SHABBAT PARSHAT K'DOSHIM - ROSH CHODESH Halachic Times for Jerusalem
Israel Summer Time Sunset, on the other hand, is given for an elevation of 825m and, in parentheses, as if at sea level. There are different opinions as to which sunset time should be used for halachic purposes. We present both times. The deadlines for the SH'MA and the Shacharit Amida can be calculated in two ways. Either considering the day to be from sunrise to sunset or from dawn to stars out. The first way of reckoning is known as the opinion of the GR"A, and is the first time given in each case. The second method is known as the Magen Avraham, and is presented in parentheses. Aside from candle lighting and havdala, the times are presented as a range, from the current Thursday of the issue of Torah Tidbits until the coming Thursday, a span of 8 days. Days between the two Thursdays can be determined by interpolation (which means: a method by which to estimate a value of between two known values - this is something that people above a certain age might remember from high school trigonometry and logarithms, but younger people who went to school during the calculator era might not be familiar with). It is usually wise to "pad" the
times with a minute or two in the "play it safe" direction. E.g.
Plag Mincha. Better to finish Mincha a minute or two before the
given time. But, better to not light candles until a minute or two
after the given time. The Molads announced in the last issue of TT were “messed up” a bit. The announced Molad, based on average and converted to Israeli Summer Time is Thursday, May 1, 1:26pm. The actual, astronomical Molad is less than 2 hours later, at 3:14pm. The actual Molad can be as much as several hours before or after the average time. The time from one Molad to the next averages 29d 12h 44m 1p. (18p=1min., 1part=33 seconds) The time between two “actual”
Molads varies. This is mostly explainable by Kepler’s Second Law of
Planetary Motion (more correctly, G-d’s law of Planetary Motion,
discovered by Kepler) and the fact that the orbits of the Moon
around the Earth and the Earth-Moon around the Sun are not circular.
The show came to mind as the Seventh Day of Pesach approached with the possible topic of “Miracles with Water”. The obvious direction to go with that topic is the Splitting of the Sea and the miracles within that super-miracle, such as sweet water to give Bnei Yisrael what to drink, the sea bed being comfortable dry for the passage of the People and turning muddy to bog down the Egyptian chariots, etc. But the topic of Miracles with Water is more than Yam Suf, more than the bitter water of MARA becoming sweet, more than water coming from a struck rock, more than a miraculous well in the merit of Moshe’s sister, Miriam. How about this one: Matter expands as it is heated and contracts as it is cool. This is so because when heat energy is applied to a substance, its molecules become more agitated and push neigh- boring molecules away. Cooler mole- cules can “tolerate” (so to speak) being closer to other molecules because they vibrate less (they are more restful). There is one substance that does not follow that (almost) universal law of nature: WATER. As water cools, it does, in fact contract. 40°C water is denser than 60°C water, and 10° water is all the more dense. But when cooling water reaches 4°C (that’s about 40°F), it stops following the behavior of all other substances. It starts to expand as it cools. 1°C water is less dense than 4°C water. So is 0°C water and ice. Colder ice reaches a point where it begins to contract again as it further cools, but the miracle of water has already saved the day! If water kept condensing as it froze, this is what would happen. Cold air would cool the surface of a lake or pond and as the surface layer would turn to ice, it would sink. The surface would continue to freeze and sink until the lake would become solid ice, and fish and other water creatures would die. Instead, when the surface of a lake freezes, the ice is less dense (and there- fore lighter) than the cold water below it. The surface ice then acts to insulate the water of the lake from the freezing air and life in the lake survives. Not as flashy as K’RI’AT YAM SUF, but no less a miracle. We are blessed with miracles that defy nature as we have come to know - and these miracles grab our attention in a special way. The miracles we get used to -
because they are part of the nature that G-d created - challenge us
to appreciated G-d’s world and not take it for granted. We may not "turn towards" idolatry in thought or words [213,L10] nor may we make idols [214,L3]. This specifically prohibits making idols for others. Both these mitzvot are among the many that are designed to keep the Jew far away from idol worship. Korbanot must be offered in the
Beit HaMikdash in a proper and pleasing manner. Specifically, one
must keep to the time limits presented for eating sacred meat (i.e.
not to eat sacred meat that is left over beyond the time limit for
eating the meat, NOTAR [215,L131]. Violation carries a death penalty
from heaven. Last Mishna of Makot - R. Chananya b. Akashya says: G-d wanted to merit the People of Israel, therefore he HEAPED upon us Torah and mitzvot... This is more than saying that G-d GAVE us Torah & Mitzvot. He says we should leave the corner for the poor and He forbids us from cutting the corner. He forbids us from eating and drinking on Yom Kippur AND He commands us to fast. He forbids Melacha on Shabbat AND commands us to abstain from Melacha. This is a demonstration of G-d's special relationship with the People of Israel. To the people of the world He "simply" said DO NOT STEAL. Many things are included in that prohibition, but the Ben Noach is commanded (one of the 7) on GEZEL. The Jew is given a whole set of mitzvot - in this case, prohibi- tions - against stealing and robbing, and withholding that which belongs to others, cheating in business, moving the boundary marker to illegally increase one's land, etc. Of course, the violator has an impressive set of charges against him. But the Jew dedicated to Torah and mitzvot is showered with the benefits of many mitzvot. (This was one understanding of the multiplicity of mitzvot.) Stealing [224,L244], denying holding that which belongs to someone else [225,L], and swearing to that effect [226,L249] are all forbidden. Swearing falsely [227,L61] is forbidden. Observation: "A" lent his camera to "B" and B denies that he has A's camera, and then swears that he doesn't have it. One might think that there are two violations here. Stealing and swearing falsely. But actually, there are three. Mitzva [226] overlaps both[225] and [227]. Swearing falsely is different from swearing in vain. Both are serious prohibitions. Take the following example as an interesting distinction between the two. If someone swears (with G-d's name) that a banana is an apple, that is NOT a false oath; it is an oath in vain. Of course, it is not true that the banana is an apple, but everyone knows that and can see it for himself. The oath did not falsely convince me that is was an apple. Such an oath is a frivolous misuse of G-d's name and the sanctity of an oath and is a violation of "Thou shalt not take G-d's name in vain". A false oath is one that people accept as truth, since they have no first-hand knowledge of the issue. When the lie deceives others, then there is falsehood. That the Torah says one who swears falsely disgraces G-d's name by doing so, is echoed by the Rambam when he distinguishes between "serious" sins and "light" sins. The Rambam puts into the serious category all sins that carry a death penalty... and swearing falsely. So destructive are false and vain oaths to the underpinnings of society, that it is categorized with the capital offenses. Withholding someone's property
[228, L247], robbery [229,L245], and delaying payment of a laborer
[230,L238] are prohibited. Notice that most people would rationalize
the situation and not consider merely delaying payment as a form of
theft. Nonetheless, the Torah implies that one is (can be?) as
