Oneg Behaloshecha

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North West London's Weekly Torah and Opinion Sheets

‫פרשת בהעלתך‬ 06 June ‘15 ‫י"ט סיון תשע”ה‬ For Questions on Divrei Torah or articles, to receive this via email or for sponsorship opportunities please email mc@markittech.com Now in Yerushalayim, Antwerp, Baltimore, Bet Shemesh, Borehamwood, Cyprus, Edgware, Elstree, Gibraltar, Hale, Holland, Johannesburg, London, Los Angeles, Manchester, Miami, New York, Petach Tikva, Philadelphia, South Tottenham, Radlett, Toronto, Vienna, Zurich

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Ready, Steady, Wait.

Rabbi Dovber Cowan

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If that’s how we deal with dashboard warning lights, then we evidently have more problems than just a faulty car, but do we always heed the stop signs in our everyday lives?

‫לְ ִפי ֵה ָעלֹות ֶה ָענָ ן ֵמ ַעל ָהא ֶֹהל וְ ַא ֲח ֵרי כֵ ן י ְִסעּו ְּבנֵ י י ְִׂש ָר ֵאל ִּוב ְמקֹום ֲא ֶׁשר י ְִׁשּכָ ן ָׁשם‬ ‫ ַעל ִּפי הֹ י ְִסעּו ְּבנֵ י י ְִׂש ָר ֵאל וְ ַעל ִּפי הֹ י ֲַחנּו ּכָ ל י ְֵמי ֲא ֶׁשר‬:‫ֶה ָענָ ן ָׁשם י ֲַחנּו ְּבנֵ י י ְִׂש ָר ֵאל‬ :‫י ְִׁשּכֹן ֶה ָענָ ן ַעל ַה ִּמ ְׁשּכָ ן י ֲַחנּו‬ “And whenever the cloud was lifted from on top of the tent, afterwards Bnei Yisrael would journey, and in the place that the cloud would rest, there Bnei Yisrael would encamp. According to the word of Hashem would Bnei Yisrael journey and according the word of Hashem would they encamp.” (Bamidbar 9:17-18) In our parshah Bnei Yisrael are off on their way. After receiving the Torah on Har Sinai, building and inaugurating the mishkan and preparing the camp they are finally heading to the promised land.

At this juncture the Torah reminds us that all the journeys were al pi Hashem - according to the word of Hashem and not according to the whims or desires of the people. There was no set schedule of departures with evenly spaced encampments of equal lengths. Rather, when the cloud lifted it meant that it was time to get going, even if they were still just unpacking from the previous journey. When the cloud stopped they needed to make a camp, even if they were sure there was a better spot just around the corner.

More profoundly, when the cloud remained above the tent it was a sign that they needed to stay put, even if they really wanted to get going.

The previous Slonimer Rebbe, the Nesivos Shalom, zt”l, writes that since we are all required to make ourselves into a Mishkan Me’at - a personal microcosm of the mishkan - then the cloud, the tent and the manner in which we moved on our journeys in the midbar must be teaching us an eternal message about how to “move” in our personal life journeys .

We therefore see that there are times in a Jew’s life that are full of light and clarity. These times relate to the cloud being lifted from the top of the mishkan. There are no niggling questions. No doubts and no taynas. It is easy to believe and easy to inspire yourself and others too However, Hashem also presents us with times of darkness and confusion – tough times, challenging times, times that we would rather fast-forward.

Emunah might not be as strong and it might not be so easy to inspire oneself, let alone others. These times relate to the cloud remaining on top of the mishkan giving it a darker appearance. Our natural response to such a state would be to relocate as soon as possible. Moreover, when we are not able to instantly leave the “slump” we get frustrated and sometimes angry.

The Nesivos Shalom says, a Jew needs to know that both these states – the clarity and the darkness - are both completely b’hashgachah elyonah determined by a Higher Providence. Even in the tough and challenging times a Jew has a certain tafkid – a mission that he needs to fulfill specifically at this time. His avodah is to keep serving Hashem even in the times of confusion and darkness, as much as he was serving Him during the times of light and clarity.

But even more than that, just as the cloud covering the tent was a sign to stay put, so too, these challenging moments in our lives are a sign from Hashem saying: “Stop! Don’t cut the dashboard wire and drive on because right now this is where you are meant to be.”

There is a reason why Hashem wants us to be where we are and there is great potential to find purpose in every moment. Perhaps it is because we need to work on ourselves. Perhaps there are questions that need to be asked. Seek the etzah. Be real to yourself and fix what needs fixing. Hashem is with you even here and there is no need to be afraid.

And then, once we have fulfilled the ratzon of Hashem in the spot that he has told us to wait, the self-same cloud that challenged us to grow, lifts up from our “mishkan”, providing a new level of clarity and purpose and leads us onwards and upwards to the next level in our life journey.

‫ַעל ִּפי ה' י ֲַחנּו וְ ַעל ִּפי ה' י ִָּסעו‬ The message is powerful. The message is eternal. Serve Hashem wherever you are because even here you have a unique job which only you can perform.

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1. Toward which direction did the wicks of the menorah burn, and why?

PARSHAH

‫מוצש’’ק‬

PSYCHOLOGY

The Power of the Present

Rabbi Yaakov Barr MSc (CBT), Pg Dip, BABCP (accred)

2

Psychotherapist in private practice in London specialising in Cognitive Behaviour Therapy

The Power of Now — Turning off the Auto-pilot I once heard a lecture by a psychologist who dealt with terminally ill patients. He explained that a key aspect of his work was to help provide a sense of “now” for the dying, to enable them to make the most of their time. His mission was to help them to live their life with purpose, dignity and support, to make the most of the present, rather than getting too caught up with regrets over the past or fears for the future. His work is clearly worthwhile and valuable. Yet I was left wondering why so many people wait till the end of their life to learn how to make the “now” so important.

