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‫פרשת בהר בחוקתי‬ 16 May ‘15 ‫כ"ז אייר 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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The Six Constant Mitzvos

Rabbi Yonason Roodyn

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PHILOSOPHY

‫לעלוי נשמת גרשון בן מנחם מנדל ז"ל לעלוי נשמת צירל בת אברהם ע"ה‬

Mitzvah 4 – Ahavas Hashem (part 1) The response we are supposed to feel after having been mekabel ol malchus Shamayim with the first line of the Shema is one of love, as the passuk says ‫ואהבת את ה' אלקיך‬1. “Ve’ahavta es Hashem Elokechah – You shall love the Lord your God.” The fourth of the six constant mitzvos is therefore to develop an emotional relationship with that which we know to be true.

Whereas the first three mitzvos were more abstract and philosophical, this mitzvah is more practical, in a sense it brings things ‘down to earth’.

foods that vary in their taste, texture and style. This is the ‘grace, kindness and mercy’ of an all-loving G-d who bestows His brachos on us always.

This heightened sense of awareness and appreciation will bring us to a desire to become closer to the Source of all of that goodness.

The obvious question is ‘how can the Torah command emotions? How can it force us to feel a sense of love?’ The Rishonim answer this by telling us that the first stage of the mitzvah is to do the things that will bring us to this love, rather than just waiting for it to happen by itself. The Rambam brings two different approaches as to how we can achieve this emotional connection with Hashem.

‘‘We are commanded to love G‑d (exalted be He), i.e. to learn deeply and closely examine His mitzvos, His commandments, and His works, in order to understand Him; and through this understanding to achieve a feeling of ecstasy. This is the goal of the commandment to love G‑d.’’ The Rambam is telling us that the more we understand about Hashem’s will, the more knowledge of Him we develop, the closer to Him we feel and the more we develop a sense of love for Him.

In Hilchos Yesodei HaTorah2 he tells us that when a person focusses on Hashem’s wondrous acts and creations and recognises His infinite and unparalleled wisdom he will immediately be filled with love and praise for Hashem and he will desire to know Him… Put simply, if we take time out (as the Chovos Halevavos3 suggests we do) to appreciate the wonders of Hashem’s world, we will appreciate that Hashem constantly showers us with love and goodness. One of the best ways to do this is to stop and focus when we are making brachos, whether on food or birkos hashachar, and appreciate how much Hashem does for us on an ongoing basis. This is one reason why we say ‫הזן את העולם כולו בחן חסד‬ ‫‘ וברחמים‬who nourishes the whole world with grace, kindness and mercy’ in birkas hamazon. Rather than provide for all of our nutritional needs in one tasteless pill, the Ribbono shel Olam provides us with a huge variety of

In his Sefer Hamitzvos4 the Rambam quotes the Midrash that tells us that the way to develop this love for Hashem is to get to know Him through studying His Torah.

Talmud Torah is a mitzvah that we perform with the least physical and most spiritual part of us, namely our ‫ שכל‬sechel or intellect. It stands to reason that this would be the main point of connection between our physical selves and Hashem who is totally spiritual. The process of Talmud Torah when we apply our minds and understanding to Hashem’s word, connects us to Him and creates an even greater desire to know more and connect with Him on an ever deeper level.

There is an important second aspect to the mitzvah which includes emulating Avraham Avinu and sharing this love with others which, be”H, we will discuss in the next article.

'‫ה‬:'‫ דברים ו‬1 '‫ב‬:'‫ הל' יסוה''ת ב‬2 ‫ שער הבחינה‬3

4 '‫סה''מ מ''ע ג‬

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Why does the Torah specify that the laws of shemittah were taught on Har Sinai?

If one possesses shemittah food after it is no longer available in the field, what must he do with it?

Rabbi Michoel Jablinowitz Rosh Yeshiva Ateret Yerushalayim

2

'‫ בעשרה מאמרות נברא העולם וכו‬:‫אבות פרק ה משנה א‬ Pirkei Avos 5:1 “The world was created with 10 sayings…”

The first mishnah in the fifth perek of Avos, read this Shabbos, teaches that the world was created with 10 "ma'amaros" or ‘sayings’. This means that in the Torah’s description of the creation of the world the word "vayomer and he said’ was used 10 times (see the Gemara in Rosh Hashanah 32a). And what is the significance of this, asks the mishnah, for the world could have been created with one ma’amar. The reason for the increase in the ma'amaros is to give greater punishment to the resha'im who bring down the world which was created "b'asarah ma'amaros" and to give greater reward to the tzaddikim who maintain the world which was created "b'asarah ma'amaros".

The Chasid Ya'avetz asks the following question on our mishnah. If someone stole an item worth £10 from someone else, but the person actually paid £20 for it, would anyone think the thief should pay back the higher price? Surely he should pay £10, the actual value of the object. Similarly, if the world could have been created with one ma'amar, why is a higher price extracted from the sinner since ultimately the world was created b'asarah ma'amaros?

He answers that when the mishnah states that the world could have been created with one ma'amar, it means that there could have been one statement of vayomer Elokim and then a listing of all the creations. And had that been the case, it would have indicated that there were no distinctions among any of the creations. One statement of speech alone would have indicated a uniformity of all created beings. The fact that the world was created b'asarah ma'amaros was to indicate the complexity of creation. First, Hashem created the higher spheres, then he created the animals, and Man was created last. The asarahma'amaros indicate that there are great distinctions in creation and Man is the most unique of all in that Man alone has free will and was created to fulfill the will of Hashem.

The Midrash Rabbah in the beginning of parshas Tazria quotes the passuk in Tehillim (Chapter 139, verse 5), ‘Achor v'kedem tzartani You have created me front and back.’ The

midrash learns from this passuk that the order of creation is optional. Man decides. If he merits, then the passuk is teaching us that Man is first, ‘atah kadamtah l'kol ma'aseh bereishis You were the first of all works of creation.’ But if he doesn't merit, then we tell him that even a lowly mosquito came before him, ‘Yetush Kadmecha a mosquito was before you.’ Achor V'Kedem means last or first.

