Special Features For the record... In the many months that B"H YOM YOM has appeared in Torah Tidbits, the most feedback we've received (not counting comments on factual details or typos) has been about the yahrzeits of Yitzhak Rabin and Meir Kahane. Why did we omit the one or the other? Why did we include the one or the other? Will we also put in the anniversaryof the sinking of the Altalena? First of all, the BHYY column is based on the book and there are events that are not contained in the book. That, per se, is not a great excuse, because there are other sources of Jewish History which can be used to supplement the book. Both dates (and many others) "belong" in a column such as BHYY. The Prime Minister of the State of Israel was shot to death by a fellow Jew. That is a tragedy for Jews of all colors, shades, religiousness, observance, political orientation.And when a non-Jew kills a Jew, that of course, is a tragedy too. Especially, whenthe victim is killed because he is Jewish. Both PM Rabin and Rabbi Kahane should be entitled to their points of view. And we each should be entitled to agree or disagree, to argue, debate, protest, and voice our own opinions. There is a significant amount of picking and choosing of what goes into the column and what does not. But there is also a lot of material that slips between the cracks. Reader feedback is useful and appreciated - especially when it is constructive. Keep it coming.
Meaning in Mitzvot by Rabbi Asher Meir Each week we will discuss one familiar halakhic practice and try to demonstrate its beauty and meaning. These columns are based on the work “Meaning in Mitzvot”, which is serialized on Yeshivat Har Etzion’s “Virtual Beit Midrash”, www.vbm-torah.org. SAYING BLESSINGS OVER A CUP OF WINE In our parsha, Yitzchak requests "Serve me, and I will eat of my son’s meat, so that my soul may bless you”. Yaakov goes beyond his father’s request and serves wine as well (Bereshit 27:25). This suggests a special connection between wine and blessing — one already discernible in the account of Malchitzedek, who precededhis blessing of Avram by bringing bread and wine (Bereshit 14:18-19). This connection is formalized in the halakha by the requirement for a “kos shel berakha”, a “cup of blessing”. Our holiest and most solemn moments are celebrated over a cup of wine, which is a requirement at kiddush (OC 271, 289) and havdala (OC 296); at brit mila (YD 265) and chuppa (EHE 62); and at the invitation or “zimun”to grace after meals (OC 182). In Jewish as in Western culture, wine has a deep and powerful symbolism. Wine releases our inhibitions and reveals our hidden selves. This is expressed in the Hebrew proverb, “Where wine goes in, secrets come out” (niknas yayin, yetze sod - Eiruvin 65a), as in the ancient Latin proverb “In wine is truth” (in vino veritas). In the non-Jewish world, this inner self has been considered a shameful one. Wine was the center of pagan orgies such as the Bacchanalia, where people sought to free themselves from the strictures of custom; and conversely, abstinence among non-Jews is often considered a sign of piety, as we see in the Moslem and Mormoncustom to refrain from alcohol entirely so as not to risk freeing up precisely these dangerous human impulses. We have a different opinion of our true nature. By paradoxically connecting our happiest and holiest moments to wine, we make a powerful testimony to our faith in the inherent goodness of man. We demonstrate that we are not afraid of exposing our innerness, but on the contrary, we are anxious to do so, and we are sure thatwhen our innermost selves come to the surface, they will be perfectly suited to moments of the greatest sanctity. BREAKING DOWN THE BARRIERS We can detect an additional, related theme in the halakha’s attitude towards wine. By opening up our inner selves, wine has the ability to break down barriers between human beings. For instance, according to almost all Rishonim, the special blessing said on a change in wine, “hatov vehametiv”, is said only when drinking with others. (BY OC 175.) Like the same blessing on happy events, which is said only when the joy is shared (OC 222), the blessing on the joy of wine is really recited on the fellowship which wine creates. Another example of the connection of wine with fellowship is our custom to say grace over a cup of wine only when there are three men (OC 182, based on Zohar Chadash 87:3). And in the same halakha where we learn that wine is a prerequisite for rejoicing of Yom Tov, we learn that sharing with others is a prerequisite forthis rejoicing. (Rambam Yom Tov 6:18, OC 529:2 in SA and Beur Halakha.) ABUNDANCE, NOT ABANDON At the same time, the halakha imposes very strict and elaborate rules of decorum on a kos shel berakha. (OC 183.) This demonstration of restraint ensures that we want the wine to release our most elevated impulses, and not our basest ones. 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. Rabbi Meir - who have givien a series on Business Halacha at the Center - will be giving a weekly shiur at the Israel Center on Tuesday mornings. See Back Page,page II for details.
