TT 439
SHABBAT PARSHAT HAAZINU - SHABBAT SHUVA
YOM KIPPUR
8-10 TISHREI 5761 - October 6-9, '00
HALACHIC TIMES FOR JERUSALEM
(SHA'ON CHOREF, a.k.a. Standard Time)
Please note that Israel went off Summer Time on Friday, October 6th. As long as the States (for example) is still on Daylight Savings Time, Israel will be only 6 hours ahead of New York (may the Mets lose to the Giants) and 9 hours ahead of San Francisco (may the Giants beat everyone and win the World Series).
Correct for TT439. Ranges are THU to THU, 6-13 Tishrei (OCT 5-12)
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 for Shabbat - 4:42pm
Havdala for Shabbat - 5:54pm (Rabbeinu Tam - 6:33pm)
Earliest Shacharit • 4:31-4:36am
Sunrise • 5:31-5:36am (5:36-5:41am)
Sof Z'man Kri'at Sh'ma • 8:29-8:30am (7:44-7:46am)
Sof Z'man Shacharit • 9:28-9:28am (8:58-8:59am)
Chatzot (halachic noon) • 11:27-11:25½am
Mincha Gedola (earliest Mincha) • 11:58-11:56pm
Plag Mincha • 4:10-4:02pm
Sunset • 5:23-5:15pm (5:18-5:10pm)
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...
KIDDUSH L'VANA - Molad was early afternoon of Thursday before Rosh HaShana. Those who say KL after 3 days after the Molad, said it on Motza'ei RH, Sunday night, unless they waited until after Tzom Gedaliya. 7-day after the Molad people can say KL from Thursday night, October 5th. Motza'ei Shabbat people can say it this Motza'ei Shabbat Shuva. But many, many (most?) people have the custom of waiting until Motza'ei Yom Kippur, so that they can follow YK immediately with a mitzva. That's the deal.
More on 5761... In last week's column, it was pointed out that 5761 has a Shabbat Sukkot and a Motza'ei Shabbat Pesdach Seder. The former is a 28.6% occurrence. (4 of the 14 types of years begin on Shabbat.) The former happens 11.5% of the time. (3 of the 14 different years have a Sunday to Shabbat Pesach.) Both occur only in a PEI-ZAYIN-SHIN year (which 5761 is). It occurs with an average frequency of 4.3%. What makes these two factors interesting when occurring together, is that 5761 is a rare year that has no Shabbat Chol HaMoed. The last time this happened was 5737 - 24 years ago. The next time it is scheduled to happen is 5781 - 20 years from now.
Shabbat Shuva
When Rosh HaShana is Monday-Tuseday or Tuesday-Wednesday, then there will be a Shabbat between Yom Kippur and Sukkot. In such cases, Nitzavim and Vayeilech will be separated, and we will read Vayeilech on Shabbat Shuva. Ha'azinu is read on the Shabbat between Yom Kippur and Sukkot. That happens in 39.5% of years. More often, 60.5% of the time, Rosh HaShana falls on Shabbat-Sunday (as it did last year, 5760, and does this year, 5761) or on Thursday-Friday. When this happens, there is no Shabbat between Yom Kippur and Sukkot, Nitzavim and Vayeilech are combined, and Shabbat Shuva is Ha'azinu. In other words, Ha'azinu is always juxtaposed to Yom Kippur, being read either on the previous Shabbat or the following Shabbat.
Today is the first day...
Our Sages point out the significance of their being exactly seven days between Rosh HaShana and Yom Kippur, exclusive. It means that there is one Sunday, one Monday, one Tuesday... and one Shabbat. And these unique days become the templates, if you will, for their counterparts throughout the coming year. The Wednesday of Aseret Y'mei T'shuva (the Ten Days of Repentance) is the prototype for all the Wednesdays of 5761. Same for the other days of the week. The concept of a Tuesday being a template or model for future Tuesdays might not be that significant, but for Shabbat there is great significance.
You know the saying. Today is the first day of the rest of your life. Well, Shabbat Shuva is the first Shabbat of the rest of your year. And that presents a challenge. Use Shabbat Shuva to help make all your Shabbats better and more special than they have been in the past, for you and your whole family.
Do you cut corners with the basic laws of Shabbat? Do you do things on Shabbat that you know you really should not be doing, but they seem trivial to you? If so, Shabbat Shuva is there for you. Take things slow, but make some forward progress. Decide not to turn lights on and off this one Shabbat. Then see if you can keep it going for one more Shabbat. And another.
