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for Parshat Sh'mot

From the virtual desk of the OU VEBBE REBBE 

The Orthodox Union – via its website – fields questions of all types in areas of kashrut, Jewish law and values. Some of them 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 Religious community in Israel and abroad. Ask the Rabbi 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 thought it was forbidden to transfer ownership between people on Shabbat. Yet, people regularly bring over food when invited to friends' houses. Is that permitted? 

Answer: In explaining the prohibition of making donations to the Beit Hamikdash on Shabbat and Yom Tov, the gemara (Beitza 37a) says that it is included in the prohibition of commerce on these days. Rashi (ad loc.) cites two reasons for the prohibition of commerce: 

1) The navi Yeshaya, taught us to stay away from weekday-like activities and speech on Shabbat; 

2) Commerce could prompt one to write documents. 

Do these concerns apply to giving a present? The Beit Yosef (Orach Chayim 527) cites the Mordechai that one can transfer ownership of a lulav and etrog on Sukkot to one's friend in order to allow him to fulfill the mitzva. The Beit Yosef was surprised with this reasoning, because if one gives a present by handing it to his friend without a formalistic kinyan sudar, it should be permitted even without there being a mitzvah. Some bring proof to the Beit Yosef's own reasoning (see Beit Meir on Even HaEzer, siman 45). However, the consensus of poskim is like the Mordechai, 

that even though giving presents is not overly commercial in nature, it is included in the prohibition of commerce except for cases of mitzvah, (Magen Avraham 306:15; Mishna Berurah 306:33). 

What, then, constitutes a mitzvah? In addition to necessary religious articles like an etrog, one may give and receive presents which are needs of the day (Shmirat Shabbat K'hilchata 29:29). Based on this, people may give presents of food when going over to friends if they feel that they will be used to enhance the Shabbat meal (see Shulchan Aruch Harav 306:15 who corroborates). It is proper to make a realistic appraisal if the specific item given is likely to be used on this Shabbat (for example, giving milchig candy when going for lunch on a "short" Shabbat would be problematic). Giving presents to chatanim or bar-mitzvah boys is discussed by poskim (see discussion in Yechave Da'at III, 21). 

Even when one cannot transfer ownership of an object, one can give it physically on Shabbat in one of two ways: 1) To transfer ownership to the recipient before Shabbat (Shmirat Shabbat K'hilchata, ibid.), by buying the object on his behalf or having someone, (preferably outside the giver's family- see details in Shulchan Aruch OC 366:10), pick up the object on his behalf; 2) If the party(ies) have in mind not to affect the transfer of ownership, until after Shabbat. 

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. And/or you can receive Hemdat Yamim by email weekly, by sending an email to lists@eretzhemdah.org with the message: Join Hemdatya - Please leave the subject blank.

Ask the Vebbe Rebbe is partially funded by the Jewish Agency for Israel 

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

G-d calls upon all people according to their nature: 
G-d calls some with a whisper,
And G-d calls some with a shout.
It all depends on how far away they are from their Creator.
- Rabbi Nachman of Bratslav 

Just as people look into a mirror see their own blemishes, so those who see faults in others (should) know that they share some of the same faults.
- Baal Shem Tov 

The Land of Israel is the same as the Divine Presence Itself.
- Rabbi Menachem Mendel of Vitebsk 

Rite & Reason by Shmuel Pinchas Gelbard 

Upon concluding the Amida, one takes 3 steps backwards. (Shulchan Aruch) 

REASON An AGADA relates that Moshe Rabeinu passed through three successive levels when he ascended Har Sinai to receive the Torah: Darkness, clouds, and deep blackness. Similarly when he descended he emerged from these three areas. Symbolically, upon concluding our prayer we too, step back three steps. 

REASON When the Torah was given at Har Sinai, the children of Israel retreated three MILIM (a certain distance) from the mountain, as the pasuk (Sh'mot 20:21) says: "and the people stood afar." 

REASON The spot where a person prays becomes a sacred area. Upon concluding his prayer he must emerge from the sanctified domain of prayer and return to mundane reality by taking three steps back. 

REASON Prayer corresponds to the daily sacrificial offerings. When the Kohen climbed the ramp leading up to the Mizbei'ach he ascended along the right side and descended along the left. Between the ramp leading to the Mizbei'ach and the Mizbei'ach itself there were three layers of stone and the Kohen used to step backwards three steps. We do the same after our AVODA (prayer corresponding to KORBANOT). 

