Oneg mishpatim

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OnegShabbos North West London's Weekly Torah and Opinion Sheets

‫ פרשת שקלים‬- ‫פרשת משפטים‬ 14th Feb ‘15 ‫כ"ה שבט תשע”ה‬ To receive this via email or for sponsorship opportunities please email mc@markittech.com Now in London, Manchester, Hale, Edgware, Borehamwood, Elstree, Gibraltar, Bet Shemesh, Yerushalayim, Baltimore, New York, Miami, Vienna, Toronto, Johannesburg, Los Angeles

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‫הדלקת נרות‬

‫פ' משפטים‬ ‫י''ז‬-'‫ מלכים ב' י'ב א‬:‫הפטרה‬

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The Torah Shiurim of Rabbi Frand

Rabbi Yissochor Frand

Maagid Shiur, Yeshivas Ner Yisroel, Baltimore

PARSHA

‫לע"נ הרב גרשון בן מנחם מנדל ז"ל‬

Those in a Thankless Role Deserve A Thank You The parsha begins with the words "And these are the laws which you shall place before them." [Shmos 21:1] In commenting on this pasuk, the Medrash cites the passage: "Through justice a king establishes a land, but the man of Terumos will destroy it." [Mishlei 29:4] The Medrash elaborates: If a person will make himself like the Terumah portion which is set aside from the rest of the grain and placed in the corner of the house... In other words, if a person sets himself apart and says: "why should I have to get involved in the problems of the community?" If he takes the attitude, "why do I need this hassle of community involvement?" If he takes the attitude of "I will take care of myself..." Regarding such people, the passage speaks by saying "the man of Terumos will destroy it." The Medrash then cites an incident involving Rav Assi. When Rav Assi was about to die, his nephew entered and found him crying. Rav Assi's nephew asked him, "Why are you crying? Is there any area of Torah that you have not learned or have not taught? You have many disciples who can testify to the contrary. What are you afraid of? Is there any area of Gemilas Chessed [acts of kindness] that you have not performed? And your greatest praise is that you distanced yourself from rendering judgment -– you did not involve yourself in litigation and dinei Torah and did not sully yourself with messy communal matters. What could be wrong?" Rav Assi responded, "It is for this very negligence (of not occupying myself with litigation and communal matters) that I am crying. Maybe I will face Heavenly Punishment over the fact that I could have rendered judgments for Israel and abstained from doing so." Terumah is holier than chullin [non-sacred produce]. It is set aside, on its own. The man of Terumos that the Medrash refers to is the

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person who considers himself like "Terumah." He feels that he is above the masses that are "chullin". He feels "I don't need all this" and refuses to sully himself with the needs of the common people (hamon am). "Let me do my own thing. Let me be for myself. I want to be like terumah that is set aside in the corner." This attitude, the Medrash states, is destructive. The lesson we must take from this Medrash is that not only those who are worthy to be judges must occupy themselves with congregational needs. We are all called upon, on many occasions and under many circumstances to get involved -– to become the chairman, to sit on the committee. Everyone who has sat on a committee or been involved in communal needs knows that it is full of aggravation. It is so easy to take the attitude "I don't need this." One gets involved in a shul and what does one get for it? Rarely a thank-you, only complaints! Someone was involved in putting out mimeographed divrei Torah for a shul. What did someone comment to him? "You shouldn't have printed it on pink paper!" Is there a 'yasher koach' for doing it? No! The only comment was that someone did not like the color of the paper! This is what one can expect when getting involved -– whether it is the shul or the school or the mikveh. All one can expect from involvement in any communal organization is grief. Guaranteed. That is why Chazal say that one has to do it. Regarding one who says, "Not me; I will sit in my corner, learn my daf-yomi, and send in my check, but don't get me involved," the Medrash quotes the passage "The man of Terumos will destroy it!" This is why we recite a "Mi Sheberach" (the traditional communal blessing) very single Shabbos for those "who occupy themselves with the needs of the community faithfully." Such people deserve a "Mi Sheberach"; they deserve a "Yasher Koach".

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1. What Hebrew year did Bnei Yisroel enter Eretz Yisroel?

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Rabbi Michoel Jablinowitz 2

Rosh Yeshiva Ateret Yerushalayim We read in this week’s parsha the laws of a Jewish slave, an Eved Ivri. When a Jew is sold into slavery he goes free after six years. If he decides at that point that he would like to stay on as a slave for his master, he becomes an Eved Nirtza. The owner brings him to the doorpost and drills his ear, after which he becomes the master’s slave L’Olam, or until the Yovel year. Rashi explains the reasoning for this law of boring his ear. This ear, teaches Rashi (Chapter 21, Pasuk 6), heard on Har Sinai Ki Li Bnei Yisrael Avadim. Bnei Yisrael are meant to be the slaves of Gd and nonetheless he made himself a slave to another person. This is the reason the master must drill his ear. The Chidushei HaRim asks on this Rashi why do we drill his ear if his ear didn’t do anything wrong. The wrongdoing was done by his body, by staying put and not leaving the house of the master after six years. Why punish him with his ear? The Chidushei HaRim answers that the reason his ear is bored is because since it didn’t fulfill what it heard, it might as well not hear. We damage his ear since it’s not being successful in influencing the actions of his body. The Sfas Emes adds to the words of his grandfather. We also read in this week’s parsha the famous statement of Bnei Yisrael at Matan Torah (Chapter 24, Pasuk 7), Na’aseh V’Nishma. Chazal speak about the fact that Bnei Yisrael put the carrying out of the mitzvoth (Na’aseh) before the learning and understanding the mitzvoth (Nishma). However, there is another dimension to this statement. Bnei Yisrael could have just said Na’aseh, we will fulfill the mitzvoth of the Torah, as is brought in parshas Yisro (Chapter 19, Pasuk 8), Kol Asher Tiber Hashem Na’aseh. The addition of the word Nishma, explains the Sfas Emes, adds a new dimension to the mitzvoth.