That was just an example. Let's say that you are Shomer Shabbat. And the answer to the question about cutting corners is NO. You keep the Shabbat. You abstain from all manner of Melacha, including all the Rabbinic restrictions as well. Nice. But do you REALLY keep Shabbat the way it should be kept? And honor it? And enjoy it? How do you spend your "free" time on Shabbat? Do you have quality time with your family? Do you invite guests regularly? Do you learn Torah and sing Zemirot at the table? Are your discussions at the table on a level that honors the Shabbat, or is it about baseball, the stock market, shopping, and the like? Napping is good, but is that all there is? How about a leisurely walk with your spouse and/children? A family review of Parshat HaShavua?
And what about the preparation for Shabbat? Is the day before Shabbat, Friday or Erev Shabbat, if you follow the difference. The same thing goes for Saturday night or Motza'ei Shabbat. Which is yours?
Shabbat Shuva is the Shabbat between Rosh HaShana and Yom Kippur. It's a one of a kind. We each have our own davening and thinking agendas for Rosh HaShana and Yom Kipur themselves. But the Shabbat between them is a "regular" Shabbat. And that's the challenge. People usually succeed in having a special and meaningful Rosh HaShana and Yom Kippur. But those special days come once a year. Shabbat is every single week. Use this first one to raise your TSO (total Shabbat observance) a couple of notches. Then work on maintaining and improving on honoring and enjoying the most special and precious of days - Shabbat.
Torah is repeatedly compared to water. In the beginning of Haazinu, the teachings of the Written Word, Oral Law, and Tradition are variously likened to dew, mist, gentle rain, and downpours. Each of us is different. Some can grow religiously and spiritually by leaps and bounds. Most go step by step, a little at a time. That's what Moshe Rabeinu is telling us. Wherever you are holding, as they say, whatever kind of Jew and person you are, the Yamim Nora'im, Aseret Y'mei T'shuva, and Shabbat Shuva are at your service to help you out with your self-improvement plan. Use them well and wisely.
Shana Tova to you all.
HAAZINU
SEDRA STATS
53rd of the 54 sedras; 10th of 11 in D'varim
3 Parshiyot; all open
52 p'sukim - ranks 51st (8th in D'varim)
614 words - ranks 52nd (9th)
2326 letters - ranks 52nd (9th)
On average, Haazinu p'sukim are among the shortest in the Torah
MITZVOT
The Chinuch does not count any mitzvot in Ha'azinu; the Rambam counts one - YAYIN NESECH. This is the only mitzva on Rambam's list that the Chinuch did not count
A few words about the unusual layout of Haazinu in a Sefer Torah:
Most Sifrei Torah are written with columns of 42 lines each. The column containing the beginning of Haazinu has the last 6 lines of Vayeilech, from the word V'A'I'DA.
This is one of only 6 columns whose first word is set by Tradition. The mnemonic acronym B'KA SH'MO (BET-YUD-HEI-SHIN-MEM-VAV) indicates the 6 special column- starters. They are: B'REISHIT (obviously), YEHUDA from parshat Vay'chi, HABA'IM from B'shalach (heading the unusual Az Yashir column), SH'MOR L'CHA from Ki Tisa (right after the reading for Fast Days), MA TOVU from Balak, and V'A'I'DA in Vayeilech. (There are variant traditions for some of these.)
Again, the first 6 lines of the column belong to Vayeilech. Then a line is left blank. The remaining 35 lines of the column are the first half of the "song" part of Haazinu, with each line written in two parts with a space between them. The second column begins with the 35 lines of the second half of the "song", followed by a blank line and 6 "regular" lines of Torah text. Haazinu concludes on the following column (approx. 14 lines).
Side note: Sifrei Torah today are much more similar to each other than in the past. This is so because most are copied from the same model.
Aliya-by-Aliya Sedra Summary
KOHEN - First Aliya - 6 p'sukim (32:1-6)
Moshe Rabeinu begins his farewell "song" to the People by calling upon the heavens and the earth to be witnesses to what he will be saying. He asks the people (in a very poetic way) to listen well to his words. Moshe tells us that G-d is completely fair and just; it is we who are responsible for "messing things up".
"When I (singluar) call G-d's Name, you (plural, minimum 2) praise G-d for His Greatness." From this pasuk we learn that when three people eat together, one calls to the other two to "bless G-d" - BIRKAT HAZIMUN (benching m'zuman). We also learn from this pasuk that we answer BARUCH HU U'VARUCH SH'MO when we hear G-d's name in a bracha (unless there is a halachic reason for not "interrupting"). From here, says the Gemara, we learn the mitzva of saying a bracha before learning Torah. (It is also derived logically from Birkat HaMazon.) Others learn from here (together with its context) that we should pray to G-d when there is a lack of rain. And, that we have brachot for different kinds of foods, rather than one catch-all bracha. This versatile pasuk is used to introduce the Musaf, Mincha, and Ne'ila Amida.
