Oneg 2015 Summer Edition

OnegShabbos North West London's Weekly Torah and Opinion Sheets

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‫לעילוי נשמת‬ ‫משה ז״ל‬

‫רב אהרון מנחם מנדל בן‬

CONTENTS

‫ ואתחנן‬VA’ESCHANAN..............2 ‫ עקב‬EKEV................................. 12 ‫ ראה‬RE'EH............................... 23 ‫ שופטים‬SHOFTIM................... 31 ‫ כי תצא‬KI SETZEI.................... 41 ‫ כי תבא‬KI SAVO....................... 46

r e m Sum ion t i d E

‫בס"ד‬

‫ שבת נחמו‬,‫פרשת ואתחנן‬

‫מוצש’’ק‬

London: 9:52

‫הדלקת נרות‬

London 8:36 pm

pm

‫ כ"ו‬- '‫ ישעי מ' א‬:‫הפטרה‬ '‫ ג‬:‫פרקי אבות‬

A Friendly Reminder

Dayan Elimelech Vanzetta

Rav of the Orthodox Jewish Community of Chile, Former Secretary General of the Conference of European Rabbis, European Director of 70 days for 70 years

“Only beware for yourself and greatly beware for your soul, lest you forget the things that your eyes have beheld and lest you remove them from your heart…” 1 The Gemara2 describes an incident which occurred with a pious man who was davening while on the road. A certain General came and extended a greeting to him, but he did not respond. The General then waited until he finished davening and told him: “Boor, is it not written in your Torah – only beware for yourself and greatly beware for your soul? When I greeted you, why did you not answer me? Were I to cut off your head with a sword, who would demand satisfaction for your blood from me?” The pious man asked the General to be patient with him and proceeded to ask the General what he would do if he were standing before a king of flesh and blood and a friend greeted him at that moment. The General was then appeased and the pious man departed to his home in peace.

In spite of the rhetorical example given by the pious man, many commentators maintain that the General’s question was in fact justified as the pious man did put himself at risk3. The Pele Yoetz4 goes even further and understands the conclusion of this Gemara as saying that the pious man “departed to his home in peace”, meaning, went to his eternal abode in the World to Come, due to the fact that he did not heed the warning of the Torah.

The Maharsha, however, comments that the aforementioned verse, used by the General, does not refer to physical danger, for we clearly find in the Mishnah5: “Rabbi Dostai bar Yannai says in the name of Rabbi Meir: Whoever forgets anything of his Torah learning, Scripture considers it as if he bears guilt for his soul, for it is said – only beware for yourself and greatly beware for your soul, lest you forget the things that your eyes have beheld…”

Rambam , on the other hand, understands this verse as pertaining to physical danger, and his words are brought down as the halachah in Shulchan Aruch7. The Vilna Gaon, commenting on the words of Maimonides, explains that the source for his halachic stance was precisely the Gemara mentioned above.

6

We furthermore find another ruling by the Rambam8 which warns us that we should have the intent that our bodies be whole and strong, in order for our inner soul to be upright so that (it will be able) to know G-d. For it is impossible to understand and become knowledgeable in wisdom when one is starving or sick, or when one of his limbs hurts him. If so, we see that one must be protective of one’s physical well-being in order to be protective of one’s spiritual well-being and acquired Torah knowledge.

1 Devarim 4:9 2 Brachos 32:2 3 See Tzlach; Magen Avraham 104:1; Taz on Orach Chayim 66:1 4 On Sh’mirah 5 Pirkei Avos 3:10 6 Hilchos Rotzeach 11:4 7 Choshen Mishpat 427:8 8 Hilchos De’os 3:3

Ramban, however, commenting on the verse in question, writes that it is the source of a negative commandment, and that is, the prohibition on forgetting what we all witnessed at Mount Sinai. A possible reason for our personal encounter with the Almighty at Mount Sinai was so that we could learn to fear and respect Him all our days and to teach this important lesson to our children. The purpose of this great commandment lies in the fact that had we heard the words of the Torah coming solely from the mouth of Moshe Rabbeinu, a”h, even though his level of prophecy was matched by signs and wonders, should another prophet or dreamer arise in our midst, also accompanied by signs and wonders, and instruct us to do the opposite, a certain doubt would enter our hearts. However, since the Torah was given to us by the Almighty Himself, to our ears, to our eyes, with no intermediary, we will be able to argue against anyone who wishes to divide or instill doubts in us.

The poignant words of the Ramban speak volumes to all of us, for as we know, the Gemara9 tells us that every single Jewish soul was present at Mount Sinai at the time of our personal encounter with G-d, as it says in the verse,10 “Not with you alone do I forge this covenant and this oath, but with whoever is here standing with us today before Hashem, our G-d, and with whoever is not here with us today”.

We can infer, therefore, based on this Gemara that whenever our behaviour, physical or spiritual, is contrary to Torah, we are not only transgressing a commandment passed down to us by our forefathers, but also engaging in the prohibition described by Nachmanides of forgetting that we, ourselves, are witnesses of our encounter with Hashem at Mount Sinai and this oblivion, in and of itself, puts us in spiritual danger and leaves us open to physical perils11.

In our day and age there are a myriad of dangers personified by countless “dreamers” and “false prophets” who spread their message and advance their agenda. Many times they do so and claim to be acting in G-d’s name and many times they do so precisely to negate G-d’s own existence, G-d forbid. Their message may even be very enticing and seductive to some, but it will not be of interest to those who know for a fact, as we do, that we stood before the King of Kings at Mount Sinai and that we stand, every day, before the Divine Presence, whenever we learn Torah, as it says in the verse12, in Parshas Yisro, precisely describing our meeting at Mount Sinai: “In every place where I will mention My Name, I shall come to you and bless you.”

But just in case we have a frail memory, just in case we are tempted to forget of all this, G-d reminds us again in this week’s Sedra not to forget Mount Sinai, not to forsake our learning and not to expose our bodies, the vehicle through which we are able to observe His commandments and bring holiness to this world, to physical dangers.

9 Shabbos 146a 10 Devarim 29:13-14 11 See Sefer Kemotzeh Shalal Rav which brings an opinion by HaRav Yaakov Kaminetzky, zt”l.

12 Shemos 20:21

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PARSHAH

01 August ’15 ‫ט"ז אב תשע”ה‬

Dayan Y Y Lichtenstein 3

Rosh Beis Din, Federation

Holiday FAQs [part 1] When staying in a rented self-catering cottage or flat or a non-kosher hotel, or even in a self-owned property far from any established Jewish community, many shailos can arise.

The Ask the Federation team, comprising Dayan Lichtenstein and Dayan Elzas of the Federation Beis Din, along with Rabbi Dovid Tugendhaft, Rabbi Yaakov Hamer, Rabbi Yonasan Roodyn and Rabbi Eliezer Zobin, have put together these frequently asked questions.

Please note that the responses are intended to be a guideline and wherever possible one should consult one’s own Rav.

PART 1: THE KITCHEN 1. Can I kasher the microwave in a holiday cottage?

How? Many just double wrap all food taking care to ensure that any bags/wrapping don’t burst. However if it is necessary to kasher the microwave, follow these steps. A) Ensure it hasn’t been used for 24 hours and that it’s absolutely clean.

B) Place a container filled with water inside the microwave and heat it up on high for long enough that it steams out of the oven. Then move the container and steam out the oven again (thereby ensuring that the second time it kashers the area which was under the container the first time around.)

The microwave may now be used as normal.

2. Do I need to kasher the sinks in a non-kosher holiday kitchen or is it enough to use a washing up bowl?

You may use washing up bowls in a treif sink. Alternatively, metal sinks can be kashered by ensuring they are clean, leaving for 24 hours and then pouring water from a kettle immediately after it has been boiled, keeping the spout close to the surface and making sure that each part of the sink is completely dry when the water from the kettle comes into contact with it. Ideally then run cold water over it.

3. Do I need to cover the counters and the shelves in the fridge and freezer?

The counters will need covering if you want to put down anything hot. The shelves of the fridge/freezer do not need covering but should be inspected and if necessary cleaned, to ensure they are clean and free from food remnants from previous occupants.

4. How do I kasher an oven in a holiday cottage? Does it make a difference if it’s gas or electric?

The Federation does not permit the kashering of ovens from non-kosher to kosher. Everything that goes into the oven should be double-wrapped.

5. How do I kasher an electric hob?

For a standard electric ring or electric plate on which the pot rests, clean the hob and turn each ring on to full power for 45 minutes. There is no need to wait 24 hours. However for electric rings that are embedded into the metal of the stove top itself, one must clean the hob, wait 24 hours, then turn each ring on to full heat for 45 minutes and pour boiling water over the surface.

6. How do I kasher a gas hob?

Clean the hob thoroughly and leave on full flame for 20 minutes. Ideally, cover the hob with a blech or a simmer ring during this process. If you don’t want to kasher the hob, ensure it is clean and place chicken wire (or the wire grate from a disposable BBQ) between the pot and the hob.

7. How do I kasher a ceramic or induction hob?

Ceramic or induction hobs can be kashered by cleaning them, waiting 24 hours, then turning the hob on and placing a simmer ring or wide flat pot on top of each ring, keeping it on the maximum temperature for 45 minutes and then pouring boiling water over it. Please note that induction hobs will only work with special pots and pans – you will need to take your own kosher ones along or purchase a simmer ring which your regular pots and pans can then be placed on top of. However you can use non-kosher pots for koshering purposes.

8. Am I allowed to buy pas palter and/or chalav stam when on holiday away from an established Jewish community?

When you are not staying near any shops where kosher food can be purchased, you may eat genuine pas palter products.

However there is no heter to use chalav stam products, both food and drink, in this situation.

9. Can I use the dishes/cutlery/glassware provided by the holiday cottage if it’s just for cold food?

Ideally a person should use kosher crockery, cutlery etc or disposable items. However if nothing is available and they are using it for cold foods such as cereal there is room to be lenient.

10. Can I use the kettle provided by the cottage?

If the kettle looks normal and has only a white residue inside it, then we do not need to be concerned that it has been used for boiling other things. It can therefore be used.

Preferably wipe down the outside first and then boil it up once and discard the water. It can then be used as normal. However if it has a black residue inside it then you should not use it as this would indicate it has been used to heat something other than water.

T H I S PA G E I S K I N D LY S P O N S O R E D B Y T H E F E D E R AT I O N

DO YOU HAVE A QUESTION? ASK THE federation

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FEDERATION

Summer Holiday Guide

This Page is kindly sponsored by the Federation

Rabbi Yaakov Barr MSc (CBT), Pg Dip Rabbi Yaakov Barr is a psychotherapist in private practice in London specialising in Cognitive Behaviour Therapy

4

We all know that holidays are good for us.

There is a wealth of research demonstrating what psychologists (and travel agents!) have known all along, holidays are an invaluable ingredient to our psychological, physical and spiritual wellbeing. Whatever form they take, be it in a five-star luxurious holiday or a simple house swap, holidays are a chance to unwind, regroup and enjoy quality time with family and friends. Taking the time to ‘recharge the batteries’ lowers stress levels, which in turn keeps many of the vital

organs, including one’s heart and one’s brain, healthier and functioning properly.

But leaving anxiety behind once we’re on holiday is sometimes easier said than done. In a recent survey, 50% of Britons said they were more exhausted after going on holiday than they were before they went. Often vacations end up being more stressful than regular day to day life. There are schedules to keep, children to be entertained and a strange pillow to contend with. There are hold-ups on the motorway, delays at the airport as well as the expected lost luggage and lost reservations. There is the nagging pressure (usually by the younger members) to hurry up and get to all the attractions and the inevitable queues. The plan to retreat, relax, recharge, reflect and recreate becomes but a distant dream.

HERE ARE A FEW TIPS TO MAKE YOUR HOLIDAY A RELAXING ONE 1. Flexibility When expectations of ourselves, of others, and of events are not realistic, stress and unhappiness are the end result. Holidays are events out of the ordinary and we often expect something extraordinary of them. Many of us want to have the perfect holiday with the perfect weather and around perfect scenery. When events don’t turn out as planned, often due to circumstancesbeyond our control, we end up feeling frustrated, angry and stressed. By being flexible and having realistc expectations, we can accept whatever the reality.

Modern psychology is now realising what the Torah and Chazal knew long ago: flexibility in actions and thoughts leads to happiness, whereas rigidity leads to unhappiness. In last week’s parshah, Moshe criticised the Jewish people for being “am keshai oref”- a stiff necked people. (Devarim 9:6) This rigidity, says Rav Dessler is what caused the Jewish people to complain instead of accepting the reality. The Gemara in Taanis (20b) says one should be as “soft as a reed and not as hard as a ceder.” Avos D’ Reb Noson (41:1) explains that we should aspire to be like a reed.

A reed is flexible and bends towards the wind so even a hurricane cannot destroy it, yet a cedar is inflexible: it cannot bend and so will collapse in the face of adversity.

2. Strive not to catastrophize It is easy to dramatize and make something into a bigger deal than it really is. It is one of the most common thinking errors, and one which causes much anxiety and anger. When problems arise, we need to view them objectively. A real catastrophe might

be when human life is taken or a natural disaster occurs. A catastrophe is not when the hotel room is not ready, the food is not tasty or the car breaks down.

3 Digital Detox Thanks to technology and our ever increasing attachment to it, having a break from our work, gadgets and emails becomes a greater challenge. What’s the point of leaving town and going somewhere that’s supposed to be relaxing if you are constantly fielding emails and phone calls? For a holiday to be rejuvenating, it is vital to be completely present in the moment and the distraction caused by constantly pinging smart phones certainly doesn’t exactly help in that respect. If at all possible take advantage of a phone’s silent facility or if you are really in the holiday mood, than even opt for the “off” button.

4. Mindfulness Mindfulness is a concept which is revolutionising the world of psychology. Mindfulness is simply training our minds to be in the present rather than always being in the past, which can be depressing, or in the future, which can cause anxiety. With mindfulness we live in the ‘being’ mode, using all our senses (sound, sight, taste, touch, smell) to fully experience daily activities like eating and walking. So try to stay fully focussed on the present during your holiday, taking in the whole experience, the scenery, the sounds, the tastes and the smells! By being in the moment as much as you can, you can make your time away, a real holiday and not a headache.

SS PP O ON N SS O O RR EE D D

‫לעלוי נשמת‬

‫חנה בת אלעזר ע"ה‬

??? QUIZ TIME Answers can be found on page 51, inside back cover

1. Why does Parshas Va’eschanan always fall after Tisha B’Av?

PSYCHOLOGY PARSHAH

Holiday or Headache?

Uriel Roodyn 5

The Beis - London's foremost Makom Torah for those wishing to combine serious learning with work or university study There is disagreement between several Rishonim as to whether the Ten Commandments actually constitute ten mitzvos. The Ramban and Kuzari as well as several other notable Rishonim consider the first of the Ten Commandments, “Anochi Hashem Elokeicha” to be a prerequisite of faith and therefore do not include the command as one of the 613 mitzvos. On the other hand the Rambam lists it as a positive mitzvah which he describes as a command to know that there is a G-d. The implications of this disagreement are far reaching but we will examine just one in the following article.

When the Ramban and Kuzari comment on the first commandment each quote the text, “Anochi Hashem Elokeicha asher hotzesicha me’Eretz Mitzrayim - I am the Lord, your G-d, Who brought you out from the Land of Egypt.” For both, the belief in G-d is a prerequisite to the Jewish faith and the first commandment is a pre-condition of the other commandments. Man arrives at faith in G-d through intellectual, psychological or emotional factors based on his percieved individual reality. As a nation we believe in G-d because he revealed Himself to us within our own historical reality in Mitzrayim which is why both the Ramban and Kuzari quote ‘Who brought you out from the Land of Egypt.”

However, when the Rambam describes the commandment to “know Hashem” he deliberately quotes the first commandment as just “I am the Lord, Your G-d,” without the rest of the passuk. The Rambam refuses to include the part of the passuk which references G-d’s actions in history because he is unwilling to accept any non-religious historical pre-conditions to belief in G-d. Man does not reach knowledge of G-d because he

PARSHAH

Anochi Hashem

understands something of history or nature. If this were the case, it would follow that there is something outside of the halachic framework that brings us closer to G-d and leads us to believe in Him. According to the Rambam we believe in G-d because it is a mitzvah to do so; if anything else were to compel us to believe in G-d there would be no religious value in the belief.

In addition if our fundamental belief in G-d is based on G-d perceived in terms of our historical reality, then our belief in Him is conditional on His involvement in our reality. How can this be true when we believe G-d to transcend our reality entirely and exist regardless of our own existence? It is a contradiction in terms to say that G-d is both transcendent and yet our fundamental belief in G-d is found when seeing G-d in human history.

Evidence for the strength of the Rambam’s rejection of the Ramban and Kuzari’s idea can be found at the start of the Mishneh Torah. In the first four halachos, the Rambam assumes that G-d is already known and the commandment to “know G-d” is a requirement of Man to ensure that he makes no mistake in his interpretation. In fact, throughout the first four chapters, all of which are completely devoted to the mitzvah of “knowing G-d”, there is not a single mention of Mitzrayim or anything even remotely connected to human history. The halachos defining the mitzvah to “know G-d” depend solely on logic and do not even reference any divine interventions. The Rambam is emphasising that G-d exists regardless of anything else and therefore our faith in Him cannot fundamentally be founded on anything other than His commands.

To summarise, the disagreement between the Ramban and the Rambam as to whether to consider the first of Ten Commandments as mitzvah belies a far more fundamental disagreement. The Ramban and the Kuzari consider the belief in G-d to be based on His interaction with us through the medium of human history culminating for Bnei Yisrael with His intervention at Mitzrayim. The Rambam is unwilling to attribute any religious significance to anything other than mitzvos to the extent that even belief in G-d would lack religious value if not a mitzvah.

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2. There is a mitzvah not to add to or detract from the mitzvos of the Torah. It is easy to understand why we may not detract, but why can we not do more?

Rabbi Michoel Jablinowitz 6

Rosh Yeshiva Ateret Yerushalayim

PIRKEI AVOS

MiYemini Michoel

Pirkei Avos, Chapter 4 Mishnah 1 Ben Zoma says, “Aiyzehu chacham? Halomeid mi'kol adam, Who is a wise person? Someone who learns from everyone.

Aiyzehu gibor? Hakoveish es yitzro, Who is a strong person?

Someone who conquers his desires. Aiyzehu ashir? Hasameach b'chelko, Who is a wealthy person? Someone who is happy with his lot. Aiyzehu mechubad? Hamechabed es habriyos, Who is respected? Someone who gives respect to others.”

This well-known mishnah which begins the fourth chapter of Pirkei Avos describes how one is able to attain four common goals of mankind: wisdom, wealth, strength, and honour. The wise person is described as one who learns from all, as the verse in Tehillim states, “Mikol melamdai hiskalti - from all my teachers I have gained wisdom.” Why does one need to learn from everyone? Perhaps the really wise man only learns from the best teachers. Why do our sages emphasize that one needs to learn from all people and not only from the most experienced scholars?

The Maharal answers that if one learns only from the greatest experts, this expresses more about the teacher than the student.

The teacher is interesting, might speak well, or might be so brilliant that he attracts others to him. But it doesn't necessarily teach us anything about the person learning from him. Ben Zoma is teaching us the definition of a wise person. And that is someone who searches for wisdom in all places and from all sources.

When one is always searching out wisdom, and it doesn't make a difference whether the teacher is brilliant or articulate as long as he has something to teach, this indicates that he is a chacham, a wise person. Only when one learns from all potential sources is it understood that wisdom is definitional and essential to who he is.

A respected person is defined as someone who gives honour to others. One might think differently; an honourable person is to whom others give respect. If he gives honour to others, perhaps it is because he is less significant than they. Ben Zoma teaches us that this is not so. When someone gives honour to others, it tells you who he is. The Midrash Shmuel on Avos teaches that it is comparable to a vessel from which one pours. The contents of the vessel indicate what the vessel is; an oil jug is only an oil jug if it contains oil. The way one acts and behaves defines the essence of the person. One who treats others with respect is one who is full of respect; he is an honourable person.

The converse of this is the famous Gemara in Kiddushin 70a: “Kol haposel b'mumo posel.” Someone who disparages

others, teaches the Gemara, is really speaking about himself and indicates his own shortcomings. The Rambam even states in Hilchos Isurei Bi'ah that one should not marry into a family of one who calls others mamzerim, for we are concerned he himself is a mamzer. Similarly, one who acts with honour and treats others respectfully indicates that he is an honourable person.

The wealthy man is happy with his lot. The Midrash Shmuel teaches that typically with physical pleasures, the body has a limit. One can only eat a certain amount of food. Each person has a point of satiation and beyond that limit there is no pleasure. The exception to this is money. There is no limit to desire for wealth.

One always wants more. The limit and satiation must come from within the person himself. This self-imposed limit provides the sense of satiation and satisfaction. This is the statement that Yaakov makes upon meeting Eisav, “Yesh li kol, I have everything.”

I don't need anything else, just like one might say, I can't eat anymore. And this is in contradiction to Eisav who pronounces “Yesh li rav, I have a lot.” There is no end to what a lot is.

And the strong person is one who conquers his desire. The Midrash Shmuel points out that Ben Zoma didn't teach that the strong person destroys his desire. This is because the yetzer hara, one's desire for physical pleasure, is essential for the world to exist. Without desire, people wouldn't get married and have children; there wouldn't be commerce and industry. The idea is once again to set limits, have self-control and exercise restraint with one's desires. When one has the discipline to apply his desire for pleasure, only in a constructive manner, this is the essence of strength. This is the real gibor.

The common thread in the Mishnah is that a person is defined by what the essence of the person is. He isn't defined by things outside of himself, by his acquisitions, his teachers, or what others think of him. In all of the examples in the Mishnah, the person is defined by what his essence is. When he is always learning from others regardless of who is available to learn from, this defines him as wise. When he shows honour to others, this teaches us he is full of honour. One is defined as wealthy only when he is able to put limits on himself and appreciate what he has. And when he controls his desires, it shows us the true definition of gevurah: the one with the inner strength to use temptation and desire only to serve Hashem.

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??? QUIZ TIME Answers can be found on page 51, inside back cover

coming soon!

THE ONEG YOMIM NOROIM EDITION

3. When else during the year do we read from Parshas Va’eschanan?

Rabbi Avi Hill Director of JBox

7

Our sages tell us in Devarim Rabbah (11:10) that Moshe Rabbenu prayed 515 times.

He pleaded with Hashem to be allowed into Eretz Yisrael. Hashem answered him by saying, “Stop praying about this matter, because if you pray one more time, I will have to fulfill your prayer.”

The numerical value of va’eschanan is 515, as is that of tefillah.

This alludes to the potency of the prayer of Moshe Rabbenu.

This sedra teaches us about prayer, which leads to many questions.

Firstly: why pray?

Hashem loves us and knows what is best for us, so why do we need to pray for personal requests. Surely we can’t change Hashem’s mind? One explanation, as taught by Rabbi Tatz, is that prayer does not change Hashem, but changes the individual.

The root of the word tefillah is pallel, which is reflexive and means to change within. Our first goal of prayer is to change ourselves.

When my son Yitzy had his bar mitzvah, a good friend of mine bought him a dartboard as a present. Darts were an interesting choice of gift for a 13 year old boy and when his sisters begged me to take them away from him, I explained to Yitzy that when I could trust him to look after the dartboard responsibly and that the darts would only be thrown at the board, then he could have it back. Three years later when he matured, it was returned to him.

Rav Yakov Hillel explains that when we take three steps backwards at the end of the Amidah, we should be a different person from the one who took three steps back at the beginning of the Amidah.

There are times when Hashem wants to give us blessings, but we are not ready to receive them. We pray to change, to mature, to become more refined, and we pray that we are now ready to be a vessel for blessings.

How do we pray?

The Nesivos Shalom explains that the greatest way to pray is with a broken heart. As it says in Psalms 51, “A broken and humbled heart, Hashem never despises.” Moreover, to pray with tears is special. The Talmud in Brachos says, “The gates of tears are never locked.”

The legendary Baal Shem Tov once went to a woodchopper’s house in the forest. The man was very poor and yet the Baal

??? QUIZ TIME Answers can be found on page 51, inside back cover

Shem Tov knocked on the door and asked to lodge in his small residence. The poor man did not know what to make of it, but did everything he could to be hospitable. However, at the end of the week, the Bal Shem Tov had eaten the woodchopper out of house and home and the poor man had lost all the material possessions he owned to enable him to be able to stay.

The poor man, who was now completely penniless, broke down in the forest and cried to Hashem to help his family. A few days later, the King’s soldiers knocked on his door asking for his homemade wine. The King had found out about this fine wine a few years back from a guest who had passed through. The poor man became incredibly wealthy, as the entire kingdom became his customers. The Baal Shem Tov explained that Hashem had the blessing of wealth waiting for the man, but the only way to receive it was with a prayer from a broken heart.

Finally, David HaMelech tells us “He’emanti ki adaber I have faith when I pray.” Rav Dessler explains the way in which we pray is a reflection of our emunah. The greater our emunah in Hashem, the more effective our prayers are. As it says in Psalms, “Cast your lot off to Hashem and He will sustain you.” Too often we say, “Leave it to me!” If we leave it to Hashem, He can deliver us the blessing for which we yearn. As King David says, the one who trusts in Hashem will be encircled by kindness.

A young woman started attending our classes at Jbox and after several weeks told her story. She was from North London, brought up religious, and married with a family. Tragically, she became addicted to alcohol, then to drugs, and after falling into cocaine and heroin, her husband divorced her and the children were put into care. At rock bottom, she entered rehab outside of London and after eight months of receiving help, she started to get back on her feet. The treatment took place in a church hall and she associated her recovery with Christianity. She decided she would raise children in this new Christian environment. However, one day she prayed with a broken heart and said, “Hashem if you do exist, show me a sign that I should stay within Judaism.” That week, as she came out of an AA meeting in London she bumped into an old friend who asked if she was attending the class at Jbox. She did not know what it was and it was the furthest thing from her mind. The friend persuaded her to attend and she was brought into the class. The speaker that night was Rabbi Dovid Tugendhaft, who spoke of beauty and compassion within spirituality and Judaism, which the young woman had never heard before. She took it as the sign from Hashem and has now found answers in Judaism and returned to a Jewish lifestyle.