The Sfas Emes explains this midrash on a deeper level.

When the midrash quotes the passuk from Tehillim, ‘Achor v'kedem tzartani’, it is emphasizing the amazing aspect of the creation of Man. He is composed of a holy neshamah, kedem, and that pure soul is placed in a physical body, achor. When one purifies his physical nature and allows his holy soul to determine his decisions, then he merits to be considered the highest of the creations. The midrash quotes the passuk from the beginning of creation, V'ruach Elokim merachefes al pnei hamayim and the Spirit of Hashem was hovering on the face of the water’, and teaches that this is a reference to Melech HaMashiach. When man fulfills the will of Hashem, he is the highest form of creation and is considered as having been created first. But when he allows his physical desires to be his guiding force in life, then even the lowly mosquito preceded him and man is considered as being last.

The mishnah is teaching that since the world was created b'asarah ma'amaros the stakes are quite high. The world was created in such a way that man can determine his place in creation. Does he appear in the order of creation ahead of even the higher spheres? If so, he gets great reward and is maintaining the kedushah of the world. But if he follows his desires and does not actualize his potential for spiritual greatness, then he is destroying the purpose of the world and is lower than an insect. He is last in the list of creation.

We learn from here the tremendous significance of one's choices and actions. One can lift himself up to the highest possible level and, Rachmana litzlan, lower himself to unfathomable depths. The mishnah says the world could have been created with one ma'amar, but it wasn't. Man would have been deprived of his greatness. The uniqueness of man is his great potential for growth and this is a double-edged sword.

Every action we take has a great effect on us and on the world around us. Our challenge is to fulfill the will of Hashem and rise to the great spiritual heights of which we are capable.

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The Torah commands, “You shall sanctify the fiftieth year.” How is this done?

Which two “returns” are announced by the shofar during yovel?

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MiYemini Michoel

R’ Binyomin Zev Goldberg

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3

‫ִאם ְּב ֻחּק ַֹתי ֵּתלֵ כּו‬ “If you will walk in my statutes.”

The smell of food wafted gently out of the building.

Passers-by took deep breaths as they savoured the smell, before walking on. Finally, one adventurous pedestrian decided to enter the building where it was coming from and look around. He made his way in and saw a large hall with several tables set to overflowing.

Sat at these tables were men dressed in the most refined and impressive outfits he had ever seen. They each sat resplendent in their garments as they ate from the vast array of delicious foods, and by the look of appreciation on their faces, it was obvious that the food tasted as good as it smelt. It seemed, to their invisible onlooker, that this was almost a scene from the world to come… Yet, just as he had this thought, he heard the butler announce the end of the meal. Each man stood, and he noticed that each and every one of them was physically infirm. Some had minor ailments, but some were stricken with terrible maladies. In an instant, his envy turned to pity and his hunger, generated by the smell and look of the food, turned into a burning desire to look away.

The Alter of Kelm (as brought in the Sefer Lev Eliyohu – the works of Harav Elya Lopian) uses this parable to answer a question that he poses on a Midrash, a teaching of Chazal, on the above Possuk. The Midrash writes that the Possuk cannot refer to keeping Hashem’s Mitzvos when it demands adherence to Hashem’s statutes, since this point is made elsewhere. Rather, concludes the Midrash, the Possuk must be demanding that we toil in the learning of Torah, meaning to immerse ourselves in the Torah’s approach and become acquainted with the Torah perspective on things.

The Alter asks why it was that the Possuk hinted to this idea, namely that one must toil in Hashem’s Torah,

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with the words, “If you will walk?” What relationship does ‘walking’ have with toil in Torah? In response, the Alter explains that the main proof to whether a person has indeed been toiling in Torah or not comes from the way they act when the time comes for them to stop their learning and return to the outside world. When a person stands up and walks away, like the men in the above story, that is when the truth of the situation is revealed. It is relatively easy, he contends, for a person to maintain the highest standards of holiness and purity when ensconced in a shul or other learning atmosphere. This is proved by the famous advice of Chazal; “when confronted by the Yetzer Hora, drag him to the Beis Hamidrash”, since, asserts the Alter, the Yetzer Hora is more easily controlled in that type of environment. However, when a person must walk through the streets or engage in business transactions, with all the temptations for monetary gain and other negative thoughts and influences surrounding him that is the true test of a person’s toil in Torah. That is, that he has taken his toil in Torah with him and become an inherently better person because of it.

Harav Elya Lopian adds to these words of the Altar of Kelm with the following idea. He notes that the Torah only hints to toil in Torah, as in the above Possuk, by referring to toil in Torah as “Hashem’s statutes,” rather than giving a more explicit command to do so. He writes that this is because the Torah wanted a person to recognise that his toil in Torah must not be limited (and a specific command would, in some way, be considered limiting). Rather, Torah is a full time mitzvah and must be treated like other mitzvos that are incumbent on a person from when he wakes up until he goes to sleep.

That is not to say, he concludes, that a person has to learn all day, rather, a person must approach his daily life from a viewpoint of toil in Torah, constantly asking himself, “What does the Torah want of me?”

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From where does the yovel year get its name?

What prohibitions are derived from the verse “v’lo tonu ish es amito -- a person shall not afflict his fellow”?

Rabbi Avi Wiesenfeld

Rosh Kollel, Yerushalayim and Rav at Kav Halacha Beis Horaah

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Tochen – Cutting Vegetables on Shabbos Cutting fruit or vegetables involves the melachah of tochen – grinding. In the Mishkan, grain had to be crushed into a fine powder- flour - before it was baked into bread. 1 This is not limited to cutting; but also includes any form of breaking something down into smaller parts, e.g., chopping, mashing, grating etc.