The Baal HaTurim notes that the numeric value of HASHAMAYIM VA'ADABEIRA (let the HEAVENS hear AND I WILL SPEAK) is 5+300+40+10+40 = 395 and 6+1+4+2+200+5 = 218. 395+218 = 613, as if Moshe was saying "Listen to the 613 mitzvot."
LEVI - Second Aliya - 6 p'sukim (32:7-12)
Moshe asks us once again to remember the "early history" of this unique nation of Israel and the special ancestors who established for us our close relationship with G-d.
There is no generation gap in real Jewish life; the older generation teaches the new one, the new generation gains by asking questions of their elders and learning from them.
G-d structured the world in parallel to the developing nation of Israel, and granted us special protection and guidance - "like an eagle protects its young..."
Rashi mentions several ways that eagles behave towards their offspring for their benefit. Apparently, eagles are extremely protective, and additionally, they do many things meant to prepare their fledglings for their adult lives, as well. The Torah's analogy is thus very appropriate.
Just as the positive effect of rain is often not immediately apparent, manifesting itself only at a later time - so it is sometimes with Torah.
SH'LISHI - Third Aliya - 6 p'sukim (32:13-18)
Notwithstanding the protection and nurturing that G-d provided us in the Wilderness, we rebelled. This happened and continues to happen. Moshe's words can be seen as a description of Dor HaMidbar as well as being a poetic prophecy of the people becoming too complacent in Eretz Yisrael and abandoning G-d from their positions of opulence and security.
Even from this poetic - essentially non-halachic context, we learn things of a halachic nature. Because the Torah uses the expression: To suckle honey from a rock, we are taught that honey has the status in halacha of a liquid. Because of its unique physical properties, honey might have been considered as a solid food rather than a drink.
R'VI'I - Fourth Aliya - 10 p'sukim (32:19-28)
Much of the content of Haazinu is a poetic formulation of ideas previously presented in the book of D'varim.
Moshe tells us that G-d's reaction to our disloyalty is HESTEIR PANIM - the hiding of "G-d's Face", so to speak.
He also tell us that there have been several times when G-d had wanted to destroy the People of Israel but did not, so as not to give the nations of the world cause to doubt the power of the "G-d of Israel".
The Gemara, in a play on words, tells us that the concept of Hester Panim is personified in Esther, who lived in exile and at a time that G-d chose not to reveal himself in open ways and generally operates through nature.
It is striking how similar are the words of reproach and how different the presentation.
General comment about Haazinu: There are many words in this sedra that appear nowhere else in the Torah (or in the whole Tanach). As a result, there is more than usual speculation among commentators as to the exact meanings of some of the words.
CHAMISHI - Fifth Aliya - 11 p'sukim (32:29-39)
Our challenge is to contemplate the above and understand the many lessons contained in G-d's (and Moshe's) words. The bottom line is that although Israel strays from the proper path, G-d will not abandon us, and He will rally to our side in the face of our enemies. If we would only realize this and appreciate the awesome power of G-d.
MITZVA WATCH
Pasuk 32:38 refers to idolatrous sacrifices and their wine of libation. The Rambam sites this pasuk as the source for the prohibition of YAYIN NESECH, sacramental wine. The Chinuch in cludes this prohibition with the one against benefitting from food consecrated to another religion.
This is the only mitzva that the Rambam counts among the 613 that the Sefer HaChinuch does not. (In order to keep the number 613 in balance, there is one example of vice versa.)
The rabbinic ban on STAM YEINAM (lit. their wine, non-Jewish wine) is partially inspired by this prohibition of Yayin Nesech. There are other factors, such as the limiting of social contact between Jew and non-Jew, a preventative measure to intermarriage, that input into the rabbinic ban of Stam Yeinam.
SHISHI - Sixth Aliya - 4 p'sukim (32:40-43)
In this concluding portion of the song portion of Haazinu, Moshe assures us of G-d's eternal nature and His promise to avenge Israel against the other nations.
The sedra until this point is written (in a Torah scroll) in an unusual manner. This is a Tradition passed down through the generations from scribe to scribe. The only other portion of the Torah to be written differently from the rest of the Torah (and different from Haazinu as well) is the Song of the Sea in B'shalach. Suffice it here to say, that the poetic form of these two Songs leaves room for all sorts of drash and interpretation. The blank spaces are considered to contain hidden mystical messages, sort of like reading between the lines.