The G'matriya of the 5426 letters in TO'L'DOT is 346,082 There are more YUDs than any other letter - no surprise, it's that way in the whole Torah - but the 701 YUDs are 25% above average. 605 VAVs are 11% above average. HEIs on the other hand are 26% below average - 370, instead of the "expected" 499. Unlike the two or three previous sedras, this one seems "more agitated", moreletters are way above or below average. REISH, CHET, ALEF are close to average, but not as close as some letters in previous sedras. The most glaring deviation from average is SAMACH. There are only 3 in the sedra - 91% below average. PEI and TET are 50% and 31.5% below expected numbers. The 162 KUFs are 94% above average. KUF is found in both YITZCHAK (39 times in the sedra) and RIVKA (13 times). That definitely contributes to the high number of KUFs. Back to SAMACH. It happens to be the last letter to make its appearance in the Torah. No SAMACH until the 42nd pasuk, the 575th word, the 2210th letter of the Torah. Curious. Meaningful? Don't know. Fun? Yes (if you like this sort of thing). Who knows?
YITZCHAK, HAGAR, and PINCHAS (with a YUD) all have the same G'MATRIYA, 208.
THE JERUSALEM INSTITUTE OF JEWISH LAW R. Emanuel Quint, Dean Lesson #14 - Cases Where Non-Ordained Judges Cannot Judge There are many types of cases that are not given to the Beth Din of non-ordained judges to judge. We shall in this lesson deal with just a few examples. Reuven drives his car through a red light and hits Shimon who is crossing the street. Perhaps Reuven is liable, depending on the facts of the case. Who had the right of way, was there a traffic control light, if yes, in whose favor was it? In all events, Shimon has suffered injuries. The case is the same if Reuven intentionallyhit Shimon and caused injuries to Shimon. Perhaps it was self-defense? In all situations where Reuven directly causes injuries to Shimon, Reuven may have to pay to Shimon for one or more of these five categories. They are (1) permanent injury, as for example, the loss of a finger; (2) pain attributed to the injury; (3) loss of earnings after permanent injury has been paid; (4) medical expenses;and (5) humiliation or embarrassment. (1) Injury: The amount paid for injury is what a potential buyer of a slave would pay for Shimon prior to the injury and what he is worth now as a slave without the limb. (On June 22, 1999, Time Magazine stated that “there are an estimated 27 million individuals around he world held in some form of slavery”.) Only a BethDin consisting of ordained judges are authorized to make such assessment. However, in one of my recent books, I made a suggestion to remedy this situation. The Beth Din of non-ordained judges should be able to make an assessment based on many factors. They may take into consideration the type of work that Shimon did, hiseducation, his age, his personality and room for advancement, his life expectancy depending upon his health, the retirement laws of the country in which he resides, and any other factors that Beth Din may deem relevant. Beth Din can call upon experts from the fields of medicine, labor, economics, actuaries, and othersit deems necessary to reach a conclusion. Then judgment can be reached not as a legal judgment but rather as an appraisement that Beth Din of non-ordained judges may also do. For example, Shimon was earning $10,000 a year as a teacher and his future earnings for the next 30 years were estimated to be $450,000 taking intoaccount anticipated pay increases. Because of the loss of limb, his future earnings are predicted to be $3,000 a year and his future earnings for the next 30 years are estimated to be $135,000. The payment for injury would be $315,000. (2) Pain: The compensation for the pain suffered by Shimon depends upon the psychological and physical makeup of Shimon, his background, his pain tolerance, was he pampered, is he delicate and other factors that experts can assess. If the pain results from a loss of limb, the halachic test is as follows. Assume that Reuvendid not cause the loss of limb; Shimon would still have had the lost limb. Assume further that Shimon’s doctor tells Shimon that limb must be removed for medical reason. If the limb is to be removed by an operation without anesthesia there is no charge for the operation. If Shimon desires anesthesia to be administeredprior to the operation, how much is Shimon willing to pay for such anesthesia? That amount is the sum that Beth Din will allow for pain. (3) Healing or Medical Expenses: In most situations this is relatively simple to compute. Beth Din will have to examine all of the hospital, doctor and nursing bills and cost of medications and therapy etc. If the amount decided upon by Beth Din turns out to be inadequate, Shimon can always make application to Beth Dinfor additional payments. (4) Loss of Earnings: In case of the loss of limb, this represents the loss of the lower income predicted in category (1) injury, above, or $3,000 a year or $250 a month. If Shimon is out