PARSHA

‫ ללמוד‬- THE REBBE

When Bnei Yisrael said V’Nishma, it represents doing the mitzvoth with a particular enthusiasm, with a Chasidus of Lifnim Meshuras HaDin, of going beyond the letter of the law. Saying we will perform the mitzvoth is sufficient. But when Bnei Yisrael say our ears will be poised and ready to hear, ready to accept upon ourselves the will of our Creator, they are showing a higher level of preparedness. They are exhibiting a willingness to understand the nuances of Avodas Hashem and not just performing the actual mitzvoth themselves. When Bnei Yisrael complained to Moshe Rabbienu and longed for a return to Mitzrayim, they said (Bamidbar, Chapter 11, Pasuk 5), Zacharnu es Hadagah Asher Nochal B’Mitzrayim. We remember the fish and the other delicacies of Egypt. They weren’t being totally wicked people. They didn’t say they wouldn’t perform the mitzvoth of Hashem. They just wanted it a bit easier. They wanted the comforts of the exile of Egypt. But they would still keep the Torah. Similarly with the Eved Nirtzah. His Na’aseh is in order, but his V’Nishma is totally lacking. He wants to stay in the comfortable confines of slavery with his master and with his wife. He isn’t interested in a situation where his ears are constantly focused on hearing the word of Gd. He is focused on his creature comforts. The status of the Eved Ivri reminds us that too often our pursuits of the pleasures and comforts in life prevent us from achieving a high level of Avodas Hashem. It prevents us from hearing the need for and adhering to a more spiritual lifestyle. The Sfas Emes adds that the slave's statement of Ahavti es Adonee, es Ishti v’es Banai (Chapter 21, Pasuk 5), is in contradistinction to the Pasuk of V’Ahavta es Hashem Elokecha B’chol Levavcha, etc. His focus of love is on his surroundings and not on his relationship with Hashem. This is why his ear is drilled; a Jew doesn’t look for the easy way out of comfort, rather he is always poised to hear what Hashem wants from him. He must put his love for Gd above his love for comfort and ease.

‫ וללמד‬- THE TALMID Gidon Addleman This week’s Parsha talks about the four parties involved in depositing objects; the Borrower, the Renter, the Unpaid Guardian and the Paid Guardian. Each of the four parties represents four different ways of viewing our relationship with Gd. The Borrower benefits from what he borrows and the owner enjoys no benefit, unless the Borrower shows gratitude to the Lender. This is equal to someone who acknowledges everything is from Hashem, however, it is their choice whether to show gratitude to Him or not. The Renter resembles the Borrower in that he prioritises the fulfilment and enhancement of himself; however, he feels that he should earn the privileges in life by serving Hashem.

The Unpaid Guardian represents the individual who feels that he was only created to serve Gd. He sees his life and all of his possessions as Divine “property” which has been placed in his trust, and he does not feel that he is owed “compensation” for his efforts. The Paid Guardian is like the Unpaid Guardian in that he sees the fulfilment of Gd’s will as the ultimate purpose of life. He differs only in that he reserves for himself a small amount of self interest. He feels that he also deserves some independence in return for his work as a guardian of Gd’s property. We should all aspire to be like the Unpaid Guardian and understand that we are only here to serve Hashem and not expect any compensation for our service.

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?? ?? ?? ?? ?? ?? ?? ?? ? ? ? ? ? ? ?

2. What Hebrew year was the start of Dovid Hamelech’s reign?

Answers can be found on back page. Information taken from The Jewish Fact Finder


Rabbi Nachman Elsant

Rabbi in Aish Gesher

3

The Gemara in Bechoros1 quotes a challenge made by the Elders of Athens to Rebbi Yehoshua. “Imagine a bachelor who is looking for a wife and enters a gathering,” stated the Elders. “Which woman will he pursue first? He will pursue the woman who is the best. If she refuses, he will be forced to settle for a partner that is not as good!” The Vilna Gaon2 understood that this riddle of the Elders was intended as a sharp insult to the Jewish people and the clue to decipher their riddle lies in Parshas Mishpatim. In this week’s parsha3, Klal Yisrael proclaim the famous words “na’aseh v’nishma”, which they declared when they accepted the Torah. Chazal tell us4 that Hashem offered the Torah to other nations first and they refused it. The Jews on the other hand, accepted the Torah saying “na’aseh v’nishma”. The Elders challenged Rebbi Yehoshua. “According to your tradition, Hashem was looking for a partner to give the Torah to. He first approached the best nations to be His mate. After they refused, Hashem had to settle. The lowly Jews, a nation of escaped slaves who were stranded in the desert were the only nation that was desperate enough to accept Hashem’s offer. Your own tradition admits the superiority of the other nations and the lowliness of the Jews. However, what the Elders failed to realize was that while it is true that the Torah is compared to a marriage document between Hashem and His nation5, there is another symbol used by Chazal. The Gemara6 says Barasi Yetzer Hara Barasi Torah Tavlin. Hashem declares “I have created the Yetzer Hara and I have created the Torah as its medicine.” The Torah is also compared to medicine. Instead of imagining a bachelor entering a gathering, let’s imagine a doctor entering an emergency room. In the emergency room, he sees patients in desperate need of care and other patients in less need of care. Whom does the doctor approach first? He first attends to those in desperate need of his medicine. The Torah is medicine for the yetzer hara, and Hashem offered the 1 2 3 4 5 6

Bechoros 8b Peirush on Aggadeta Shemos 24:7 Avoda Zara 2b, Eicha Rabba 3:1 See Maharsha Kesubos 62b Kidushin 30b

