Meaning in Mitzvot by Rabbi Asher Meir

Each week we will discuss one familiar halakhic practice and try to demonstrate its beauty and meaning. The columns are based on the work “Meaning in Mitzvot”; you can subscribe by visiting Yeshivat Har Etzion’s “Virtual Beit Midrash”, www.vbm-torah.org.

WOMEN AND “PIRSUMEI NISA”

In our parsha, Tamar uses her feminine attractiveness in a way which seems immodest - yet her intention was for the sake of heaven, and ultimately her actions made her the mother of Jewish sovereignty. (Bereshit 38:13-30.) Immediately afterwards we encounter the story of Potiphar’s wife who sought to attract Yosef; Rashitells us that her intention too was for the sake of heaven.

Our tradition learns from the verse “All the honor of the king’s daughter is within” (Tehillim 45:14) that a women’s honor stems from what is within her, not from her outer appearance. However, one special category of mitzva shows that external allure can serve and reflect inner spirituality, as it did in the case of Tamar.

Although women are generally exempt from positive, time-bound commandments, they are obligated in the three mitzvot of “publicizing the miracle”: Chanukah lights, hearing Megillah at Purim, and drinking four cups at Pesach. This is because “they too were involved in the miracle”. One explanation is that in all three casesthe women helped bring about the miracle: Yehudit in the miraculous centuries-long resistance to foreign domination which included the Maccabees’ victory, Esther at Purim, and the Jewish wives in Egypt. (Rashbam Pesachim 108b, Rashi Shabbat 23a.)

In fact, in all three cases salvation was not only wrought by females, but specifically through femininity, through feminine attraction: Yehudit by attracting Holofernes, Esther by attracting Achashverosh, and the Jewish wives in Egypt by attracting their husbands and encouraging them to father additional children. (Sota11b.)

Of course external appearance played an important role in all three cases. The Megillah emphasizes Esther’s beauty; the book of Yehudit stresses Yehudit’s beauty; and the Gemara tells us that the wives in Egypt took advantage of their appearance as well. However, a closer look suggests that the beauty in each case was muchmore than skin deep.

The Megillah shows that Achashverush had a harem full of beautiful concubines. We know that Holofernes also had his own bevy of beauties. (See Judith chapter 12 and the Midrashic parallels.) Evidently Esther and Yehudit had a force of attraction which these tyrants couldn’t find in mere courtesans: in addition to theirexternal comeliness, they radiated inner spirituality, as a result of the great piety which is evident from their stories.

Likewise, the Jewish men in Egypt were physically crushed and exhausted; marital relations were the last thing they craved. Their wives could entice them to overcome their exhaustion because they were inspired by their spiritual mission of increasing the Jewish people.

The role of spirituality in adding a critical extra dimension to romantic attraction, and the fact that such attraction can serve as the means to a divine miracle, hints that this appeal has a spiritual aspect. Indeed, Judaism views the union between man andwoman as primarily a spiritual union, which however requires aphysical expression - just as our connection to HaShem needs to be cemented through the physical acts of the commandments.

So the obligation of women in the mitzvot of pirsumei nisa reminds us of the special connection between these miracles and women’s role in bringing them about. Miracles show that our seemingly mundane and profane world is ultimately pervaded and mastered by God; it is fitting that they should be wrought by demonstratingthat the seemingly mundane and profane attraction between man and woman is ideally pervaded and mastered by devotion to God.

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 has given a series on Business Halacha at the Center, as well as three sessions of Meaning in Mitzvot - the Shiur. He will, IY"H, be continuing the series on a regular basis.

Shir shel HaYom - Psalm of the Day - Chanuka 5760

According to MINHAG YERUSHALAYIM (mostly? based on the followers of the GR"A who came to Eretz Yisrael about 200 years ago and established an Ashkenazi community in the then mostly S'faradi Jerusalem), on Rosh Chodesh and Holidays, a special Psalm preempts the "regular" Psalm of the day. In other words, on Sunday duringChanuka, the Psalm for Chanuka (Ps.30) is said INSTEAD of the Psalm for Sunday (Ps. 24). Following the rule that only one Psalm is said per day, there must be rules for those days when two special Psalms vie to be said. And so there are rules for those occasions. The Psalm for Shabbat (Ps. 92) pre-empts that of Chanuka.(Or, should we say that the Psalm for Chanuka does not preempt that of Shabbat?) The Psalm of Rosh Chodesh (Ps. 104) pushes aside that of Chanuka AND Shabbat. This year, Rosh Chodesh does not fall on Shabbat, so the schedule of Psalm of the Day is as follows:

First day - Ps. 92,

Second, Third, Fourth, Fifth day, that is Sun, Mon, Tue, Wed - Ps. 30

Sixth & Seventh day - Thu-Fri, Rosh Chodesh - Ps. 104

Eighth day - Ps. 92

T'hilim 30 is the introduction to P'sukei D'Zimra (or the bridge between Korbanot and P'sukei D'Zimra) and is said by some not only at the end of Shacharit on Chanuka, but also at the end of Maariv and/or at candle-lighting.

Many congregations which don't follow the One Psalm a Day custom of Minhag Yerushalayim will add the Chanuka Psalm and that of Rosh Chodesh to the regular Psalm of the day.

Psalm 30:

For statistics fans: For the 8 days of Chanuka, Psalm 30 is said at least four times (as it is this year), but not more than six times (weighted average: 5.35 times per Chanuka). Psalm 92 is usually said once each Chanuka, sometimes twice (as it is this year), and sometimes it is not said at all because of Shabbat RoshChodesh. (avg. .90 per Chanuka). Ps. 104 is said once or twice (as it is this year) on Chanuka (avg. 1.75 per Chanuka). This all works out to 5.35+0.90+1.75=8, and that's good, because there are 8 days of Chanuka. Have a happy.

