Special Features KIDDUSH L'VANA BACKGROUND The MOLAD, lit. birth, is the instant that the Moon is between the Earth and the Sun. At the Molad, the Moon is invisible. The half of the Moon that the Sun illuminates is exactly the half that is not facing us. The Moon remains invisible to us for a minimum of about 17 hours after the actual Molad. On the evening of theMoon's first visibility, it will appear as a sliver of light in the western sky, shortly after sunset, low on the horizon, and for a relatively short period of time before it sets. It is on the evening of first visibility (if it is the night following the 29th day of the month) that the Sanhedrin waited (and will wait)for witnesses to come and testify that they saw the L'VANA B'CHIDUSHA. Based on that testimony, Rosh Chodesh was (will be) proclaimed, on the following morning, at sunrise. Without a Sanhedrin, our calendar is fixed by mathematical calculations and halachic rules that are attributed to the Sanhedrin of Hillel the Second. We do not currently practice KIDDUSH HACHODESH, the Sanctification of the Month; this can only be done by a Sanhedrin. Our months have been sanctified by a Sanhedrin of longago, and will continue this way until the reestablishment of a Sanhedrin, IY"H b'karov. We have two main commemoratives of Kiddush HaChodesh - Birkat HaChodesh, a.k.a. Rosh Chodesh Benching (see last week's Pull-Out section), and Birkat HaL'vana, a.k.a. Kiddush L'vana. The Shulchan Aruch says that one who "see's the Moon in its newness" should say the bracha... This is the requirement/mitzva to say KIDDUSH L'VANA. There is a minority opinion that says that K.L. can be said from the very first moment that one sees the new Moon. Most authorities disagree, and require that the Moon be significantly bright to "affect" the Earth. (This might mean to be able to cast a shadow, or to supply enough light to be able to perform some task byits light.) How long after the Molad is the Moon Mei'ir LaAretz is debated. Some say that the Moon is bright enough to call for the bracha after 3 days - 72 hours - from the Molad; others say only after 7 days, i.e. about half-full. Furthermore, the Shulchan Aruch says that K.L. must be on Motzaei Shabbat, when peopleare nicely dressed and perfumed. Since K.L. is considered to be KABBALAT P'NEI HASHECHINA, welcoming the Divine Presence, we must be "at our best" when saying it. The RAM"A amends that rule and says that one should wait for Motzaei Shabbat only if it will be by the 10th of the Jewish month. If it is later, then a few cloudynights in a row can rob us of the opportunity to say K.L. If one says K.L. during the week - says the RAM"A - he should dress for the occasion. The Vilna Gaon held that one should seize the first chance to say K.L. - not to wait for Motzaei Shabbat, nor even to wait until after Yom Kippur, Shavuot, or Tish'a b'Av (as is "traditional"). One generally does NOT say K.L. on Friday night or the night of Yom Tov. If that night is the last opportunity to say K.L., it can be said then. KIDDUSH L'VANA Numbers in [square brackets] refer to the parts of Kiddush L'vana from the main KL sheet. K.L. is a Rabbinic Mitzva that not only commemorates the Sanctification of Rosh Chodesh by Sanhedrin, but also serves to remind us of the fact that G-d created the world, set the heavenly bodies into motion, and constantly supervises and renews Creation. There are different opinions regarding which introductory passages, if any, are said. The custom of reciting the first six p'sukim of Psalm 148 [1] as an introduction to K.L. is attributed to the ARI z"l.. They refer to the Heavenly bodies, including the Moon, and express the idea of the strict laws of the motion of theHeavenly bodies which they never violate. This idea is echoed in the bracha itself. Some versions of Kiddush L'vana include [2] which express the wonderment of beholding the Moon and the stars, G-d's handiwork. [3] verbalizes our KAVANA and readiness to perform the mitzva. [4] refers to a Kabbalistic idea concerning the effect of the performance of mitzvot. Some do not say it because it is a difficult concept to understand. Others say it. [5] is included in S'faradi versions of K.L. It is said as the concluding line of the preparatory statement of many mitzvot. [6] is the K.L. bracha itself. However it is packaged, the bracha is the essential part of K.L. Before saying the bracha, one should check that the Moon is visible, unobstructed by clouds (preferably not even by a light, see-through haze). The bracha should not be said facing the Moon, but rather one should turn away fromthe Moon, so that it does not even APPEAR as if we are praying to the Moon.This bracha, as well as all brachot and prayer, is directed