Special Features
for Parshat Matot - Mas'ei

Mitzva Watch

Picture this: A town in Israel, a person is clearing rocks from his yard by carelessly tossing them over his fence into the street. One rock kills a passerby. Witnesses testify; the judges decree that this is a clear case of ROTZEI'ACH B'SHOGEG - inadvertent killing. The Torah specifies exile to a City of Refuge as the punishment.

But wait! The perpetrator is a valued member of the community. One of its supporters, perhaps, or a prominent doctor at the local  hospital. Exiling him will be a hardship for the community. The judges of the Beit Din (23 judges sit for this kind of case) meet to debate their "dilemma". How about "hous  arrest" and "community service" as a way of punishing him and not losing him to the community? Logical idea. But N  WAY. We are not allowed to come up with our own ideas when the Torah is very specific about what must be done in this kind of case. We must follow the Torah. To do otherwise is to "play G-d".

We cannot presume to understand why G-d commanded IR MIKLAT as He did. Some of it lends itself to common sense. Some does not. Why can one person be released after a day in exile, if the Kohen Gadol dies then, and someone else can stay in exile for years and years, even until his death and beyond. I someone in IR MIKLAT dies before the K.G., then he must be buried in the IR MIKLAT. His family may exhume the body and transfer it to a family plot only after the death of a K.G.

There are elements of this  mitzva that defy logic. This seems to be intentional, as the Torah calls the topic of IR MIKLAT a CHUKAT MISHPAT. That is almost a contradictory term that declares this mitzva simultaneously a MISHPAT, a common sense mitzva, and a CHOK, a mitzva that defies logic, whose reasons are elusive to us.

CHAZAK CHAZAK...

It is a special honor to be called to the Torah for the Aliya that completes the reading of one of the Five Books. The Torah reader finishes the reading with a flair which prompts the congregation to chant together: CHAZAK, CHAZAK, V'NIT'CHAZEIK.

The reader then repeats those words. Some authorities write that the person who gets the Aliya should NOT say those words, since, for him, they might constitute an interruption between the Torah reading and his bracha. Furthermore, the grammar indicates that we are saying CHAZAK... for the person who got the last Aliya.

CALSTATS

Matot and Mas'ei are read together 89.5% of the time. They are separated only in 13- month years that begin on Thursday. In Israel, they are separated an additional 10% of the time - also in 13-month years when the first day of Pesach is Shabbat. In that case, we resume Parshat HaShavua when the rest of the world is celebrating the 8th day of Pesach (on which we also don't eat chametz).

Noteworthy is the size of M&M - 244 p'sukim, making it/them the largest "sedra" by far. There are years that M&M are combined and little Nitzavim-Vayelech (70 p'ukim combined) are split into the tiniest sedras of 40 and 30 p'sukim respectively. The significant results of this  imbalanced arrangement is that D'varim is read before Tish'a b'Av and that Nitzavim, rather than Ki Tavo precedes Rosh HaShana.

ROSH CHODESH

Do we say Hallel on Rosh Chodesh Av? Yes, we do. But the question is not a silly one. The festive flavor usually associated with Rosh Chodesh is hardly in evidence.

The mishna says: "As Av enters, we diminish joy". Rosh Chodesh Av is the beginning of the stricter mourning period for the destruction of the Beit HaMikdash - First and
Second. The restrictions of the Nine Days generally apply to Rosh Chodesh Av. (This is the Ashkenazi practice. S'faradim begin the restrictions on the second of the month.) It is one of two months on whose Rosh Chodesh fasting is not forbidden.

Rosh Chodesh Av is the Yahrzeit of Aharon HaKohen. It is the only Yahrzeit mentioned in the Torah. It is recorded, not in Parshat Chukat where we read of Aharon's passing, but here in Mas'ei - which we read on the Shabbat closest to Rosh Chodesh Av.

OTOH, Rosh Chodesh is Rosh Chodesh. It is a joyous and hopeful commemoration of the Beit HaMikdash, not only its destruction. Notwithstanding the mournful nature of the first third of Av, we must keep in mind that after the 10th of the month, the consolation and promise for a brighter future takes over.

Rosh Chodesh Av conjures up a mixture of conflicting moods. That's okay. Is it contradictory to say Hallel on the day that ushers in a sad period? No. Being Jewish often means being able to see the bright side of sad times, and not forget the sad note at happy times.

May we soon merit the coming of Moshiach and the rebuilding of the Beit HaMikdash - and everything that goes with it - and may our joy then become untarnished and complete.

Let us each put into action the qualities of Aharon HaKohen - love peace and pursue it, love people and bring them closer to Torah - so that the times we yearn for will become a reality, speedily in our time, Amen.

THE NINE DAYS

With Rosh Chodesh Av, the more intense period of mourning for the destruction of the Beit HaMikdash, known as The Nine Days, begins.

"As Av enters, we diminish our joy". This statement of the mishna is manifest in many laws & customs observed during the first nine days of the month of Av (Actually it is for nine and a half to ten days - this year it is 10 days).

There is a dispute among authorities as to whether this means that one ceases all joy during this period, or whether one is only required to diminish joy.

One way or the other, some of the manifestations of this concept are the reduction of business, the prohibition of pleasurable building, and other similar things.

