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HALACHIC TIMES FOR
JERUSALEM Correct for TT433.
Ranges are THU to THU, 23-30 Menachem Av (August 24-31) Sunrise & sunset:
First times take into account elevation. Times in parentheses do not. Latest times for
Sh'ma and Shacharit: First times are GR"A. Times in parentheses are
MAGEN AVRAHAM. Candle lighting
6:36pm (earliest: 5:54pm) WORD OF THE MONTH A weekly feature of
Torah Tidbits to help clarify practical and conceptual aspects of the
Jewish Calendar, thereby better fulfilling the mitzva of HaChodesh HaZeh
Lachem... We bench Rosh Chodesh
Elul this Shabbat. Rosh Chodesh will be on Thursday and Friday, August
31st and September 1st. The Molad of Elul
will be Tuesday night, 33 minutes and 3 parts (10 seconds) after midnight,
a.k.a. Wednesday, August 30th, 1:12am Israel Summer Time. Rambam would say
R'vi'i, 6 hrs, 597 chalakim. (He started counting hours of the day from
6pm and he didn't use minutes. An hour is made up of 1080 chalakim (18 per
minute x 60 minutes). The actual
(astronomical) Molad is almost 12 hours earlier than the announced Molad
— Tuesday, August 29th, 1:19pm (IST). The first visibility
of the lunar crescent will be Wednesday evening. That means if we had a
Sanhedrin today, Thursday would be the first of Elul, its one day of Rosh
Chodesh. Av has 30 days,
therefore Elul has 2 days Rosh Chodesh. Elul has 29 days. SEE what G-d's Bracha
is... The Book of D'varim
takes place during a period of 37 days. It begins on Rosh Chodesh Shvat,
after the Wandering, after the successful battles against Emori and Bashan,
when Bnei Yisrael have arrived at their final place of encampment before
crossing the Jordan River into Eretz Yisrael. It is on the Moav Plains
that Moshe Rabeinu speaks to all the people about what has happened during
the past 40 years, spoke to us of all the mitzvot that G-d has commanded
us to follow, and has begun to explain the meaning and purpose of our
Torah way of life. The period ends with Moshe's passing from this world on
the 7th of Adar. For the first three
sedras of D'varim, Moshe has been telling the people about the background,
foundations, and basics of Judaism. This includes the highlights of the
first forty years, both the good parts and the bad. The Aseret HaDibrot
and thwe Shma (parts 1 & 2) set the foundation just right. And then we come to
this week's sedra, and the two that follow it. R'ei, Sho'f'tim, and Ki
Teitzei present us with 170 mitzvot of the 613 in the Torah. That's 27.7%
of the mitzvot in 5.7% of the Torah. Very heavy in mitzvot (including one
pasuk in R'ei with EIGHT mitzvot!). Picture Moshe Rabeinu
saying to us after the introduction, "Okay, folks, TACHLIS. Roll up
your sleeves, sharpen your pencils, and get ready to take notes."
R'EI - SEE that G-d is offering you a choice between bracha and the
opposite. This is not a nebulous idea, it is very down-to-earth, very
specific. MITZVOT. Do them, and we receive G-d's blessings. If not... SEE it, says the
Torah. It is as plain as day. One page earlier, the Torah gave us the
same, simple formula. If we listen to G-d and His mitzvot... blessed
rainfall and plentiful yield of produce. If not... a closed heavens and
that which results from it. We recite this formula twice a day in the Shma.
We affix it to our doorposts and bind it close to heart and mind. Why do we seem to
have so much trouble SEEING this? SEDRA STATS 47th of the 54 sedras;
4th of 11 in D'varim MITZVOT R'ei contains 55 of
the 613 mitzvot 17 positive, 38 prohibitions (There are even more than the
official 55) Aliya-by-Aliya Sedra
Summary [Numbers in square
brackets] are the mitzva-count of the Sefer HaChinuch KOHEN - First Aliya -
17 p'sukim (11:26-12:10) After setting down
the fundamentals of Judaism (including the formative history of the
Nation, Aseret HaDibrot, Shma, and more) in the first three sedras of
D'varim, Moshe Rabeinu proceeds with the "Tachlis" part of the
Book - its mitzvot. The sedras of R'ei, Shoftim, and Ki Teitzei contain
170 mitzvot, the greatest concentration for 3 consecutive sedras, 3 of the
top 6 mitzva-sedras of the Torah. Blessing = keeping
the mitzvot; curse = not keeping them. These are the simple equations that
Moshe presents here and that Yehoshua will again present when the People
stand on Har Grizim and Har Eival. Note the phraseology
in the opening p'sukim: the Blessing - THAT you will keep the mitzvot. The
Curse - IF you won't... There is an implied "recommendation" to
choose Blessing (similarly, "And you shall choose Life"). The
Bracha, of course when you choose it... The curse, IF you are misguided
enough to go that way... Another comment on
the imbalance of the two sides: The blessing comes from "listening to
the mitzvot", even before doing them. The opposite comes from
"not listening AND veering from the proper path". This is in
keeping with the notion that G-d considers our good thoughts as deeds, but
not so with bad thoughts. Only when we actually do bad are we then subject
to punishment. (Idolatry is an exception - we accountable for idolatrous
thoughts. The Nation was born
in Egypt, had its infancy in the wilderness, and will grow and flourish in
the Promised Land. "These are the mitzvot to be preserved in the
Land..." (note that not all the following mitzvot are strictly
Israel-related, yet it is possible to suggest that ALL mitzvot were meant
to be observed in E. Yisrael). Sites, altars, idols,
etc. of the nations in Eretz Yisrael are to be destroyed [436]. However,
we must be careful not to do the same to G-d [437] - this mitzva includes
the prohibition of erasing G-d's Holy Names. Follow this, please.
The Torah commands us to destroy objects of idol-worship, and not to do
the same to G-d. One would assume that this refers to destroying sacred
Jewish objects, shuls, Torahs, etc. So where do we see that this
prohibition involves not erasing G-d's names? We do not see it. We are
taught it as part of the Oral Law. Not rabbinic legislation inspired by
the Torah. Actual Torah law, equal to the Torah having written it out.
