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‫בס"ד‬

North West London's Weekly Torah and Opinion Sheets

‫פרשת שלח לך‬ ‫מברכין החודש‬

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

London: 10:34

‫פ' שלח לך‬ ‫ כ"ד‬- '‫ יהושע ב' א‬:‫הפטרה‬ '‫ פרק ג‬:‫פרקי אבות‬

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The Height of Eretz Yisrael

Rabbi Yaakov Hamer

Finchley Central Federation/Shaarei Orah There are several pesukim which seem to indicate that Eretz Yisrael is geographically the highest land on earth. In a number of places, the Torah uses the expression ‘aliyah’ – to ascend, in reference to journeying to the land of Israel. For instance, in the beginning of this week’s sidrah, when instructing the spies to go and see the Land, Moshe Rabbeinu says, “Alu zeh banegev v’alisem es hahar” - go up this way by the south and go up into the high land.

We are also told that the Beis Hamikdash is the highest place within Eretz Yisrael. When describing the Beis Hamikdash, the passuk says, “Ve’kamta, ve’alisa el hamakom asher ivchar Hashem Elokecha” - and you will get up and go up to the place which Hashem has chosen. The Sages comment on these words and say that from the word ‘ve’alisa’ - and you will go up, we see that the Temple is higher than all other places.

So too, we find that when leaving Eretz Yisrael, the word ‘yeridah’ - to descend, is used. “Vayered Avram Mitzraymah” - and Avram descended to Egypt. We see that that vis-à-vis other lands, going to Eretz Yisrael is considered ascending and leaving it is considered descending.

The Chasam Sofer [Yoreh Deah 234 s’’v v’henei] is troubled by this teaching and points out that anyone with a basic knowledge of geography knows that this statement is difficult to understand at face value. There are certainly other lands which are much higher than Eretz Yisrael!

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He explains that what the Sages and ultimately what the passuk is teaching us is that as the world is a globe, the highest point is very much a subjective idea. It depends what you consider to be the top of the world! Of course, there are locations and landmarks which are well above or below sea level, but when Chazal tell us that Eretz Yisrael is the highest of all of the lands, this is referring to its spiritual height and potential as opposed to its physical elevation.

Rav Yaakov Galinsky makes the following observation. The passuk in Parashas Vayiggash [45:9] says, “Quickly go up to my father and say to him, ‘so says your son, Yosef, Hashem has placed me as a master over all of Egypt. Descend to me. Do not wait.’”

Even though Rashi has had numerous opportunities up until this point to comment on the usage of the words aliyah and yeridah in reference to ascending or descending to and from Eretz Yisrael, only now does he mention for the very first time, “Eretz Yisrael is higher than the other lands.” Rashi has had at least seven opportunities to teach us this, yet for some reason he waited until this passuk to do so. Why? Rav Yaakov explains, in all the other cases, either Hashem or a tzaddik was speaking. It’s obvious that they realise the spiritual greatness of Eretz Yisrael and the corresponding lack of stature of other lands. Here, however, Yosef is speaking. He has been in Egypt for a considerable period of time. Perhaps his appreciation of his homeland has changed. Perhaps he now feels that Egypt is the highest place on earth. Therefore, Rashi specifically comments here that notwithstanding the very difficult surroundings and the extended period of time, Yosef remained steadfast in his perception and appreciation that Eretz Yisrael is the highest place on earth.

May we merit to see the realisation of the passuk "Ve’alu moshi’im beHar Tzion” - and the liberators will ascend Mount Zion, speedily in our days.

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1. What was the wording that the meraglim used that caused the Jews to despair?

PARSHAH

‫מוצש’’ק‬

Rabbi Benyomin Yosef Insel ZL Ateret Yerushalayim

2

HASHKAFA

Yizkor, Kaddish and The Suffering Jew

On Death and Dying It has been said that the Jewish people appear to be obsessed with death, dying and bereavement and that we are continuously focussed on these subjects by harping on about matters such as the destruction of the Beis Hamikdash, the Holocaust and the observance of a seven day mourning period after the death of a family member, R”l. In the contemporary calendar we find Tisha B’Av and the other fasts connected with the destruction of the Temple, as well as Holocaust Memorial Day and Yom HaZikaron. Even when we are rejoicing on yomtov, we still recite Yizkor, to remember deceased relatives.

However, a closer look at all of these days will show that the Jewish people are not obsessed with death and dying, but rather that we have a strong sense of the necessity of remembrance: remembrance of those who have been lost, remembrance of cities, towns, shuls and kehillos which have been lost. The difference is a very narrow one, but remembrance and death are quite distinct.

The word zikaron remembrance is synonymous with Jewish loss and mourning. When we evoke the memory of a departed loved one, we, in reality, recall all the greatness, joy filled moments and life lessons which we identify with that person. This is a far greater thing than simply obsessing over their death. Instead we are choosing to improve our own lives by carrying with us the lessons and memories that we gained from them. The entire concept of remembrance of those who have passed on is, in effect, the way in which we show our reverence to our ancestry. We hope to be able to extract positive life lessons which enable us to improve the quality of our own lives.

When we recite Yizkor, we call upon Hashem to ‘remember’ the souls of the departed. Obviously He does not require us to ‘remind’ Him of their souls. What we are actually doing is attempting to recall their memory in the hope that all their positive accomplishments, good deeds, kindness and the impact they had in improving the world while they were

in it, should be recalled as a merit for their souls. It would seem, however, that there might be no need for us to recall their deeds or even their memory. After all, their deeds and memory exist even without our recital of Yizkor. So why do we say it and what purpose does it serve?

In effect, Yizkor is for those who are reciting the prayer, as much as for the benefit of the departed souls themselves.

When we evoke the memory of a loved one, it is our obligation and duty to recall everything that person stood for and who they were. We view our predecessors as having been one generation close to receiving the Torah. We learn from Chazal that the righteous, even after their death, are considered alive as long as their teachings remain with us and we recall their memory. They may not be here in person, but they definitely exist in spirit.

I would like to suggest that this concept is not just reserved for the righteous, but is valid for all the righteous deeds which any person performed. Anyone lives on, as long as we remember their positive accomplishments.

Returning to the original question – why do we as a nation place such emphasis on recalling our communal and personal tragedies?

There is a Midrash, quoted in the name of Reb Yossi (‫בראשית‬ ‫ רבה פרק ד' אות כ"א‬and in ‫ )מסכת סופרים סוף פרק כ"א‬that ‘misnachmim al hamesim v’ein misnachmim al hachaim’ we can be comforted regarding those who are dead, but not regarding those who are still alive. This seems rather obvious – why would we need to be comforted over someone who is still alive?

The answer is that as long as there is still a remnant of someone’s memory extant, there will never be a complete consolation. We will never feel complete solace over the six million Jews murdered in the Holocaust, nor over any other tragedy in Jewish history, as long as we can evoke their memory. This is the purpose of Yizkor and this is the reason why we are regarded as being obsessed with death and past events.

The moment that we feel a complete sense of consolation over the departed, then they are indeed dead.

However, as long as we can remember what once was and learn from it, then our loved ones and previous generations will live on and are never truly dead in spirit. Yizkor allows the tremendous power of remembrance to permeate our lives with the lessons of those who are no longer with us, so that indeed the righteous are still alive, long after they have passed away.

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2. What strategy when dealing with the Yetzer Hara do we learn from Yehoshua and Calev?

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The Relationship Between The Torah Shebiksav And Torah She’ba’al Peh

‫קהלה קדושה‬ ‫חברת‬ ‫בני ישראל‬

Rabbi Chaim Zundel Pearlman

3

Machzikei Hadath Federation Synagogue & Rosh Beit Midrash Hendon RABBEINU OVADIAH SEFORNO’S1 COMMENTARY ON CHUMASH

One of the major themes recurrent in the Seforno’s2 commentary on the chumash, and referred to in his introduction to it, ‘Kavonos Hatorah’3, is how the conduct of mankind, and Bnei Yisroel in particular, affected the relationship between the Torah Shebiksav and Torah Sheb’al peh (the Written and Oral Law). The impact being twofold - on both the mode of transmission and the very substance of the Torah.