KAVANA when lighting chanuka candles: One should have in mind the Rabbinic mitzva (with Torah backing) of NER CHANUKA plus the HIDUR MITZVA of the extra candles. One should acknowledge G-d and thank Him for the Chanuka miracles in particular, and for all His miracles and kindnesses in general.

Shamash lit, held in right hand, ready to light...

All brachot should be said immediately before beginning to light

(some say that after the first bracha, one candle should be lit, then say the second bracha and light the remaining candles)

Some begin HANEIROT HALALU after lighting one candle - the Mitzva candle and continue while lighting the rest of the candles.

Others say it after completing the lighting of the candles.

Continue with MA'OZ TZUR. Some say Psalm 30 after candle lighting

CHANUKA: It's about time!

NOTE: The times presented in the following paragraphs are for Jerusalem. Adjustments must be made for other locales.

Because Chanuka is early this year (of course it isn't really early - it's right on time - 25 Kislev), because Chanuka is in the beginning of December, the times important to Chanuka do not change much over the course of the 8 days. Sunset advances about a half a minute during Chanuka, stars-out less than a minute and PlagMincha a bit over a minute. These relatively slight changes will allow us to fix certain times for different Chanuka candle issues for the whole Chanuka. This will make things easier to remember.

For convenience - and reasonable accuracy - we will use the following times:

Plag Mincha - 3:40pm

Sunset - 4:40pm

"Early" stars out - 5:00pm or 5:05pm

"Later" stars-out - 5:15pm(based on Shabbat out time)

half hour after stars-out - 5:45pm

Let's deal with the candle lighting on SUN/MON/TUE/WED/THU nights first, since these are the "normal" situations. Then we'll talk about the two Fridays this year, and the one Motza'ei Shabbat.

There are basically two opinions as to when is the proper (ideal) time to light the Chanuka candles. They are based on how one would interpret the phrase, "with the setting of the sun". To over-simplify, let's call the two opinions (1) the standard opinion, and (2) the opinion of the Vilna Gaon, a.k.a. Minhag Yerushalayim.

(1) The "standard" opinion in the case of the mitzva of Chanuka candles, is that the intent of the halacha is "when the light of the sun leaves the sky". This is generally called TZEIT HAKOCHAVIM, stars out. There is a logic to this opinion in that candles are nicely visible when it is dark out, and this fits the role ofthe Chanuka lamps of PIRSUMEI NISA, publicizing the miracle.

(2) The GRA's opinion (others hold this way too, specifically many Rishonim, yet the opinion is known as that of the GR"A) is that the intent of halacha was to "sunset", when the body of the sun completely drops below the horizon. Although it is still fairly light out right after sunset, the flames of the Chanuka lampsare visible and it is recognizable that one is lighting for the sake of the mitzva. This opinion fits better with the wording of the Gemara.

Those who follow opinion (2) should daven Maariv and then light, because of the famous principle, TADIR V'SHEEINO TADIR, TADIR KODEM. When you have two mitzvot to perform, the more frequent one should be done first. Another factor in this ruling is that the SH'MA in Maariv is the fulfillment of a Torah commandment, whereasChanuka lights are Rabbinic.

Those that follow (1), would light before davening Maariv, since at sunset, it isn't yet time to daven. If a (1) person is running late, he too should daven Maariv first.

TACHLIS: Sunday thru Thursday, light at 4:40 or 5:00-ish.

If you miss the ideal time (for the opinion that you follow), then the sooner the better. Don't say, "It's already 6:00 o'clock so what difference does it make." 5:15 is better than 5:30, and 5:30 is better than 6:00. And 6:00 is better than 7:00. Etc.

If, for some reason (a good one, hopefully) you must light before the "proper" time, then the earliest allowable time is Plag Mincha, and the later (closer to sunset) the better. 4:30 is better than 4:15, and 4:15 is better than 4:00.

UNTIL WHEN?

Candles must burn at least a half hour after stars-out. This was the original amount of time after dark that people were still around outdoors. This was important for the PIRSUMEI NISA aspect of the mitzva. Although in our day, people are out later than this time, the halacha only requires the half hour after stars-out.However, it is recommended that one use longer candles or more oil to extend this time a little (one need not go overboard on this issue), in token recognition of the expansion of the Pirsumei Nisa time-frame.

TACHLIS: If one lit at 4:40 or 5:00 or earlier than 4:40 or as late as 5:15, then the candles must burn until at least 5:45pm, preferably somewhat longer.

If someone lights after 5:15pm, then the candles must last at least a half hour, regardless of what time (after 5:15pm) one lit.

It is REALLY good to try to light at the proper time.

Fridays, Dec. 3th & 10th - the first and 8th night...

We cannot follow the standard weekday timing on Erev Shabbat, because of the prohibition of kindling and handling fire on Shabbat. So we will have to light early. And this will require longer (or fatter) candles or more oil than usual.

Furthermore, the rule is that Chanuka candles are lit before Shabbat candles. Shabbat candle lighting in most places is 18-22 miutes before sunset. This time should not be tampered with. Chanuka candles should be lit a couple of minutes before Shabbat candles (even when different people are lighting). They should not belit a lot before Shabbat candles, but in all cases, never before Plag.