This is the nature of the Written & Oral Torah. While their places
are to be eliminated, THE Place (site of the Mikdash) is to be the focal
point of Jewish spiritual life and energy. All sacrifices and offerings
are to be made there and only there, at the first festival encountered
[438]. It is on those occasions (Pilgrimage Festivals) that sacred foods
(such as Ma'aser Sheni, Neta Reva'i) are eaten in Jerusalem. Things won't
be as "do your own thing" as they are in the wilderness. Soon we
will be entering the Land for a more "permanent", down to earth
form of living. MITZVA WATCH There is a fairly
common situation among the Taryag mitzvot of a positive and a prohibition
basically commanding the same thing. We have a mitzva to fast on Yom Kipur
and a prohibition of eating or drinking. Same thing. We may not do Melacha
on Shabbat and we must abstain from Melacha on Shabbat. Same thing. In
this week's sedra, we are commanded to "cancel" uncollected
loans at the4 end of the Sh'mita year. We are forbidden from collecting
loans after the Sh'mita year has past. We are required to give a freed
Jewish servant gifts when he finishes his service for us. It is forbidden
to set him free empty-handed. Again. Same thing. There are many examples
of these "two-sides of the same coin" mitzvot. And there are
reasons for the positive mitzva and the prohibition. Not for now. What is for now is
another mitzva observation. Less common than the perfectly matched and
overlapping positive mitzva and prohibition, is the pair of mitzvot that
overlap, but not completely. Back to the first type for a moment. If a
person eats on Yom Kipur (without halachic sanction), he is simultaneously
in violation of the prohibition against eating on YK, and in non-fulfilment
of the mitzva to fast. If you eat, you are not fasting. If you fast, you
are not eating. But take a look at
[438], the mitzva to fulfil a pledge of a korban or other donation to the
Beit HaMikdash. There is a partner prohibition (in Ki Teitzei) which
forbids delaying the fulfilment of a pledge to the Mikdash. These mitzvot
do not perfectly align. To fulfil the positive mitzva, one must "pay
up" by the next Pilgimage Festival (Regel). However, one is not in
violation of the prohibition unless three Regalim have past since the
pledge was made. If we had a Beit HaMikdash today, and a person designated
one of his animals as a Korban today, then he must bring it as a korban by
Sukkot in order to fulfil [438]. If he brings it only at Chanuka time, he
has not fulfilled [438], but he has not violated [574], Bal T'acheir. Only
if the animal is still around after next Shavuot would there be a
violation of [574]. There are other mitzva-pairs like this, but not as
many as the first-mentioned type. LEVI - Second Aliya -
18 p'sukim (12:11-28) There, a special
place will be designated for the bringing of all offerings. There,
spiritual rejoicing will take place and there, we shall help the Levite
and the less fortunate to also have cause to rejoice. It will be forbidden
to bring sacrifices anywhere else [439]. Korbanot are to be brought only
at the Mikdash [440]. Only those consecrated animals that become unfit for
the Altar due to blemishes must be redeemed [441] (without an invalidating
blemish, the animal may NOT be redeemed) and then may be eaten as
"regular" meat. The animals' blood, of course, may not be
consumed. We next come to a
truly remarkable pasuk (12:17). It is forbidden to eat Ma'aser Sheni
outside of Yerushalayim, neither of grain [442], nor wine [443], nor olive
oil [444]; nor to eat sacred first-born animals outside of Yerushalayim
[445], nor the more sacred sacrificial meat outside of the Temple
courtyard [446], nor eat the meat of an Olah (completely-burnt offering)
at all [447], nor other korbanot before their blood is properly sprinkled
on the Altar [448], nor eat First-Fruits before they are placed in front
of the Altar [449]. This one pasuk
contains 8 mitzvot! The closest any other pasuk comes is 5 mitzvot (also
from this sedra). Here too is an example of how we would be lost in trying
to understand all that this pasuk is commanding us, without the Oral Law.
Again, it is not rabbinic interpretation or legislation we are dealing
with, it is Torah as much from HaShem as Anochi HaShem Elokecha. SDT - Note the
introductory phrase in this (Nolan Ryan) pasuk: "you will not be able
to eat..." It does not say "Thou shalt not eat". Torat
Chayim observes that this is an ideal of a Torah life - we should actually
be incapable of doing that which G-d forbids. All of the
above-mentioned foods are to be eaten where they are supposed to be eaten.
Be careful not to forget the Levi, the gifts due him, and other forms of
help [450]. "When G-d will
expand your borders as promised..." Notice that the Torah
speaks of prosperity immediately folowing the portion about generous
charity-giving and concern for others. This is G-d's "illogical"
promise: the more you give, the more you will have. If and when we desire
to eat meat (other than the sacred meat of korbanot), we may do so
anywhere we choose, but we must properly slaughter the animals we eat
first [451]. In the pasuk
commanding Sh'chita, G-d says "(slaughter the animal) as I have
commanded you." Yet we do not find the details of Sh'chita in the
Written Word. This pasuk is one of the sources for the concept that the
Torah consists of a written portion and an Oral Law - both considered the
Word of G-d. Non-sacred meat does
not have the same restrictions as sacred meat (i.e. ritual impurity -
yours or the animal's - is not an impediment). Many other halachot, of
course, do apply. An animal must be
killed before its meat is taken. This is the universal prohibition (it is
both one of the 613 and one of the 7 Noahide Laws) of "Limb from a
living animal" [452]. Blood must be removed from meat before we may
eat it. Korbanot shall be brought from all over (even from outside of
Israel) to the "Place of G-d's choosing" - the Mikdash [453].