of work for 2 months he will collect $500 in addition to that collected under injury above. (5) Humiliation: The payments to be made depends upon the relative social status of Reuven and Shimon. If Reuven is insignificant socially there is greater humiliation to Shimon than that caused if Reuven is a more significant person. The Beth Din of non-ordained judges can only enforce payment of (3) healing and (4) loss of earnings. They do not have jurisdiction to award damages for permanent injury, pain and humiliation. Non-ordained judges do not have jurisdiction to award compensation for blemish or humiliation to a virgin who has been raped or seduced. Blemish is the compensation that is paid for making the victim less desirable. Humiliation depends upon the position of the man who caused the humiliation and of the girl who was humiliated.There is much greater humiliation to an esteemed girl from an eminent family than there is to a girl from a poor and modest family. Only a Beth Din of ordained judges can consider the amount of money the girl’s father would have paid to prevent such a thing from happening to his daughter to be raped or seduced by thisman. A Beth Din of non-ordained judges has no jurisdiction over cases where the bridegroom slanders the bride. The morning after their marriage, the groom brings charges that he did not find his bride to be a virgin and she was not chaste between the time of betrothal and marriage. This may have serious ramifications. Does sheface the death penalty if adultery is proved? May he divorce her without paying her the kethubah? Nowadays the betrothal and marriage almost always take place together in one ceremony so such a claim cannot be present. There is potential for expanding the jurisdiction of the non-ordained judges. Sherira Gaon (906-1006) permitted a person to recover for humiliation even in a case where there was no physical contact. His rationale was that if there could not be recovery in a Beth Din of non-ordained judges people would not be careful insuch matters. As will be seen in subsequent lessons, the courts of non-ordained judges were not always constrained in their jurisdiction. The jurisdiction has been expanded and will continue to be expanded. Also, the plaintiff and defendant can stipulate that the Beth Din of non-ordained judges can judge their dispute. Most trials beforeBeth Din nowadays is by the parties stipulating to be bound by the decision of the Beth Din. The stipulation provides that the parties will abide by the decision of the Beth Din as if it were a judgment of the courts of the land and can be so enforced. Another way in which jurisdiction was enlarged for the non-ordained judges is by exercising exigency jurisdiction, the topic of the next lesson.
Halachic Manners The way I learned Chumash way back when, included a description of Eisav's eating habits upon his return from the field. Somehow, we had this picture of a gruff guy asking food food to stuff his face. He eats, he drinks, he gets up and he goes on his way. No Dvar Torah, no Birkat HaMazon, and no manners. Not only are there halachot that govern what is proper and what is improper Birkat HaMazon, but it is so with table manners as well. For example, if two people are eating together, and they are sharing food - let's say that there is a plate of humus between them, and pitot - and one is talking to the other (not while he's eating, of course - and that is addressed in Shulchan Aruch too), then the one listening should not eat while his friend is talking.This, so that the talker will not be tempted to eat while he's talking lest his share of the humus dwindle before his eyes. This is just one example of many halachot in Shulchan Aruch and other sources that relate to the topic of manners. There are halachic sources that discuss eating habits for winter and summer, for one's youth and one's advanced age. There are halachic discussions about digestion. Much of the material relates to health, butthere are also rules and recommendations for good table manners and common sense behavior traits. Judaism is much more than a religion - it is a way of life.
Your Opinion, Please We carried an ad last week that contained the phase, JEWISH LABOR. This was not the first time we've had ads like this. One reader of TT called and emailed his objection to the phrase. It reminded him of the NO JEWS ALLOWED, GENTILES ONLY kind of anti-Semitism that we suffered years back. We discussed the complaint and changed it to HEIMISHE LABOR for this week, since the advertiser wanted potential clients to know that all his workers were Jewish. I have asked several people their opinions and decided to ask yours, the readers of Torah Tidbits. If you feel strongly enough on either side of this question, we'd like to hear what you have to say. The best way to let us know would be via email (philch@virtual.co.il). Second best is fax (538-5186) or good old fashionedletter. [The Toldot Homepage]
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