ArtScroll Series • Mesorah Publications Ltd. WORDS OF WISDOM WORDS OF WIT • by Shmuel Himelstein 

For years, R' Mordechai of Nechchiz sought to have a tallis kattan made of wool woven in Eretz Yisrael. Finally, after great effort, he managed to obtain the fabric. One of his chassidim begged the rebbe to let him cut the tallis kattan out of the wool, and the rebbe agreed.. The man was overjoyed at the opportunity. With fear and trembling, he embarked on the project. He was so nervous, however, that without realizing it, he cut out the neck portion of the cloth while the fabric was still folded in two. When the fabric was unfolded, he saw to his horror that there were two holes for the neck. The damage was irreparable. The crestfallen and terrified chassid approached his rebbe to tell him what he had done. 

R' Mordechai remained absolutely calm throughout the chassid's account. "Your work was perfect", he explained. "I needed two neck holes - one for the tallis katan and one to teach me the importance of holding my temper in check." 

Excerpted with the permission of the copyright holder


A former student of mine, Rabbi Neil Fleishman, sends Divrei Torah and stories with lessons to an email list on a weekly basis. A while back, he included a story about a donkey that really made a point. He just resent it, and I'm taking this opportunity to share it with TT readers. - Phil 

This is a story of how a farmer allowed himself at first to be defeated, and then through, perhaps Divine guidance, the problem reversed itself. In every problem there is an opportunity... enjoy 

One day a farmer's donkey fell down into a well. The animal cried piteously for hours as the farmer tried to figure out what to do. Finally he decided the animal was old and the well needed to be covered up anyway, it just wasn't worth it to retrieve the donkey. He invited all his neighbors to come over and help him. They all grabbed a shovel and began to shovel dirt into the well. At first, the donkey realized what was happening and cried horribly. Then, to everyone's amazement, he quieted down. A few shovel loads later, the farmer decided to look down the well and was astonished at what he saw. 

With every shovel of dirt that hit his back, the donkey was doing something amazing. He would shake it off and take a step up. As the farmer's neighbors continued to shovel dirt on top of the animal, he would shake it off and take a step up. Pretty soon, everyone was amazed as the donkey stepped up over the edge of the well and trotted off! 

Life is going to shovel dirt on you, all kinds of dirt. The trick to getting out of the well is to shake it off and take a step up. Each of our troubles is a stepping stone. We can get out of the deepest wells just by not stopping, never giving up! Shake it off and take a step up! 

And Moshe smote the Egyptian. Rashi says, that Moshe killed the Egyptian with the Ineffable Name. The Malbim asks why that is so, why don't we take the words to mean that Moshe physically killed the Egyptian. He answers that according to Jewish Law, a non-Jew who beats a Jew is liable to death - but only from Heaven. Our human courts cannot execute him in such a case. Hence, Moshe's use of SHEIM HA'M'FORASH.

From the Desk of the Director 

In parshat Sh'mot we meet Moshe Rabbeinu as a young child brought up in the Egyptian palace. The commentators tell us that when Moshe matured he was told of his Jewish ancestry. Then a change came over him for now Moshe “went out to his brothers and saw their burdens.” 

So, when Moshe saw an Egyptian oppressing a Hebrew slave, “one of his brothers,” he suddenly witnessed something totally new. Like many of us, he was surrounded by evil but had been blind to it. It took a culture shock to galvanize Moshe. And then, when his true identity surfaced, he was forced to take the moral high ground. 

The text then relates that Moshe looked “this way and that.” Perhaps he was looking for a Jew to come to the slave’s rescue or even for an Egyptian lord to whom he could appeal. But he saw there was “no man” to promote the cause of justice. According to the Ramban, Moshe was so overcome with emotion that he raised his hand to the Egyptian. And suddenly, the most humble Moshe had taken the life of another. 

Maybe the “man” that Moshe did not see was Moshe himself whom he no longer recognized. While he is never formally indicted, the Midrash cites Moshe’s assault on the Egyptian as the final arbiter against his plea not to pass from this world. “Can you compare yourself to Me who gives life and takes it?” asks Hashem. Can any of us indeed? 

Shabbat Shaolm, Menachem Persoff, Director, Israel Center


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