These korbanot shall be offered on the Altar, the blood sprinkled thereon,
the meat (when permitted) to be eaten there. Be careful to do all that G-d
asks, so that things will be good for us and our children. SHLISHI - 3rd Aliya -
22 p'sukim (12:29-13:19) A warning is
reissued: do not get interested in the idolatrous practices of the nations
whom we will replace in the Land, lest we too anger G-d and be punished by
Him. We shall do all that
we are commanded, neither adding to [454], nor diminishing from [455]
Torah and mitzvot. If (when) there
arises among us a prophet or dreamer - even one who performs miracles or
signs to back up his words - who prophesies in the name of idolatry, it is
forbidden to heed him [456]. This is a test by G-d of our faith in Him. We
must be true to G-d, follow Him, revere Him, keep His mitzvot, serve Him,
and cling to Him. The above-mentioned false prophet shall be put to death
for his attempts to turn us away from G-d. We thus uproot evil from our
midst. If any fellow Jew
(even if he be a close relative or beloved friend) attempts to entice us
to idolatry of any type (familiar or exotically foreign), we must show no
love towards such a person [457], nor overcome our hatred of him [458],
nor rescue him from danger [459], nor speak on his behalf in court [460]
nor refrain from speaking against him [461]. MITZVA WATCH The Torah must be
very clear and strong in these commands, because it has become
second-nature to us to love our fellow, not hate him, and try to save him.
Not in this case. This is the 5-mitzva
pasuk referred to earlier. These mitzvot stand in startling contrast to
the mitzvot from K'doshim which command love of fellow Jew, not to hate
him, to save him from danger, etc. These mitzvot (from this week's sedra)
underline the seriousness with which the Torah treats the enticer. He is a
cancer in our midst that must be removed. The enticement to idolatry is
considered more serious than even idolatry itself. Or, at least, it is
considered a graver threat to Jewish life. That this is so is
demonstrated by the Talmud's advice that one may/should entrap the
enticer. If he speaks to one person only, then there will be insufficient
testimony against him. We are taught to ask him to repeat his suggestions
in front of others. If he refuses, then we plant unseen listeners who will
become witnesses against him. With these witnesses in place, we then must
respond to the enticer with a challenge that it is not proper to forsake
G-d for another religion or belief. If the enticer backs down, then we
leave him alone. If he continues in his attempt to entice, then the
witnesses reveal themselves and "press charges" against him in
Beit Din. But rather, the
enticer shall be put to death by stoning (after trial and conviction), the
accusing witnesses initiating the execution. And (it almost goes without
saying that) it is forbidden to entice a fellow Jew to leave G-d and
worship idols [462]. If we find out that
an entire city is being enticed to idolatry, we must very carefully
investigate the matter. This command is generalized to require thorough
examination and questioning of witnesses in all types of cases [463]. If
the charges are substantiated, the population of the "city gone
astray" is to be killed by sword, the possessions of the people are
to be burned and the city itself destroyed [464]. The city may not be
rebuilt ever [465] (unless security considerations determine other wise).
No one may benefit from anything from the city [466] so as not to provoke
G-d's anger. Proper fulfillment of these and other mitzvot will find favor
in G-d's eyes. R'VI'I - Fourth Aliya
- 21 p'sukim (14:1-21) As "G-d's
children", it is forbidden to gash oneself (for idolatrous purposes
or to mourn the dead) [467] nor tear out hair in grief [468]. (Mitzva #467
also prohibits factionalization when it is destructive to Jewish unity).
It is our destiny to be the chosen among the nations of the earth. It is
forbidden to eat of korbanot that have become "disqualified"
{469]. The Torah next lists
10 types of mammals that are kosher (3 domestic and 7 wild), and then
gives the signs to determine a kosher animal (split hoof and cud-chewing).
This is followed by four examples of animals we may not eat. (FYI, in
Sh'mini, only non-kosher animals are named.) Rabbi Aryeh Kaplan
z"l identifies the 7 wild kosher animals (CHAYOT T'HOROT) as gazelle,
deer, antelope, ibex, chamois, bison, giraffe. There are different
opinions about the Hebrew terms for the different animals. Fishes with scales
and fins are permitted to be eaten; that which has no scales or fins is
forbidden to us. Scales (that overlap and that are easily scraped off)
determine the kashrut of a fish. We may eat kosher
birds. We are therefore obligated to examine and determine the kosher
status of a bird we would like to eat [470]. (The corresponding mitzvot
for the other types of animals have been counted from Parshat Shmini.) In the spirit of the
positive commandment to check for kashrut of an animal, this rule does not
only include checking a fish for scales, but looking for the kashrut
symbol on packaged products or the kashrut certificate in a restaurant. The Torah lists 21
types of birds that are forbidden. The characteristics
of kosher and non- kosher birds are NOT mentioned in the Torah (in
contrast to animals and fish). The Gemara gives us guidelines that help us
distinguish between kosher and non-kosher birds. Practically speaking,
neither the list nor the guidelines are what determine which birds we eat.
Tradition does. Basically, we do not trust ourselves to be able to
properly identify the birds named in the Torah (modern Hebrew sometimes
does not match Biblical or Mishnaic Hebrew). If we have a tradition in our
communities that a particular type of bird is kosher, then we will eat it.
Otherwise we take the cautious position of SAFEK (doubt) and choose to be
strict with ourselves. It is also forbidden
to eat non-kosher locust and other winged insects [471]. Notwithstanding
permission to eat the meat of animals, it is forbidden to eat of an animal
that died other than by sh'chita. This prohibition is called "N'veila"
[472]. Benefit may be derived from "n'veila" but not from
milk-meat mixtures. Although this third
occurrence of Meat in Milk teaches the prohibition of benefit, it is not
counted as a separate mitzva, but is included in the prohibition of eating
M-in-M from Ki Tisa. CHAMISHI - 5th Aliya
- 8 p'sukim (14:22-29) (Approx. 2% of the
yield of a crop is given to a Kohen as T'ruma. One tenth of the remainder
is separated as Ma'aser to be given to a Levi.) One tenth of what is left
is separated as Ma'aser Sheni [473], which remains the possession of the
owner but is considered sacred and must be brought to Yerushalayim and
eaten there in a state of ritual purity. If the amount of Ma'aser Sheni is
great, a person is permitted to redeem the produce for fair market value
plus a fifth. If one redeems the Maaser Sheni of his neighbor, fair-market
value is sufficient. The proceeds of the redemption are to be spent on
food and drink in Yerushalayim. Once again the Torah reminds us to care
for the Levi, who has no property of his own. (This rule of Ma'aser Sheni
applies in years 1, 2, 4, 5 of the Shmita cycle.) In the 3rd (& 6th)
year of the Shmita cycle, the second tithe is to be given to poor people.