Most of us find that our mind is very rarely in the present. In fact a recent study I read shocked me. It found that people spend half their waking hours thinking about something other than what they’re actually doing.

This mind-wandering typically causes unhappiness. We are happiest when our minds are focused on what we are actually doing, but seldom does this happen. We find it difficult to experience what’s happening in the present because we are too busy thinking about what needs to be done tomorrow or being distracted by thoughts of what happened yesterday. At its most extreme, worrying about the future can lead to anxiety disorders, whilst lamenting over the past may cause depression.

When we let our minds wander like this, we perform many activities on auto-pilot. Have you ever opened a cupboard to get something out, but not been able remember what you wanted? You have probably laughed (or cried) when you discovered your shopping bag filled with everything except the item you went out to buy. I was recently doing some written work and looked forward to having a nice cup of coffee at the finish. When I started drinking the long-awaited coffee, I found myself thinking about the rest of the tasks that I had to complete that day. For a moment, out of the blue, I came to my senses and was struck by the empty cup in my hand. “Did I just drink that? I must have, but I can’t remember drinking it.” That whole coffee experience, which I had looked forward to, had gone past without my noticing it. In this way, little by little, moment by moment, life can slip by without us being fully there for it.

Our Yiddishkeit is also a victim of our auto-pilot. Ideally we should be fully connected to Hashem during tefillah and in our performance of mitzvos. However, the reality is that our mind usually takes a different path, resulting in our avodas Hashem being lifeless and habitual – “mitzvos anashim melumodo" (Yeshayahu 29:13). There is a story of a man who, upon concluding his shemoneh esrei saw his Rebbe approaching him.

The Rebbe stretched out his hand and welcomed him back home. The man was surprised and told the Rebbe that he must have made a mistake - he had not returned from any journey. But the Rebbe replied that he had observed him during the shemoneh esrei and could see that his daydreams had clearly taken him on many journeys, far far away.

So what’s the solution? Imagine there are two children in the back of a car, Reuven and Shimon and their parents are taking them to a theme park which is a three hour drive away. Reuven has one aim, to get to the theme park as fast as possible. He’s sitting on the edge of his seat whining every few minutes, “are we there yet?” “I’m bored.” Shimon has two aims: to get to the theme park as quickly as possible and to appreciate the journey. Shimon looks out of the window and notices all the fields full of cows and sheep. He watches the giant trucks zooming past in fascination and he waves at friendly pedestrians. He is not at all frustrated, but is

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enjoying the journey experience. Now, if the car breaks down and the kids never get to go to the theme park, which child has had the most enjoyable journey?

What Shimon is doing is something called mindfulness. Mindfulness is a concept which is revolutionising the world of psychology and has now been endorsed by many governments as a treatment for anxiety disorders, recurrent depression, addictions, insomnia and chronic pain. It is also a proven antidote to living on auto-pilot. Mindfulness is the practice of fully paying attention to the present rather than allowing our minds to be constantly in the past or the future. It is a capability that we already have, it’s just been a bit neglected and underdeveloped. By using all our sensory abilities, to fully connect to aspects of our everyday life, we can prevent our life from just slipping by.

Everyday activities provide us a fantastic opportunity to start practising our awareness. Given that eating is a pleasurable activity, why not take time to appreciate it fully? Instead of wolfing your food down, slow down and deliberately pay attention to each aspect of your experience. Pretend you are a toddler who is eating for the first time as you slowly take in the appearance, smell, feel and taste of the food. Next time it’s sunny (whenever that may be) take a few minutes to stay in the moment and to appreciate the warmth and the light. Notice how everything brightens: houses, flowers, trees, the sky and people. Go for a walk, listen to the birds and notice how the sun feels against your skin.

Even mundane and familiar activities can be experienced differently if we can pay our full attention to them. To try this for yourself, let’s do the following exercise right now. In this exercise the aim is to take a fresh look at the Oneg Shabbos in your hands, to see it with “new eyes.” Imagine that you are a curious scientist or a small child who has never seen an object like this before. Feel the weight of it in your hands. Run your finger slowly down the page and notice its texture. Bring the open pamphlet to your nose and smell the paper. Slowly turn a few pages and notice the sound it makes. Look at the front cover. Notice how the light reflects off the surface. Now look at this page and notice the way the text has been put together. How did you find this whole experience? Did you notice how your mind was fully engaged in the present? You have been reading this for quite a while and have probably never noticed these details. When we slow down and use all our senses to tune into the present moment, we can open ourselves up to new ways of feeling and thinking.

Sara was what you might call a worrier. Whether it was preparing for Yomtov or going on vacation, she always found herself worrying about the worst case scenarios. Now that she was about to marry off her first child, she was determined not to allow her anxieties to ruin the simchah.

By learning how to focus fully on the little things each day, no matter how trivial the task, Sara was able to stay in the present moment more often. This gave her some much needed respite from her tendency to pre-live the future.

She was also able to avoid all the tasks she would normally do to avoid the imagined catastrophes that her thoughts conjured up. She did the same on day of the chasunah, and she actually enjoyed an occasion for the first time she could remember.

Making an effort to notice, experience and appreciate our Creator, people, the good things in life, the small pleasures, and activities that make a positive difference to us, is in itself being mindful. If we can work on turning off the auto-pilot for at least a few minutes each day, we allow ourselves fully to enjoy the richness of life’s journey. Let me conclude with an old saying: Yesterday is gone. Tomorrow has not yet come. We have today. Let us begin.

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2. From what material and in what manner was the menorah made?

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FEDERATION

Dinei Torah: Representation

‫קהלה קדושה‬ ‫חברת‬ ‫בני ישראל‬

Rabbi Doniel Grunewald

3

Federation of Synagogues this is debatable, as good Dayonim will be able to clarify the halachic issues without help from the To’ein, many Botei Din will be willing to give proper consideration to all such submissions.