PARSHA

A Torah Riddle

Torah first to the other nations because at that time, unbeknownst to them, they were in the most desperate need of the Torah. The Medrash7 elaborates that when they were offered the Torah, the nations first asked “Ma ksuv bah – before we consider accepting the Torah we want to know what is in it?” Hashem said the Torah commands not to murder, not to steal and not to commit adultery. Those nations, who were so immersed in those types of yetzer hara, could not imagine themselves keeping the Torah. They could not accept those terms and therefore, they rejected the Torah. The flaw of those nations was that they looked at the Torah as an opportunity, but the Torah is more than an opportunity, it’s a necessity. They failed to realize that the Torah is necessary to perfect people and fix the world. We are imperfect and we need the Torah to set us straight. They tried to fit the Torah into their life but they failed to realize that we need to mold our lives after the Torah. When you try to fit the Torah into your life and take out the things that are hard for you, you sentence yourself to a life of imperfection. The difficult parts of the Torah are necessary to push you to improve yourself beyond where you currently are. The Jews on the other hand said “na’aseh v’nishma” – we will do and we will hear. In other words, Klal Yisrael accepted to do even before they knew what was in the Torah. The Jews realized that the Torah is there to perfect us. We don’t need to know what is in it. Of course it will contain things that are currently beyond us because that is how we grow. We accept the Torah on its own terms including the things that are hard and we strive to grow and bring ourselves up to those more perfect levels. This is the deeper meaning behind the Gemara8 that says that Hashem lifted Har Sinai over the Jews and told them to accept the Torah. The message Hashem was telling them was that you must accept Torah as if a mountain is on top of your head. You must feel that the Torah is more than an opportunity. It’s a necessity and your life depends on it. When your life is at stake, you uncover power and strength you never thought you had. The Torah is intended to bring us closer to perfection, to change us from our current imperfect state. To really change is hard work. The Torah will only change you if you accept it on its own terms, and you will change most when you feel that it is a necessity. When you feel like a mountain is over your head and your life depends on it, only then will you push beyond your limits, uncover your greatest powers, and unlock your deepest potential. 7 Sifri Devarim 343 8 Shabbos 88a

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‫יפה שינדל בת ר' יחזקאל ע"ה‬

? ? ??was the?destruction ? ?3.?What?Hebrew year of the? 1st Beis Hamikdash? ? ? ? ? ? ? ? ? ? ? ? ? ? Answers can be found on back page. Information taken from The Jewish Fact Finder


PARSHA

Empathy for Others

Sammy Epstein

Nishmas Yisroel Morning Kollel

4

:‫ּוב ְּשׁ ִב ִעת יֵ ֵצא לַ ָח ְפ ִׁשי ִחּנָ ם‬ ַ ‫ּכִ י ִת ְקנֶ ה ֶע ֶבד ִע ְב ִרי ֵׁשׁש ָׁשנִ ים יַ ֲעבֹד‬ :‫ּשה הּוא וְ יָ ְצ ָאה ִא ְׁשּתֹו ִעּמֹו‬ ׁ ָ ‫ ִאם ְּבגַ ּפֹו יָ בֹא ְּבגַ ּפֹו יֵ ֵצא ִאם ַּב ַעל ִא‬

‫יה‬ ָ ‫ּשה וִ ילָ ֶד‬ ׁ ָ ‫ּשה וְ יָ לְ ָדה ּלֹו ָבנִ ים אֹו ָבנֹות ָה ִא‬ ׁ ָ ‫ ִאם ֲאדֹנָ יו יִ ֶּתן לֹו ִא‬ )‫ד‬-‫ (כ''א ב‬:‫יה וְ הּוא יֵ ֵצא ְבגַ ּפֹו‬ ָ ֶ‫ִּת ְהיֶ ה לַ אדֹנ‬

to first give this commandment, in conjunction with the rest of the commandments between man and his fellow? R’ Chaim Shmulevitz explains the answer by way of a Mashal. We are regularly approached with requests for a charitable donation, in order to alleviate the dire situation in which people may find

Should you buy a Hebrew slave, he shall work

themselves. Unfortunately, we often find it difficult to depart with

[for] six years, and in the seventh [year], he

our hard-earned money. Many of us are blessed with comfortable

shall go out to freedom without charge. If he comes [in] alone, he shall go out alone; if he

situations, whereby we find it extremely difficult to understand the plight of those that seek our help. We begrudgingly offer a helping hand, not out of lack of compassion, but out of blissful ignorance of

is a married man, his wife shall go out with

what it feels like to be in the position of those who are in need of our

him. If his master gives him a wife, and she

assistance. We simply cannot empathise because we do not know

bears him sons or daughters, the woman and

what it feels like to be on the other side.

her children shall belong to her master, and he shall go out alone.

This explains why, although our Sedra explains the law of Eved Ivri, it was first given upon leaving Egypt. Bnei Yisroel had just experienced extreme torture and backbreaking labour. At this point

The focal point of this week’s Sedra is the commandments between

in time, they truly understood the meaning of physical and emotional

man and his fellow man. The commandment that the Sedra begins

degradation. It was thus truly appropriate to issue the command

with is that of an Eved Ivri, a Jewish slave. This appears several times

regarding Eved Ivri, because it was here that they could empathise

in the Torah, and there are very specific rules that we must follow in

with the plight of true slavery. As they had experienced the atrocities

terms of our treatment of a Jewish slave. We are commanded to treat

of slavery, Bnei Yisroel could ensure that, when they are the master

the slave compassionately in a way we would not normally associate

to a Jewish slave, they would be able to empathise with his plight

with slavery. The Medrash informs us that this is not actually the first

and thus treat him accordingly. In order to capture this empathy, it

instance whereby we are commanded to follow the laws relating to

made complete sense to issue the command before leaving the throes

the Jewish slave. Upon leaving Egypt, Hashem told Moshe to give

of Egyptian enslavement. This principle of empathy, explains R

Bnei Yisroel the commandment of Eved Ivri. Our Sedra is merely

Chaim Shmulevitz, must be transposed and incorporated into every

recounting that commandment.

interaction we have with our fellow man. Every commandment that

R’ Chaim Shmulevitz asks why it is that they were commanded

relates between man and man must be approached from a position

this law upon leaving Egypt. Picture the scene; the plagues have

of empathy, asking ourselves what we would want if the roles were

reached their climactic ending, Hashem has revealed himself in an

reversed. This further explains why this Mitzva appears at the

outbreak of Divine Inspiration. There is euphoria, as Bnei Yisroel are

beginning of the Sedra. This is because the idea of empathy that

finally given the freedom that they have craved. But, just before they

lies within this commandment of Eved Ivri must be present in all the

leave, they are told to follow the commandment regarding an Eved

commandments we have that involve relating to our fellow man. It

Ivri. Surely there is a better time and place to give such a seemingly

is therefore appropriate to place it at the beginning of the Sedra, to

obscure commandment!? Our Sedra seems a more befitting place

ensure its’ message is followed throughout.

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4. What Hebrew year was the Miracle of Purim?