This generous act of tzedaka will be rewarded by blessings from G-d. SHISHI - Sixth Aliya
- 18 p'sukim (15:1-18) If Shmita year
passes, repayment of personal loans may not be demanded [475]. This rule
applies when both lender and borrower are Jewish. Loans due from a non-Jew
must be collected [476], but it is a mitzva to cancel the personal debt of
a fellow Jew following the Shmita year [477]. If the Jewish People follow
the Torah and mitzvot properly, we will be blessed by not having poverty
among us. We will also dominate among the nations of the world. However, when we are
confronted with poverty, we must not hold back generous poverty, we must
not hold back generous support of those in need [478]. Rather it is a
great mitzva to give tzedaka and support those less fortunate than
ourselves in a giving and dignified manner. Be especially careful not to
withhold loans to the poor because the Shmita year is approaching [480];
if the poor person cries out to G-d, He will hold you accountable for not
helping. Be generous in areas of tzedaka and Chessed, thereby meriting
blessing from G-d. Poverty will be a "fact of life" under normal
circumstances; give tzedaka freely. If a Jew becomes an
indentured servant to a fellow Jew, he shall work no more than six years
and be freed in the seventh. One must not send the freed "eved ivri"
away empty- handed [481] but rather he shall be given a generous allotment
upon discharge. We are to remember that we were "avadim" in
Egypt and that G-d redeemed us and expects us to be sensitive to those
less fortunate than ourselves. If the "eved ivri" does not want
to be released, his ear is ceremonially pierced and he remains in his
master's service until Yovel. Do not be stingy with the servant, for he
has served you hard and long. SH'VI'I - 7th Aliya -
22 p'sukim (15:19-16:17) First-borns of cow,
goat and sheep are sacred; they may neither be worked [483] nor benefited
from [484]. They are given to a Kohen as one of his Torah-granted gifts
(after 30-50 days from birth).They are to be eaten by the kohen and his
family after being brought as a korban - within a year, unless "unfit
for the Altar", in which case they are the Kohen's property, to do
with as he pleases. B'chor of this type applies even in our time, without
a Beit HaMikdash. Except that the Sages forbid us to do this mitzva
because without a Beit HaMikdash for the moment, there would be hardship
imposed on the kohen-recipient of the B'chor and temptations for various
transgressions by the Kohen. Preserve the spring
month and bring the Korban Pesach. (This is a reiteration of the mitzva to
adjust the calendar when necessary, by adding a month - a second Adar - to
push Pesach into the spring.) Chametz is forbidden on Erev Pesach
afternoon [485]. The Chagiga cannot be left over beyond two days [486].
K.P. cannot be brought on a private altar [487]. Rejoice on the Festivals
[488]. Bring korbanot to the Mikdash for the Chagim [489]; do not appear
there empty-handed. B"H YOM YOM from
Day by Day in Jewish History by Rabbi Abraham P. Bloch z"l [23 Menachem Av]
Pogrom in Zhitomir, Russia, 1905, cost many Jewish lives plus the life of
a Russian student who tried to help the Jews. [August 24] Jews of
Palma were massacred, 1391. ««»» Jews of Cologne, Germany set fire to
their homes and perished in the flames, 1349, to escape forced baptism.
««»» Operation Magic Carpet, which brought 45,000 Yemenite Jews to
Israel, was concluded, 1950. [24 Menachem Av] The
Chashmona'im replaced the Hellenic code with a Jewish one. The day was
celebrated as a holiday. ««»» Chmielnicki, Cossack leader with 300,000
Jews lives on this hands, died, 1675. [August 25] Illegal
Jewish immigrants who had been exiled by the British to the Island of
Mauritius were admitted into E. Yisrael, 1945. [25 Menachem Av] Jews
expelled from France are invited back by King Louis IX. ««»» Yahrzeit
of Yeshayahu Menachem b. Yitzchak of Cracow, 1599. He was the originator
of the Heter Iska. ««»» Many Jews of Copenhagen were killed when the
British bombed the city in 1807. ««»» The Amsterdam hideout of Anne
Frank was discovered by the Nazis, 1944. [August 26] Get this
one — the Nazis passed a law, 1938, requiring all Jews to take the names
Israel and Sara. Apparently, this was Goebbels way of mocking the Jews,
since both names contain the word SAR, a person of power. ««»» 7,000
stateless Jews in the Vichy Free Zone of France were rounded up, 1942.
««»» Nazis closed all shuls and schools in the Kovno ghetto, 1942.
««»» The forged Protocols of the Elders of Zion were serialized in a
Russian publication, 1903. This document has been a favorite among anti-semites
since then. [26 Menachem Av] A
group of 70 followers of the Vilna Gaon arrived in Eretz Yisrael, 1809.
««»» The Turkish government renounced its sovereignty over E. Yisrael
and recognized the British Mandate, 1920. ««»» 10,000 Jews were sent
from Borislav ghetto to Belsen, 1942, in the first mass deportation of
Jews to the gas chambers. [August 27] The
Jewish community of Posvol, Lithuania was massacred by the Nazis, 1941. [27 Menachem Av]
Queen Bona Sforza of Poland confirmed upon the Jews the same rights that
the Jews of Lithuania had been granted, 1533. ««»» S.A. Bierfield was
lynched by the KKK in Franklin, Tennessee, 1868, the first such incident
involving a Jew. [August 28] A Jewish
agricultural colony was established in New Jersey, 1891. This was one of
several attempts at Jewish settlement in the Americas. The failure of most
of these projects confirmed the view that Jews needed a historical and
religious link to the soil upon which they would work in order for them to
suceed. ««»» Peter Stuyvesant barred Jews from military service, 1655.
