Halachic Times for Jerusalem Israel
Summer Time - a.k.a. Daylight Savings Time With the Molad of Av occurring on
Wednesday, July 10th at 6:05½pm, Israel Summer Time, the first op-
portunity to say Kiddush L’vana is Some will say K.L. right after the
fast, while others will eat something first and then say K.L. (You might
want to keep a cookie in your wallet for the occasion.) Others will also
not say K.L. on the eve of the 10th of Av, because of the mournful mood
that continues until noontime on Friday. They will wait for Motza’ei
Shabbat Nachamu, when the moods beautifully match. Whenever — don’t forget
K.L. In every generation... In THIS
generation, in our own time... TODAY. Right now, each of us has to see
himself as if he was in the crowd when the Meraglim returned from their 40
day scouting assignment. And when you hear the 10 others trying to
discourage the people — no. Not “the people”. YOU. When they were trying
to panic you into not wanting to go into Eretz Yisrael, what did you do?
What did you say? When you heard Kalev’s passionate pro-Aliya speech, how
did you react? When you hear someone “bad-mouthing”
Israel or telling someone he’s crazy for coming on Aliya, how do you
react? This is a real question. Not hypothetical. This is the Tish’a b’Av question that
we have to deal with. We have it within our ability to change Tish’a b’Av
into a festive celebration of the rebuilding of Jerusalem. All we have to
do is become better people and better Jews. And help others do the same.
In a pleasant way that will make others WANT to be good Jews. Sounds
simple. It isn’t. Are you up for the challenge? Its sedras average out a bit longer
than Vayikra's, even though the four shortest sedras are in D'varim. Several places that are mentioned in these p'sukim are considered by the commentaries to be allusions to events that occurred during the previous 40 years rather than being actual locations. The events include the Golden Calf, the rebellion of Korach, and the complaint about the Manna. These, plus the explicit discussion of the "Sin of the Spies", are part of Moshe's reproach and warning to the People. Moshe also tells the People of the
victories over Emori and Cheshbon. This, to give them confidence for the
difficult period they will face upon entering the Land. On Shabbat, the first Aliya is ended
one pasuk early, that pasuk being the first of the next Aliya, to avoid
beginning that second portion with the word "Eicha". The following three sedras contain 170 mitzvot, the greatest concentration of mitzvot anywhere in the Torah. "...Moshe spoke to Bnei Yisrael of all that G-d commanded upon them" (pasuk 3). After laying the foundation of Judaism, Moshe presents the essence of day-to-day life as a Jew - mitzvot of all kinds, between the Jew and G-d, interpersonal mitzvot, mitzvot linked to the Land, general mitzvot. The final section of D'varim, the last
5 sedras, again contains relatively few mitzvot. But it does contain the
basis of understanding what being a Jew means. In these sedras we have the
admonition against forsaking the Torah, the concepts of Free Will,
Repentance, the Chain of Tradition. "...Moshe began to explain thisTorah
saying:" (pasuk 5) Judges are to be selected for their Torah knowledge and other appropriate qualities. It is forbidden to appoint a judge for "thewrong reasons" (wealth, charisma, connections) [414]. Judges must be fair and impartial and must not be afraid to render proper judgments [415]. Moshe retained the role of final authority on difficult matters. Once again, Eretz Yisrael is shown as the main focus and the People are urged not to fear what lies ahead. On the phrase from 1:16 - Hear it among
your brothers and judge fairly - the Gemara teaches us that judges may not
hear one party to a case without the other present. [SDT] It is hard to suggest that it was purposely arranged that D'varim would be read on the Shabbat before Tish'a b'Av, but it is impossible to ignore its appropriateness in that role. D'varim always is the Shabbat before Tish’a b’Av. SOmetimes the Calendar is manipulated in a strange way (what sedra-pairs are combined and which are separated) in order to keep D’varim right before 9Av. The mishna states that one of the tragedies marked by Tish'a b'Av - the first one, the one that gave Tish'a b'Av its dark character - was the decree against the (adult males of the) "Generation of the Wilderness". The sedra serves as a reproach for our poor attitudes and lack of commitment to the Land. It is as if G-d is saying to us: "Do not continue in the ways of that generation. Reverse the effect of that terrible punishment by heeding the call of Kalev and Yehoshua." When we, the Jewish People of today, succeed in "repairing" the negative attitudes and actions of the generation of the spies, the generation whose sins caused the destruction of the first Temple, the generation whose gratuitous hatred and Lashon HaRa caused the destruction of the second Temple, then we will be privileged to rejoice in the building of the third Temple, the restoration of Jews all over the world to this Land, and the spreading of Torah values and commitment to mitzvot. D'varim and its message of the significance of Eretz Yisrael and the reminder of G-d's terrible anger against those who denigrate the Land of Israel is the "perfect" introduction to Tish'a b'Av. Amazing, is it not, how relevant this message is today. "Behold, I have set the Land before you; go in and possess the Land..." May we be deserving (and even if not) to live in peace in all the Land of Israel, with all the People of Israel, according to the Torah of Israel. D'varim says over and over again that the Meraglim were wrong. They believed that the miraculous environment of the Wilderness was perfect for a Torah way of life. Not so. Moshe repeatedly tells us that Eretz Yisrael is the "real" place for the People of Israel. Note also that other events of the first 40 years are merely alluded to with a phrase - DI ZAHAV, mentioned in the first pasuk of D'varim is a reproach to us for the sin of the Golden