serious as the other. (Helping someone do a wrong thing
is part of this prohibition - even if the other knows what he's
doing and wants to do it.) Neither gossip nor slander (regardless of whether what you say is true or false) [236,L301]; do not stand by while your fellow is in danger of life, limb, or property [237,L297]. Do not hate your fellow Jew in your heart [238,L302]; reproach SENSITIVELY your fellow [239,A205] being careful to avoid embarrassing him [240,L303] (even while reproaching him). Look carefully... Embarrassing your fellow is an EXTREMELY serious sin. The source is the context of reproach. Here is a Jew who is reproaching his neighbor for Shabbat desecration. If he doesn't handle it well and causes undue distress to the Shabbat violator, then the reprover is guilty of embarrassing someone. If someone in the process of fulfilling the important mitzva of HOCHACHA must be sensitive to the feelings of the transgressor, how much more so must we be careful never to embarrass others. Do not take revenge [241,L304]
nor bear a grudge [242,L305]; "Love thy neighbor..." [243,A206] One may not consult and rely on
omens, divination, conjuring, or some aspects of astrology
[249,250;L32,33]. Sanctify yourself and be holy. Cursing one's parents, even after their deaths, is forbidden [260,L318], a capital offense. The Torah now reiterates the forbidden relationships that were presented at the end of the previous sedra, Acharei. They are all capital offenses. The specific death penalties vary, but it is in the context that Rambam learns the command to Sanhedrin to carry out the punishment of "internal burning" when called for [261,A228]. Rambam holds that each of the four death penalties is counted separately among the 613 mitzvot. Once again, the Torah commands us
to preserve all of the mitzvot, thus preventing the Land from
expelling us. The implication here is that there is a strong tie
between all mitzvot and the Land of Israel, not just the mitzvot
known as being “linked to the Land”. In order to inherit the land of Israel, we must not behave in the abominable ways of the nations who preceded us there. We must distinguish between kosher and non-kosher animals (and life-styles); we must be holy and distinct from others. We are not automatically different from anyone else. Torah makes us different. Torah gives us our unique identities. Notice the dual role that every
Jew must play. We are each individuals and we are part of Klal
Yisrael. We are exhorted to keep the Torah as individuals, but we
are also "advised" to be faithful to G-d so that tragedies will not
happen to the People of Israel as a whole. Specifically, this chapter tells
us that G-d cannot be contained in the physical Mikdash, nor is He
interested in sacri- fices that are not offered with sincerity. This
message is appropriate all the time, and the association with
Shabbat - week in and week out - Rosh Chodesh - month in and month
out, fits well. When the seller sells a house without stating "and everything in it", accessory articles are not sold unless specifically included in the sale. This is true even if the seller has not reserved these things in selling the house. There are authorities who differ in this halachah and hold that if not reserved, the seller does not retain these things. When the seller sells a house, the sale does not include an upper floor or attic that has a separate outside staircase providing access to it. If Reuven sells his house to Shimon it does not include the veranda extensions around the house or the side chambers near the house. This is so even if the veranda or side chamber opens into the house. This holds true only if the veranda or side chamber is more than four cubits (seven feet) wide. However, if the side chamber or veranda is less than seven feet in width it is included in the sale of the house. This is so even if the veranda or side chamber does not open into the house, and this is the only entrance. Rooms behind the house that are at least four cubits wide are not included, nor are inner apartments or inner storage rooms, even if the house is sold by its boundaries: nor the roof if it has a parapet ten tefachim high (about 37 inches) and is at least four cubits wide, even if it is not covered: nor a pit, nor a cistern in the house. Regarding air rights and subsurface rights, I have divided them into three categories. (Air right means the right to use the air above the property that is being sold.) Assume that Reuven owns three adjoining parcels of real estate. The one on the east, the middle parcel and the one on the west. Reuven sells the middle parcel to Shimon and Reuven still owns two parcels the one to the east of the parcel sold to Shimon and the one on the west of the parcel sold to Shimon. If Reuven retains the air rights over the middle parcel that he sold to Shimon, Reuven can build a bridge from the parcel on the west to the parcel on the east over the middle parcel. If Reuven retains the subsurface rights and oil is discovered on the middle parcel, Reuven has the ownership of the oil. I have divided the sale of land with a house thereon into three types of sales depending upon the language of the deed. (1) The deed is silent as to air rights and subsurface rights; (2) the deed contains a limited description of the air above the house and the earth beneath the house; and (3) the deed contains a full description of conveying the airspace and the subsoil to the buyer. These three situations will now be discussed. (1) Reuven sells a house to Shimon and the contract or deed is silent as to other rights. The rights to the air above the house and the rights to the earth beneath the house remain with and belong to the seller; the buyer acquires none of them. The seller has the right to build above the house sold to the buyer and to dig into the ground beneath the house so long as he can gain access from the side of the house and does not damage the house while doing such digging. The seller can build above the house by building on towers or pillars built alongside the house sold to the buyer. He may not use the house that he sold or the walls of any courtyard that was sold for support of his new structure. There is an opinion that the seller cannot excavate under the house that he sold to the buyer since there will almost always be a weakening of the house. With modern methods of shoring up structures, the seller could probably obtain permission from Beth Din to do such excavations. However, if the buyer excavates under his house and constructs any rooms, wells, or anything else, they belong to the seller. If the seller sells to the buyer
a courtyard with no structures therein without any specificity
regarding air rights or sub- surface rights, then the buyer obtains
all air rights since there is nothing on the land to state that this
is what is conveyed to the buyer and all else is retained by the
seller. Similarly, if the courtyard contains a house with land
surrounding the house on all four sides, and the seller sells the
courtyard and everything in it, the buyer obtains all the air rights
in the courtyard. (3) The deed states "And I convey to you from the bottom of the deep to the height of the sky." The airspace above the house and the earth beneath the house are transferred to the buyer. With this type of description of the thing conveyed the buyer also acquires the wells, pits, cisterns, and storage areas beneath the ground together with the rights for construction and the mineral rights. He also obtains the roof and things above the roof up to the sky and may construct there without any claims on the part of the seller. In this case if the seller has a house adjoining the house that he sold and the sold house has in it a heating plant (or any other jointly used facility) for both houses, the buyer cannot prevent the seller from using the heat from the heating plant located in the buyer's house. The subject matter of this lesson
is more fully presented in Volume VI Chapters 214 of"A Restatement
of Rabbinic Civil Law" byE. Quint, published by Jason Aronson, Inc.