Hashem listens, we just need to pray!

4. Which two letters stand out in Parshas Va’eschanan and how are they significant?

PARSHAH

Hashem Listens, We Just Need To Pray!

Dayan Yonason Hool Dayan on the Beis Din “Nesivos Chaim,” Yerusholayim, Member of the London-based Chartered Institute of Arbitrators.

8 CASE STUDY A property developer entered into an oral agreement with the owner of a block of flats under which the developer undertook to obtain planning permission to demolish the block and replace it with new town houses. Once this was achieved, the owner would sell him the freehold for £12m, the developer would develop the property according to the permission, the six houses would be sold and half the proceeds in excess of £24m would be given over to the original landowner.

The developer spent 18 months acquiring planning permission to demolish the block and replace it with new town houses, and when he finally achieved the permission, the property increased in value by £4m. At this point the landowner backed out of the agreement, and no longer wanted to sell the property at the agreed price and under the agreed conditions.

In this real-life case,1 the developer claimed in court for a proprietary interest in the property based on the original oral agreement. Although no contract had been signed, the developer had, with the encouragement of the landowner, spent time and money in obtaining the planning permission and has done so, to the knowledge of the landowner, in reliance on the oral agreement, and thus the landowner should be held to be estopped from denying that the developer had acquired a proprietary interest in the property.

Alternatively, the claimant argued that equity can give effect to the joint venture agreed upon by treating the landowner as holding the property upon a constructive trust for himself and the developer.

Alternatively, the developer claimed for unjust enrichment.

The grant of planning permission, obtained at his expense and through the deployment of his time and planning expertise, had increased the value of the property. So the landowner had been enriched at the expense of the developer and, since it was the former’s repudiation of the oral agreement in principle that frustrated the basis upon which the latter had been relying, perhaps unjustly enriched.

This latter claim would not grant a proprietary interest in the property to the developer, but would rather be a claim for financial compensation.

Although in the Court of Appeal a proprietary estoppel was recognised in favour of the developer, which was remedied by awarding the developer a half share in the increased value of the property (i.e. £2m), this was overturned by the House of Lords.2 The developer was awarded only £150,000, which reflected the application expenses and a reasonable fee for professional services.

1 Yeomen’s Row Management v. Cobbe 2 Primarily, it was held that in a commercial context, with both parties being experienced in the field and being fully aware that no contract had been signed, there can be no case for estoppel nor the creation of a constructive trust. The retraction of the landowner, unconscionable though it undoubtedly was, was not sufficient. The claimant’s argument that both parties considered themselves to be bound “in honour’ to perform the contract was rejected.

Let us consider what would have transpired had the parties been Jewish, and, being aware of the mitzvah to seek arbitration in Beis Din (and the severe prohibition of using a secular court) had instead brought the dispute to Beis Din, to be decided according to halachah.

TRANSFER OF TITLE IN HALACHAH In halachah, ownership of property can transfer from one party to another only if two conditions are fulfilled: 1) There is consent on the part of the owner to transfer the title to the new owner, and 2) a kinyan - an act of acquisition is performed that effects the actual legal transfer. (Uniquely when someone dies, the Torahmandated heirs acquire title to his possessions automatically.)

There are several different types of kinyan, and their effectiveness depends on the type of asset being transferred. A cash payment, for example, can suffice for the acquisition of real estate, but will not suffice for the acquisition of metaltelin (chattels, i.e. moveable property).

Without an act of kinyan, one cannot assume an actual interest in property, and it therefore follows that an oral promise to transfer possessions to another person will not be halachically effective.

MECHUSAR AMANAH Nonetheless, in certain circumstances an oral promise will be at least morally binding, though not legally binding, on the one who made it. The Gemara (Bava Metzia, 49a; Shulchan Aruch, Choshen Mishpat, 204:7,11) rules that if an oral agreement has been made between two parties to a commercial deal, although this is not legally binding until a kinyan has been made, nonetheless the parties are expected to carry through their commitments. If either side unilaterally retracts, even before any further progress has been made, the retractor is considered a mechusar amanah – an untrustworthy person – and in the words of the Shulchan Aruch, Chazal are displeased with the behaviour of such a faithless party. (The Rema there interprets this to mean that retracting is not merely frowned upon, but that it is actually forbidden to retract unilaterally.) However, this is not usually actionable in a Beis Din.3 In this context, a “commitment” means reaching a stage in negotiations at which the price and general terms and conditions have been finalised to the parties’ satisfaction, and each party has explicitly agreed to go through with the deal, and thus each party is relying on the other to honour this commitment.4 In our case, then, in the absence of a contract or other form of kinyan, there would be a moral obligation for the landowner to honour his commitment to the deal, but this would not be enforceable, and it would certainly not grant any proprietary interest in the property to the developer.

3 See Nachal Yitzchok, 40, Anaf 4, s.v. ive’ikkar. See however Mishpat Shalom, 204:14, quoting Maharana”ch (118) and Mahara”m Mintz (101) 4 If the market value unexpectedly changes, though, there may be scope to permit a party to retract. See Shulchan Aruch, C.M., 204:11, and Gr”a and Aruch Hashulchan there

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5. How many mitzvos can you think of from Parshas Va’eschanan?

AVI & ALISON

EMPLOYMENT AGREEMENTS However, there is another factor to consider here. The developer, based on a clear agreement with the landowner, has carried out work for the landowner, investing time, effort and money in procuring the various building permissions. The promised consideration for this work was the deal that had been orally agreed, to allow the developer to purchase the land, develop it and sell it on. Now, an employment agreement requires no kinyan at all. For example, if A asks B to paint his house for £1000, once B does the job the money is now owed by A, with no additional kinyan required to create this obligation. Perhaps it could be suggested, then, that in our case the developer would in fact receive a proprietary interest in the property as consideration for his efforts, in line with the oral agreement between the parties that in effect can be considered an employment agreement.

This suggestion fails, though. Even if an actual proprietary share in the property had been explicitly promised as payment for the employment, and the work was carried out to plan, the property will remain in the hands of the original owner. As the Ketzos Hachoshen (332:4) demonstrates, in halachah, carrying out an employment agreement will not grant a proprietary interest in the possessions of the employer. Even if the employer had originally promised to give a specific item as payment for the work done, rather than just a sum of money, until he actually gives over this item the title to his assets remains with him.

The reason for this is that the title to metaltelin (chattels) cannot be transferred via a kinyan kesef (financial payment) alone, and another form of kinyan (such as physically taking possession of the goods5) is required. When someone provides an agreed service to another, he could in effect be considered as making a payment towards the employer with his work or service provided. But a financial payment alone cannot affect a transfer of ownership of the item promised by the employer. So the actual item promised will not become the property of the employee even after he performs the required work.

In fact, the Ketzos Hachoshen goes on to imply that even regarding the transfer of real estate, for which kinyan kesef is usually effective, an employee promised real estate as consideration for work done will gain no proprietary interest in the real estate. This is because there is a consensus amongst the poskim that work performed cannot in fact be considered as a payment made to the employer, in the manner of kinyan kesef.

The maxim of yeshnah lesechirus mitchilah ve’ad sof dictates that the payment due to a hired worker becomes obligatory on the employer incrementally, on a continual basis, with each unit of work creating an obligation for payment for that unit. The due 5 There are kinyanim for metaltelin that do not require physically taking possession of the item, such as challipin (barter), but kinyan kesef is not effective for metaltelin.

date for the payment though, will be at the completion for the entire job. It follows then that when completing the work the employee is already owed a gradually built-up debt. To acquire real estate in consideration for this debt would mean that in effect the property is being paid for with a debt, not money. Although title to real estate can be acquired with kinyan kesef, it cannot be acquired with a mere debt.

As a result, since the transfer of the item is not effective, the employer need not give that item that he had promised as consideration for the work done.6 The employer will, however, still be obliged to pay the value of the item as the equivalent consideration for the work done. 7

AGREED CONSIDERATION There is a further point to note. In our case, the developer was not in fact promised a proprietary interest in the property in exchange for the arranging of planning permission. Rather, it was agreed that as consideration for his services, he would be given the opportunity to purchase the property (which would undoubtedly have increased in value due to the permission granted for developing) at the agreed price, with the agreed conditions attached. That opportunity itself has a price and value.

It is submitted then, that although the original oral agreement cannot in halachah give a proprietary interest in the property, and cannot even compel the landowner to make the sale of the property to the developer as consideration for his services, nonetheless this value of the opportunity to develop the property under the specified conditions is the sum that the landowner must pay as consideration for the services rendered.

BEIS DIN RULING The Beis Din would thus estimate, based on its own expertise or the appraisal of independent expert opinion, how much a developer would be willing to pay to be allowed to purchase the now more valuable property for the price of £12m, under the additional development commitments and conditions that had originally been agreed. The Beis Din would then oblige the landowner to pay this sum to the developer for his services rendered in the arranging for the various planning permissions.

Dayan Yehonoson Dovid Hool (DipICArb) is a dayan on the Beis Din “Nesivos Chaim,” Yerushalayim, and is a Member of the London-based Chartered Institute of Arbitrators.

6 Ketzos implies that there might be a moral obligation, though unenforceable in Beis Din, to give the employee the actual item promised rather than its value. See also Nesivos Hamishpat, 203:7; Machaneh Ephraim, Sechirus, 14 7 Ketzos Hachoshen, 332:4, quoting Ro”sh, Rabbeinu Yerucham and Ra”n. See however Rashb”a, Avodah Zarah, 63a, who considers the possibility that since the agreement to give the specific item as consideration is invalid, perhaps this means that in effect there is an employment agreement without any consideration agreed, and so the employee would be paid as any employee who did not specify his wages or fees would, i.e. the going rate for the job done

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Proprietary Estoppel in Halachah

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6. What are some of the differences between the first rendition of the Ten Commandments in Parshas Yisro and the second rendition in Parshas V’eschanan with regards to the fourth commandment of Shabbos?

Rabbi Avi Wiesenfeld

Rosh Kollel, Yerushalayim and Rav at Kav Halachah Beis Horaah

10

Travelling & Vacation [part 1] – Ask Before You Go… Chazal instituted a special tefillah to be said whilst on a journey, when travelling through an area frequented by armed robbers or wild animals, to protect the traveller from those dangers. Although some poskim only require it when actually travelling in dangerous areas, most poskim require it for any form of travel on any type of journey. 1 In the Gemarah, this tefillah was actually a form of request to travel from Hashem, and one would actually ‘feel’ if one would be successful or not while saying the tefillah.

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so, it may be said on its own as well7. Some poskim don’t require this condition and allow it to be made at any time.

Q. How many times a day must this brachah be said?

A. It is only said once a day, no matter how many times a person travels during that day8.

•

If one is travelling continuously for a few days, it should be said each day (in this case one need not wait until he is 72 amos past the last house – see next question) provided one slept for a proper length of time in the night.9 When travelling at night and continuing the next day, it should be said at night when one starts the journey, and then the next day without the brachah at the end.10

•

If one said tefilas haderech and along the way stopped travelling for a few hours, and continued on his way, he need not say it again.11 One saying it on the way to the airport for example, should have intention to cover the flight also.12

Q. What length of journey requires tefillas haderech to be said?

A. Chazal require one to recite this tefillah when leaving a city and travelling more than the distance of a parsa – 3.84km/2.4 miles (R’ C. Noah) or 4.60km/2.9m (Chazon Ish).

TRAVELING HALACHAH HALACHOS

The Weekly Halachic Conversation

•

Women are also obligated in this tefillah.2

•

Even one travelling for mitzvah purposes should say this tefillah.3

•

One going boating, fishing or sightseeing on a boat and travelling approximately three miles away from the city should also recite tefillas haderech.

•

•

One going on a cable car (the required distance – see below) should also recite tefillas haderech.4

A. If one is driving, it is always best to stop the car and say it, since all brachos should be made while standing in one place.13 One need not leave the car. If one is travelling on a bus or train, its best to stand if possible.14 If it is difficult to stand, it may be said sitting.15

Q. When should tefillas haderech be said?

A. It should be said after one has travelled a distance of seventy amos (approx. 120 feet) past the last house in the city. If it was said too early, one has nevertheless fulfilled his obligation.5 •

If one is travelling in a populated area the entire time, one does not recite this tefillah – unless it is a dangerous area.

•

When travelling on a plane (if it wasn’t said on the way to the airport), it should be said on the runway as the plane takes off.6 Some have the custom not to say tefillas haderech when flying.

•

Since this tefillah doesn’t start with a "‫ברוך‬.." one should say it close to another brachah, such as after a brachah achronah or after asher yotzar after using the bathroom. If one isn’t able to do

‫ ויש שאין‬."‫ "א' ר' חסדא כל היוצא לדרך צריך להתפלל תפלת הדרך‬:‫ומקור לדעין זה הוא גמ' ברכות כט‬ ‫ כן צידד הגרש"ז זצ"ל בהליכות‬,‫אומרים ת"ה כלל בדרכים שלנו כיון שאין להם "ליסטים וחיות רעות" שם פעם‬ .14 '‫שלמה פכ"א הע‬ .‫שו"ת לבושי מרדכי מהדו"ת יו"ד סי' לה עפ"י מג"א או"ח סי' קו ס"ק ב‬ .‫ס' אהלך באמיתך פ"ט ס"ו‬ .‫ס' ויהי בנסוע סוף פ"ב בשם הגרש"ק גרוס שליט"א‬ ‫ ויש נהגו לאומרה בתפלת שמו"ע שקודם‬,‫ עי' ט"ז ס"ק ז‬,‫ ויש שנהגו לאמרו בבית לפני היציאה לדרך‬.‫מ"ב שם‬ ."‫יציה לדרך בברכת "שמע קולינו‬ ‫ ובשו"ת משנה הלכות‬.‫ קונ' ובלכתך בדרך‬,‫ ולכן אין להמתין עד שיעור פרסה‬,‫שאם יפול אז כבר יש סכנה‬ ‫ וכ"פ בשו"ת‬.‫מהדו"ת או"ח סי' עז כ' הטעם לזה משום דאם ימתין אפי' קצת הוי כבר אחרי שיעור הראוי לאומרו‬ .‫באר משה ח"ז סי' קיד אות ד והגר"י קמנצקי זצ"ל באמת ליעקב‬

1

2 3 4 5 6

Q. What is the correct manner to say tefillas haderech?

Q. Should each person make his own brachah, or should one person say it to exempt everyone else?

A. Although the minhag seems to be that one person says it for everyone,16 some poskim prefer that each person recites his own brachah.17 It is best not to say it over a microphone.18 The Satmer Rebbe, zt”l, used to say one who goes on holiday should remember that although one may be leaving his home, one cannot leave Hashem. Have a Safe and Enjoyable Trip! .‫ שו"ע בשם מהר"ם מרוטנברג‬7 .‫ מ"ב ס"ק כו‬8 .‫ ועי' שע"ת ס"ק ב בשם ברדב"ז‬.‫ מ"ב ס"ק כו‬9 .‫ שע"ת שם ס"ק ב‬,‫ שו"ע ומ"ב שם‬1 0 .‫ מ"ב ס"ק ה‬11 .‫ אהלך באמיתך עמ' פ בשם הגרי"ש אלישיב זצ"ל‬12 ‫וה"ה ליושב בעגלה שא"צ לירד אלא‬...‫ ועי' מ"ב שם ס"ק כג שכ' שיעמיד הבהמה מלילך אם אפשר לו‬.‫ שו"י ס"ד‬1 3 .‫ וכ"ה בגר"ז ס"ד וערוה"ש סעי' יא‬.‫ משמע דהקפידה הוא רק שלא יהיה כמהלך‬.‫להעמיד הסוסים‬ ‫ וע"ע בשו"ת תשובות והנהגות ח"ג סי' עו שהוא מחמיר ויוצא מהמונית כדי לאומרו‬.‫ ערוה"ש סעי' יא‬,‫ לבוש שם‬1 4 .‫ת"ה‬ .‫ מ"ב ס"ק כב‬1 5 ‫ ובגר"ז‬.‫ הגרי"ש אלישיב זצ"ל שא' יכול להוציא את חבירו וכן הוא המנהג העולם‬,)‫ אשל אברהם (בוטשאטש‬16 .‫משמע שא"א להוציא דהוה כתפילה‬ .‫ וכן משמע מהמ"ב סי' נט ס"ק טו‬1 7 .‫ ושו"ת מנחת שלמה ח"א סי' ט ס"ק א מהגרש"ז זצ"ל דלא מהני‬,‫ עי' שו"ת מנח"י ח"ג סי' לח אות טז‬1 8

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7. Which of the Six Remembrances said after Shacharis is found in Parshas Va’eschanan?

Dr Charles Landau

11

Jewish historian and Dentist. He has lectured and given shiurim around Britain, America, German, Poland and Italy. He is a Jewish Tour leader, having led groups to Germany, including Berlin, Italy and Poland

“My People Were No More” For 1000 years Jews had lived in Poland. For 1000 years they had been part of, yet separate from, Polish society. They had produced a wealth of Jewish learning and literature, great seats of learning and yeshivos. Talmudists, codifiers, a Golden Age. Lands of mysticism, misnagdim and chassidim. Outstanding rabbis and personalities. At the outbreak of WWII nearly 50% of lawyers and doctors in Poland were Jews. Polish Jewry spanned all types and shades of opinion, belonging to movements as disparate as the Bund, Zionists, Polonisers, Aguda and others.

The story is told of a boy who goes into a travel agent before the War and asked to see a globe to discover where he could escape. He turns the globe this way and that and then looks the agent in the eye and asks, “Is there anywhere else?”

If the German policy was to get the Jews out, when they came to Poland they met people who had the same idea.

The Polish Government called for mass emigration of all Jews…but where to? “there is not space for two nations on the Vistula” Prime Minister Koc stated emigration was, “Indispensable for the solution of the Jewish Question in Poland” 1st September 1939 was a Friday night; the shuls were filled to capacity as Germany carried out their blitzkrieg on Poland.

By Rosh Hashanah, some two weeks later, German intentions were plain: dehumanisation, executions and desecrations. Rosh Hashanah and other yomim Tovim were, as would become clear in the course of time, the occasions for horrific ‘actions’ against the Jews: Lodz, September 13th 1939: Jewish population: 233,000 (one third of the population): “Erev Rosh Hashanah…according to an order issued today, stores are to remain open tomorrow. What a blow to the Jews on Rosh Hashanah...however, the synagogues are to be closed. There is no possibility of communal prayer for mercy…”

In Lodz there were three famous synagogues and none were to survive: the Old Town Synagogue, the Temple and the Vilker Shul.

This latter shul contained a magnificent library and beis medresh.

It was the largest place for Torah learning in the city. There was a time when study in the beis medresh proceeded uninterrupted for 24 hours a day. In a mystical sense, as long as people learnt Torah, the world would keep spinning. The last appearance of this shul was in a German propaganda film. The famous chazan Winograd in the forced ‘service’ takes the Torah out the Aron and states in Hebrew “Hayom yom shlishi”. So that anyone who might one day see this film would know that the Jews were forced to hold this davening, for no one ever leined on a Tuesday. This was a small, but significant form of spiritual resistance. In the second half of 1940, the Vilker shul was destroyed along with its sefarim and sifrei Torah

Warsaw: Jewish population: 394,000 (one third of the population) also felt the enormity of the tragedy. Erev Rosh Hashanah 5701 (1940): “Near the main synagogue some side room is chosen with windows facing the courtyard, and their hearts are poured out to the God of Israel in whispered supplications. This time it is without cantors and without choirs, there are only whispered prayers, but the prayer comes from the heart; even tears may be wept secretly, and the gates of tears cannot be locked…”

Warsaw became the iconic representation of Jewish resistance, physical and spiritual.

Emanuel Ringleblum started the project to record all information on the fate of the Jews: “I began to collect material on current events in October 1939.”

The project was known as ‘Oneg Shabbat’ and contained over 20,000 pages. Then the material was buried in milk churns.

The majority of the ‘Oneg Shabbat Archives’ survived the war.

Ringleblum did not. During the Warsaw Ghetto Uprising, when captured, he chose not to escape: “I prefer to go the way of kiddush Hashem” Heroism and resistance takes many forms. statement:

The Rabbinic

“When everyone acts inhuman, what should a man do...He should act more human.”

So much of Polish –Jewish history is drenched in the theology of dying al kiddush Hashem.

In the Warsaw Ghetto uprising, the expression al kiddush Hashem was redefined.

Death was an inevitability, but not an option.

Rabbi Isaac Nissenbaum taught that there must now be a new emphasis: Kiddush ha-Hayyim ("Sanctification of Life"). In ancient and medieval times when the enemy wanted to shatter the Jews’ religious commitment, the appropriate mode of resistance was to surrender one's life. But what the Nazis wanted to destroy was the Jews’ body, their physical existence. Therefore, he taught, the highest form of resistance was to hold on to life.

Rabbi Menachem Ziemba declared. “sanctification of the Divine Name” must manifest itself in resistance to the enemy.

“In the present…we are faced by an arch foe, whose unparalleled ruthlessness and total annihilation purposes know no bounds.

Halachah demands that we fight and resist to the very end with unequalled determination and valour for the sake of Sanctification of the Divine Name.”

Polish Jewry is no more. Chachmei Lublin is silent.

Graveyards make the most noise.

But the legacy of what there once was must live on in us.

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PARSHAH HISTORY

Polish Jewry [part 6]

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'‫ נ"א ג‬- ‫ ישעי מ"ט י"ד‬:‫הפטרה‬ '‫ ד‬:‫פרקי אבות‬

The Test of Manna From Heaven

Rabbi Chananya Silverman

Director of Operations at JLE (Jewish Learning Exchange) A while back the National Lottery made 100 people

next day. One had to collect a double portion on Friday. And so

from the UK millionaires. Did you buy a ticket? Did

forth. This was the test. Would Klal Yisrael observe the laws of

you win? What would it be like to have £1 million?

the manna scrupulously?

Think of the holidays, the new car, even the new

This test is also mentioned in Parashas Eikev, "The One Who feeds you manna in the desert...in order to test you."

house (although with house prices today you wouldn’t get much for your money). What would you say if you won this week? Baruch HaShem. What a brachah!

Sforno explains that the test is to see if the Jews would still follow the Torah when they do not have to worry about their livelihood.

Yes, there is a great test in "bread raining down from

But generally everyone knows that life is a test. We

Shamayim." Affluence without effort is a dangerous thing.

struggle to make a living, to raise our children, to build up our

It comes with a great amount of leisure time and freedom of

communities. Nothing comes easy, and our test is to deal with

action. What do we do with that leisure time and that freedom

the hardships and frustrations in the best way possible.

of action? Do we use our wealth to satisfy our desire for more

But what if our livelihood were served up to us on a silver platter? How wonderful that would be! No more worries about how to pay for the children's school fees or to fix the car. What if everything we needed came to us like manna from heaven?

Would we consider this a test? Hardly. We would consider it a brachah.

pleasure and worldly possessions or to see how we can help those who are less fortunate than ourselves? This is the great test of the manna. We are all aware of the test of poverty. We are all aware of the trials and tribulations of being poor. However, says Sforno, affluence also comes with great temptations. It puts a tremendous responsibility on a person. This is the test of the manna, and it is the test for many Jews in these affluent

According to Rabbi Frand, the Torah seems to say otherwise.

As soon as Klal Yisrael left Egypt they started to complain (Shemos 16:3), "If only we had died by the hand of G-d in the land of Egypt when we were sitting beside the meat pots, when we ate our fill of bread; now you have brought us out into the desert to let the entire congregation starve to death."

times.

The Chovos Halevavos writes in Shaar Habitachon that one of the reasons people, unlike birds and animals, must make a great effort to earn their livelihood is to control the yetzer hara.

If we had too much time on our hands, we would be unable to resist the temptations that it puts before us. As it is, we are

"Behold, I will rain down bread from the heavens on you," Hashem replied (ibid. 16:4). "The people shall go out to collect

either too busy or too tired most of the time. And even then it is a struggle to resist temptation.

their daily portion every day, in order to test whether or not they

The Maggid of Mezritch once said that when people face

will follow My Torah." The commentators wonder what kind of

troubles, sickness or mortal danger, Heaven forbid, they all

test this is. What could be better than having everything you

become religious. They all come to shul. They pray fervently.

need delivered to your doorstep every day? This is a test? This

They say Tehillim with tears streaming down their cheeks.

is a blessing!

They give charity generously. But when things are going well,

Rashi explains that Hashem was referring to the laws that govern the manna. One could not store away any manna for the

when they are going wonderfully, do they give much thought to the Al-mighty? This is the test of the manna.

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08 August ’15 ‫כ"ג אב תשע”ה‬

Dayan Y Y Lichtenstein 13

Rosh Beis Din, Federation

Holiday FAQs [part 2] When staying in a rented self-catering cottage or flat or a non-kosher hotel, or even in a self-owned property far from any established Jewish community, many shailos can arise.

7. My cottage / hotel room does not allow the lighting of candles indoors – what do I do for candlelighting on Shabbos?

The Ask the Federation team, comprising Dayan Lichtenstein and Dayan Elzas of the Federation Beis Din, along with Rabbi Dovid Tugendhaft, Rabbi Yaakov Hamer, Rabbi Yonasan Roodyn and Rabbi Eliezer Zobin, have put together these frequently asked questions.

If there is no option to use candles in any part of the building then you should switch on a regular filament light and have in mind the intention to fulfil the mitzvah of Hadlakas Neiros with that. There are differing views regarding whether the brocha should be made, so ideally consult your own Rav on this – but the default position would be that no brocha is made.

Please note that the responses are intended to be a guideline and wherever possible one should consult one’s own Rav.

PART 2: THE KITCHEN CONTINUED AND SHABBOS 1. The property owners have left jars of coffee and sugar, bottles of oil etc for cooking. These are all kosher-certified or approved but have been started by the previous residents and presumably used with non-kosher cutlery, crockery, in non-kosher food products. Can I use these items or do I need to start new jars/bottles?

