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ASK THE REBBE from the virtual desk of the OU Vebbe Rebbe
The Orthodox Union – via its website – fields questions of all types in the areas of kashrut, Jewish law and values. Some of the questions are answered by Eretz Hemdah, the Institute for Advanced Jewish Studies, Jerusalem, founded by HaRav Shaul Yisraeli, zt"l to prepare rabbanim and dayanim to serve the National Religiouscommunityin Israel and abroad. The Ask the Rabbi project is a joint venture of the OU, Yerushalayim Network, Eretz Hemdah... and the Israel Center. The following is a Q&A from Eretz Hemdah...

Question: I am machmir (stringent) on the great mitzva of tzitzis, and, therefore, sleep with them on. Should I make a bracha on them in the morning, as I am not putting them on anew?
Answer: First, realize that many stringencies cause more halachic problems than they solve. You’ll see the application as we go on.

The gemara (Menachot 43a) indicates that if one is obligated to wear tzitzit at night, then he does not make a bracha in the morning unless he puts on a new garment which requires tzitzit (for convenience, I will call the garment, tzitzit, although this is a common misnomer). There are different opinions as to whether a day garment is obligated in tzitzit at night. According to the opinion that it is exempt at night, the new obligation which begins in the morning brings along a new bracha, as well. The Shulchan Aruch 8:16 rules that one who sleeps in tzitzit makes a bracha in the morning (compare to his ruling in 18:1; see Aruch Hashulchan 8:23). Since we do not reject the opinion of the Rosh who requires tzitzit on day clothing at night, several major poskim take issue with the Shulchan Aruch’s ruling, and the Mishna Berurah (8:42) concludes that, because of the doubt, one should not make the bracha.

The best advice is to have in mind, when making the bracha on the talit, to have the bracha apply to the tzitzit as well (Magen Avraham 8:21). One who does not wear a talit will, out of doubt, have to refrain from the bracha. Notice that if the Shulchan Aruch is correct, one who wears tzitzit all night is prevented from making a bracha he should make and does not even fulfill a mitzva by wearing them.

Another problem with keeping tzitzit on all night is that some authorities raised questions as to whether wearing them while sleeping compromises the tzitzit’s dignity. We are lenient on the matter (Rama 21:3), but it is not clear that one shows greater respect for the mitzva of tzitzit by keeping them on (see also Aruch Hashulchan, 21:6). The Mishna Berurah does cite that the Ari z"l advocated sleeping in tzitzit for kabalistic reasons, but Sha’arei Teshuva 8:1 infers from earlier authorities that this was not the normal practice. We do not usually suggest to regular people to adopt kabbalastic practices which classical halacha does not favor.

“Ask the Rabbi” Q&A is part of Hemdat Yamim, the weekly parsha sheet published by Eretz Hemdah. You can read this section or the entire Hemdat Yamim at www.ou.org or www.eretzhemdah.org. If you would like to receive Hemdat Yamim by email, on a weekly basis, please send an email to lists@eretzhemdah.org with the message:Join Hemdatya - Please leave the subject blank.

Hasidic Wisdom, from the book by Simcha Raz (Elkins/Elkins)

People are not to blame for the fact that they sin. Indeed, they withstand great temptation though their strength is negligible.
They are, however, to blame for the fact that they do not repent their evil ways, because they always have the ability to do so.
- Rabbi Simcha Bunam of Pshis'cha

Faith and security were given hand in hand. The faithful are secure. And those who are insecure - it is surely a sign that they lack faith.
- Rabbi Aharon of Starosoli

I wish that people would avoid sin not because it is forbidden, but because they do not have the free time to waste on sin.
- Rabbi Menachem Mendel of Kotzk


Rite and Reason by Shmuel Pinchas Gelbard

Lot of material for the Yamim Nora'im, so we'll start now...
Concerning the four additions to the Amida during the Aseret Y'mei T'shuva (Zachreinu, Mi Chamocha, U'chtov, B'sefer Chayim), there are different practices about which, if any, the congregation says aloud before the Chazan during the repetition of the Amida.

REASON Some (many) congregations say all four sentences. Others say U'ch'tov and B'sefer, but not Zachreinu - because it is a "minor" request compared to the last two. Nor do they say Mi Chamocha, because it is description and praise of G-d but not a request. [The minhag of the GR"A is that only the Chazan says these additions to the Amida during the repetition. The congregation has already said them during their Amida. The repetition is the Chazan's Amida and only he says it. The congregation responds with Amen, K'dusha, Modim... and that't all.]

It is a widely accepted custom to eat apple dipped in honey on Rosh HaShana, and to recite: May it be Your will that You renew for us a good and sweet year.

REASON The apple is a mystical allusion to the "field of apples", which is a reference to Gan Eiden.