and on sale at local Judaica bookstores. The Shulchan Arukh rules that it is forbidden for merchants to hoard produce in times of famine, as well as to move produce from one area to another. The Shulchan Arukh states that such speculators are considered like usurors (SA CM 231:23-26). This law is of particular interest because it opposes conventional economic wisdom which stresses the importance of speculation in minimizing the impact of famine by ensuring that reserves are not consumed so early that famine becomes truly dangerous. This is parallel to the law forbidding usury, as opposed to economic convention which views interest as essential to the appropriate allocation of capital. The gemara bases this prohibition in the following passage from the prophet Amos (8:4-6): "Hear this, you who would swallow the needy and destroy the downtrodden of the land; who say, When will the month pass so that we may sell grain, and the Sabbatical year so that we may open our granaries?... So that we may buy the poor for money and the needy for a pair of shoes." (Bava Batra 90b) We see that the basis of this prohibition is not an economic one. What interested the Sages was not the economic consequences of hoarding but the tragic human consequences: the result is that the solidarity of society is destroyed. The speculators, instead of sharing the general interest in relief, now have a private interest in continued distress, which will enrich them. They ask, "When will the month pass?" Rashi on Bava Batra explains that they can't wait for the harvest season to pass, when there will be a shortage of grain in the market and prices will rise. Furthermore, these individuals are enticed to go beyond their desire for monetary enrichment, which is in itself reasonable, and to seek dominance over others: "So that we may buy the poor for money". This is a tendency which the Torah repeatedly condemns since we are all servants of G-d. "For the children of Israel are slaves to Me"; and our Sages infer, and not slaves to other human beings (Kiddushin 22b). This understanding is exactly parallel to the approach we presented to the laws of interest, where based on Rav Kook and Rav Natan of Breslav we explained that the problem with interest is that the legitimate economic relationship of creditor and debtor is almost inevitably accompanied by an inappropriate human relationship of social domination, as it is written: "The rich man rules over the poor, and the borrower is the slave of the lender" (Mishlei 22:7. See column from TT390, Vayera 5760). This law also embodies an additional principle of the Torah's approach to economic life: the idea of G-d's provi- dence. Unlike conventional economics which defines itself as the science of scarcity, our tradition looks at economic life as the "Torah of plenty". HaShem repeatedly promises us that if we do His will, then He will bless our economic endeavors with success and blessing. Therefore, appropriate prudence in saving for times of scarcity is justified, since this is part of our general mandate to exercise due prudence and foresight in all economic endeavors, and not to rely solely on miracles. For this reason the Shulchan Arukh states that producers are indeed permitted to warehouse produce. But excessive speculation display a deeply rooted conviction that scarcity will continue; this contravenes our basic faith in G-d's providence. The Tur, based on the Tosefta (Avoda Zara 5:1) states that this prohibition applies specifically in Eretz Yisrael. This fits in with the approach which views this law as a principle of providence, since Eretz Yisrael is the source of providence for the entire world, as Rashi states, "By virtue of the supervision by which He looks over [Eretz Yisrael] He looks over the other lands." (Devarim11:12). Other author- ities add that the rule applies in all Jewish communities, which fits in with the human explanation. This prohibition, like that of interest, doesn't apply in dealings among non-Jews, since at these period of history relations of dominance are an inevitable feature of these dealings. IYH many future columns will deal with these and other principles which find expression in the Torah's monetary laws. “Meaning in Mitzvot” is now undergoing intensive editing; which will be followed IYH by printing. With the help of loyal supporters, we hope to have the book on the shelves by Rosh HaShana. If you would be interested in helping with publication, please contact Rabbi Meir about making a dedication or subscription (advance purchase): email mail@asherandattara.com, fax 02-642-3141. 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 Q I am disturbed by the refusal of some religious Jews to stand for the siren on Yom Hazikaron (Israel Memorial Day). Someone told me it is forbidden to do so. If this is so, why doesn't the rabbinate come out against it? If not, shouldn't all religious Jews stand? A Those who say it is forbidden to stand for the minute of silence on Yom Hazikaron claim it is a problem of chukot hagoyim (following practices of gentile nations). Indeed, the practice was learned from non-Jews, and there is such a prohibition, which is learned from Vayikra 18:2. However, we have not found a published p'sak that rules that it is forbidden and explains why (it is possible that one exists). Furthermore, based on the classical sources on the subject, it is difficult to forbid the practice on halachic grounds. There is an apparent contradiction between two gemarot on the parameters of chukot hagoyim. There was a practice of both Jews and non-Jew to burn objects after their king's death. The gemarot agree the practice is permitted, but give different reasons. Avoda Zara 11a says that the activity does not fall under the category of chuka, but is an act of chashivuta (showing importance). Sanhedrin 52b says that it is a chuka but is permitted only