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will obviously depend on the number of people for whom the meal is being prepared and how many other things need to be prepared for the meal.

ÂÂ A woman may not cut up vegetables into small pieces before

FOODS INCLUDED IN THE PROHIBITION

going to shul, or even going to simply meet her husband from shul.

Q. Are all foods included in this prohibition?

A. No, not all foods are included in this prohibition. Generally speaking, only foods that grow or are nourished from the ground are included. Foods that do not grow from the ground may be chopped or mashed as small as one wishes.2

ÂÂ Included in the prohibition: Cucumbers, tomatoes, carrots, peppers, olives, pickles, onions, mushrooms3, lettuce, apples, oranges, grapes, melons, beans, bananas, nuts, etc.

2. The Pieces Should Not be Too Small Q. How small may the pieces be cut to remain permitted?

A. The exact size to which a vegetable may be on Shabbos is subject to a great dispute amongst the halachic authorities10 [many of them stating that it is unclear as to exactly what the size is11].

ÂÂ All opinions agree that if the pieces are slightly bigger than one

would normally make them during the week, it is permitted [when done shortly before the meal].12

ÂÂ Not included in the prohibition: Eggs, cheese4, meat, chicken, liver, and fish.

These foods may be chopped, crushed or mashed even into very small pieces. However, a specialized utensil, such as a grater, may never be used. This is because, although these foods are not subject to the prohibition of tochen, nevertheless, the use of specialized utensils categorises the action as resembling a weekday activity5. See below for a list of specialized utensils.

PERMITTED WAYS Q. Is there any permitted way to cut fruit and vegetables on Shabbos?

EXCEPTION: SPECIALIZED UTENSILS Q. May one use a utensil that is specifically made for cutting/ chopping/grating?

A. One may not use a specialized utensil on Shabbos. Even if the food is eaten shortly after, or even if the food being sliced/chopped is not subject to tochen, e.g., eggs, cheese. This is because using this type of utensil is considered as doing a real act of tochen - grinding13; and additionally, using one of these utensils resembles weekday activity (Uvdin Dechol).14 •

Therefore, one may not use one of the following on Shabbos: Mincer, grater, cucumber slicer, potato masher, shredder, garlic press, salt or pepper grinder etc.

A. Yes. If one fulfills two conditions: 1. The food is eaten shortly after being cut.

•

2. The food should preferably not be cut too small.

When both of these conditions are met, the cutting may be done on Shabbos.6 This is permitted because if one does it in the above manner, it is considered a way of eating, which is permitted.7 1. Eaten Shortly After Being Cut

These utensils are muktza on Shabbos. 15

Q. Is it permitted to use an egg, cheese or meat slicer?

A. Yes. This is because an egg slicer is similar to using a few knives close to one another16, and furthermore, it is only used for foods not grown from the ground, i.e., eggs [which are not included in tochen].17 The same is true for a cheese slicer; it is simply a knife that cuts to a specific size.18

Q. How soon after being cut does the food have to be eaten to make it permitted?

•

Using any type of vegetable slicer or dicer/cuber will be forbidden because it is normally used for items included in tochen.

A. This is similar to the time span given in regards to borer.8 Consequently, one may cut vegetables for a salad close to the time when it will be eaten, even if this is done prior to the meal.9 The amount of time before the meal

•

Using an apple corer will be forbidden because of borer (since it separates the core from the apple).

.‫יב‬-‫ שו"ע סי' שכא סעי' ז‬,:‫ גמ' שבת עד‬1 ‫ והמקור לדבר שאין ג"ק ויש בו טוחן‬.‫ תהל"ד ס"ק יא‬,‫ חזו"א סי' יז‬,‫ נשמ"א ס"ק ב כלל יז‬,‫ כ' בתרומת הדשן סי' נו‬2 .):‫הוא בירושלמי פ"ז ה"ב (נא‬ .‫ כך שמעתי מהגר"ע אוירבאך שליט"א‬.‫ אבל כיון שהם ניזונים מהקרקע הוי כג"ק‬,‫ אע"פ שלא גודל מהקרקע ממש‬3 .‫ מ"ב ס"ק לו‬,‫ אפי' אם הוא קשה‬4 ‫ וע"ע באג"מ או"ח ח"ד סי' עד טוחן אות ד שכתב שרק אם עושה לחתיכות דקות הוי עובדין‬.‫ מ"ב ס"ק לו‬,‫ שו"ע ס"י‬5 .‫דחול ולא אם עושין כן רק כדי להקל המלאכה עליו‬ .‫ שו"ע ורמ"א סעי' יב ומ"ב שם ס"ק מא ומה וגר"ז ס"י‬6 .‫ וכ"כ הגר"ז שם ס"י‬,‫ כן היא הסברא בכמה מראשונים הנ"ל‬7 .‫ רמ"א סי' שכא סעי' יב עפ"י הרשב"א‬8 .‫ מג"א ס"ק טו ומ"ב ס"ק מה‬9