In this introduction, he discusses the ramifications of six major sins – (1) the sin of Odom, the first man (2) the sin of the dor hamabul (the generation of the flood) (3) the sin of the dor haflogo (those who built the Tower Of Bavel), (4) the sin of Sedom, (5) the sin of the eigel (golden calf) and (6) the sin of the meraglim, the spies.

In this week’s parsha, there are two examples of the Seforno’s approach. The first example is the command to bring a mincha and nesochim offering with a voluntary private sacrifice.4 Seforno writes “before the eigel the korban was a reiach nichoach (pleasant fragrance) without the mincha and nesochim offerings, as we see with Hevel, Noach and Avrohom and as at Matan Torah when they offered olos and sacrificed shelomim. After they sinned with the eigel however, they needed to add a mincha and nesochim to the olas tomid, which was a communal korbon, and now that they had sinned with the spies the mincha and nesochim were required to kasher even the private korbon”.

The second example appears later in the same chapter, when the Torah commands us to take challah.5 Seforno writes as follows: “After the sin of the spies it was required to take challah, as is stated – ‘the first of your dough give to the kohein in order to bring a blessing into your home.’”6 1 R. Obadiah Seforno (1475-1550) in addition to his vast Torah knowledge, studied medicine, mathematics and philosophy in Rome and settled in Bologna. He served as a Dayan and Rosh Yeshiva. His classic commentary on the Chumash, printed in most editions of Mikroei Gedolos, is renowned for its brevity, and originality in the interpretation of the simple pshat.

2 I am indebted to Rav Yehuda Cooperman for his masterful edition of Seforno al Hatorah.

3 In this introduction, significantly entitled “Kavonos HaTorah”, he explains the intention behind each of the korbonos and the mishkan. In addition, he outlines the relationship between the historical sections of the Torah and the Torah itself. In the course of his commentary he elaborates on the consequences of the historical events on the substance and transmission of the Torah.

4 Beginning of Chapt 15.

5 Chapter 15 verses 18-22 6 Yechezkel 44, 30.

Thus, had the spies not sinned there would be no reason to offer a mincha or nesochim with a private voluntary korban, and but for the sin of the eigel there would be no mincha or nesochim for a communal korban. Similarly, the mitzvah of challah would not have been given.

However, we know that all the mitzvos were given on Har Sinai – did this also include the mitzvah of challah?

Was it given on Sinai, conditional to the Israelites sinning later? This raises major philosophical problems which are beyond the scope of this article.

Of course, we have many sources that tell us the Torah cannot be amended in anyway, so we are forced to say that this rule only applied when the Torah was finally sealed and signed off by Hashem and handed over to Moshe Rabbeinu, which was some time after Matan Torah.

This is consistent with the statement of Chazal7 that “had Israel not sinned,8 they would only have been given the five books of the Torah and the book of Yehoshua”9. The books of the prophets would not have been necessary as their main purpose is to rebuke the people as a consequence of their sin10. This links to another statement of Chazal11, that le’osid lovo (in the Messianic era) the books of Neviim and Kesuvim12 will be annulled.13 Seforno writes: “had they not sinned with the eigel, the Torah would have been sealed (chasumo) by the hand of Hashem, as were the luchos.”14 The substance of the Torah would not have changed but the method of transmission would have been altered, in that much of Torah SheB’al Peh would not have been necessary and would have been learnt from the Torah Shebiksav.15 The examples from our parsha take this one step further.

Had Israel not sinned, not only would the Torah have been transmitted in a different way but the substance of the Torah would have been different - we would not have taryag (613) mitzvos! We are left with the dilemma as to why much of Bamidbar is not to be revoked in the future, together with the books of Neviim and Kesuvim.

7 8 9 10 11 12 13 14 15

Nedorim 22b Shita Mekubetzes states this refers to the sins of the Eigel and Meraglim Yehoshua is included because of the value of Eretz Yisroel. (Gemorah) Ran. Yerushalmi Megilah 1:5 With the exception of Megilas Esther.

Torah Temimah Devarim 5:19 Shemos 24:12, 34:27 See also Haamek Dovor Shemos 24:12. Meshech Chochmo Bemidbar 9:10, Shevus Yaakov (Vol.2 182).

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3. Why did Moshe only change Yehoshua’s name and daven for him and not to save one or more of the other meraglim?

Rabbi Jonny Ross

Managing Director, Aish Manchester

4

There was a class I used to attend regularly, that required a large amount of analytical thinking.

Despite being there several times a week, I never used to say much, as at points it was a little out of my depth and the teacher was a super genius who I didn’t quite have the guts to approach.

But on one occasion, a question came up in my mind that I was sure I was going to retire on and which would earn me the admiration of the whole class, or so I thought. I raised my hand and timidly started to ask, but only a few words in, I was immediately cut off by the teacher who shouted out aloud, “WOW! That’s a good question. I was hoping someone would ask that.

That’s a really finely thought out question. Well done!”

event turned into a total disaster as the group switched their allegiances away from G-d and rallied the people to rise up and take a stand back towards Egypt, casting such severe doubt among the people that they cried and cried deeply at the terrible events they perceived were about to happen. They no longer wanted to enter into the Land of Israel.

I honestly felt like I had scored the winning goal in the World Cup finals and a feeling of superiority crept over me that me, with my brain, had masterminded the most intellectual feast that anyone had ever tasted. He then turned to the rest of the class and asked if everyone had heard my question. A lot of them hadn’t (ordinary folk with ordinary brains) so he began to repeat it and the more that he explained my question to everyone, the more I began to feel that something wasn’t quite right. The question that the teacher was repeating wasn’t the one that I had asked!!

It was a much better one and one that I probably wouldn’t have thought of. This was summed up by the “helpful” student sitting next to me who interrupted to say, “That wasn’t his question! His question was...” and then started to repeat my original question, which had by now lost all of its shine and seemed like the kind of query that might be asked by a particularly stupid sheep. The teacher’s face dropped from elation to something bordering on disdain.

“Oh,” he said “that’s all your question was?” All eyes in the room were focussed solely on me and I was faced with a choice: Do I swallow my embarrassment and tell the truth or do I lie and gain the respect of the class?

We see from here how careful we have to be regarding the company we keep, as a bad influence from neighbours or friends can quickly drag a person down. This obviously works in both ways and if we can keep the positive influences coming in then they too have their effects. All too often we are in need of Divine assistance in order to navigate our way through the challenges and perils that are lying in wait for us in this area. Each of us should cordon off some proper introspection time to ask ourselves if we are dealing with the trial of outside influences appropriately.

Most of us don’t have the assurances of Moshe looking out for us nor the power of Calev’s prayer as our weapon and if we aren’t constantly checking ourselves and seeing what we look like in the spiritual mirror, who knows what we will find looking back at us one day?

In Parashas Shelach we find that the Jewish people descend down to the very depths of the abyss when a crack elite squad of 12 specially chosen high-ranking officials is formed in order to spy out the Land of Israel. The entire

The Torah says that actually there were two among the group who did not follow in the path of the others – Calev and Yehoshua and each of them employed special degrees of assistance in order for him to be able to withstand the temptation to join the popular culture at the time. Calev took a detour while the others went on a fruit-picking exercise and prayed that he would have the strength not to join the ranks of the rabble-rousers and Yehoshua was given a unique name change by Moshe himself (from Hoshea to Ye-hoshua) which had the power within it to give him the courage to combat the naysayers.

So when you have a quiet moment, ask yourself the following questions: If you were completely unconcerned about what others would think about you, what sort of things might you be able to accomplish in your life? How do you feel when people like you because they think you are someone that you are not? How much energy do you spend doing things to favourably impress others? And if it is a lot, is it worth it?

I think that you will have some interesting things to think about if you can answer these questions honestly. I know that I did that day sitting in class...

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4. Why does the parashah of tzitzis come into Parashas Shelach?