People often wonder whether they require representation or help from a To’ein (Rabbinical Advocate) or lawyer when attending Beis Din. To understand this issue, one must first appreciate the nature of the Halachic ‘legal system’.

All legal systems, fundamentally, fall into one of two categories – adversarial or inquisitorial1 - and in each of these two systems the judiciary has distinctly different obligations. In an adversarial system, the presentation of both the legality and the relevant facts are the responsibility of the advocates, and the judge is somewhat of a referee to decide who presents the most compelling legal case. In the inquisitorial model, on the other hand, the court itself must enquire and probe, to uncover all relevant factual and legal information.

In this country, the civil law system is primarily adversarial, so that the litigant himself carries much of the burden of presenting his legal case. Consequently, engaging a professional to do it for him may be of critical importance. Halocho, however, is a much more inquisitorial system2, so that this is certainly not the case3.

Ba’alei Din (litigants in halachic terminology) need simply to present their case as clearly, truthfully and accurately as possible.

For this reason, Rabbi Moshe Feinstein did not generally encourage the use of Toanim or other representatives.

Nevertheless, there are certainly specific situations in which an advisor or representative – or possibly a knowledgeable and clear-thinking friend or relative – may be a good idea, and the following may serve as useful guidelines: 1. Pre-litigation advice is generally to be recommended. It is very difficult for any Ba’al Din to be objective about the strength of his case, and objective advice can sometimes save a person much money and heartache by avoiding Beis Din altogether. I myself once witnessed a Din Torah in which I am sure that the Nitba (respondent) would have saved himself more than £10,000 by accepting an out-ofcourt settlement that had been offered several months before the matter eventually came to Beis Din. 2. Often, people benefit from help organising relevant information so as to clearly and concisely present their case. Likewise, Ba’alei Din with a giving nature may somehow admit – particularly under pressure – to more than they truthfully ought to, and prior discussion can prevent this.

3. Occasionally people have halachic rights of which they are unaware, but which are entirely reasonable.

4. In some cases, a skilled individual or professional may, through detective work, uncover facts, such as transactions, which have a significant bearing on the case.

5. Even when otherwise unnecessary, it is often advisable to have a To’ein simply because the other side has one; so as not to be overwhelmed or somehow manipulated by a forceful advocate4.

6. Finally, one might utilise a To’ein simply to offer halachic arguments or sources in one’s favour. Whilst the value of

Notwithstanding these possible benefits, one who is considering engaging professional help of this sort must surely reflect upon the famous mishna in Pirkei Ovos (1:8) which states: Al ta’as atzmecho k’orchei hadayonim. Roughly translated, this mishna is usually understood to mean that one should avoid behaving as lawyers tend to behave5.

Unfortunately, it is not easy to pinpoint the meaning of this dictum with precision, and various different approaches are to be found. The mishna may be reflecting a very stringent approach, warning against using Toanim even for the benefits enumerated above. From the Rambam in Mishneh Torah, on the other hand6, it seems that the Mishna is merely cautioning against Dayonim compromising their impartiality as if they were advocates.

According to this second understanding, it would be completely in order for advocates to act as advocates!

From the Rambam in Peirush Hamishnayos, however, as well as one explanation offered by Rashi, it seems that this mishna is prohibiting anyone from coaching Ba’alei Din to give particular devious answers when challenged by a Dayan by particular questions. Essentially to this view, the mishna is warning us that professional services of this sort – which can give insight into the mind set of the Dayonim – carry with them a dangerous temptation to be economical with the truth or subvert the Din in other ways7.

As a closing thought, it has been only a few days since we experienced the beauty and power of the Yevorechecha Hashem V’Yishmeracho which we heard from the Kohanim on Yom Tov – and we were again reminded of it in the Krias HaTorah of Parshas Nosso. As Rashi explains, this first phrase of Birkas Kohanim asks Hashem to bestow a brocho on our material and financial assets, and then to guard them from harm. May this shemira bestowed on us by the Kohanim protect us from disputes, so that our learning about Dinei Torah – fascinating as it is – remains in the realm of theoretical Torah Lishma!

1 This is a well-established distinction discussed in many sources.

2 See Professor Eliav Shochetman’s magnum opus Seder Hadin b’Batei Hadin HaRabbani’im, Introduction, page 11.

3 In fact, one may well argue on the basis of halachic sources that representation was historically not the norm and was not seen as a halachic ideal; see, SMA and SHACH on Choshen Mishpat 124:1. Aruch HaShulchan there, however, makes clear that, today, the custom is to regard it as completely acceptable.

4 It should be noted in this context, however, that, in such situations, even the Dayan may assist the Ba’al Din to a limited extent. This is known as the principle of Pesach Picha L’Ileim, and is stated by the Rambam in Hilchos Sanhedrin 21:11. Rambam further explains that the Dayan must take great care not to do this to too great an extent.

5 See my discussion of one possible aspect of this in this publication, several weeks ago.

6 Hilchos Sanhedrin 21:10, and see Radvaz there.

7 Though the Rambam’s approach in Hilchos Sanhedrin should probably be regarded as the normative understanding of the Mishna, it would certainly seem wrong to coach Ba’alei Din in this way because of the clear lack of integrity involved.

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3. Moshe was commanded to cleanse the Levi’im by sprinkling on them “mei chatas.” What is “mei chatas”?

4

Dr Yossi Adler The dangers of smoking have become increasingly clear over the last 40 years and the proportion of smokers in the UK is now only about 16% of the general population – with the significant fall in the last 20 years reflecting the general recognition of the health risks involved. While I have no figures for the chareidi community in the UK the incidence of smokers in the male chareidi community in Israel is thought to be higher than the national average of 25%.