Jerusalem (and Petach Tikva) custom is to light Shabbat candles 40 mins. before sunset. There are halachic authorities who permit delaying Shabbat candles 15 to 20 minutes after the posted time (remember - Jerusalem and Petach Tikva only, or other places that the same practicwe is observed) so that one's Chanuka candlesdo not have to be lit so early. This matter should be explained well to the family so that misunderstandings do not arise. This is a sanctioned delay for these two Fridays only.

Be very careful not to get anywhere (shouldn't that be, anywhen?) near sunset. Let 4:30pm be a "redline" for lighting candles (Chanuka or Shabbat) - otherwise, one runs the risk of encroaching on Shabbat. If you are late, be absolutely sure the sun is still in the sky - otherwise it is better not to light candles.

It is highly preferable to daven Mincha BEFORE lighting Chanuka candles (since Mincha belongs to the day and Chanuka candles belong to the following night). This is SOP on all other days of the week. But on Friday, people will generally light candles at home and then go to shul for Mincha, Kabbalat Shabbat and Maariv. Ifthis is the only minyan available to a person, then so be it. One should not daven Mincha without a minyan in order to be able to light after Mincha. Halacha permits one to daven Mincha after lighting if the alternative is to miss T'fila B'Tzibur (davening with a minyan), but it isn't an ideal situation. Best idea is todaven Mincha earlier in the afternoon, light candles at the proper time (see further), and go to shul for Kabbalat Shabbat and Maariv.

To reiterate: In all cases, lighting Chanuka candles on Friday requires larger candles or more oil, so that the Chanuka candles burn to at least 5:45-ish and preferably longer.

A further recommendation is to hold Ma'oz Tzur for the Shabbat table with the other Zmirot, rather than singing it in the pre-Shabbat rush.

It is also recommended that on Friday one make whatever preparations are feasible for Motzaei Shabbat lighting, so as not to unnecessarily delay the already-delayed (because of Shabbat) Chanuka candle lighting. If one has a spare Chanukiya, he/she can set it up for Motzaei Shabbat in advance. Where this is not practical,one should at least have candles, oil, wicks, matches, whatever, ready to go as soon as Shabbat is over.

This year, with Friday night being the first candle, it is a simple matter of inserting two unlit candles or filling two oil cups for Motza'ei Shabbat in candle positions 2 & 3 (or 7 & 8), so that they are ready to go right after Shabbat.

MOTZAEI SHABBAT, DEC 4th

Two mitzvot to perform - Havdala and Chanuka candles. By the rule of TADIR, havdala should be said first. And by logic, one should "finish" with Shabbat and then light candles for the second day of Chanuka, which is Sat. night & Sunday. Many authorities hold that on Motzaei Shabbat, one should say havdala first and thenlight Chanuka candles. This opinion is followed by the majority of Chanuka-candle-lighting Jews all over the world. The Maharal (among others) is vehement in his insistence that you cannot possibly consider doing something so "weekday-ish" as lighting Chanuka candles, unless you have first said havdala. He rejects anyargument to the contrary.

In shul, it is the universal practice to light Chanuka candles before saying havdala, this to maximize Pirsumei Nisa in a situation where everyone present will be leaving for home shortly.

At home, people will still be there for the Chanuka candles, so there is no need to light before havdala. Those who say havdala first can (should?) light their Shammash for the Chanuka candles with the havdala candle before extinguishing it, thus dovetailing one mitzva with the other.

ON THE OTHER HAND...

there is a strong argument for lighting Chanuka candles before havdala, even in the home. First of all, Shabbat is over when it is 5:16pm (some calendars might vary slightly) AND one has said ATA CHONANTANU in the Maariv Amida OR at least said BARUCH HAMAVDIL BEIN KODESH L'CHOL. Havdala is NOT what ends Shabbat - it iswhat honors Shabbat as it departs. Even so, havdala should go first, except for one very important factor: The prime time (according to some, the only time) for Chanuka candles is ticking away. We cannot, of course, light Chanuka candles when it is still Shabbat. But we should maximize the amount of time until the "half-hourafter" once we are allowed to light. Havdala will wait; Chanuka candles will not. Therefore, the OTHER opinion is that Chanuka candles go first and then havdala. This procedure comes with the reminder not to use the Chanuka candles for havdala, since one may not benefit from the Chanuka lights, and the bracha in havdalais specifically upon using the light (hence the examining of fingernails, etc.). Those who follow this opinion can (should?) light the havdala candle from the Shammash, thereby dovetailing one mitzva into another. Chanuka candles first is the opinion of the Vilna Gaon and many others, and is Minhag Yerushalayim.

(Remember that not everyone in Yerushalayim follows the practices known as Minhag Yerushalayim.)

This dispute is one of the few in halacha that is resolved in the following manner: "Whichever opinion you follow, you have performed correctly". Either procedure may be followed. Family and community custom might play a deciding role in this issue.

Some say that those who light outdoors should follow the custom of lighting before havdala. Those who light indoors can take their pick.

In either case, it is common to daven Maariv a bit earlier than usual to permit earlier lighting of Chanuka candles (but after Shabbat). Those who say V'YITEIN L'CHA should say it AFTER lighting Chanuka candles.

Remember that Shabbat is paramount. In case of doubt as to whether Shabbat is being encroached upon, one should NOT light Chanuka candles. It must be DEFINITELY after Shabbat before lighting. But one should not unnecessarily delay the fulfillment of the mitzva of Chanuka candles.