because there is a pasuk (Yirmiya 34:5) that makes it a Jewish practice before a non-Jewish one. Tosafot (Avoda Zara 11a) explains that these gemarot are complementary. The chuka of Avoda Zara refers to a practice connected to idol worship proper. In such a case, a preceding Jewish source for the custom is insufficient. But, says the gemara, the burning was not an idolatrous act. Sanhedrin refers to a general, gentile process, which is permitted only if there is a Jewish precedent. We need to define what counts as a chuka, because if we go to an extreme, we would have to forbid all sorts of things, such as wearing a suit and tie (see Igrot Moshe YD I, 81 who explains why this is not so). The Maharik (88) explains that practices that are initiated by non-Jews for logical reasons and are not negative in nature are not considered chukot at all. The Rama (YD 178:1) paskens like the Maharik, as do a predominant majority of poskim (see Maharam Shick YD 165, Yabia Omer III, YD 24, and many others), despite the GRA's (YD 178:7) protestations. (See Rav Y. Henkin's article in Techumin IV, where he tries to prove that the GRA would agree in our case.) It is not always simple to apply
the rules to contemporary situations. For example, in three teshuvot,
Rav Moshe Feinstein z.t.l. wrestles from different perspectives with
the issue of whether elements of the American Thanksgiving holiday
are chukot hagoyim (Igrot Moshe YD IV, 12 deals with the
contradiction). But in our case, the Maharik's requirements are
clearly met. Anyone who has experienced standing at the siren as the
whole country stops everything together, silently contemplating the
sacrifice and contribution of the fallen kedoshim, knows how
effective a remembrance it is. It is, thus, fully logical and
permitted. R’ Moshe Ze’ev, the rav of the town, summoned the miser to see him. The man defended himself against R’ Moshe Ze’ev’s sharp criticism: “The Torah states, ‘You shall love your neighbor as yourself,’ and I can assure you that I myself, don’t eat anymore than I give these poor people.” “While you might have learned
once”, said R’ Moshe Ze’ev, “you evidently overlooked something in
your studies. The Gemara tells us that the angels asked Hashem why
He favors the Jewish people over the other nations. Hashem replied,
‘How can I not favor them? I commanded them, “You shall eat and be
satisfied and bless Hashem”, but they are more string- ent upon
themselves and thank Me, without being satiated, after eating only
an olive-sized piece of bread’. Why does the Gemara state that they
are stringent upon themselves? Could it not state simply, ‘they are
stringent?’ This teaches us that a person can be stringent only upon
himself, but when it comes to feeding the poor, he has to give them
enough so that they can ‘eat and be satisfied.’” It is unfortunate that our
greatest experts are those who know, not what should be done, but
what has or what should have been done. - From A Candle by Day by
Rabbi Shraga Silverstein In Kiddushin 37a, we learn that
in Eretz Yisrael orlah is forbidden by Torah law, whereas outside of
Eretz Yisrael the prohibition is halachah L’Moshe miSinai, i.e., a
law that has no Scriptural basis, but according to tradition, was
given to Moshe orally at the same time as the written Torah. This
accounts for the difference regarding safek orlah. Chazal propose
two reasons for the different status of orlah inside and outside of
Eretz Yisrael. They first suggest that the Scriptural law of orlah
applies only in Eretz Yisrael because the relevant Torah section
opens with the words, "When you come to the land and plant…." (Vayikra
19:23). Chazal, how- ever, reject that explanation, pointing out
that the mitzvot of tefillin and firstborn domestic animals are also
introduced with those words, and yet they apply even in chutz
la'aretz. They then propose that since orlah is a chovat karka, "an
obligation of the land," the prohibition has particular significance
in Eretz Yisrael. the duty of Aliya to Eretz Yisrael, the duty to plant fruit trees in Eretz Yisrael, and the duty to observe the mitzva of orlah. He then suggests that we may
understand the fruit trees as a metaphor for talmidei chachamim, the
verse implying that Torah study is best in Eretz Yisrael. So it is timely that parshat Kedoshim reminds us of the over- riding purpose of our existence - to be holy. This concept infuses us with a mission that requires that we both defer to the Holy One, our Creator, and also subdue our egos for the good of society as a whole. This calling affects every aspect of our consciousness, our actions, our speech, and our thoughts. We must not worship idols, we must not gossip, and we must not hate our brother in our heart. Moreover, we must do righteous deeds; we must love our neighbors as ourselves. Most significantly we need to be
wary of those more subtle behaviors such as deceit, denial of
obligations, and gains sought through flattery, which the Torah
incorpo- rates into its moral teachings. It seems that one thing
leads to another (Rashi, Vayikra 19:11), for it is written: "You
shall not steal, you shall not deny falsely, and you shall not lie
to one another. You shall not swear falsely by My Name, thereby
desecrating the name of your G-d - I am Hashem". The cutting of the grain - "the day after the Shabbat" - needed for the Omer meal- offering inaugurated the seven-week period of Sefirat Ha'Omer - the "counting of the Omer". Beginning on the second day of Pesach, the counting culminated on the 50th day with the Festival of Shavu'ot. The date of Shavu'ot was dependent on when the Omer was cut and offered in the Beit Hamkidash. The Tzidokim - the Sadducees, a
dissident group which existed during Second Temple days - maintained
that the seven weeks of the counting of the Omer as ordained in the
Torah were to be counted literally "from the day after the Shabbat".