‫ וע"ע בבה"ל סי' שכא ד"ה המחתך שג"כ הבין מתוס' שצריך‬.‫ וכ"ה במג"א וט"ז סי' תקא‬,‫ ד"ה אלא‬:‫ תוס' שבת קיד‬10 .‫חתיכות קטנות כעין טחינה‬ .‫ בה"ל ד"ה המחתך בשם היראים‬1 1 .‫ חזו"א סי' נז ד"ה והנה‬,‫ שו"ת תו"ה ח"ב סי' קפא אות ב‬,4 '‫ הגריש"א זצ"ל מובא בעם מקדשי שביעי פ"ו הע‬12 .‫ ריב"ש סי' קסד ומ"ב ס"ק כג‬,‫ ובדבר שג"ק הטוחנו בכלי המיוחד לכך חייב מה"ת משום טוחן‬13 .‫ מ"ב ס"ק לו‬,‫ שו"ע ס"י‬.‫ אפי' בגבינה שאינה ג"ק‬1 4 .‫ קצשו"ע סי' פח ס"ה‬15 .‫ שש"כ פ"ו הע' יא‬16 ‫ וכ"כ בשו"ת שבט הלוי הובא‬.‫ שו"ת מחזה אחיהו סי' עב ס"ק כג בשם הגרי"ש אלישיב והגרש"ז זצ"ל בשש"כ שם‬1 7 .‫באוצרות בשבת פ"ה יא‬ ‫ וכ"כ להקל‬."‫ עי' שו"ת מחזה אליהו סי' עב ס"ק כג' "וכן שמעתי מהגרש"ז והגרי"ש אלישיב זצ"ל והסכימו להתיר‬1 8 .‫באג"מ או"ח ח"ד סי' עד טוחן אות ד‬

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What is the punishment for neglecting the laws of shemittah?

To what do the words “bechukosai telechu” (walk in My statutes) refer?

Rabbi Chaim Kanterovitz Senior Rav Elstree and Borehamwood United Synagogue

5

“You shall perform my decrees, and observe my ordinances and perform them; then you shall dwell in safety on your land” ( Vayikrah 25:18) The Midrash teaches in the name of Rabbi Shimon Bar Yochai that HaKadosh Baruch Hu measured all the lands in the world and found that it was only Eretz Yisrael that was befitting to be given to Am Yisrael. (Rabbah 13:2) Accordingly our Rabbis have taught that the Jewish nations dwelling in Eretz Yisrael is its most natural state of being.

In the second book of Kings (chapter 23-24) a fascinating episode is unfolded before us in regards to Elishah HaNavi. On his way up to Bet El a gang of evil young men emerge and call out to him in a disgraceful manner. Elishah HaNavi responds by cursing them. At that moment two bears emerge from the forest and devour the wicked mob. The Gemarah Sotah ( 47:a) points out that the text doesn’t say where Elishah HaNavi was at that moment. Was he in a populated area or near a forest? Rav and Shmuel argue this very point. According to the first, a miracle occurred here, yet according to the second it was much more than a mere miracle, but was rather a miracle within a miracle!

Following this wonderful Aggadic text's initial opinion that a miracle occurred, we would say that Elishah HaNavi was journeying through a forest at the time of this episode. The

remarkable and nothing short of a miracle in and of itself. Yet there is another ingredient necessary on a deeper level for us to reach our potential as Am Segulah – Eretz Yisrael, our natural habitat etc and our place of belonging. It is in Eretz Yisrael that we rise up and reach our true potential.

In relation to all we have learnt above, I heard an interesting idea in the name of the great Rav Meir Chadosh, zt”l, mashgiach of Yeshivas Chevron. Referring to the call to bachurim in Yeshivas Slobodka in Europe to journey to Eretz Yisrael, to re-establish the yeshivah in the holy city of Chevron at the turn of the 20th century, he said: most of the boys who responded to the call were of average ability in learning. Those who excelled did not leave and remained in Slobodka. Yet all those who journeyed to the Holy Land became leaders of Am Yisrael, and great teachers of Torah in a way that could never have happened had they stayed behind!

Gemarah Kesubos teaches about the love our sages had for Eretz Yisrael. Abaye for example would kiss the stones and boulders of Akko. Rav Ami and Rav Asi would learn Torah in the summer in the shade and in the winter in the sun. Rashi asks what is so unique and special about this? Surely this is human nature? However Rashi points out that because it was mentioned it must have been unusually uncomfortable for them and involved excessive effort in order to maintain their learning despite the cold and the sun. Such was their love for Eretz Yisrael that they

miracle was that bears appeared even though this was not their

refused to allow any situation even one of discomfort sway their

habitat. However the second position opines that not only were

feelings of love and adoration for the land Hashem gave us.

the bears brought miraculously into being, the forest was also created as a part of the miracle.

PARSHA

Look What Eretz Yisrael Does To Me

The great Chassidic master R’ Yaakov of Shpitovkah, zt”l, made his way to Eretz Yisrael over 200 years ago. He returned

The flow of the Talmudic discussion continues and wonders

in order to pack up his household and bring them with to settle

why it was necessary to have an extra miracle occur? Surely the

in the land of our forefathers. On his way home he became weak

bears alone would have been wondrous enough? The answer

and as he approached home he felt ill. He therefore stopped for

gives us a principle with which to understand our inherent

a while and stayed in an inn not that far from his home with the

connection with our land, Eretz Yisrael.

aim of regaining his strength. “Why do you not return home and

A bear does not have the necessary psychological and emotional strength to devour a human being if it is outside of

rest there?” the innkeeper asked him. “After all it is not far from your home.”

its natural environment. It certainly has physical strength, but to

The tzaddik’s response is most instructive: “If I return home ill

take such action it needs to draw on something deeper. The forest

and drawn people will say: look what Eretz Yisrael does to people!

was its home and its source of emotional strength. This then was

It makes them sick! However if I return healthy happy and well

the second miracle the Talmud is speaking of and a powerful

they will say look how goodly is Eretz Yisrael, that all who go

lesson for Am Yisrael too.

there beam with health and joy!"

Am Yisrael’s endurance and continued existence throughout the ages against all odds as Am Hashem is amazing and

Indeed we should all merit to dwell in safety in our land, growing in Torah with bias Mashiach Goel Tzidkeinu, Amen.

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10 What is the blessing of “v’achaltem lachmechem l’sova” (and you shall eat your bread to satisfaction)?

Rebbe Simcha Kirschenbaum Kodesh Teacher, Nancy Reuben Primary School

6

Why ‫ שמיטה‬Shemittah is important?

The parshah starts by saying, “Hashem spoke to Moshe on Har Sinai saying...’’