A note for Rabeinu Tam people: Those who follow the Shabbat-out time of Rabeinu Tam (72 minutes after sunset) and consider it to be the correct halachic time, must keep it on Motzaei Shabbat Chanuka, even though it means losing "prime time" for Chanuka candles. Those who keep Rabeinu Tam time as a CHUMRA (a strict measure,but accept the earlier time as halachic), might end Shabbat earlier on Motzaei Shabbat Chanuka, in order to fulfill the mitzva of Chanuka candles at their better time. It is advised to check this out with a Rav so that you will know the correct procedure.

A nice suggestion...

Some have the custom of preparing the Chanukiya in the morning for the evening. This not only serves the practical purpose of being ready to light on time without delaying to set up later, but it also commemorates the practice in the Beit HaMikdash called Hatavat HaNeirot, whereby the Kohen (Gadol) tended the Menora andprepared it in the morning for kindling in the late, late afternoon. Since our lighting on Chanuka directly commemorates the lighting of the Menora in the Beit HaMikdash, this suggestion provides a nice "added touch" to the mitzva and sybolism of Chanuka lighting.

AL HANISIM: From Leil Shabbat Parshat Vayeishev until Mincha and Seuda Shlishit of Shabbat Parshat Mikeitz, for the 8 days of Chanuka, we add AL HANISIM to the Amida and the Birkat HaMazon, in the Bracha of Thanks and Acknowledgement.

If one forgets Al HaNisim in either, and has already gone beyond the bracha in which Al HaNisim is added, he/she does NOT go back, does not repeat. If the omission is discovered before the conclusion of the Amida or benching, then in the Amida, right before Y'H'YU L'RATZON... and in "benching", after BAMAROM say:

HARACHAMAN HU YA'ASEH LANU NISIM K'MO SHE'ASA NISIM LA'AVOTEINU BAYAMIM HAHEIM BAZMAN HAZEH.

and then continue with BIMEI MATITYAHU...

Indoor/Outdoor

The original place for display of the Chanukiya was outdoors at the entrance to one's courtyard or home.

Over many generations in exile, where lighting outdoors was often inconvenient to say the least, and sometimes dangerous, the practice evolved to light indoors. In some circumstances, the lighting was to be done at a window, so that the candles would be visible to passersby in the street. In other cases, the Chanuka lightswere lit in a conspicuous location for the attention of the members of the household.

Many people who have come to live in Israel, still light inside, at the window, as they had lit for years in their countries of origin. But others have gone back to the original practice of lighting outdoors. It seems that this is the preferred method in Yerushalayim.

If you are considering changing any aspect of your Chanuka candle lighting routine, (candle to oil or vice versa, sunset to stars-out or vice versa, indoors to outdoors or vice versa, window to door or vice versa, each family member to one for the family or vice versa, etc.) it is advisable to consult a Rav.

You know it, but do you know Why?

Everybody seems to know that we light Chanuka candles before Shabbat candles, but many people assume that the reason is: "Once you light Shabbat candles, it's Shabbat, so how can you light Chanuka candles?" That's not really the correct reason. Because it is possible to light Shabbat candles with a condition that one isnot yet accepting Shabbat. This condition would not even be necessary for men who light Shabbat candles since they generally do not accept Shabbat with lighting, nor for S'faradi women who also do not accept Shabbat with lighting. And in many homes, the woman lighting Shabbat candles does not light Chanuka candles, sotechnically, she could light Shabbat candles when she is supposed to and her husband can light Chanuka candles closer to sunset. In fact, there are two reasons to want to light Shabbat candles and then Chanuka candles - TADIR (frequent mitzva and less frequent mitzva, frequent one usually goes first) and to allow Chanukacandles to be closer to sunset. However, the rule IS that Chanuka candles go first. One reason is to prevent the rare blunder that a person might mistakenly forget not to accept Shabbat with the lighting of Shabbat candles and then light Chanuka candles thinking that it is okay, which it would NOT be. Based on this possibility,we ALL light Chanuka candles before Shabbat candles to prevent the possible unwitting violation of the Shabbat. That's how important Shabbat is to us. There is another possible reason for Chanuka candles to precede Neir Shabbat Although the Sages permit certain final Shabbat preparations after lighting Shabbat candles(before sunset, of course, and with proper mental condition when necessary), they did not want to formalize the performance of a mitzva with fire (Chanuka lights) after the mitzva with fire that is symbolically the last weekday activity and the harbinger of Shabbat. There is a difference between a few more minutes of highflame under the chicken soup before lowering the flame and putting the blech on the stove and lighting Chanuka candles, if you get my drift.

Are you hungry?

Whether it is "old country" potato latkes or Israel's sufganiyot, the custom is to have foods featuring OIL to commemorate the miracle of the oil. An older minhag is to have dairy dishes (we usually associate that with Shavuot), specifically cheese, to commemorate the daring deeds of Yehudit who fed cheese to the Greekgeneral, then wine to quench his thirst, and then slew him when he fell asleep.

Strong suspicion: Once upon a time, people fried cheese or some cheese concoction in oil on Chanuka. Let's say it was some potato-cheese dish. Then someone forgot the cheese and just fried the potato. The following year, people remembered the potato but forgot that the cheese was the real minhag. Voila! Potato latkes. Maybethere is a similar scenario for Sufganiyot.

As far as festive meals in general... Shulchan Aruch states that a Chanuka meal is not, per se, a Seudat Mitzva (as is Purim's), but one can make it so by singing songs of praise to G-d for the miracles of Chanuka.

Chanuka from the Torah, from where?