Calf. This is what Rashi says. Moshe hinted at it, but he didn't elaborate. The sin of the Spies is different. A full presentation. On another note... Comparing Moshe's account with the original text in Shlach will yield some interesting differences. It is clear that the original purpose of sending the men into the Land was to determine the best way to enter it and which border cities would be best to attack. It is equally clear that the purpose was NOT to decide whether to go or not. This is the major component of the Sin of the Spies and the people's reaction to their words. Moshe shares the blame with the spies and announces that he had approved of the suggestion to send the spies. He explains what had happened as a result of the spies' report. Moshe's arguments (and those of Kalev and Yehoshua) were unsuccessful in calming the people's panic. As a result, G-d decreed that none of the adult males (except for Kalev and Yehoshua) would enter the Land. Moshe tells them that he too was banned from entering the Land. It is to be Yehoshua who will lead the People henceforth. Moshe seems to say that he too is being punished by not going into the Land because of the Sin of the Spies. But we know that it was the "hitting of the rock instead of talking to it" for which he was punished. One commentary suggests the following: Because of the senseless crying of the Wilderness Generation, the Temple was destined to be destroyed. Had Moshe Rabeinu entered the Land, the Temple would never be destroyed. Hence, he was kept out of the Land so that G-d's full punishment for the Sin of the Spies could be carried out. We can also see the special qualities
of a true leader of the Jewish People. Moshe Rabeinu did not leave the
blame for the Sin of the Spies with the people. He shouldered the
responsibility. Rashi records a tradition that the
People of Israel spent 19 years - half of the wandering time - in one
location, Kadesh. The actual wandering was much less than 40 years. On the
other hand, there were places in which the people spent a day or so. Moav's territory was also placed off-limits because it was an inheritance for the descendants of Lot. Various peoples are named for the different lands in the area. The wandering took 38 years until G-d told the People to cross into the territory of Amon and Moav, but without fighting there. Both Edom and Amon/Moav had fought for their land as Israel will be doing soon. Sichon was offered peace, but he
rejected it, clearing the way for Israel to successfully conquer his land. The victories on the East Bank of the
Jordan helped build Israel's confidence for the difficult times to come
upon crossing the Jordan into Eretz Yisrael. This new generation, the
children of slaves, needed the multi-faceted preparation that the years of
wandering provided, in order to be able to succeed in their conquest and
settling of the Land. Last 3 p'sukim are reread for the
Maftir. The custom is to give Maftir on this Shabbat to the Rav of the
congregation or to a prominent member thereof. Yeshayahu contrasts the people of
Israel, who had become unfaithful to G-d with animals, who instinctively
acknowledge their owners. "An ox knows its owner and a donkey recognizes
its owner's pen." In an allusion to this pasuk, the Yerushalmi tells the
story of Rabbi Yochanan ben Torata who sold his ox to a non-Jew. The ox
refused to work on Shabbat, until Rabbi Yochanan whispered in its ear that
it was now owned by a non-Jew and must work on Shabbat. Which it then did.
There is also the story of the donkey of RabbiPinchas b. Yair. These
stories give us insight into the harsh criticism of the People of Israel
who repeatedly "do not know" their Creator. Loyalty to a master is one of
the many lessons we must learn from animals. The Rabbis of northern Europe and later even in Spain were developing the halachah along different lines. This came in the twelfth and thirteenth centuries of the common era when the halachah began to recognize that a person could obligate himself to invest his money or things into the partnership. Or a person could obligate himself to work for the partnership and obligate himself to share in the future profits and losses of the partnership. Or a person could enter into contracts to sell things not yet in existence. All of these obligations and contracts could be entered into by a kinyan. (See prior lesson how the term "kinyan" applies to the formation of partnerships.) This is the view of Rabbi Abraham b. David (Rabad, Spain, 1125-1198). Rabbi Shlomo b. Adret (Rashba, Barcelona, Spain. 1245-1310). Rabbi Asher b. Yechiel (Rosh or Asheri, Germany and then Toledo, Spain, 1250- 1327). And Rabbi Jacob Tur (son of Rabbi Asher, Spain, 1270-1340). The latter writes that even if a kinyan was not made, if the partners actually commenced the operation of the partnership, such as trading or manufacturing, then they are partners. According to this last opinion, the partnership is established without a kinyan only if both partners commence the business of the partnership. But if only one commences the business, the partnership is still not organized and either partner may rescind his agreement to commence a partnership. There is an opinion that, according to this last view, a writing undertaking the obligations and witnessed by two witnesses will take the place of a kinyan for the past actions of the partners and they will be deemed to have been partners in the operation of a partnership. There is also an opinion that if the partners undertook by an oath to be partners, it is binding upon them. And similarly if they shook hands in those communities where a handshake is considered binding, they are partners. This is based on the concept of the community custom being binding in monetary matters. There is the view of Rabbi Jacob Tam (Rabbeinu Tam, France, 1096-1171). Rabbi Isaac b. Abba Mari (Ittur. France. Spain, 1120- 1190), and Rabbi Meir of Rottenberg (Germany, 1215-1293), that a kinyan is not necessary to bind the partners to the partnership; mere words can bind the partners to the