to G-d Alone. The bracha (and all of Kiddush L'vana) should be said outdoors, under the sky. (Because K.L. is said outdoors and in the dark, it was a common practice for the text to be printed in very large print and mounted on the outside walls of the shul. Extra large print has become known in informal Hebrew as OTIYOT KIDDUSH L'VANA, Kiddush L'vana lettering.) The bracha acknowledges G-d as the Creator of the heavens and the various bodies that occupy it. We marvel at the "faithfulness" of the heavenly bodies in untiringly and enthusiastically carrying out their appointed tasks. We also pray for the restoration of the diminished Moon. This can be seen as a metaphor for the restorationof the Jewish Nation, which is compared to the Moon. It is customary to follow the bracha of K.L. with various sentences and passages. [7] is said three times. Note the initials which spell YAAKOV, who is associated in different sources with both the Sun and the Moon. [8] which is also said three times, is an expression of the joy (that should be) felt in the performance of mitzvot in general, and K.L. in particular, since it is equated to "welcoming the Divine Presence". Our sources indicate that one should "dance for joy" at K.L. (We are reminded not to appear to kneel or bow duringthe dancing of K.L., lest one mistakenly think that we are praying to the Moon.) [9] is the first part of Sh'mot 15:16, from the Song of the Sea. It is said forwards AND backwards, three times each. Since [8] mentioned our enemies, we now ask G-d to instill in them appropriate fear and dread. The recitaion of the verse backwards is Kabbalistic. Some say the entire pasuk (in the forward direction only),rather than just part of a pasuk. This is an issue that pops up in several different contexts. Concerning [10], King David and/or his kingship is compared to the Moon. Specifically, the rising and falling stature of the kingdom of Israel is compared to the waning and waxing of the Moon. Also, David, Yaakov, and the Moon are all called "small" (katan). And, here's an interesting G'matriya: David Melech Yisrael Chai V'Kayam = 4+6+4 (14) + 40+30+20 (90) + 10+300+200+1+30 (541) + 8+10 (18) + 6+100+10+40 (156) = 819. Rosh Chodesh = 200 + 1 +300 (501) + 8+6+4+300 (318) = 819. [10] is also said thrice. [11] The source of many of the practices of K.L. is the "Minor" Tractate SOFRIM. From there we learn to include in K.L. an exchange of greetings of Shalom with each other. Some explain that since we asked G-d to be harsh with our enemies, we want to turn to our fellow Jew and say: I meant it for them; for you I wish onlyShalom. We also show, that at this moment of joy, we are not just interested in ourselves, but want to share the joy of Welcoming the Shechina with our fellows. In the first of the pre-SHMA brachot of Shacharit, we have the description, based on Yeshayahu, of the angels "asking each other permission" to sanctify G-d's Name. On this occasion of Receiving the Divine Presence, we borrow the protocol of the angels, and greet each other as part of K.L. Greetings are exchanged with threedifferent people. If only one person is available, the exchange is made three times with that one person. If you are saying K.L. alone, recite both parts of the greeting three times. [12] is also said three times. [8] and [9] mention our enemies. [11] and [12] refer to our fellow Jews. [13] from Shir haShirim is interpreted as referring to David HaMelech and echoes the idea of DAVID MELECH YISRAEL CHAI V'KAYAM. [14] refers to the Sun and the Moon, and asks G-d for His protection from evil. [15] is the final chapter of King David's T'hilim. It contains the word Hallel (in various forms) 13 times - corresponding to the 13 months of the year (including the extra Adar). To be more accurate, there are 12 HALLEL and one T'Hallel, thereby hinting to the months of the year even more so. [16] Rabbi Yishmael teaches: If we had but this one chance each month to greet the Divine Presence, so to speak, it would be enough... Abayei adds that this is the reason that we stand for K.L. [17] is based on Kabbalistic ideas and hidden meanings of K.L. [18] echoes the latter part of the K.L. bracha. [19] Difficult to say why this is included in Kiddush L'vana. Some sources claim there are Kabalistic reasons - but do not elaborate. One source says that the Avudraham writes in his Siddur (unrelated to K.L.) that he who says Psalm 67 it is as if he greeted the Divine Presence. This is how K.L. is described, and that mightbe the connection. [20] As mentioned earlier, K.L. is misunderstood by some ignorant people, Jews and non-Jews. To make it perfectly clear that we pray only to G-d, and not the Moon - that we are acknowledging G-d in the