Vayikra 23 deals with the holy days of the year. It presents Shabbat, Pesach, the Omer, Shavuot, Rosh HaShana Yom Kippur and Succot, the full cycle of Jewish holidays. Chapter 24 continues with the command to take pure olive oil and light the Menora in the Mikdash. Officially, this mitzva is unrelated to its neighbor-chapteron Festivals. However, one cannot help but view this command as an extension of the text on the holidays. As such, it provides a beautiful presentation of Chanuka, as if to say: make another 8-day holiday (like Succot, its immediate predecessor), you - the People of Israel, take for yourselves pure olive oil, and lighta candle (note the singular, appropriate for the mitzva of Chanuka)... this shall be a law forever, throughout the generations (even when the Temple does not stand). On the Menora you shall arrange the candles... (Note the plural, as would be appropriate for the Hidur Mitzva.)

Bamidbar 7 deals with the dedication of the Mishkan and the gifts, on that occasion, of the leaders of the 12 Tribes. This long chapter (longest in the Torah) is followed by the command to Aharon to tend to the Menora. Again the commentaries ask about the juxtaposition of these two topics. Ramban and others see a hiddenreference to Chanuka. Side by side with the dedication of the Sanctuary is the kindling of the Menora by the Kohen Gadol. This is an apt description of the Chanuka story. Furthermore, there are 8 words in the portion of the Menora that have to do with lighting & candles.

In the opening verses of the Torah, there is a description of "...and darkness was on the face of the void". The Midrash says that the darkness represents the evil Greek Empire. The original darkness was dispelled by the creation of Light. The work "Light" is the 25th word of the Torah. The Light of the 25th (of Kislev)was destined to dispel the darkness of Greek oppression in the time of the Chashmona'im

In Bamidbar 33, the Torah lists the many places of encampment following the Exodus. The 25th resting place (Chanu-Ka"H) was Chashmona.

In B'reishit 32, the Torah tells us of the struggle between Yaakov and "a man" (guardian angel of Eisav? Prototype of those who attempt to oppress us). This battle occurred when Yaakov sought (and found) a flask of oil (so says Rashi). Following the battle, the Torah says: "Vayizrach Lo HaShemesh" (and the sun shone onhim - it was morning, not to mention deeper meanings). On a "remez" (hint) level, read it as: "And the Shammash (play on words between Sun and the name for the candle that we use to light the Chanuka candles) lit up "LO", spelled Lamed=30 + Vav=6, representing the 36 candles we light during Chanuka. Battle, oil, lighting36 with a Shammash - echoes of the future!

These were but a few of many connections made between Chanuka and the Torah.

A few words about the Calendar

The first candle, this year, is lit on Friday, December 3rd. Back in '94, the first candle was November 27th. That's the "earliest" it's been since 1899. (It will be Nov. 27th again in 2013.) Back in '86, the first candle was on December 26th. That's the latest for the first candle. (It won't be that late again until 2043.)So "Chanuka is early" this year.

Miketz is Shabbat Chanuka almost 90% of the time. That includes 71.4% of the time when it is the only Shabbat Chanuka and 18.4% of time when it shares the honors with Vayeishev (as it is this year).

10.1% of the time - when the first candle is Thursday night, Vayeishev will be the only Shabbat Chanuka.

Note: When we will again have a Sanhedrin, we will return to sanctifying Rosh Chodesh based on eye-witness testimony of the new moon. The cal-stats (calendar statistics) that appear in Torah Tidbits are based on our fixed calendar. As soon as we have a Sanhedrin, all these stats get filed in the "academic only" folder.

Here's the full low-down on Days of the Week for Calendar Dates

The way our calendar works today, most dates have four days of the week on which they can fall, and three days of the week on which they cannot. (The first day of) Rosh HaShana, for example, follows the rule LO AD"U ROSH - it cannot fall on a Sunday, Wednesday, or Friday. Pesach (first day, that is) is LO B'D"U - not onMonday, Wednesday, or Friday. This is the case for all dates from the first of the Adar immediately preceding Nissan all the way through the year to the 29th of Cheshvan. That's 265 days that follow the 4-days-yes-3-days-no rule. In that range of days - 1 Adar (or 1 Adar Sheni) to 29 Cheshvan - there are no variables.

But the day following 29 Cheshvan is sometimes the 30th (usually not) and sometimes the 1st of Kislev. And Some years have a 30th of Kislev (usually yes) and some don't. And some years have a 30-day Adar between Shvat and the "regular" Adar (7 of 19 years), and some don't. These variables produce the following situations:

(1) 30 Cheshvan can fall on only 3 days of the week.

(2) 1-29 Kislev can fall on any of six days of the week.

(3) 30 Kislev can fall on four days of the week.

(4) 1-29 Tevet, 1-30 Shvat, and 1-30 Adar Rishon can fall on any of five days of the week.

That's 265 + 1 + 29 + 1 + 89 = 385 different dates. And that's what there are.

Which Jewish months have 29 days? They all do!

IT'S LIKE CHECKING YOUR MEZUZA

(unfortunately, this "editorial" from last year is appropriate this year)

It is well known - whether one "believes" in it or not - that people check their Mezuzot after something bad happens. There are many stories of defects being found in a Mezuza - sometimes the particular p'sul even relates to the specific tragedy which prompted the Mezuza check.

But that's not the topic of this piece. It's just the springboard. We have not had much rainfall yet this season. For two weeks or so, many shuls and individuals have been adding the prayer for ATZIRAT G'SHAMIM in the weekday Amida. It is long overdue that we each as individuals and we all as a community do some serious checking of a lot more than our Mezuzot.

Twice daily we say the Sh'ma. The second passage states clearly that if we listen to G-d's Mitzvot and do them... then He will give us boutiful rainfall in its time. If we become unfaithful to G-d, then He will hold back the heavens and there won't be rain, and the earth will not provide its yield, and we will be lost...