That meant that the Omer would be brought on the Sunday after the
first day of Pesach. Therefore if the first day of Pesach was on a
Thursday (the Seder being Wednesday night), the Omer would be
offered in the Beit Hamikdash three days later on the following
Sunday. The counting of the seven weeks by their calculation, would
then begin on the Sunday after the first day of Pesach and Shavu'ot
would therefore always fall on a Sunday seven weeks later. CHAZA"L,
the Sages, emphasizing the connection between Pesach and Shavu'ot,
taught us that the "day after the Shabbat" meant the second day of
Pesach, i.e. the 16th of Nisan no matter which day it fell on. The
Oral Law teaches us that the first day of Pesach - Yom Tov - was
itself the 'Shabbat' prescribed in the Torah because, on Yom Tov,
like Shabbat, Melacha - a technical term usually mistranslated as
"work" - is forbidden. The barley destined to be used for the Omer offering was grown in selected fields, facing south for maximum sun, blessed with fertile soil, needing no irrigation and with no trees. "How was (the field) prepared? In the first year it was broken up - cultivated - and in the second year, sown seventy days before Pesach. Thus it would produce fine flour in abundance." To increase the yield and quality of the grain, only half of the field was planted each year and the other half was left fallow. The following year the procedure was reversed. The Mishna describes how the reaping of the Omer was done at the conclusion of the first day of Pesach with as much pomp and publicity as possible. "How was it made ready? The messengers of the Court used to go out on the eve of the Festival (Erev Pesach) and tie the (unreaped barley) in bunches, but still attached to the ground, so it would be easier to cut. And the people from the nearby towns would gather there so it would be reaped with great pomp. When it grew dark (ending the first day of Pesach and beginning Chol HaMoed), the reaper called out to the people, 'Has the sun set?' and they would answer 'Yes!' (And he would ask again) 'Has the sun set?' and they answered 'Yes!' Then he asked, '(Should I cut) with this sickle?' and they answered, 'Yes!' He repeated, 'With this sickle?' and they answered, 'Yes!' 'Into this basket?' They answered 'Yes!' 'Into this basket', Yes!" The Mishna continues. "On Shabbat, (i.e. Friday night - the eve of the second day) the reaper would say to the people, 'On this Shabbat? (The Teferet Yisrael rephrases the question. "Should I do all these [forbidden] Melachot on this Shabbat?) The people answered 'Yes!' and he would repeat, 'On this Shabbat?' and they would answer 'Yes!' He would ask, 'Shall I reap?' and they would answer 'Reap!' 'Shall I reap?' 'Reap! The reaper used to call out three times for every matter and they answered 'Yes, yes, yes." And why did they do all this? Because of the Boethusians (akin to Sadducees) who used to say, 'The Omer might not be reaped at the end of the (first) day of Pesach." (Menachot 10:3) The Omer offering was by tradition not a sheaf but rather an Omer's measure of early ripened barley (Note Rashi on Vayikra 23:10). Needless to say, if the flour became maggoty, it was invalid for the Omer offering. As soon as the Kohanim finished offering the Omer in the Beit HaMikdash on the second day of Pesach, the people in Jerusalem were permitted to eat Chadash - the years' newly ripened grain. Elsewhere in Eretz Yisrael, Chadash could only be eaten after noon of the second day of Pesach, the 16th of Nisan. By then, they could be certain that the Omer rite in the Beit HaMikdash had already been concluded. In fact, in the days of the Mikdash, no new grain could be harvested at all until the barley for the Omer offering had been gathered and offered. After the destruction of the Beit HaMikdash, R. Yohanan Ben Zakkai decreed that Chadash could not be eaten during the entire 16th of Nisan. "They reaped it (the barley), and they put it into the baskets and they brought it into the Azara - the Temple Courtyard." On the morrow, the Omer would be offered in the Beit HaMikdash permitting the eating of Chadash, the newly ripened grain, throughout Eretz Yisrael. <to be continued> Catriel Sugarman gives
illustrated lectures on the Beit Hamikdash and related topics. He
can be reached at (02) 652-7531 or by email at acatriel@netvision.net.il.
Catriel is in the process of writing a book entitled: The Temple of
Jerusalem, A Pilgrim's Perspective: A Guided Tour through the Temple
and the Divine Service. Let’s easy back into this column with a review of several different topics, using this week’s sedra for examples. Vayikra 19:18 contains the popular partial pasuk - Love thy neighbor... First word of the phrase is v’a (with a secondary accent on the ALEF-KAMATZ) hav-TA, with the main accent on the TA, the last syllable. The word is pronounced MILRA. Not MIL’EIL, as would be the word a’HAV-ta, you loved. Past tense. The VAV at the beginning of the word switches tense to the future, and you will (or shall) love. The tense-switch of the VAV is accompanied by a switch of the accent to the last syllable. This is so for most words of this type, but not all of them. There are eight such words in K’doshim that need to be properly accented on the last syllable. Accented MIL’EIL means the VAV is only conjunctive (AND) and does not flip tense from past to future. Thus, the meaning of the word changes and the error (of the Baal Kri’a should be corrected). Same phrase. Your fellow. REI-A’CHA. The AYIN has a CHATAF-PATACH under it. This is an AYIN’s equivalent to a SH’VA. CXHATAF-vowels do not get accented. The word is to be pronounced MILRA. rei-a’CHA. However, if the word rei-a’CHA carries the Torah note (TROP) of ETNACHTA or SOF PASUK, in other words, if the word has a strong stop on it, then the CHATAF-PATCH of the AYIN changes to a SEGOL, and the AYIN-SEGOL draws the accent. The word becomes MIL’EIL. rei-E-cha. Go back a few p’sukim to 19:16, ...LO TAAMOD AL DAM REI-E-CHA. There are name examples of each form of the word. But remember that the vowel changes and so does the syllable to be accented. Now look in 19:15. Don’t pervert justice... V’LO TEH-DAR P’NEI GADOL, don’t show special respect for a great person (who stands before you as one party to a court case). TEH-DAR. Not the easiest word to pronounce correctly. The HEI has a SH’VA. The SH’VA is NACH. It closes the first syllable of the word. TEH. And the HEI is heard. (Should be heard.) The HEI with a vowel is not silent. It is as if it has a MAPIK (dot) in it (as we find in some words when the HEI is the last letter). The word is neither TE-DAR (as if the HEI was silent) nor TEHEDAR, as if the SH’VA were NA. Remember, when a HEI within a word has no vowel under it, then it is as silent as the HEI (without a MAPIK) is at the end of a word. The NASI of SHEVET MENASHE (as listed in the first chapter of Bamidbar) is GAMLIEL ben P’DATZUR (the HEI after the DALET is unvoweled and therefore totally silent). Not P’DAH-TZUR. Now go to 19:36. Scales of Justice... The word for scales of is mo-Z’NEI. The accent is MILRA and the SH’VA under the ZAYIN is NA, meaning it does not join the MO in its syllable, but rather is joined to the NEI syllable that follows it. However, because the word that follows it in the same phrase is TZE-dek, itself a MIL’EIL word, then the accent of the previous word (often) migrates back (NASOG ACHOR) to become MIL’EIL also. So mo-Z’NEI becomes MO-z’nei in the phrase MO-z’nei TZE-dek. It gets a little more
complicated. If the word were MIL’EIL in the first place, then the
MO syllable would have pulled the ZAYIN to it, changing the SH’VA
under the ZAYIN from NA to NACH. The word would have been MOZ-nei.