PARSHAH

The Trial of Outside Influences

Rabbi Yaakov Bennett

Limmudei Kodesh Teacher, JFS

5

“Then Hashem spoke to Moshe, saying: ‘Speak to the children of Israel and tell them to make for themselves tzitzis on the corners of their garments throughout their generations…’”

Bamidbar 15:37-38 The Jewish people’s zechus to have the mitzvah of tzitzis, found in this week’s parashah, has a surprising origin, one far earlier in the Chumash. In Parashas Noach, Shem and Yefes find their father in a state of dishonour. Together, with great care, sensitivity and respect, they cover their father with a cloak. However, the Torah describes Shem and Yefes’ taking of the cloak to cover their father in the singular (vayikach). Rashi explains that this grammatical irregularity is teaching us an insight into the actions of the two brothers: “This teaches us that Shem exerted himself to perform this mitzvah more than Yefes did.

Therefore, Shem’s descendants merited a tallis with tzitzis, while Yefes was rewarded with burial for his descendants.”

The Maharal expounds on the idea that each son was rewarded differently for his actions. Since the two brothers honoured their father by covering him, they merited to be honoured themselves.

Shem exerted more effort in order to restore honour to his father. In turn he merited the mitzvah of tzitzis – an honour as a spiritual being, as Rabbi Yochanan said, “My clothes honour me” (Shabbos 113a). Yefes was only concerned that his father not be disgraced and so, he merited to be buried so as not to be left in disgrace, but he was not granted any mitzvah to perform.

We see that differentiation of reward is based on the amount of effort we put in for each mitzvah,

or as Chazal put it in Avos, “L'fum tzara agra” – "according to the effort is the reward." Every extra ounce of effort that we put in to our limmud haTorah or mitzvah observance is infinitely important and rewarded in turn, as illustrated by the following story: The Vilna Gaon's wife and a close friend of hers used to go from door to door collecting tzedakah for poor families in Vilna. The two women made a solemn pact that whoever passed away first would come back in a dream and tell the other one what awaited her.

As it happened, the other woman passed away first. Sometime later, she appeared to the Vilna Gaon's wife in a dream and said, "I'm not allowed to tell you what goes on in Heaven, but because of our pact, I have been allowed to reveal one thing to you.

"Do you remember the time the two of us went to collect tzedakah from a particular woman and did not find her at home? We went on to our other stops and later we saw that woman coming toward us on the other side of the street. You remarked that she was coming and lifted your finger to point her out to me, and we crossed the street and asked her for a contribution. Do you remember that?

"Know that the money we collected from that woman is recorded in both our names, since we both had a part in that mitzvah. Every step each of us took on our way to get her contribution is recorded equally for the two of us. But in addition to that, there is recorded in your ledger alone the fact that you raised your hand and pointed a finger to call my attention to her. Even that small gesture has not been overlooked and is greatly rewarded."

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5. What did the person gathering wood do wrong and who was he?

PARSHAH

According to the Effort Is The Reward

Headed by Rabbi Yehoshua Frickers

This week: R’ Avrumi Hager

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

6 DISHWASHERS

HALACHA KASHRUS

‫כולל הלכה ברורה‬

This will have a direct implication to case 1:

The following two examples discuss quite common issues and entail many areas of hilchos basar b’chalav. We would like to give an overview of the general issues involved, but for a psak please consult a recognised halachic authority.

The meaty dishwasher may have meaty ‫בליעות‬ which will come in contact with the milky ‫בליעות‬ emanating from the dishes making the water assur (forbidden) and which will in turn assur the dishes and dishwasher.

Case 1: Yankel had a lot of guests for seudah shelishis, when he served a hot milky meal. After Shabbos he realises that there are too many dishes to wash by hand so, thinking it’s permitted, he put them in his dishwasher right after having used it for the meaty dishes. What is the din of the milky dishes and the dishwasher?

However, if the volume of the water is 60 times the volume of the meaty residue, then the dishwasher did not become meaty as the water would nullify any ‫בליעות‬ before they are absorbed into the dishwasher. Consequently the utensils and dishwasher do not become assur.2

Case 2: Chaim is emptying his meaty dishwasher at the end of a cleaning cycle and finds a milky plate in it. What should he do with the meaty dishes? What about the milky plate?

What is the status of his dishwasher?

In order to understand the issues that could arise in both cases and find possible solutions, we need to understand how do the “‫”בליעות‬ blios ‘food flavour absorbed in utensils or food’ travel? And how does ths impact on other food or utensils?:

‫נ״ט בר נ״ט‬

‘NAT BAR NAT’

For example: a fish removed from a hot (clean) meaty pan can be eaten with milk since the fish is two stages removed from the original meaty food 1. Meaty ‫בליעות‬ from the meat into the pan ( ‫)נותן טעם ראשון‬. The pan absorbs ‘meaty flavour’ from the meat – this is a ‘first degree’ transmission of taste.

2. Meaty ‫בליעות‬ from the pan to the fish (‫)נותן טעם שני‬. This is a second degree transmission At this stage the power of the meat taste which is still muttar is too weak to subsequently create an issur bassor bechalav when mixing with the milk.

This is called ‫ נותן טעם בר נותן טעם‬or ‫נ״ט בר נ״ט‬. The mixture is separated by two degrees.

WASHING DISHES TOGETHER The Rema1 holds that if someone cleans his milky and meaty dishes simultaneously in a bowl of boiling water, even though the dishes are clean and have no remnants of food on the dishes, those dishes will require kashering. However, if the water is 60 times the volume of the milky or meaty dishes then all the dishes are still kosher.

DISHWASHER TABLETS The Mechaber3 writes that if one introduces ashes into the above mentioned large bowl of water, where the dishes are being washed, the bitterness of the ashes ruin the flavour of the ‫בליעות‬, and the dishes will not require kashering. This is called ‫ טעם פגום‬a detrimental taste.

Even though the Taz and the Shach disagree with the Mechaber as to whether ashes can have such a negative effect on flavour, they do agree, however, that when using a stronger substance which has a definite negative impact on flavour, no issur (forbidden substance) is created.4 In our case it could be argued that dishwasher tablets definitely ruin the taste of ‫בליעות‬.

However, this would only work if the tablets dissolve in the water prior to the water heating up, thus causing meaty and milky ‫בליעות‬ coming in contact with each other, otherwise, once the “mixture” of milky and meaty has been created, ruining the taste will not help, as ‫איסור‬ would have been created already.

Additionally, some poskim say that this effect perhaps only occurs to mere residue but not to actual pieces of food. Therefore if one does not rinse off those pieces this heter (dispensation) may not apply.

FINDING A MILKY DISH IN A DISHWASHER AFTER A MEATY CYCLE Following the above arguments: If the volume of the water and any meaty food remnants is 60 times the volume of the milky remnants and dishes: •

The meaty dishes will be fine, as will the dishwasher, since any ‫בליעות‬ or food would have become ‫( בטל‬nullified) in the mixture of the meaty food and water.

•

However, the milky dish will need to be kashered. This is assuming that at a particular time during the cycle the water did not have 60 times the meaty residue5 and therefore that residue has potential to assur (forbid) the milky dishes.6

•

Nevertheless, if the soap is ‫פוגם‬, and it dissolves into the dishwasher before the water heats up, the ruling would be more lenient even in respect of the milky dish.

The reason for the above ruling is twofold: •

•

There is a concern that the dishes might touch each other during the washing process, so that the meaty ‫בליעות‬ in the meaty dishes come in direct contact with the milky ‫בליעות‬ in the milky dishes. (‫)נותן טעם ראשון‬ Even if the dishes don’t touch each other, the meaty and milky ‫בליעות‬ from the respective dishes come in contact with each other in the water resulting in the ‫ טעם שני‬secondary level of transmission being created be’issur.

1 ‫סימן צה סעיף ג‬

2 ‫אגרות משה יו"ד ח' ב' סי' כ"ט‬. Today’s dishwashers use considerably less water and may not have 60 times the residue at all times.

3 ‫'סי' צ"ה סעי' ד‬ 4 ‫משמעות הפוסקים שם‬ 5 See note 2 above 6 ‫'סי' צ"ד סעי' ג‬

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6. Could the 40 year punishment of staying in the desert have been much worse?