Answers can be found on back page. Information taken from The Jewish Fact Finder


PARSHA

The Greatness of Yehoshua

Yaakov Spencer Bais Teffilah

5

)‫יג‬-‫ (כ'ד‬:‫ִים‬-‫מׁשה ֶאל ַהר ָה ֱאֹל‬ ֶ ‫יהֹוׁש ַע ְמ ָׁש ְרתֹו וַ ּיַ ַעל‬ ֻ ִ‫מׁשה ו‬ ֶ ‫וַ ּיָ ָקם‬ So Moses and Joshua, his servant, arose, and Moses ascended to the mount of Hashem. At the end of this weeks parsha, the Torah tells us how Moshe went up to receive the Torah from the Rebono Shel Olam and the posok tells us "Moshe and his attendant Yehoshua got up and Moshe went up to the mountain”. Rashi is puzzled as to why the Torah mentions Yehoshua here at all? It is seemingly pointless, it doesn't add anything to the episode. The point is that Moshe went up to the mountain! So why mention Yehoshua at all? Rashi explains that Yehoshua set up his tent at the foot of the mountain and waited for 40 days for his rebbe, Moshe. Asks Reb Chaim shmulevitz tz"l what was Yehoshua doing for 40 days? Why couldn't he just come on day 39 if he wanted to be early? Explains Reb Chaim, Yehoshua said, it was worth it for him camp out and to give up his home comforts, in case his rebbe, Moshe Rabbainu would come down a little early, and he would have a guarantee to be the 1st one to be able to assist and walk with his rebbe, Moshe. When the Torah tells us of Yehoshua's credentials to be the successor of Moshe Rabbainu as the leader of klal yisroel it says the reason is because he never left Moshes side as a devoted assistant. As the gemora tells us in berochos 7b, “assisting Torah is greater than its learning”, was Yehoshua the greatest of the generation? No! As the gemora in Bova Basra 75a explains, "The chachomim said Moshes face shone like the sun, and Yehoshua's was like the SPONSORED

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The Maharal brings in Derech Chaim on pirkai ovos Perek Alef Mishnah Alef and also on ois yud of the mem ches kinyonai Torah that through a connection and assisting a talmud chachom the neshomos of the rebbe and the talmid become connected to each other and this facilitates and expedites the transfer of Torah from the rebbe to the talmid, even if you're not the greatest Talmid, if you are close to your rebbe, you pick up his hanhogos and you absorb his Torah. If you look at the hakdoma to the Rambams Mishnah Torah, when he goes through the passing down of Torah from generation to generation, he says Moshe taught Torah to Pinchos, Elozar, and Yehoshua, Yehoshua came third because he was not the greatest, but who passed it on to the next generation? Yehoshua, even though he was not as great as Pinchos and Elozar, but he was like the moon, starts off small but with the light of its rebbe, it gets to full strength. We see that Hashem told Moshe that when he dies klal yisroel will go off the derech, but they didn't? Since Moshe & Yehoshua’s neshomos were connected, it was like Moshe was still alive as Yehoshua was a direct continuation of Moshe. And that is why the Torah tells us here that Yehoshua was Moshes attendant and that he set his tent there and waited for his rebbe, because it was this middah of Yehoshua that made him into the successor of Moshe Rabbainu as the leader of klal yisroel. SPONSORED

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moon”. What does this mean? The sun is always at its optimal strength like Moshe who was born shining, even as a child. However Yehoshua was a regular person, but he worked and he developed a connection to his rebbe and through that, he became the greatest, but how?

‫לע''נ‬

‫רות שאשא בת יעקב מאיר ע"ה‬

?? ?? ?year ?? ?of ?Chanuka? ??the miracle ?5.?What?Hebrew was ? ? ? ? ? ? ? ? ? Answers can be found on back page. Information taken from The Jewish Fact Finder


Journey through Nach My new book Journey through Nach has is on the way to the shops in Israel today: perek summaries on every perek in Nach, over 100 divrei torah, iyun articles, maps and more! for more info or to order via email please email moishe@adirpress.com

6

NACH

Weekly Nach

Sefer Shoftim (Chapter 1-3) Perek 1: Bnei Yisrael asked Hashem via the urim ve’tumim 1 who should go to war2 against the remaining parts of Eretz Yisrael that had not been conquered by Yehoshua. Unlike many previous battles where the entire nation fought, these battles were to be fought by individual tribes (Malbim 1:1). The tribe of Yehuda was told to go to fight and the tribe of Shimon3 agreed to accompany them; they defeated the Canaanites and Perizites. This was a crucial battle, the first one since Yehoshua died, and a Canaanite victory would have convinced the other nations that Bnei Yisrael had lost their merits, and thus their strength, after the death of their great leader (Ralbag 1:1). The king, Adoni Bezek, was captured and his thumbs and big toes were chopped off, just as he had done to seventy other kings4. Yehuda’s previous conquests are reviewed: Calev promised his daughter in marriage to the person who would conquer the town of Kiryas Sefer. Kiryas Sefer was conquered by Osniel ben Kenaz, Calev’s younger brother, and the new couple were also given natural springs that were found in the area. The places where Bnei Yisrael failed to drive out their enemies are listed. The Bnei Yehuda conquered Yerushalayim and burned it, but the Yevusi enclave remained there. The Radak and Rashi (1:7) differ on whether this battle occurred earlier or now. The Bnei Yosef conquered Luz (a city of spiritual importance and imperviousness to the malach ha’maves, as the Gemara reveals) and spared the guards who showed them the town’s tunnels. We are then given a list of the nations not displaced from Eretz Yisrael.