partnership, and they cannot rescind their words. This is based on the hanahah (contentment) that each receives when his promise is accepted by the other partner. Although the holding of Rabbeinu Tam is not based on community custom, it certainly is binding where there is such community custom. There is also the view that the law of the land (as distinguished from community custom) must be followed and this will be controlling in most instances. Halachah recognizes that the law of the land is usually binding on parties to a commercial transaction. Thus when Reuven and Shimon sign and file a partnership certificate with governmental authorities, this will constitute an act binding the signatories to such certificate. In many governments, partners may do business under their own names and may be excused from filing a certificate of doing business as partners, since the public will know who the partners are. There are some governmental authorities that require the filing of a certificate even in such instances. Most governmental authorities will require a certificate to be filed when the partnership name does not disclose who the partners are. For example, if Reuven Cohen and Shimon Goldberg decided to go into partnership and to call the business Reuven Cohen and Shimon Goldberg Dry Goods Store, then it is obvious to the public with whom they do business, that the partners are Reuven Cohen and Shimon Goldberg. In most situations some governmental authorities may not, in such circumstances, require a business certificate to be filed with the government. Other governments may require a certificate since a person who wishes to start a law suit against them may want to have their home address, because most certificates require such information. It may also be required to show the date of commencement of the partnership. If they are doing business under the trade name Atlantic Dry Goods Store, then they will be required to file a trade name certificate so that the public will know who are the partners in the business. The parties are best advised to organize a partnership by complying with the laws of the land by filing a certificate when required, and also halachically by making a kinyan. The only reason that I have suggested a kinyan is to keep the concept alive. Technically, it is not required, because the partners will be bound by the laws of the land. A kinyan can also bind the parties to the terms of a partnership agreement, which should be prepared by a competent attorney. The agreement is binding on the parties without a kinyan if its execution complies with the laws of the land. The kinyan can be executed by Reuven giving to Shimon, Reuven's handkerchief and Shimon giving to Reuven, Shimon's handkerchief, and each as he takes hold of the other's handkerchief stating that he agrees by the kinyan to the organization of the partnership and to be bound by the agreed-upon terms. Most of the halachot stated in these lessons regarding a partnership are controlling absent an agreement by the parties specifically setting forth the terms that they wish to be controlling. However, the parties can agree to almost any terms they wish, the only exception being when it contravenes certain halachot that override any agreement. The agreement can specifically state that it is to be governed by halachah or any other set of laws, as, for example, by the laws of the State of Georgia. Their agreement may be oral or in writing; it may contain all of the terms or only some of the terms. It may or may not be witnessed by others. Even if the partnership agreement is in writing, it may be amended orally even if otherwise provided in the written agreement. (Many secular countries have laws that provide that if a written agreement states that it may not be amended orally, it may not be so amended.) The parties can even terminate the partnership by oral agreement before the termination date provided in a written agreement. The written agreement can be amended orally since an amendment to the agreement is similar to a release of its terms and in halachah, a person may always release another party with an oral declaration. Participation in the partnership entails a person giving up some of his rights in relation to the other partners. He has assumed an obligation to the other parties and the other partners may release such obligations orally. Reuven and Shimon, both living in New York, wish to form a partnership that is to be in the business of selling merchandise at a fair in China. The goods are supplied by Reuven in New York and taken by Shimon on a ship to China to be sold there. They are to divide the profits evenly. While the goods are on the ship, the price of the merchandise falls. The entire loss in the value is to be borne by Reuven since the partnership will commence when the goods arrive in China, unless the parties agree otherwise in advance. Situations such as these are most often governed by the agreements of the parties or by the laws of the country where they reside. If the price rises before the goods arrive in China, the gain will be Reuven's. If the partnership agreement provides
that the partners will invest certain sums or will invest money as
required, and if Reuven fails to so invest, Shimon may bring an action in
Beth Din to compel Reuven to so invest, or terminate the partnership. The
partnership agreement if drawn by competent attorneys will provide for