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

7 DRIVING WHEN TIRED

1. A person who drives whilst tired is likely to suffer lapses of concentration and even to fall asleep whilst driving.

2. It is prohibited for a person to embark on a (long) journey if he is tired and cannot guarantee that he will not fall asleep whilst driving.1 3. A driver who undertakes a long journey and falls asleep whilst driving due to not having slept sufficiently before commencing his journey and thereby causes an accident in which a passenger is injured, is classified as a choivel b’yodayim – as though he injured that person with his own hands.2 4. A driver who feels tired whilst driving should stop his vehicle in a safe place and rest until he is sure that he is sufficiently awake to continue driving safely.3

DRIVING WHEN UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES 1. The halochos outlined above concerning driving whilst tired, also apply to one who is under the influence of alcohol or any other substances which reduce concentration.4 2. It would appear that the level of responsibility of one who causes an accident whilst under the influence of alcohol is even greater than that of one who falls asleep whilst driving.

3. (The reason for this is because a driver who has consumed alcohol before driving has actively placed himself and others in greater danger than a driver who falls asleep involuntarily due to lack of sleep.5) 4. The prohibition on driving whilst under the influence of alcohol applies even on Purim and after Purim whilst still intoxicated.6

DRIVING PATIENTS TO HOSPITAL 1. A person who is driving in order to attend to a sick person or who is driving a patient to hospital should ensure that he does not put the lives of other people at risk in the process of travelling to the hospital.

HALACHA DRIVING

A Practical Halachic Guide to Safe Driving (6 Part Series) Part 4

4. Consequently, a person who attempts to drive in a way which minimises chillul Shabbos is likely to endanger his own life and the lives of other people.

5. Therefore, unless a person is experienced in driving in a manner which minimises chillul Shabbos, he should drive a seriously ill patient, or a woman in labour to hospital without any variation from the way one drives on a weekday (assuming that he drives safely on a weekday!).

6. He should use any lights, indicators, etc. which are necessary in order to drive safely.9

DRIVING IN ORDER TO PERFORM A MITZVA 1. All of the restrictions on driving described above apply even when a person is travelling in order to perform a mitzva.

2. Although Chazal state "‫ "שלוחי מצוה אינן ניזוקין‬and"‫שומר מצוה לא ידע דבר‬ ‫‘ –"רע‬Those who are involved in the performance of a mitzva will not suffer harm’, this does not apply where there is a likelihood of danger.10

REVERSING 1. When reversing, a driver should take utmost care to ensure that the area behind his vehicle is clear and that no people are present.11 2. Extra care is required in areas where children play. Children often run behind cars and are not visible in the mirrors.

SCHOOL ROTAS 1. Chazal required special care to be taken when transporting children to and from school.12 2. Drivers of school rotas should ensure that: a. the children they are transporting have entered the car completely and have closed the door properly. b. all children are safely wearing seatbelts in accordance with legal requirements. (See Section G below.) c. no other children are near the vehicle when setting off initally and after dropping children off at school.

DRIVING PATIENTS TO HOSPITAL ON SHABBOS

d. children go safely from the car to the school.

1. A person who is required to drive a seriously ill patient or a woman in labour to hospital on Shabbos must still drive in a safe manner, eg. using indicators, lights at night-time etc.7

e. they take care when leaving school premises, especially if reversing.13

2. A person who is experienced in driving in a manner which minimises chillul Shabbos (such as using a shinui when pressing the indicator lever) should obviously do so, as long as this will not endanger life.8

]‫ שם סע' סב [ובמהד' חדשה שם סע' סא‬9 ‫ ופ' שם‬,‫ ע' פסחים ח ב וז"ל "והאמר ר' אלעזר 'שלוחי מצוה אינן ניזוקין'? היכא דשכיח היזיקא שאני וכו'" ע"ש‬10 '‫ וע‬."‫ לא סמכינן אניסא‬,‫ וע' גם קידושין לט ב "וכל היכא דקביעי היזקא‬.‫המאירי משום שאין סומכין על הנס‬ '‫ וע‬."‫מאירי (יומא יא ב) שכ' "[כי] אין הקב"ה רוצה שיהא מוסר עצמו לסכנה ויסמוך על הנס בשביל קיום מצוה‬ ‫ מבואר‬,‫מחזור ויטרי (לתלמידי רש"י) פ"ג דאבות מ"ד דמשמע דממה דאמרו חז"ל דכל הדרכים בחזקת סכנה‬ ‫ וכ' בספר אהלך באמתך שם‬.‫ ולא אמרינן ביה דשלוחי מצוה אינן ניזוקין‬,"‫דהדרכים נחשבים כ"שכיחא היזקא‬ ‫דאע"פ דמבואר מתוס' (פסחים ד א ד"ה שנאמר חולין צא ב ד"ה מהכא) דבהליכה בדרכים כן אמרינן שלוחי‬ ‫ מ"מ בזה"ז דנתרבו התנועה ונתרבה התואנות‬,"‫ אלמא דנחשבים הדרכים כ"לא שכיחי היזקא‬,‫מצוה אינם ניזוקין‬ ‫ וע' שו"ת בית שערים שכ' דענין "שומר מצוה לא ידע דבר רע" נאמר רק‬.‫ לכ"ע נחשב כשכיחא היזקא‬,‫רחמ"ל‬ ‫ מבוא פרק‬,‫ ע' בספר שמירת הגוף והנפש‬,‫ וכ"כ רוב אחרונים‬.‫בעניני סגולה אבל לא בסכנות שבאים בדרך הטבע‬ .‫ ומביא שם הרבה הגבלות אחרות לכלל הנ"ל‬,‫ אריכות גדולה בזה‬,‫יב‬ ‫ עקיבא טאץ שליט"א שפעם אחת הוא‬.‫ ושמעתי מעשה נורא מהרב דר‬.‫ עמוד קפג‬,‫ וכ"כ בספר וחי בהם‬,‫ פשוט‬11 .‫ רחמ"ל‬,‫בעצמו נקרא לעזור ולטפל באב אחד שנהג מכוניתו אחורנית וע"י זה הרג את בנו‬ ‫ מתקנת יהושע בן גמלא ואילך לא ממטינן ינוקא ממתא למתא אבל מבי‬:‫ ע' בבא בתרא כא א "אמר רבא‬12 ‫" ופרש"י בד"ה לא ממטינן ינוקא ממתא למתא‬.‫ לא ממטינן‬,‫ ואי מפסק נהרא‬,‫כנישתא לבי כנישתא ממטינן‬ '‫ (וע‬.‫ שנ' פן יקראנו אסון וכו' ע"ש‬,‫ שהשטן מקטרג בשעת הסכנה‬,‫ שמא יוזק בדרכים‬,‫ מיום ליום‬,‫וז"ל ללמוד‬ ‫בהג' ר' מתתיהו שטראשון [בן הרש"ש] שם שציין מקור למאמר הנ"ל "השטן מקטרג וכו'" מירושלמי שבת פ"ב‬ ‫ ובהג' הרמ"ש הנ"ל ציין עוד‬."‫ וכן הובא ברש"י בראשית מב ד עה"פ "פן יקראנו אסון‬.‫ובראשית רבה פצ"א יא‬ ‫ בשעה‬:‫ להזכיר עונם וזכותם) אמר ריש לקיש‬,‫לבבלי שבת לב א "וגברי היכא מבדקי? (פרש"י מעשים שלהם‬ ‫ דין הנ"ל‬.)‫ ותו לא? אימא כעין גשר" ופרש"י כל מקום סכנה כגון קיר נטוי ויוצא לדרך‬.‫שעוברים על הגשר‬ .‫ ע"ש‬,‫נפסקה להלכה בשו"ע סי' רמה סע' ט"ז‬ .‫ ולאחרונה היה מעשה באחת מבתי ספר באזורנו שילדה אחת נפגעת במכונית בחצר ביה"ס‬1 3