This is not the only statement of G-d's conditions for blessing us. The connection between our performance of Mitzvot, our faithfulness in our relationship with G-d and His Divine protection for us against our enemies, His blessings for us, our families, our livelihood, the continued existence of His People in the LandofIsrael. It's a deal. And we do not always live up to our side of the deal. So let's check our Mitzvot. Let's start with davening. Not because it is the most important, but because it is directly to the point. Is our davening just lip service, or is it Avoda She'balev, service of the heart? When we say that G-d is the WeatherMaker, do we mean it? Do we say the words so devoutly that G-d will "sit up and take notice", so to speak. And when we ask for rain, do we really, really want it? And when we ask for forgiveness and the Ingathering of the Exiles and for G-d to return and rebuild Yerushalayim and the restoration of the Beit HaMikdash andits service? And when we ask for peace? Do we really mean it? Do we really want it?

And let's not just check davening and brachot. What about Shabbat and Chagim and Tzedaka and G'milut Chasadim? And what about all the prohibitions? Are we careful about Lashon Ha'Ra and embarrassing others? And what's our attitude towards others with different religious standards or lack thereof?

There is no easy way about this. We've got to take serious inventory and then come up with a workable plan for improving overselves and our society. We have to spread the message of Torah and Eretz Yisrael among ourselves and to our fellow Jews, wherever they are and on what ever level they, or we, are on.

A CHANUKA SDT - The Gemara tells us that when Adam HaRishon realized that the day getting shorter and shorter during the winter, he feared that he had caused the diminishing of the day - due to his having eaten from the tree of Knowledge of Good & Evil - which would continue until the world would be destroyed. When thedays began to get longer, he realized that the world was not being destroyed and he celebrated with a Festival of Light. A forerunner of Chanuka, perhaps?

The Other Kind of Lesson

The Gemara in SHABBAT says in the name of Rava b. M'chasya and Rav Chama b. Gurya, in the name of Rav: Never shall a person favor one child among his children, for because of two measures of cloth that Yaakov gave to Yosef more than his other sons, they became jealous of him, things snowballed, and our ancestors ended upinEgypt.

Whatever Yaakov's reasons were for giving Yosef the K'TONET PASIM, the Gemara (and Rambam) says that by doing so, jealousy between Yosef and his brothers was kindled, and ultimately led to our enslavement and imprisonment in Egypt.

Parents (and grandparents) must be super-sensitive to the potential tension they can inadvertently cause between siblings by their "playing favorites". And this does not mean that gifts have to be identical, etc. It means that each child should get an equal share of the parents' time, attention, and affection. And thatismuch harder than making sure the material gifts are equivalent.

This is the other kind of lesson we can learn from the Avot. It is not the "be hospitable like Avraham and Sara". It is "don't make the same mistake that Yaakov Avinu made." His actions resulted in devastating consequences for himself, his children, and all his descendants. The Gemara is saying that the jealousy caused by Yaakov brought about the sale of Yosef. And that brought us down to Egypt. Midrash P'li'a says: G-d said to the people of Israel - You sold Yosef into slavery! I swear by your lives that every year you will say - we were slaves to Par'o in Egypt. Powerful lessons come in two flavors - positive and negative. And we must learn from both.

Shabbat Parshat Vayeishev • Shabbat Ne'edarei Zahal

Because it contains the episode of Yosef's captivity, Shabbat Parshat Vayeishev has been designated as an awareness Shabbat for Israel's missing soldiers, whose whereabouts and conditions are unknown for these past 13 to 17 years. Much of the material in this Pull-Out is not new. Unfortunately, it is still applicable. Itwould be nice to put this page into some time-capsule shoebox in which you keep interesting things to show your grandchildren some day.

As long as the Arads and the Baumels and the Feldmans and the Katzes and their families and friends continue to agonize over the fate of their sons, then we all share in their agony. This Pull-Out contains different ways we can keep Israel's missing soldiers in our prayers. Women - when you are saying your special prayersafter lighting, say the extra Y'HI RATZON below, or at least a few words of your own. Fathers - when you bless your children, add a special prayer for Israel's missing soldiers. Shul Goers - when the Gabbai says the MI SHEBEIRACH for IDF, hand him a copy of the special MI SHEBEIRACH...

Redemption of captives takes precedence over the giving of money and clothing to the needy. There is no mitzva as great as the redemption of captives. Any monies gathered for any other purpose or mitzva are to be transferred over to the purpose of redemption of captives. Even if monies were raised for the building of theBeit HaMikdash; even if wood and stones were brought and prepared for the building - which are generally forbidden to be used for any other mitzva or purpose - they are sold in order to redeem captives. - Shulchan Aruch, Yoreh Dei'ah 252:1

Ron Arad - captured: October 16, '86 - born: May 5, '58

Ron's daughter Yuval was only a year and a half old when her father was captured. Tami, his wife, and his family and friends work ceaselessly here and abroad for his release. Ron was an honor student in Chemical Engineering at the Technion. At the time of his capture, he was in the middle of building the family home inGiv'at Eilah. The house was completed in the summer of '94; it will be inhabited, IY"H, only upon his return.

Zachary Baumel - captured: June 11, '82 - born: November 17, '60

Born in the USA, came on Aliya with his family when he was 10. Hesdernik at Har Etzion, he was at the end of his service when the war started. He was planning on studying Psychology at Hebrew U. The family is still hopeful that one day they will be able to intoduce Zack to the nieces and nephews he has never met. The Baumelstirelessly pursue all possible leads as to the fate of the boys, and work hard to arouse public interest.