In the UK 100 000 deaths annually are attributed to smoking and it calculated that a regular smoker has a 50 % chance of dying from an illness directly attributed to their smoking [primarily lung cancer, chronic obstructive lung disease, heart disease or other circulatory disorders, but the incidence of many other cancers is also higher in smokers including mouth, throat, larynx, oesophagus, stomach, bladder and kidneys].

There is also an increase in diseases causing chronic disability especially chronic lung disease, as well as, for example, a doubling in the risk of dementia in smokers.

It is estimated that on average long-term smokers reduce their life expectancy by 10 years and that whereas a non-smoker currently has an 80% chance of living past the age of 70, a long-term smoker has only a 50 % chance of reaching that age.

The dangers of passive smoking have also become apparent. Non-smoking spouses of long-term smokers have a 25% increase in lung cancer and heart disease compared to a control population. Children of smokers have an increased risk of ear infections and respiratory disease.

Do these statistics influence the Halachic status of smoking?

The Gemara [Chullin 10a] says chamira sakanta me’issura ‘we are stricter in cases of doubt about danger then we are in cases of doubt about other issurim’. The Rambam writes [Hilchos Rotzeach 11: 5] that the chachamim forbade many activities because they are dangerous and anyone who goes against this and asks ‘what difference does it make to others if I endanger myself?’ receives makkas mardus. However, the Beis Yosef [Yoreh Deah siman 116] clearly states that his intention is that there is in fact an issur d’Oraisa to undertake these activities. This is paskened in Shulchan Aruch [427:8] where it states that it is a mitzvas asei to remove and guard oneself from any obstacle that could endanger life on the basis of the passuk ‘hishamer lechah u’shmor nafshecha meod’ [Devarim 4:9]. The Sefer Chasidim [675] writes that if someone walks on the ice in the winter and drowns, he is accountable for causing his own demise.

Based on a gemara in Brachos 29, the Noda Bi’Yehudah [49, Yoreh Deah 10] writes in a discussion on hunting that someone who endangers themselves goes against the mitzvah d’Oraisa of v’nishmartem meod l’nafshosechem but also causes all his aveiros to be recalled and causes Hashem to be filled with anger against him – perhaps something to consider each time one lights up!

Based on all this there would not seem to be much of a question about the halachic status of smoking. What then is the basis for any doubt about this?

The Gemara in several places discusses dangerous activities which have become common practice. Examples include blood-letting on a Friday when the mazal of Mars predominates [Shabbos 129], blood-letting or performing bris milah on a cloudy day when one does not have the protection of the North wind [Yevamos 72] and eating grapes or figs at night even though they may have been contaminated [Avodah Zarah 30]. In all these cases the Gemara invokes the principle of ‘Shomer pesayim Hashem’ - that Hashem “protects the foolish” [Tehillim 116]. In a pivotal teshuvah written in 1964 Rabbi Moshe Feinstein, zt”l, invoked this principle to say that one cannot forbid smoking [Iggros Moshe, Yoreh Deah Vol 2, 49].

On Shabbos, one must do melachah to save a person’s life, even if there is only a small chance of being successful. How then can we ignore the serious health risks which accompany smoking? The Binyan Tzion [siman 137] suggests that the need to take even remote risks into account only applies when the risk is immediate. When the risk is one that will only occur some time later, one can invoke the principle of ‘Shomer pesayim Hashem’. If not for this, he argues, how could one put oneself at risk by going on a sea voyage which carries a small but definable risk? However, since when boarding the ship there is no risk, it is permitted to do so and one does not have to consider future consequences unless they carry more than a 50% risk. The Shu”t Achiezer [siman 23] vehemently disagrees with this argument, asking how he can use

his own svarah to justify putting lives at risk. He argues, as do many other poskim, that it is simply a question of degree of risk. The risk of a sea voyage, or the activities mentioned in the gemaras above, is so remote that they need not be considered.

In Kovetz Shiurim, Kesuvos 136, Rav Elchonon Wasserman, Hy”d, argues that the heter of Shomer pesayim Hashem only applies to everyday activities which everyone does. In these cases it is considered as if a person has no reasonable alternative and therefore merits Divine protection.

Rabbi Waldenberg, zt”l, in Tzitz Eliezer [Vol 15, siman 30] argues that Shomer pesayim Hashem can only be invoked if one sees that, in fact, the outcome is generally favourable. Going on a sea voyage or engaging in the listed activities does not usually end in disaster. However, the very fact that we see so many people being damaged by smoking proves that this protection is not operative in this regard.

Based on all the above explanations of Shomer pesayim Hashem, it would seem that only the approach of the Binyan Tzion would leave any place for leniency with regard to smoking. Even this is doubtful if we consider that 50% of smokers are thought to suffer severe damage to their health from smoking. Since it is now a practice indulged in by less than 20% of the general population, it seems doubtful that Rabbi Elchonon, Hy”d, would consider it a minhag derech eretz.

It is interesting to note that even as late as 1981, after the Surgeon General in USA had issued his first warnings, Rabbi Moshe Feinstein reiterates his permissive view, [Choshen Mishpat Vol 2, siman 76] stating that only a small minority of people are damaged by smoking. He contrasts the list of activities which the Rambam forbids in Hilchos Rotzeach to those which he simply says one should distance oneself from listed in Hilchos Deos reasoning that the latter are less dangerous and arguing that smoking should be included in the latter list. Nevertheless it seems more than likely that he would have modified his view in light of the weight of evidence available today which firmly places smoking in the former forbidden list.