3. Most people, however, are not experienced in driving in a manner which reduces chillul Shabbos. .'‫ שו"ת שבט הלוי ח"ח סי' שא ושו"ת יביע אומר ח"ט חו"מ סי' ה‬,‫כן פסקו בשו"ת ויען דוד חלק חו"מ סי' רנז‬ ‫שם‬ ‫ שו"ת שבט יביע אומר שם‬.‫שו"ת ויען דוד שם‬ ‫ וכמו שמצינו שרב שנשתכר (ח"ו) דאסור‬,‫ דהא אינו שלם בדעתו ואין לו שליטה על מעשיו‬,‫כן נראה פשוט‬ .‫ וכ"כ בספר וחי בהם עמוד קעא‬,‫ וחמירא סכנתא מאיסורא‬,‫להורות – ע' שו"ע יו"ד ס' רמב סע' יג‬ ‫כן נראה‬ ‫ מ"מ אין‬,)‫דהא אע"פ שמותר ומצוה לשתות יין לכל הפחות יותר מלימודו (ע' שו"ע ורמ"א סי' תרצה סע' ב‬ ‫ וכל מה שדיברו הפוסקים באו"ח סי' תרצה סע' ב בענין המזיק‬.‫ וגם עבירה היא בידו‬,‫מצוה לנהוג מכונית אח"כ‬ ,‫את חבירו מחמת שמחתו בפורים שייך רק לענין מי שעדיין שולט על מעשיו ומ"מ הזיק בשוגג מחמת שמחתו‬ ‫ אבל מי‬.)‫ ע' חו"מ סי' שעח סע' ט‬,‫והשאלה הוא אם לפטרו מלשלם (ובזה איכא דעות שונות וציורים שונים‬ ‫ עכ"פ בודאי‬.‫ ע' פתחי חושן הל' נזיקין פ"א סע' י‬,‫שאינו שולט על מעשיו מחמת שכרותו אינו פטור מלשלם‬ .‫איסור גמור הוא לעשות לכתחלה מעשה היזק או לנהוג באופן שעלול הוא לגרום היזק‬ ‫ע' שמירת שבת כהלכתה פרק מ' סע' נה‬ ‫נג‬-‫שם פרק מ' סע' נ‬

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7 8

7. Why is the parashah of the meraglim next to the parashah of Miriam?

Rabbi Avi Wiesenfeld

Rosh Kollel, Yerushalayim and Rav at Kav Halacha Beis Horaah

8

Making Money on Shabbos (Part 3) HAVLA’AH # 2 Until now we have been discussing a type of havla’ah that is permitted because one payment is made for one job, part of which is done on Shabbos. There is, however, a type of havla’ah that makes it permitted to pay someone for work solely done on Shabbos.

If a person carries out a job or service on Shabbos and incurs expenses while doing so, then the compensation for that expense is not considered s’char Shabbos. This is because no-one has to provide free products on Shabbos. Consequently, once one is permitted to pay for that expense, one may pay extra to include the wages for the work done, provided it is all one payment for one service.1 For example: •

•

A Jewish hotel (or someone renting his apartment out for Shabbos) may charge for people staying only for Shabbos, since they provides food, linens that require washing, electricity etc. One is permitted to pay for that service plus whatever extra they want to charge to make a profit since it is all one payment.

A caterer may charge for making a Kiddush on Shabbos, since they incur the expenses of buying and preparing food, waiters etc. Thus one may pay them a total including the profit they are making on the Kiddush.

Q. Does earning money in a bank pose a problem of s’char Shabbos?

A. It depends on what the arrangement with the bank is: If the interest is worked out and paid per day, one may not receive payment for Shabbos since that money is considered s’char Shabbos.

Nevertheless, many poskim say that since the bank’s day starts and finishes from at midnight, some of that “day” is Shabbos and some is not, so the payment made for that day is not solely for Shabbos and therefore it is permitted to receive it2.However, this may still pose a problem when Yom Tov and Shabbos fall one after the other, or with the two days of Rosh Hashanah, since s’char yom tov is also forbidden.

There will be one full ‘halachic’ day that he will be receiving interest which is forbidden3.

One method offered by the poskim is to calculate how much interest is earned on that day and give it – in private – to tzedakah4.

One should consult his local halachic authority for a final ruling in this matter.

.‫ שו"ת מהרש"ג ח"א סי' סה ד"ה עוד‬,"‫שו"ת נודע ביהודה מהדו"ת סי' כו ד"ה ולפ"ז‬ .‫ הגרש"ז זצ"ל בשש"כ הע' קלד‬,‫ באר משה ח"ה סי' ק‬,‫ מנחת יצחק ח"ט סי' נט‬,‫אג"מ או"ח ח"ד סי' נט‬ ‫ דבמקום‬,)‫ וע"ע בשו"ת באר משה ח"ה סי' ק שכתב שהסומך על דברי השבות יעקב (הובא במ"ב‬.‫אג"מ שם‬ .‫שאין דעתו לחזור לא הוי שכר שבת‬ .‫אג"מ שם‬

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HILCHOS SHABBOS

The Weekly Halachic Conversation

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Q. If one owns a website that operates on Shabbos, does it pose a problem of s’char Shabbos?

I have been asked frequently about this, and although I will write the basic guidelines, one should consult his Rav before making a final conclusion. Allowing a website to operate on Shabbos and conduct business on behalf of its owner is similar to starting a machine before Shabbos and allowing it to continue working on Shabbos, e.g., the air-conditioning or water sprinkler system, which is permitted.

The question is how is one allowed to profit from anything that is purchased on Shabbos? According to what we have explained above, the profit made on Shabbos is havla’ah (since it costs the seller money to buy the item and he is allowed to charge for that plus some extra) so it does not pose a problem of s’char Shabbos.

A problem that is discussed amongst the poskim is whether or not having one’s business run for him on Shabbos, even though he himself does nothing on Shabbos, constitutes a zilzul Shabbos (disgrace to Shabbos).

There are three options some poskim offer to prevent the problem5: a. The website should be closed down during Shabbos hours [the hours of Shabbos according to where the owner of the site lives], b. One can set up a system that allows the purchaser to click on ‘buy it now’ when he enters his credit card details, but the actual purchase doesn’t take place until the order is processed. This way no money has been transferred on Shabbos. c. One should find out from the ‘processers’ [who transfer the money from the purchaser’s account into the seller’s account] how they operate. Many banks are closed at the weekends and so the transfer for a purchase made on Shabbos only actually takes place on Monday morning. If this is the case, it also allows the website to remain open as no monetary gain is made on Shabbos itself.

Once again, depending on the type of business, if people know that it is owned by Jewish people, and many other factors, one should consult with his Rav regarding his particular situation.

Rav Shimshon Raphael Hirsch notes that people mistakenly think that work is prohibited on Shabbos so that it should be a day of rest. He points out that the Torah does not prohibit doing avodah, which connotes hard work, but melachah, which implies purpose and accomplishment.

Shabbos is a day on which we refrain from constructing and altering the world for our own purposes. The goal of Shabbos is to allow Hashem’s rule to be the focus of creation by refraining from our own creative acts.

4

.‫ כך שמעתי מכמה מומחים בזה וכמה פוסקים‬5

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8. Which shevet was not at all involved in either the sin of the egel or the sin of the meraglim?

Doniel Levy

Maggid Shiur in Gibraltar

9

We know the story. 12 spies go on a mission. Two men – Calev and Yehoshua – fight valiantly for a faithful report of the Promised Land. Upon their return to the nation, 10 of the spies speak badly about the Land (for a raft of possible reasons1) while our two heroes attempt to convince the despairing People of the truth. But – alas – they are too late. The damage is done. The tears have been shed; the decree has been cast,2 and Jewish history has irreparably shifted onto a gloomier path.

Calev and Yehoshua, the unsuccessful almost-heroes of this tragic tale, seem like interchangeable characters. But even a superficial reading of the pesukim and some well-known Rashis should tell us that there is much to divide the two, and raises several questions.

1. Moshe ‘gives’ Hoshea a letter of Hashem’s Name to protect him from the counsel of the meraglim.3 Why wasn’t Calev offered similar protection?

2. Calev davens “alone” at Me’aras Hamachpelah in Chevron so that he would not be influenced by the meraglim.4 If this was a good idea, why didn’t Yehoshua go along?

3. “‫ ָה ָעם‬-‫ – וַ ּי ַ​ַהס ּכָ לֵ ב ֶאת‬Calev silenced the people”.5 This is Yehoshua and Calev’s moment: everything hinges on now conveying the truth. Where was Yehoshua’s support at this critical time?