[28 Menachem Av]
Moshe Rabeinu descended Har Sinai for the second (of three) 40-day period.
««»» The Council of Four Countries, the autonomous governing body of
Polish Jewry, met for the last time, 1762. ««»» Yahrzeit of the NETZIV,
HaRav Naftali Tzvi Yehuda Berlin, Rosh Yeshiva of Volozhin, author of
Haamek Davar, 1893. [August 29] Chaim
Weizmann informed the prime minister of England, 1939, that the Jews of E.
Yisrael would stand by Great Britian and fight on the side of the
democracies during World War II. ««»» T'hilim with Kimchi's commentary
was published for the first time in Bologna, Italy, 1477. ««»» The
discovery of the body of a Christian child led to the ritual accusations
and hanging of many prominent Jews of England, 1255. [29 Menachem Av]
Moshe Rabeinu cut a new pair of Luchot in preparation for G-d's writing
the Aseret HaDevarim again. (according to one opinion). ««»» Jews of
Holland were emancipated, 1796. ««»» Yahrzeit of Rabbi Shmuel Salant,
chief rabbi and leader of the Ashkenazi community of J'lem, 1909. [August 30] The
Jewish community of Neutitschlin, Moravia was expelled, 1563. ««»» The
first Knesset building was dedicated in Jerusalem, 1966. [30 Menachem Av]
Moshe Rabeinu ascended Har Sinai for the third time, to receive the Second
Luchot and G-d's forgiveness for the People. ««»» Yahrzeit of Yitzchak
Sadeh, "father" of the Palmach, 1952. [August 31] Secular
date of Rav Kook's passing, 1935. ««»» Massacre of the Jews of Kiev,
1919. ««»» Hitler issued Directive no.1, 1939 ordering the attack on
Poland to begin at dawn the following day. KOSHER KOLUMN Here are some further
details about the OU labeling, that was the topic of the OU's announcement
in last week's TT. In the past, some
companies have been allowed not to have an OU on their packaging, although
they were under OU supervision. It then became known to the public that
so-and-so company or products were under the OU even without an OU on the
label. This situation is
disappearing. It is important to know the different reasons. When a
company gets the OU's certification and was previously non-kosher, some
old packages might be still around. The kosher consumer must be able to
tell the new kosher item from the old non-kosher one. Check the label for
an OU. That's the best way. The same company
might have many products, not all under the OU's hashgacha. To
distinguish, check the label. Simple. And it works. The same product
might be made in the States under the OU and in Europe either without a
hashgacha or a different one. How do we tell the difference? Check the
label. Last, before you
contact the OU about a product that has OU on the Hebrew importer's
sticker but not on the original packaging, make sure that the OU hasn't
simply been covered over by the Hebrew sticker. It happens. THE JERUSALEM
INSTITUTE OF JEWISH LAW Lesson # 51 (part 2)
- Formation of Contracts - Mere words effectuate a contract It was stated in the
last lesson (TT432): “In halachah, as in most legal systems, there must
be an act that binds the parties to the contract. In some societies, the
signing of the contract binds the parties. In halachah, the parties are
usually bound by performing a kinyan. (See TT 428)” Ordinarily, mere
words, without a kinyan, cannot make binding an agreement between the
parties. There are certain exceptions to this. Under certain conditions, a
person may bind himself to perform an act without a kinyan having been
performed. A person may bind himself by mere words, because of the
psychological benefit that he derives from entering into the contract.
There seem to be ten cases in Rabbinic literature in which an agreement
was held to be binding without the necessity for a kinyan. [1] The bailee case.
To simplify things, we can define a bailee as a person who watches
something for someone else. In halachah there are four types of bailees.
(1) The unpaid bailee. For example, you are at an airport and you want to
go to the duty free shop. You ask a friend to watch your carry-on bag. He
is an unpaid bailee. The entire benefit is yours. (2) The paid bailee. You
have a valuable painting and you are taking a trip. You store the painting
with a warehouse that specializes in storing paintings. There is a charge
for such storage. Both you and the storage facility benefit. Your painting
is being watched, and they collect a fee. (3) You rent a car from Superior
Auto Rental. You and the car rental company both benefit; they receive a
rental fee, and you have the use of the car. In halachah, the liabilities
in cases (2) and (3) are usually similar. (4) You borrow your friend’s
computer. The benefit is all yours. The scope and extent
of liability of the person watching the object is not alike in of the four
situations. Lets assume there is an earthquake and the object is lost or
damaged in all four cases. The unpaid bailee (case 1 above) has the least
amount of responsibility. He is doing you a favor and receives nothing in
return. He is liable if he is negligent in watching your carry-on bag. He
is not liable if your carry-on bag is lost or damaged because of the
earthquake. The paid bailee (case 2 above) and the renter (case 3 above)
are also not liable if the stored painting or the rented car is damaged or
destroyed as a result of the earthquake. (The differences in liability
between the unpaid bailee and the paid bailee/and or renter are discussed
in Hoshen haMishpat chapters 291 to 347 and in A Restatement of Rabbinic
Civil Law Volumes 8 and 9.) The borrower who borrowed your computer (case
4 above) is liable although the computer was destroyed by the earthquake.