You should not use these items but should rather bring your own along.

2. They have also left a welcome bowl of fruit out – no idea if any of it might be from Israel and this a shemitta question.

Can I eat it?

Yes in this situation you can assume the fruit does not originate from Eretz Yisrael and need not have any concerns about shemitta etc.

3. Is it possible to kasher the barbecue in the cottage garden?

It is very difficult to kasher a barbecue from treif, therefore you should rather take along disposable barbecues and use the property's barbecue as a safe place to rest it.

4. How do I know what time to bring Shabbos in and out?

The simplest way is to enter the postcode of the place you are staying into a website such as myzmanim.com. Remember to write down the time of motsei Shabbos on a piece of paper so you can access it during Shabbos!

5. There is no minyan nearby and I’ll be davening b’yechidus on Shabbos – can I bring in Shabbos early as I do at home if I want to?

Yes you may bring in Shabbos at any time after Plag Hamincha.

8. The cottage has an automatic censor light in the front / back garden that is activated at dusk and goes on whenever someone walks past it – if I can’t figure out how to disable it, does that mean I can’t leave the house after dark on Friday evening / Shabbos evening?

This is a debated point but there is room to allow going out as long as you don’t actually need or specifically intend to benefit from the light.

9. The property has a cleaning service which comes in every Saturday. Are the cleaners allowed to vacuum and do other melacha seeing as I haven’t asked them to come and they are really doing this work for the property owners and not for me (but I will of course benefit from the service)?

Even though you will indirectly benefit from the service it is permitted and you do not have to be concerned about this.

10. I’m staying in non-kosher hotel. If a non-Jewish guest is using the lift on Shabbos and pressing all the buttons etc without me asking, would I be able to use the lift with him?

No this would not be permitted.

11. What do I do if I come up against issues when I’m on holiday that have not been answered in this guide?

Ask The Federation! Our service remains active over the summer – simply text your question to 07860 017 641 for a response within four working hours. Please give as much detail as possible, which will ensure a speedier response to your question.

CHECKLIST OF ITEMS THAT MAY BE USEFUL TO TAKE ON HOLIDAY WITH YOU: •

Sticking tape, to prevent the light in the refrigerator door switching on automatically when opened

•

Plug in time-switches

6. How do I know how far I can walk on Shabbos?

•

The calculations of techum Shabbos are very complex – you need to check with your Rav so they can work out the necessary measurements for you.

Chicken wire or the grate from a disposable barbecue to avoid needing to kasher a gas hob

•

Foil or oven-safe bags for double wrapping in the oven or microwave

T H I S PA G E I S K I N D LY S P O N S O R E D B Y T H E F E D E R AT I O N

DO YOU HAVE A QUESTION? ASK THE federation

SHAILATEXT 07860 017 641

FEDERATION

Summer Holiday Guide

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Rabbi Jonathan Tawil

14

Director of TAL (Torah Action Life) Bertrand Russell (the British philosopher and mathematician who was a leading proponent of atheism in the early 20th century) once was asked what he would respond if after he were to meet G-d after he died, and He judges him for his lack of belief.

Russell responded that he would ask G-d, “Why did You not provide sufficient evidence of Your existence?”

the heritage that was snatched from them, is known as the Father of Contemporary Russian Jewry. A native of Kazan, Russia, Rav Zilber was born just before the Russian Revolution in 1917. His revered father discreetly taught him Torah and he not only completed Shas several times during his years in Russia, but also taught Torah to many others. During World War II, he was imprisoned in Stalin’s gulag where he managed to remain Shomer Shabbat despite the inhumane conditions.

He later had to flee from the KGB, which wanted to arrest him for his Torah activities in Russia. In 1972, he emigrated to Israel. As he walked off the airplane on his arrival in Israel, he embraced the custom agent.

Hashem might respond, “Why didn’t you exercise your common sense and look beyond the surface of the world to see the overwhelming evidence of My existence and of My Holy Torah?”

“Chavivi! My dear one!” shouted Rabbi Zilber as he gave the man a bear-hug embrace. “It is so wonderful to be here and talk to a Jew like a Jew!”

How could it be possible for such an orderly world to come into existence?

“Please tell me,” pleaded Rabbi Zilber with an intensity that seemed to announce a question whose answer would solve all the problems facing Jews for the millennia. “For years I am struggling with this problem. Please tell me, how did you understand the K’tzot HaChoshen on the sugya of sreiv?” (The K’tzot HaChoshen is a classical commentary on the Shulchan Aruch Choshen Mishpat, Code of Jewish Law.)

The oxygen levels in the air are exact, the beautifying scenery, the flowing sea, the lush fields, Man’s intellect. All these are gifts from our Creator.

Belief in Hashem is one step, but the next step is to ask, “What is it that Hashem desires from us?”

In this week’s parshah Moshe asks this very question.

The problem is that Moshe presents the petition as if it were a simple feat. He says: “And now Israel, what does G-d want of you? Only that you fear G-d, your Lord,” (Deuteronomy 10:12). He makes it sound as though the fear of G-d is only a minor matter.

The man offered a polite smile and a pleasant “Shalom. “

“Ma zeh K’tzot HaChoshen?” (What is a K’tzot HaChoshen)? came the reply.

Rav Zilber was puzzled. He tried another query. “Maybe you can explain how you understood the mishnah in (tractate) Uktzin in the last chapter?”

“Mishnah? Uktzin? K’tzot? What are you talking about?”

The Gemara Brachos asks: “Is the fear of G-d such a small thing?” The Gemara relates how Rabbi Chanina said in the name of Rabbi Shimon ben Yocha'i: “The Holy One, blessed be He, has in His treasury nothing except a stockpile of the fear of heaven, as it says, ‘The fear of G-d is His treasure’ (Isaiah 33: 6). Obviously if fear of G-d is so cherished by the Almighty, it must be very difficult to attain.”

Rav Zilber, recalling the difficulties he had trying to teach and study Torah in Russia was mortified. In honest shock, he asked the man. “How is this possible? You mean to tell me that you live here in Israel and have the ability to learn Torah.

And you don’t know what the K'tzot is? You never heard of Mishnah Uktzin?”

The Gemara answers: “True! For it was Moshe who said this verse and for Moshe fear of G-d was a small thing. Rabbi Chanina compared it to a person who is asked for a big article, and he has it. Since he has it, then it seems like a small article to him.”

They say that the customs agent was so moved by Rabbi Zilber’s simple sincerity, that he began to study Torah.

So we know that for Moshe it was simple, but just because it was easy for Moshe, who says it is easy for us? Why then does Moshe imply to the people that fear of G-d is simple.

Surely he is relating the Torah to us, and for him it might be a ‘walkover’, but for us it is not?

Rav Yitzchak Zilber, founder of Toldot Yeshurun, an organization that re-educates estranged Russian Jews about

PARSHAH

To Fear G-d!

Rav Zilber began to cry.

Perhaps the Gemara is telling us the simple truth. It was important for an entire nation to see the man for whom fear of Heaven was considered the simplest and most rudimentary aspect of life. To Moshe, fear of Heaven was natural. As a leader, he had the imperative to impress the nation with his sincerity. To us simple Jews, it is important to see someone whose Jewish observance is as simple and graceful as if it is second nature. To us it may be a struggle, but it is imperative that the benchmark of our goals is someone for whom this comes naturally.

SS PP O ON N SS O O RR EE D D

‫לעלוי נשמת‬

‫חנה בת אלעזר ע"ה‬

??? QUIZ TIME Answers can be found on page 51, inside back cover

1. In Parshas Ekev the shivas maminim, the seven species for which Eretz Yisrael is praised, are detailed. Why does the word “eretz” separate the first five species from the last two?

Headed by Rabbi Yehoshua Frickers

This week: R’ T Chesner 15

Kollel Halocho Berura is an evening chabura of Baale Battim in Golders Green, learning ‫ הלכה‬from the ‫ מקורות‬to ‫למעשה‬. We are ‫ בס”ד‬currently finishing ‫הל’ בשר וחלב‬ and thank Oneg Shabbos for this opportunity to share what we are learning with you.

HALACHAH PARSHAH KASHRUS

‫כולל הלכה ברורה‬

The Misplaced Spoon A situation that often occurs in a kitchen is: you open the meaty cutlery drawer and find a milky spoon mixed in with the meaty spoons. We don’t know how the spoon got there but maybe it was washed up with the meaty spoons. In light of this, can the spoon be used or does it require kashering? Does it make a difference where the spoon was found – in the drawer, on the draining board or in the meaty sink?

Before answering, let’s address a more fundamental question namely, what is the halachah if meaty and milky dishes were washed up together?

The Mechaber1 states that washing up meaty and milky dishes in the same sink at the same time is not a problem, as long as both sets of dishes were clean (i.e. free from milk or meat food residue), although this should not be done l’chat’chilah2. The Rema, however, states that we take on to assur the dishes even if they are clean, unless one set was eino ben yomo (not used for milk/meat in the past 24 hours). There are, however, three situations under which the dishes would remain muttar: 1. If one set of dishes was eino ben yomo, then both dishes are muttar, even if there is food residue on the other, ben yomo, set3 2. If the two sets of dishes were washed up one after the other, but not simultaneously 3. If the washing up was done in a klei sheini, not a klei rishon4 These halachos are the basis for those who have only one sink at home to use a rack or insert. Without such a separation between the dishes and the sink, one could end up in a situation where milky and meaty keilim are being washed together. If, say, one washes up dirty porridge bowls in the morning and hot5 water is poured directly on to the porridge residue lying in the sink, this would make the sink milky. If later that day meaty dishes were washed up in this ‘milky’ sink, the dishes could be assur.

If, however, one is using a rack or insert6, the water being poured into the sink never comes into contact with both ‘dishes’ at the same time. Once the water has landed in the sink, it is no 1 ‎‫ג׳ סימן צ״ה סעיף דעה יורה‬ 2 ‫ש״ך‏ סע״ק ט׳‬ 3 See ‫ ש״ך‬who addresses situation where there is residue is on the eino ben yomo dish 4 Although we generally hold like the ‫ך & ט״ז‬ ‫ ש״ ‏‬that a klei sheini can absorb taste, here it does not have the power to both extract and imbue taste at the same time (‫)פרי מגדים‬.

5 Irui klei rishon which is yad soledes bo. Whether hot water from the tap is considered irui klei rishon is subject to dispute and may depend on the boiler system one has installed. However, residue of hot porridge poured directly into the sink from the pot in which it was cooked would be irui klei rishon.

6 Whether a rack is sufficient or an insert is required is a dispute between ‫ משה אגרות‬in ‫ מב׳ סימן ב׳ חלק‬and ‫ יצחק מנחת‬in ‫ק׳ סימן א׳ חלק‬

longer considered irui klei rishon, but a klei sheini. Any subsequent splashes back up onto the dishes will therefore not cause those dishes to become assur.

Note, in all cases, if the volume of water was 60 times the volume of the dishes7 then bedieved the dishes would not be assur.

We can now come back to our original question: if meaty and milky dishes were washed up simultaneously in a sink, in the absence of one of the aforementioned exceptions or other mitigating factor, they would be assur. Finding a milky spoon in the meaty drawer or sink, however, does not automatically mean that it was washed up together with meaty dishes. Indeed, the Rema says that we do not need to suspect this occurred and the spoons would remain muttar. The Taz explains that this is based on a safek s’feka: perhaps the two sets of spoons were never washed up together at all, and even if they were, perhaps one set was eino ben yomo (e.g. the milky spoon was only used that day for parve) which would mean both remain muttar.

Where the spoon was found in the meaty cutlery drawer we might not even need to rely on this safek s’feka. The Yad Yehuda8 says that where the milky spoon was found outside the sink we do not need to suspect it was ever in the sink together with the meaty cutlery to begin with; we assume they only became mixed in the place they were found. Perhaps a child or the cleaner mistakenly placed them in the wrong drawer. The status of the dishes being used within 24 hours or not is therefore irrelevant.

Only where you find the milky dish in the meaty sink itself do you need to worry that it may have been placed there earlier together with meaty dishes – and in that situation we utilise the safek s’feka of the Taz. In fact, the Yad Yehuda takes this further – even if we know or assume9 that all the cutlery was used for milk/meat within 24 hours, any washing up which may have taken place might still have been performed in a manner which would not render the cutlery assur, (for example the water was not yad soledes bo, the taste was nullified by adding washing up liquid, there was 60 times the volume of food, etc).

In summary therefore one type of cutlery or dishes found in the opposite drawer, draining board or even sink will usually not requiring kashering. For a practical p’sak, always contact your Rav. 7 Only needs to be 60 times one set. (According to the mechaber there only needs to be 60 times as much water as the food residue.)

8 See also ‫גר״א‬, 9 ‫א׳ סע״ק ש״ך עיין‬

We will soon be beginning Taaruvos and would welcome anyone wishing to join our Chabura.

It takes place an hour every evening, in between 7:30 – 9pm in Yeshivas Eitz Chaim, 83 Bridge Lane.

Maare Mekomos are provided with a shiur once a week by R’ Yehoshua Frickers.

Please call Shloime Aisenthal on 07970973759

??? QUIZ TIME Answers can be found on page 51, inside back cover

2. What are the halachic differences between the shivas haminim and other fruits?

‫פתוח תפתח‬

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HALACHAH CHARITY

Easy Givin g – ‫את ידך‬

A Practical Guide to the Halachos of Communal Obligations, Mitzvas Tzedakah and Ma’aser Kesafim

In Section A, we clarified the obligation to support the essential communal infrastructure and its precedence over mitzvas tzedakah. In Section B, we focus on the mitzvah of tzedakah and we started with the key sources, its rewards and its exclusive purpose to financially support aniyim/poor people. We then clarified who is obligated to give tzedakah, who is considered an ani, how you must provide for the full needs of an ani where possible and the four levels of tzedakah donations. This was followed by details of the prohibitions related to tzedakah and the obligation not to ignore the requests of an ani. The next chapter dealt with the priorities, precedence and allocation calculations in the distribution of your tzedakah funds.

Section B – Tzedakah Chapter 4 - Precedence F. DETERMINING AN INDIVIDUAL’S SHARE. 1. As we saw above Chapter 1:D.5 you are not solely responsible to satisfy the entire requirements of an ani, but rather you share this responsibility with the rest of your community. It is logical to assume, that similarly, your personal obligation towards each priority level can be shared with everybody else who is likewise obligated for this cause. For example, your obligation towards your family can be shared with other family members, and your obligations towards the local community can be shared with other members of the community.

2. Furthermore, in regard to relevant laws, such as those governing communal obligations, the financial obligations shared by a group of people are generally applied proportionally to the relative wealth of the individual members of the group, see Section A Chapter 2:A.2. Instead of a fixed donation per person, it is appropriate that a wealthier person donates more, in proportion to their wealth.

3. We therefore recommend that when approached by an ani or an institution, you should determine the annual budget requirements of this particular cause. Your portion would then be the budgeted amount, divided by the number of other relevant donors who share this responsibility, adjusted according to your relative wealth.

G. SOME PRACTICAL EXAMPLES OF HOW TO DETERMINE YOUR SHARE. 1. If your brother’s family requires £30,000 per annum and there are in total three siblings who can afford to donate, then each should pay £10,000 in tzedakah. However, if one of the brothers is only able to afford a maximum of £5,000, then the others should make up the difference.

2. If an ani requires £10,000 for a wedding, and there are one hundred families in your community who are able to donate, then each family’s individual responsibility is £100, adjusted by relative wealth.

3. If all the aniyim in the community require a total of £250,000 for a communal welfare fund, and there are 250 people in the

community who can afford to donate, then the personal obligation for each family would be £1,000 adjusted for relative wealth.

4. In North West London, there are a number of kollelim, including Golders Green Kollel (Hager’s), Netzach Yisroel, Hendon Kollel and Kollel Beis Aharon (Egdware) which have a total combined annual budget of approximately £1,100,000 (as of 2013). a. Following the pro rata method described in Section B 2:D, each family in North West London should donate three percent of their ma’aser kesafim budget to the community kollelim. b. Note: Given that currently, only a minority of NorthWest London people donate to the kollelim, it is therefore recommended to give significantly more than this amount, whilst the kollelim build up a larger donor base across the community.

H. RULES OF PRIORITY FOR YERUSHALAYIM AND OTHER LOCATIONS. 1. It is not practically feasible to determine the needs of aniyim and institutions from distant communities. For example, you do not have a real way of knowing all the needs of those aniyim living in Yerushalayim. Neither can you have any idea of the pool of potential donors for those aniyim, and thus there is no way for you to calculate your fair share. Consequently, we suggest that regarding these priorities you should follow the minority opinion which states that the higher priority should simply receive more than the lower priority.

2. For example, when considering how much to donate to an individual ani from Eretz Yisrael for example, you should take into account his family size, children’s weddings, illness etc., all of which are usually on a Vaad Hatzdokoh certificate, and give him more than you would give an ani in less straitened circumstances.

3. Another example: An ani from Yerushalayim should receive a little more than an equivalent ani from elsewhere in Eretz Yisrael, who should in turn receive more than an ani from the rest of the world.

To Be Continued ....

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HALACHAH CHARITY

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‫פתוח תפתח‬

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Easy Givin g – ‫את ידך‬

tzedakah

‫פתח את ידך‬ ‫פתוח ת‬

tzedakah

EasyGiving –

Excerpts from the sefer Easy Giving / ‫( פתח תפתח את ידך‬which includes extensive notes and comprehensive halachic sources), authored by Eli Katz and Emanuel Meyer and available from sefarim shops in NW London.

11/04/201

4 16:18

Section C - Ma’aser Kesafim Chapter 1 - The Background and Laws of Ma’aser Kesafim – the second tithe, the mitzvah being to take

SOURCES. 1. Ma’aser kesafim means literally the money tithe, whereby

an additional ten percent of his produce to

you separate between ten and 20 percent of your net

Yerushalayim and eat it there with his family.

earnings to charitable or deserving causes. It is closely

In some years, instead of ma’aser sheni, he

connected to the mitzvah of tzedakah, but differs in a

would have to give ma’aser ani – the poor tithe,

number of key areas, see paragraph B.

which produce he had to distribute to aniyim. ii. These obligations were extended beyond the

2. There are two primary sources for ma’aser kesafim:

produce of your fields to your general income

a. Tzedakah.

from business. Thus the basis for ma’aser

i. At its most basic a person is only required to

kesafim is to donate ten percent of your income

give one-third of a Biblical shekel to tzedakah,

to aniyim which corresponds to ma’aser ani,

see Section B 1:E.1.d. The only other clear

and a further ten percent of your income to

obligation is dei machsoro – to give an ani all

support aniyim who are studying Torah (and

that which he requires, which as explained in

possibly to use also for other mitzvos), which

Section B 1:D.6 applies very rarely. ii. Ma’aser kesafim therefore provides clear guidance to ensure that you always give a meaningful sum to tzedakah. The standard amount to separate is ten percent of your income, representing the ‘standard level’ of

corresponds to ma’aser rishon (and sheni).

3. There are a number of other sources as well, including the Gemara which expounds the passuk which tells of the vow that Ya’akov Avinu made to Hashem: “and whatever You shall give me, I will tithe and tithe for

tzedakah (see Section B 1:E.1.b). Someone

you”. (Bereshis 28:22). The doubling of the word ‘tithe’

who can afford to give ten percent but gives

indicates a total of two tenths, or one fifth.

less, is considered mean-spirited.

4. The Chofetz Chaim, amongst many others, provides an

iii. Someone who gives 20 percent of his

additional reason for calculating and separating exactly

annual income is performing a mitzvah min

ten percent, no more and no less, or twice ten percent

hamuvchar – a choice mitzvah. See Section B

to get to the 20 percent; for this calculation is based on

1:E where these categories have been explored

a sod veyesod - a secret and a foundation, and thereby

in more detail.

you sustain 1,540 spiritual worlds.

5. If you wish to donate more than ten or 20 percent, first

b. Ma’aser Rishon, Sheini and Ani. i. Once a year, every Jewish person had to

separate the precise amount as just described in order

separate from the produce that he grew

to fulfil ma’aser kesafim, and then, for instance, transfer

ma’aser rishon – the first tithe, in which ten

this amount to your charity company. You can then add

percent of his produce went to the Levi’im, as

any additional amounts, as a fulfilment of the general

they were all aniyim who devoted their lives to

mitzvah of tzedakah.

Torah. He also had to separate ma’aser sheni

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To Be Continued ....

Rabbi Avi Wiesenfeld

Rosh Kollel, Yerushalayim and Rav at Kav Halachah Beis Horaah

18

Travelling & Vacation [Part 2]

TRAVELING HALACHAH HALACHOS

The Weekly Halachic Conversation

Follow my VIDEO SHIURIM

Frequently asked questions…

torahanytime.com ÂÂ Some poskim do not allow one to walk outside with his

DAVENING

jacket over his shoulders,10 others allow it.11

Q. Is it permitted to daven sitting down?

ÂÂ A watch may only be worn outdoors if one would wear it

A. If it is not possible to daven standing up, or one will not be able to concentrate whilst standing, it is permitted to daven even shemonei esrei sitting down (one should stand in order to bow).1 One’s feet should be together, and one should sit straight, not leaning on the back of the chair.2

ÂÂ Crocs may be worn outdoors, since as it is not normal to walk around barefoot, we are not concerned he will remove them.

Q. Is it permitted to sunbathe on Shabbos?

Q. Is it a problem to daven, say brachos, or learn in front of improperly dressed women?

A. It is forbidden to recite a brachah or learn if one is able to see a part of a woman which is normally covered over. This is true even if he is not actually looking at her, but she simply can be seen from where he is.3 Q. What should be done if one is in this situation?

A. Ideally, one should turn around and face in the opposite direction to the woman (turning one’s head is not sufficient),4 however, if this is not practical, e.g. in an airplane, bus etc., or it will cause embarrassment, one may simply close his eyes whilst saying the brachah or tefillah.5 Additionally, one may daven/learn and cover his eyes with his sefer.6 Q. What if the immodestly dressed women are far away?

A. If they can be seen, it is still a problem.7 Q. Can one daven in an open field?

A. One should avoid davening in an open field or in an outdoor park, unless the area is enclosed with a wall, a fence, or bushes.8

SHABBOS Q. What must one be aware of when staying in a place where there is no eiruv?

ÂÂ One may not wear sunglasses outside, as we are

concerned he may take them off and carry them, similarly, clip-ons may not be work outdoors.9

.‫ אג"מ או"ח ח"ד סי' כ‬,‫שו"ע סי' צד ס"ד‬ .‫בא"ה סי' צה ס"ק ג ומ"ב שם ס"ק ב‬ .‫ וע"ע בגמק ברכות כד‬.‫יג‬-‫" דברים כג‬...‫והיה מחנך קדוש‬...‫ולא יראה בך ערות דבר‬..." .‫ מ"ב ס"ק כט‬,‫ גר"ז ס"א‬,‫שיטת הרמב"ם‬ ‫ וכשהוא פחות מטפח מגולה או שער אשה‬.‫ וע"ע בחזו"א או"ח סי' טז ס"ק יא‬."‫מ"ב שם "אם א"א בענין אחר‬ .‫ מ"ב וחזו"א שם‬.‫כיון דזה רק מדרבנן ןדאי מהני בזה עצימצ עינים‬ .‫ ב‬,‫ כיון דעביד כדי להתיר להתפלל הר"ז כמו לצרכה‬.‫ א‬,)‫ואי"ז מיקרי משתמש בספר (עי' מ"ב סי' קנד ס"ק לא‬ .‫אם הוא עכשיו לומד או התפלל התוך הספר ורק חוצץ בו לא חשיב משתמש כלל‬ .‫מ"ב ס"ק טז‬ .‫שו"ע סי' צ ומ"ב שם ס"ק יא‬ .‫ הגרש"ז זצ"ל בשש"כ פי"ח סי"ח‬,‫ שו"ת הר צבי או"ח סי' קעג‬.‫מ"ב סי' שא ס"ק מד‬

even if it was broken.12

1 2 3 4 5 6 7 8 9

A. Although some poskim are machmir,13 most poskim allow it.14 According to all opinions, one may simply sit outside in the sun (eg reading/learning) even if one may acquire a tan at the same time. Although sunbathing may be halachically permitted, one should be aware that many suggest that it may not be in the spirit of Shabbos. Certainly if one changes into ‘sunbathing’ clothing for the afternoon!

ÂÂ Sun-cream that is in liquid form (runs down one’s hand

when applied) may be applied and rubbed in on Shabbos.

TZAR BAALEI CHAYIM – HURTING ANIMALS During the summer, one can encounter more insects than during the year. Many poskim hold that there is no prohibition against killing insects or flies that are bothersome to a person.

•

One may put on insect repellent spray on Shabbos.

•

A trap for mice, bees or wasps may not be set up on Shabbos.

Children often come into closer contact with animals on holiday than they do the rest of the year. One should ensure that one’s children do not cause animals any pain or distress.

Someone once saw Rav Shraga Feivel Mendlowitz looking out of the window. “What is the Rav looking at outside?” the person asked. Rav Shraga Feivel replied, “I wasn’t looking outside, I was looking inside, into the wonders of Hashem’s world.” The entire world, with all its wisdom and beauty, proclaims that there is a Creator. When we accustom ourselves to think in this manner, we will live in this world like someone living in the palace, who is reminded wherever he goes and whatever he sees, of the King. We must internalize this when we are on holiday. Wherever we are, we have the opportunity to make a Kiddush Hashem, by watching our actions and sanctifying Hashem’s name wherever we go.

.‫ אג"מ‬1 0 .‫ חזו"א‬1 1 .‫ עי' שש"כ פי"ח סכ"ז‬,‫ דאז נחשב לתכשיט‬12 .‫ב‬-‫ מנחת יצחק ח"ה סי' לב‬,‫ שו"ת חלקת יעקב סי' קנב‬1 3 ,‫ הגר"ע יוסף זצ"ל בילק"י‬,‫ הגרנ"ק שליט"א הובא בת"ה צובע עמ' קעה‬,‫ שש"כ פי"ח הע' ע‬,‫ שו"ת חשב האפוד‬1 4 .‫שו"ת נשמ"ש ח"ה סי' רטו‬

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3. Which terrible middah, character trait, are we warned about in our parshah?