4. “‫רּוח ַא ֶח ֶרת ִעּמֹו וַ י ְַמּלֵ א ַא ֲח ָרי וַ ֲה ִביא ִֹתיו ֶאל ָה ָא ֶרץ‬ ַ ‫וְ ַע ְב ִּדי כָ לֵ ב ֵע ֶקב ָהי ְָתה‬ ‫יֹור ֶׁשּנָ ה‬ ִ ‫ וְ זַ ְרעֹו‬,‫ – ֲא ֶׁשר ָּבא ָׁש ָּמה‬But as for My servant, Calev, since there was a different spirit in him, and he followed Me wholeheartedly, I will bring him to the land that to which he came, and his descendants will possess it.” Where’s isn’t Yehoshua mentioned? Why does only Calev get this glowing praise from HaShem?

The Chofetz Chaim asks these questions6 and offers the following beautiful explanation.7 It reveals two completely different (and, as he stresses, equal8) paths in avodas Hashem.

When an individual is forced to spend a period of time with bad people, there are two options available to him.

Option 1 is to go ‘all out’ on a crusade. Protect the Torah.

Shine the light on their hypocrisies and iniquities. Rebuke and admonish. Highlight their failures; tell them they’re wrong.

Option 2 is the opposite. Keep quiet or even play along. Make it look like you’re one of them. When you get back home to the Torah world, then slam their terrible lifestyle and sinful ways.

1 All of which are fascinating. However, we will not deal with this question.

2 40 years of desert wandering, the entire generation will be killed off, plus the gezierah of bechiya ledoros...

3 ‫ התפלל עליו יה יושיעך מעצת מרגלים‬:‫ פסוק טז‬,‫רש"י במדבר פרק יג‬ 4 ‫ (סוטה לד) כלב לבדו הלך שם ונשתטח על קברי אבות שלא יהא ניסת לחבריו להיות בעצתם‬:‫ פסוק כב‬,‫רש"י פרק יג‬ 5 ‫ פסוק ל‬,‫במדבר פרק יג‬ 6 He explicitly asks questions 1, 2 and 4, and addresses question 3 in his answer.

7 Slightly different versions can be found: one in Shmiras Halashon Chelek Beis, Perek Yud Tes in the Notes (as quoted by the blue Chofetz Chaim Hachodosh al Hatorah), and another in the old Chofetz Chaim Al Hatorah, Parshas Shalach, Dibbur Hamashchil Vayikro Moshe).

8 At three separate points in his piece, the Chofetz Chaim emphasises that these opposing options are equally great. Adoption of one or the other will depend on the individual’s unique character and strengths.

PARSHAH

The Untold Story Of Unsung Heroes

Each of these two options has its own perils and benefits.

Option 1 puts you in obvious danger of your life and physical safety. No group will gladly welcome such harsh and consistent attack. You are dependent on G-d’s merciful protection. On the plus side, your neshamah is in tact, since there’s little chance of you being influenced whilst you’re waging this campaign.

Option 2 is the opposite situation. Your physical security is almost guaranteed: you’re one of them and will receive protection as part of the alliance. But your neshomo is in grave danger.

Because you’re one of them, you could begin to forget that it’s only an act. “A man is led after his actions”: slowly but surely, this façade erodes your inner character.

Yehoshua chose Option 1 (the crusade option); Calev adopted Option 2 (the double agent option).

Only Yehoshua’s risky stance required extra Divine mercy so he was afforded an extra letter in his name as extra protection; Calev was in no physical danger and so did not require this.

When the group later arrived in Chevron, saw the giants and feared them, they decided that they would warn the Jews against entering the Land.9 Calev saw the mission heading for disaster and realised he would only be allowed to speak up and convince the Jews of the truth if he played along now. But he feared that his thoughts would be affected by his actions and he would ultimately come to agree with the group. So he prayed at Kivrei Avos that his resolve would hold till the end of the mission.

We now also understand why the meraglim gave Calev his moment to speak during their national report. He was one of them! Thus it was only Calev who could silence the people.10 Yehoshua, though, who had been fighting against them all along, was shunned and denied such public attention during this key moment, since he was seen as a threat to their plan.

Finally, it explains why the “Another Spirit” accolade was given

by Hashem to Calev and not Yehoshua – Calev held conflicting “spirits” in his heart and mouth so that he could reveal Hashem’s truth at the critical moment.11 (This idea itself raises a profound question. While both were praised, neither men succeeded in his plan to change the report or its impact. Similarly, at the chet ha’egel, Chur (Option 1) was killed and Aharon (Option 2?) was rebuked – and his plan failed.

At Yosef’s pit, Reuvain’s plan (Option 2) also failed. Is there a lesson here? That even if our plan to do the right thing will ultimately fail, our obligation is to remain a faithful Eved Hashem, regardless of the outcome? Food for thought.)

9 “When they saw the giants Achimon, Sheishiy and Talmiy, the children of the giants, fear fell on them. Immediately they thought to warn the Jews not to enter the Land, for “who can stand against children of giants?” (Devorim 9:2)” – Chofetz Chaim Hachodosh al Hatorah.

10 He shushed the people, then started “in character”. Apparently reinforcing the meraglim’s report and receiving their full backing, he could therefore announce the truth with impressive power.

We have new understanding of Rashi’s well-known words on this possuk: ‫לשמוע מה שידבר במשה‬ ‫צווח ואמר וכי זו בלבד עשה לנו בן עמרם השומע היה סבור שבא לספר בגנותו מתוך שהי' בלבם על משה בשביל‬

‫דברי המרגלים שתקו כולם לשמוע גנותו אמר והלא קרע לנו את הים והוריד לנו את המן והגיז לנו את השליו‬

11 ‫ שתי רוחות אחת בפה ואחת בלב למרגלים אמר אני עמכם בעצה ובלבו‬- ‫ רוח אחרת‬:‫ פסוק כד‬,‫רש"י במדבר פרק יד‬ ‫היה לומר האמת ועל ידי כן היה בו כח להשתיקם כמו שנא' ויהס כלב שהיו סבורים שיאמר כמותם‬...

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9. Why does the parashah of minchas nesachim, flour sacrifice and wine libations, appear in Parashas Shelach? How is it connected to the meraglim?

Daniel Nevies Maggid Shiur Nishmas Yisroel

10

,‫ ויתרו את ארץ כנען‬,‫ שלח לך אנשים‬.‫וידבר ד׳ אל משה לאמר‬

‫אׁשר אני נתן לבני ישראל׃ איש אחד איש אחד למטה אבתיו‬ ‫ ויׁשלח אתם משה ממדבר פארן על פי‬.‫ כל נשיא בהם‬,‫תשלחו‬ .‫ ראשי בני ישראל המה‬,‫ כלם אנׁשים‬,‫ד׳‬

And Hashem spoke to Moshe saying, “Send thou men, that they may spy out the land of Canaan, which I give to the Children of Israel: of every tribe of their fathers shall you send a man, every one a ruler among them. And Moshe sent them from the wilderness of Paran, at the command of Hashem: they were all men, heads of the Bnei Yisrael” The language which the Torah uses to describe the meraglim: anashim – [important] men, nesi’im – princes and roshei Bnei Yisrael – leaders of the Jewish people, suggests that they were highly esteemed and prominent members of Bnei Yisrael. Indeed, Rashi and the Ohr Hachaim Hakadosh elucidate 'anashim' by describing them as righteous men of great importance.

Many of the commentators ask the question that if the spies were individuals of such good intentions, why weren’t they able to overcome their fears and trust that Hashem would provide for them? Why were they so reluctant to go into Eretz Yisrael? Where was their trust in G-d? They had witnessed the most miraculous of plagues and watched as the most powerful nation in the world was rendered powerless. They had observed the total annihilation of the Egyptians at the splitting of the Yam Suf and seen how Hashem had personally brought them out of Egypt and sheltered and sustained them in the midbar. What could possibly cause them to suddenly question G-d’s ability to lead them into the Promised Land? Could they have doubted His ability to protect them? Such a possibility seems absurd.