such contingencies, since this is not an infrequent occurrence. Learning Torah on Tish’a b’Av However, this prohibition is not abso- lute. The same passage in Taanit states, "One may read the lamentations in Iyov and the tragic events in Yirmiyahu". Given the reason for the stricture, this permission is surprising. When David HaMelekh states that words of Torah "rejoice the heart", he didn't mean that they were diverting and enjoyable; rather, all words of Torah bring joy to the heart, because they bring us close to HaShem. Indeed, the Midrash states cites this verse and states, "This refers to the sons of Aharon". The Midrash explains that when Aharon was saddened over the death of Nadav and Avihu, his heart was strengthened when he received prophecy. (Vayikra Rabba on Vayikra 10:8-9.) Aharon was not in a mirthful mood as a result of this prophecy; certainly he was in a state of great awe and gravity, as befits someone receiving part of HaShem's Torah, especially following his tragic situation of mourning. But the very fact of approaching the Divine restores the heart. It follows that our hearts are gladdened when we read Iyov or Yirmiyahu, or learn the laws of mourning, as these too are G-d's word. (The same question can be asked about the ruling of some Acharonim that a regular mourner is also allowed to examine the laws of mourning, as long as they are not studied in depth.) One possible answer to this question is
found in the Beur Halacha (end of 553), citing the Maamar Mordekhai:
"Study is forbidden in order so that we should be absorbed in thoughts of
sorrow and mourning, and in this way we recall and agonize over the
destruction of the Temple." In other words, one reason studying is
forbidden is for the same reason we forbid work: because it distracts us
from concentrating on the meaning of the churban, and not because it is
specifically enjoyable. When we study subjects related to the destruction of the Temple and other tragic events which occurred when Israel failed to keep the Torah, there is also inevitably an element of "rejoicing of the heart", as these too are G-d's word. But in this case, the joy of the heart doesn't distract us from "thoughts of sorrow and mourning"; on the contrary, our thoughts of sorrow and mourning are deepened and intensified. This kind of Torah study, which includes the types of shiurim which are normally given on this day, is permitted. Rabbi Meir has completed writing a monumental companion to Kitzur Shulchan Aruch which beautifully presents the meanings in our mitzvot and halacha. It will hopefully be published in the near future. Rabbi Meir authors a popular weekly
on-line Q&A column, "The Jewish Ethicist", which gives Jewish guidance on
everyday ethical dilemmas in the workplace. The column is a joint project
of the JCT Center for Business Ethics, Jerusalem College of Technology -
Machon Lev; and Aish HaTorah. You can see the Jewish Ethicist, and submit
your own Qs — www.jewishethicist.com or www. aish.com A The general rule about arranging before Shabbat for a non-Jew to do work for you on Shabbat is the follows. If he is considered to be acting independently for his own benefit, it is permitted even though the Jew gains from the action. If he is viewed by halacha as serving as some type of shalich (agent) on behalf of the Jew, it is forbidden. The classical poskim arrived at a variety of practical distinctions based on this rule. One may not pay a non-Jew to do work for him. However he may give a non-Jew a job to do if the non-Jew is paid the by specific job, not by his commitment to do work on the Jews behalf (Shulchan Aruch, Orach Hachaim 247:1). There are many details and subdistinctions on this matter, such as an extended relationship and marit aiyn issue when it looks like he is the employee of the Jew, but these are beyond the scope of this response. What is directly pertinent to us is the requirement that the Jew may not demand that the work be done on Shabbat (ibid.) Even if the Jew does not specify that he work on Shabbat but it is unavailable in order to accomplish the job as specified, the prohibition applies (Mishna Berura 307:13). This seems to apply to your case, as paying him for the task of buying the tickets requires doing so on Shabbat. However, the non-Jew is considered
working for you only if the work relates to you on a certain level of
directness. Therefor, while one may not give money to a non-Jew to buy a
commodity for a Jew on Shabbat, he may tell him to buy it with his own
money while hinting that he will likely buy it from the non-Jew after
Shabbat (Shulchan Aruch, OC 307:3) The Hagahot Maimoniot (Shabbat 6:2) and
Hagahot Mordechai (452) learn this from the fact that one can sell chametz
to a non-Jew with the understanding that he will buy it back (see Shulchan
Aruch OC448:4). Since several achronim allow there that the Jew can give
an oral assurance to buy it back as long as he doesn't make the
conditional sale (Misnh Brura 448:23), one can likewise promise the
non-Jew to buy the tickets after Shabbat (ibid. 307:13). There are even
those who allow the Jew to lend the non-Jew the money to buy the tickets
since at the time of the purchase, the money will be the non-Jews (Shulchan
Aruch Harav 307:10). The source of exile is lack of faith. — Rabbi Nachman of Bratslav “Turn from evil and do good...” T’hilim
34:15 Reason: The Gemara (Yerushalmi Ta'anit 4:6) relates: Rav, after eating his fill, used to dip a slice of bread in ashes and say, "This is the [essential] meal of Tisha b'Av, " as the verse (Eicha 3:16) says: "He ground my teeth with gravel, he covered me with ashes" (Beit Yosef). It is customary not to have a M’ZUMAN for SEUDA HAMAFSEKET (Magen Avraham). Reason: Zimun applies when [at least]
three men certify they were eating together. Wheras now, "it is not their
intention to confirm their togetherness" (Magen Avraham). It is customary to read the Megilat Eicha in shul only at night but not during the day (Rama). Reason: This is in accord with the verse that states (Eicha 1:2) "She weeps bitterly in the night," and (Eicha 2:19): "Arise, cry out at night." After Eicha and reciting the Kinos [dirges], we say "V'Ata Kadosh" [And You are holy"] (Shulchan Aruch) Reason: "Megilat Eicha arose and declared: Master of the Universe, if these [the Jewish nation] perish who will [be left to] sanctify Your Name in Your World, who will recite Kedusha in Your houses of prayer?" Accordingly our sages instituted reciting the Seder of Kedusha [the order of Kedushah] after Eicha. Some sleep on the ground and place a stone under their heads (Shulchan Aruch) Reason: In accord with the Midrash (Bereshit
Rabba 79) on the verse (Bereshit 28:17): "This is the house of E-lohim..."