Rabbi Michoel Jablinowitz 19

Rosh Yeshiva Ateret Yerushalayim

PIRKEI PARSHAH AVOS

MiYemini Michoel

Pirkei Avos Chapter 5, Mishnah 25 Yehuda ben Taima says, “Hevay az k'namer - be bold like a leopard, V'kal k'nesher - light like an eagle, Ratz k'tzvi - run like a deer, V'gibor k'ari - and strong like a lion, La'asos ratzon Avicha she'baShamayim - do the will of your Father in Heaven. Hu hayah omer,’ Az panim l'Gehinnom v'boshes panim l'Gan Eden’ - He would say, ‘the bold-faced ones go to Gehinnom and the shamefaced (self-effacing) go to Gan Eden.’”

This mishnah seems to be contradictory. First we are told that one of the requirements necessary to be successful in performing mitzvos is to be bold and aggressive, az k'namer, be bold like a leopard. And then towards the conclusion of the mishnah we are told that those who are bold-faced go to Gehinnom. If being bold is a positive trait, why does a bold person go straight to Gehinnom?

The Gemara in Beitzah 25b states that Bnei Yisrael received the Torah mipnei she'hein azin, because they are a bold and brazen people. The Gemara continues by explaining that since the Torah is referred to as "Eish Das", a fiery religion, it is appropriate for it to be given to a fiery and bold people. Here the trait of being bold and brazen seems to be praised. Though, as Rashi explains, the fieriness of the Torah is meant to offset the brazenness of the Jew. Without this trait we would not have been able to receive the Torah.

The second mishnah in the first chapter of Pirkei Avos teaches us in the name of Shimon HaTzadik that the world stands on three pillars: Torah, Avodah, V'Gemilus Chasadim - Torah, serving G-d and doing acts of kindness.

The Maharal explains about this mishnah that man has three fundamental relationships in this world: his relationship with Hashem, his relationship with other people and his relationship with himself. His relationship with G-d is expressed through the mitzvah of avodah, serving G-d in the Beis Hamikdash, or today through tefillah, through prayer. His relationship with others is exemplified

by his gemilus chasadim, doing acts of kindness to others without compensation. And his relationship with himself means that a person grows and develops himself through Torah and performing mitzvos in general. This is the essence of man, and since each person is a world unto himself, ultimately the entire world rests on each person's development in these three areas.

When our mishnah urges us to be bold like a leopard, it is in the context of Torah and mitzvos. In order to be successful in Torah, one has to be bold and brazen. The Chasid Ya'avetz on the mishnah teaches that the first step in doing mitzvos is clarifying the goal and the idea of what one wants to accomplish. Only afterwards must one run and have the strength to accomplish and complete the task. But the first step is the az k'namer, thinking boldly about what he wants to accomplish. And this is why the Gemara in Beitzah describes us as a bold and brazen people. Since the context of the Gemara is regarding Bnei Yisrael receiving the Torah, when it comes to the Torah we need to be bold and brazen in order to study and keep it.

As the mishnah earlier in Avos teaches, “Eiyn habayshan lamed - the one who is shy is not able to learn.”

But when it comes to our interpersonal relationships, gemilus chasadim, and davening before Hashem, then brazenness is a negative trait. Then Yehuda ben Taimah teaches, “Az panim l'Gehinnom v'boshes panim l'Gan Eden.”

Those who are arrogant towards others and show arrogance instead of subservience in prayer go to Gehinnom. When it comes to interacting with others and doing service before Hashem, we must have the trait of boshes panim.

This trait expresses the ability to get embarrassed. When a Jew behaves incorrectly, he is not arrogant, but instead he is embarrassed. He understands his inadequacies before others and particularly before Hashem. But when it comes to accomplishing in Torah, one's attitude needs to be the sky is the limit. I can accomplish whatever I put my mind to. This is the first step required to be successful in Torah and mitzvos, and this is the meaning of Yehuda ben Taimah's statement “Hevay az k'namer - be bold like a leopard.”

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THE ONEG YOMIM NOROIM EDITION

4. How many times did Moshe go up the mountain for 40 days and why?

Rabbi Dov Ber Cowen JLE

20

Even though we are in the midst of the summer holidays and Sefer Devarim, I would like to consider a question from the beginning of Sefer Bereishis. We see that the snake, after tempting Chava and ultimately Adam to eat from the fruit of the Tree of Knowledge, is given a curse:

have everything I need, except for one thing, I don’t have a relationship with my father and that’s all I want.”

Cut to this week’s parshah and the description of Eretz Yisrael’s bounty: “For the Land to which you come to possess is not like the land Egypt that you left, where you would plant your seed and water it on foot like a vegetable garden. But the Land to which you cross over to possess it is a Land of hills and valleys; from the rain of heaven will it drink water” ( Devarim

“Because you have done this, accursed are you beyond all the cattle and beyond all the beasts of the field, upon your belly shall you go and dust shall you eat all the day of your life.” (Bereishis 3:14)

11:10-11) Unlike Egypt where the flat lush Nile delta is irrigated by the overflowing river, Israel’s topography of hills and valleys is irrigated from one source only – the rain from

Going on the belly might be a bit uncomfortable, but

heaven. And anybody who has spent time in Israel will

now that dust is the snake’s food it seems a bit strange

know that this rain is not always guaranteed and its

that this is part of the curse. Dust is all abundant. Dust is

absence is a continual concern, especially after a few dry

everywhere. This means that the snake’s “curse” is that it

winter months. Surely we would prefer to be blessed with

will never have to venture far to find its daily sustenance.

a Land whose agricultural success is assured?

Surely this sounds more like a blessing than a curse!

The answer lies in understanding the snake’s curse.

This brings to mind a story that I heard a few years ago

Having his dusty food readily available means that the

from Rabbi Zev Leff Rav of Moshav Mattisyahu in central

snake never ever needs to look up to his Creator and

Israel. Rav Leff started his rabbinical career in Miami.

ask for sustenance. If you take a look around the world

As Rabbi of the main Shul he was approached by a local

there are many nations with abundant natural resources;

teacher who was concerned about one of her teenage

rivers, lakes, oilfields and goldmines. Why did Hashem

pupils who seemed to be depressed. Rav Leff met the pupil

choose a Land for His people that lacks the natural wealth

and discovered that his father, whom he was close to, had

of almost all her neighbours? We see that the answer is

recently found a new girlfriend. One day, his father had

in the response of Rav Zev Leff’s teenager. Yes; he had

come home with some big news. He had decided to move

everything he needed. However, he intrinsically knew

out of the home they shared together and move in with

that there was something far more precious than all the

his new girlfriend to start a new life with her, a life which

material wealth and security – and that was a relationship

would now not include a sustainable relationship with

with his father.

his son. He handed him the keys to the apartment and

So too, we see that Hashem has given us a Land that

told him that the whole place now belonged to him. And

comes with the greatest benefit of all. It is a Land that calls

not only that, he was also given a credit card to keep the

for something far greater than oil, diamonds or an abundant

fridge full and to ensure he was never out of pocket. And

river. It is a land that yields a constant and dynamic

finally, before leaving, his father dropped into his hand the

relationship with our Creator. The rain is contingent on

keys to a brand new car so that he could go wherever he

our adherence to Torah. Any physical bounty is a reflection

wanted, whenever he wished. Rav Leff wryly commented

of our spiritual behaviour. It is Land that ensures that a

to the boy that this was every 17-year-old’s dream; his own

line of communication is always open. And that is more

home, car and unlimited credit card! “Yes,” he replied, “I

precious than anything.

PARSHAH

Eretz Yisrael - The REAL Estate

Rabbi Mashiach Kelaty 21

Rabbi at Stanmore Sephardi Congreagation, and Torahanytime.com ‫ּוׁש ַמ ְר ֶּתם וַ ֲע ִׂש ֶיתם‬ ְ ‫וְ ָהיָ ה ֵע ֶקב ִּת ְׁש ְמעּון ֵאת ַה ִּמ ְׁש ָּפ ִטים ָה ֵאּלֶ ה‬ ‫ֹלהיָך לְ ָך ֶאת ַה ְּב ִרית וְ ֶאת ַה ֶח ֶסד ֲא ֶׁשר נִ ְׁש ַּבע‬ ֶ ‫א ָֹתם וְ ָׁש ַמר יְ הֹוָ ה ֱא‬ ‫לַ ֲאב ֶֹתיָך‬: And it will be, because you will heed these ordinances and keep them and perform them, that the Lord, your G-d, will keep for you the covenant and the kindness that He swore to your forefathers.

The heel is the lowest part of the body. It is the point of contact between us and the ground. Rashi tells us that this refers to the mitzvot which people trample underfoot. If we keep these mitzvot (which most people disregard) then we will merit, “The covenant and the kindness which He swore to your forefathers.”

What is an example of something small that people don't even notice? The Gemara in Berachot (6b) reveals that there is a situation where one can be guilty of stealing from an evyon (destitute person). Imagine! The hapless fellow in the cardboard box or the man in the tube station. What can he possibly have that has any value? The answer is chilling in its very simplicity: By not returning his greeting. If you ignore him when he says hello, you have robbed him of something more valuable than money or possessions.

You have robbed him of his dignity.

In my line of work – I'm a photographer/videographer – (contact me if you are even contemplating getting engaged) – I get to go to a lot of semachot, and stand under a lot of chuppas, and dance around a lot of chatanim. I once had a thought when I watched one chatan stamp on the glass. After repeated, failed attempts, he was urged, “use your heel”, which did the trick. I thought to myself, maybe this is a lesson for marriage. At the time that the bride and groom are standing together watching Rebbes and Uncles and Zaides making sheva brachot for them, the young couples' minds are full of important things. Moving in together. Mortgage. Shana Rishonah. The utopian idea of “this is the greatest day of my life, so far.” Perhaps stamping on the glass with the heel is meant to hint to the chatan that he must never lose sight of the little things. Flowers for your wife when she doesn’t expect it. A cup of tea at any time of day. A 'thank you' note. Walking together with your wife, instead of ahead of her. Opening the door for her. Another 'thank you' note. Etc, etc.

It's the little things that tend to get trampled underfoot that may merit big things in the future.

Rav Elya Lopian zt”l, once came to collect from a big philanthropist, whose generosity was legendary. Any Rabbi

PARSHAH

Little Things

who came Follow my to his house VIDEO SHIURIM left with a fat donation. The odd thing was, the fellow was not observant in the slightest. Rav Elya urged him to reveal his story, and this is what he said:

torahanytime.com

“I came from a very religious family. I, however, was not interested in learning. My parents sent me to the great yeshivah in Radin. I was farhered (tested) by one of the Rabbis there, and I failed miserably. I was not accepted, and I was not bothered in the slightest. I had tried my best, and I was now free to go. I asked them if they were able to put me up in the dormitories for the night before I went home, and I was told that this was not possible, as they were strictly for the bachurim. Where was I to go?

“I ended up at the home of the saintly Chafetz Chaim, who was already elderly at that time. He concurred with the decision of the yeshivah, but then he said to me, “That doesn't mean that you can't stay in my house”. He gave me a meal, and he then offered me his bed. I shudder to think where he must have slept, because I think that was the only bed in the house.

“I didn't sleep that night, as I was so cold. I heard the Chafetz Chaim outside my door saying “Oy vey! That poor boy must be freezing!” He entered my room. I pretended to be asleep and he took off his coat and gently placed it over me.

“I have never forgotten that act of lovingkindness that the Chafetz Chaim did for me that night. And when I later made my money, I pledged to always support the Rabbis.”

Little things that become big things.

About 80 years ago in Israel, there was a young boy who would continuously turn up to his Gemara class in yeshivah and promptly fall asleep. His Rebbe gave him repeated warnings, until his patience wore out, and he called the boy’s father to come and collect his son, as he was being expelled.

As the father was walking down the corridor with his son, he passed by the Kabbalist Rabbi Ephraim Cohen, who asked him what was going on. When the father explained, Rabbi Cohen went back to the principal of the yeshivah and said, “The boy must remain here. You can expel me, but not him.” It later turned out that the reason the boy was falling asleep was because he was secretly sneaking out in the middle of the night to learn gemara with his chavruta. He was eventually re-admitted to the yeshivah, where he was put in an older class. He mind was suitably challenged, he flourished, and became the famous Hacham Ovadia Yosef, zt”l.

Yes – even little people – can become big people.

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Rabbi Joseph Dweck Senior Rabbi of the Spanish and Portuguese Jews' Congregation

22

“To be really great in little things, to be truly noble and heroic in the insipid details of everyday life, is a virtue so rare as to be worthy of canonization.”

— Harriet Beecher Stowe1 The name of our parshah, Ekev, is the word for ‘heel’ in

is the greatest and most important achievement. The

Hebrew. According to some commentators2 it is abstracted

obedience G-d asks for is not that of a trained animal for

in the first line of this week’s parshah to mean ‘resulting

its master, but of the faithfulness of the human heart that

in’ or ‘as a consequence of’. However, there are other, less

emerges from adoration. Ekev teaches us to treat with care,

abstract words in the Hebrew language that mean the

and to be mindful of, the little things that might get caught

same, which is why the midrash sees a deeper meaning in

under our heels. Ekev inspires us to show care by giving

the use of Ekev. The midrash suggests that Ekev indicates

the gift of our attention.

careful, heartfelt attention at every step:

For many of us, sacrificing our lives atop the altar for

G-d gave Israel 613 mitzvot, some lightweight and some

a cause is less challenging than getting off the altar and

heavyweight. Because some are lightweight, people tend

living every day fully and faithfully. To do this with G-d

to ignore them, trampling them beneath their heels… —

we must practise it in our human relationships. It is in our

Midrash Tanhuma3

daily interactions that, with work and effort, we learn to

The heel, according to the midrash, signifies the

be faithful, loving, sensitive and empathetic. Traits such

lightweight mitzvot and other elements of life that,

as these thrive in a heart that is without callouses4 and is

because they are light, small or minor are tread upon as

exposed to feeling even the delicate and minor elements of

we make our way towards heavier, greater and more major

life that touch it.

objectives. Ekev’s point is that while it is easier for us to

The sensitive heart teaches the heel to act in kind when

focus on grand ideas and big goals, it is when we focus

walking through life. When we learn to watch our step and

on little things that love is felt most, because they are easy

protect the little things that are dear, we understand that

to miss and paying attention to them shows genuine care.

it is in our everyday experiences and interactions that we

The quiet, small gestures — a touch, a smile, a listening

find our greatest treasures.

ear, a kind word of encouragement, a small gift on the way home from work because you were thinking of him, or an affectionate text in the middle of the day so she knows she is on your mind — have the potential to turn a life around and profoundly impact relationships.

In Ekev Moshe imparts to us that to do great things for G-d is relatively easy, but to care about the small things

[1]

American abolitionist and author of Uncle Tom’s Cabin.

[2]

Ramban, 7:12; Ba’al haTurim, 7:12; Rabenu Bahye,7:12.

[3]

Ekev, 1

[4]

“You shall circumcise the foreskins of your hearts” (10:16)

You can now access previous articles and audio lectures

by Rabbi Dweck at his blog. For more details please visit http://seniorrabbi.sandp.org/

PARSHAH

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‫ ראש חודש אלול‬,‫פרשת ראה‬

‫מוצש’’ק‬

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Sources of Inspiration

Joel Kahn

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Sefer Devarim is also known as Mishneh Torah, a

parshas Re’eh also warns us to avoid the wrong sort of influence

review of the preceding four books of chumash.

and inspiration.

However, not everything from earlier in the Torah

Bnei Yisrael are told not to follow in the ways of the Kena’anim,

is repeated, and some new concepts are introduced

whose land they are taking. They should not listen to a false

in sefer Devarim as well. Clearly, sefer Devarim

prophet, nor to a meisis who tries to lead them astray from serving Hashem. They are also told to destroy an ir hanidachas, an entire

is trying to teach us certain lessons in the way

city which turns to idolatry, potentially acting as a bad influence

it selects which mitzvos to discuss, and how it

on the rest of the nation.

presents them.

Even the laws of kashrus presented in the parshah can be

Looking at the various mitzvos contained in parshas Re’eh, we

understood along similar lines. Spiritually, we are told that

can try to understand a key message being given over to Bnei

forbidden foods are metamtem es halev, influencing us in a harmful

Yisrael as they prepare to live as a nation in Eretz Yisrael.

way and preventing us from developing our true potential. And on

A phrase that is repeated many times in the parshah (and

a more practical level, keeping kosher restricts our interaction with

indeed in later parshiyos in sefer Devarim as well) is ‘hamakom

non-Jews, preventing a certain degree of socialising and limiting

asher yivchar Hashem’, the place that Hashem will choose, i.e.

the influence the surrounding culture has on us.

Yerushalayim and the Beis Hamikdash. The centrality of the Beis

In parshas Re’eh we are told to gravitate to the positive inspiration

Hamikdash in the lives of Bnei Yisrael appears to be an important

of the Beis Hamikdash, and shun the negative influences of those

theme of the parshah, as we will see.

who would hold us back from growing in our avodas Hashem.

The mitzvos presented in Re’eh set up a system to ensure that members of Klal Yisrael visit the Beis Hamikdash many times throughout the year. Seeing the glory of the building, the Kohanim and Levi’im performing their duties, and the many miracles associated with the Beis Hamikdash, will influence and inspire the people in their avodas Hashem.

For a start there is an issur to bring korbanos anywhere outside the Beis Hamikdash. All korbanos must be brought to Yerushalayim.

Although permission is given to eat non-korban meat outside of Yerushalayim, potentially limiting the number of times people will visit, the end of the parshah gives a whole list of other times when

During these weeks of shiva denechemta, as we are still engaged in digesting the loss of the Beis Hamikdash which we mourned on Tishah b’Av, we can reflect on this aspect of the Churban. We no longer have an obvious focal point from which to draw inspiration in our daily lives.

On the other hand, we can be comforted that although we currently do not have a mikdash in space, we still do have a mikdash in time. Of course we have Shabbos each week, but in addition, on Rosh Chodesh Elul, we realise that we also have the mikdash of the cycle of the year.

As we approach the season of the Yamim Nora’im, followed by

one must come to Yerushalayim.

Ma’aser sheni (the second tithe of the farmer’s produce) can

Sukkos and the other Yamim Tovim discussed in Re’eh, we realise

only be eaten in Yerushalayim. Bechor (the firstborn animal) must

that we do have something for all of Klal Yisrael to focus on. If

be taken to the Beis Hamikdash as a korban. And three times a year,

we make the most of these special days, we will be able to draw

everyone is expected to be oleh laregel, to go up to Yerushalayim,

inspiration from them for the rest of the year.

on Pesach, Shavuos and Sukkos.

May we be zocheh to an inspiring Elul and Tishrei, and to the

We have seen that Bnei Yisrael are given many opportunities to be inspired by coming to the Beis Hamikdash. At the same time,

speedy rebuilding of the Beis Hamikdash to act once more as a source of inspiration for us all.

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PARSHAH

15 August ’15 ‫ל' אב תשע”ה‬

Rabbi Aryeh Lichtman

Gesher Aish HaTorah

24

There is a fascinating halachah in

ourselves from avodah zarah (idol worship) – a

this week’s parshah whose message

fundamental evil. The prohibition here is not for

can open our eyes to a fundamental

an action, it is merely for the attempt to bring

principle. Jewish Law has a very direct set of rules and guidelines that must be followed before a Beis Din

someone to serve avodah zarah. Even if neither the meisis nor the person he was trying to convince ever serve the avodah zarah, the meisis is liable for the transgression and is put to death.

can punish the offender. In order to

It is brought in the name of Rav Simcha Zissel

find someone liable of a particular

of Kelm of blessed memory (Rabbi Simcha Zissel

offense, that person must be warned

Ziv Broida, 1824–1898) that we can learn from

of the exact aveirah (transgression)

this how important it is, and how praiseworthy

in front of two qualified witnesses

it is, to try and bring someone closer to Judaism

before the act, and then decide to do it

and Hashem. The meisis didn’t succeed, but

anyway. If any detail is missing, the person cannot be found guilty in our courts.

nevertheless the Torah makes these unique exceptions, and commands us not to have compassion on him, nor to cover over his sin. We know that a middah tovah – a positive

There is an unusual exception detailed in our

trait – is 500 times greater than a negative one

parshah. The prohibition of meisis – inciting

(Yoma 76a). As such it is impossible to imagine

someone to move away from Judaism and

or quantify how great just the attempt to bring

towards idol worship – has many leniencies in

someone closer is. We do not have to succeed,

the technical set up towards being found guilty.

just to try. As the meisis did in his evil way, we

A meisis can be found guilty, and put to death,

can do in an infinitely better way.

even without hasra’ah (warning); we are even

An interesting idea comes from this concept.

allowed to hide witnesses to be used against a

We are taught that anyone who saves one life,

meisis in the court, or go so far as to suggest

it is as if he saved an entire world (Sanhedrin

that he gather more people to bring along so that

Chapter 4, Mishnah 5). We can see the parallel

there will be ample witnesses to testify against

between the reward here and the punishment for

him (entrapment in modern day terms).

the meisis.

The Sefer HaChinuch (Mitzvah 462) explains that this is to show how important it is to distance

How remarkable that we can we earn 500 worlds of reward just for trying!

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PARSHAH

The Power Of Trying

Re’eh To The Rescue

Rabbi Yaakov Hamer 25

Finchley Federation Synagogue For many of us, Rosh Chodesh Elul

mind-set that a person should walk around with.

has a slightly scary connotation. Rosh

This is the level of responsibility that a Jew should

Hashanah is coming and we need to get

have.

Rav Chaim Kanievsky Shlita often tells Rabbonim

moving! There are so many things we

who are going to visit America and Europe that

need to work on, so much to do. Where should we start? How will we ensure that this year is better than last year? Sounds familiar?

this is the most important message you need to communicate to the people out there! Let them know that their actions matter. Let them realise that they have the ability to create a level of protection to their

Parshas Re’eh to the rescue! The sedra opens up with the famous passuk, ‫ראה אנכי נותן לפניכם היום ברכה‬

‫‘ – וקללה‬See (be aware) that I am placing in front of

brothers and sisters in Eretz Yisroel.

When Yonah, the prophet, was out at sea and the ship was about to capsize, he did not attribute

you, today, a blessing and a curse.’ There is much

the calamity to all the idolaters on board but rather

to say about this passuk. Let me share with you two

himself, ‫ – בשלי הסער הגדול הזה עליכם‬it is all because

very important ideas, both of which are very relevant

of me that the great storm is troubling you.

Noach is referred to by the Sages as ‫– מקטני אמונה‬

to the month of Elul.

The that

commentaries

the

passuk

take

opens

note

up

in

of the

fact

literally this means someone whose faith was small.

singular,

Rebbi Levi Yitzchok of Berditchov explains that it

the

‫ – ראה‬see, and continues in the plural, ‫– לפניכם‬ in front of you. The Chasam Sofer explains that the Torah is alluding to the level of responsibility that

means to say that he didn’t believe in himself! He didn’t believe that his tefillos could bring people to teshuva.

each and every person should have in their lives.

Most people walk around with the feeling that

The Gemara (Kiddushin 40b) teaches that a person

their actions are meaningless and are of little

should always view themselves and the entire world

consequence. Of all times of the year, Elul is perhaps

as if there is a delicate 50/50 balance of mitzvos and

the most important time to take ourselves seriously

aveiros. The person has the ability and ultimately the

and realise the far reaching effects of our actions.

responsibility to tip the scales to the good or to the

Another lesson to extract from this passuk is in the

bad. The Rambam (Teshuva 3:4) rules accordingly.

word, ‫ – היום‬today. This concept that each and every

The Chasam Sofer explains the passuk as follows:

one of us has the power to affect real change in the

‫ – ראה‬See unto yourself to always to declare to the whole world, ‫ – אנכי נותן לפניכם היום‬I am, today, placing before you, the entire world with my actions….‫ברכה‬ ‫ – וקללה‬either a blessing or a curse. My actions matter

world is something which we constantly need to be

and my actions make a real difference! This is the

to change the world!

aware of. It should not be limited to an Elul, Yamim Noraim or special times in our lives. It is a constant awareness that every day, today, we have the power

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26

HALACHAH KASHRUS

‫כולל הלכה ברורה‬

Meat - does it always make you fleishig?

QUESTION Yankel is sitting at dinner and whilst everyone is enjoying their chicken soup he is dreaming about the milky ice cream sitting in his freezer. In order to ‘remain parev’ he decides to stick to the salads and dips in the centre of the table.

Going back to the Shach - the pot being dirty could mean one of two things: • •

Either the amount of dirt left in the pot is insignificant (i.e. the parev food is 60 times the volume of the meat) or It is significant (i.e. it is not have 60 times the volume).

This is the issue where the poskim differ in opinions:

All of a sudden he realizes that the person sitting next him has been dipping his dirty soup spoon into the dips. Does he now have to forfeit his ice cream?

a. The Pischei Tshuva5 holds that one does not have to wait even if the amount is significant (as when there is 60 times it would even be permitted to eat it together b’di’eved, thus the statement of the Remo would be unnecessary).

ANSWER In order to resolve this she’eilah we will first have to consider various related halachos mentioned in the Shulchan Aruch. We have learned in previous issues1 that a parev food cooked in a meaty pot may not le’chat’chilah be eaten together with milk.

It is important to note that this only applies to dirt leftover in the pot that wasn’t cleaned properly. However, if sauce or fat was poured onto a parev food, to give it taste, of course one would need to wait the appropriate time, since the whole purpose of the sauce or fat is to give it the meaty taste .6 An example of this is chicken soup poured over rice.

Does this mean that one becomes meaty by eating this parev food and must now wait the required amount of time before having milk?

Accordingly, even if the amount of soup left behind in the dip is significant, the intention is not to give the dip flavour, and therefore he should be able to enjoy the milky ice cream.

