MISC section - contents: Q Is a pedestrian halachically forbidden to cross at a red light when it is safe to do so? A Although we will discuss halachic elements of this question, we protest the tendency to hide behind the occasional difficulty in finding a halachic category to forbid a clearly improper practice (under normal circumstances). While we will discuss the situation in Israel, the bottom line is much the same in any country. We will deal with different issues one by one: Dina d’malchuta (the law of the land): According to most authorities, dina d’malchuta is binding in Eretz Yisrael, as well (see opinions in Encyclopedia Talmudit VII, pg. 307) and certainly in regard to laws enacted for public welfare, not to enrich the king (Shut Chatam Sofer, CM 44). We are of the conviction that the Israeli government has a halachic status of malchut (kingdom) (Rav Kook- Mishpat Kohen 144; Rav Yisraeli- Amud Hay’mini 7; see also Techumin, III 238-249). Although there is a machloket whether dina d’malchuta governs only matters related to the king’s interests or even relationships between people, that is primarily because such power would usurp the role of Torah law in those areas (see Shach, CM 73:39). It certainly is not a threat to Torah principles if the government decides rules for crossing public streets. Therefore, traffic rules are binding. Secondly, in our times, the government pays for much of the expense of accidents (medical, disability, …) and so it is an interested party, as well. It is illogical to say that the government is allowed to punish those who violate laws, yet we may violate them if we dare. If the Torah recognizes its authority in these matters, then we are thus bound by the Torah to accept, not rebel against this authority. A likely difference between a regular Torah law and the authority the Torah grants governments is in cases where the government does not mind if one technically violates one of their rules under specific circumstances where the law was not intended. However, this concept should be used sparingly. (In most cases a pedestrian would deem it safe to cross at a red light, he would not do so while being observed by a policeman.) Endangering one’s life: In recent years, one third of traffic fatalities were pedestrian. One must assume that many of them could have been spared had they been careful and followed rules they deemed unnecessary. Nevertheless, it is hard to disqualify a responsible person from judging when it is safe to cross a street. (It is our observation that people are incapable of crossing streets carefully while speaking on cell phones.) Additionally, there is a concept of DASHU BA RABIM, that it is permitted to enter a potential danger which people regularly ignore (Yevamot 72a). Chillul Hashem (desecrating Hashem’s Name): One should learn well the gemara in Yoma 86a. It not only stresses chillul Hashem’s severity but also the fact that the more one represents the Torah, the stricter the parameters of when he is deemed to have caused it. We have heard people comment that religious people are more likely to ignore rules of the road. Although we object to such prejudices, we also object to people’s actions which enable such claims to be made. Example for children: When children (including our own) see adults ignore the rules of the road, they learn to follow suit, often with tragic consequences. Contributing to an atmosphere: None of us are individually to blame for the atmosphere of disregard for laws, manners, and the value of human life on our streets, nor can we of improve it significantly alone. But since a whole is made up of many parts, each of us is obligated to do his part in pushing things in the right direction, not the wrong one. When pedestrians disregard their rules, motorists are less likely to act courteously or even safely at crosswalks and intersections. After honestly considering the various factors, a yarei shamayim should not ask (although some do), “Nu, so is it really asur?” But if he does, our answer is that it is almost always asur. 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
info@eretzhemdah.org with the message:
Subscribe/English (for the english version) or Subscribe/Hebrew (for the hebrew
version). Please leave the subject blank. Ask the Vebbe Rebbe is partially
funded by the Jewish Agency for Israel "Father", his son asked him, "isn't that a prayer in vain? You are already living in Yerushalayim." "My prayer", said R' Pinchas, "is that next year, as well, I
will be in Yerushalayim, and that I will not, Heaven forbid, be forced to leave
it for any reason." The second counting is understandable. After those who had worshiped the golden calf were put to death, G-d counted the survivors as a demonstration of His continued love for the people. However, taking us out of Egypt and resting His Shekhina on Israel were themselves expressions of G-d's love. Why then did G-d count the Israelites on these occasions? According to Rashi, the Torah is teaching us the important lesson that nothing should be taken for granted. Even when a parent demonstrates his love for his child with a hug and a kiss, he still verbalizes the words, "I love you." So too our Father in Heaven. Even though taking the Israelites out of Egypt and resting His Shekhina among them were clear demonstrations of G-d’s love for Israel, he still wished to demonstrate His love by counting the people. Nothing should be taken for granted. Certainly, Eretz Yisrael should never be taken for granted. From
the time of our wandering in the desert, Jewish history is full of suffering
resulting from Israel's failure to appreciate its Land. Taking something for
granted jeopardizes its continuity. The antidote to Israel's sorrows which
originated with the sin of the spies is to achieve a true understanding and
appreciation of the connection between the People of Israel and its Land. TORAH THOUGHTS as contributed by Aloh Naaleh members for
publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication
on Parshat Ha'Shavuah In addition to the guests of honor and their presenters, there were greetings delivered by Chief Rabbi Yona Metzger, Jerusalem Mayor Uri Lupolianski, Minister Effie Eitam, Minister Zevulun Orlev, Deputy Min. Tzvi Handel, American Ambassador Daniel Kurtzer, Dir.-Gen. of the Min. of Absorption Miraleh Gal, and a keynote address by HaRav Motti Alon. The proceeds of the Dinner are earmarked for the Israel Center's varied and extensive youth programs which serve thousands of youngsters including many non-religious youth, teens at risk, and children from depressed neighborhoods, as well as teen Olim from English-speaking countries, and Olim from Ethiopia, the former Soviet Union, and elsewhere. A teenaged boy from Makom BaLev and a young woman from NESTO also addressed the audience. We also saw a short video about the Israel Center. Looking forward to seeing you at next year's Second Annual... After his Friday night davening, this same person realizes that he had not counted the Omer on Thursday night, or anytime Friday. As long as the sun is still in the sky, even though it is Shabbat for this person, he may count the previous night's count and then after dark, he continues to count the new number, with a bracha. Sounds contradictory, but that's the way it is. Similarly, when one happens upon a bird's nest, KAN TZIPOR - the
word KAN is the connective form. By itself, we say KEN. So the mitzva is really
SHILU'ACH HAKEN. The task of covering these items was left to the Kohanim, not to the Levites. The Sforno notes that everyone had his designated tasks in order to avoid confusion. The Midrash, however, suggests that it was necessary to direct specific individuals to the Holy Ark because of possible arguments over the privilege of attending to it (cf. Yoma 23) or, conversely, because of the fear of being struck down by its sanctity. In any event, we might ask why the punishment was so severe for infringement of this instruction? Rav Hirsch argues that such forced avoidance of the holy vessels maintained the aura of sanctity attached to them, since there is always the danger of holy ritual regressing to the mundane. For the Abarbanel, the opposite is true: Sometimes we mistakenly reach for the unreachable heights. Often, argues R. Moshe Hefetz, privilege leads to pride. It seems that Aharon, forever the peacemaker, assigned everyone the task most appropriate. Consequently he maintained order, decorum, and a modicum of modesty. Shabbat Shalom Menachem Persoff [The Parshat Bamidbar Homepage]
|