Ya'akov Avinu foresaw the destruction of the Beit ha-Mikdash and took some
stones and placed them around his head [in mourning] (Maharil). R’ Eliyahu Yosef heard the prognosis
and said to himself, “My illness is exactly like one described in the
Shulchan Aruch with reference to treif animals. Regarding that disease,
there is a dispute between R’ Yosef Karo, who states that the disease does
not render an animal treif — i.e. certain to die within one year — and the
Rama, who says that it does. I will travel to Eretz Yisrael where they
follow R’ Yosef Karo’s rulings.” There exists among the world’s fishes, four types of scales: clenoid, cycloid, ganoid and placoid. The first two of the four types of scales overlap (like a coat of mail) and are easily scraped off. These are the two necessary properties for the fish to be kosher. Sharks have placoid scales, which are of dermal origin (meaning they are part of the sharks skin and cannot be removed without taking skin with them) and they do not overlap. Under a magnifying glass, one can see individual platelets with thin margins between scales. True, sharks have scales, but not the kind of scales that define fish as kosher. This brings up an important idea; something to keep in mind for various circumstances. Language is often vague and ambiguous. Besides scales being things to weigh things with, a series of musical notes, and what one does with mountains, they are also the covering of the body of many fishes, reptiles, and some mammals. Yet even restricting the definition to fish, as you see above, there are four kinds — with a significant halachic distinction. Hebrew has the same “problem” as English. KAS-KESET includes the “kosher” and the “non-kosher” types of scales, as well as dandruff. On a halachic level, it is important to understand that clarification is often in the realm of the Oral Law. Does YOM mean daytime, as opposed to nighttime? Yes. Sometimes. Lulav is a daytime mitzva and so is Brit Mila - because of the word YOM. Does YOM mean a full 24-hour period? Yes. Sometimes. ZACHOR ET YOM HASHABBAT... remember the Shabbat DAY, applies to the full 24+ hours of Shabbat. How do we know the difference? TORAH SHE-B’AL PEH, the Oral Law. Is BEN a male child or does it include son and daughter? Sometimes and sometimes. Etc. etc. What bracha do you make on a banana?
HaAdama. Right! But a banana grows on a tree. Yes and no. It looks like a
tree and is often called one. But it is neither halachically nor
botanically a tree. Imprecise language; precise halachic definition to
determine its bracha and other halachic statuses. It is okay for language
to start out ambiguous sometimes, but ultimately, context or external
definition has to pin it down. The Vilna Gaon notes, however, that whereas, in the first four books of the Chumash, Hashem's message is trans- mitted directly through Moshe, in the Book of Devarim heavenly instructions heard by Moshe are conveyed by him at another time. In a manner of speaking, Moshe is now more autonomous. The same Moshe who said, "Lo ish Devarim anochi" - 'I am not a man of words!' - is now the articulate teacher. Why this is so can be found in the very
nature of "these words." For now, the Torah tells us, Moshe is elaborating
on the Law (Devarim 1:5). Rabbi Hirsch argues that Sefer Devarim was
designed to prepare Bnei Yisrael for the practicalities of daily life in
the new Land. Most commentators, however, stress that the essential nature
of Devarim is "Tochacha" or rebuke. What this is, is the fulfillment of a
request of a valued Israel Center participant and Torah Tidbits reader to
clarify the (one of the) procedure for washing one’s hands in the morning
upon arising, and before making HaMotzi. Upon rising in the morning, hold the cup in the right hand and fill it. Transfer the cup to the left hand so that the right hand receives the first amount of water. Pour some water on the right hand. Then return the cup to the right hand, fill it (if necessary) and pour water on the left hand. Repeat this twice more, so that each hand has had water poured on it three times. R-L-R-L-R-L. Before the first pour on each hand, the hand should be dry. When pouring water on one’s hand, it is good to keep the fingers loose and to rotate the hand slightly so that the water reaches the entire surface of the hand, from wrist to fingertips. When washing for HaMotzi, water is
poured twice on the right hand and then twice on the left. That means that
each hand is washed twice, rather than three times, and that you do not
alternate. It is R-R-L-L. The other details mentioned above apply to this
washing too. One should say the bracha while drying the hands, and the
bracha should properly finish BEFORE the hands are completely dry. In
other words, wipe your hands slowly so the bracha can be said before
completion of the mitzva. The Shabbat before Tish'a b'Av is known as SHABBAT CHAZON. The name derives from the Haftara which is read, the first chapter of Yeshayahu. Cleaning the house and other preparations for Shabbat are as usual. Although we do not eat meat during the Nine Days (except for Shabbat), it is permitted to taste (without swallowing) food being cooked for Shabbat to determine its flavor-needs. Many authorities permit bathing and
dressing for Shabbat as one would usually do for any other Shabbat. (This
is the standard practice in Israel.) One may cut his/her fingernails even during the Nine Days, but not during the week in which Tish'a b'Av falls. One may wear fresh garments for Shabbat, but not new garments. Some say that they should be put on only right before Shabbat. Many shuls sing L'cha Dodi to the tune of "Eli Tzion" from Tish'a b'Av morning. Some authorities frown upon this custom as a sign of mourning on Shabbat. Nonetheless, it is a wide-spread practice. It is permitted to drink wine and eat meat once a person has taken Shabbat upon himself, even if it is before sunset. Many shuls read the pasuk beginning with the word "Eicha" (D'varim 1:12) to the tune of Eicha. Some object to this custom, too, but it is the common practice. [In other words, don’t be surprised if your shul does or does not do what is described here as a “wide-spread” practice.] The Haftara for Shabbat Chazon is mostly read with the Eicha melody. And, once again, some raise an objection to this minhag as well. The rabbi of the shul or a prominent member is usually given Maftir. Shabbat meals are as usual, including meat and wine. The custom of not eating meat or drinking wine during the Nine Days does not apply to Shabbat - another example of "no public display of mourning on Shabbat". One may have meat and wine at all meals on Shabbat, even if this is more than he would usually do. In other words, it is permitted to have meat at Seuda Sh'lishit, even if you never do so otherwise. If one is eating meat at the Third Meal, and the meal extends into the night, he still may continue to eat meat. Some disagree with this ruling and hold that one should stop eating meal at nightfall, even if one hasn't ended his Shabbat. [Be aware of the fact that the actual halachic prohibition of eating meat and drinking wine applies to the SEUDA HAMAFSEKET, the pre-Tish’a