Perek 2: A malach5 (the word malach simply means ‘emissary’ in this context [Metzudas David]; this was Pinchas [Rashi]) 1 The illuminating stones on the Kohen Gadol’s breastplate. 2 Note the dispute between the Ralbag and Malbim here whether the Bnei Yisrael needed to consult the urim ve’tumim during Yehoshua’s reign. 3 Shimon had proved himself a valiant warrior in the Shechem episode in Vayishlach, after all. 4 See Ralbag 1:6 for whether Shimon and Yehuda knew Adoni Bezek had done this or not. 5 The Malbim writes that this prophet’s reproof centred around two points: the failing of the people itself, and the damage that (will) accrue from it. The Malbim also notes that the phrase ‘Elokai Avosam’ in passuk 12 (lit. Hashem of your fathers) is a phrase which connotes a closeness and relationship with Hashem – the people are told that they have a relationship with Hashem; why abandon Him?!

informed Bnei Yisrael that they had not observed the promise to remove idolatry from the land. Furthermore, they had not obeyed Hashem’s instruction to expel the enemy. The people wept and brought offerings. A new generation arose who forsook the ways of Hashem and served the Baal6 idol. The basic structure for the entire Sefer Shoftim is now laid down. Bnei Yisrael would listen to the judge Hashem sent them, but when he died, they would resume their practice of idolatry. As a result of Bnei Yisrael’s service of avodah zarah, Hashem would deliver them to plunderers, and eventually to enemies. Hashem did not expel the nations who remained in Eretz Yisrael to test whether Bnei Yisrael would be affected by the pagan influences; this was actually the nation’s punishment for not obeying Hashem’s instructions to remove these foreign influences from the land (Metzudas David 2:22). Indeed, Rashi (1:27) highlights that the initial downfall/rebellion began when the people failed to listen to Hashem’s instructions to drive out the nations.

Perek 3: The nations who remained in Eretz Yisrael are listed7. When Bnei Yisrael sinned, they were delivered into the hands of Aram Naharayim. Bnei Yisrael cried out to Hashem and Osniel ben Kenaz8 was sent as a judge. He led them in war and was responsible for tranquillity for 40 years. (Ralbag 3:12). When Bnei Yisrael sinned again, they were oppressed by Moav. Yet again, the Jews cried out and Ehud ben Gera was sent to save them. Ehud presented a gift to Eglon the King of Moav, and in the following private audience with Eglon, killed him by cunningly by thrusting a concealed sword into his belly. Peace ensued for 80 years. Shamgar, another judge, also saved the people during this time, albeit not fully (Metzudas David 3:31). 6 Baal literally means ‘master’. This is because the idol became the master of the people who served it (Radak). 7 It might have been due to the people’s shortcomings in the area of pure emunah that they did not merit to see these nations fully removed from them in the times of Yehoshua in the first place (Ralbag 3:1). 8 Calev’s younger brother.

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?? ?? ?? ?? ?? ?? ?? ?? ? ? ? ? ? ? ?

6. What Hebrew year was the destruction of the 2nd Beis Hamikdash?

Answers can be found on back page. Information taken from The Jewish Fact Finder


HALACHA TEFILLA

The Davening Discussion

Rabbi Elozor Barclay Rabbi Yitzchok Jaeger authors of the Guideline Series

7

Chapter Five - Forbidden Places of Prayer turn his body away, but if this is extremely difficult, he may be lenient to turn his gaze away or close his eyes.

115. In which places is it forbidden to pray? The two main restrictions are: •

In the presence of an improperly dressed person.

In the presence of waste substances, foul material, etc.

The details of these topics are complex, and only the basic guidelines are given here. Other types of restrictions are mentioned at the end of this chapter. 116. What is meant by an improperly dressed person? There are three levels: 1. 1. A male or female whose genitals are exposed. 2. 2. A female whose genitals are covered, but other parts of the body are not sufficiently covered according to the halacha. 3. 3. A male whose genitals are covered, but other parts of the body are exposed. •

It is forbidden for either a man or a woman to daven, recite a b’racha, or say anything of Torah content when facing an undressed person of level 1.

It is forbidden for a man, but permitted for a woman, to daven, recite a b’racha, or say anything of Torah content when facing an undressed person of level 2.

It is permitted for either a man or a woman to daven, recite a b’racha, or say anything of Torah content when facing an undressed person of level 3.

117. What if the undressed person is a child? The laws apply to an undressed boy from the age of nine and an undressed girl from the age of three. There is no difference whether the undressed person is Jewish or non-Jewish. According to some opinions, the restrictions of level 2 begin only from the age of approximately six. 118. Do the same restrictions apply to members of one’s family? Basically, yes. Even a husband is restricted if his wife is not fully covered. The only exception is for a father, who is not restricted in the presence of his partially exposed daughter (level 2) until she reaches the age of eleven. 119. Is it sufficient to close one’s eyes? When facing level 1 nakedness, it is not sufficient to close the eyes, nor even to turn one’s face aside. It is permitted to daven only if one turns the entire body away from the undressed person. When facing level 2 nakedness, if the woman’s body is covered with a thin see-through garment, it is sufficient for the man to turn his face aside or close his eyes. If the woman’s body is exposed, he must try to

120. May a man daven while facing a woman’s exposed hair? This is forbidden only if she is Jewish and married (or was married). However, it is sufficient for him to turn his face away or close his eyes. 121. What if a person davened in one of the forbidden situations? •

If one davened facing level 1 nakedness, one must daven again.

If a man davened facing level 2 nakedness, or facing a woman’s hair, he should not daven again. However, the mitzvah of shema cannot be fulfilled in this situation, and must be repeated.

122. May a man daven if he can hear a woman singing? Ideally, he must go somewhere else to daven, or ask the woman to stop singing. If this is impossible, he may daven, but he must make every effort to ignore the singing and focus his mind on the davening. This restriction applies even to the voices of non-Jewish women and single girls from the age of eleven, and even to close relatives such as one’s wife or daughter. 123. What are the restrictions regarding waste substances? It is forbidden to daven, recite a b’racha, or even think anything of Torah content if one can either see or smell waste substances, garbage, rotting objects, etc. In addition, one must distance oneself four amos (approx. 2m) from the point where the odor ends. 124. What if the substances are enclosed in a plastic bag? If no foul odor is emitted from the bag one may daven nearby, even if the substances are visible through the bag. 125. May one daven near a child who is wearing a soiled diaper? It is forbidden to daven, unless one is at least four amos away from the point where the odor ends (or from the child if there is no odor). This does not apply to a child who is less than three months old. 126. What if the child has been changed but there is still a bad odor in the room? It is still forbidden to daven there. If one sprays the room with an airfreshener to create a pleasant smell, one may daven there. 127. What if a child is wearing a wet diaper? One may daven nearby, unless there is a bad odor.

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?? ?? ?? ?? ?? ?? ?? ?? ? ? ? ? ? ? ?