Since all of the benefit flowed to him from the borrowing he is almost
like an insurer of your computer. There is a Baraitha
cited in Baba Mezia 94a that teaches that a paid bailee, whose liability
for loss of the object is less than that of a borrower, may orally
stipulate that he will accept the liabilities of a borrower. By orally
accepting such additional liability, he will be liable for types of loss
or damage to the object for which he would not be liable if he retained
the liability of a just a paid bailee. For example, the storage company
that is storing your painting will not be liable if there is an earthquake
that destroys the warehouse where your painting is stored. However, if
they accept the same liability as that of a borrower, they are liable if
your painting is destroyed or damaged by the earthquake. The Talmud asks,
how can the paid bailee be held liable by accepting the added liability
with mere words? The Talmud records two answers. The second answer of
Rabbi Yohanan states that even if there was no formal kinyan performed by
the paid bailee to undertake additional liability, the undertaking is
still binding. The bailee benefits in that he receives a reputation for
being trustworthy. This consideration makes him liable for the higher
standard of liability. In Talmudic language this is known as the “hanahah”
(benefit) that he receives. “Hanahah” can be translated to refer to
the psychological benefit. The psychological benefit that the obligor
derives from the agreement is determined by society to make the agreement
binding on the party. [2] Marriage case. In
Kiddushin 9b, Rav Gidal, in the name of Rav, taught that if the parents of
the prospective bride and groom agree to bestow certain gifts on the
newlywed couple, their promises made to each other are binding. As
explained by Rashi, no formal kinyan need be made, since the hanahah that
the parents derive from the marriage is sufficient to bind their promises.
[3] Surety case. A
surety is person who tells the creditor, if the debtor does not pay, “I,
the surety, will pay the debt.” In Baba Bathra 173b, the question of
liability of the surety is discussed. In concluding the discussion, the
Talmud states that the assumption of the obligation by the surety does not
require a kinyan. After the question of how he becomes liable without a
kinyan is discussed, Rav Ashi concludes that his obligation is binding
because of the hanahah he receives in being trusted by the creditor. As
explained by Rashi, the hanahah that the surety derives in that he is
trusted obviates the necessity of a kinyan, and the mere words bind him. About 40km between
rest & property [4] Case
of transferring an obligation (Ma’amad shloshtan) In Gittin 13b, the
Talmud states that if the creditor and the debtor and a third person are
present together, the creditor may direct the debtor to pay the debt to
the third party, and the obligation is effectively transferred. When the
question was raised as to how the debt could be transferred without a
kinyan, after some discussion, Rav Ashi answers, that the hanahah that
flows to the debtor in that he can now face the new creditor with the same
dilatory tactics is sufficient to bind the debtor. (The Talmud eventually
gives another answer - namely that the Rabbis arbitrarily made this rule
of law. The reason had to be given in response to a question raised in the
Talmud, but not to question the basic assumption of Rav Ashi.) [5] Case of partners
dividing property. In Baba Bathra 106b, it is stated that if brothers (or
partners) wish to divide property by lot, then as soon as the first
brother draws his lot, he acquires that piece of property and the other
brothers can no longer renege on the agreement. Since no kinyan has been
made, what binds the brothers? Once again Rav Ashi states that they are
bound by the mutual hanahah that each of the brothers obeys the others.
(It seems significant that Rav Ashi is the Rabbi cited in several of these
cases in showing that mere words can sometimes create an obligation. Rav
Ashi lived toward the end of the Talmudic period and could thus include
all the prior thinking of the Talmudic Sages in permitting agreement
between parties to stand.) [6] Forgiveness of a
debt. In Kiddushin 16a, the Talmud discusses the right of a slave to
redeem himself by paying to his master a proportionate share of the
purchase price according to the amount of years still remaining to work.
The Talmud states that the case of the slave is unique, since he cannot be
freed on the mere declaration of the master that he is remitting the
balance of the purchase price. Tosafoth there comment that the inference
is, that if a person owing the money is not a slave, then a mere
declaration can remit the obligation. While Tosafoth there question their
own conclusion , in Baba Mezia 112a, they cite this Talmudic passage and
hold that forgiveness of a debt does not require a kinyan; mere words are
sufficient. Although it is not stated, this author presumes that the
hanahah that the creditor derives is the pleasure that he has in being
magnanimous enough to extinguish the debt. (The Tosafists were Rabbinic
scholars mostly residing in France and Germany from the twelfth through
the fourteenth centuries. Their commentaries are included on the printed
pages of the Talmud.) The subject matter of
this lesson is more fully discussed in Volume 2, Chapter 60 of A
Restatement of Rabbinic Civil Law by E. Quint and on sale at local Judaica
bookstores. Address questions to quint@inter.net.il MEANING IN MITZVOT by
Rabbi Asher Meir Each week we discuss
one familiar halakhic practice and try to show its beauty and meaning. The
columns are based on the commentary “Meaning in Mitzvot” on the Kitzur
Shulchan Arukh, which is serialized on Yeshivat Har Etzion’s “Virtual
Beit Midrash”, www.vbm-torah.org. PROZBOL So it seems a bit
surprising that despite this stern warning, our Sages indicated that it is
commendable for the borrower to return the money anyway. First it is
necessary for the lender to affirm that he is wholeheartedly releasing the
debt; only afterwards is it praiseworthy for the borrower to say that “even
so”, he wants to return the money. (Mishna Sheviit 10:8-9.) It seems even more
surprising that the Sages themselves provided a way to evade the release
altogether, through the mechanism of the prozbol, a special conveyance
whose effect is to temporarily transfer one’s debts to the beit din,
which is not obligated in the release. (Mishna Sheviit 10:3-7.) We can begin to
understand these halakhot by recognizing that every loan has both a
monetary and a personal aspect. From the monetary side of things, it is
certainly fair and proper for the borrower to return the money that he
borrowed. This is the rule which applies to transactions between Jews and
non-Jews - the lender gave the money, so the borrower must return it. However, the Torah
reminds us that behind this seeming monetary equality there is a profound
personal inequality. The borrower is simultaneously dependent on the
lender and also subordinated to him through a personal lien (shiabud haguf),
creating a kind of slavery in miniature. The Scriptures tell us “The
rich man rules over the poor, and the borrower is the slave of the lender”.
(Mishlei 22:7.) The analogy between
debt and slavery helps us understand the release of debts in the shemitta
year. Just as a Jewish slave is released in the seventh year of work, so a
Jewish borrower is released at the end of the seven-year shemitta cycle.