Rashi asks the question “What does the mitzvah of shemittah have to do with Har Sinai?’’ He answers that just as on Har Sinai the mitzvah of shemittah was explained in great detail, so to all the other mitzvos were explained in great detail.

The question is, why did the Torah have to specifically take the mitzvah shemittah to bring out this point, why did it not use another mitzvah to demonstrate this point, e.g. tefillin or Shabbos as an example?

Rabbi Yitzchak of Berditchov says that a person might look at the mitzvah of shemittah and think to himself, the reason that we have this mitzvah is because the fields and the land need to rest, therefore for six years we work hard on the fields and then in the seventh year we and the land rest. However, the Torah says this is

PARSHA

‫ ללמוד‬- THE REBBE

not the reason. We have the mitzvah of shemittah solely because

‫ 'ה‬Hashem commands us to do it.

The crucial point that we learn from this is that all the mitzvos that we have and do are purely because ‫ 'ה‬Hashem has commanded us to do them, not that you think you know why we do them.

The Gemarah in Shabbos 31a tells the story of a non-Jew who came to Shammai and asked him to teach him the whole Torah standing on one leg. Shammai then chased him out from his house with a long stick. The same non-Jew came to Hillel and asked the same question, to which Hillel told him ‫מאן דסני‬ ‫ עליך לא תעבד לחבריך‬- whatever you would not want done to you, do not do to your friend. We see from here that there are mitzvos for Kohanim, Levi’im, etc, but when everyone was standing at Har Sinai we were all one, we were be’achdus. This is what Hillel taught the non-Jew, that with love to one another you can fulfill ‫כל התורה כולה‬, kol haTorah kulah the entire Torah. So too with shemittah when the fields are free to everyone, we show our love to others and with this we can fulfill ‫ כל התורה כולה‬the entire Torah.

‫ וללמד‬- THE TALMID

Daniel Friend

Year 6, Nancy Reuben Primary School Rabbi Avraham Yehoshua Herschel, the Rebbe of Kapishnitz, once visited the home of one of his chassidim, who was known to be wealthy. The Rebbe knocked on the door and waited for a response. The chassid was surprised to see the holy Rebbe and asked him, “Why did you trouble yourself to come to my house. The Rebbe could have summoned me and I would have come at once!”

The Rebbe answered, “It is I who needs you!”

The man asked how he could be of help.

The Rebbe replied, “I know of a family that is in desparate need of help, where the wife looks after the children and her husband unfortunately has just been

made redundant. Their youngest son was born with a rare medical condition and requires surgery abroad, at a cost well above their means.”

“Rebbe,” said the chassid. “Was it necessary to travel and come all this way to see me when the Rebbe could have telephoned or written and I would have sent any sum of money required to help this family.

The Rebbe responded by explaining that this particular request is of great importance and it is therefore essential that he come to the chassid’s home personally.

The man replied, “To whom should I send the money?”

“Your brother,” answered the Rebbe.

NOTE: Oneg is looking for schools to write pages like the one above, please email mc@markittech.com if you are interested in participating.

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11 What is meant by the passuk “and a sword will not pass through your land”?

12 Mathematically, if five Jewish soldiers can defeat 100 enemy soldiers, how many enemy soldiers should 100 Jewish soldiers be able to defeat?

Doniel Levy 7

Maggid Shiur, Gibraltar On Day 1 of the Omer, Hashem makes a surprising decision1 and gives a puzzling2 reason. One possible explanation could offer an inspiring and practical lesson for us as we prepare for Kabbalas HaTorah.3

OMER

Choose Your Next Move Carefully

complained about going back to Egypt as per Hashem’s concern, they would have still continued on their way to Canaan. So what was the danger in taking them on this shorter route?

Finally, what is the meaning of a “concern” of Hashem that something might happen – ‫ ? ֶּפן‬He knows! If He knows it will happen, write “‫ יִּנָ ֵחם ָה ָעם ִּב ְרא ָֹתם ִמלְ ָח ָמה וְ ָׁשבּו ִמ ְצ ָרי ְָמה‬,‫ֹלהים‬ ִ ‫”ּכִ י ָא ַמר ֱא‬ ‘Because Hashem said, ‘ The people will reconsider when they

Parshas Beshalach introduces the embryonic nation of G-d in the aftermath of makkas bechoros as they commence their journey through the desert. “‫ֹלהים ֶּד ֶרְך ֶא ֶרץ‬ ִ ‫נָ ָחם ֱא‬-‫ וְ ֹלא‬,‫ ָה ָעם‬-‫ ְּב ַׁשּלַ ח ַּפ ְרעֹה ֶאת‬,‫וַ י ְִהי‬

see war and they will return to Egypt.’ “ And if He knows that it won’t happen, then why must that route be avoided?

R. Chiya bar Aba11 explains the passuk praising someone

‫יִּנָ ֵחם ָה ָעם ִּב ְרא ָֹתם ִמלְ ָח ָמה וְ ָׁשבּו‬-‫ֹלהים ' ֶּפן‬ ִ ‫ּכִ י ָא ַמר ֱא‬ ,‫ ּכִ י ָקרֹוב הּוא‬,‫ְּפלִ ְׁש ִּתים‬ ‫ – ”' ִמ ְצ ָרי ְָמה‬And it was, when Par’oh sent the people, that Hashem

who is "‫( "עוצם עיניו מראות ברע‬closes his eyes from seeing evil) as

did not send them through the Land of the Pelishtim [because4/

are washing their clothes and he does not look at them.12 The

despite the fact that5] it was near6, because Hashem said, “Lest the

Gemarah decides that it must be talking about where there is no

people reconsider when they see war, and they return to Egypt.”

other path. The logic: if there was a second route that avoided the

There were two main routes to get from Egypt to Canaan: through the Land of the Pelishtim7 or the ‘Derech Hamelech’8.

referring to someone who walks past a river whilst the women

women and river altogether – and he didn’t choose to go down that path – then, in the words of the Gemarah, “he is a rasha”!13

Hashem took the Jews on the longer route – delaying His nation’s

This statement is mindblowing: this person kept his eyes down,

arrival in their homeland, ultimately postponing and risking the

did not succumb to alluring temptation, passed the test – and yet

speedy fulfilment of His promise to the Avos, the building of the

he is called a “rasha”!14 Why? Simple: there was an alternative

Beis Hamikdash, and the Geulah Shelaimah that was destined to

route available. He had no business taking that test; it could have

take place9 – all for one reason: Hashem was concerned that Bnei

been circumvented.