7. What Hebrew year was the completion of the Mishna?

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‫פתוח תפתח‬

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

8

Easy Givi ng – ‫את ידך‬

A Practical Guide to the Halochos of Communal Obligations, Mitzvas Tzedokoh and Ma’aser Kesofim

Introduction Tzedokoh is a pre-eminent and fundamental mitzvoh, as seen in the Gemoroh (Bava Basra 9a) which states that it is equal to all the other 612 mitzvohs in the Torah. The various blessings and segulos guaranteed by the Gemoroh, medroshim and many other seforim, are unrivalled in their promises of both physical and spiritual improvement for someone who practices tzedokoh correctly. Hashem has decreed that the economic circumstances in England and many other countries are challenging, and if you look at our community in North-West London, you see many families struggling to pay their basic food and utility bills, more schools suffering from higher shortfalls and many communal institutions with rocky finances. Further, many rebbeim and teachers are being paid a minimal wage below the poverty line as schools are unable to pay more. Our North-West London kehilloh is thriving and growing Boruch Hashem. However there is a growing feeling within our kehilloh that we need to deal with these pressing financial issues. As a kehilloh we do, of course, donate large amounts. However, are we giving the correctly calculated amounts towards the right people and institutions, as determined by the halachic guidelines laid down to us by the poskim over many generations? We also need to understand our responsibility towards members of our own family who take precedence over local community members, who in turn take precedence over aniyei Yerusholayim and the wider Jewish world. Many local financial difficulties would be solved if we adhered to halachic guidelines to satisfy our obligations towards our own kehilloh and community before donating elsewhere.

Objectives Our objectives in this weekly series are threefold: •

To explain the guidelines and rules set down by chazal in a clear and concise fashion, to delve through the numerous seforim on the subject, clarify the variety of differing opinions and state the psak delivered by the rabbonim with whom we have discussed the issues. To generate enthusiasm for this unique and incredible mitzvoh, and to encourage everyone to calculate and monitor their charitable giving with the same dedication and hislahavus that they monitor their bank balances, share investments and property portfolios. To endeavour to encourage people to ensure that all aniyim are treated with respect, consideration and maybe even a smile. Try and imagine for one minute how you would feel if, chas vesholom, you would need to collect for your family’s desperate requirements.

This weekly series elaborates and discusses the details pertaining to three halochos, namely the communal obligations of the individual (based on Shulchan Aruch, Choshen Mishpot 163), the mitzvoh of tzedokoh (based on Shulchan Aruch, Yoreh De’ah 247-259) and also the minhag of ma’aser kesofim. The order of precedence from a halachic perspective is: a. Communal obligations. b. Mitzvas tzedokoh. c. Minhag of ma’aser kesofim.

Section A – Communal Obligations Chapter 1 – The Communal Obligations of the individual 5. As a statement of the strength of this obligation the halochoh is that:

Sources and details.

a. even a minority of the town members can enforce this obligation on the majority,

1. The Shulchan Aruch rules (‫ קס"ג משפט סימן ( חושן‬that there is an obligation on every member of a city to pay their portion for the founding and upkeep of the essential communal infrastructure. This payment can be viewed as a community tax. The rationale for this monetary obligation is that every city dweller is viewed as being in an implicit partnership with the other city dwellers as regards all communal responsibilities. 2. This law is derived principally from the discussion of the laws of partnership, where the Mishnah states: )'‫ – כופין אותו לבנות לעיר חומה ודלתים ובריח (בבא בתרא ז’ ב‬We force [a town resident] to build for the town a wall, gates and a bolt, i.e., residents of a town can force another resident to pay his share of the upkeep of the town. 3. Even if, as is common today, the community has not organised itself to enforce a communal tax, nevertheless, each individual remains personally obligated to support the essential communal infrastructure. 4. The laws obligating a community to create and fully support its essential infrastructure have been elucidated across the ages and discussed widely by the poskim of our times1.

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b. the necessary sums can be claimed in beis din and even in secular courts, c. the obligation to contribute applies even to community members who are not making use of the institutions. For example, singles or parents with no children in school would also have to contribute to the upkeep of the school. 6. Clearly the minority can force the majority to pay only if the costs for the infrastructure are kept to the absolute minimum, and limited to that which is genuinely essential. Opening a new shul where the existing institutions suffice to provide for the requirements of the city, or expending excessive amounts on beautifying existing institutions, could not be considered a communal obligation. ‫יורה דעה סימן קמ”ט ;שו”ת שבט הלוי חלק ו ’סימן קמ”ז‬, ‫’מ”ב‬-‫’חושן משפט סימן מ‬, ‫ שו”ת אגרות משה חלק א‬1. See in particular ‫ ב” כ סימן ’ב חלק אליעזר ציץ שו"ת‬who discusses the formation of a tax system based on Jewish law.

To Be Continued ..

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Rosh Kollel, Yerushalayim and Rav at Kav Halacha Beis Horaah

9

Shovovim (Part 6) Power Of The Tongue

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Loshon Hora – Is it Really That Bad? Shidduchim Last week we looked at some details of this halacha. This week I would like to mention a very common application of this halacha; Shidduchim. In my position, I often get asked about boys that I have taught over the years and this often involves some questions in Loshon Hora. Below are some of the basic rules: •

One must always explain to the listener that he is asking for the purpose of shidduchim (This is a common occurrence; I understand people like to keep things a secret – but if you tell us why you are asking, you will get better information!) One may enquire about someone for the purpose of shidduchim (the same is true when inquiring about a potential business partner or worker), even if one may hear some derogatory statements about the person in question. The reason this is permitted is because one’s intention is simply to prevent future damage.

The information must never be believed, rather it should be kept as a suspicion which one is permitted to act upon.

The person being asked must say the whole truth, even if he is worried that the questioner will believe all that is said, provided the information is being offered for a constructive purpose.

One must be very careful with the choice of words used, as the slightest exaggeration (and even tone of voice) can cause untold damage.

Q. Which type of information may be shared? A. Only information that he knows to be a “major deficiency” or “serious condition” may be shared. One who deliberately withholds such information transgresses the prohibition of lifnei iver (placing a stumbling block..). Additionally, this information may be shared only if one has the correct intention to benefit both parties, not out of revenge or spite. If the information will be ignored, it should not be said. Note: If one knows information about one of the parties, and he is unsure as to whether it should be mentioned, a rov should be consulted.