BACKGROUND The Remo2 - according to the most obvious interpretation at least states clearly that in this scenario one does not have to wait.

b. The late Satmar Rebbe, the Divrei Yoel7 zt”l, amongst various explanations, writes that the Remo is discussing an insignificant amount of fat, which generally is strong in taste and therefore even an insignificant amount could be tasted.

Otherwise one would have to wait just like after eating a meaty dish.

The Shach however3 in his interpretation of this Remo derives a ruling which generates great debate amongst the poskim and which will help to resolve our she’eilah.

He asks the following question on the Remo:

In this case one is not allowed to eat it together with milk.

However it is not necessary to wait, since the taste of the insignificant amount of fat is weak.

As previously mentioned, parev food cooked in a meaty pot cannot le’chat’chilah be eaten together with milk. However, if one has already mixed the parev food with a milky product, b’di’eved (after the fact) this mixture can be eaten.

Accordingly, surely one who already ate parev food that was cooked in a meaty pot, would have a status of a b’di’eved and is not rendered meaty. Consequently it is unnecessary for the Remo to state this halachah4?

The Shach answers that the Remo is referring to a case where the pot was dirty with meaty residue and even so he does not require one to wait. (Obviously one is not permitted to eat that food together with milk, even b’di’eved).

Rabbi Akiva Eiger disagrees entirely with the Shach’s interpretation of the Remo. His opinion is that the Remo was discussing a spicy parev food (davar charif) such as vinegar, which one would not be allowed to eat together with milk - even b’di’eved - if cooked even in a clean meaty pot, since the spiciness draws the meaty flavour in the vinegar. Nevertheless, it does not have the status of meat to necessitate waiting before eating milk.

1 Oneg Shabbos Parshas Tetzave by Shloime Aisenthal 2 Y”D 89:3 3 89:19 4 Pshat of Beis Meir see Pri Megadim for alternative explanation.

Accordingly, if the dip was significantly larger than the dirt on the spoon, you would not be meaty even if you could taste the chicken soup (Subject to the dirt spreading evenly in the dip, otherwise we would consider the dirt locally significant).

CONCLUSION We see from the Shach the concept that something which is considered meaty to the extent of not being able to eat it with milk does not necessarily make a person fleishig. This is true in scenarios where the meat is not b’ein - ie. It is not recognisable, rather it is mixed in another food.

Provided the following: •

Either the small amount of meat is not desired, like dirt from the spoon in the dip (Pischei Tshuva), or

•

The amount of dirt is insignificant, even if it can be tasted (Divrei Yoel).

Yankel may well be able to enjoy his milky ice cream!

5 89:7 6 Yad Yehuda 89:5 7 Shut Y”D 48 as heard from Rabbi Shimon Winegarten, shlita

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1. When else in the year do we read Parshas Re’eh?

Rabbi Sam Millunchick 27

Spanish and Portuguese Jews' Congregation Kollel Amongst theologians and practicing members of religion, indeed, amongst all those who believe in G-d, there exists a problem which is so fundamental that it reaches to the core of Humanity’s struggle to understand the world.

If God is good and just, why does evil exist in the world?

Theodicy, as the attempt at rationalising the existence of evil with an omnibenevolent G-d is known, is a practice in which nearly every major religious thinker has engaged. Yet, over three millennia after the revelation at Sinai, Moses’ cry still echoes loud and clear, “If you are pleased with me, teach me your ways so I may know you and continue to find favour with you.” (Exodus 33:13) Opposite to this claim of G-d’s omnibenevolence stands another, equally fundamental belief — Humanity’s free will.

“Pay attention! I place before you today a blessing and a curse.”

Moses instructs the Jewish people in the plains of Moav, “The blessing, that you will heed the commandments of the Lord your G-d, which I command you today; and the curse, if you will not heed the commandments of the Lord your G-d, but turn away from the way I command you this day, to follow other gods, which you did not know.” (Deuteronomy 11:26-28) For Maimonides, the Torah’s very existence would be for naught if man did not have free will.

This concept is a fundamental principle and a pillar of the Torah and its commandments… For were G-d to decree that a person be righteous or wicked, or if there were to exist something in the very essence of a person’s nature which would compel him toward a specific path, a specific conviction, a specific character trait or a specific deed…how could G-d command us through the prophets “do this” and “do not do this”…? What place would the entire Torah have? And by what measure of justice would G-d punish the wicked and reward the righteous…? (Mishneh Torah, Laws of Repentance 5:1–3) We are left at an impasse, faced with the same problem that has plagued theologians since time immemorial. Who is in control? Us or G-d?

Rabbi JB Soloveitchik, z”l, famously known as “the Rav”, writes in Kol Dodi Dofek, Evil is an undeniable fact. There is evil, there is suffering, there are hellish torments in this world… Evil, which can

PARSHAH

It’s All in the Approach

neither be explained nor comprehended, does exist. Only if man could grasp the world as a whole would he be able to gain a perspective on the essential nature of evil. However, as long as man’s apprehension is limited and distorted, as long as he perceives only isolated fragments of the cosmic drama and the mighty epic of history, he remains unable to penetrate into the secret lair of suffering and evil. (Soloveitchik, Fate and Destiny, 4–6).

What remains then, from our position in the crowd, is to exercise our free will, to act in the best way possible in each situation. Rabbi Aharon Lichtenstein, z”l, writes on the idea of trusting in G-d even in the darkest of times: Obviously, this approach … does not attempt to scatter the clouds of misfortune … try to raise expectations or strive to whitewash a dark future. It does not claim that, “It will work out for the best,” either individually or nationally. On the contrary, it expresses a steadfast commitment – even if the outcome will be bad, we will remain reliant and connected to G-d. We will remain faithful until the end and shall not exchange out trust in G-d for the dependence on man. This approach does not claim that G-d will remain at our side; rather it asks us to remain at His side.

Naturally this approach is much less popular than its counterpart. A demand is always less marketable than a promise. For one who makes an honest assessment, though, this approach also functions as a source of solace and strength.

In truth, this approach presents not just a demand but also a message. Being disconnected from G-d constitutes the greatest tragedy that can befall a person. When the Torah states, “To Him you shall cleave” (Devarim 13:5), it simultaneously expresses a demand as well as an opportunity. Similarly, the psalmist’s call, “Israel, trust in G-d” (Tehillim 115:9), constitutes both a demand and an opportunity. (Lichtenstein, By His Light, 143–144).

This, then, is emunah — not faith, but faithfulness. Quite often we find that despite our best efforts to the contrary, life can take unexpected turns. Tragedy strikes and we are left to pick up the pieces. What is clear — eminently, existentially, overwhelmingly — is that we are not in control of our own lives.

Perhaps it is in those times more than any other, those times when life has pressed its proverbial thumb down on our plans, that we must exercise our free will, as Rabbi Lichtenstein, z”l, writes above; for man’s sole dominion on this Earth lies in his choice of response to circumstances beyond control. Perhaps it is in those times that we must choose blessing, even if it is hard to see.

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2. Why does the Torah not name the exact location of the Beis Hamikdash but calls it as “the place that I will choose”?

Rabbi Daniel Kada

28

Rabbi of Shar Hashamayim, Wembley Spanish & Portuguese Jews' Congregation Elul is the time of the year when our children come home from school with all sorts of pictures of scales depicting the upcoming judgement of the High Holy Days. The one whose upright deeds outweigh his wicked deeds supposedly merits emerging from the judgement with a verdict for a sweet and happy new year and conversely, one whose wicked deeds outweigh his upright deeds is destined for a challenging year ahead.

how much they weigh to us. How important to us is our religion. Our mitzvot. Our good deeds and actions.

The Hebrew words for value and casualness consist of the same letters – kuf, reish and yud. Something precious and valuable is referred to as ‘yekar’ (yud, kuf, reish) whereas something coincidental and spontaneous is referred to as ‘keri’ (kuf, reish, yud). It is possible for two Jews to be doing the same actions; for one it is an action of ‘yekar’ and preciousness and for the other it is an action of ‘keri’ and fortuity.

We are sometimes guilty of living ideals without idealism - we perform many good acts but our appreciation and significance of these acts are lacking. Rabbi Yosef Babad

Unfortunately, we often to tend to grow in age and build

of Ternopil, Ukraine (1800-1874) in his classical Minchas

(and white hairs) but not in intellectual capacity. Conceptions

Chinuch (364:1) even ventures to say that the classification

and notions which we were taught so well in our youth

of ‘tzaddik’ and ‘rasha’ is not dependent on the respective

accompany us year in year out, and we fail to ‘outgrow’ them.

mitzvot and aveirot one has. He proves this from the Talmud

One of these concepts is the picture of the scale. To go through

(Kiddushin 49b) that teaches that if a wicked man betrothes a

adulthood with this shallow idea would be a colossal mistake.

woman on the condition that he is a tzaddik, she is betrothed

Judaism teaches that each thought, speech or action of a

for perhaps he had a thought of repentance at the moment

person – whether for good or for bad - receives exact retribution.

of betrothal. Maimonides (1138-1204) however, codifies

In Devarim (10:17) G-d is described as ‘great, mighty and

that repentance without verbal confession is not classified

awesome, who shows no partiality and accepts no bribes.’

as repentance, whereas the Talmud seems to imply that a

One needs a creative imagination to conjure the vision of G-d

mere thought of repentance would suffice to classify the man

taking a bribe. How would G-d supposedly accept a bribe?

betrothing as a tzaddik. As a result, Minchas Chinuch explains

The Sifrei explains that this verse does not mean a monetary

that the title of ‘tzaddik’ of the Talmud is not dependent on the

bribe rather a spiritual bribe – a bribe of ‘mitzvot’. In the words

amount of good or bad deeds one has. It is about the value

of Ramban (Nachmanides, 1194-1270) on this verse: ‘even a

and weight one gives to his deeds. Consequently, even if the

complete and pious individual who commits a sin, G-d will

rasha did not verbally confess his sins it is still possible for

not take one of his mitzvot as a ‘bribe’ to atone for his sin;

him to be a tzaddik, for perhaps his perspective of the mitzvot

rather He will punish him for that one sin and will give him

he does have, dramatically changed to the extent that the

full reward for all his good deeds’. However many good deeds

appreciation and value of his mitzvot is that of a tzaddik.

one does will not cancel out even the slightest sin a person

Clearly, it is possible for one to have many sins and still be

commits. This idea is echoed by other commentators such

called a tzaddik, and conversely it is possible for one to have

as Me’iri (1249-1310) in his commentary to Pirkei Avot (4:29).

many mitzvot and be called a rasha. For mitzvot and aveirot

Clearly then, our childrens’ scales need an explanation!

are what one does, and being a tzaddik or a rasha are who one

What difference does it make which side of the scale is

is. This is what the judgment of these days is all about. And

heavier – either way one receives full retribution for one’s sins

this is the true meaning of the concept of the scales – what

and reward for his good deeds?

weighs more to us, our mitzvot or aveirot?

Perhaps, the true judgment of the High Holy Days is not about how many mitzvot and aveirot we have done. It is about

PARSHAH

The True Judgement Of The High Holy Days

With heartfelt blessings for a happy, healthy and sweet new year.

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PARSHAH

Share, Care & Refine

Rabbi Ben Thwaites 29

Educational Director at Forum for Jewish Leadership We are privileged to live in a time of unprecedented technological development which has created a huge shift in the way that questions of tzedakah/charity are presented. I am referring to the phenomenon of both cheap air travel allowing meshulachim/collectors to be across the world one morning and then knocking on our door that evening, alongside our ability to explore and navigate needy causes worldwide via the internet.

This raises many challenges both in terms of halachically, how to prioritise, which I will not discuss here, but perhaps on a deeper level how we grapple with the constant and relentless requests we receive for money, at home or at shul or sometimes just walking along the road. For most people, this can be a huge stress and strain as one wants to feel positive about giving but met with such an onslaught it can be challenging.

Looking to the Chumash, Re’eh contains one of the two central passages on tzedakah that we find in Torah Shebichsav, If there shall be a destitute person among you, in any of your cities…you shall not harden your heart or close your hand against the destitute . Rather you shall surely open your hand to him, and lend to him…(Devarim 15:7-8) It is worth considering this in light of the other key passage back in Vayikra, If your brother becomes impoverished and his means falter in your proximity, you shall strengthen him, proselyte or resident, so that he can live with you. I am Hashem your G-d, who took you out of the land of Egypt, to give you the land of Canaan, to be your G-d.

(Vayikra 25:35-38) There is much to say about these two pieces and their differing focus but I wish to analyse the switch in tone. Going chronologically, Vayikra calls upon us to be practical, to seek a working and supportive society. If someone in your “proximity” is struggling, if they become “impoverished”, support him so “he can live with you”. These phrases suggest an approach of forging a just society where wealth is distributed and no one will be on the streets.

The latter piece in Re’eh, however, in contrast, is pulling at our heart strings, worrying about the “destitute”, anywhere, “in any of

your cities”. We must not “harden our heart” or “close our hand”, we must be kind and merciful.

As we know, it is fundamental to Torah study that texts are to be deeply analysed and understood in light of what they teach us.

In this context, we discover two elements being emphasised and impressed upon us. First we have the justice aspect of ensuring society runs smoothly, which I think aligns more with our attitude to giving to established charities in a thought-out way.

The second approach, however, is crucially relevant to the challenge upon us today with endless requests. One might have asked, “Do we really require guidance in this sphere? Surely we would naturally be compassionate to those in need, to those struggling?” The Torah, and Hashem, however, wisely set out a mandate in this regard. Were we to see destitution rarely then yes, we probably would be taken aback, deeply affected, and compassionate. But when it is on every corner, every doorstep, every webpage, then somewhat inevitably we become thickskinned, disinterested and even cynical. This is without even taking account of what is happening in the wider community where increased secularisation parallels decreased levels of charity.

The Torah continues to share guidance across the narrative of Jewish history and whilst the arena of tzedakah has always been relevant, in certain respects, it has taken on a unique challenge.

The beauty of our faith however, is that with new challenges, come new opportunities for growth. Classic texts from the Rambam on this issue are filled with insights, two of which I suggest compliment this particular encounter.

Maimonides informs us that it is both a positive mitzvah to give tzedakah but also a transgression to ignore the begging and the poor, a “Lo Sa’aseh” (Mishneh Torah, Laws of the poor, 7:12). This is crucial to remember when we find cynicism creeping in. In addition, the well-known section on how giving numerous small amounts can be superior to giving a smaller number of large amounts (Commentary on Ethics of the Fathers, 3:15) should guide is in our endeavour to remain positive.

Ultimately, we give because we should and because it betters us, as the Rambam, and many others say, giving again and again will inculcate a trait of generosity. Whilst we face a frustrating situation of being somewhat hounded in our community, one has to step back, remember that these requests are at root, opportunities to do a mitzvah, to share, to care, to refine ourselves and we should strive towards outright glee at such a fantastic opportunity to do good in the world.

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Rabbi Joseph Dweck 30

Senior Rabbi of the Spanish and Portuguese Jews' Congregation “For I did not speak to your fathers on the day that I freed them from Egypt about offerings and sacrifices.” (Yirmiyah 7:22) There are points in Moshe’s swan song that get technical. In Parashat Re’eh Moshe details no less than 55 commandments that are to become part of Jewish life in the land of Israel. Among these is the prohibition against offering an animal that is lame, blind or ill on the altar.

Now if there be in it a defect, lame or blind, any defect for ill, you are not to slaughter it to G-d, your Lord. (15:21) At first glance, it reads like any of the many other laws that pertain to korbanot. This one, however, seems to have been a particular challenge for the people.

Curiously, 1,000 years later, we find the prophet, Malakhi, criticising the people for transgressing this very prohibition: "You present blind [animals] for slaughter [and say] ‘there is nothing bad in it’, you present lame and sickly [animals, and say] ‘there is nothing bad in it’, please, offer it to your governor! Would he respond kindly to you?

Would he pay you any mind?!" (Malakhi, 1:8)

Moshe is not describing a religious observance here.

He is describing a human relationship with the Creator, complete with love, respect, reverence and commitment - all elements we would expect to find in a genuine loving relationship. To see the charge of Moshe regarding the condition of sacrificial animals as nothing more than an imposition by G-d on humans to pay Him tribute, is to miss the point of Torah’s intention. Moshe stresses here that G-d is not interested in having people simply complete tasks in His name. The interest is in sharing, caring, and mutual investment in building a productive, viable and beautiful world together.

When religion becomes predominantly about completing tasks rather than enhancing one’s passion and dedication through mind as well as deed, the soul suffers. The act that was meant to be a means of caring interaction steadily deteriorates into nothing more than a cold, obligatory tribute. We know that in our human relationships a single, pristine rose given with a full heart to a loved one who adores flowers, is invaluably more precious than a bouquet presented out of apathetic obligation. We are meant to learn from our human relationships and relate them in the way in which we engage in our relationship with G-d.

Surely there were more serious transgressions that Malakhi might have pointed out. Why did this issue have him so concerned? It pointed to a deep breakdown in the people's relationship with G-d. Moshe knew that when acts of care are obligatory in nature, they easily self-destruct. For example, gifts on birthdays and anniversaries, a daily kiss hello and goodbye, flowers on Mothers' Day, are all institutions that are meant to show care, but all too often, they become habitually mechanical and lose the lustre they had at the beginning. Moshe spends the first three parashot of Devarim illustrating, in beautiful prose, what it means to have a relationship with G-d. He charges us to embrace this divine bond with passion. Telling us:

Thus, Malakhi completes his rebuke by suggesting that the people take the offerings with which they aim to appease G-d, and present them to the local governor.

Would the governor recognise it as a worthy gift? If one wouldn't offer it to an important human, why deem it appropriate for G-d? Moshe teaches us here that our prayers, our mitzvot, and all that we do in our Jewish lives are aimed at building a loving relationship with G-d. Religion that lacks the care of the human heart has failed G-d and humanity. Torah is not meant to discipline humanity into glorified robotics. Torah's purpose is to teach the Jewish people never to sleep in the lap of indifference.

Hold G-d, your Lord, in awe, walk in His ways and love Him…cling to Him…He is your praise, He is your G-d.

(10:12,20-21)

You can now access previous articles and audio lectures by Rabbi Dweck at his blog. For more details please visit http://seniorrabbi.sandp.org/

PARSHAH

Is it a Worthy Gift?

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Tefillin and the Battle Of Morality

Rabbi Dr Harvey Belovski

Rav, Golders Green Synagogue Our parashah and the next deal with many aspects

PARSHAH

22 August ’15 ‫ז' אלול תשע”ה‬

Rebbi Akiva says that it is literal: he is unable to withstand the rigours of war or face a drawn sword. Rebbi Yosi HaGelili says that it refers

of leadership, law and the ethics of war. To maintain soldiers’ decorum and to reinforce their moral character as they approach the battlefront, a

to someone who is frightened of sins that he has committed. (Mishnah Sotah 8:5, paraphrased) Rebbi Akiva’s approach requires little elaboration – the soldier is a

special Kohen is appointed to address them. The

coward and must return from the battlefront to avoid demoralising the

introduction to the speech the Torah requires him to

other troops. However, the Gemara explores the view of Rebbi Yosi in

deliver is inspirational:

more detail. Borrowing a passage in Menachos dealing with the laws of tefillin, the Gemara illustrates Rebbi Yosi’s view:

Listen, Israel! Today you are approaching the battle against your enemies. Do not be faint-hearted, do not be afraid, do not act precipitously,

Speaking between donning the arm-tefillin and the head-tefillin is a sin that requires one to return from the battlefront. (Sotah 44b)

and do not break ranks before them. For the Lord your G-d is travelling

It seems that an inordinately high moral threshold is required to

with you, to battle for you against your enemies to rescue you. (Devarim

qualify a soldier for the battlefront. By all accounts, speaking between

20:3-4)

donning the arm-tefillin and the head-tefillin is a minor infraction, yet

Having encouraged the soldiers to trust in G-d as they enter the battle, the officers present identify those who are not required to fight: The officers shall speak to the people and say, ‘Which man has built a new house and not dedicated it? Let him go home lest he die in the battle and another man dedicates it. And which man has planted a vineyard and has not enjoyed its first crop? Let him go home lest he die in the battle and another man enjoys it. And which man has betrothed a woman and not married her? Let him go home lest he die in the battle

even this is sufficient to disqualify a soldier. But if this is truly the level of observance required for every soldier, we can well imagine numerous desertions.

It seems more credible to explain this exemptions conceptually: rather than a strict halachic construct, it should be seem as emblematic of the level of divine awareness required to fight in the Israelite army.

This may be understood with reference to a reflective prayer commonly said before donning tefillin: The arm-tefillin, facing the heart, subjugates the desires and thoughts

and another man marries her. (ibid. 5-7) These three categories of exemptions are presented together and are straightforward. However, the officers then mention a fourth category: And the officers shall add when speaking to the people: which man is afraid or faint-hearted? Let him go home rather than cause his brother’s hearts to melt like his. (ibid. 8) A literal interpretation of the final exemption assumes that the text refers to a soldier who is terrified of the battle and who may dishearten his comrades. However, a careful reading shows that there may be more to this exemption: first, it is couched as a separate speech from the other three, indicating a different purpose; second, unlike the first three, the exemption for faint-heartedness contains no reference to dying in battle. As such, it may refer to faint-heartedness of a different nature.

to God’s service.

The head-tefillin, facing the brain, subjugates the

thoughts, senses and other faculties. (Siddur, paraphrased) Rabbi S.R. Hirsch draws these threads together: The contents of the tefillin must be comprehended by the mind and guarded by the memory. From and through the mind – as implied by the straps that are allowed to hang down over the shoulders – the ideas contained in the tefillin are to penetrate deep into the heart. The ideas which the mind has identified are to be adopted by the will, and thus to be translated into life and action. (Collected Writings III, p. 160) Speaking between donning the two tefillin-boxes breaks the metaphysical connection between them. Symbolically, this indicates one’s inability to allow the intellectual aspirations of Judaism to impact on one’s actions. This is antithetical to all aspects of Jewish life, but is especially corrosive on the battlefield. Warfare, a regrettable necessity,

These interpretative options appear as early as a Mishnah:

must reflect the highest ideals of Judaism.

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PARSHAH

The Power Of Trying

Eliav Sagal

32

The Beis - London's foremost Makom Torah for those wishing to combine serious learning with work or university study Monarchy features as a central theme in this week’s Sedra. On the brink of their entrance into Eretz Yisrael, Hashem instructs the Jewish People that at some point in the future they should appoint for themselves a king to rule them. As the pesukim in Perek 17 read: (14) When you come to the land the Lord, your G-d, is giving you, and you possess it and live therein, and you say, "I will set a king over myself, like all the nations around me," (15) You shall set a king over you, one whom the Lord, your G-d, chooses; from among your brothers, you shall set a king over yourself; you shall not appoint a foreigner over yourself, one who is not your brother.

What seems to be a very simple command is in fact a machlokes.

The mefarshim hotly debate the role of monarchy within Judaism, with opinions ranging from classifying it as an unequivocal Biblical mandate to others who deem it to be one of the Jewish People’s most devastating decisions.

At face value such debate appears to be futile. Surely the Torah clearly commands the appointment of a monarch, as set out in the pesukim above, so how could there be such machlokes? The Sifri even assures that success in conquering and settling Eretz Yisrael was directly dependant on the fulfilment of appointing a king.

Yet, a closer reading of the pesukim immediately throws into question the nature of this mitzvah, as the Torah does not use the usual terminology when introducing a commandment. The Torah simply says, ‘Som tasim alecha melech’ - that when you come to the Land and ask for a monarch, indeed “you should appoint a king over yourself.” By using this phraseology the Torah appears to be giving an advisable directive rather than a straight up command. Moreover, when the Jewish People do end up asking for a king, as the Torah foreshadows, in the times of Shmuel Ha’Navi, their request is met with a rebuke, with Shmuel sharply rebuking the people for making such a proposition. The Gemarah in Sanhedrin discusses whether Shmuel’s warning was totally factual or if he was exaggerating in order to ensure his vital message hit home The Netziv makes clear that the appointment of a monarch is unquestionably a Torah command, as clarified by Chazal already.

Nonetheless, this mitzvah is different from other mitzvos which apply equally and uniformly in all times and circumstances. Netziv explains that when it comes to building society and political leadership there are numerous options. What is ideal for one society living at a particular time is not the right thing for another society. Whereas one society desperately needs the leadership of a monarch, in whom all power and jurisdiction is concentrated, for another society this model of governance would be a disaster. Therefore, even though the Torah views monarchy to be the best system of national governance, it does not command it unequivocally. The Torah builds-in an understanding and dispensation for those Jewish societies for whom a king will

not work, allowing them to create another form of political leadership without transgressing a Torah command.

Warmest Mazel Tov to

Eliav Sag al

on his aufru

f this week.

Malbim presents another approach ‫שתזכו לבנות‬ to explain how the appointment of a ‫נאמן בישראל‬ ‫בית‬ monarch is a Torah commandment, but not one that needed to be fulfilled straight away.

Hashem had plans for the appointment of a king as per His command in the Torah; nonetheless the Jewish People’s demand for one at the time of Shmuel Ha’Navi was inappropriate, and not just because of the manner in which they requested it. Malbim explains that Hashem meant for a king to rule over His people in ordinary times, when the Jews lived a natural and mundane existence. The times of Shmuel, however, were not such times. At that point they were still living in a supernatural world, where Hashem fought their wars and provided for all their needs in an abnormal manner. Therefore the Jewish People were jumping the gun by asking for a monarch fitting for a far more mundane existence.

Rabbi Shimshon Raphael Hirsch offers another approach to the question, and one which has a powerful message about the role of a Jewish monarchy and Jewish leadership. Like the other mefarshim discussed, Rabbi Hirsch is also clear that the appointment of a monarch is a definite Torah command. There was no problem in requesting a king, however, the type of king they requested was the issue. Fundamentally mistaken in their understanding of what a Jewish king is all about, they made an error by requesting a political king. They wanted a “king like the other nations” who would serve to concentrate, centralize and efficiently exercise the power and wealth of the entire nation.