The change in attitudes over time is clearly seen in the teshuvos of Rabbi Ovadia Yosef, zt”l, [compare Yabia Omer, Vol 5 siman 39 which is quite permissive, to Yechave Daat, Vol 5 siman 39 which is strongly prohibitive] and Rav Waldenberg, zt”l, [compare Tzitz Eliezer, Vol 1, 20:3, published in the 1950’s which discussed smoking on yom tov, but makes no mention of a general prohibition to Vol 15:30 published in 1982, which is the first major teshuvah to strongly prohibit smoking.] In that teshuvah he emphasises that everyone has responsibility to discourage others from smoking and points out that the Chafetz Chaim at the turn of the century already decried people who allow themselves to become addicted to smoking and then cannot stop even though they are weakened by it. He also quotes the Be’er HaGolah [Vol 40:427] who says that someone who endangers himself is as if he despises the will of his Creator and does not want His service or His reward and there is no greater contempt than this.

In 2004, a kol koreh imploring people not to smoke was signed by the gedolim of Eretz Yisrael at the time: Harav Eliashiv, zt”l, Harav Michel Yehuda Lefkowitz, zt”l, Harav Moshe Shmuel Shapiro, zt”l, and l’havdil bein chaim l’chaim, Harav Aharon Leib Steinman, shlita, Harav Nissim Karelitz, shlita, and Harav Shmuel Auerbach, shlita.

Finally in one of his later teshuvos Rabbi Wosner [Shevet HaLevi Vol 10, siman 295] states that there is an issur gammur to start smoking and someone who is already addicted is obliged to make every possible effort to stop. He says that it is absolutely forbidden to smoke in a public place or for newspapers to advertise cigarettes. He stresses that it is an absolute obligation on the Rabbanim to publicise the dangers and to strongly discourage their followers from smoking.

Unfortunately the power of addiction is such that I doubt that many people will stop smoking after reading this article. However, we should, at least, do everything in our power to stop young people from taking up smoking. This applies especially to bnei Torah who are so medakdek in all other areas of halachah and who set a terrible example to impressionable youngsters when they smoke in public. HaRav Shach, zt”l, is reported to have said that before he stopped smoking he could not imagine learning a Tosfos without a cigarette. After he stopped smoking he could not understand how he managed to learn a Tosfos with a cigarette! True gedolim are able to exercise this self control - our duty is to try to emulate them!

I would like to acknowledge an article written by Rabbi Yehuda Spitz on smoking and halachah and published by Ohr Someach institutions for much of the source material for this article

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HALACHAH MEDICAL

Is There a ‫( היתר‬leniency) to Smoke in this Day and Age?

4. Which three “t’nufos” (wavings) are in the parshah?

Rabbi Avi Wiesenfeld

Rosh Kollel, Yerushalayim and Rav at Kav Halacha Beis Horaah

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Working On Shabbos….

Can It Really be Allowed? Part 2 Last week we started discussing how it is possible that some people are actually allowed to work on Shabbos, and we explained the prohibition of ‘schar Shabbos’ profiting on Shabbos. This week, we are going to divulge some of the secrets about which type of profiting on Shabbos may be permitted…

For example, if one pays his workers for a week’s work, even though one day of the week was Shabbos, it is permitted to pay/receive the money since it is not an individual payment just for Shabbos, but one sum for the entire week.

However, this leniency has unfortunately become confused. People assume that if, for example, one has a babysitter who babysits on Shabbos afternoon and Sunday afternoon, if the pay is calculated by the hour [as is the common case], as long as one pays the amount due in a lump sum, it is permitted because the Shabbos money has been “swallowed up” by the weekday money. This is not the case, because the leniency does not cover an accumulation of different payments made at one time.2 It is one payment for one job (that may have been done at different times).

So what is the permitted way?

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For Example: •

If you have a regular babysitter who you pay a set wage per week/ month for babysitting done on Shabbos and during the week, i.e., if you don’t need the babysitter’s services on one day, you will not deduct any money – this is permitted, since the money is not specifically for the Shabbos babysitting.

•

If a father pays a rebbi/tutor to learn with his son, both during the week and on Shabbos, if the rebbi/tutor gets a monthly/weekly sum, he may be paid even though included in that money is his wages for Shabbos since no money is being paid specifically for Shabbos.

•

A caterer may be paid for making a Kiddush on Shabbos even though most of the work is done on Shabbos, since setting up and cleaning is done before and after Shabbos.

•

A waitress may be hired to help serve at a Sheva Brachos or BarMitzva seudah on Shabbos if they come before Shabbos to start preparations or after Shabbos to wash up even though most of the work is being done on Shabbos.

PERMITTED METHOD #1 There is a method that allows one to accept (or pay) money for a service done on Shabbos. This is called havla’ah. This means that the money is not exclusively for work done on Shabbos, rather it is “swallowed” up in other money.1

HILCHOS SHABBOS

The Weekly Halachic Conversation

However, the work done before/after Shabbos must be substantial enough in order to allow it. A meaningless, small act done before Shabbos is not sufficient.4 For example, when hiring a waitress, one cannot ask them to perform a very small, meaningless activity before Shabbos and consider the money paid to be going on both before and during Shabbos.

Q. Is preparation that is done during the week sufficient to be considered that he worked before Shabbos, thus allowing him to receive payment? An example of this would be someone who is paid for leyning – the payment is for the preparation during the week, not the actual leyning on Shabbos.

A. Yes.5 Provided that one stipulates that one is paying for that preparation.6

In order for a payment to be permitted, it has to be an overall payment for a specific period of time eg a month, a week, and not reflective of the number of hours or occasions worked for the job.

When this is the case, the money may be paid, even if some of the work was done on Shabbos, since this type of payment shows it is not solely for work done on Shabbos, but for both work done during the week and on Shabbos, which is permitted.

The deciding factor is whether you would deduct money if the worker took a day off during the week/month as long as the job was completed.

If you would not deduct money, then the payment is an overall payment and is permissible.