presence of the Moon which triggers certain ideas in our minds, we say ALEINU at the conclusion of K.L. [21] It is customary to end K.L. with this excert from KEIL ADON (from Shabbat Shacharit) which refers to the Heavenly bodies. With happy shouts of CHODESH TOV, we return home with renewed hope for the Complete Redemption. Women & K.L. a complicated issue... Some say that K.L. is a time-related positive mitzva and women are exempt. But they can say K.L. if they choose to, just like many other mitzvot, e.g. Shofar, Sukka, Lulav, Omer, etc. Others say that there is no automatic exemption because K.L. is Rabbinic, not Biblical, and to exempt or not to exempt would be according to the judgment of our Sages. Others say that K.L. is NOT a time-related mitzva (by the usual definition) since it is the phases of the Moon that require K.L., not time per se. Therefore, women would be required to say K.L. Many sources say that women should NOT say K.L. Various reasons are offered: Chava caused the diminishing of the Moon in the first place; it is immodest to say K.L. since it is usually said in a crowd of men and always said outdoors. Some say that the natural body cycle of women gives them a "built in" awareness of whatK.L. strives to develop in a man. Some say a woman must say K.L. Some say they may. Some say they cannot say it on their own but may answer AMEN to a man's K.L. Others say she MUST do that. Some say that women have nothing to do with K.L. That is pretty much as varied as opinions on a halachic topic can get. Women should consult their own RAV to determinethe if, what, and why of K.L. A lot of details to pay attention to, but a very precious Mitzva to perform. To say it again - we are talking about the Mitzva that our Sages considered "welcoming the Divine Presence". It is also based on the very first mitzva that we were commanded to observe - while we were still in Egypt, before we received the Torah(or even Shabbat), before we became a Nation. It is an easily overlooked Mitzva and often requires special effort and diligence to observe. It's worth the effort. Give it your best. Meaning in Mitzvot by Rabbi Asher Meir Many of us find the halakha very meaningful as an encompassing way of life, but still find it hard to perceive meaning in the details of our everyday practices. In order to help remedy this, each week we will discuss one familiar halakhic practice and try to demonstrate its beauty and meaning. The columns are based on thework “Meaning in Mitzvot”, which is serialized on the OU-sponsored website "Virtual Beit Midrash", www.vbm-torah.org. THE RAINBOW Among the many blessings said on natural phenomenon is a special blessing on the rainbow. This blessing, which acknowledges that HaShem “remembers the covenant”, recognizes the rainbow not only as a wonder of nature but also as a sign of G-d’s covenant with Noah - a covenant which is really at the root of human existence! So it is surprising that the halakha warns us not to gaze excessively at the rainbow. (Chagigah 16, SA OC 229:1, KSA 60:4.) Here is one way of understanding this paradox: When we “see” a rainbow, what we are really seeing is the sun as its light is refracted through a very fine and subtle cloud. Now a cloud’s normal effect is to BLOCK the sun’s rays so that we can not see the sun at all. But if the cloud is fine enough, the opposite takes place:Far from blocking the sun’s rays, this fine mist REVEALS to us their true nature. Normally, we see sunlight as a simple white color, but the rainbow reveals to us that in fact the sun’s rays comprise a profusion of scintillating colors - in fact, a rainbow! We can view this as a metaphor for our material existence. Unfortunately, the usual effect of involvement in material affairs is to block G-d’s spirit. Of course even the densest clouds seldom block out all sunlight - a stormy day is not dark as night. Likewise, even a person who is quite sunken in worldly affairs stillapprehends a spiritual aspect to things. Such a person is not completely benighted, and some G-dliness still illuminates his world. However, he is unable to identify the source of this illumination. Conversely, when we completely free ourselves of our attachment to matter, when we return to the World of Truth, then nothing dims our perception of the source of spiritual enlightenment. There is a cloudless sky and we see the blinding light of Divine Judgment. However, there is an intermediate level. The righteous person maintains a refined involvement with this world. Such a person resembles the mist through which the rainbow shines. The tzaddik demonstrates that only through measured involvement in this world can we perceive the dazzling spectrum of colors in HaShem’s rainbow. This