These commandments are in consecutive passages in our parsha (Devarim
15:1-18). (As we pointed out in
Vayera, it also helps us understand the interest prohibition. Just as a
Jewish slave may not be excessively subjugated, so a Jewish borrower may
not be charged interest. These commandments are in consecutive passages in
parshat Behar, Vayikra 25:35-42). While the halakha
certainly affirms the ideal of fairness in monetary transactions, this
principle cannot be rigidly upheld when it conflicts with the ideal of
freedom. HaShem tells us “For the children of Israel are slaves to Me”;
our Sages inferred, slaves to Me, and not servants to servants, i.e.,
other human beings. (Kiddushin 22b.) So once in seven years, debts are
released. It is true that when
the monetary and human aspects of the loan conflict, the human aspect must
dominate. However, the ideal would be to avoid the conflict altogether.
One way that this can occur is for the lender to assert that he
whole-heartedly releases the debtor from his obligation. Then the aspect
of personal subjugation is removed; only the aspect of monetary fairness
remains, so it is commendable in such a case to return the money. (Based
on Rav Kook’s Ein Ayah on chapter 10 of Sheviit.) The same objective is
acheived by transferring the debts to the beit din through the prozbol.
While it is abhorrent for one individual to be subordinate to another, it
is understood that all are subordinate to the authority of the beit din.
So prozbol also succeeds in removing the dimension of personal subjugation
from the loan, making it possible for the loan to be collected even after
shemitta. Rabbi Meir is in the
process of writing a monumental companion to Kitzur Shulchan Aruch which
beautifully presents the meanings in our mitzvot and halacha. He is also
directing the Jewish Business Response Forum at the Center for Business
Ethics and Social Responsibility, Jerusalem College of Technology - Machon
Lev. The forum aims to help business people run their firms according to
Torah, by obtaining prompt, relevant responses to their questions. From Hasidic Wisdom
by Simcha Raz (Elkins/Elkins) This is what I
learned from a thief: He is willing to do the brunt of his work even at
night. If he does not get what he set out for that night, he does not
despair, he just goes out and gets it another night. He and his mates love
each other deeply and completely. He dedicates himself wholeheartedly even
to something of little value. He attaches little value to what he does
get, selling it for half its worth the following day. He finds his craft
most appealing and would not give it up for another. He endures countless
pains and blows but is not offended. - Rabbi Dov Ber of
Mezritch The Kotzker Rebbe
commented on LO TA'ASUN KEIN..., do not do so to your G-d, that we should
not practice Judaism with KEIN, as YES-MEN, just going through the
motions. Our practice should be with our hearts and proper kavana. "You have not
(yet) come to the resting place and hereditary land that G-d is giving
you." (D'varim 12:9) "By the rivers of Bavel, there we sat and
also wept, when we remembered Zion." (T'hilim 137:1) The former pasuk
is when we joyfully (and fearfully) were on our way into Eretz Yisrael.
The latter describes our leaving the Land, 850 years later. Those 850
years were filled with ups and downs - great ups and deep downs.
Basically, our challenge throughout history is to create and maintain the
ups, and to totally dispel the downs. Then the latter pasuk will only be a
bad memory. These two p'sukim have the same numeric value, lending a sort
of balance to the question of whether we are in or out. It's really up to
us. From the desk of the
Director Does the Torah teach
us geography? Apparently so. For in our parshah are we not told that Har
Gerizim and Har Eval, the stopping points for the blessings and the
curses, are… "Be'ever
HaYarden, acharei derech mevo hashemesh, be'eretz hakena'ani, hayoshev
be'arava, mul haGilgal, etzel Alone Mamrei" - 'On the other side of
the Yarden, by the way where the sun goes down, in the Land of the
Canaanites, who dwell in the Arava, over against Gilgal, besides the
terebinths of Moreh"? Why this detailed
topographical description? The answer, actually, might be precluded in the
very descriptions of the places. For the journey is a perilous process of
choice between two contradictory cultures. And the way is filled with
doubts and vicissitudes. The journey's
difficult start is characterized by the 'Other side' (Be'ever); it is
downhill (HaYarden) and dark (Acharei derech mevo hashemesh). But the
Canaanite culture encapsulated in the lowlands of the "Arava"
can with but a turn of letters be elevated to "Ivri," as implied
by the term "Gilgal," a wheel. The next station is Alone Mamrei
- Abraham's first stepping stone in Eretz Yisrael - tainted by the
negative possibilities of nearby Shechem, yet ripe with the positive
potential of the term "Moreh," symbolizing Torah. "Re'eh" -
"See!" proclaims the passuk: The ultimate Torah transformation
is clearly predicated on crossing that divide from "Ever
Hayarden" to "Eretz Yisrael." Sincerely yours, TTriddles TTriddles are T(orah)
T(idbits) riddles. They can be solved with obscure trivia knowledge (like
[4]) or a Rashi, Baal HaTurim, etc. (like [1], [2], [9]) or Targum Onkeles
(like [6]) and a hefty amount of mental flexibility. Even if you can't
solve them, they are fun and a bit educational to read a week later when
the solutions are here. Enjoy. Here are last week's
(EIKEV) TTriddles: And the answers,
please... [1] Dvarim 8:13 is
part of Moshe's warning against "forgetting" G-d in times of
plenty. And when your cattle and flocks will multiply and your silver and
gold will increase... Baal HaTurim says that the juxtaposition of animals
and precious metals tells us that raising flocks is a lucrative business.
"One who wants to become wealthy should deal in sheep and
goats." (There is no indication as to why he mentions the smaller
animals and not cattle.) Further, the Baal HaTurim points to the missing
VAV in "multiply" as a warning against allowing animals to graze
on land belonging to someone else. This, he says, will be
counterproductive and cause a decline in profits. [2] Dois is 2 in
Portuguese and dool is 2 in some language which I found on the net last
week, forgot to write down, and cannot find now; ni is 2 in Japanese and
twee is 2 in Dutch. Each compound-word refers to TOTAFOT, the Torah's word
for the T'filin of the head. Rashi says that the word tells us how many
parshiyot in the T'filin, since TAT is 2 in Kapti and PAT is 2 in Afriki.