Avak Loshon Hora Chazal forbade speech that even hints to loshon hora. For example, “Don’t even ask me about Mr xxx”, or “I have lots to

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say about xxx”, or even “He’s come a long way”. In these cases, although one doesn’t say any derogatory information about the subject, but it is implied in the choice of words used. A similar form of this prohibition is to praise someone in a manner that indirectly causes him damage. For example, to praise someone publically for a loan he received from him can often be included in avak loshon hora since it may cause the wrong sort of people to borrow from him, and cause him a financial loss.

In Conclusion Many people speak Loshon Hora because it seems to them that everyone else speaks it, so they think, Why should I be different? In his sefer Shmiras Halashon, the Chofetz Chaim discusses this feeling: The advice that one should follow to overcome this feeling is to imagine what he would do it, chas v’shalom, he and the people of his city became ill with a severe disease, and the doctors couldn’t find a cure. Then news hits town that a world famous doctor has arrived, who says that he knows a cure for the disease. Wouldn’t he go to the doctor? Wouldn’t he get together the money and do whatever he could to have the doctor see him? “If one of his friends would ask him, ‘why are you so excited? Nobody else is running to the doctor. Why should you be different?’ he will answer, Fool! When my life it at stake, I don’t care what other people say or what other people do! I’m not going to let myself die because of some people who are unconcerned about their own lives!’ Similarly, teaches the Chofetz Chaim, we shouldn’t be concerned with other people do, and we should refrain from this severe transgression.” It may seem very satisfying to say over some juicy gossip that one knows, but when one considers that what he is speaking has the potential to hut so many people and in addition, is the cause for many of the problems and suffering that Klal Yisroel is experiencing at this time – as the Chofetz chaim has explained – this may help him to consider whether or not the information he is about to share is permitted or not. The Vilna Gaon writes that every moment one muzzles his mouth he merits a hidden light that no angel or mortal can comprehend. Hashem should help us with this most severe sin, and through the merit of watching out tongue, the Beis Hamikdash should be built speedily in our days.

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HALACHA

The Weekly Halachic Conversation

‫ר' חיים אליעזר בן ר' יעקב ז"ל‬

?? ?? ?? ?? ?? ?? ?? ?? ? ? ? ? ? ? ?

8. What Hebrew year was the completion of the Talmud Bavli (Gemorah)?

Answers can be found on back page. Information taken from The Jewish Fact Finder


HALACHA KASHRUT

Attention Whisky Drinkers - it is safe to read the article below

Rabbi Akiva Osher Padwa Director of Certification, KLBD

10

Whisky Production Then and Now The Kashrus Issues in Scotch Whisky PART IV FACT AND MYTH IN THE WHISKY FACTORY Whisky distillers attach huge importance to the pot stills they use. Each distillery has unique stills ‎and they believe that the size, shape, length and even the angle of the ‘neck’ all contribute to the ‎distinctive flavour of the resulting distillate. All of this can be scientifically supported. For ‎example the longer neck means that the copper surface area in the neck is greater. The shape and ‎angle of the neck can help to influence reflux therefore the degree of separation of volatiles.‎ Other aspects however are pure myths that combine with folklore associated with traditional ‎whisky distillation. For example, when a pot still gets old and needs to be replaced most distilleries ‎will commission a new one to be made and will insist that the new pot is produces to be exactly ‎identical to the old one being replaced. In one instance I heard that there was a dent in the neck of ‎a still, apparently the result of a long forgotten worker carelessly wielding a hammer and hitting the ‎neck. When a new still was commissioned not only did they reproduce it exactly to the same ‎dimensions and specifications, but even the erstwhile dent was faithfully reproduced! Minhag ‎Avosainu Be’yadeinu! ‎

When using the traditional distillation method, the ‘wash distillation’ separates the solids and non-and - low - volatile components from the more volatile components, which condense and are collected as “low wines“. These “low wines” are then combined with the “foreshots” (heads) and “feaints” (tails) in the ‘spirit still’ for a second distillation to create the ‘new-make spirit’ The way this works is as follows: the fermented ‘wort’ – the beer-like liquor obtained by fermenting the malted barley – is filled into the first still and heated. As the alcohol is more volatile than water it evaporates more readily in the form of vapour. The vapour passes through a condenser and then runs through a contraption they call a safe that is really a divert valve that allows them to let the initial flow of upper volatiles to run through into a holding tank called a ‘low wines receiver’, then once the desirable alcohol starts to flow they divert the flow to another tank and it continues running until the alcohol content drops below a certain level. At this stage the flow is diverted again to the same ‘low wines receiver’ tank as the initial flow was directed into. The ‘low wines’ are then charged into the spirit sill and distilled with the foreshots and feints and distilled again to get ‘new-make spirit’.

Malt Whisky is essentially the same as Grain Whisky but with some subtle differences. Whereas grain whisky can technically be made with any grain such as wheat or maize with the addition of malted barley as described above, malt whiskey as the name implies is made exclusively and only from Malted Barley, all other ingredients are identical: Water and Yeast and possibly Caramel Colour.

Traditional slang and terminology, as well as names for the different pieces of equipment are as much part of the whisky production process as the distillation methods, all the way down to the design of the equipment. I will therefore refer to these flows by their traditional names. The upper flow and the lower dredges are the Heads and Tails, whilst the desired middle section is the Heart. Only the Heart is laid down to mature to make whisky and the Heads and Tails are combined and then redistilled with the low wines in the spirit still.

In addition, Malt Whiskies tend to be produced using much more traditional and time honoured methods. Distilling Grain Whiskey is done the same way as most other types of alcohol, using distillation columns to distil and rectify the alcohol. Malt Whisky however is distilled in batches using traditional ‘copper stills’ aka ‘pot stills’. These are essentially huge copper ‘pots’ with a tapered chimney-like contraption on the top called a neck as it is generally shaped somewhat like the neck of a swan. As the fermented wort is heated the vapours rise up through the ‘neck’ and on via a ‘lyne arm’ or ‘lye pipe’ to the ‘condenser’ that traps and condenses the evaporated spirit, and the condensed spirit runs off into the next step.