Such a king would then successfully lead them into battle and make Israel a powerhouse on the international stage, but a Torah monarch is not supposed to be that. Ideally, a king is a spiritual leader, not a political one. Their role is to unite the spiritual capacities of the people, and ensuring that the individual’s contribution to society resulted in a national achievement that is greater than its sum of parts.

Therefore, the role of leading the Jewish People into battle to conquer and settle the Land of Israel was Hashem’s remit. Only after this was fully achieved and the stage had been set to live as a people in full service of Hashem, was a human king called for in order to lead this noble endeavour. That is why the Torah does not make a precise commandment about appointing a king since it very much depended upon when the circumstances would call for it. This is also why the people were wrong to ask for a king in the times of Shmuel when the era for a Torah-styled monarch had not been reached.

The ideal king in Judaism is David HaMelech. He uniquely managed to combine the political and spiritual needs of a Jewish monarchy. Hence David HaMelech’s name became synonymous with Jewish monarchy and until this day we daven that BenDavid should come and redeem us and be our true king once again.

Even with Tishah b’Av behind us we continue to long for those times when a Jewish king will lead us once more, not in battle or in politics, but in a spiritual journey to achieve our ultimate existence

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Rabbi Zvi Portnoy 33

Loughton Federation Synagogue We know the Torah can be understood on various levels, referred to as ‘Pardes’, an acronym for Pshat Remez, Drush and Sod. There is a remarkable Remez in this week’s parsha attributed to the Arizal, which carries with it a tremendous message for us all, especially as we are now post Tisha B’av and the three weeks. The posuk towards the

Furthermore challenge the malachim, we know that there is negative commandment of ‘Oso v’es Beno’, one is forbidden to slaughter an animal and its child on the same day, and yet during the churban and at other times in our history we have been massacred, parents and children were being slaughtered together!

The malochim go further! The Torah tells us in Parshas Metzora that when the Cohen comes to inspect a house which has contracted tzara’as, leprosy, before he issues

beginning of this week’s parsha (ch16 v8) says:

the verdict, he declares that everything from the house

‫כי יפלא ממך דבר למשפת בין דם לדם בין דין לדין ובין נגע לנגע‬ ‫דברי ריבות בשעריך וקמת ועלית אל המקום אשר יבחר יהוה אלהיך בו‬.

Hayamim Beis (ch.36 v.14-16) we are told of the entire

In essence the posuk is discussing various halachic

Hamikdash, but also of the utensils from inside it! Say the

scenarios in which doubt arises and the means for

angels to Hashem, why are our enemies being allowed to

clarifying them. Rashi, the Gra and others comment on

treat us in this way, with such arrogance, totally rejecting

what these different phrases refer to specifically.

that which is written in the Torah?

must be removed lest they become tamei. Yet in Divrei

In Likkutei Arizal, R’ Chaim Vital brings the Arizal’s remez (hint) as to the deeper meaning of these phrases, which the posuk mentions. However in order to understand this remez, we need to first take a look at a midrash in Zohar Chodosh, parts of which can also be seen elsewhere.

There is a posuk in Tehillim (Chapter 119) which says as

destruction, not only of the entire structure of the Beis

How does Hashem respond? ‘Kulom Yesh Sholom Beolom’ – is there peace on earth amongst you? No!?

If there is not peace amongst you, anything written in the Torah regarding your protection is meaningless. A frightening midrash! No peace? All of Hashem’s protection is no longer guaranteed.

Says R’Chaim Vital let’s look at the Pasuk again:

follows: )‫כרו לי זדים שיחות אשר לא כתורתיך (קיט פה‬ The verse is talking about those who, bent on the destruction of Klal Yisroel, dug ditches to destroy us, seemingly undermining that which is written in the Torah.

The midrash says based on this posuk that the malachim at the time of the destruction of the Beis Hamikdosh came with a claim against Hakodosh Boruch Hu:

‫ – כי יפלא ממך דבר למשפת בין דם לדם‬our history has been one unfortunately drenched in Jewish blood.

‫ – בין דין לדין‬With us we weren’t so spared to not have children and parents killed on the same day.

‫ – ובין נגע לנגע‬with our Beis Hamikdosh unlike Tzaraas the entire structure AND vessels were destroyed.

‫ – דברי ריבות בשעריך‬What is the cause of it all this

You Hashem wrote in your Torah that there is a mitzvah

tragedy? The lack of shalom, the sinas chinam is at the

of kisui hadam, covering the blood following the slaughter

root of it all, and as long as it exists our existence is under

of an animal and yet another verse in Tehillim (ch78 v3)

threat.

‘Shofchu damam kamayim…’ tells us of the Jewish blood

‫ – וקמת ועלית אל המקום אשר יבחר יהוה אלהיך בו‬The Antidote?

spilled like water all over the streets of Jerusalem without

Achdus, Ahavas Chinam, truly loving each and every Jew…

anyone bothering to cover it. The way in which things

Coming to Yerushalayim, together as one, where all Jews

have occurred to Klal Yisroel is completely inconsistent

unite together in achdus, harmony and ahavas chinam,

with what you write in the Torah!

may that day come soon.

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Rav of Kehillat Alei Tzion In general women are exempt from positive

The Shulchan Aruch (OH 296:8) cites both the view of the Rambam and the view of the Orchot Chaim. Because

time-bound mitzvot, though there are some exceptions to this rule. The Gemara (Brachot 20b) establishes that the mitzvah of kiddush at the onset of Shabbat is one such exception.

This is because kiddush is derived from the passuk “Zachor et yom haShabbat lekadsho”

of the latter opinion the Rema writes that women should therefore not make havdalah themselves but should fulfil the mitzvah by listening to it being recited by a man. The Acharonim are perplexed by the Rema’s comments in this context since in general, Ashkenazi practice is that women may recite brachot for positive time-bound mitzvot even

(Remember the Shabbat day to sanctify it)

though they are not required to fulfil the mitzvah. The Taz

and it is compared to the mitzvah to observe

justifies the Rema’s position by suggesting that women

Shabbat by refraining from work which is

may only recite a brachah on a mitzvah which is biblically mandated for men, but if the entire mitzvah is rabbinic

derived from a “parallel” passuk “Shamor

in origin then they cannot recite a brachah. The Magen

et yom haShabbat lekadsho” (Observe the Shabbat day to sanctify it). Since women are required to refrain from work on Shabbat

Avraham suggests that women may make a brachah on a positive time-bound mitzvah if there is an action for them to perform in fulfilment of the mitzvah, but if the mitzvah is

– essentially a negative mitzvah – they are

only the brachah – as in havdalah – then they should not

also required to fulfil the positive mitzvah

recite the brachah. But the Bach contests the ruling of the

of reciting kiddush and the poskim rule that

Rema and maintains that women may recite havdalah for

both men and women have the same level of

themselves if they wish and the Mishnah Berurah endorses

obligation in this mitzvah.

this position, at least in a situation where it is not easy for a woman to hear a man recite it.

There is however some discussion about the nature of

In addition to the discussion about whether or not

women’s obligation in the mitzvah of havdalah at the end

women are obliged to recite havdalah at all, there is

of Shabbat. The Rambam (Shabbat 29:1) writes that the

further discussion about whether they are required to

mitzvot of kiddush and havdalah are both derived from the

recite the brachah over the flame. The Mishnah Berurah

same passuk of Zachor etc. and act as “bookends” defining

(Biur Halachah) suggests that this brachah might be

the sanctity of the day. Accordingly, women have a Torah

rather different to the rest of havdalah and that there are

obligation to recite havdalah just as they have a Torah

cogent grounds to suggest that it is definitely a positive

obligation to recite kiddush. The Orchot Chaim (cited by

time-bound mitzvah. Accordingly, some poskim (Shemirat

the Beit Yosef) disagrees and maintains that havdalah is

Shabbat Kehilchatah) maintain that a woman who is reciting

a rabbinic requirement. He regards it as an independent

havdalah for herself should not interrupt the sequence of

positive time-bound mitzvah, not associated with the

brachot that she is obliged to recite (at least according

mitzvah of shemirat Shabbat, and as such women are

to the first view in the Shulchan Aruch) by including the

not obliged to recite havdalah. Other Rishonim agree that

brachah on the flame and that she should say this brachah

havdalah is a rabbinic mitzvah but they maintain that it is

only after drinking from the wine. But other poskim (Rav

paralleled on the mitzvah of kiddush and as such women

Elyashiv and Rav Chaim Kanievsky) rule that she should

(like men) have a rabbinic obligation to recite havdalah.

recite this brachah in the regular manner.

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2. Is asking for a Jewish king something good or bad?

HALACHAH PARSHAH

Women and Havdalah

PARSHAH

Real Bitachon

Rabbi Daniel Fine Gesher Aish HaTorah

35

The Steipler in his commentary Birkas

of faith/trust’ referred to in the Mishnah in Sotah (48a) that these

Peretz on parshas Shoftim, comments on the

people ‘rely on Hashem to do good [for them] and do not worry

Rambam’s understanding of a prohibition for a soldier to fear the enemy on the battlefield.

He maintains that this cannot be based on the concept of

about suffering tragedy’. The implication is that these people trusted that Hashem would not allow them to suffer; a specific outcome which seems to defy the ‘I do not know what is best for me’ concept outlined by the Chazon Ish.

bitachon, that a soldier should have faith he will not be killed in

The key indication to resolve this issue seems to be the Rashba

battle. First, the Kohen himself tells soldiers who are newly married

and the Vilna Ga’on who illustrate (based on the above Gemara

to return home from the front line because ‘you might die in war’

in Brachos) that there are two levels which exist simultaneously.

(Devarim 20:5-7). Second, soldiers in a Jewish army would write

One level is effectively that of the Chazon Ish; a general reliance

(conditional[3]) divorce documents to their wives before setting

upon Hashem that whatever He does is for the best. But another

out to the front lest they go missing and cannot be convincingly

(higher) level is what Rav Dessler outlines– the ability to isolate

identified as dead, leaving their wives unable to remarry. Clearly,

and hope for a specific outcome. And Rav Dessler himself, at the

the soldiers would consider and even prepare for the possibility of

start of his piece, cites the approach of the Chazon Ish and agrees

death. One cannot simultaneously be expected to have full faith

with him, adding that “We have found sources that this is not the

that he will not die and then prepare for the eventuality of death!

full picture of what is demanded of us in this area.” Thus, there

Rather, opines the Steipler, the prohibition for a soldier to fear

is no fundamental dispute; there simply seem to be two levels

the enemy is limited to assuming that the enemy’s superiority

discussed here. But how can we resolve the two if they seem

in terms of numbers or fighting technique will win the war. A

logically inconsistent with each other – can I count on my merits

soldier who has bitachon realizes that Hashem is not bound by

to guarantee a specific outcome (Rav Dessler) or not (Chazon

numerical advantage or impressive military technology; Hashem

Ish)?

can guarantee victory to whichever side He deems worthy.

There are two parts to the answer. First, it depends on the level

In other words, bitachon does not mean delineating which

of the person; for an average person to assume that his merits are

outcome you would like. To believe that you will not die in war is

sufficiently abundant to procure a certain result is foolish at best.

not bitachon – it is being hopeful. To believe that you will receive

Yet for someone of greater stature – like Hillel – who both has

the promotion is not bitachon – it is wishful thinking. We do not

merits and has a greater understanding of what is ultimately best

know Hashem’s plan for us and do not ultimately know what is

for him in terms of fulfilling his mission in life, to ask for and trust

best for us either: we are not privy to an all-encompassing Divine

upon certain outcomes is understandable. Further, Rav Dessler

viewpoint in this world. Rav Dessler explains, “Who is to say

himself proves from a later Gemara in Brachos that the way the

that you have enough merits to deserve that specific outcome?”

mechanism of bitachon works is that “In the merit of relying

Instead, bitachon demands a general understanding that

on Hashem for a certain result you have brought yourself up to

whatever happens is for the best. Bitachon calls for a realization

a level where Hashem then ‘decides’ to award you that result.”

that Hashem has a plan and ultimately everything is for our good

For (much like asking for something in prayer) showing such a

– even though we are by nature unaware of the specifics of that

(strong) reliance upon Hashem and recognizing Him as the source

plan.

of being able to fulfil this need, can help raise you up to a level

However, in his Michtav M’Eliyahu (5:74-77) Rav Dessler

where you now ‘naturally’ deserve to receive this outcome. Thus,

brings several proofs that bitachon means one can actually hope

a genuine act of bitachon itself produces merit which allows you

for a specific outcome. He cites Rashi’s explanation of the ‘men

to rely on your merits to receive a certain outcome.

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3. We are commanded to kill the seven nations. Is there any way they can remain alive?

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Borer – Separating [part 1] During Shabbos, borer is certainly one of the most commonly encountered melachos. I once made a calculation; if a person doesn’t know the halachos of borer, he was probably mechalel Shabbos as many as 60 times during Shabbos!! And that’s just one out of 39 melachos! Therefore, I thought it worthwhile to spend a few weeks on this important area of halachah.

Borer: After the grains had been crushed to produce the dyes, food was still mixed together with pebbles and in order to separate them keeping only the food, selections had to be made.1 Accordingly, the melachah of borer is to select from amongst a mixture.

However, if there is a mixture consisting of items of exactly the same type7 [e.g., two apples, two forks] OR there is no mixture and they are simply one next to the other in an organized fashion, even though they are different types, no borer exists and one may select as one wishes.

The general rule for deciding whether items are one or two types is to consider if they differ from one another in a specific fashion. This can be split up into three categories: a. Items with different names,8 [e.g., different types of fish, chicken and turkey], b. Items with different tastes (provided the change of taste makes a difference)9, [e.g., roasted and cooked meat – salted and plain cashews]

DEFINITION Q. What exactly does borer mean?

A. Borer means to separate or select from amongst a mixture of different items; some ‘bad’ and others ‘good’, ‘wanted’ and ‘unwanted’ items.2 Q. What is the definition of ‘bad’ or ‘unwanted’?

A. Although borer applies to the separation of good and bad items, e.g., the bones from fish or shells from nuts, it also applies to two fully edible good items of food or utensils. If one of them is wanted now and the other isn’t, the item wanted now is considered to be the ‘good’ one, and the other is considered to be the ‘bad’.3

c. Different function.10 [e.g., large and small fork, Shabbos and weekday tie, different toys] If the items differ from one another in any of the above ways, they are considered two different types and they are subject to borer if in a mixture.

ÂÂ Chicken: most poskim hold that the different parts of a chicken are considered one type, and are thus not subject to borer.11 Some poskim hold theys may be considered two different types.12 If some of the pieces are boiled and other roasted, or if some of the pieces have a different flavoured sauce to the others which wouldn’t go together if mixed, they are considered to be two separate types.13

ÂÂ To select the raisins that one wants from a bowl of mixed nuts and raisins when he doesn’t want the nuts

ÂÂ To select a fork to set the table from a mixture of silverware ÂÂ To remove a piece of onion one doesn’t want from a salad.

Q. To what does the prohibition of borer apply?

ÂÂ Sweets – different coloured sweets that taste the same are all considered one type, even if they are different shapes, unless they differ from each other substantially in taste.

ÂÂ Large Spoons & Small Spoons – are considered two

A. Borer applies to both foods and non-foods.4

different types since they have different functions.

CONDITIONS WHEN BORER APPLIES In order for there to be a question of borer there must be an act of selection and two conditions must be fulfilled: 1. There must be two different types of food, utensils or clothing,5 2. They must be mixed together, rather than just near to each other.6 .‫ ורש"י שם‬:‫משנה שבת עג‬ :‫רש"י שבת עג‬ .‫תוס' שבת עד‬ .‫ מ"ב ס"ק טו‬,‫ ערוה"ש ס"ז‬,‫ גר"ז ס"ח‬,‫ חיי"א כלל טז ס"ה‬,‫ט"ז ס"ק יב‬ .‫ וכ"ה ברמב"ם ושו"ע והרמ"א סי' שיט ס"ג‬."‫כלשון הגמ' שבת עד "שני מיני אוכלין‬ .‫ שו"ע ס"ג‬,‫ וכ"ה ברמב"ם פ"ח‬."...‫ו "נתערבו לו פירות‬-‫תוספתא יז‬

I know someone explained that he became religious because of the halachos of borer. I asked him how this could be? I can understand someone becoming religious because of Shabbos or brachos; but borer?! He answered that the halachos of borer proved to him that there really is a G-d, since no human being would really care if one takes a cucumber out of a salad on Shabbos or not!

1 2 3 4 5 6

.‫ וכ"כ הרמ"א ס"ג שבמין א' אין כאן בורר כלל‬.‫ תרומת הדשן סי' נז‬7 .‫ שביתת השבת ס"ק ה‬,‫ פרמ"ג א"א ס"ק ה ויט‬,‫ תרוה"ד סי' נז‬8 .‫ מ"ב ס"ק טו דבשר צלי ומבושל מקרי ב' מינים‬.‫ פרמ"ג א"א ס"ק ה וי"ט‬9 .‫ פרמ"ג במ"ז ס"ק ב‬1 0 .‫ הגרח"ק שליט"א בעם מקדשי שביעי‬,‫ הגרנ"ק שליט"א‬,‫ הגריש"א זצ"ל‬11 .‫ הגרש"ז זצ"ל מובא בס' מאור השבת ח"ג מכתב ג‬1 2 .‫ מ"ב ס"ק טו‬13

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37

Borer – Separating

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We learned that in order to create a question of borer, there must be a) two different types, and b) they are in a form of a mixture. If the items are not in a mixture, there is no borer, and everything may be selected or sorted without any restriction. 14 Q. What is the definition of a ‘mixture’?

A. A mixture is defined as items that are close to one another and considered ‘mixed’. i.e., when looking at these items, they are considered ‘mixed’ not separate.15 This is judged exclusively according to the items, their size and how close they are to one another. It is important to note that even if the individual items are discernible, e.g., one can recognize where the nuts are and where the raisins are, it is still considered a ‘mixture’ if the items are mixed together.

•

A bowl of nuts and raisins, or peas and carrots.

•

Selection of ties, different shirts.

•

A bad grape in a bunch of good grapes.16

•

Pile of silverware [knives, forks, spoons etc.].

LARGE & SMALL ITEMS Generally large and small items lying together – even in a nonorderly manner – do not constitute a ‘mixture’. This is because since they are not in proportion with one another, they are never looked upon as mixed.

•

a piece of carrot on top of the gefilte fish may be removed,

•

a piece of fruit on top of a cake for decoration (that wasn’t cooked together with it),

•

Small icicles found on a frozen challah are not considered as ‘mixed’ with the challah and may removed or be shaken off.

Food Floating in Liquid - Large pieces of food immersed in liquid are not considered as ‘mixed’ with the liquid.21 For example, a piece of fish in sauce, a single carrot or matzah ball in the chicken soup or ice-cubes floating in a drink22 pose no problem of borer, and the liquid can even be poured from the solid regardless of whether one wants the liquid.

Q. Is a jar of pickles or olives a mixture?

BIG ITEMS Q. Is there borer when large items are close to one another?

A. Borer applies also to large items that are close to one another provided they are in a mixed and unorganized fashion.17

ÂÂ A platter of scattered chicken and meat or mixed bowl of fruit is considered a mixture,

ÂÂ Many bottles of different flavoured drinks would constitute a mixture if they were placed close to one another in a random order.

Nevertheless, sometimes even if large items are within close proximity to one another, if it doesn’t constitute a mixture, i.e., they don’t obscure each other’s view, they are not considered ‘mixed’.18

ÂÂ A selection of a small amount of different drinks in a crate [in no particular order] 19 or in the fridge door do not constitute a mixture even though they are different flavours, since each one is clearly recognisable and discernible on its own.20

A. According to some poskim, since each is clearly recognizable on its own, it isn’t considered a mixture even if there are many pickles/olives.23 Thus, according to this opinion, one may simply pour out the unwanted juice from the jar. Some poskim disagree since most people would call them as being a mixture of pickles/ olives and brine.24 A tin of corn is considered to be a mixture and the liquid may not be poured out of the tin as one would normally do once the lid has been removed.

Items Attached to One Another This is a unique type of mixture since normally the definition of a mixture is when each item loses its individuality and becomes part of a whole mixture. Here, however, we consider the actual place they are attached to be the place they are ‘mixed’. Examples are: •

A strip of fat in steak,

•

A sticker stuck to a challah,25

•

A wrapper on a candy.26

.‫ וכ"ה ברמב"ם פ"ח‬."...‫ו "נתערבו לו פירות‬-‫ תוספתא יז‬,‫ ירושלמי‬1 4 .‫ וכ"כ בפרמ"ג מ"ז סוס"ק ב‬,‫ תרוה"ד סי' נז‬15 .‫ שמעתי מהגר"ע אוירבאך שליט"א‬16 .‫ רמ"א סי' שיט ס"ג‬,‫ תרוה"ד סי' נז‬17 .‫ הגרש"ז זצ"ל במאור השבת ח"א מכתב ח אות ג‬,‫ הגריש"א זצ"ל הובא בשבת בשבת סעי' לב‬1 8 .‫ וכן הסכים עמי מו"ר הגר"ע אויערבאך שליט"א‬.‫ כנלע"ד‬19 .‫ הגריש"א זצ"ל בשבת בשבת‬20

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HALACHAH

The Weekly Halachic Conversation

Rabbi Avi Wiesenfeld Rosh Kollel, Yerushalayim and Rav at Kav Halachah Beis Horaah 38

Borer – Separating [part 3] As one can see, borer is very much governed by many intricate details. The slightest deviation from the halachah can cause one to desecrate Shabbos. There can be two people, both doing exactly the same action; one broke Shabbos, and the other didn’t. One’s intention is imperative in this halachah. I am often asked why this is so. Why do the small details really matter, or to put is as one person once asked me: “Does G-d really care?” My answer was: if you were sending an e-mail for a deadline in a very important business venture, and when typing in the address, you missed out one small dot, the e-mail will not reach its destination and the opportunity will be lost. Why? It was only a dot. The answer is, when something is important, every detail makes a difference!

THE PERMITTED METHOD Since the melachah of borer essentially was to separate items from a mixture and store them away for a different time, if three conditions are fulfilled, selecting is permitted27. This is because, when done in this way it shows that one isn’t doing it for storage purposes, but rather for eating, which is permitted on Shabbos.

If one fulfils ALL three of the following conditions, the selection is permitted: 1. Good from bad: If one selects what he wants from what he doesn’t want, i.e., the ‘good’ from ‘bad’28 2. Using one’s hand: The selection should be made with his hands, not with a specialized utensil29 3. For immediate usage: The selected item(s) must be used immediately.

However, if ANY ONE of these conditions are missing, the melachah of borer was transgressed.

CONDITION #2: WITH HAND – NOT UTENSIL: The normal and most effective method of separating is done by means of a utensil that is specialized for this purpose31; therefore, when one selects with his hands, it is an act of eating which (along with the other two conditions) is permitted.32 •

A salt shaker with grains of rice in it may be used since the holes in the lid are not designed to separate the salt from the rice, rather to evenly distribute the salt, thus not considered as using a utensil to separate.33 Some poskim are of the opinion that they should not be used.34

•

It is permitted to have a sink strainer that stops the large pieces falling down the sink and clogging it up, when pouring, for example, soup down it.35

•

One may not use the lid of a pot of soup containing many vegetables to partially cover the pot, or the lid of a tin of tuna/ corn, and pour allowing only the liquid to escape.36

•

It is not permitted to use a perforated salad spoon when serving salad with liquid, unless one is totally uninterested in leaving the liquid behind in the bowl.

CONDITION #3: FOR IMMEDIATE USAGE: Since using an item immediately is considered an act of eating, there is no actual time frame per se; rather it depends on each meal/usage. ‘Immediate’ is not limited to a specific time frame.

Instead, the length of time which it takes to prepare this item before this meal/usage is considered immediate usage and is permitted.37 For example: •

The silverware may be sorted out or selected to lay the table close to the time of eating

•

An apple may be selected from a bowl of mixed fruit to eat shortly

•

An egg may be peeled to use in a salad that will be eaten shortly

CONDITION #1: ‘GOOD’ FROM ‘BAD’: When we refer to ‘bad’ it doesn’t necessarily refer to only a bad item, e.g., a bone/pit in a fruit/piece of chicken; rather, any item within the mixture that one does not want now is considered to be the bad one in comparison to the others there.30

ÂÂ A bowl of peas and carrots – the carrots are ‘bad’ if one doesn’t like them,

ÂÂ A mixture of drinks and he only wants one type now - the remaining ones are considered the ‘bad’ one,

ÂÂ A mixture of silverware and one only needs one type now, the remaining ones are ‘bad’. ‫ שו"ע סי' שיט ס"א ומ"ב בהקדמה‬.‫ גמ' שבת עד וכדעת ר"ח רי"ף והרמבם והרא"ש שם שצריך כל ג' תנאים‬2 7 .'‫לסי‬ .‫ שו"ע שיט ס"א‬.‫ גמ' שם כדעת אביי‬28 .‫ שו"ע שם‬.‫ גמ' שם כדעת ר' יוסף‬2 9 .‫ וכ"פ הרמ"א ס"ג ומ"ב ס"ק יב‬.‫ ד"ה היו‬.‫ תוס' שבת עד‬30

It is not permitted to perform acts of borer (such as peeling eggs, setting the table if the cutlery is in a mixture) a ‘long time’ before the meal e.g. before going out to shul or to meet one’s spouse coming home from shul. Although this is a very common scenario, it is, unfortunately, an act of chillul Shabbos. .‫ גר"ז ס"א‬,‫ שו"ע סי' שיט ס"א ובהקדמה למ"ב בסי' שיט‬,‫ גמ' שבת שם‬31 .‫ שו"ע סי' שיט ס"א ומ"ב בהקדמה‬,.‫ עי' רש"י שבת עד‬32 .‫ הגריש"א זצ"ל בשבת בשבת עמ' תקמז‬3 3 .‫ שו"ת מחזה אליהו סי' נא אות ט שהוי כקנון ותמחוי‬,‫ כן החמיר הגר"א קוטלר זצ"ל והאג"מ זצ"ל‬3 4 ‫ וכ"כ הגרש"ז זצ"ל בשש"כ‬.‫ וכ"כ להקל בבה"ל ד"ה והא כיון שאין כאן שום תיקון‬,‫ כמש"כ הפרמ"ג במ"ז ס"ק י‬3 5 .‫ וכן מיקל האג"מ או"ח ח"ד סי' עד אות ד‬.‫פרק יב הע' מט‬ ‫ דהרי‬,‫ הגריש"א זצ"ל ויבלח"ט הגרנ"ק שליט"א הובא באיל משולש עמ' קי‬,‫ כ"כ האג"מ או"ח ח"ד בורר אות א‬3 6 .‫יש כעין מסננת‬ ‫ ושבט הלוי הובא‬,‫ הגריש"א זצ"ל בס' שבת בשבת עמ' תקצג‬,‫ חוט שני עמ' עז‬,‫ אג"מ או"ח ח"ד סי' עד אות יג‬3 7 .‫בס' עם מקדשי שביעי פ"ד הע' קכג‬

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Borer – Separating

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Peeling: One is permitted to permitted to peel fruit and

ÂÂ Under the Tap: Dirty fruit may be washed under the tap close to the time of eating.49

vegetables, despite the fact that one is indeed removing the bad from the good. This is because since there is no other way to get

ÂÂ If the fruit is clean, but one wishes to wash it for extra

to the food apart from by removing the peel, doing so becomes the normal method of eating. This is provided it will be eaten

hygiene, it is permitted in any case.50

38

immediately.39 •

SCATTERING A MIXTURE

It is permitted to use a knife when peeling.40 A peeler may

Q. Is there any way to remove a mixture from its status

not be used according to most poskim.41

of being a ‘mixture’ to enable one to select without any

Skin on Chicken: According to most poskim the skin of the

problem of doing borer?

chicken is considered to be one type with the chicken,42 therefore,

A. Yes. One may throw the mixture in a way that spreads apart

borer doesn’t apply and even if one doesn’t want to eat it, and

the mixture, so it no longer appears a mixture, but rather separate,

even if one doesn’t like it, it may be removed. Some poskim

distinct items.51 Once this has been done, one may select or sort

consider it to be like a ‘peel’ of a fruit, and rule that it may only

out whatever he wishes.52

be removed close to the time of eating.43 If, however, one really

Q. Is it permitted to sort out a mixture of items into their

dislikes the skin and never eats it, or it is burned in a way that

correct place, e.g., platter of different cakes/bowl of nuts

most people will not eat it, almost all opinions agree that it may

and raisins; can they be sorted out and placed into their

only be removed close to the time of eating.44

respective compartments?