However, if one would deduct money from the total sum because he did not work one day then this shows that it is a daily sum, which is forbidden.3 .‫ לשון רש"י מס' בבא מציעא דף נח‬1 .‫ מ"ב ס"ק כ‬,‫ מג"א סי' שו ס"ק ז‬2 .‫ ועי' בחי"א כלל ס דין ח‬.‫ מ"ב ס"ק יח‬,‫ מג"א ס"ק ז‬3

Q. May one hire out items for Shabbos and receive payment for them after Shabbos?

A. If one hires/rents out utensils for Shabbos e.g., for a Kiddush or Sheva Brachos, one may accept payment for the rental provided that the rental period includes some time either before or after Shabbos. For example, setting up before Shabbos. If this is the case, the payment is one payment with a mixture of weekday and Shabbos payments which, as stated earlier, is permitted.7 We have now discussed many cases, but there are still many examples left unanswered, such as staying at a hotel for Shabbos, selling things online, etc. Next week, we will introduce the next permitted manner to pay for work done on Shabbos…. ."‫ וע"ע לשון המ"ב ס"ק כא "איזה שעות‬.‫אורחות שבת ח"ב עמ' שעא‬ ‫ וכן שמעתי מהגר"ע אויערבאך‬.‫ב‬-‫ שו"ת שבט הקהתי ח"ב סי' קג‬,‫ ערוה"ש ס"ק יב‬,‫אשל אברהם (בוטשאטש) סי' שו‬ .‫ ויש מחמירים בזה עי' שו"ת הר הכרמל או"ח סי' ד‬.‫שליט"א‬ ‫ הקשר שליט"א הוסיף שאע"פ שאם החזן או המגיד שיעור היה‬.‫ וידידי הרה"ג ר' א‬.‫שמעתי מהגרפ"א פאלק שליט"א‬ ‫ מ"מ לכא' אין זה ראייה שכל הכסף הוא עבור‬,‫חולה בשבת ולבסוף לא התפלל או לא מסר השיעור לא היו נותנים לו כלום‬ .‫השיעור ולא עבור ההכנה דלכא' הוה כעין תנאי‬ .‫עי' מ"ב ס"ק כא בשם החי"א‬

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5. Why did G-d claim the first-born of the Jewish People as His possession?

EDUCATION

GROW UP…PLEASE!

Rabbi Dr David Roth

Child & Educational Psychologist Co-founder of Legadel

6

Rabbi Chaim Vital brings the idea that the briah, the world of Creation, consists of four categories: domem (inanimate objects such as stones), tzomeach (sprouting but stationary organisms eg plants and trees), chai (active living organisms – animals) and medaber (speakers - humans).

Hashem continually provides sustenance at each moment to keep all these components alive, as we say in davenning “v’Atah mechayeh es kulam - and You [constantly] give life to them all.” As the Sefarim explain, the creation and sustenance of this world is an ongoing phenomenon through the flow of Hashem’s G-dliness which permeates and imbues existence into the life of all Creation.

Yet we find in Chazal that, ‘For each and every blade of grass there is a malach – an angel which taps it and commands it, “Gedal - Grow!” There is an obvious question – why is grass, tzomeach, the only element of creation which needs this mechanism to fulfil its objective? We do not see anything similar for any of the other categories.

I do not have a definite answer, but I would like to suggest that Chazal are teaching us a fundamental lesson.

Of course, Creation, in its entirety, exists and is sustained by the G-dliness which permeates its every fibre. However, for some reason, tzomeach is unique in that it needs a personalised coach whose consistent prompting directs it to fulfil the objective for which it was created - growing.

Rabbi Yerucham Lebovitz, the renowned mashgiach of Mir, is said to have come into the Yeshivah after a walk in the woods and asked his talmidim, ‘Die gantzer briah alts vakst –vos iz mit enk? Everything outside is growing –what about yourselves?’ Rav Yerucham was saying that even as medabrim, we still possess an element of tzomeach and must ensure that we do not stagnate, but rather continue to grow spiritually.

As the passuk says ‘Ki ha’adam eitz hasadeh’, - which as the Shelah Hakadosh and other sefarim explain, means

that a man’s existence is compared to a tree, which has the capacity and is destined to grow.

In a way our need to continuously be in a state of tzomeach and spiritually thrive, represents our fight against Esav. Rashi says the word ‘Esav’ comes from ‘osuy kulo’ – ‘fully made and complete’. Esav represents the one baby in history who was completely formed at birth. He had no interest in following through all the phases of development which a normal child goes through. He viewed his being as a finished and complete product. However, in contrast, our lives as Klal Yisrael are very much characterised by fighting complacency and cherishing life as a means of spiritual growth in which we can become better people and grow closer to Hashem. This is the life modelled by our Avos about whom as the Midrash comments (with specific reference to Avraham) ‘Nisayon achar nisayon – gidulin achar gidulin’ - ‘Challenge after challenge, growth after growth’. Perhaps it is the same Esav who cannot fathom the quality of growing from challenge to challenge, who resisted the avodah in the Beis Hamikdash and was happy to sell it for the bowl of lentils. Esav is not interested in tediously working through any process which could improve who he is and bring him closer to Hashem.

As members of Klal Yisrael we are aware that in order to activate our own growth, we must follow the course of Torah and avodah which enables us to overcome our nisyonos and thereby grow ‘Gidulin achar gidulin’. Ultimately, the Torah is our coach which teaches and directs us, ‘Gedal’!

Just as every blade of grass has its own malach telling it ‘Gedal’, likewise, every child has its own designated ‘malachim’ to facilitate its growth in Torah, Yiras Shamayim and Middos Tovos. In our role as parents, it is not quite enough to simply tell our children each day ‘Gedal!’ or ask them ‘when will you grow up?’ By modelling to them what constitutes true growth al pi Torah, we become their angel designated to tap and prompt them into their own course of growth. B’ezras Hashem in following weeks we will continue to focus on how as parents we can become that malach and competently coach and cultivate our children’s development.