Whisky distilled by traditional methods using the ‘pot still’ are distilled to below 70%, typically around 64% abv, whereas alcohol distilled in modern distillation columns reach up to 94.8 abv. This means that many of the different alcohols known as Iso-Amyl Alcohols etc. remain incorporated in the liquor. So too the elements that are stripped out during the more modern distillation processes are reintroduced into the next batch in traditional “pot still” distillation. As a result of these more traditional production methods malt whiskies tend to have much more distinctive and individual tastes and textures than grain whiskies. They are also much more expensive than grain whiskies. To be fair they are also more expensive to produce than grain whiskies.

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world. This see a straighmeans that when one looks as long as t line back to its at source. When the physical world he is travellin his point he a person g on a straigh of travels on doesn’t t road he longer can origin as soon as a journey can look he bends see his origin. back and the spiritua If the physica away and turns see l world we the corner l world was would be would clearly he no no see the source in a straight creates the room for free will. earth. The Instead Hashem of this world line with just around origin is and there bends the bent, it is heaven is a branch the corner and with not seen at first glance s and , source. 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As we follow the story an unusu of the mirac al detail. les in Egypt Time and to play a we notice again Mosh significant e’s staff seems role. With his staff. each mirac He has it at the burnin le he carrie himself to s g bush and Pharoh by he introd performing is so crucia uces miracles l about this with it. have taken staff? If the place witho entire exodu What ut this staff missing anyth s would would we ing? What have been is its signifi cance? The first encounter Moshe

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MUSSAR

Jewish Classics

‫ מסילת ישרים‬- The Path Of The Just ‫ פרישות‬/ Abstinence

(Chapter 13-15)

DEFINITION “Watchfulness” (turning from bad) was a stepping-stone to “Alacrity” (doing good). This has its parallel in “Abstinence” whose withdrawal is a springboard to “Piety”. The central rule of Abstinence is: “Consecrate yourself – with what is permissible!” One erects barriers concerning something that is itself permitted as a precaution against something that may lead to evil. In the area of Abstinence, there are (a) actual prohibitions (b) rabbinic restrictions decreed upon all of Israel and (c) self-imposed individual boundaries.

a. (a) Worldly pleasures – food, marital relations, clothing, leisure walking and talking b. (b) Halachic issues – strictly adherence to the view of even a minority opinion (e.g. Yechezkel, Mar Ukva’s father waiting one whole day between eating meat and milk) c. (c) Social conduct – seclusion to contemplate serving G-d by minimizing his social interactions (e.g. limiting speech, gazing beyond 4 cubits etc)

HOW TO ACQUIRE IT?

Some Torah sources support Abstinence; others disapprove. In truth, it depends upon the occasion. Abstinence is the right course of action as a preventive measure against falling into sin. (Examples include: not growing accustomed to fine food to encourage the pursuit of wealth, excessive marital intimacy leading to an insatiable desire, fancy clothing or jewels lead to pride). But the rabbis did not enact a decree because this was beyond most people. Instead, Abstinence is the option for the select pious whose love of G-d and resting of Shechinah will benefit the masses.

Reflect and come to detest the fleeting nature of worldly pleasures. Think about the short-lived pleasure of food – it lasts from when the person bites into the food until it passes through his food-pipe! Enjoyment of other worldly pleasures is likewise short-lived. Think about the truth and accustom yourself not to take from this world only what is absolutely essential. Do not keep company with those that pursue honor and increase involvement in emptiness. And use solitude to separate yourself from seeing and desiring the worldly pleasures enjoyed by others.

Abstinence is appropriate for non-essential worldly matters. But it is not meant as a denouncement of the essentials of life (e.g. asceticism, mortification of body, or deny physical well-being).

WHAT INTERFERES?

ELEMENTS

There are 3 main areas of Abstinence:

Not to undertake Abstinence if you are not contemplating the transient nature of worldly pleasures or not disassociated from a society engaged in physical indulgence where you will be tempted to emulate their behaviour.

‫ טהרה‬/ Purity (Ch.16-17) DEFINITION “Purity” is about attaining a “pure heart”. This is possible after carefully cleansing one’s thoughts and emotions from the negative influence of the yetzer hara.

ELEMENTS Purity of thoughts and actions apply once you have successfully mastered the former level of “Abstinence” to only extract from this world whatever is absolutely essential to the exclusion of physical pleasure. Such Purity equally applies to one’s actions. There is an inner drive to serve G-d to take care that they are not enacted with ulterior motives. The 3 types of actions performed shelo lishma, “not for His sake” are: (a) One who only serves G-d for his own personal gain (b) One who only serves G-d for the sake of reward and (c) One who serves G-d but has some intermingled impure thoughts. Like 13 sieves sifting flour for a Minchah offering, man must purify his thoughts in order to present this on the altar of G-d. This Purity epitomizes the perfect level of Divine Service. (Anything less, though rewarded by G-d, falls short.) His task is similar to the removal of dross from a precious metal so that it is pure.

The hearts of the true servant who loves G-d will display this Purity. What is the true test? It is where man does not view avodas Hashem as being burdensome. Instead, he aspires to whole-heartedly fulfilling the word of G-d as He intended it knowing how “The Merciful One desires man’s heart.” Like the king, the heart rules and stirs the rest of the body. G-d searches man’s hearts to determine not only whether his deeds are worthy but also whether his heart is pure.

HOW TO ACQUIRE IT? One acquires Purity by being aware of his base nature and the lowliness of physical pleasure. One has to purify his thoughts (i) in his physical actions (base nature of physical pleasure) and (ii) in his avodas Hashem. That means his intentions must be exclusively devoted to G-d untarnished by motives such as to gain honor/acceptance in the eyes of others. Preparation before doing a mitzvah enables him to contemplate the mitzvah and to reject extraneous motives (which cannot be done if he acts impulsively). The pious did this by preparing 1 hour before their prayer.

WHAT INTERFERES? The base nature of pleasure or pursuit of honor causes impure thoughts. These are compared to adultery and let man stray from the right path. Insufficient contemplation or thoughtlessness means unpreparedness that pollutes his avodas Hashem.

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