The Pri Tzaddik quotes the Izhbitzer Rebbe who said that the sins of the meraglim are the backbone and very words of our holy Torah itself and if a single letter/word was missing from these sins, the Torah would be passul...but our greatest mitzvos are not even recorded in the Torah. The Izhbitzer Rebbe puts an interesting perspective on how the aveiros of the spies, when viewed on a deeper level, were so lofty in their nature.

The Baal HaTanya in Likkutei Torah explains that in order to comprehend the underlying intentions of the meraglim we have to understand the nature of Eretz Yisrael - what did it mean to them and more importantly, what did it symbolise? The Baal HaTanya explains that the spies were only able to relate to Eretz Yisrael as eretz zavat chalav u’dvash – a land flowing with milk and honey which portrayed it on a purely un-elevated physical level. Furthermore, says the Baal HaTanya, most of the physical mitzvos which take place in Eretz Yisrael, such as terumos and SPONSORED

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maasros (tithing produce) and the agricultural laws and laws relating to the Beis Hamikdash, are not in the realm of thought or speech but rather in the sphere of action. The Baal HaTanya explains that the meraglim, due to their elevated stature did not want to descend into the world of physical mitzvos. The pleasure of life in the midbar was such that Bnei Yisrael were able to live an existence focused solely on spirituality as described in Parashas Ekev:

‫ ׂשמלתך‬.‫ כי על ּכל מֹוצא ּפי ד׳ יחיה האדם‬,‫ּכי ֹלא על הלחם לבדֹו יחיה האדם‬ ‫ ורגלך ֹלא בצקה‬,‫ֹלא בלתה מעליך‬ Man does not live by bread only, but by every word that proceeds out of the mouth of the Lord, does man live. Thy garments grew not old upon thee, nor did thy foot swell...

The Ramban described the eating of the man as the ingestion of the Ziv HaShechinah the Divine Presence (in a physical form).

Furthermore, due to the protection the Bnei Yisrael enjoyed from the surrounding ananei hakavod, they could spend their days engaged in learning Torah. Hence, the midbar was perceived by the meraglim to be a place of spiritual bliss.

Notwithstanding the importance of learning Torah, (which when compared to certain mitzvos is described as equal to all of them), the meraglim’s mistake, explains the Baal Hatanya, was that they failed to realise that the application of one's Torah learning is the most important thing. The holy Baal Shem Tov explains that if a person learns Torah purely for its own sake, then Hashem has tremendous nachas, as it were, from the learning. However, if he is able to carry out what he has learned and by doing so, elevate the mundane into the spiritual through performing this mitzvah, then he has created a far greater expression of kavod Shamayim. An example might be the difference between learning the mishnah in Baba Metzia, which discusses exchanging a cow for a donkey, and physically exchanging a cow for a donkey, thus performing this mitzvah.

Although their intentions were noble, the meraglim wanted to retain that pristine spiritual environment surrounded by the comfort of the ananei hakavod but they failed to realise that Hashem wanted a dwelling place below - for us to live a life of Torah and mitzvos outside of the relative spiritual comfort of the midbar.

Yehoshua and Calev understood that Hashem wanted Bnei Yisrael to bring His presence out into the world and to establish communities with It at the centre, which is why they exclaimed ‫‘ – טובה הארץ מאד מאד‬the land is very very good’.

Perhaps the lesson we can learn from the episode of the meraglim is that we should realise that there are countless opportunities to be mekadesh shem Shamayim – to sanctify Hashem’s name in our everyday lives through elevating the mundane and using the physical for a higher purpose in an attempt to connect with Hashem.

May we all be zoche to be mekayem al halomdim - to be able to fulfil that which we learn.

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PARSHAH

Sanctifying Hashem’s Name in our Everyday Lives

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10.The parashahof minchas nesachim, flour sacrifice and wine libations, also appears in another two other places: in Parashas Tetzaveh and later in Parashas Pinchas. Why the need for another mention here?

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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

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Easy Givin g – ‫את ידך‬

A Practical Guide to the Halochos of Communal Obligations, Mitzvas Tzedakah and Ma’aser Kesafim (Part 11)

16:18

In Section A, we clarified the obligation to support the essential communal infrastructure and its precedence over mitzvas tzedakah. In Section B, we focus on the mitzvah of tzedakah and we started with the key sources, its rewards and its exclusive purpose to financially support aniyim / poor people. We then clarified who is obligated to give tzedakah, who is considered an ani, how you must provide for the full needs of an ani where possible and the four levels of tzedakah donations. This was followed by details of the prohibitions related to tzedakah.

Section B – Tzedakah Chapter 2 - The Prohibitions relating to Tzedakah C. A LIST OF PROHIBITIONS.

D. PRACTICAL APPLICATIONS OF THESE PROHIBITIONS.

1. There are various interpretations, as the following list shows, of the prohibitions mentioned in A.1 above, and, unusually, they include not only the inaction of not giving tzedakah, but also inappropriate speech and thoughts. One should therefore take due care to avoid all of the following.

1. Answering the door:

2. Forbidden actions: a. When an ani requests a donation, you must make him a contribution if there is cash available. If, due to mean-spiritedness or callousness, you do not make a donation, you transgress a prohibition. b. In situations where you should donate all the requirements of the ani, as in Chapter 1 Paragraph D.1 and you do not do so, you would transgress two prohibitions. c. Even if you have already donated all your tzedakah set aside for that year, you are forbidden to ignore an ani, and must give them at least a minimal donation as described above Paragraph A.4-6. d. If your immediate, natural reaction is to be sympathetic to the ani and donate, you are forbidden to subsequently change your mind. e. You are not allowed to embarrass an ani when giving him a donation. f. It is forbidden to show displeasure to the ani whilst giving a donation.

By showing displeasure you transgress the prohibition of (Devarim 15:10) “your heart shall not grieve”, and you also lose the merit of the mitzvaoh, even if you gave a substantial donation.

3. Forbidden speech: a. If an ani requests a donation but there is no cash available, then you must not rebuke him or raise your voice in anger, rather you should reassure him and sympathise with his plight. You should explain that you would very much like to help him if you had the wherewithal, and apologise that at the moment you are unable to do so. b. If you vent your anger at an ani when giving a donation you are subject to a serious punishment. c. It is important not to boast about your donations, as not only does this cause the loss of the merit of the mitzvah, but in addition you will be punished.

4. Forbidden thoughts: a. You should not think: “Hashem dislikes this man, which is why he is an ani, and therefore I will not give him anything.” b. You should not think: “Why should I help this ani? Can he not earn sufficient money on his own?” c. You must not regret giving tzedakah nor consider your donation a loss, rather you should trust that Hashem will compensate you in return many times over.

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a. If you know for certain, or if there is a greater than a fifty percent probability, that there is an ani at the door, then you must open the door and give a donation. b. If you are busy with a mitzvoh and an ani knocks at the door, you do not have to answer the door. c. However, if you are learning Torah, even with a chavrusah or your child, then you do have to answer the door. An alternative opinion holds that if you are learning with another person and there is a ring at the door, but you are unsure whether this is an ani or someone else, then you are permitted to continue learning without interruption. d. To minimise these disturbances we suggest that, if possible, a family member should answer the door and politely give the ani a minimal amount and suggest that they come back another time. e. You may place a notice on your door stating clearly that you are available for tzedakah matters only at specific times. The times must be sensible such that it is reasonable to suppose that an ani will be able to collect during those hours. If the ani still knocks on the door outside the fixed hours, then all the above obligations remain in force and you must answer the door and give a donation. f. However, it would seem that if the ani knocks when you are learning with someone else, and there is a note on the door as in the paragraph above, then, since it is likely that the ani can easily return at the available times, you would not have to interrupt your learning.

2. Aniyim in shul: a. If an ani is collecting during davening and you feel that it would genuinely disturb your concentration especially during the more important parts of davening, such as krias shema, you do not have to make a donation. b. To minimise disturbances during davening, you should ensure that you have a book of easy-to-use prepaid vouchers or small change available.

3. Tzedakah request letters: a. Standard non-personalised letters can be ignored. b. Personal letters from an ani are considered, according to some poskim, as if the ani has requested tzedakah directly from you, and therefore must not be ignored.

To Be Continued ....