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6. Why are the words “Bnei Yisrael” repeated five times in verse 8:19?

AVI & ALISON

PARSHAH

What Makes A Real Leader

Rabbi Amram Landau

Hasmonean High School

7

Towards the end of this week’s sidrah, we

The answer can be found in the passuk where it

see a remarkable episode, involving two

tells us of the report – Eldad u’Meidad misnabim

mysterious characters – Eldad and Meidad,

bamachaneh – what does it mean that they were

who prophesy…something. Yehoshua -

prophesying in the camp? Where else?

incensed about their words – asks for

If you look all the way back in Shemos, when

permission to silence them: "Adoni Moshe

Moshe was born, we find that the reason that

kla’em - My lord Moshe, restrain them!"

Pharoah’s daughter named him Moshe (and

Moshe responds with the words, “If only

significantly, of all his 10 names, the one by

the whole of Hashem’s people would be prophets, that He would put His spirit upon them.”

which we know him was his Egyptian appellation – significant for this idea) was ‘Ki min hamayim m’shisihu -For I drew him out of the water’ – water which would also be his downfall, as is known

What were these words which Yehoshua was so

by all… But why ‘min hamayim – from the water’

worried about? And if they were so bad, why was

– surely just say ‘Ki mimayim m’shisihu

Moshe happy about them?

water’, just rub out the extra nun heh from the

Chazal tell us that they had uttered the phrase

– from

phrase.

‘Moshe mes Yehoshua machnis’ – ‘Moshe will die

Herein lies the secret – Eldad and Meidad

and Yehoshua will take [the Bnei Yisrael] in [to Eretz

realised that the origins of Moshe being drawn out

Yisrael]. This, of course would be why Yehoshua

of the water also hinted at his punishment – ‫במחנה‬

was upset. How could they say such things about

bamachaneh can be understood as ‫‘ = ב‬with’, ‫= מח‬

his beloved Rebbe? At the same time, Moshe knew

‘rub out’ ‫‘ – נה‬the letters ‫’נה‬. In which case we have

that he was not destined to enter Eretz Yisrael and

been left with ‫ ממים משיתהו‬mimayim m’shisihu

the fact that Eldad and Meidad were saying this,

– ‫ ממים‬stands for ‫ משה מת יהושע מכניס‬Moshe mes

meant that there more people on a high spiritual

Yehoshua machnis!

level – in his consistent altruistic manner, he was not losing anything – only seeing the good.

Moshe responded to Yehoshua – ‘if only all the people had such insight’ – indeed insight to not be

On a deeper level, I heard many years ago, an

afraid of saying something which was true, as it

astonishing idea in the name of the Vilna Gaon.

was nevuah – the words of Hashem! And indeed,

From where did Chazal derive the fact that they

Moshe was not afraid to accept the words – a real

were prophesying ‘Moshe mes Yehoshua machnis’?

leader!

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7. When a Levi reaches age 50, which functions may he still perform?

Rabbi Matisyohu Chaim Lawrence Rosh Hachaburah, Kollel Kesser Yisroel / Golders Green Beis Din

8

C. DRIVING IN ACCORDANCE WITH HALOCHOH

SPEED RESTRICTIONS 1. A driver must obey all speed restrictions on the road that he is travelling.6

General Guidelines 1. A driver should drive with utmost caution at all times, taking into account the weather and road conditions which constantly vary.

2. When driving in wet or icy conditions, a person should realise that he has less control over the vehicle than usual.

3. At night-time and during rainy or foggy conditions, a driver should ensure that his headlights are on – to enable him to see clearly and to enable others to see his vehicle.1 4. A driver should ensure that the headlights of the car he is driving are not too bright and that the ‘high beams’ are not switched on, otherwise he may blind other drivers (such as those travelling on the opposite side of the road or those travelling in front of him who can see the headlights of his car in their mirrors).2 5. It is prohibited to drive in any manner which endangers other people.3 6. Some examples of types of driving which Poskim classify as ‘dangerous’ are: a. Driving without a valid driving licence. b. Driving under the influence of alchohol or other similar substances which impair concentration. c. Driving when tired and unable to guarantee that one will not fall asleep whilst driving. d. Driving a car which is not roadworthy and is likely to endanger the driver, passenger or other persons. e. Driving at a speed which exceeds the speed limit in that area.4 f. Driving faster than road, traffic or weather conditions permit, even if one is still within the official speed-limit. (A driver must therefore slow down when there are road-works, slow-moving traffic or dangerous weather conditions.) g. Failing to stop where a sign or crossing indicates that one should stop to allow pedestrians to cross the road. h. Failing to stop to allow oncoming vehicles to pass. i. Driving through red lights. j. Overtaking other vehicles in a dangerous manner. k. Speaking on a telephone, sending and reading text-messages, e-mails etc. whilst driving. l. Swerving around corners and other potentially dangerous areas. m. Performing U-turns and other turns or maneuvres where prohibited to do so. n. Failing to indicate, or to pay attention to other drivers who are indicating, when moving lanes or turning corners.5 o. Chasing and racing other drivers. p. Driving without wearing glasses or corrective lense when these are required by the driver to correct his sight. ‫ עמוד רה‬,‫ספר וחי בהם‬ ‫שם‬ ‫ע' בכל המקורות המובאים לקמן‬ .‫ע' ערה"ש חו"מ שע"ח סעיף כ' והוא עפ"י שו"ת הרא"ש כלל קה אות ה והובא גם בטור שם ובשו"ת מנח"י ח"ח סי' קמח‬ ‫ספר וחי בהם עמוד קפה‬

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HALACHA DRIVING

A Practical Halachic Guide to Safe Driving (6 Part Series) - Part 3

1 2 3 4 5

2. Speed restrictions indicate a maximum speed on that road. Nevertheless, it is not necessarily safe to travel at that speed, since road, weather and traffic conditions may require a driver to drive slower than the maximum speed.7 3. A driver is therefore required to drive at a speed which is safe in that place and at that time.