Yehuda Katz - captured: June 11, '82 - born: July 18, '59

In his dreams, Yosef Katz sees waves of dancing people. Suddenly, Yehuda appears and is carried aloft on the shoulders of the dancers. This recurring dream reinforces his belief that his son is still alive. A gifted student at Keren b'Yavneh, he inspired others with his warm smile and demeanor. The Katz family has traveledaround the world in search of news of their son.

Tzvi Feldman - captured: June 11, '82 - born: December 29, '56

Tzvika is named for his paternal grandfather who was killed in the Holocaust. As firstborn child, he was the sign to his family that the horrors of World War II did not succeed in wiping out the family name. Tzvi shouldered some of the responsibility for seeing his family through difficult times by working as a hiking andcamping guide for high school students. His mother Penina counts the days and nights since he went missing. "Holidays and Shabbatot, birthdays and family occasions are celebrated with sadness for us." She adds, "I believe that hope is not in vain. We endure today for the day when we will see him again. The government andnation must continue to believe, because if they forget our son then they can forget others as well."

UPDATE: The following information was downloaded from the ICMIS website.

In October '99, after a year of lobbying by ICMIS representatives, the US Congress approved a bill to locate and secure the return of Zachary Baumel, an American citizen, and other Israeli soldiers missing in action. The measure which passed unanimously in the House of Representatives and in the Senate, mandates that theU.S. State Department raise the matter "on an urgent basis," and subsequently report back to Congress on its efforts. The bill also states that American decisions about "economic and other forms of assistance" to Syria, Lebanon, the Palestinian Authority, and other governments in the region "should take into considerationthe willingness of these governments and authorities to assist in locating and securing the return of the soldiers."

October 26, '99

U.S. Congress approved a bill H.R. 1175 to locate and secure the return of Zachary Baumel, a U.S. citizen and other IDF soldiers missing in action. The measure passed by a vote 0f 421-0 conditions American aid to Syria, Lebanon, the Palestinian Authority, and other governments in the region on their willingness to "assistin locating and securing the return of the soldiers."

November 8, '99

President William Jefferson Clinton, signs H.R.1175, "To locate and secure the return of Zachary Baumel, a United States citizen, and other Israeli soldiers missing in action." Thus making H.R. 1175 binding according to the law of the country of the United States.

The following article by Nitzan Horowitz, Ha’aretz correspondent appeared in the November 10th English language edition of the Israeli newspaper Ha’aretz and on the Ha’aretz website.

NOVEMBER 10, '99, WASHINGTON - A U.S. law intended to help find and bring back Israeli soldiers missing in action went into effect Monday... The new law forces the administration to raise the issue of Israel's MIAs in all of its contacts with Syria, Lebanon and the Palestinian Authority, and with any other entity in thearea that could contribute to the effort of bringing back the MIAs... Secretary of State Madeline Albright will report to the foreign affairs committees of the Senate and the House of Representatives on her consultations regarding the MIAs and on changes in policy towards those countries based on their cooperation. Herfirst report must be submitted within 90 days. The administration must also report to Congress about any new information or diplomatic effort within 15 days. The report will also be released to the public.

When the law was passed by Congress, about three months ago, Zachary Baumel’s father, Yona, wrote Prime Minister Ehud Barak and Likud Chair Ariel Sharon to complain that Congress was doing more to find the MIAs than the Knesset. "The continued talks with the Palestinians and the Syrians must be conditioned upon the releaseof POWs," he wrote.

Of course, continued lobbying and political pressure are needed to ensure that Congress and the State Department enforce the provisions of the MIA law. We must also continue to be vigilant and alert to ensure that the fate of our missing soldiers is an integral part of any negotiations and agreements between Israel andits neighbors.

The International Coalition for Missing Israeli Soldiers (ICMIS)

6 Betzalel St., P.O.B. 32380, J'lem • tel. (02) 623-6083 • fax: (02) 623-3864 • www.mia.org.il

THE JERUSALEM INSTITUTE OF JEWISH LAW - Rabbi Emanuel Quint, Dean

Lesson #17: Emergency Jurisdiction of the Courts (part 3 of 3)

We continue with the emergency jurisdiction of the Beth Din, that is, may Beth Din in times of exigency do things that it cannot do in normal times?

After citing a few more cases, this lesson sets forth some of the conclusions in this area.

Rabbi Ephraim b. Yaakov ha-Kohen (Shaar Ephrayim responsum 72, Vilna, 1616-1678) had the following case to decide. After the marriage negotiations had been completed, Reuven, the groom declared that he would not go through with the marriage. The bride’s father appealed to the authorities who placed Reuven under a ban forbiddingother women in the area from marrying him. After the bride married someone else, Reuven appealed the ban. He explained that his parents died when he was young and that he lived with foster parents and they objected to the marriage. Rabbi Ephraim decided in Reuven’s favor and released him from the ban. He based his decisionon the fact that this was not a usual practice to renege on the marriage arrangements and there was therefore no emergency situation to cover an isolated incident. This last statement put him in direct conflict with many great authorities who hold that even where the majority of the people are not dissolute, but this individualis, he may be dealt with by the emergency powers of the Beth Din.