But since the word is only MIL’EIL because of NASOG ACHOR, then the
MO does NOT pull the ZAYIN and the ZAYIN’s SH’VA remains NA and the
ZAYIN remains with the second (last) syllable. MO-z’nei TZE-dek... I was on another tiyul when we
were still hoping for enough seniors to sign up. At that point our
signup situation was so bad that while I was walking through an
ice-cold lake up north, I began making calls to cancel our
arrangements. My Phone suddenly lost connection, so there was
nothing I could do about the senior tiyul. As I stood shivering in
the middle of the ice-cold lake I made a decision that I have agreed
to stand by through out my NESTO days - I will not let senior NESTO
fall! If people don't want to come, I will force them! And so that
is what we did. With the help of 3 dedicated seniors, we managed to
get just enough chanichim to sign up! The tiyul was unbelievable! It
was spiritually uplifting as well as full of action and thrills.
Fun, Judaism and good food - the perfect combination for an
excellent day! In Tzfat we visited "Beit HaMeiri"
where we learnt about the history of the holy city and almost
relived the era. Later, we arrived at Kever Rashbi for one last
taste of Tzfat. When we all finished davening, we sat down at 1:00
in the morning, with a hot cup of tea in our hands and enjoyed a
group activity. All's well that ends Sabab. Although we didn't have as many Junior NESTOers as usual, their tiyul was a great success! It was the first day of Pesach
vacation and the chanichim were up and about bright and early,
prepared to climb down Har Arbel. Later, we all gathered in the
center of Tiberias for a group activity followed by a barbecue
lunch! Our last stop before we headed home was at Kever Rabbi Meir
Baal HaNes. We had a great time and all ran smoothly, except for
Arieh who ran a bit crooked and cut his leg open! Why does it not
shock me that these things always happen to Arieh? THE TIYUL HOTLINE Dial the Israel Center's number 5-66-77-87, then press 211. You'll hear "thank you, one moment please", and then the phone system's music for 15 seconds (or less). Then the Tiyul Hotline message begins. You can listen to the whole message and then press 2 to leave your message, or you can interrupt by pressing 2 right away and leaving your message sooner. What’s for lunch? When a tiyul says “bring your own lunch”, you can buy one instead from the Israel Center Cafe. Call the TRAVEL DESK or TIYUL HOTLINE up to the day before the TIYUL and request a box lunch. 18š will get you a delicious sandwich (specify your preference), a refreshing drink (specify regular or diet) and a dessert. Your box will be ready for you when you board the bus. TIYUL POLICIES Please note: We reserve the right to charge a cancellation fee in case of last-minute cancellations. (Please speak to Rochel at the Travel Desk when making reservations.) Also... Price of tiyul is based on a minimum number of participants. Students from Abroad Are your parents planning on visiting you some time this year? If so, you want to speak to us! (566-7787 ext. 211 or 249). We have many attractive deals for them... and you. Let us turn an ordinary “been there, did it” visit into an unforgettable, special one! KASHRUT POLICY Food for Israel
Center In-House programs is supervised by OU-in-Israel - Mehadrin.
Israel Center sponsored trips and programs are under Mehadrin
Hashgacha. Hotels, restaurants, and tiyulim advertised by the Travel
Desk or by outside parties are not necessarily Mehadrin and are not
endorsed by the OU or the Israel Center. Let us take an excursion into one aspect of the temporarily hypothetical situation that will hopefully become a reality speedily in our time. Picture this: Israel Center Shabbaton and tiyul to Tzfat. It is Friday evening, May 2nd, ‘03, Mincha and Kabalat Shabbat are done and after a five-minute Dvar Torah we will be davening Maariv. You must include in this picture that we already have a Sanhedrin, alive and well in Yerushalayim. Further, that Friday is the 29th of Nissan (not the 30th as it actually is). This would be possible in the time of Sanhedrin. You decide to sneak out of the shul for five minutes of fresh air, rather than listening to the Dvar Torah. It is beautiful weather, you take a couple of exhilarating deep breaths and you look toward the western horizon where the sun has recently set. The sky is just changing from pink to purple. You notice Venus, the bright evening star (which, of course is a planet, not a star). And you notice something else. A very thin, slightly curved, dim line of light. You aren’t even sure that you saw it. You look away and then back. First you are puzzled. Then it dawns on you. What you are seeing is - or at least, might be - the L’VANA B’CHIDUSHA (“the moon in its newness”), the first visibility of the lunar crescent. And a few minutes later, it’s gone. You go back into shul just in time for BORCHU, and after Maariv - this is what you do. You get into a car and drive to Yerushalayim in order to testify before the committee of judges from Sanhedrin as to what you saw. No car - you’re on a tiyul. No problem - one of the locals will drive you. Are we talking about Friday night? Yes we are. According to Torah Law, witnesses to the first visibility of the Moon can “violate” Shabbat for ALL months. By rabbinic decree, the permission was restricted to months “that count”. This, the Mishna teaches, means Tishrei and Nissan because of the fixing of the holidays that follows from the determination of the Rosh Chodesh of these two months. The Mishna adds that in the time of the Beit HaMikdash, all months are “crucial” because of the Musaf korbanot of Rosh Chodesh. For the sake of this hypothetical, we will say that the Beit HaMikdash is standing and therefore testimony for Iyar is "important”, allowing (actually, requiring) that which would otherwise be a violation of Shabbat. Meanwhile, in Jerusalem, the committee of members of the Sanhedrin in charge of Kiddush HaChodesh, has in its possession, a computer printout with all pertinent infor- mation concerning the Moon: will it be visible? How high above the horizon? To which side of the recently set Sun? How thick a line of light will be seen? What angle will the first crescent make? All these details are able to be calculated with high precision. And this is not based on new, modern knowledge; the necessary calcula- tions have been available to our Sages for many centuries. Furthermore, Rambam states that the Sanhedrin is required, as part of the mitzva of Kiddush HaChodesh, to make these calculations, so they will be able to intelligently question