DRIVING THROUGH RED TRAFFIC LIGHTS 1. It is prohibited to drive through a traffic light which is red, at any time of day or night, even when it appears that there are no other vehicles close by.8 2. Although in most circumstances it is obviously dangerous to drive through a red-light, it appears that some drivers feel that it is safe to do so when there are no other vehicles or pedestrians in sight, or when the roads are quiet during the night.9 However, this is a serious mistake, for the following reasons: a. Endangering Pedestrians: There is still a possibility that there are pedestrians present who will assume that a vehicle will stop at a red light. They will then attempt to cross the road based on the assumption that it is safe to cross. b. Endangering other Drivers: There may be other drivers nearby or within the vicinity, even if they are not currently visible. These drivers will assume that other drivers will stop at red lights when they reach them and that it will then be safe for them to proceed. They do not anticipate vehicles driving through red lights and are therefore unprepared for the sudden appearance of an unexpected vehicle. c. When a traffic light is red in one direction, there is often a green light displayed in the other direction or facing pedestrians. This serves as a positive instruction to other vehicles or pedestrians to proceed. They are therefore unprepared for the sudden appearance of an unexpected vehicle which has driven through a red light. d. Certain locations and situations are regarded by Chazal as intrinsically dangerous, despite no danger being currently present. A person is not permitted to place himself in any of these situations. Driving through a red light would appear to fall within this category.10 ‫ דיש לו דין מזיק‬,‫וא"כ ק"ו בן בנו של ק"ו כמו ניד"ד בנסיעה ברכב במהירות מופרזת‬...‫ שו"ת מנח"י ח"ח סי' קמח וז"ל‬6 ‫ וכ"פ בשו"ת תשובות והנהגות ח"א‬.‫ יש לו בזה דין רודף וכו' עכ"ל‬,‫ ואם הוא נוסע באופן היוצא מכלל שיעור הניתן‬,‫ממש‬ ‫בא תש"ס) וכ"פ במשפטי‬-‫סי' תתנ וכ"פ הגר"י זילברשטיין שליט"א והגרז"נ גולדברג שליט"א בגליון בית דוד (וארא‬ .‫ נזיקין פרק ד הע' כב‬,‫התורה סי' ל סע' ג וכן נראה דעת הפתחי חושן‬ ‫ כן הוא המציאות וכן מזהירים המומחים בספרי נהיגה וע"י אמצעי תקשורת בזמנים של מזג אויר קשה ובזמנים שיש‬7 .‫תנועת דרכים כבדה או עבודה ושיפוצים בכבישים‬ ‫ שו"ת שבט הלוי ח"י סי' רצא וז"ל וממילא פשוט דאסור ע"פ הלכה לעבור ברמזור אדום בכל הזמנים גם כשאין מכוניות‬8 ‫ הטעמים שכתבתי הם עפ"י הבנתי בפירוש יסוד הנ"ל‬.‫ דהירוס הסדר מביא לידי סכנה בנפש כידוע עכ"ל‬,‫מתקרבות ממש‬ ."‫"דהירוס הסדר מביא לידי סכנה בנפש כידוע‬ ‫ ופעם אחת ראיתי תאונה שנגרמה ע"י נהג שעבר רמזור אדום באמצע הלילה ופגע פגיעה קשה‬.‫ כן שמעתי אנשים טוענים‬9 .‫במכונית אחרת‬ ‫ ואיתא שם א"ר בא בר‬,‫ ע' ירושלמי שבת ב ו שמביא כמה מקורות למאמר חז"ל אין השטן מקטרג אלא בשעת הסכנה‬10 ‫ וע"'ש בקרבן העדה‬.'‫ למה? אלא מיכן שאין השטן וכו‬.‫ אסור להלך עליו‬,‫ אפי' רחב הרבה‬,‫ נסר שהוא מתוח מגג לגג‬:‫כינא‬ ‫ לכך לא‬,‫ אע"ג דעכשיו אין חשש סכנה‬,‫ גם המקום מוכן לסכנה‬,‫וז"ל ואם יהיה נסר רעוע ודאי מקום סכנה הוא ליפול‬ ‫ ואסור‬,‫ מבואר דיש מקומות המוכנות לסכנה אע"פ שאין הסכנה נמצאת עכשיו אלא דעלול לבוא‬.‫יעבור עליו וכו' ע"ש‬ ‫ כן ראיתי בס' עלי תמרים על‬.‫ ונראה דצומת דרכים כשיש רמזור אדום נכללת במקומות האלו‬.‫לעבור במקומות אלו‬ .‫ שוב ראיתי שנתפרסם ע"י המומחים שרוב תאונות דרכים נמצאות במקומות אלו ר"ל‬.‫הירושלמי שם‬

All references are to the verses and Rashi's commentary, unless otherwise stated.

1 2 3 4 5 6 7

(8:2) - They leaned toward the middle wick so people wouldn't say that the menorah was kindled for its light.

(8:4) - It was made from one solid piece of hammered gold.

(8:7) - Water containing ashes of the parah adumah.

(8:11) - The wavings of Kehas, Gershon and Merari.

(8:17) - Because in Egypt He spared them during makas bechoros.

(8:19) - To show G-d's love for them.

(8:25) - Closing the courtyard gates of the Mishkan and Beis Hamikdash; singing during the avodah; loading the wagons to transport the Mishkan.

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Please Dispose Of This Sheet Appropriately As It Contains Words Of Torah