is the covenant that HaShem made with Noach and with mankind. The Torah introduces Noach as a tzaddik who walked with G-d (Bereshit 6:9). Through such a person, the material world becomes a lens for revealing G-d’s splendor - not a fog for occluding His enlightenment. Therefore, a world founded by Noach would neverneed to be destroyed. What about the prohibition of gazing at the rainbow? We have pointed out that looking at the rainbow is really a way of seeing the sun. However, if we focus our gaze on the rainbow itself, then we have lost sight of the sun and are looking at the cloud! Instead of looking through the mist, we're looking at it! The message is that while we are able to perceive wonderful Divine currents in the life of this world if we live a life of moderation and righteousness, we must never make the mistake of thinking that such splendor actually originates in the material world itself. This is like mistaking the rainbow for an effulgence originatingin the cloud itself! (We could identify this with the heresy of pantheism.) We are allowed and even commanded to see the world, and we even bless on it - as long as we are able to see through its deceptions. (Based on Zohar Noach I:71b.) Rabbi Asher Meir is in the process of writing a monumental companion to Kitzur Shulchan Aruch which beautifully presents the meanings in our mitzvot and halacha. Hopefully, Rabbi Meir - who have givien a series on Business Halacha - will be giving a weekly shiur at the Israel Center in the near future. Watch for announcements.
THE JERUSALEM INSTITUTE OF JEWISH LAW R. Emanuel Quint, Dean Lesson #10 - Powers of the Beth Din (of non-ordained judges - part 2) In the last lesson we commenced the discussion of the jurisdiction of the beth din in commercial matters and in matters dealing with the kethubah. There are a few more things regarding the kethubah that we should know before we move on to other matters over which the beth din has jurisdiction. We had discussed the 10 obligationsof the husband to the wife. The wife also has certain obligations to the husband; all of Rabbinic origin. The husband is entitled to: (1) anything the wife finds; (2) her earnings; (3) the income of her property during her lifetime; and (4) if she dies while he is alive (and still married to her) he is the sole heir toher estate. Assume a wife who eats very little and her food allowance would be $25 a week. She is a highly paid lawyer earning $250,000 a year. She has the right to say that she waives her right to be supplied with food by the husband and she wants to keep her earnings. On the other hand, the husband does not have the right to sayto her that she may keep her earnings and he will not feed her. Under ordinary circumstances, a husband is forbidden to live with his bride after marriage unless a kethubah has been written and delivered to her. The same holds true if the kethubah is lost; a new kethubah must be immediately written to replace the lost kethubah. Proper safeguards must be made to protect the husband sothat the wife does not end up with 2 kethuboth that she can sue on if he dies. Since the kethubah contains monetary obligations, it can be sold by the wife or by the husband. The purchaser would be purchasing a possible future interest. The Gemara gives various actuarial tests in determining how much a person should spend to purchase such future rights. The sale and purchase of the kethubah rightsare also matters that the beth din has the right to adjudicate. Where there is money involved and very often where there are family members involved, the lawyers make money from litigation. When I sit on a beth din, or when I am the head of the beth din as of the Beth Din for Monetary Matters of The Council Of Young IsraelRabbis in Israel, I advise the litigants that they have the right to appear with attorneys. Some do. The determination of rights under the kethubah is then another case where the beth din has jurisdiction, although the judges are not ordained. The probate courts (or sometimes called Surrogates Court or Wills Courts) of the lands where Jews live are sometimes years behind in reaching trials for the litigants. Who are the litigants doing the fighting in these courts. Almost exclusively family members, siblings, parents, grandparents, occasionally an outsider suchas a charity or a nurse who cared for the decedent prior to his death and alleges a promise to additional compensation. The beth din of three judge has jurisdiction to judge such cases. Even in those countries where the Last Wills are entered into the secular court of the land where the decedent died, there are occasionswhen the parties may turn to a beth din to deal with some of the issues pending before the