potential witnesses. Realize how different this is to other kinds of testimonies. Generally, judges of a Beit Din are unclear as to the facts of a case, and witnesses supply those facts for the judges. If the witnesses are deemed acceptable to the court, then truth and the consequences thereof will be established. Beit Din does not know if A killed B or not. Witnesses will tell them if A is a killer or not. Beit Din does not know if A owes B a sum of money. The facts will be fixed based on the testimony of proper witnesses. In the matter of Kiddush HaChodesh, the judges know EXACTLY what the facts are. And the potential witnesses are often not entirely certain that they actually saw the “newness of the Moon”. After they testify and are questioned, the judges will tell them if they actually saw the L’vana B’chidusha. And still, our witness from Tzfat is going to drive to Yerushalayim to appear before judges who KNOW better than him what the facts of the month are. So why is he driving on Friday night? More. Sanhedrin has discretionary powers to proclaim Rosh Chodesh in certain circumstances, without witnesses. Perhaps they should exercise that power on Shabbat to render it unnecessary to “violate” Shabbat? They do not. The p’sukim that culminate the description of Creation in the beginning of B’reishit are the ones we use in the Friday night Amida, and after the Amida, and again at Kiddush, to proclaim G-d as the Creator of the World. In the VAYCHULU passage, we see that G-d blessed Shabbat and sanctified it. He sanctified Time and taught us about the sanctification of time. This is Shabbat. In the Aseret HaDibrot, He commands us to remember the Shabbat and to sanctify it. And He explains again, that we are to keep the Shabbat, because He blessed Shabbat and sanctified it. While the people of Israel were still in Egypt, He commanded Moshe and Aharon - as the representatives of the soon-to-be nation, to sanctify time by proclaiming Rosh Chodesh, and to further sanctify time be fixing the Chagim based on Rosh Chodesh. In these commands, G-d emphasized our role in this act of sancitication. LACHEM, this month is for YOU... it is the first of the months for YOU. These are the holy days of G-d that YOU shall declare... They are sacred days to G-d, but we give the days their sanctity. G-d made the people of Israel His parnters in the implementation of a truly amazing concept - the Sanctification of Time. He did it on His own (so to speak) with Shabbat. He created the world. He “rested” on the seventh day. He made that day, Shabbat, holy. He commanded us to treat it in the special way that halacha requires. Kiddush and Havdala. The prohibition of Melacha, etc. But G-d made Shabbat and then brought us into the picture, so to speak, to make and keep Shabbat. With the Jewish Calendar, with Rosh Chodesh, with Yomim Tovim, G-d did some- thing else. Something more. He involved us, not after the fact, but as the prime movers of the process. If we sanctify Rosh Chodesh, then it exists. If not, it doesn’t. If we don’t sancitify Rosh Chodesh Nissan, then 15 days later is not Pesach. The day would have no Kedusha, matza would not be a mitzva, chametz would not be forbidden. If we make a mistake in the fixing of Rosh Chodesh, our mistake stands and G-d, so to speak, adjusts His calendar to match ours. Shabbat’s Kedusha is higher than that of Yom Tov. We therefore might have expected not to be able to travel to Jerusalem on Leil Shabbat in order to testify to the sighting of the Moon. If the knowledge of positions of the heavenly bodies is able to be known without the necessity to “violate” the Shabbat, we might have expected to be required to bypass the testimony for months that testimony would “interfere” with Shabbat. Especially if the system allows for bypassing testimony for other reasons. But that’s not the way it works. G-d has His Shabbat step aside, so that we can perform our act of Sanctification of Time. This, of course, was the way G-d wanted to do this. It could have been different. We would well understand matters if the halacha would forbid “chilul” Shabbat for Kiddush HaChodesh. In fact, many of the details presented here should raise many an eye- brow from those not previously aware of them. There is something not quite logical in much of the above. Even in the “other” example of being allowed (required) to do things on Shabbat that would ordinarily be prohibited - namely, PIKU’ACH NEFESH, life-threatening situations - we have an easier time under- standing why we can “violate” Shabbat to save someone’s life. Testimony for Kiddush HaChodesh does not SEEM to be as “major” as saving a life. We must remember that the command of Kiddush HaChodesh is where “it all began”. Before we came out of Egypt, before Pesach existed, before Pesach became the center of the cycle of the Jewish Year... there was Kiddush HaChodesh. It is the foundation, the pre-requisite, upon which the Calendar is based, and upon which our national identity is founded. And, in many ways, it is the basis of the functioning of the Beit HaMikdash and all of Jewish Life. We must also soberly realize that G-d has distanced Himself from us since the destruction of the Beit haMikdash and the demise of the Sanhedrin by relegating us to the sidelines, as observers to the process of fixing the Calendar. We do not sanctify each Rosh Chodesh - this was done by a previous Sanhedrin. We make the calculations and print up the calendars. We announce the coming Rosh Chodesh and say Yaale V’Yavo and Hallel on it. But we aren’t - at the moment - active partners with G-d in this special Divine endeavor. But we will yet be. Our prayers
and our actions must elevate us and bring us closer to the time when
we will experience the Geula and once again crowd into the courtyard
of the Sanhedrin and repond to the NASI’s declaration of M’KUDASH
with a rousing M’KUDASH, M’KUDASH. On another Rosh Chodesh note... Rinat Yisrael has put the piece back into the Amida of Shabbat Rosh Chodesh in the fourth addition of their Siddur. A few other Siddurim have the full text, as well. The DBS database of prayers has it, too. We include it on this Rosh Chodesh pull-out for your information, and possibly for your use. If you are so inclined, it would be prudent to ask your own Rav if it is okay for you to say this version of the bracha. By the way, the phrase in
parentheses is said during a Shana M’uberet (13-month, 2 Adar year),
but only until (but not including) Nissan. It is included here for
use during the first part of 13-month years to come, but we do not