b’Av meal. The extension of this ban to the Nine Days is essentially based on custom. The custom of one’s community must be followed, but knowing that the issue is not DIN throughout helps explain the different practices of different EIDOT. It will serve us well to think of meat & wine on Shabbat Chazon, not only in the negative (no public display of mourning, therefore...), but also in a positive way. Shabbat is called "a sample of the World to Come". Shabbat Chazon allows us a glimpse into the (hopefully near) future when the prophecy of Zacharia will come to be and Tish'a b'Av and its three satellite fasts will become joyous days. We might look at Shabbat as a down payment from G-d, so to speak, on His promise for the future. Havdala: The other opinion holds that THE proper beverage for Havdala is WINE - accept no substitute (except in cases of "great need", like there is no wine or you are allergic to it). If there is a child present at Havdala who is old enough to understand the concept of Brachot but too young to understand Mourning the CHURBAN, then he/she should drink the wine of Havdala. (Too young and no real understanding of brachot does not absolve the Havdala maker from drinking. Old enough to mourn the loss of the Mikdash, then he/she also shouldn't be drinking wine during the Nine Days.) If not, the one saying Havdala should drink the wine. Some say that he should not finish the whole cup, but suffice with a ROV R'VI'IT. Others say to drink the whole cup so that the after-bracha can be said without doubt. The week in which Tish'a b'Av falls has stricter rules than the first part of the 9 Days. Those who shave during the Three Weeks and even after Rosh Chodesh Av, should at least not shave during SHAVU'A SHECHAL BO. EREV TISH'A B'AV There is a strict opinion that one should not eat regular meals after noon - only the SEUDA HAMAFSEKET. Realistically, this opinion is too difficult to follow, and, in fact, is not followed. The usual practice is to eat a regular meal in the late afternoon, often followed by Mincha, and then to have the special pre-fast "meal", shortly before the onset of the fast. SEUDA HAMAFSEKET traditionally consists
of bread (or pita) and a hard boiled egg, and water. Some dip the egg
and/or bread in ash. This is a mourner's meal, appropriate for pre-9Av. This meal should be eaten alone, to avoid "benching mezuman". Some sit on the floor or low seat for this meal. The meal is eaten and the Birkat HaMazon is said with a heavy heart. As is true throughout Tish'a b'Av, it is extremely important that one's thoughts be on the mournful nature and seriousness of the day. The prohibitions of Tish'a b'Av should begin a few minutes before sunset. For Jerusalem this year, we should stop eating, etc. a few minutes before 7:45pm. Maariv is recited in a low, mournful tone. Then Megilat Eicha is read while people sit on the ground or on low stools. It is customary to reduce the lighting in shul and remove the curtain of the Ark and the covers of the Amud and Shulchan. (When Eicha is read from parchment, as it is in many shuls in Jerusalem, a bracha is recited.) Following Eicha some kinot (poems of lament) are chanted. 3 aspects of 9Av laws... Shacharit: Special Torah reading and Haftara are followed by Kinot which should ideally continue until noontime. Some read Eicha in the morning, too. Thinking about Churban Beit HaMikdash (and other tragedies associated with 9Av) is essential. One should refrain from that which would cause the mind to wander from the day's thoughts. Although most restrictions continue throughout the entire day, a few are relaxed at mincha-time. The Parochet is returned to the Ark, lighting in shul is restored to normal, talit and t'filin are worn, Kohanim bless the People, and sitting on regular chairs is permitted. This, in essence, transforms Tish'a b'Av into a "regular" fast day and psychologically allows us to reflect on the consolation of the prophecies of the Geula and the Building of the Third Beit HaMikdash. Torah and Haftara readings for Mincha are like other fast-days. The paragraphs "Nacheim" and "Aneinu" are recited in the mincha Amida. Omitting either of these additions does not require repeating the Amida. One should be careful not to forget them in the first place. The fast ends approx. 8:15pm. (Israel) Maariv is regular. One should wash his hands (ritually, since it had not been "properly" done in the morning). Some purposely put on regular shoes and say the omitted bracha from the morning brachot. Some say Kiddush L'vana right after Tish'a b'Av (preferably after breaking the fast). Others will have said K.L. during the previous week (this according to Minhag Yerushalayim). Others will wait for Motza'ei Shabbat Nachamu. The 10th of Av is the day that most of the Beit HaMikdash was destroyed. But since the Beit HaMikdash started burning on the ninth of Av, and because of other events associated with the 9th, Chazal fixed the fast day for the 9th. Since the 10th is part of the commemoration of the Churban, the restrictions of the Nine Days continue after the fast. The custom is to keep the restrictions until halachic noon of the 10th of Av (12:45pm this year - - Israel). This applies to not eating meat and drinking wine and music. Marital relations are forbidden on the eve of the 10th of Av, unless it is the “mikve” night. There are other circumstances that would permit relations - this should be checked out with a Rav. This year, with the 10th of Av being Erev Shabbat, haircutting, shaving, bathing, and laundry are all permitted from Friday morning (not noon, but not Thursday night either). Other poskim disagree and say that those activities that are Shabbat- preparatory in nature are permitted right after Tish'a b'Av. Pleasurable swimming, however, as opposed to bathing, is allowed only after CHATZOT on Friday. Something to think about... Visiting Yad VaShem (if it's open) or reading Holocaust literature is certainly appropriate for Tish'a b'Av. These thoughts should be kept in mind by parents who are interested in suggesting meaningful activities and readings for their children during the Nine Days and on 9Av. Sometimes a child might not be able to relate to events that occurred thousands of years ago, but might be "into" Holocaust study, for instance. The Holocaust was a Churban too. All of Jewish History has been greatly influenced and shaped by events that occurred way back. May we rejoice in the rebuilding of the
Beit HaMikdash, speedily in our time, AMEN. Not too much new on the SECHVI question, but I’ve inquired with the AKADEMIYA L’LASHON HA-IVRIT and eagerly await their answer. In the meantime, let me pass on an idea phoned in by MMVZ. Maybe it applies here; maybe it doesn’t. There are instances in the Tanach where “rules” of Hebrew grammar seem to be violated. Actually, it is the Tanach that is the major source of Hebrew grammar rules, so these exceptions to the rule we find in Tanach are more appropriately termed part of the rules. Even if a word like SECHVI is “supposed to be” MILRA, if its solo appearance in the Tanach is MIL’EIL, then that’s the proper way to pronounce that word. “Because that’s the way it is in Tanach.”