Rabbi Reischer (Shevuth Yaakov, part 1, response 145, Prague, 1670-1733) rejected the limited rule of Rabbi Ephraim. Zevulun hired Naftali to testify falsely in Zevulun’s favor. Zevulun now sued Naftali to retrieve the money because Naftali did not testify falsely as he was paid to do. Naftali admitted all of the factsas stated by Zevulun. Rabbi Reischer held that the fact that this is not a prevalent practice did not preclude the Beth Din from exercising emergency jurisdiction and dismissing the case against Naftali. Zevulun’s lawsuit was dismissed, because if Zevulun were permitted to sue after hiring a witness to testify falsely,it might be emulated by others.

Can a community exercise emergency jurisdiction?

Rashba (Rabbi Solomon b. Adret, vol. 1, responsum 729, Spain, 1245-1310) was asked to decide the following case. Moshe, a citizen of Saragossa, Spain donated a vineyard to be used to support the poor. He also donated 35 gold pieces for the purpose of purchasing real property, the produce of which was to go to the upkeepof the poor. The trustees of the property were to be one of Moshe’s relatives and a city official. There was a stipulation in the trust that it could not be amended. In conformity with the trust, the 35 gold pieces were used to purchase real estate next to Isaac’s real estate. Isaac prevailed upon the leaders of the cityto exchange Isaac’s property for the trust property. After the exchange, Isaac built a house on the exchanged property. A relative of Moshe went to Beth Din to cancel the exchange. Isaac produced a document that the leaders of the city approved the exchange. Rashba held that since the trust provided that it could not bechanged, the change was illegal even under emergency powers that a city may sometimes wield. Had it not been for the stipulation prohibiting the exchange, the city could have exercised emergency powers to exchange the real estate.

The city of Loratossa, Spain enacted a decree that no man could betroth a woman without the knowledge of the city’s trustees. If any man did do so, the betrothal was void from the outset. Ribash (Rabbi Isaac b. Sheshet, responsum 251, Spain, North Africa, 1326-1408) was called upon to decide if the decree was valid. Heheld that while ordinarily the city has emergency powers to enact such decrees, in the present case it may lead to children rendered “mamzerim” should he permit it. He held that the emergency jurisdiction of the city did not extend to this decree.

In another case that came before Ribash, (responsum 477) the cantor of a community claimed exemption from paying taxes since he was a religious functionary and also exemption from a special assessment to pay off the city’s debt which was incurred prior to the cantor moving to the community. Ribash held that the cantor wasexempt from taxes. As for the special assessment, he held that the city can pass such emergency measures. In this case, the cantor moved into the community not aware of the special assessment. Ribash held he can remain and pay the taxes or he can leave the community and not have to pay the special assessment.

Maharik (Rabbi Joseph Kolon, responsum 1, Italy, 1410-1480) was asked to decide the following case. The Beth Din of Vitsberg decreed that if any of its citizens were involved in a law suit the case would be held in the Beth Din of Vitsberg. A citizen of Vitsberg sued David, who was not citizen of Vitsberg. David wantedthe trial held elsewhere. Maharik held that the city of Vitsberg could not make any emergency decree limiting the defendant’s right to select where the trial should be held. The change of venue is always up to the defendant and this cannot be abrogated by any decree even under the guise of an emergency.

After reading the cases of this lesson, as well as the cases of the two previous lessons, as well as many, many cases not cited in these lessons, and after studying the codes and commentaries discussing this subject, one can extrapolate certain rules, as follows.

Rule 1. In exigency situations the Beth Din of non-ordained judges may exercise jurisdiction over all types of cases. It may impose fines, and all modes of corporeal punishment. There is a difference of opinion if a Beth Din of non-ordained judges can impose the death penalty.

Rule 2. Each Beth Din must examine for itself if an exigency situation exists in its community.

Rule 3. The Beth Din may impose such penalties even if there is not the quality and quantity of evidence ordinarily required in such cases.

Rule 4. An individual should not exercise emergency jurisdiction unless he is the greatest in wisdom in his generation.

Rule 5. Representatives of a community may enact emergency regulations, if doing so, does not benefit certain groups at the expense of other groups.

Rule 6. In exercising such jurisdiction the Beth Din my employ the services of non-Jews to carry out its edicts.

Rule 7. The Beth Din is authorized to impose a monetary fine in place of a flogging.

The third of Tevet is a unique date on the Jewish Calendar. It might be the only day on which we sometimes say Hallel and sometimes not. And when we don't, we say Tachanun. This is because Kislev usually has 30 days, in which case 3 Tevet is the day after Chanuka (as it is this year), and 25.5% of the time, Kislev onlyhas 29 days. In those years, 3 Tevet is ZOT CHANUKA, the 8th day. JTYLTK

Dear Torah Tidbit Reader,

WE NEED YOUR HELP!

Many of you are aware of the campaign we began around Rosh Hashana to raise funds to air condition our auditorium. We are immensely grateful to those of you who have so generously donated and we are happy to announce that we are close to half way there. We still have a way to go though and are therefore appealing to youto help us reach our goal.

Due to the size of the room and the need for extensive rewiring, the cost is estimated to be about $30,000.

We are planning to designate the MIZRACH wall of the auditorium as a Dedication Wall - one part in honor of, and the other part in memory of loved ones. It is our hope that the learning from the many shiurim in that very room will be a merit for our generous donors and the people inscribed. The prominent display in a roomwhere many esteemed rabbis speak and where hundreds of people pass through each day, is a fitting tribute.

We are requesting donations of $500 per plaque (of course, smaller amounts will be greatly appreciated too), as the cost is considerable and we don't want to find ourselves in a situation where only part of the money has been raised.

THANK YOU VERY MUCH!

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If you would like to contribute towards our Air-Conditioning Fund, please email us at philch@barak-online.net and include your address and phone number so we can be in touch with you.