SH'V'I - Seventh Aliya - 9 p'sukim (32:44-52)
Moshe, in front of Yehoshua, tells the people to heed the warning of this SHIRA and to keep the Torah, which in turn, will keep them.
An important point that has been oft- repeated in the book of D'varim is this: We did not receive the Land of Israel with "no strings attached". We must always be worthy of holding on to Eretz Yisrael.
G-d then tells Moshe to ascend Har Aravim-Nevo, see the Land from there, and die there, as Aharon had done earlier (the Torah reiterates the reason that both Moshe and Aharon couldn't enter E. Yisrael), rather than enter the Land which the People of Israel will enter.
The last 5 p'sukim are repeated for the Maftir.
HAFTARA - 22 p'sukim 9 from Hoshea 14:2-10 13 from Yoel 2:15-27
Some add other p'sukim - e.g. Micha 7:18-20
The choice of the haftara this time is its being Shabbat Shuva, rather than the usual idea of a connection to the sedra. Yet, given the content of Haazinu, the concept of T'shuva definitely has its connection to the sedra.
SHUVA YISRAEL AD HASHEM... These opening words of the Haftara give the Shabbat its name and basically say it all. Return to G-d. The following pasuk emphasizes the power of prayer in the T'shuva process. The command to repent is accompanied by wonderful promises (prophecies) of redemption and restoration of the former glory of Israel.
The passage from Yoel gives us a Shofar connection to the T'shuva process. Another encouraging note as we face the task of returning to G-d, is His assurance that He is among us - even before our T'shuva. And that He will not shame His people ever.
Note that there are several variations as to what is read as the Haftara on Shabbat Shuva. Some of the customs involve skipping around a bit, which is unusual.
Also note, that when Haazinu is read on the Shabbat between Yom Kippur and Sukkot, this Haftara is read with Parshat VAYEILECH, and Haazinu has its own Haftara.
The honor of Maftir on Shabbat Shuva is usually given to the rabbi or a prominent member of the congregation.
Hasidic Wisdom - book by Simcha Raz (Elkins/Elkins)
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
True fear of sin: To be afraid of the sin itself, even more than of the punishment that comes in its train. - Rabbi Menachem Mendel of Vitebsk
One must sweeten anger with compassion. - Rabbi Menachem of Bratslav
DRASHOT
The two major Drashot delivered each year are for Shabbat Shuva and Shabbat HaGadol. One is before Yom kippur and the other is before Pesach (or, let's say, before the Seder). Ask people if they can find any other parallels between YK and Pesach or the Seder.
Kittel is one. L'SHANA HABA'A BIRUSHALAYIM is another. These are kind of "trivial" common denominators, until we find the major, significant one. Then these take on symbolic significance.
One more common feature - albeit in opposites - is NUTS. Custom is not to eat nuts on Rosh HaShana or before Yom Kippur. The custom is to distribute nuts to children on Seder night. Nuts are also an ingredient in Charoset. I don't know how significant everything is, but here's an idea...
Yamim Nora'im is a time for T'shuva, specifically of the type known as T'shuva Mi'Yir'a, motivated by Fear of G-d. Pesach (and maybe the other Regalim) are associated with T'shuva MeiAhava, motivated by Love of G-d. (Remember that the world is judged at four junctures, Rosh HaShana (and Yom Kippur) and each of the Three Festivals. Judgment is hopefully preceded by T'shuva on our part.
T'shuva of the Fear type can succeed in our being forgiven. That's good. But T'shuva of the Love-type goes one step further, forgiveness AND turning our sins into credits. If nuts represent SIN (based on a rough g'matriya), then they are shunned at the Yamim Nora'im. But they are favored at Pesach and at times of T'shuva from Love, because sins turn into credits for us.
This is obviously only token.But the fact is that we have many times of the year when T'shuva should be a focus. Just think of Fast Days, as well as Shabbat Chol haMoed, when we read the 13 Divine Attributes from the Torah. There's more, but I leave it to you to let your mind find other things to fit.
BARUCH SHEIM...
The well-known custom on Yom Kippur is to say Baruch Sheim K'vod Malchuto L'Olam Va'ed aloud in the SH'MA, whereas it is usually said quietly.
First of all, the sentence is the only part of Sh'ma that is not from the Torah. For that reason, it is generally said quietly, to distiguish it from the rest of the Biblical passages.
There are two origins attributed to Baruch Sheim. One says that it was Yaakov Avinu's whispered response of thanks to G-d when his sons proclaimed their complete faith and loyaly to G-d with the words: Hear Yisrael (the other name of Yaakov), G-d, our G-d, G-d is One.