Yisrael would want to turn around and go back to Egypt when they saw a war with the Pelishtim10.

In other words, if we knowingly walk into a test that could have been avoided, we’ve failed…even as our yetzer hara celebrates our

Questions abound. Would the Jews really have turned

frumkeit for not capitulating to the overwhelming desire we faced.

around and gone back to the land of concentration camps that

The real nisayon was thinking ahead and avoiding our Avodas

they had just left? And surely the Jews did see several wars in

Hashem being tested in the first place. That is the proper use of

the desert and never returned to Egypt? In fact, the people very

our bechirah.

often complained and threatened to go back to Egypt – and they

As Klal Yisrael began their journey through the desert they

never did! So it seems that even if they had faced this test and

were faced with two paths. The shorter route involved a test that would tempt some to return to Egypt. G-d knew, of course, that

1 See Shemos 13:17 as elaborated below.

2 See, for example, the machlokes between Rashi and Ramban ad loc, as elaborated below.

3 The connection between the passuk and the Gemarah, quoted here, and the resultant limmud, is the author’s own chiddush, which he presented to Dayan Chanoch Ehrentreu, shlita, who gave his haskamah and approval.

4 Rashi 5 Ramban 6 i.e. it was the nearest and shortest route from Egypt to Eretz Yisrael. According to Rashi (as elaborated by Ramban), the close proximity of the route to Egypt would make it too easy for the Jews to act on their impulses to return to Egypt in the event of a war. According to Ramban, the passuk is giving the reason (‫ )ּכִ י‬why it would have otherwise been logical to lead the Jews this way, were it not for the concern of ‫יִּנָ ֵחם ָה ָעם ִּב ְרא ָֹתם ִמלְ ָח ָמה‬-‫ ֶּפן‬.

7 The trade route “‫” ֶּד ֶרְך ֶא ֶרץ ְּפלִ ְׁש ִּתים‬/“Via Maris”, followed the coast of Mediterranean out of Egypt, through land of Pelishtim (i.e. Gaza, Ashkelon, Ashdod) and then through Dan and the Sharon.

8 This route, as in Bamidbar 20:17 and 21:22, was called “‫” ֶּד ֶרְך ַה ֶּמלֶ ְך‬/“King’s Highway”. It went across the Sinai desert to Eilat/Aqaba, and then up through modern day Jordan along the east shore of the Dead Sea towards Rabbas Benei Ammon (i.e. Amman) and then along the east bank of theYarden,.

9 Were it not for the Egel Hazahav, the Meraglim and other mistakes along the way, unrelated to this moment in time.

10 According to Ramban, the war refers to the Pelishtim only, and he gives reasons why it was unique. Seemingly, within Rashi, it refers to any war.

ultimately none would yield and go back. But it was a test that could be avoided entirely by choosing to take a different path.

It was Day 1 in the seven week spiritual ‘boot camp’ that would transform us from Paroh’s slaves to the nation who would subjugate our actions, words and thoughts to G-d’s Will. And Hashem had a vital lesson for us (even if it meant delaying His timetable for the Final Redemption): Choose your next move very carefully.

11 Bava Basra 57b 12 The Rishonim explain that whilst laundering, women would roll their garments up to the “shok” (knee/calf), exposing areas that are usually covered.

13 ‫היכי דמי אי דאיכא דרכא אחריתא רשע הוא‬ 14 As Rashi makes clear: ‫ ואף על פי שעוצם עיניו שלא היה לו לקרב אלא להרחיק מן העבירה‬.‫רשע הוא‬

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13

How much is “revava”?

14

Which “progression” of seven averos/transgressions are taught in Chapter 26, and why in that particular order?

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

8

The purpose of this ‫ קונטרס‬is to create an awareness of the halochos which apply to drivers. It is hoped that a familiarity with these halochos will promote an increased observance of the mitzva of shemiras haguf and safer roads for all road users.1 Chazal declare ‫‘ – כל הדרכים בחזקת סכנה‬All roads have a presumption of danger’2.

This danger is supplemented by the fact that ‫‘ – השטן מקטרג בשעת הסכנה‬The Soton accuses at times of danger’.3 For this reason, Chazal instituted the requirement to say Tefillas Haderech when travelling out of a town.4 During earlier times, the dangers on the roads were principally the risk of being attacked by bandits, the possibility of being stranded and the dangers involved in losing one’s direction.5 In today’s world, however, perhaps the greatest danger of the roads is due to dangerous driving. Although it is accepted that it is permitted to drive,6 nevertheless, we are obligated to do so in a way that is safe for all road users.