One should not play musical instruments during the Nine Days. Some say that applies to singing as well. There are appropriate songs to sing during the Nine Days.

Halachically, tiyulim are forbidden only on Erev Tish'a b'Av and Tish'a b'Av itself. However, one should refrain from pleasurable tiyulim from Rosh Chodesh. Trips abroad should specifically be avoided. Trips to Israel, on the other hand, are allowed because of the mitzva aspect involved.

Concerning the conduct of business, it is generally agreed that in today's economy, the factors of financial loss - rent, salaries, utilities, etc. - would permit business as usual during the Nine Days. Depending upon the type of business and the possible effects of "closing shop" for more than a week, the applications of the halacha may vary. A Rav should be consulted.

Giving of gifts should be avoided, if possible, during the Nine Days. If unavoidable, the gift should preferably not be used until after Tish'a b'Av.

One should not buy new clothes during the Nine Days, even if She'he'che'yanu is not involved, and even if one will not wear the clothes until after Tish'a b'Av. Simple sneakers for Tish'a b'Av is an exception to this rule. Simple sneakers.

Purchases necessary for one's livelihood are permitted; if a She'he'che'yanu is involved, it should be postponed until after Tish'a b'Av.

"Purchases of Mitzva" are allowed, but should be made in consultation with a Posek.

Another interesting exception to the ban on purchases is the case of bargains and availability. One may buy things - even "items of joy" - during the Nine Days, if they will be difficult to find after Tish'a b'Av, or even it they will be more
expensive then. The mourning during the Nine Days is not intended to cost us money; it is meant to diminish our joy.

Opinions differ concerning the extent to which some of the following rules apply. Furthermore, for Ashkenazim, some of the restrictions have already begun on 17 Tammuz. Exceptions to any of the following rules should be made only in consultation with one's Rav.

Hair cutting and shaving are prohibited. Even those who shave during the Three Weeks should avoid shaving during the Nine Days.

One may cut fingernails during the Nine Days.

Weddings and other festive gatherings are prohibited.

One should not play or listen to music.

Pleasurable bathing is prohibited. Many apply this prohibition to regular bathing as well. One who showers during the Nine Days for hygienic purposes, should use cooler water than usual, bathe less frequently, take less time, and avoid washing the whole body at one time. Most authorities permit bathing as usual on the Fridays of the Nine Days.

Meat and wine are prohibited during the Nine Days, except on Shabbat. Meat and wine are associated both with joy AND with Temple service. Both reasons combine to explain this prohibition.

Even though havdala is officially after Shabbat, one is permitted to drink wine. It is preferable to give the wine to a child who is old enough to understand brachot but not yet old enough to understand the concept of "mourning for Jerusalem". Alternately, some authorities recommend the use of a substitute beverage for havdala such as fruit juice, beer, etc. Other authorities insist on wine as usual.

It is the practice not to wear freshly laundered clothing during the Nine Days. Undergarments, for health reasons, are generally not included in this ruling. One can "prepare" several changes of clothing before Rosh Chodesh by wearing them briefly. One may dress for Shabbat without the above restriction.

Speaking of She'he'che'yanu...

There is an interesting dispute concerning this joyful bracha during the Three Weeks. The Shulchan Aruch and the ARI z"l prohibit the saying of the bracha. What follows is a ban on new fruit and other purchases which require the bracha.

The Vilna Gaon allows the bracha throughout the Three Weeks (including the Nine Days), even during the week.

The Mishna B'rura allows the bracha on Shabbat, but not during the week.

The Aruch HaShulchan allows it during the week as well, but only until Rosh Chodesh Av. In other words, only on Shabbat during the Nine Days.

If withholding a new fruit because of the bracha issue will cause a reduction of Oneg Shabbat, then even the Shulchan Aruch would permit She'he'che'yanu during the
Three Weeks.

The purchase of S'farim should be avoided during the Nine Days, if joy in their purchase produces joy.

This has not been an exhaustive list of the rules for the Nine Days nor have all variant opinions been expressed. It is best to consult one's LOR for more complete information.

Most importantly, we must ponder the causes of the destruction of Jerusalem and the Beit HaMikdash and work towards "repairing the damage" caused by past (and
present) generations so that we may be privileged to rejoice in the Geula, speedily in our time.

The laws and customs of mourning the Churban are not meant to overburden us nor are they picayune. They are meant to keep our thoughts and feelings focused on the Churban and its causes, and the resolutions towards improvement that should follow those thoughts and emotions. Use them well.

Note: A review for Shabbat Chazon and Tish'a b'Av will be included in next week's TT, IY"H.

Noam Productions albums, and many, many other CDs and cassettes spanning the range of Jewish music are available at Noam Productions Music Stores: 6 Malchei Yisrael, Geula, Jerusalem and 59 Rabbi Akiva Street, Bnei Brak and, soon to open, Noam Productions Music and Jewish/General Computer Software Store at the Rav
Shefa Mall in Jerusalem (near T'nuva, where the old zoo was)

NOAM Productions sponsors the Album of the Week in the printed version of Torah Tidbits and on Arutz-7's Torah Tidbits Audio. AW will resume IY"H after Tish'a b'Av.

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