include it anymore during this year. A rabbinical perspective on financial considerations of Aliya appears in "The Excuse of 'Parnasa' as a Factor for not Coming on Aliya to Eretz Yisrael", a halachic essay in Hebrew by Rabbi Ari Yitzchak Shvat. Published in the latest Techumin (volume 22), Rabbi Shvat discusses the mitzva of living in Eretz Yisrael, the principals of allocating funds for mitzvot and financing the mitzva of living in Eretz Yisrael. The essay deals with lowering the standard of living, changing professions, unemployed olim, and the importance of government assistance for olim. Techumin is a series of books edited and published by the Tzomet Institute of Alon Shvut. The essays in Techumin (Hebrew acronym for Torah, society and state) present Halachic issues that arise in modern society. Eretz Yisrael in Our Sources •
Ten measures of wisdom descended upon the world - nine were received
by Eretz Yisrael and one by the entire world. Kiddushin 49 Assisting the Oleh • Tnuat Aliya is a branch of the Immigration and Absorption Department of the Jewish Agency. Its goal is to bring Jews closer to Israel, by providing relevant program options which offer them a taste of "real life" in Israel. The following is a partial list of programs: • The Professional Internship
Program offers independent young adults, aged 19-35, a volunteer
internship, allowing them to work in Israel in a variety of
professions. This program is individual and run year-round. Work
placement, housing, and a monthly stipend are provided, along with
educational seminars and tours. For more details about Tnuat
Aliya contact: Here to Stay • Inspiring stories of olim from different periods of aliya are welcome. The essay should be up to 450 words long and emphasize one of the following: motives for aliya, contributions to Israel, how Israel contributed to the oleh, the main challenge in aliya and overcoming it. Please avoid publicizing businesses. Send the essay to: aloh-naaleh@aaci.org.il. Jerusalem Post columnist Barbara
Sofer of Jerusalem is author of Kids Love Israel, Imagine a New England covered bridge over the flowing Salmon River of Southeastern Connecticut. I was 17, on a retreat for leaders sponsored by Young Judaea, the Zionist youth movement. We were walking alongside the river. The shaliach, sent from Israel to catalyze our Zionist thinking, caught up to me. What was I planning for my Zionist future, he wanted to know. College acceptances hadn't come in yet, but I assured him I'd be active in Zionist activities on whatever university I attended. He waved his hand downwards. "I thought you were serious," he said. No one ever told you that you were serious or not in America. I was insulted. I considered myself a hyper- serious adolescent. Why else would I be walking around the Salmon River talking about Ahad Ha'am, Theodore Herzl, and Zionist Congresses while most of my friends were at the beach in New London? Later that day, I had a sort of epiphany. Standing in the water-rich countryside, I pictured myself trudging through the Negev. A summons. I've never regretted that moment of revelation. Three decades later, every- thing I am today has been informed by my experience of being part of the Jewish people's dazzling, dizzying experiment in state-building. I have now lived most of my life here, (although I haven't lost my Connect- icut accent) and I've brought up my family here. My husband Gerald Schroeder and I have our first sabra grandson, a 4th-generation moshavnik on the other side, a second-generation Israeli on ours. I have been writing most of my
life. As a child, I wrote stories to read to friends during recess.
As a teen, I preferred writing youth columns for newspapers to
babysitting. But for my early years in Israel, I taught high school
English in Migdal Ha'emek, Jerusalem, and at Kibbutz Maagan Michael.
In those years, my husband was doing his experiments in nearby
fishponds. I wrote a book of children's stories about a mouse in a
Jewish kitchen: The Holiday Adventures of Achbar. In Israel, we're always aware of the thin line between truth and fiction. The falsification of life here by our enemies who manipulate half-truths. Over the last few years, I have been drawn into the country's public relation efforts. As the Israel spokesperson for Hadassah, the Women's Zionist Organization of America, I have been able to connect foreign news media with leads to true stories which show Israel in a positive light. I have continued my own writing, both non-fiction and fiction, and spend part of my time speaking. Today, even more than the past,
I'm aware of the sacred duty, not just on Chanuka, to publicize the
miracles that take place in our Jewish state. I'm also reminded
daily that miracles don't happen in a vacuum. They require our own
constant efforts, our self-criticism, our need to maintain the
values of Judaism and democracy and our unwavering faith. The synagogue of the Ein Kerem hospital is decorated with the stained glass windows made by Marc Chagall. What is considerably less known is that the Mount Scopus hospital also has a major work of art by one of the great 20th century Jewish artists: the last sculpture created by Jacques Lipshitz. The "Tree of Jewish Life" was described by Lipshitz as "depicting the history of the Jewish People and symbolizing the dynamism of our faith, the source of our dreams and spiritual aspirations". Standing six meters high, the sculpture is straight ahead as one enters the gate of Hadassah Hospital. The roots of the tree depict Noah, through whom all of mankind was saved. Standing on Noah's back is Abraham, with knife in hand ready to sacrifice his beloved son Isaac. Abraham's right hand is held by an angel, preventing Abraham from carrying out the sacrifice. Abraham's left hand rests on the head of the ram which was offered in place of Isaac. Above Abraham is Moses, looking up at the Ten Commandments. Moses' right hand supports the tablets, while his left hand is held as in priestly blessing. Beyond Moses, flames arise, symbolizing the Holocaust. On the right side, the flames begin to form a human figure, the phoenix rising out of the ashes, representing the rejuvenation of the Jewish People after the Holocaust. There are six flames, which together with Moses' hand form a menorah. The themes which Lipshitz has presented are sacrifice and tradition. The tree may appear to be unstable, about to fall over. The ultimate message is that despite the precarious nature of Jewish history, we have survived. OU ISRAEL CENTER Seymour
J. Abrams Orthodox Union Jerusalem World Center [The
Parshat K'doshim Homepage]
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