court. The court will often give effect to a decision of the beth din as to the issues presented to it for adjudication. I may have more to say about this in the future as a result of a course I taught at Nishmat. One of the ladies,an attorney worked on such a case in Michigan. We discussed writing a paper on the topic of a secular court that deals with wills giving effect to a beth din decision dealing with the disputes involved in the estate. In all events beth din has the right to judge such matters and the litigants must submit to its jurisdiction. This topic of jurisdiction has nothing to do with the topic of writing a Last Will that both conforms with halacha as well as the law of the land where the Last Will is presented for probate. Since Rabbi Steinsaltz and I discussed the topic of Last Wills according to Halacha at our last Pesach forum, I have received scoresof requests to have Last Wills examined to see if they conform to halacha. Our Institute does this as a public service without charge. The questions of gifts, inter vivos (made by a person who is deemed healthy by halacha standards) or death bed gifts sometimes become the object of disputes. To whom did Aunt Sarah give her Tiffany vase last year? Not every family has all of these types of disputes, but some families do. Was there a gift made to UJA? Theperson says he was joking when he told someone on the phone that he pledges $1,000. Were his words an effective gift or must there be a kinyan to make it binding? (See Lesson 9 how a kinyan is effected.) Beth din has jurisdiction to determine if a gift has been made and to whom. Reuven is billed by Excellent Department Store for goods that he purchased. He says he was never in the store and did not order the goods that he is being billed for. Excellent Department Store says that Reuven’s chauffeur ordered the gifts on Reuven’s behalf and since he is Reuven’s agent, Reuven is liable. Or Reuven’sinterior decorator orders a new sofa for Reuven’s home. Reuven was overseas at the time and when he comes home and sees the tiger skin covered sofa, he calls the store to remove it at once. The store tells Reuven that the interior decorator represents many home owners and when he orders something, the owner pays the storesince the interior decorator is the agent of the owner. Or a salesman goes from door to door to solicit orders for vacuum cleaners. Reuven orders a super deluxe vacuum cleaner for $500. When the vacuum cleaner arrives, he did not receive the super deluxe model but rather an inferior model. Reuven calls the company and is told the super deluxe model costs $750 and if he addsthe additional $250 they will ship him the super deluxe model. When Reuven says he is reading from the sales contract he signed and it says super deluxe, he is told the salesman was not authorized to make such an offer. This case of whether the salesman binds his boss in this particular situation is a question to be decidedby beth din. The last two paragraphs represent cases of agency that the non-ordained judges may judge. IY"H, the next lesson will continue with the types of law suits over which the beth din has jurisdiction at the present time although we do not have ordained judges. Feedback Update: Rabbi Quint's "Lessons" in Hoshen Mishpat continue to elicit very favorable reactions from readers. Although we are already convinced of the value of this TT feature, we welcome your further comments.
KOSHER KOLUMN Buyer Beware! An alert Kosher consumer contacted us with the following discoveries. We will try to actually have matters corrected, but in the meantime, we can at least bring the problem to the attention of TT readers. The specific information concerns some Shoprite products available at the Hypernetto supermarket on Kanfei Nesharim (on the way to Har Nof). The same problems probably exist in other supermarkets and with other products. Therefore, be alert. For example: Shoprite cheese crackers have an <D. The Hebrew label says that they are Kosher under the supervision of the OU from the States, but does not mention that they are CHALAVI (dairy). And, there is no indication that they are not CHALAV YISRAEL. This omission is not a problem for English speakers, but can be problematicfor those who shop in Hebrew. Similarly, there were other products, both with an OU and with Kaf-K, that did not accurately translate all the Kashrut information onto the Hebrew label. Remember, the importer prepares the Hebrew labels - required by Israeli law - but does not necessarily have them checked out by anyone else, so some "sloppiness" results. We'll try to "tighten" things up, but you - be on your guard. [The No'ach Homepage]
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