MISC section - contents: Q Instead of answering a question we received, we want to discuss the following question, which we often ask ourselves. What is our role and mandate in the “Ask the Rabbi” service, a relatively new forum for answering (and publishing some) halachic questions? A There have always been three basic forms of deciding halachic questions that arise. The first sounds surprising but is actually the most common. A layman independently deals with questions that arise based on his memory, sources at his disposal, or his intuition. Sometimes this is done responsibly and sometimes less so, but the phenomenon is inevitable. A second type of halachic decision is reached by the local rabbi. He is the local expert on halacha and, also importantly, on local practice and his congregants’ backgrounds and needs. He answers some questions effortlessly, whereas others require hours of research, analysis, contemplation, and halachic acumen. However, rarely does the local rabbi take on a halachic consensus on a crucial matter or render a decision that creates a new minhag. His standard ruling, given orally and often informally, does not serve as a precedent beyond his local constituency. The third type of halachic decision is one that is rendered by a recognized posek (expert halachic authority). Rulings of such poskim are rendered in three possible, primary forums. 1) The posek is himself a local rabbi, who answers questions and gives instructions to his community. 2) He writes sefarim on halachic topics,which are studied by rabbis and knowledgeable laymen throughout the world. 3) He answers questions that are posed to him by rabbis throughout the world, who see the posek as a world-class authority to be turned to for questions that they deem to be too complex or too weighty to handle alone. Many of these responses have been preserved for posterity, and they include straightforward answers along with surprising or groundbreaking rulings on old and new questions alike. For a decade and a half, Eretz Hemdah has been
answering questions posed by rabbis, as described above. All of our
responses underwent a process of approval by leading halachic
authorities, originally, by our mentor, Harav Shaul Yisraeli z.t.l.
and, subsequently, a very qualified panel of rabbanim. The responses
have been published in the volumes (five, to date) of Bemareh
Habazak and have taken their place in many bookshelves of halachic
literature. Our intention in the public forum is to inform and educate, not to render earth-shaking rulings. We, as a matter of principle, do not argue on the clear, halachic consensus. (Of course, a consensus is a highly subjective term, and changing situations may impact on the application of classical rulings). Nor do we lightly disagree with accepted practice, even if, in our opinion, classical sources raise questions on the practice. (The reader should be are aware that a practice that is accepted in one community may not be accepted in others). So we request the following of our readers. If you think that we have contradicted a halachic consensus or widespread practice, please re-read the article, revisit the sources or the prevalence of the practice, and/or contact us with your insight. We will be happy to explain and/or reconsider, as appropriate. 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 Once he was asked why he acted differently from the other great Torah scholars, and gave no reasons for his decisions. "When a person asks a question in halacha", said R'
Leibele, "he has three possible goals in mind: he wants to show how
great a Torah scholar he is, he wants to see how great the person
answering him is, and he wants the halachic decision. I see the
person's ability in Torah from his question, and I am not concerned
with showing him my ability. All that remains, then, is for me to
write what the halacha is." Thus Moshe beseeched God to be allowed to enter
western Eretz Yisrael. Or HaChayim relates Moshe’s request to the Talmudic statement: “One who walks four cubits within the Land of Israel is guaranteed that he is a ‘son of the World to Come’” (Ketubot 111a). Moses wished to enter the Land for the “benefit of his soul and for the desired pleasure, which is the World to Come.” Iyyun Ya’akov, in turn, relates this Talmudic statement to another: “The Holy One, blessed be He, has only the four cubits of Halakha.” He explains that one who walks the four cubits of Halakha within the Land of Israel, whose atmosphere conveys wisdom, is guaranteed the World to Come, as our Sages say: “One who repeats Halakha daily is guaranteed the World to Come.” We wish to suggest another explanation, based upon
the approach of the Maharal, who comments that “four cubits”
represents one’s personal space. Walking four cubits represents
leaving one’s space. Thus, the Talmud is saying: One who takes
advantage of the Land of Israel to further himself spiritually is
indeed guaranteed that he is a “son of the World to Come.” 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 Celebration of the end of the wood collecting for the Beit HaMikdash. Greater unity among the tribes as a result of the de facto ban on inter-tribal marriages being declared a mistaken notion. And a ban against the tribe of Binyamin was lifted. Burial, after a very long delay, of the victims of Beitar. TU b'AV is a day that reminds us of G-d's
forgiveness and compassion, of the unity of Bnei Yisrael, of the
involvement of the people in the Beit HaMikdash. For parents are partners with Hashem in the act of creation; thus respecting one’s parents is surely offering honor to the Creator of all things. Curiously, the degree to which honor of parents is embedded in civilization can best be learned from the nations. The Talmud (Kiddushin 31a) cites the story of Dama from Ashkelon who refused to sell a precious stone needed for the Eifod, the breastplate of the Kohen Gadol, because the key to his jewel box was under the pillow of his sleeping father. Furthermore, Rabbi Shimeon ben Gamliel acknowledges the wicked Esau’s habit of consistently wearing royal clothes in the presence of his father, Ya’akov (Devarim Rabbah 1:14). Rabbi M. Miller explains that the value demonstrated
by these heathens was admirable but operated on the level of
expediency. It seems as if they were following an instinctive sense
of prudence, what Kohlberg defined as the morality of conventional
role-conformity. For Jews, however, the ideal source of ethical
awareness is the sense of gratitude to G-d. Clearly, it is up to us
to choose. [The Parshat Va'etchanan Homepage]
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