The other source says that Moshe Rabbeinu intoduced it to us after he "borrowed" it from the heavenly angels. Because the sentence is not originally ours, we modestly whisper it throughout the year. On Yom Kippur, however, when the nature of the day and its prohibitions elevate us spiritually, we resemble the angels and only then do we dare say Baruch Sheim aloud.
This Moshe origin of the sentence fits with the Yom Kippur practice. The Yaakov origin does not seem to fit.
There is, perhaps, another reason why we say Baruch Sheim aloud on Yom Kippur. In the Beit HaMikdash, the sentence Baruch Sheim K'vod... was used as the response to a bracha, not AMEN. On Yom Kippur, when there is such a focus on the Temple Service of the Day, we say the sentence aloud. In the repetition of Musaf, when we read about the Temple Service, we find the description of the reaction of the people in the courtyard of the Beit HaMikdash to the Explicit Divine Name - they fell to the ground, prostrated themselves and said Baruch Sheim K'vod Mal'chuto L'Olam Va'ed.
One should say Baruch Sheim with deepfelt Kavana, especially at Ne'ila. It is a very powerful six word statement.
FROM THE DESK OF THE DIRECTOR
Dear Torah Tidbits Reader,
As the long dark autumn hours creep upon us we become aware of a change in mood. Yes! The fine early morning dew sparkling in the glades is gradually replaced by the more resilient clinging rain drops.
For us, there is now a transition: “Morid HaTal” ever so slowly reverts to “Morid Hagashem”. And appropriately, Moshe Rabbeinu’s parting words in Parshat Ha’azinu proclaim: “May my teaching drop like the rain / May my utterance flow like the dew…”
Here, Moshe asks that the Torah touch the nation like welcome, non-intrusive dew drops and also penetrate the people like life-giving rain. The former, it seems, adds zest while the latter gives us the strength to grow.
And so, as the season unfolds and we move from “Tal” to “Geshem” we are invited to embrace the approaching first rains “yoreh”, reminiscent of “Torah”. We are beckoned to let our superficial “dew-like” appreciation of our teachings give way to a deeper, more intrusive apprehension of the Divine in our world.
Sincerely yours,
Menachem Persoff,
Director, Israel Center
P.S. Let me wish you all a G'mar Chatima Tova and a year of health, happiness, prosperity, peace and spiritual growth.
Why is Yom Kippur the Most Joyous Festival?
by Rabbi Ephraim Sprecher
In the common perception, Yom Kippur is the ultimate don’t – can’t experience. Don’t eat, Don’t drink. Don’t have marital relations, can’t even wash your face. For most people, Yom Kippur is an ordeal that we have to get through, a 26 hour exercise in self denial, that is even more constricting than Shabbat. The long synagogue service and repeated emphasis on guilt and sin make Yom Kippur into a day of awe and anxiety, despair and dread. It certainly does not appear to be a day of celebration. Yet, any number of Yom Kippur laws seem to contradict the somber mood of the day: we enter into the fast by eating a festive meal, dressed in our finest clothes. We recite the “Shehachianu” blessing, thanking G-d for allowing us to reach this unique time in the year. We put on the kittel, a white robe, that symbolizes purity and innocence, rather than guilt and punishment. The last Mishna in Taanis declares, there is no more joyous day for Israel than Yom Kippur. How are we to understand such an apparent contradiction? Furthermore, Yom Kippur, just like all the other festivals, has the power to cut short and even entirely cancel a period of mourning. In the words of the Talmud, the rejoicing of the nation pushes aside the mourning of the individual. How do we explain Vayikra 23:32 “Yom Kippur you shall afflict “Ve’Initem”, your souls. “How are we to reconcile these two dimensions of Yom Kippur? To explore this issue, we should first take a closer look at the word “VeInitem” usually translated as, “you shall afflict”, the word also has another meaning, as we find by the Mitzvah to bring the first fruits. Bamidbar 26:5 “And you shall answer and sing “VeAnita” before G-d, when you bring the first fruits to the Temple.
Therefore, in the context of Yom Kippur, the phrase “Ve’Initem Et Nafshotaichem” doesn’t have to be translated only as “you shall afflict your souls.” On the one hand, one can’t hide the fact that Yom Kippur is spent looking deeply into one’s soul, exposing weakness and shortcomings, that certainly causes one to weep in fear of being found guilty on the Day of Judgement, but Yom Kippur is also the Day of Atonement, when all sincere Ba’alei Teshuvah are guaranteed forgiveness from G-d. it is this most comforting element of Yom Kippur that allows us to rejoice during the festival of forgiveness.