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11.We see that out of all the meraglim, only Calev was rewarded with Chevron. Why was Yehoshua not also rewarded in this way?

Rabbi Shimshon Silkin

Rabbi of Beis Yisroel Borehamwood & Chazon UK

12

It is difficult to pinpoint the exact area in which the spies failed in their surveillance mission of Eretz Yisrael. At the end of the day they acted with permission from Moshe himself and they did exactly what they were tasked to do – provide an honest and frank report on the land. Rashi (Bamidbar 13:2) explains the juxtaposition of this parashah with the previous parashah discussing Miriam as an indication of their crime: lashon hara. But this too requires further clarification: Miriam levelled her words against Moshe, a living, feeling human being, whilst the meraglim were lambasting a strip of inanimate land (see this argument in the Gemara Archin 15a). Could they not be excused for not equating the sensitivities of Moshe to those of Eretz Yisrael? Did their behaviour warrant such a drastic reaction from the Ribono shel Olam that were it not for Moshe’s interference he would have annihilated them completely?

The Ramban (ibid., 13:33) explains that the meraglim were intent on spinning a negative story about the land to such an extent they told half-truths privately to the people in their tents claiming the land was uninhabitable. That they went into the land to spy it out and prepare for a military onslaught was not in and of itself problematic. The depressing presentation of their report on the other hand, was. Clearly they had a preconceived agenda and were lacking in truthfulness and integrity.

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But Chazal object to the very mission in the first place. The Midrash compares Klal Yisrael’s attitude to that of a distrusting son: Even though Hashem accepted, saying, “Send yourself out men,” He did not really agree that they should be dispatched… This is comparable to a king who told his son, “I have found you a beautiful wife, from an excellent family, who is wealthy and incomparable!” Said the son, “I want to check her out.” The king was insulted by his son’s suspicions. Said the king to himself, “What can I do now? If I refuse his request, he’ll be convinced that she is ugly.” So he gave his approval to his son. When the son met her, he was overwhelmed. “You like her?” asked the king.

“Good! Now, I swear that you shall not have her!” (Medrash Tanchuma, Shelach 5).

PARSHAH

Trust My Appointees

According to this approach their sin was in their lack of bitachon, trust in the protection of Hakadosh Baruch Hu. The Gemara (Arachin 15a) further supports this approach: It was an outrageous thing that these spies said: “For they are stronger than we (mi-menu)” (13:31). Read that as “stronger than He (Hashem mi-menu)! They were suggesting that even The Owner was not able to move His tools out of there…”

Previously we have explained the collapse of the mission and its connection to the previous episode involving Miriam as a break down in emunas chachamim, faith in our spiritual leaders. But Chazal are clearly indicating the spies’ fundamental lack of trust in Hashem and His abilities as well. Perhaps the two are not disconnected. The spiritual leaders of our people do not rise to prominence on the back of slick advertising campaigns or self-promotional marketing. Rather, they ascend the ranks because it is Hashem’s Will that they occupy that position. Indeed when it became apparent to Moshe that he would eventually not lead the Jewish nation into Eretz Yisrael, he didn’t call for “early elections” but rather davenned: "May Hashem, G-d of the spirits of all flesh, appoint a man over the congregation. Who shall go out before them and come in before them. Who shall take them out and bring them in. And let the congregation of Hashem not be like sheep that have no shepherd for them…

(Bamidbar 27:16-18).

Doubting our leaders therefore is tantamount to doubting Hakadosh Baruch Hu because – to use a contemporary sporting analogy - it suggests He doesn’t know his “best team”. In truth though, Hashem would never leave us “like sheep without a shepherd” – we have the leaders we need. In this sense the spies, just like Miriam, were evidently lacking in this key area of outlook: Hakadosh Baruch Hu was saying, “Trust My appointees”. The Kedushas Tziyon explains Moshe’s tefillah for new leadership to mean “let the people appreciate the greatness of their leaders!” Perhaps this idea is contained in the opening two words: Shelach lechah; send [according to] you (see Rashi). Had they been loyal servants to Moshe’s guidance the tragedy could have been averted.

Similarly our unwavering faith in our leaders must serve as an indication of our unwavering faith in their Manager.

1 The meraglim, when explaining how the Jews could not enter Eretz Yisrael, used the word "Efes" meaning "impossible" (28:13). The Jews were in the desert guided by constant miracles. They were meant to take this message into Eretz Yisrael. Entering a place of habitation and seeming teva, nature, they were meant to put into practice what they had internalized that Hashem directs everything and no matter how dismal the prospects look, nothing is impossible. What the meraglim did was remove this reality by saying all was "impossible".

2 There are two ways of dealing with the Yetzer Hara, evil inclination, and both are needed in different situations. We can learn this from how Yehoshua and Calev dealt with the spies. Yehoshua from the start confronted them making clear that he did not want to partner them in their bad reports. Calev on the other hand appeared to agree to them and it was only when they came back did he fight them and reveal his true colours! (Chafetz Chaim Parashas Shelach) 3 Yehoshua, who openly opposed the other meraglim from the start, needed extra protection. Moshe was not davening to change their nature. Instead, Moshe was davening to strengthen Yehoshua's resolve to remain steadfast to the truth and not be negatively influenced.

4 The meraglim's mistake was to look at things according to the laws of nature. According to the laws of teva, nature, the Jews could not conquer Eretz Yisrael. Tzitzis come to teach us that when looking at something, there is a deeper spiritual power hidden behind things – "you may see it and remember all the commandments of Hashem and perform them" (Bamidbar, 15:39). Had the meraglim internalized the message of the tzitzis then they may not have made their terrible mistake.

5 There is an opinion that it was Tzlofachad. Mefarshim explain he did it for the right reasons. He wanted to show the people the severity of Shabbos.

When people would see him stoned for desecrating Shabbos this sight would have a strong impact and act as a deterrent. There are three opinions which melachah of Shabbos he transgressed: carrying four amos in the public domain; uprooting and ma'amer, heaping. (Gemara Shabbos 96b) 6 The 40 year punishment, one year for every day, could have been much worse. To naturally travel through Eretz Yisrael should have taken the meraglim much longer than 40 days. Hashem performed a special miracle that they walked it much faster in order to minimise the punishment to only 40 years. (see Rashi, 13:25) 7 The meraglim saw Miriam's punishment; they should have learned from it, and not spoken lashon hara about Eretz Yisrael. (Rashi, 13:1) The Baal Shem Tov takes this even further. Whatever a person comes across and sees happens for a reason and a person must think what is this hidden message and how to act upon it.

8 The tribe of Levi. They did not participate in the egel nor did they have any spy sent from their tribe.

9 The Jews might think that when the 40 years were up, they might sin again and receive another decree and might end up never entering Eretz Yisrael.

Therefore to comfort them this parashahis included here, which only comes into effect when in Eretz Yisrael (15:2). (Tosfas al HaTorah). Why pick this mitzvah more than any other? The main tool used to prove the claims of the meraglim was the fruit, especially the bunch of grapes. To comfort the Jews, we find a parashah that deals with Nisachim, wine libations, that come from grapes.

10 Originally, sacrifices were to be brought and achieve the required level of reiach Nechoach, a satisfying aroma, without the requirement of minchas nesachim, flour sacrifice and wine libations. This was like the sacrifices of Hevel, Noach and Avrohom. But the sin of the egel created the need for these additions to the sacrifices brought for the tzibbur, the whole community. This is seen in Parashas Tetzaveh with the korban tamid and in Parashas Pinchas with the korban Mussaf. The sin of the meraglim in Parshas Shelach, necessitated the requirement for these additions even to the sacrifices of the yachid, individuals. This explains why this parashah appears in Parshas Shelach after the sin of the meraglim. (Sforno, 15:3).

11 Perhaps the difference lies in how they were saved from the bad advice of the other meraglim. Yehoshua was saved by Moshe davening for him. Calev was saved by davening for himself at Chevron. Yehoshua being saved was not necessarily through his own doing while since Calev was the only one to actually daven to be saved he therefore merited an extra reward. Appropriately and alluding to this, he was given the area of Chevron as an inheritance.

Please could you ensure that there are ample sheets left in shuls for Shabbos before taking one home — as there have been few left in shuls.

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