Stem of Fruit: It permitted to remove the stem of a fruit, e.g., an apple or grapes provided it is done close to the time of eating.45 Q. When feeding a child or older person, may one remove any pits/bones just before they are being fed?

A. One may remove bones/seeds on behalf of a young child or older person who will not feel or know how to remove them immediately before eating.46

A. No.53

ÂÂ It is forbidden to set the table long before the meal begins (unless one is doing so to enhance the table or the appearance of the room).

ÂÂ It is forbidden to sort out a mixture of silverware into their correct compartments in the dishwasher after the meal or to replace toys that are in a mess into their correct places.

When one approaches a building site, the more dangerous the

Washing Fruit

ÂÂ In a Utensil: It is forbidden to place dirty fruit in a bowl/ container of water in order to clean them.47 This is because placing it in the water, so that the dirt floats away, is removing the bad from the good.48

site, the more warning signs will be up. The Torah warns about keeping Shabbos no less than 12 times. Chazal tell us that keeping Shabbos is tantamount to keeping the entire Torah. After learning for the previous few weeks some of the details of just one of the 39 melachos, we realize that ‘keeping Shabbos’ doesn’t simply mean

.‫ בה"ל סי' שכא ד"ה לקלוף עפ"י הפרמ"ג ומאמר מרדכי ס"ק כא‬38 .‫ וכן פסק הרמ"א סוף סי' שכא ומ"ב ס"ק פג‬.‫ ירושלמי פ"ז ה"ב הובא בב"י סוף סי' שכא‬3 9 .‫ אג"מ או"ח ח"א סי' קכד‬,‫ אגל"ט ס"ו‬4 0 .‫ אגל"ט בורר ס"ו ושש"כ פ"ג סעי' לא‬41 .‫ הגרש"ז זצ"ל בשו"ש סי' שיט ס"ק יא‬,'‫ אג"מ או"ח ח"ד סי' עד אות ח‬42 .‫ וכן שמעתי מהגר"ע אויערבאך שליט"א‬43 .‫ שו"ת רבבות אפרים ח"ד סי' צג אות כז‬,‫ שו"ת בא"מ‬,‫ הגריש"א זצ"ל‬44 '‫ הגרח"ק שליט"א בעם מקדשי שביעי עמ‬,‫ הגריש"א זצ"ל ויבלח"ט הגרנ"ק שליט"א הובא באיל משולש עמ' פא‬4 5 .‫ שש"כ פ"ג סעי' לט‬,‫ריא‬ .‫ והחזו"א מחמיר אפי' בזה‬.‫ ושש"כ סעי' יג‬,‫ אג"מ או"ח ח"ד סי' עד אות ז‬46 .‫ גר"ז סעי' יא‬,‫ערוה"ש סעי' כז‬,‫ חי"א כלל טז ס"ו‬,‫ מ"ב‬,‫ מג"א‬,‫ שו"ע ס"ח‬.‫ משנה שבת קמ‬47 .‫ פרמ"ג במ"ז ס"ק ה‬,‫ פרישה ס"ק ז‬4 8

refraining from work, but in fact adhering to all the fine details also.

May Hashem help and guide us to ensure we do not desecrate this holy day. '‫ הגריש"א זצ"ל הובא בשב"ש עמ‬,‫ הגרש"ז זצ"ל הובא בשש"כ‬,‫ קצוה"ש סי' קכה ס"ק טז‬,‫ אג"מ ח"א סי' קכה‬49 .‫תקסז‬ .‫ חזו"א הובא בחוט שני עמ' פט‬,‫ כמו מים צלולים דמותר לסננן כיון דרובא דעלמא שותים בלי סינון‬50 .‫ גמ' שבת עד‬51 ‫ וכ"ה‬,‫ הגריש"א זצ"ל הובא באיל משולש פ"ט סעי' פב מחמיר בזה‬.‫ יש מחמירים בזה וסבר שהוא בורר מה"ת‬52 .‫ב ואבן ישראל מובא במאור השבת ח"ג עמ' תקיא‬-‫בשו"ת נשמת שבת סי' קל‬ .‫ עי' בה"ל ס"ג ד"ה היו מהרמב"ם פ"ח הי"ג שאסור לעשות כן וחייב חטאת‬5 3

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HALACHAH

The Weekly Halachic Conversation

Rabbi Joseph Dweck Senior Rabbi of the Spanish and Portuguese Jews' Congregation

40

Don’t take bribes, for bribes blind the eyes

score. All of these are bribes, and when we make

of the wise and make crooked the path of the

a habit of accepting them, we leave our identity in

righteous. (16:19)

tatters. Sellouts corrode the weave of the human

Faithfulness

and

integrity

are

essential

ingredients for building an ethical life. Having integrity means that we are consistent in doing what is right even when no one is watching. Bribes

soul that allows for G-d’s presence to rest within us. There are only so many cracks that a single life or a single society can maintain before it falls apart.

devastate integrity.

Moshe opens this week’s

We read this week of the importance of our

parashah warning us that bribes are powerful

personal dignity. It encourages us to love what

blockades to wisdom and righteousness and

is right not only as an ideal, but as a means to

anyone interested in building a real life, as well as

create a viable life. We are encouraged to be

a just society, had better steer clear of them.

proud enough not to compromise our identity and

Steering clear, however, is not as easy as it may sound. We tend to think that bribes only apply

instead to weave each of our days into a beautiful and substantive tapestry.

to people like judges and politicians, but payoffs

Parashat Shofetim describes to us a society that

come in a variety of fun flavours that everyone is

is built on truth and justice, and bound together

capable of enjoying. Every day we are tempted to

with lives developed in faithfulness and integrity.

abandon, in a large or small way, a commitment to

It is a society that cannot be mechanically

faithful self-creation, and to destroy the integrity of

constructed, but one that emerges, gradually honed

our lives in exchange for cheap stand-ins. Some

by individuals who are committed to righteous

persuade us to eat what tastes good rather than

thoughts and acts. A society is then born of

what is good for us, some entice us to stay awake

citizens who have come to know, deep within their

instead of getting our needed rest, others convince

souls, that truth, as King Solomon wrote1, must be

us to engage with people who dim our identity

acquired at all costs, and never sold.

rather than with those who build and brighten it.

We are encouraged to make a buck, but destroy our virtue or to toss away sportsmanship in lieu of a

1 Proverbs, 23:23 You can now access previous articles and audio lectures by Rabbi Dweck at his blog. For more details please visit http://seniorrabbi.sandp.org/

Please daven for Avraham Yishayahu Ben Shoshana

??? QUIZ TIME Answers can be found on page 51, inside back cover

4. From where do we learn the prohibition of bal tashchis?

PARSHAH

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Mitzvas Shiluach Haken – A Lesson for Today

Rabbi Dr Julian Shindler

Works at the Office of the Chief Rabbi and was formerly Rov of the Muswell Hill Synagogue

If you come across a bird’s nest on any tree, or on the ground, and it contains fledglings or eggs, if the mother bird is sitting on the fledglings or eggs, you may not take the mother along with the young. You must (first) chase away the mother, and (only then may you) take the young.

(If you do this) it will be good for you and you will have length of days. [Devarim 22: 6-7] The mishnah1 states: ‘We silence one who says aloud (in davening) ‘Your compassion extends to a bird’s nest’.’ According to Rabbi Yosi bar Ovin the reason for this expression of disapproval is because such a statement implies that Hashem shows compassion to birds and not to other creatures.2 Rabbi Yosi bar Zvida disagrees and gives a different reason: it implies that Hashem’s commandments are motivated by compassion when in reality they are gezeiros – decrees - that ought to be followed without searching for reasons to justify them.3 This not to say that Hashem does not exhibit rachamim, as the Sefer Hachinuch points out – the Torah itself describes one of Hashem’s attributes as rachum4 - rather the application of His rachamim is not innate as it is in Man: He chooses when to exercise it. For if the fundamental reason for the mitzvos was solely compassion, Hashem would not have permitted shechitah.5 Ramban6 quotes Maimonides who suggests that the underlying reason for this mitzvah- and likewise the prohibition of slaughtering a mother animal with its young on the same day7 - is that doing so causes great distress to the mother bird/animal. In this regard, the maternal feelings of animals and birds towards their young are similar in degree to that of humans.8 Accordingly, explains Ramban, with mitzvos such as these, the Torah thereby prohibits behaviour that accustoms humans to adopt cruel practices. In other words, the mitzvah has less to do with Hashem’s compassion for 1 Brachos 5: 3 2 This assumption implicitly contradicts Tehilim 145: 9 ‘Verachamav al kol ma’asav’ though see Rabbeinu Bachya (Devarim 22:6) who proposes that the compassion shown towards the mother bird stirs the rachamim of Hashem towards other creatures who are in distress.

3 Gemara Brachos 33B and Rashi thereon 4 Shemos 34:6 5 Sefer Hachinuch: Mitzvas shiluach Haken 6 Ramban commentary to Devarim 22:6 7 Vayikra 22:28 8 Rambam: Moreh Nevuchim Section 3: Chapter 48. See also Mishneh Torah Hilchos Tefillah 9:7

the mother bird, rather, its purpose is for the effect it has on the person performing the mitzvah.

This idea has a parallel with the famous responsum of Rabbi Yechezkel Landau who was asked if it was permitted for Jews to hunt animals. He strongly disapproved of this on the grounds that – even if it were not expressly forbidden by the Torah - such activity inculcates cruel behaviour.9 Following in this vein, we can perhaps derive a further important lesson using shiluach haken as a metaphor. A mother bird will not abandon her chicks or eggs even when her own life is threatened: so strong is her natural, maternal instinct. Ordinarily she would fly away and escape capture, but not under these circumstances. It is precisely at such a time when a bird is most vulnerable that we are not permitted to use the extra advantage available to us to trap the bird when it is ‘easy prey’. When her mothering instincts binds her to the nest, an otherwise legitimate act of seizure becomes something despicable.

Now if this restriction limits our conduct with respect to wildlife, what are the implications in regards to our conduct towards other people?

Most city dwellers never get the opportunity to observe the mitzvah of shiluach haken, but the core value that lies behind it can impinge on our daily lives. Just as the mother bird protecting her young is vulnerable to attack, so it is with people. They can find themselves less powerful, financially dependent or emotionally vulnerable. Civilised society is appalled by unprovoked physical attacks on people, but these are all the more contemptible when the victim is a defenceless child, or an elderly or disabled person.

Yet we are all susceptible to a basic, animal instinct that might drive us to take advantage of another person’s weakness. Whilst fair competition and self-advancement may be legitimate in many situations, there also has to be room for the businessman, the shop-keeper, the professional and even organisations to exercise self-restraint on occasions where an unfair advantage exists.

The overarching function of the mitzvos is to bring about a refinement of character. The Torah understands the nature of Man. If a person accustoms him/herself to act ruthlessly towards animals, this will eventually lead to ruthless conduct towards other people. As Ben Zoma stated: Who is strong? He who controls his evil impulse.10 9 Noda Biyehudah Part 2, Yoreh Dei’ah section10 10 Mishneh Ovos: 4:1

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PARSHAH

22 August ’15 ‫י"ד אלול תשע”ה‬

Rabbi Zvi Gefen

42

Director of Development and Educator at Aish UK “When you make a vow to Hashem, your G-d, you shall not be late in paying it, for Hashem, your G-d, will demand it of you and there will be a sin in you. If you refrain from vowing, there will be no sin in you. (Devarim 23:22-3) The Gemara in Nedarim (22a) learns from passuk 23, that “If one declares a neder it is as if he built a bamah” – “And if one fulfils the neder, it is as if he offers a korban on the bamah” It seems as though the Torah created the idea of a neder, then told us not to do it. If someone does make a neder and carries it through even doing this is to some extent an aveirah. (Since the korban is still considered as being offered up on a bamah).

decision based on an obligation from yesterday is therefore not a good thing.

However, during a crisis, an eiz tzarah, when your life is on the line, you have clarity. At this time, all the trivia on which we base our major decisions disappear, our values are straightened and priorities are renewed. But the minute the danger is over we go back to our former confused state, therefore this is an ideal time to make a neder – it is a mitzvah to seize the moment and commit to doing something great. Chazal tell us that we must make the most of the opportunity presented by this challenging time and make a neder.

Rabbi Dovid Kaplan brings the following story in his book, “Real Impact!” (p.122). His comment follows.

A group of idlers in Iran were sitting around playing cards.

In order to make things interesting, they decided that the loser would have to go into a cemetery at night and bang three nails into a tombstone. Farzhad ended up the unlucky one and had no choice but to live up to the agreement. He made his way to the lonely graveyard and, after a few minutes of frightened hesitation, walked in. The place really gave him the creeps. He quickly approached the nearest tombstone and, with knees shaking banged in the first nail.

He smashed in the second one and then, with mounting fear, the third. He turned to bolt out the cemetery, took two steps … and then felt someone grab him from behind! He was so utterly terrified that he had a heart attack and died on the spot. When he didn’t return within a reasonable amount of time, his friends entered the cemetery to look for him. They found that in his panic he had carelessly driven one of the nails though the tail of his coat, pinning it to the tombstone.

It was his own coat which held him back

The whole parshah seems to be a contradiction.

Rabbi S.R. Hirsch writing on parshas Vayetze explains: Yaakov makes a neder with Hashem asking Hashem to protect him in Lavan’s house. Chazal learn that it is a mitzvah to make a neder in a time of hardship (eis tzarah).

Rabbi Hirsch observes that this Chazal makes the understanding of nedarim more confusing. Why is there only a mitzvah to make a neder during an eis tzarah?

He answers: “Everyone who makes a vow places himself now, already, in a point of time which is not present, and decides what is to happen at that distant time. And it is just in that, in anticipating the future which you cannot possibly know, that the sinfulness of a neder lies.”

Why make a neder just do it?

Making a neder means that there is something you appreciate now and you are afraid that you will think differently later. You feel a certain way today and you are afraid that you won’t feel that way tomorrow, so therefore you force yourself into that position now.

To tie down tomorrow’s behaviour to today’s level of observance is a problem since you are constantly supposed to be growing. You don't make decisions today for tomorrow unless you have no choice. Why decide what you will do tomorrow?

Tomorrow you will be older and wiser. A Yid is supposed to be always growing.

One of people’s biggest problems is that so many of our attitudes were formulated were during childhood. We create mechanisms as children and continue with thought processes and attitudes which have never developed any further. The Torah does not approve of this.

A neder runs contrary to a central value of Yiddishkeit – the need to be constantly fresh and alive. Acting or making a

PARSHAH

The Torah's Idea of Making a ‫נדר‬

COMMENT: There are people who would like to change but never do. They blame others and life’s circumstances, when, in fact it is really they who are holding themselves back.

We call this season the Yemei Ratzon. A time when Hashem wants to bestow goodness on us. We can use this time to build ourselves up to receive Hashems benefit, which means Hashem giving us the ability to earn greatness. To get the Siyatta di’Shemaya to become greater people. We have to learn to set ourselves free from our past experiences. We are expected to understand that we have to move on from the way we thought when we were seven. Use this time to build up our desire and dream of being greater Jews. Through our ratzon and Hashem’s ratzon to give, we can be sure to be zoche to a special Siyatta di’Shemaya.

Based on a shiur of Rabbi Yitzchok Berkovits.

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R’Binyomin Zev Goldberg Author of ‘Koloh D’Yaakov’ on the weekly Parsha and the Moadim

“When your encampment goes out against your enemy, and you shall guard yourself from every evil matter.” (23:10) Reuven was new in the town of Leipzig, having moved there on business. He was a bachelor and had no family there, not even the distant type to whom he could mention older family members that both would remember. He was also a particularly nervous person who was painfully aware of who the important people in town were, and consequently who it was that he considered most important to keep happy. Such people were treated with an almost obsequious respect, since Reuven knew that if trouble ever occurred, and he greatly feared it would, there was no-one in town whose family connections could be relied on for them to stand up for him.

One day, the catastrophe that Reuven had feared struck.

He wasn’t sure how it had happened, all he knew was that he had been summoned for a week hence to stand in front of the entire community to be tried for a crime. During that week, Reuven spared no efforts. He begged, he pleaded; he spoke to everyone he could to sway their opinion of him and their subsequent vote at the public gathering. He even approached those people he had previously ignored. The paupers and the beggars of the town were spoken to as though they were kings, because at the end of the meeting everyone would vote, irrespective of their social status. It was therefore crucial that Reuven manage to get enough people on his side that he could be assured of a positive verdict.

The Dubno Maggid writes that he used this moshul when expounding on the above possuk and linking the possuk with the time of year during which it is read; Ellul.

He explains that it is appropriate during Ellul for a person to understand what differentiates the righteous individual from the person yet to reach that exalted status; the level of fear of Hashem that these two types of people have.

Many people, he notes, judge their sins by the level of punishment associated with the sin, since their primary

drive in keeping mitzvos is to keep themselves safe from punishment. Presuming they are clean of anything terrible, he opines, they see themselves in the clear. However, the more fear of Hashem a person has, the more he begins to appreciate the majesty and awesome nature of Hashem and begins to regret even his smaller sins. Such a person eventually finds himself conflating the size of his small sins in his own mind until they are the equivalent of other technically bigger sins he is guilty of, since to him, all disobeying of Hashem is wrong, irrelevant of any subsequent differences in consequence.

The average person, continues the Maggid, takes the first path, repenting his large sins and ignoring his smaller ones. Such an approach, argues the Maggid, is perhaps suited to the rest of year, but not Ellul. When a person is living at peace with himself he can allow his misdemeanours to slip out of his consciousness and fall into oblivion, however, when a person is called for judgement like Reuven in the above story, no sin becomes too small to think about. Reuven in the story, recognised this fact. When it came to the crunch, it was irrelevant to him whether a person was important or not, since they had a vote and every vote counted in his judgement. For that reason he begged and pleaded with even the least important people, because their vote was worth the same as that of the town mayor. Similarly, continues the Maggid, during Ellul we cannot allow ourselves to forget our smaller sins. The star sign of the month of Ellul is the scales, because it is during Ellul that the process of weighing up our mitzvos and aveiros begins. When scales are used, even the lightest thing can tip them and the same applies to the scales of heaven; even the lightest mitzvah or aveiroh can tip the decision one way or the other. That, he concludes is what the possuk means, “When your encampment goes out against your enemy, and you shall guard yourself from every evil matter.” When, during Ellul, we go out to war against our most fierce enemy, the Yetzer Hora, we must be careful of every sin, no matter how small it appears.

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Dayan Yehoshua Posen UOHC Golders Green Beis Din 44 In this week’s parshah we have one of two of the issurim involved in not paying wages on time. The Chofetz Chaim in his sefer,

Ahavas Chesed, explains that many shomrei Torah u’mitzvos are not careful about paying wages or rent on time due to their ignorance of these halachos and their failure to realise the severity of the issurim involved. It is therefore worth spending time familiarizing ourselves with the halachos.

HOW FAR REACHING IS THIS ISSUR? The Mishnah in Baba Metzia (111a) tells us: '''‫אחד שכר אדם ואחד שכר בהמה ואחד שכר כלים יש בו משום 'ביומו תתן שכרו‬ ‫” 'ויש בו משום 'לא תלין פעולת שכיר אתך עד בוקר‬.

Whether hiring a person, an animal or vessel one has a mitzvas aseh to pay the salary/rent on time.

If one does not pay on time, he has transgressed an issur de’Oraisa! This halachah is written in the Shulchan Aruch in '‫חו''מ סי‬ ‫'שלט' ס' א‬. The Gemara asks how we know to include these other forms of rental in the issur of bal talin which only seems to be talking about paying wages on time? The Gemara answers, from the word “be’artzcha/in your land” we learn whatever is in the land that can be rented is included in the lav and the aseh, the negative and positive commandments. The Mechaber in ‫ 'חו''מ סי' שלט' ס' א‬only quotes the opinion of the Remo: that the passuk only includes everything on the land, but not the land itself, and there is no issur min haTorah for not paying land rental on time. However, the Vilna Gaon argues, and says that this Gemara is the opinion of a beraisa but we pasken like the Mishnah, and there is an issur for not paying land rental on time.

Similarly the Chofetz Chaim in Ahavas Chesed (‫ )'פ'ט' הל' ה‬paskens that one has to be machmir like the Gaon.

Furthermore, the Ketzos on this halachah points out, that this whole machlokes between the Mechaber and the Vilna Gaon is only concerning renting an empty piece of land, e.g. a parking space or football pitch. However, when it comes to renting a house, flat, or any other space in a building, since all buildings are built out of moveable components (bricks, cement etc.) which come together in a construction which is fixed to the ground, it is unclear whether they have a din of metaltelin (moveable objects) or karka (land). He explains that even those who would normally say that “ ‫תלוש ולבסוף‬ ‫ ”חיבר‬has a din karka, would have to be machmir here that the lav applies, since it is a safek de’Oraisa. Therefore most cases of property rental would have to be paid on time, even according to the Mechaber.

THE HALACHOS OF BAL TALIN The halachos can be split into three categories: When is the deadline for paying on time? What other factors can prevent the employer from transgressing the lav? Which employees are included in the issur?

WHEN IS THE DEADLINE? One is only over if one hasn’t paid one’s employee for work that has been already done, or for a rental whose time has already passed.

However, if one agrees to pay up front for work he has commissioned, or for a rental that is about to begin, failure to do so will not transgress the lav or be a bitul aseh.

The Mishnah in Baba Metzia (110b) tells us that when a worker finishes his work at sunset, one has till sunrise to pay him. A worker

who finishes at sunrise may be paid until sunset. A worker who finishes his job in the middle of the day, and is owed the money, must be paid before sunset, regardless of whether he has been working for a week, a month or a year, or if it was a short job which only took a few hours. Failure to pay would result in the employer transgressing the lav of lo savo alav hashemesh – do not let the sun go down [on the debt] and failing to keep the positive mitzvah of be’yomo titen secharo – paying a worker on the correct day.

If payment was due sometime in the night; then it must be paid before dawn in order not to be over the lav of lo salin pe’ulas sachir not withholding the wages of a hired worker, and mevatel the aseh.

Therefore, if an electrician finishes his work in the afternoon, and writes out an invoice, he must be paid before shekiah!

Exceptions: If the employee/landlord knew at the time of employment/rental that he probably wouldn’t be paid on time; either because the boss/ tenant wouldn’t have the money straight away (e.g. until he has sold the goods on market day he does not have money), or because he can’t pay till he receives an invoice, or because his boss/the tenant is the type of person who probably pays late; then the employer/tenant isn’t over the lav. Similarly a worker or landlord can be mochel his right to be paid on time.

Once the deadline has passed: If the employee/landlord wasn’t paid on time; whether the employer/ tenant was over, or it was one of the exceptions when he wasn’t; once the time has passed (sunset/sunrise) the employer/ tenant cannot be over min haTorah again again for failure to pay this wage.

Similarly if the rent or wages are fixed to be paid, for example, on the first of the month, for the previous month; since the Torah’s “deadline” has already passed, there can be no issur min haTorah!

THE ISSUR DE’RABBANAN In ‫ סק''ח‬the Mechaber explains that intentionally delaying to pay

after this date, would transgress a lav midivrehem. There are two differences between this issur derabbanan and the issur min haTorah.

If one forgot to pay because one was busy with other things, one would not be over the lav midivrehem. However, when one is faced with the lav min haTorah, one is over if one fails to pay, even due to genuinely forgetting about it. Secondly, the issur min haTorah is a one-off, which one either is or isn’t over. The lav midivrehem is a constant issur which one will be over if he procrastinates from paying the rent or wages that he owes!