Mbilica would be another name (Swahili, Mayan). [3] The 8th word of
the 8th pasuk of the 8th perek in D'varim is ZAYIT (really ZEIT). Like it
is KAZAYIT, which is the minimum amount of food that would be doubly
blessed, since we must make a Bracha Rishona (before-bracha) and a Bracha
Acharona (after-bracha). [4] Britt Reid is/was
the secret identity and alter ego of the Green Hornet. Colorless, he would
just be HORNET, which refers to the TZIR'A, that G-d would bring upon our
enemies. [5] 440 gift animals
from Yakov to Eisav are mentioned in a noteworthy pasuk in Vayishlach.
B'reishit 32:15 counts out 200 nanny-goats, 20 billy-goats, 200 ewes and
20 rams. There are 8 words in the pasuk, each ending in a MEM (sofit). The
Baal HaTurim points out that there is a sequence of 7 words (one short of
the 440 gift animals) each ending in a MEM in D'varim 11:16 (in the
Sh'ma). The Baal HaTurim matches them to a sequence of 7 words in Shir
HaShirim, each ending in YUD, the AT-BASH partner of MEM, and makes a
statement about idol-worshippers denying the 10 Dibrot... q.v. Don't look
for a connection to Yaakov's animals; there is none. It was just the
sequence of like-ending words. [6] The implementer
of Sh'chita is the knife, known as the CHALIF. Onkeles renders EIKEV as
CHALAF, hence the implementer of Sh'chita is this week's sedra. [7] Yekutiel is Moshe
Rabeinu. His diet, mentioned more than once in Eikev, is 40 days, not
eating (bread) nor drinking (water). [8] The phrase SH'MA
YISRA'EL occurs five times in the book of D'varim (once in Eikev). The
words of this TTriddle each follow one of the SH'MA YISRAELs. (One of them
is U'SH'MA YISRAEL.) [9] And now, Yisra'el
(says D'varim 10:12), WHAT does HaShem your G-d ask of you? MA, MEM-HEI =
45. By homiletically inserting an ALEF between the MEM and the HEI, the
word reads MEI'A, 100. It is taken as a REMEZ (hint) to the requirement of
saying 100 brachot daily. So too, points out the Baal HaTurim, the AT-BASH
of MEM-HEI is YUD-TZADI, which is 100. First on the board
with solutions this week was Zvi Roth, with email solutions right after
Havdala. And what solutions! He's going to be hard to beat. And here's the
call from RHM. Not bad, but Zvi is still in the lead. I like RHM's try at
[3]. She got to ZAYIT and said it's doubly blessed because in addition to
being one of Shiv'at HaMinim, it is the first fruit after the word ERETZ,
giving it top priority among the BOREI PRI HA'ETZ five of seven. DK/BE had
a nice try (stretched is right) on [3], but hit [9] right on the head.
Even tried to include raising 45 to the power of (log 100 / log 45). It
works, but Rashi and Tosefot had better ideas. MM/Bklyn had a beautiful
[1,4,6,7] sol'n subset. This week's
TTriddles... [1] Remember it
inside and out.
NESTO is open to all
teens entering 9-12th grades. While NESTO is geared for the Modern
Orthodox crowd in Israel, we realize that there is a large range of
observances and interests within that definition. This year our weekly and
monthly programs will reflect the needs for this broad range, as will the
various Shabbatonim that are held throughout the year. In addition to
myself, we are finalizing assistance from a wonderful Bat Sherut, as well
as a talented cadre of madrichim. NESTO is more vibrant
than ever, and we welcome you to become a part of this dynamic group of
teens. If you are interested in receiving our calendar of events,
registration form, or our mission statement, please call me at 500-3333
ext. 203. Our first program of
the year... Welcome Back BBQ
Blowout will take place, IY”H
on Tuesday Sep. 12th at Gan Sacher. We will meet at 5:30pm. 10 shekels per
person. Membership for the year is 55 shekels if you register from
Sept.12th. until Rosh Hashana, and then 70 shekels thereafter. We are happy to be
back on the pages of TT and into the lives of our members. Hope you all had a
fulfilling summer, and I look forward to seeing you on Sept. 12th. Yours, TIYULIM LAST CALL - Galil
& Overnight - Monday-Tuesday, August 28-29 Next day... after
davening and breakfast at Beit Rimon, we will travel to Tzfat by way of
Rosh Pina. Tour of the ARI, Abuhav, and Karo shuls, artists quarter, lunch
(on your own), candle factory. (a lot of walking). Amuka, R. Yonatan b.
Uziel. Mt. Meiron, R. Shimon bar Yochai, Hillel, and Shammai. To Jerusalem
by way of Tiberias with some surprises along the way. Return Israel
Center, approx. 9:00pm. Guide: Judy Auerbach 600NIS p.p. Two to a
cottage. Additional people (children or adults) in cottage is 550NIS p.p.
(Non-members add 50NIS p.p.) Fridays, AUG 25, SEP
1,15,22, 8:30am to 1:45pm Back by popular
demand: Shaarei Chessed with Esther Shlisser Evening tour of Har
HaTzofim with David Magence British War Cemetery
(including Jewish Legion), original & rebuilt hospital, sculpture,
H.U. campus, archeology, tomb of Nikanor (maker of the gates of the Beit
HaMikdash), outstanding views of Midbar Yehuda & Old City Tuesday, September
26th, 10:00am with Esther Shlisser 1-day tiyul
to the Golan - Wednesday, August 30th 100NIS p.p. (115
non-members) - Bring snacks (or buy), shoes for walking (not strenuous) * We stop in the
Qatzrin shopping center (after the winery) where you can buy lunch (pizza,
falafel, coffee shop, supermarket). There are also nice sitting areas for
"bring your own". Various shops for browsing and shopping.
Interesting doll museum (at your expense and time permitting). The next dates for
the 1-day Golan tiyul are: Due to increases in
costs, the charge for the tiyul, from September, will be 120NIS p.p. (135
non-members) TIYUL HOTLINE
500-3333 ext. 211 OU/NCSY ISRAEL CENTER
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