REASON We dip the apple in honey in accord with the pasuk: There He established statutes and judgments (Shmot 15:25), which is immediately followed by: And the waters became sweet. Rosh HaShana is the Day of Judgment. And in the Prophets (Shmuel Alef 25:38) it is written: And it was during the ten days that HaShem smote Naval and he died. The Gemara says that this refers to the Aseret Y'mei T'shuva. In the same chapter (concerning Naval) it says: And 100 clusters of raisins and 200 cakes of figs. In T'hilim 19:10 it says: The judgments of HaShem are true. And next to that pasuk it says: And they are sweeter than honey. Nechemya 8:10 says: Eat fat foods and drink sweet drinks. This refers to Rosh HaShana.

G'MATRIYA MATCH
SOM TASIM ALECHA MELECH (from Dvarim 17:15) is the command to appoint a king over us. This command is preceded by an implied warning, that our request for a king will be because all the nations around us have kings. T'hilim 106 describes G-d's faithfulness to His covenant with us, and them continues to describe our repeated betrayal of G-d. Part of that account is pasuk 35 which states that we mingled with the other nations (through intermarriage) and learned from their deeds. T'hilim 106:35 echoes the warning for SOM TASIM, and is a G'matriya Match for the above phrase from Dv 17:15. 

G'MATRIYA MATCH
TZEDEK TZEDEK TIRDOF L'MAAN TICHYEH V'YARASHTA ET HA'ARETZ ASHER HASHEM ELOKECHA NOTEIN LACH (Dvarim 16:20)
These searches for G'matriya Twins are done with Torah Education Software's Torah Codes 2000 (CD). I select a pasuk, part of a pasuk, or a word and paste it into the G'matriya Lookup. The results can be a word, a phrase, or a whole pasuk, at the choice of the user. Sometimes, the results hit you hard with a strong MUSSAR message. The above pasuk tells us that the just pursuit of justice will result in our living in and holding onto Eretz Yisrael. Our failure to pursue justice results, G-d forbid, in the fulfillment of the Tochacha of Ki Tavo, as described in D'varim 28:25 (for example), a GT of the above pasuk.

SDT
One of the unusual rules concerning EIDIM ZOM'MIM is that they are liable to a death penalty only if their intended victim was not yet executed by the court based on their testimony. If he was executed, then we don't give the plotting witnesses a death penaly. The Gemara tells us that the Tzidokim held exactly the opposite. If their plot succeeded, then we kill the witnesses. This is a literal application of an eye for an eye... a soul for a soul. That might more logical, but it is not the halacha. Without trying to understand it, we must realize that our Torah is an inseparable combination of Written Word and Oral Law.

SDT
Tamim T'h'ye Im HaShem Elokeicha - the command (and challenge) to be Tamim is even when no one else but G-d can see you. - Alshich 

SDT
Do not bend justice... do not take bribes... (Dvarim 16:19). A bribe leads to bending justice... in more ways than one. Take the word SHOCHAD, SHIN-CHET-DALET. Make a new word by taking the following letter of each letter from SHOCHAD. TAV after SHIN, TET after CHET, HEI after DALET. TATEH, to bend, as in LO TATEH MISHPAT... 

SDT
If one enthusiastically gives Tzedaka then it is considered as if he gave twice as much as he actually did. This, says the Chida, is hinted at by the pasuk TZEDEK TZEDEK TIRDOF - if you run after the mitzva of giving Tzedaka (tirdof), then it is considered as double.

From the Desk of the Director

Parshat Shoftim introduces us to the necessary qualities that a Jewish judge should display. Among the directives given is the negative command: “You should not accept a bribe, for the bribe will blind the eyes of the wise and make just words crooked.”

One is reminded of the Gemara (Makkot 23b) in which the rabbis discuss King David’s succinct description of what constitutes an upright individual (Psalm 15). Included is the notion that such a person would not accept “a bribe against the innocent.” A bribe for the guilty, we can understand, but what is a bribe against the innocent? The Gemara gives us a clue by citing Rabbi Yishmael ben Yossi as the prototype of one who refrained from accepting such a bribe (cf. Ketubot 105b).

The story is as follows: Rabbi Yishmael’s farmer tenant, who used to bring him a present of fruit every Friday, brought it to him on a Thursday since he was anyway passing by on his way to court. It was also on that day that R. Yishmael was to try the farmer! The tenant, however, was known by the rabbi to be innocent and had not brought the present as a bribe. 

The fruit was, in a sense, the rabbi’s to take; nevertheless, he did not accept the fruit basket nor did he agree to try the case. In his commentary, the Maharsha points to this trait of Rabbi Yishmael’s as one that is well worth emulating: The judge, it seems, wanted to be innocent and remain that way – both in the eyes of G-d and in the eyes of man. 

Sincerely yours, Menachem Persoff, Director, Israel Center


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