If one’s lawyer or accountant isn’t paid till he sends an invoice; and that doesn’t arrive on the day the work was finished, there will be no bal talin. Therefore if one forgets to pay, there will be no issur; since one is only over the deRabbanan when one intentionally withholds payment Paid according to the time, or for the job: Till now we have been talking about a worker who is paid according to the amount of time that they work, e.g. monthly salary, due at 5 o’clock on the last day of the month. Similarly if a person is paid to do a job i.e. a kablan, (as opposed to someone paid according to the amount of time or days that they work), he is due to be paid upon completion. However the ‫ שו''ע‬Shulchan Aruch tells us, if the

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kablan still has the item that he has been working on; e.g. a tailor or drycleaner, even if they have finished the job, one doesn’t have to pay them till one picks up the item from them. Once one’s picked it up he has till sunset/sunrise (whichever comes next).

Employing or Purchasing?

The Ketzos points out that lav of bal talin is specifically referring to one who fails to pay a Jew wages or rent owed. However, if a person still owes money from a purchase he never paid for, or a debt, this has nothing to do with bal talin, and even though one should, of course, pay money owed, this issur doesn’t apply.

Therefore if a person commissions a tailor to make him a suit and the tailor is meant to supply the fabric; the Ketzos explains this is a purchase of a tailor-made suit, not an employment, and therefore there will be no issur for failing to pay on the day one picked up the suit.

OTHER CONDITIONS OF BAL TALIN: There are at least three more requirements for the employer or tenant to be over bal talin: The employer has to hire the employee himself and not through a shaliach. Similarly the landlord has to rent directly to the tenant. The employee/landlord has to ask for his wages/ rent and the employer/ tenant has to have money to pay him.

Not employed through a shaliach The Gemara explains that if one hires through a third party, there is no issur min haTorah if one doesn’t pay on time. Because of this, some Amoraim used to make sure they hired workers using a shaliach, because as Tosfos explains, that way even though there would still be the lav midivrei sofrim; at least if they forgot to pay on time they wouldn’t be over.

This means if a person gets his secretary or other employee, to hire the workers, and they state that they are acting on his behalf, there will be no bal talin. Similarly Harav Elyashiv, zt”l, explains that if a person calls for example, a plumber or electrician and speaks to their secretary who takes the order, this is considered hiring through a third party. However, the Shulchan Aruch explains that since generally we say “ishto kegufo” a man and his wife are considered as one person, a husband will be over if he doesn’t pay a worker hired by his wife on time.

Employee has to ask for his wages/fee: The Mechaber in ‫ סי' שלט' ס''י‬explains that one can only be over if one has been asked to pay the wage. The reason for this is that it is assumed if the employee doesn’t ask for his wages, it’s a sign that he doesn’t mind not being paid on time. With this in mind the Chofetz Chaim in Ahavas Chesed (‫ )נתיב חסד פרק ט' כ''ט‬explains that even if the worker doesn’t specifically ask for the money, but he comes to the employer, having completed the work as is customary, it is as if he has asked for his wage.

HALACHAH

Paying Wages On Time: ‫בל תלין‬ This is because the Chofetz Chaim considers that a worker who does not ask for the money because he is too embarrassed is equivalent to a worker who does not ask.

With this in mind, Harav Elyashiv, zt”l, paskened that if an employee or landlord has in the contract that they should be paid on a specific date of every month, it is considered as if he asked on the actual date to be paid. Furthermore if the employer/tenant is not there, so cannot be asked, he is over.

The employer/tenant has to have money: The Gemara learns from the word “itcha” that there is only an issur if the employer/tenant has money. Having funds that one can access easily, for example by withdrawing from an A.T.M is considered as having money.

Similarly the Chofetz Chaim learns one is obliged to get change from a large bill, if one doesn’t have any.

Therefore telling the babysitter “I haven’t got change, I’ll pay you tomorrow!” is only allowed if one is sure that she really doesn’t mind!

Even if one doesn’t have enough cash to pay the whole amount, one has to pay what one has. The mefarshim explain if one has enough money to either pay one’s worker on time or buy an esrog, he should pay his worker; because aseh v’lo taaseh, doche aseh. The Pischei Teshuvah quotes the Arizal who says that it’s middas chassidus to borrow money to pay one’s worker, if he doesn’t have enough.

WHICH EMPLOYEES DOES ONE HAVE TO PAY? We’ve already mentioned that the issur doesn’t apply to a worker hired through a third party, or one who has to send an invoice etc. What about when one tells a child he will pay him to do some work for him?

Even though a child does not have kinyanim min haTorah, the Chofetz Chaim says a person who hires a child and doesn’t pay him on time, is over the lav, and mevatel the aseh! This would apply even if one told one’s daughter that they would pay her if she babysat!

However something promised as an encouragement and incentive to one’s child, is clearly not an employment.

PAYING BY CHEQUE Even though it is probable that paying a worker by cheque, is not considered as paying mammon (cash money) (since he can’t use it, in most cases, to buy food with on that day, without incurring a loss); nevertheless if the employee knew at the time of his hiring that there was a possibility that he would be paid for this job by cheque, and he didn’t request to be paid in cash, we say that he has been mochel his right to cash, if he is given a cheque on time. The same would apply to rent. However in both cases, if one does not pay the cheque when it is due; and all of the above terms are met, then there would be an issur bal talin, since he was only prepared to forgo getting paid cash on time if he received a cheque on time!

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THE ONEG YOMIM NOROIM EDITION

4. When else in the year do we read from Parshas Ki Setze?

05 September ’15 ‫כ"א אלול תשע”ה‬

‫מוצש’’ק‬

London: 8:31

‫פרשת כי תבוא‬

‫הדלקת נרות‬

London 7:26 pm

pm

‫ כ"ב‬- '‫ ישעי ס' א‬:‫הפטרה‬ '‫ ג' ד‬:‫פרקי אבות‬

PARSHAH

Be Jewish, Be Happy

Mord Maman Aish HaTorah Recently, I had to upgrade my mobile phone contract. I researched all the available price plans on competing providers and rang up ready to dance and what followed was a tale of two starkly different sales techniques.

The first representative tried to guilt trip me into staying, detailing the cost and the effort it would take to unblock my phone, obtain my PUK code, wait until my contract fully expired and to be frank, he didn’t really seem bothered. I didn’t appreciate that tactic, and fortunately my call was cut off (his logic being, he can’t terminate his contract if we ignore him) so I had to ring back. The next sales rep I reached was fabulous. Oh boy, did he sell me a contract!

He sorted me out on price, on features, on price again. I couldn’t wait to sign on the dotted line. He was cheerful, and we both ended the phone call happy! The sales rep with some commission and me with a new reduced price, souped up mobile phone contract. One dismal experience almost left me looking for a new provider, yet a cheerful encounter enticed me to stay.

In this week’s parshah we encounter the second tochachah admonition, in the Torah. For many pesukim the Torah details the troubled times that lay in wait for Israel if they abandoned God and the Torah.

In the middle of the admonition in passuk 37 there is a statement, implying a reason behind all these potential misfortunes. This could easily be missed as the baal kriah rushes through in hushed tones. The verse reads that these curses were consequences because God was not served with “gladness and goodness of heart, when everything was abundant.” Now while we know the refrain “Mitzvah gedolah lihyot besimchah” there is no specific command, “Thou shalt be joyful when observing My mitzvoth.” Why then is this such a significant stipulation, falling foul of which would lead to such wrath?

Rabbi Simcha Bunim of Pshischa highlights the fact that this is the only specific infraction mentioned in the entire admonition and explains we are not talking about a distinct mitzvah of joy. Rather we are talking about an approach to life itself.

At the conclusion of the Israelites’ journey through the wilderness, God has bestowed 613 mitzvot upon the nation.

613 ways to connect with the Divine. 613 ways to connect with the infinite. What a blessing!

Yet we can also view the mitzvot as a burden.

We could either see it as a blessing when Shabbat comes in, or it could be a burden to turn off our smartphones.

Shacharit could be a non-ideal start to your day, or an opportunity to beginning your day in conversation with the Almighty.

The Ramban relates how these second admonitions are aimed at the period of history from the destruction of the Second Temple onwards, so we must keep in mind that this is speaking to us in 2015. We are blessed to be Jews in England in the 21st Century, where we are allowed to practice our religion freely. We have kosher food in abundance and employers who let us get home in time for Shabbat! How can we not practice Judaism joyfully?

Ultimately we must understand when we engage with our Judaism, that we are being watched and that we are selling a G-dly way of life to those around us. We are watched by our spouses, our children, our friends and ourselves.

If we moan and groan every time we do a mitzvah, what message does that send to the world? How will that send the message that this way of life is prescribed by G-d? How could the Torah be a pain and bother?

You see, if you walk about complaining, “It’s not easy to be a Jew,” not only will those around you believe it, you will start to believe it too. One grumpy sales representative almost drove me to giffgaff... we must be sure the way we live our Judaism doesn’t drive others away.

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PARSHAH

We Cannot Serve Hashem in Isolation

Rabbi Yoni Golker

Limmudei Kodesh Teacher, JFS

47

The opening passuk of the parshah

Rabbi

Menachem

Mendel

Schneerson,

the

Lubavitcher Rebbe, zt”l, explains that bringing

discusses the mitzvah of Yishuv

bikkurim was a mitzvah that brought tremendous

Eretz Yisrael. The passuk describes how “Veyerishta veyishavem vo - and

simchah to all those who took part, as explained in the Mishnah in the third perek of Bikkurim. Therefore

you possess it and settle in it”, Eretz

if only some of the Jewish people were in a position

Yisrael is to become our home. Rashi

to participate, while others had not yet received the

on the passuk, quoting the Gemara in Kiddushin explains that this teaches

division of land, the actual simchah would be limited and incomplete, as people would feel pain that their fellow member of Klal Yisrael were not yet in a

us that the mitzvah of bikkurim did not

position to participate in the mitzvah. Therefore this

come in to effect until the land had been

mitzvah was put “on hold” so to speak, until such time as everyone could do it.

fully conquered and divided.

In a similar manner, Rashi teaches us in Vayeira

The Gemara in Zevachim explains that the first

that when Sara Imeinu gave birth to Yitzchak many

seven years the Jewish people were focused on

childless couples had babies, and many sick people

conquering the land, and a further seven years on

were healed on that day. Why was this so? The

dividing the land. The Gemara in Kiddushin explains

answer seems to be that if Sara had been the only

that apart from the mitzvah of challah, all the other

one to be redeemed, her happiness would have been

mitzvos hateluyos ba’aretz were established only after the 14 years.

After the first seven years, the regions of Eretz Yisrael were divided up and therefore from the seventh year onwards, people were beginning to inhabit their inherited land, and after a couple of

incomplete. Only by sharing this happiness with others, could she truly feel joy.

The Torah is teaching us a powerful lesson: our service of Hashem is dependent on our relationship to each other. To be a true Eved Hashem, one cannot be exclusively connected to Hashem without being concerned about the ability of their fellow Jew to

years presumably one third of the Jewish People

bear Ol Malchus Shamayim. How can we focus on

would be in possession of their property. If this was

Avinu ShebaShamayim if we are lacking in our care of

so, why were they not obligated to bring bikkurim

our brothers and sisters, Acheinu Bnai Yisrael. As we

before year 14? Why did they need to wait until year

approach Rosh Hashanah, this mind-set will stand

14 when all the land had been divided up totally?

us in good stead to be Zocheh Bedin

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48

Kavod Shabbos – Honouring Shabbos QUESTIONS

Berura3 says that this was because of his high level of

1. It’s Tuesday morning and I’ve just seen a nice cut of meat at the butcher’s. Should I buy it for Shabbos?

trust in Hashem. He relied on all his Shabbos needs

2. My neighbor is ultra-efficient — her Shabbos is ready

by Wednesday. I get up very early on Friday and do everything for Shabbos. Who is a better balaboste?

conduct themselves like Shammai.

3. Moshe has come home with a new chumra — not to use the washing machine on erev Shabbos. I’ve never heard of it. Is he right?

being available on Erev Shabbos. Other people should 2. Better not compare yourself to your neighbour. Other things being equal it’s better to prepare for Shabbos on Erev Shabbos when it’s clear you’re doing it in honour of Shabbos.4 3. The Shulchan Aruch5 brings from the Gemara6 that Ezra

4. I’ve got a helper who’ll get the house ready for Shabbos while I go to the beach with the children. Isn’t this a good arrangement?

decreed that we should wash our clothes on Thursday

5. Chaim wants to taste every one of the Shabbos dishes. I told him that one is enough. Am I right?

not on Friday in order to be free to make other Shabbos

6. Home-made challos are nice but it’s so much easier to send Moshe to the supermarket. What should I do?

have clean clothes for Shabbos. Everyone agrees that it

7. Chaim says you only have to wash your hands and face, not your feet. I told him if he doesn’t wash his feet, he’s not wearing his new Shabbos shoes. But what do I say next week?

8. This I never remember. In what order do you cut your nails?

9. My neighbor cuts her nails on Thursday. I learnt not to.

Do I say anything?

10. Our fourteen year old likes to have her shower at the last minute. What do I tell her?

in honour of Shabbos. There is a dispute whether the purpose of the decree was to wash on Thursday and preparations on Erev Shabbos or just to make sure we is preferable to wash on Thursday in order to do other preparations on Erev Shabbos.7 Even though today, washing clothes is not as time-consuming as it used to be, it is definitely preferable not to do it on Erev Shabbos unless it is strictly necessary.

4. It may sound good, but even the greatest of our sages actively prepared for Shabbos themselves.8 This did not compromise their honour. On the contrary, preparing for Shabbos themselves, even with hard physical work, gave them honour. If you have personal reasons for taking the children out on Erev Shabbos and your Shabbos will be enhanced if you have had quality time

ANSWERS

with the children, at least do some preparations yourself

1. Yes, buy it. The Gemara1 says that this was the conduct of Shammai - to buy for Shabbos anything special which he saw during the week. Although Hillel used to leave everything until Erev Shabbos,2 Mishna

and come back in time for your family to welcome

1 Baitza 16a 2 Ibid.

Shabbos calmly.

3 250/2 4 Ibid.

5 Shulchan Aruch 242/1 6 Baba Kama 82a 7 See Magen Avrohom 242/3, Mishna Berura ibid./5 and Shaarei Tziun 16 8 Shulchan Aruch 250/1

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3. What lies behind the order of splitting the shevatim on which six to go on which mountain?

5. Mishna Berura9 does say that it is a mitzvah to taste all the Shabbos foods to check if they taste right, but it can

fingers consecutively14. Some hold that one should do the right hand before the left.15

be done by one person rather than all the family. It is

9. You are right.16 Telling someone else they’re making

also a segulah for long life as it says to’ameha chaim

a mistake, however, needs a great deal of diplomacy

zochu and according to this reason more than one

and sensitivity. I suggest that you gently mention to

person could do it but it’s probably not practical that the

her that you heard that you shouldn’t cut your nails on

children taste all the foods, unless you have a lot of stuff.

Thursday and maybe you should both check up with

Besides, listening to one’s parents also brings a promise

the Rav. I suspect that she also was taught not to do

of long life as it says lema’an ya’arichun yomecha!

them on Thursday, but she misheard or has forgotten

6. Three reasons are given for the beautiful custom of the ba’alas habayis to bake her own challos on Erev

or miscopied somebody’s notes in Sem and thought the teacher said to make sure to cut them on Thursday.

Shabbos. It is in order to have the mitzvah of taking

10. Re-read the first two sentences of the previous answer.

challah, to make sure the Shabbos challah is pas Yisrael

Mishna Berura17 points out two possible consequences

and not pas palter10 and to make up for the sin of Chava

of washing close to Shabbos – combing hair, which

which caused the eventual death of Adam Harishon

involves the melachah of gozez, (pulling out hair) and

who was the challah of the world. I would add a fourth

squeezing the towel or flannel (wash cloth) which is part

reason — they taste much better! If, in your personal

of the melachah of melaben, (washing clothes). Plaiting

circumstances, it is impossible to bake challos at home,

(braiding) or styling hair is another issue, brushing

you’ll have to buy. From the way you ask your question,

off a stain on her dress, cleaning teeth, turning off her

it sounds as though, with encouragement, you could

bedroom light etc, etc. are others. Of course we are not

find the time. Go for it!

talking here of deliberately breaking Shabbos, chas

11

7. If Chaim has dirty feet, he has to wash them. Besides, it is a mitzvah to wash one’s whole body in honour of Shabbos, if possible.12 Doesn’t Chaim want to be like the holy Tanna, Reb Yehuda Bar Iloyi who,13 on Erev Shabbos washed himself in hot water, dressed himself in his finest clothes and waited to bring in Shabbos looking like a Malach Hashem Tzevokos?

8. First the left hand – 4th finger (3rd from the thumb), 2nd,

veshalom, but just before, just about, oh, is it already after shkiah?

Maybe the tactic here would be to quote the well-known segulah of bringing in Shabbos before the required time to give merits for recovery from illness or to help other people in need. Learn a halachah or two of hilchos Shabbos at the Shabbos table without looking at anyone accusingly. Your daughter will mature, eventually.

5th, 3rd, thumb. Right hand – 2nd finger (next to the

This is an extract from Do You Know Hilchos Shabbos? by Rabbi Michoel

thumb), 4th, thumb, 3 , 5th. In other words, moving

Fletcher copied with permission from the copyright holder. It is currently sold

from left to right making sure not to do two adjacent

out (3,000 copies) but the new edition should be available in a few weeks and

rd

9 250/2 10 That is baked by a non-Jew which even if it kosher is not ideal (Yoreh De’ah 112/2).

11 Shulchan Aruch 250/1, Remo, Mishna Berura 6 12 Ibid. 260/1 Remo 13 Gemoro Shabbos 25b

will be available from Menucha Publishing USA and all good sefarim shops.

14 Remo 260/1 15 Piskei Teshuvos 260/2 16 Mishna Berura 260/6 17 Ibid/1

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4. What is the theme that links together all the curses?

HALACHAH

Do You Know Hilchos Shabbos?

Sammy Epstein

Nishmas Yisroel

50

The Parsha of Ki Savo deals with the potentially devastating consequences that will befall Klal Yisrael as a result of their refusal to follow the words of Hashem. We are told of the various different punishments that they will face as a result of their misdemeanours. Curse upon curse reflects upon the impoverishment and negativity that comes as a direct result of the actions of Klal Yisrael. There are 2 questions that can be asked regarding several pessukim within the curses. After explaining to Klal Yisrael that their cities, fields and nation will be destroyed, Devarim 28: 61 tells us that, “Even any illness and any blow that is not written in this book of the Torah, Hashem will bring upon you.”

Rabbi Shimshon Pinkus, z”l, asks: have Klal Yisrael not had enough curses? They have been told of the dire consequences of their failure to follow Hashem's actions, resulting in an abundance of curses. Yet, when they are sure it is almost over, an extra curse is added, stating that any other bad situation that occurs – that too is a result of the failure to follow the will of Hashem. This passuk seems to be an unnecessary addition to the curses.

The second question is based on the final passuk of the curses. After delineating the various curses and destruction that Klal Yisrael will face, verse 69 tells us that, “these are the words of the covenant that Hashem commanded Moshe...” Referring to these curses as a covenant seems extremely perplexing. In what manner can these curses and rebuke be referred to as a covenant? Etymologically, the word 'covenant' derives from the Latin word 'convenire', meaning 'to agree'. It seems highly unlikely that any person would agree to enter into a covenant which revolves around rebuke and punishment.

Rabbi Pinkus answers these two questions by detailing what the purpose and concept of hardships are. Hashem

brings hardship upon his people not as an act of anger, but rather as an act of love and kindness to Klal Yisrael.

Hardships are our pathway to teshuvah, to returning as faithful servants to our Creator. We are given difficulties, not as punishment, but as a way to jog our memory as to who we are put on this earth to serve, so as to ensure that, in the future, we are able to act in the correct manner expected from us as the chosen people. We often face testing and challenging times, and we feel that we are being punished unfairly, but the real purpose of these times is to force us to rethink our actions and repent.

With this preface, we can begin to understand the two questions on this week's parshah. The reason that it is referred to as a bris, a covenant, is precisely because it is beneficial for us, and we therefore do desire to enter into such an agreement. The covenant here is that Hashem will continue to place hardship on us, not to punish us, but to give us this incredible opportunity of repentance in order to return to Him. These curses thus become a blessing in disguise, enabling us to become free of sin via sincere repentance. This is the reason it can rightly be referred to as a covenant.

This reasoning also explains the answer to the first question. If the passuk did not tell us that any additional hardships, not mentioned in this parshah, that we face are part and parcel of this repentance-inducing covenant, we may not be able to see that the problems we face are a message from Hashem and a gift from Hashem in order to assist the repentance process. Therefore, the passuk brings this additional phrase to tell us that the repentance process is not limited to the curses and punishments that are demarcated in this week's rebuke. On the contrary, it is impossible to sufficiently delineate the true scope of this covenant, and therefore we are told that any other hardships should also be seen in the same way, to remind us that Hashem is bringing it all upon us in order to show that he still cares, and still desires our repentance. The idea of punishment is to enable us to return to Hashem, and the fact that Hashem gives us this reminder through hardship is truly to our benefit.

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5. Why do we make sure to say the curses of this parshah before Rosh Hashanah?

PARSHAH

Using Hardship to our Benefit

Quiz Time Answers http://livingwithmitzvos.com Ideas for Answers PARSHAS VA’ESCHANAN

PARSHAS RE’EH

1 Parshas Va’eschanan contains the story of the second Luchos.

This expresses the idea that after the breaking of the first Luchos there is still hope. So too, after the Churban there is still hope and we believe in the coming of Mashiach and that the Third Beis Hamikdash will be built. This is the first of the shiva d'nechemta, the seven weeks of comfort that follow Tisha B'Av, with a message from the parshah.

1 On the eighth day of Pesach, second day of Shavuos and on Shemini Atzeres.

2 Since even though the Beis Hamikdash has a physical location, the Torah is telling us that it is really spiritual; above time and space.

3 For the meisis – the person who tries to persuade others to go worshipping other gods.

2 We must recognise that Hashem knows everything. If He gives us a specific number of mitzvos then there is a reason for this number. Wanting to add mitzvos is like saying that 'we know better' and this is obviously wrong.

4 Since they saw the sin firsthand, it has had a negative impact on them. Being the first to kill the sinner removes the negative effect of the sin.

3 On Tisha B'Av (from 4:25) as well as every day in the form of the first paragraph of Shema! (6:4-9)

PARSHAS SHOFTIM

4 They are in the first passuk of Shema (6:4) – the letter Ayin of Shema and the letter Daled of Echad. The Baal Haturim gives several explanations. Together they spell the word Eid, witness, as when the Jews say this passuk they are testifying to the Unity of Hashem over all creation. (See there for much more.)

5 Some examples of daily mitzvos that are listed in this parshah: Shema (6:4) – to believe Hashem is One without any partner; in Shema (6:5)– to love Hashem; to learn Torah and teach others (6:7); to say Shema morning and evening (6:7); to put on tefillin shel rosh and tefillin shel yad (6:8); to fix a mezuzah to the doorpost(6:9).

6 The most well known change is from zachor - remember to shamor - guard. In the first Luchos we remember how Hashem created the world in six days and rested on the seventh while in the second Luchos we remember how we were servants in Egypt and how Hashem miraculously took us out and as Our Master commands us to keep the Shabbos. We express both these ideas in the Friday night Kiddush, remembering Ma'aseh Bereishis and Yetzias Mitzrayim. (The creation applies to the whole world while the Exodus is unique to the Jews.)

7 The negative mitzvah of not forgetting the giving of the Torah on Har Sinai. This is to be passed on from generation to generation.

The imbues our children with the knowledge that we have witnessed the Torah being handed to Moshe, and this fact has been handed down to us by our ancestors from generation to generation since it happened. (See Ramban, 4:9)

PARSHAS EKEV 1 The Vilna Gaon explains that the first five species are foods consumed in their natural state. The last two are separated since the by-product of the fruit is used. They are used for the juice.

2 Some differences: the brachah acharonah, after brachah; instead of a borei nefashos we say al ha’etz. Additionally, bikkurim are only brought from fruit of the shivas haminim.

3 The middah of ga'avah, haughtiness. The Rambam tells us that usually the middle pathway is correct for all middos. However, an exception is haughtiness from which we must be totally distanced.

4 He went up three times. The first time to receive the first Luchos.

The second time to attain forgiveness and the third time to receive the second Luchos.

1 A bribe makes its recipient connected to the giver, so that he cannot judge objectively. A person does not see himself guilty. (‫)שוחד=שהוא חד‬ 2 As it is a positive commandment, it is good. However, the way in which the Bnei Yisrael asked for it - in order to be like the other nations - is something bad.

3 There is an argument among the Rishonim if the usual war protocol of first offering peace to the enemy can be applied even to the seven nations.

4 It is from the end of the parshah; Hashem commands us not to cut down trees when besieging a city.

PARSHAS KI SETZE 1 The Torah's command is only after death. People draw up wills and give the inheritance as a present whilst still alive and so that when they die they no longer own it.

2 To not delay burial but to do the utmost to bury the dead on the same day (unless a delay is in order to honour the deceased).

3 It is beautifying himself like a woman which comes under the issur of lo silbosh gever simlas ishah.

4 The end of this parshah is read for maftir on Parshas Zachor, the Shabbos before Purim.

PARSHAS KI SAVO 1 Rashi (27:24) brings that one curse paralleled each tribe. However, shevet Shimon was not counted since they were also not included in the blessings.

2 The letter Samech since the amount to give for bikurim is one sixtieth (Baal Haturim).

3 The sons of Leah and Rochel were to be placed on the mountain for the blessings while the sons of the maidservants were to be placed on the mountain for curses. However, since there were only four from the maidservants, the oldest and youngest of Leah joined them – namely Reuven and Zevulun.

4 They all deal with things that a person does in secrecy and therefore only Hashem sees and punishes the sinners. Two of the curses can sometimes be done publicly and therefore with those the passuk adds the word "beseiser", that here they are done secretly.

5 It is in order to finish the curses before the year is over to have a fresh positive start to the new year (Gemara Megillah 31b).