The verb “Ve’Initem”, in addition to meaning that you shall afflict your souls, can also be translated, you shall allow your souls to sing. You shall free your soul of all of its usual bodily needs and desires and dedicate a 26-hour period to your soul and to G-d. Within the comforting embrace of our G-d of love and forgiveness on Yom Kippur, our bodily needs become of almost no account as our souls, take over our bodies, signing to G-d. Yom Kippur is a grand and unique opportunity for a Jew to receive a new beginning in life, a second chance. That’s why the Talmud in Taanis tells us that G-d gave us the second tablets on Yom Kippur symbolizing that G-d always gives us a second chance to become better human beings.
Judaism is, at its essence, an optimistic forgiving religion that allows for change and the ability of a person to forge new relationships with others and with G-d. That is why G-d gave Moses the second set of Tablets on Yom Kippur, it was His way of showing that w\even the most strained and struggling relationship can be rejuvenated, if both parties care enough to make it right. The prayers of Yom Kippur reflects this perspective, calling Yom Kippur, a special, unique day. More than ten times, we repeat that this day serves to atone for all our sins, to purify us and restore our holy character, because on Yom Kippur, by attaining repentance and forgiveness our bond to the Creator is restored and renewed. The crucial message of the day is not just that the opportunity for a clean slate exists, it is how we realize that opportunity. We do this, by concentrating on our soul. All year long, there is an existential conflict between body and soul, between the physical, material needs and desires of a person and his spiritual soul. In virtually all the battles between the forces of the spiritual and the physical, the physical desires win. We feed, indulge, and pamper our physical cravings at every turn, doing, that which feels good, and that which brings us pleasure. On Yom Kippur, the day belongs to the soul, as our physical activities are diminished, if not altogether eliminated. The soul, freed of its physical bonds, can now soar upwards, ascending to higher and higher levels of existence, where it can express it deepest feeling and emotions. On Yom Kippur we become like angels, who neither sleep, eat, nor have marital relations, so that we can for one day a year devote ourselves exclusively to singing the praises of G-d, dressed in white and confident that our true nature, the G-dly soul, is being fulfilled. Such lofty elevation of the spirit is exhilarating, thrilling and joyous.
The sounding of the shofar at the end of the day is directly linked to the shofar blast that once was sounded each half century on the jubilee year. Just as that dramatic shofar blast signaled freedom through a release from debts and an end to physical slavery, so our own shofar blast symbolizes the ability of a Jew to rise above material and physical desires and free the soul to soar to heights rarely reached by mere human beings. The spiritual freedom that comes with such a holy journey blissfully energizes the one who embarks on it. Now we understand that the word “VeInitem” which is translated to afflict your souls, also means to answer in song because all year, the soul asks of the body, Why is the body always favored over the soul. When will I, the soul be given top priority for a change? On Yom Kippur G-d commands us to “Ve’Initem Et Nafshotaichem”, which really means “to answer our souls” and declare that today Yom Kippur, is truly the day of the soul, its grand chance to rise above and beyond. If we follow our souls on its great spiritual adventure on Yom Kippur, then it can bring us joy rarely experienced by human beings.
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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 Kitzur Shulchan Arukh, which is serialized on Yeshivat Har Etzion’s Virtual Beit Midrash,
www.vbm-torah.org.
KOL NIDREI
The Yom Kippur liturgy is identified especially with the “Kol Nidrei” chant. The Kol Nidrei, though an ancient custom (it is mentioned in the Zohar and in the early Geonim), is neither a prayer nor a blessing, nor even a liturgical poem (piyut). Its content is purely legal and formal - a public ceremony of release from vows.
The original form of the Kol Nidrei involved a release from vows made during the previous year. While some Rishonim questioned the legal validity of this release and encouraged viewing Kol Nidrei as a condition to pre-empt certain future vows only, most congregations continue to mention the nullification of existing vows. Why does the nullification of vows have special relevance to Yom Kippur?
SIN - A LASTING STAIN ON THE SPIRIT
The foundation of sin is a misdeed or mistake, and the foundation of repentance is mending our ways. However, the Torah reminds us repeatedly that changing course is not enough. A sin is not like a mistake in math which we can merely notice, correct and then move on as if it never happened; rather, it leaves a lasting stain on the spirit.
The related ideas of sin and guilt, while unpleasant to experience, testify to the unity and continuity of the human spirit, in particular to that unique spiritual capacity we call “conscience”. If I am a moral person, then when I commit a sin I feel keenly that the misdeed remains with me; I ask myself, how could I have done such a thing? Before committing a sin, I am likely to ask myself, how will I be able to live with myself afterwards?