It is reported that a person came to the Steipler ‫ זצ"ל‬and confessed to him that whilst driving, he had broken one of the traffic laws and was now facing charges for a traffic offence. He requested a brochoh from the Steipler that would help ensure that he would be acquitted of any offence. The Steipler responded sharply: “Breaking a traffic regulation means that you would have endangered other people. You are therefore deserving of the severest sentence!”7 In another incident, the Steipler expelled a person from his house when he heard that he had committed a serious traffic offence, declaring that he considered the person a ‫רוצח‬.8 It is also reported that the Steipler said that when Eliyohu Hanovi comes, the first thing he will do is to prohibit the driving of cars. Harav Rav Shlomo Zalman Auerbach is quoted as saying something very similar.9 ‫ וראיתי בשו"ת שבט הלוי ח"י סי' רצא וז"ל וממילא מצוה לעורר ולהוכיח לאדם שלא ציית לתקנות שנעשו לטובתו‬1 ‫ וכל המתחסד‬,‫ והקב"ה יסיר מעמנו שוד ושבר‬.‫ מביא עצמו ואחרים לידי סכנה‬,‫ שע"י דרכיו הבלתי ישרים‬,‫ולטובת הצבור כולו‬ .‫ ויזכה לאורך ימים עכ"ל‬,‫ הקב"ה מתחסד עמו‬,‫עם הבריות‬ ‫ וכדאי להעתיק מה שראיתי בספר אהלך באמתך פרק ט הערה יב בשם ס' באר שבע‬.‫ ירושלמי ברכות פ"ד מ"ד‬2 ‫בביאור הטעם למה השמיטו הפוסקים דין לויה [של אורח] וז"ל לפי שבזמה"ז כל הדרכים הם בחזקת סכנה טפי ממה שהיו‬ ‫ וע"ש שמסתייע‬.‫ דחייך קודמין‬,‫ שאין אדם חייב למסור עצמו לסכנה בעבור לויה‬,‫ על כן אין נוהגין דיני לויה‬,‫בימי הגמרא‬ ‫ לכן נחשבים הדרכים בזמה"ז בחזקת שכיחא היזקא‬.‫ שבזה"ז איכא סכנת דרכים טפי‬,‫מדברי התוס' פרק בתרא דכתובות‬ .‫ דנתרבה הסכנה יותר ויותר‬,‫ כל שכן בזמנינו דנתרבה התנועה ואיכא כמות גדולה של רכבים‬,‫ וא"כ‬.‫וגו' עכ"ל‬ ‫ וע"ע בבלי‬."‫ד עה"פ "פן יקראנו אסון‬:‫ וכן הובא ברש"י בראשית מב‬.‫ ירושלמי שבת פ"ב ובראשית רבה פצ"א יא‬3 ‫ בשעה שעוברים על‬:‫ להזכיר עונם וזכותם) אמר ריש לקיש‬,‫שבת לב א "וגברי היכא מבדקי? (פרש"י מעשים שלהם‬ .)‫ ותו לא? אימא כעין גשר" (פרש"י כל מקום סכנה כגון קיר נטוי ויוצא לדרך‬.‫הגשר‬ ‫ תקנו חז"ל לומר תפילה‬,‫שכ' דמשום דכל הדרכים בחזקת סכנה‬,‫ ע' תלמידי רבינו יונה ברכות נד ב בשם רבני צרפת‬4 ‫ ובס' אהלך באמתך פרק ט הערה ד כ' דכבר מצינו‬.‫לדרך כשיוצא חוץ לעיר שבכל הדרכים יש לו לבקש על נפשו ע"ש‬ ‫ כדכתיב (בראשית כח כ) "אם יהיה אלקים עמדי ושמרני בדרך הזה אשר‬,‫דגם יעקב אבינו ע"ה התפלל על הצלחת דרכו‬ '‫ וגם ציין לדעת זקנים מבעלי התוס' עה"פ (במדבר י לה) ויהי בנסוע הארון וכו' קומה ה' ויפוצו אויביך וגו‬."‫אנכי הולך‬ ‫ ובס' אוצר התפילות (דף רסח ב) בעיון תפלה כ' דגם עזרא הסופר וסייעתו התפללו‬.‫שכ' שזו היא תפלת הדרך שלהם‬ .‫ מכל הנ"ל מבואר דמקדמת דנא חששו חכמינו לסכנות דאיכא בדרכים‬.‫תפה"ד בלכתם מבבל לא"י ע"ש‬ ‫ כמבואר בלשון תפילת הדרך (לפי הנוסח שנפוץ בסידורים דזמנינו) "ותגיענו למחוז חפצינו לחיים ולשמחה ולשלום‬5 ."‫ותצילנו מכף כל אויב ואורב ולסטים וחיות רעות בדרך‬ ‫ נראה לומר שהוא ע"פ מה דאיתא בספר דרכי תשובה יו"ד‬,‫ בטעם ההיתר לנהוג רכבים אע"פ דברור דאיכא סכנה‬6 ‫ וראיה מדין דארבעה‬,‫סי' קט"ז ס"ק נ"ב בשם שו"ת שם אריה ס' כז דדבר שהוא מנהגו של עולם ודרך הכרח אין לחוש‬ .‫צריכין להודות (משום שנצולו מסכנה) ואע"פ כן מותר לכתחלה להפריש בים הגדול וללכת במדבר לצורך עכ"ל‬ ,‫ וכעין זה ראיתי בקובץ שיעורים של הגר"א וואסרמאן זצ"ל הי"ד‬.)‫(ועי"ש דראוי למנוע באלו אם כוונתו רק לטייל‬ ‫ שבא ליישב מתי אמרינן דמותר להכנס לסכנה ולסמוך ש"מן השמים ירחמו עליו" שנאמר‬,‫כתובות לט א אות קלו‬ ‫ וממילא הוי כאילו אין בידו‬,‫ ות' וז"ל דאין האדם חייב להמנע ממנהג דרך ארץ‬,‫ ומתי לא אמרינן כן‬,"'‫"שומר פתאים ה‬ ‫ הוא מתחייב‬,‫ ואם לא ישמור את עצמו‬,"‫ אינו בכלל "פתאים‬,‫ אבל היכא שבידו להזהר‬,‫ ואז נשמר מן השמים‬,‫לשמור את עצמו‬ .‫בנפשו ולא יהא משומר מן השמים עכ"ל‬ .‫ וע"ש להמשך המעשה הנ"ל‬.‫ פניני רבינו הקהילות יעקב עמוד קכו‬7 ‫ ומה שקראו "רוצח" אע"פ שלא רצח‬.‫ כן שמעתי ממישהו ששמעו מת"ח אחד שהיה נמצא שם בשעת מעשה‬8 .‫ ע' פסחים ב ב ודו"ק‬,‫למעשה‬ ‫ מעדני שלמה עמוד קמה‬9

QUIZ TIME ANSWERS

HALACHA

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

Contemporary Poskim have ruled that there is a basic halachic requirement to obey traffic laws and regulations. For some reason, it appears that many drivers who are otherwise observant of Torah and mitzvos are not aware of this obligation.