That was a favorite answer to many questions we used to ask our high
school DIKDUK teacher, Rabbi Yaacov Dardac, z”l. This makes a very strong case for SECH-vi, since that’s the way it is in Tanach. Whether this is our last word on SECHVI or not, is yet to be seen. On another note, last week we referred to the book To Pray as a Jew. The author’s full name, correctly spelled, is Rabbi Hayim Halevy Donin z”l. For the rest of this week’s column, I’d like to review a topic that has appeared in Torah Tidbits before (at least twice). Although it does not come from the book that these columns usually come from, it is an issue that — if paid more attention to — hopefully will contribute “Towards better Davening”. It is forbidden to pass in front of someone who is saying the AMIDA, within 4 Amot (about 2m). Thus says the Shulchan Aruch in Orech Chayim 102:4. MISHNA B’RURA explains that doing so can ruin the davener’s KAVANA. He also brings the reason offered by the CHAYEI ADAM, that a person davening the Amida is standing before G-d and to walk in front of him is to walk between the Divine Presence and the davener (so to speak), [which is disrespectful to G-d]. Shulchan Aruch continues (102:5) that one may not take his three steps back if there is someone standing behind him who is still davening. Based on the MB’s explanation alone, it would seem that if the person davening has his eyes closed and won’t notice someone walking past him, then it could be done. But the ChA’s reason would not allow it. Similarly, if the davener waves you past, the Chayei Adam’s reason should still stop you. We cannot waive an act that is considered dispespectful to the Sh’china. These rules apply even if the person behind you started his Amida after you started yours (and even if he was very late in starting). On the other side of the coin: a person
must be careful where he stands for the Amida - especially if he is late
and/or takes a long time to daven - so that he does not block the way of
others. To do so violates one of two things - one being a BEIN ADAM
LAMAKOM issue and the other being a BEIN ADAM L’CHAVEIRO issue. Either a
person wanting to walk by knows the halacha (and is aware of the
situation) or not. If yes and he has to wait for you to finish, then you
have inconven- ienced a fellow. If he doesn’t know the rules or doesn’t
care, or isn’t aware of your standing there, then he walks past and
“insults” the Sh’china, so to speak. Please choose your Amida-place well. The judge's gavel flanked (above & below) by two negation circles, relates to the mitzvot in the sedra, against appointing judges for the wrong reasons - not because of wealth, nor out of fear or threats. Also, a judge may not be afraid of threats (e.g. the gun). The arrows indicating DO NOT ENTER to the right and the left, but only straightahead, stands for the two instances, as related by Moshe, that we approached nations for permission to pass through their land. The graphic of the spies carrying the cluster of grapes stands for one of the major elements in the sedra. There are also two former PPP types of graphic elements, this time to be explained. The ghost with the San Francisco Giants logo is a play on the pasuk (2:11), The REFA’IM (ghosts in modern Hebrew; warriors or mighty people in the Biblical context) can be considered giants (or vice versa). The Roman numerals represent the different “units” of Jews, with their “captains” - thousand, hundred, fifty, and ten. And that leaves us with the silhouettes
of the bull and donkey. They are from the pasuk at the beginning of the
Haftara in which the prophet contasts us unfavorably with the animals. The
bull knows his master and the donkey, his feeding trough. We Jews, human
beings, seem to have difficulty in this regard. How can we turn our backs
on G-d; how can we disobey Him so, when He is our Master and the source of
all sustenance. "Dumb" animals "know" this, but we seem to lose sight of
things every so often. THE TRAVEL DESK The TRAVEL DESK of the Israel Center exists... to make registration and detail-receiving for Israel Center tiyulim more efficient and less head- achy for you. To help you - whether you live in Israel or are visiting - plan private tiyulim and make in-Israel travel arrangements Sarah will be happy to assist you on Sundays, Mondays, Wednesdays, and Thursdays from 9:00am to 1:00pm. Call Sarah at the Center, 566-7787 ext. 249. Note: When a tiyul says "Bring your own
lunch", you can do that... or this: Call the TRAVEL DESK or the TIYUL
HOTLINE up to the day before the TIYUL and order a box lunch from the
Israel Center Cafe. 18 shekel will get you a delicious sandwich, a
refreshing drink (specify regular or diet) and a dessert. Your box lunch
will be ready for you when you board the bus. In the week following the Shabbat that
we read in Parshat Mas'ei about the mitzva of dwelling in the land of
Israel, a group of nearly 400 North Americans have made aliya. As this
goes to press, they are making their way to their homes after an
enthusiastic welcome at Ben Gurion Airport. They are the first group of
the Nefesh B'Nefesh organization, which plans to send planeloads of olim