However, this unity and continuity do not condemn us to a life of bitterness and anguish over our sins. HaShem provides us with an opportunity to purify ourselves, to bleach out the stain on the spirit, through the process of kappara or atonement. There are many cathartic experiences which bring kappara, including fasting, charity, and sacrifices, and of course the atonement of Yom Kippur.
OATHS - A LASTING OBLIGATION
Oaths and vows are another salient testimony to the unity and continuity of the spirit. Nedarim and shavuot are a way of binding ourselves in the future. HaShem gives us the awesome power to associate actions or objects with His name, thereby creating a lasting obligation to act in a certain way at the risk of desecrating His name, G-d forbid.
Yet here also, a careless vow does not condemn us to a life of regret and anguish. HaShem provides us with the opportunity to wipe the slate clean, to uproot the vow at its source, through the process of hatara, the annulment of vows. Again, mere regret is not enough; it is necessary to go through a formal process of confronting the vow and articulating the basis for the annulment.
TRANSFORMING THE PAST
This parallelism between atonement for sin and release from vows is one motif which connects Kol Nidrei to Yom Kippur. In each case the amoral, practical response is to ignore the connection to the past - to turn a new leaf and move forward without paying any attention to the mistaken sin or vow. The judgmental response is the opposite: to strictly uphold the connection to the past, to live in guilt or with the unbearable restrictions of a past vow. In each case, our tradition provides us with a middle way.
Atonement and annulment of vows do not free us from the past by vitiating the conscience, by weakening the unity and continuity of the spirit. The lasting impact of sin and of vows is affirmed; the connection between past and future is maintained. It is the past itself which is altered! In these two instances our Sages taught us that we can actually change the past. It is a fundamental principle that vows that are permitted because of regret are uprooted retroactively. (Nedarim 21b and elsewhere, Shulchan Arukh YD 228:7.) And our Sages inform us that teshuva is capable of transforming our misdeeds into merits! (Yoma 86b.)
In effect the same continuity of spirit which allows the past to affect the future, through the taint of sin or the binding force of vows, is activated in the opposite direction. The human spirit grows and attains insight; our past acts are then reinterpreted from the vantage point of our new perception. The past is not denied or erased, but rather is integrated into our new self in a constructive way.
The introspection of Elul and the Ten Days of Repentance, followed by the contrition and afflictions of Yom Kippur, reinforce Yom Kippur’s status as a day of spiritual elevation and insight which is uniquely suited to this recasting of the past. On this day we have special power to transform our misdeeds in such a way that they advance, rather than impede, our continuing spiritual growth.
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.
THE JERUSALEM INSTITUTE OF JEWISH LAW
Rabbi Emanuel Quint, Dean
Lesson # 57 - Prosbul
This is the beginning of the shemitah year and so much has been said about the produce of the seventh year. There is another aspect of the shemitah year that has not been much explored yet, the cancellation of debts. Although there are some who write a prosbul just before the shemitah year and then towards the end of the shemitah year, the overwhelming number of authorities hold that it need be made only at the end of the shemitah year.
There is no concept of bankruptcy in halachah. Thus an indebtedness is never cancelled just because the debtor does not have the ability to pay. According to Torah law, however, all debts (except as hereinafter specified) were canceled at the end of the shemitah year. It was then considered that people might hesitate to lend money close to the shemitah year because the repayment of the loan would be cancelled. Therefore Hillel instituted the prosbul, pursuant to which the loans would not be cancelled. So that people would not be reluctant to make loans by the reason of the approach of shemitah.
On the subject of refraining of lending money before the shemitah year, Rambam writes (Laws of the Sabbatical Year and the Year of the Jubilee, chapter 9, law 30 “If a person refrains from lending money before the shemitah year because he fears that there may be delay in repaying the loan and in the meantime the shemitah will intervene and cancel the loan, he transgresses a negative commandment, as it is written “Beware that there be not a base thought in your heart” [Deuteronomy 15:9]. This is a very serious transgression for the Torah has warned against it with a double injunction…The Torah is very particular regarding this evil thought and calls it a base thought.”
Prosbul is a device enacted by Hillel in the first century B.C.E. to encourage loans and commerce by enabling the lender to enforce collection of loans even after the shemitah year. The Talmud discusses the necessity for the prosbul since the laws of cancellation of debts was no longer practiced according to Torah law. (See Gittin 36a)
The cancellation of debts a the end of the shemitah year in modern times is of Rabbinic origin and is applicable in all places. Debts are cancelled at the last moment of the shemitah year, that is on the last day of Elul, moments before Rosh haShana of the first year after the prior shemitah year. Thus if a loan is made this year, a shemitah year, it may be collected or a prosbul written until the last moment of this year.