Consequently, these drivers endanger their own lives, as well as the lives of their passengers, pedestrians and other road users.

This is especially evident from the increase in the number of accidents which occur during bein haz’manim, when certain bochurim, who have not driven for many weeks or months, suddenly ‘get behind the wheel’ and drive at excessive speeds along motorways and other roads.

It is indeed puzzling that with regard to mitzvos such as Tefillin and Arba Minim, individuals who scrupulously observe the ‫ חומרות‬and ‫ הידורים‬recommended by recent and contemporary poskim such as Rav Elyashiv and Rav Wosner ‫ זצ"ל‬and ‫ יבלח"ט‬Rav Chaim Kanievsky ‫שליט"א‬, neverthless remain unaware of the clear ‫ פסקים‬of these same leaders of Klal Yisroel which relate to safe driving.

The obligation to obey traffic regulations is no less important than any other mitzvos of the Torah. Moreover, Chazal declare ‫‘ – חמירא סכנתא מאיסורא‬Matters pertaining to danger are more serious than other prohibitions’, which places an extra degree of responsibility upon all drivers.10 Although undoubtedly accidents occur where the driver is clearly not at fault, we are nevertheless obligated to take all necessary precautions in order to avoid danger to ourselves and others.

Before this ‫ קונטרס‬was originally compiled, I did extensive research to locate as many written ‫ פסקים‬as possible from the written ‫ תשובות‬of the Gedolei HaDor of recent times. Some time after the original publication of this ‫קונטרס‬, a much larger sefer entitled ‫ נתיבות חיים‬was published which is an in-depth treatment of this topic. This sefer quotes most of the sources which are contained in this ‫ קונטרס‬as well as many more similar references to the ‫ פסקים‬and letters from Poskim, Roshei Yeshiva and Rabbonim in Eretz Yisroel and elsewhere. Some of these references have been added to this edition of the ‫קונטרס‬.

Each halochoh presented has been carefully researched and the sources are provided in the footnotes underneath for further reference. Whilst researching this subject, I discovered widespread consensus on almost all the matters discussed. I have therefore simply presented the rulings of the Gedolei HaPoskim as I have found them. (In a very small number of instances where it was not possible to locate an explicit ruling concerning that case, the relevant principles provided by the Poskim in other situations have been applied as appropriate and the sources recorded in the footnotes.) The reader should consult a recognised halachic authority in the event of any query.

I sincerely hope that this ‫ קונטרס‬will contribute to the safety of all road users by generating an awareness of the importance of safe driving and an increased adherance to the halochos which apply to this activity.

This ‫ קונטרס‬is not intended to replace the Highway Code but rather as a supplement to it! )11‫כל המקיים נפש אחת מעלה עליו הכתוב כאילו קיים עולם מלא (סנהדרין לז א‬ ‘Whoever preserves the life of one person, is considered by the Torah as though he preserved an entire world...’ (Sanhedrin 37a) ‫ והוא דכלל ישראל נוהגים להדר ולעשות‬,‫ ושמעתי דבר נכון מר' רפאל שטייהארט נ"י בשם ר' יונה אדלער ע"ה‬1 0 ,‫ ולגבי עניני סכנה‬.‫ ו"שמירה" משמעו זהירות יתירה‬,"‫ כיון דכתיב "ושמרתם את המצות‬,‫חומרות בענין אפיית מצות‬ ‫ כמו שמצינו שכלל ישראל נוהגים‬,‫ וא"כ‬."‫אחד מהמקורות להזהר מסכנה הוא הפסוק "ונשמרתם מאד לנפשותיכם‬ ‫ כיון דכתיב "ונשמרתם מאד‬,‫ ה"ה וכ"ש שיש להדר ולהחמיר בזהירות מסכנה‬,"‫להדר באפיית מצות מטעם "שמירה‬ ."‫לנפשותיכם‬ .‫ ע' בדקדוקי סופרים גרסת רוב כת"י וכן הוא בכמה ראשונים‬1 1

1 1. 25:1 - To teach us that just as shemittah was taught in detail on Har Sinai, so too, all the mitzvos were taught in detail on Har Sinai.

2 25:7 - Remove it from his property and declare it ownerless.

3 25:10 - At the beginning of the year the Beis Din declares, "This year is kadosh (sanctified)."

4 25:10 - The return of the land to its original owner, and the "return" (freedom) of the slave from slavery.

5 25:10 - From the sounding of the shofar. A ram's horn is called a yovel.

6 25:17 - One may not intentionally hurt people's feelings, nor give bad advice while secretly intending to reap benefit.

7 25:18 – Galus/Exile.

8 9 10 11

26:3 - Labouring in Torah learning.

26:4 - At times when people are not outside (e.g. Shabbos nights).

26:5 - You will only require a little bread to be completely satisfied.

26:6 - No foreign army will travel through your land on their way to a different country.

12 26:4 - 2000.

13 26:4 – 10,000.

14 26:14,15 - Not studying Torah, not observing mitzvos, rejecting those who observe mitzvos, hating Chachamim/Sages, preventing others from observing mitzvos, denying that Hashem gave the mitzvos, denying the existence of Hashem. They are listed in this order because each transgression leads to the next.

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