every few months. Nefesh B'Nefesh co-founder Rabbi Joshua Fass related the
triple message of this event: "To our neighbors in Israel - this is a
passionate expression of solidarity. To the world, our Aliya says - Israel
is a primary choice. We are bound to the land. To the family back home -
we say 'you can do it too.'" We warmly welcome home all the new olim to
our communities, schools and workplaces! If you are visiting North America
during summer vacation, and would like to promote aliya - contact Rabbi
Yerachmiel Roness at 02-566-1181, ext. 320, or aloh-naaleh@aaci.org.il The Welcome Home Committee needs
volunteers who live within driving distance from the airport. Volunteers
undergo a training session and are provided with literature. For more
information, call: Albert Rettig at 03-641-5564. As I make a slow 360 degree turn on this windy hilltop, I can view the slopes of Shilo, where the Mishkan stood for 369 years, the Ammon mountain range (now Jordan), the red rooftops of Ofra, and the remains of Ai, the city conquered by Yehoshua Bin Nun. I can see the skyline of Jerusalem, ancient Bet El, the Tel Aviv coast, the remains of the Jewish town of Gofna, and back to Shilo. I was formerly known as Craig Daniels. Growing up in what can be described a "Conservative-Traditional" Jewish home, I became religious during the two years spent at a medical program at the City College of New York. I then chose to leave New York and seek an Israeli yeshiva education. At the age of 19 in 1981, I came to Israel and had the privilege of studying five years in Yeshiva. I have been living in Israel ever since. At times, I questioned the wisdom of my decision to move to Israel at such a young age. Most of my family and friends felt that I had made a big mistake. However, when I thought of myself as the father and grandfather of future offspring, I realized that I had obligations to them as well. Upon concluding that this is HaShem's desire, I felt that making Aliya immediately would instill in my family-to-be a strong attachment to HaShem, His Torah and His Land. These thoughts helped me through the more difficult periods, especially during army service. As a Kohen, I chose not to pursue a
career in medicine, and completed a degree in economics. I work as a
licensed investment advisor for one of Israel's leading banks. We celebrated the Bar Mitzvah of our son on Shabbat Parshat "Shlach". At my Bar Mitzvah, I barely understood the meaning of the Haftorah words, which I sang before we drove off to the party. Yet, when my son read from his Torah portion, he understood the meaning of the story of the twelve spies. He understood that the unfortunate decision to reject coming to Eretz Yisrael, caused that day, the Ninth of Av, to be destined as a day of destruction and calamity for the Jewish People throughout history. Come Chanukah, my children not only know that they will receive doughnuts and gelt, but they know that the miraculous Maccabee revolt, was planned in the Mountains of Gofna, just across our balcony. Coming to Israel not only gave me fulfillment as a Jew, but enabled me to pass on to my children a true connection to the Torah and the land of our forefathers. I naturally urge others to follow in the footsteps of all new immigrants to Israel. Not only do you owe it to yourselves - you owe it to your children! Bet El Ancient Bet El was within the heartland of Biblical Israel. Avraham Avinu built his second altar in Israel just east of Bet El. Ya'akov Avinu also built an altar there. During the period of the judges the ARON KODESH rested at Bel El. The site of ancient Bet El is identified within the Arab village of Bitin, a couple of kilometers from modern Bet El. Modern Bet El, established in 1977, is now home to over 800 families. According to Tehilla statistics, about 10% of Bet El's population are English-speaking. Added to this issue of ALOH NA’ALEH by TT Ed. without permission of ALOH NA’ALEH editor. One of the things I like to tell my “not-yet-Olim” friends about is the first car insurance policy contract I received from my insurer, way back when. I read with surprise that I was getting a discount for being Shomer Shabbat. And taking that discount meant I would not be covered by the policy for driving on Shabbat. That’s okay with me, I remember thinking to myself, Shomer Shabbat people don’t drive on Shabbat. But wait! What about driving in a life-threatening situation? What if my wife were to go into labor on Shabbat and I would drive her to the hospital on Shabbat? The next paragraph had the answer. The policy — this “secular” document I was reading, said that if the driving on Shabbat was permissible because of Piku’ach Nefesh in accordance with Jewish Law of the Shulchan Aruch, then I would be covered by the insurance policy. The company was not “religious”. But it was “Jewish”. This was a standard arrangement. This is Israel. Not without its problems. But there’s plenty of “Only in Israel” if you open your eyes. OU ISRAEL CENTER Seymour J.
Abrams Orthodox Union Jerusalem World Center [The
D'varim Homepage]
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