In general, shemitah cancels all debts, whether oral or evidenced by a writing even if he writing contains a clause placing a lien on the borrower’s real estate as security for the loan.
There are certain types of debts that are not cancelable by shemitah. If a lender loans money to a borrower on condition that shemitah shall not cancel the debt, the debt is nevertheless cancelled because the lender cannot cancel a law of the Torah or a Rabbinic decree given the strength of a Torah law. However, of the parties stipulate that the borower will not raise the passing of the shemitah year as a defense to the lawsuit brought by the lender on the loan, the stipulation is valid, and the loan is not cancelled.
If partners divide up property or their profits and one of the partners receives more than his share, shemitah does not cancel his obligation to make an even division, since shemitah cancels only loans, and not investments or property deposited with another person.
If the writing made by the parties refers to the loan as a deposit, the loan is not cancelled. Stipulations regarding money are generally valid, and the borrower had the right to frame the note of indebtedness in a manner that it would not be cancelled by shemitah. However, if the general practice in the community is to refer to loans as deposits so as not to have the loans cancelled by shemitah, and an instrument entered into between the parties does not so characterize the loan, then shemitah will cancel the loan. Ordinarily, if there is a practice in a community to write notes in a certain manner and a note does not conform, then it is held that there was an error on the part of the scribe who drafted the note. In this case, however, the omission can be attributed to the lender’s wanting to comply with the laws of shemitah.
If a loan was made for a term that would run beyond the shemitah year, shemitah does not cancel the loan, since the lender could not have sued for repayment during the shemitah year. Since the lender could not have demanded payment during the shemitah year, he is not in violation of the verse that states “he shall not exact payment during the shemitah year”.
Loans that are collateralized by the lender taking the borrower’s personal property into his possession as security are not cancelled by shemitah. There is an opinion that the amount of the loan not cancelled is only up to the value of the security, and the balance is cancelled. While the security is held by the lender, it belongs to him. The reason is that since the lender holds security he does not have to “exact payment” in violation of Deuteronomy 15:2. The other opinion holds that if collateral security has been taken, even the amount of the loan that exceeds the value of the security is not cancelled. The reasoning of this opinion is that since the lender originally took the lesser collateral as security for the entire loan, it is the equivalent of having security for the entire loan.
Shemitah does not cancel the amount owed for merchandise purchased on credit unless the credit is converted into a loan. A credit is converted into a loan from the time payment is due. A contrary opinion holds that the credit is converted into a loan from the time that total running account due from the customer is entered upon the merchant’s account books as one total sum. There may be many makolet owners who may be involved in this type of operation. Tell your makolet dealer to write a prosbul next Elul.
Wages earned by a worker are not cancelled by shemitah unless the moneys due were converted into a loan.
If a man divorces his wife prior to the shemitah year, her kethubah is not cancelled, since a kethubah is not a loan. However, if it has been converted into a loan it is cancelled by shemitah. The kethubah falls under the laws of shemitah from the moment the wife takes part payment or converts the kethubah into a loan, as for example she has the balance drawn into a note if indebtedness.
IYH, next lesson will discuss the prosbul itself, the necessity of the debtor to own land, the credibility of the lender, and the status of the loan after shemitah.
The subject matter of this lesson is more fully discussed in Volume 2, Chapter 67 of A Restatement of Rabbinic Civil Law by E. Quint and on sale at local Judaica bookstores.
quint@inter.net.il
PARSHA-PIX
Moshe Rabeinu calls upon the heavens and the earth to hear his words. This is represented by the listening ears in the sky and on the ground.
The musical note represents the SHIRA, both Haazinu in particular and the whole Torah in general.
The cloud giving rain is analogous to the teachings of Torah as Moshe describes them.
The eagle fierce protection of its young is used to describe the way G-d protects His People.
In the center of the PIX is a son asking his father questions and his father answering him. This is the method of transmission of Torah and Tradition.
Lower right is milk and butter as in the pasuk that describes part of the prosperity that can often lead to unfaithfulness to G-d. CHEM'AT BAKAR in modern Hebrew might mean the butter of cattle (from cow's milk), but according to Rav Aryeh Kaplan z"l in The Living Torah, it means cheese in Biblical Hebrew, or possibly meat. Chalev Tzon is the milk of sheep.
And then there is the wine with the negation circle. This is a possible double: A reference to the indulgence in wine which can lead to our turning away from G-d. It also stands for the prohibition of YAYIN NESECH, wine consecrated to a foreign worship. Rambam counts this prohibition among the Taryag mitzvot. Sefer HaChinuch does not count it here, but includes it in the prohibition of "offerings to Avoda Zara". This is the only mitzva that Rambam counts that the Chinuch does not. The only one.
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