Shabbat Parshat Matot - Masei (m'vorchim) This Shabbat is the 292nd day (of 354); the 42nd Shabbat (of 50) of 5766 AVINU MALKEINU, BATEIL MACHSHAVOT SONEINU We read/learn the SECOND perek of Avot (Chu"L: first perek) HALACHIC TIMES Candle Lighting and Havdala times - Regular and (earliest) Further explanations and notes on Z'manim are available on the website www.ou.org/torah/tt - click on Halachic times WORD OF THE MONTH Rosh Chodesh Av (always one day because Tammuz has 29 days in our fixed calendar) will be on WED, July 26th. When we bench Rosh Chodesh this Shabbat - and we most certainly do, despite some opinions that perhaps we ought not announce the coming of the month upon whose entrance, we minimize our joy - we refer to it as MENACHEM AV. ROSH CHODESH MENACHEM AV YIH-YEH B'YOM R'VI'I HABA ALEINU V'AL KOL YISRA'EL L'TOVA The molad as announced: TTreader FeedBack LEAD TIDBIT We've got ourselves a "situation". We hope and pray that G-d will help the government and the IDF to succeed in their battles against the terrorists, their organizations, and the states that support, fund, and aid them. We pray for the safety and well-being of the people of the north and south who are under attack, of the soldiers who are fighting for their safety, of all of the people of Israel - here and abroad. What else can we do? Here's a multi-faceted plan... Aside from prayer - see page 14 for suggested texts - and participation in any of the activities mentioned above or other similar projects, there is something else we can do. If Tammuz and Av - if the Three Weeks from 17 Tammuz through Tish'a b'Av - have anything to do with our troubles, then perhaps we need to rectify those flaws and faults in ourselves and our community that gave Tammuz-Av its negative flavor. Tammuz and Av are not intrinsically bad. It is because what we, the Jewish People have done (or not done) that brought about the calamities that are associated with 17 Tammuz and 9Av. Eigel HaZahav (the Golden Calf) occurred on 17 Tammuz. On that day, we displayed a less than total commitment to G-d and His Torah. We pointed to the wrong things as "these are your gods, O' Israel". Perhaps some serious personal introspection and pondering to re-examine and strengthen our own belief and commitment to G-d. This is not to make a deal with G-d: You save us from our enemies and we'll believe in You in a stronger and unequivocal manner. No, not a deal. A change for the better in ourselves. Then 17 Tammuz will be only a historical note and not an indictment of our own Jewish society. Cheit HaMeraglim (the Sin of the Spies) occurred on Tish'a b'Av. On that day we displayed a marked rejection of Eretz Yisrael as THE place that the Jewish People belong. The place where G-d wants us to live our Torah lives. Perhaps some more serious thought about our commitment to living in Eretz Yisrael, to encouraging others to make Aliya, to help facilitate the K'lita of others. Perhaps some serious attention to transmitting our commitment to our children and grandchildren. The First Beit HaMikdash was destroyed because of many serious sins that are bad enough in and of themselves, but that also displayed a profound breach of our commitment to G-d. It calls for strengthening our commitment to Torah and Mitzvot. It calls for learning more Torah and learning better the Torah we currently learn. It calls for being more meticulous in the performance of mitzvot, and an increase in the quality of the attitude we have towards mitzvot. The Second Beit HaMikdash was destroyed because of Sin'at Chinam. Because of serious deficiencies in our interpersonal relationships. In a weakness of our commitment to Mitzvot Bein Adam LaMakom. In our attitude towards our fellow Jews, be they less religious, more religious, culturally different... or whatever. Our task then is more acts of kindness, more Chesed, more care and concern for our fellows, a stronger commitment to the mitzva of V'AHAVTA L'REI-ACHA KAMOCHA. Our improvement and repair of the causes of the calamities that are commemorated during the 3 Weeks, can break the hold that those tragedies have over the months of Tammuz and Av. Improvement as individuals and as a community can help thwart our enemies attempts at hurting us. Can bring about the Geula with its concomitant building of the Third Beit HaMikdash, the restoration of all of Israel to all of Israel, and true Shalom al Yisrael, BIMHEIRA B'YAMEINU AMEN. Ed. note: This Lead Tidbit was written AND printed on Sunday. You are first reading it on Wednesday or later. The MATZAV might be different, hopefully much better, but the "plan" for turning 17 Tammuz and 9 Av (and the other fast days related to the Churban) into the promised and prophesied festivals, still stands. Matot-Mas'ei stats There are seven pairs of sedras that are read together in certain year-types, and separately in other year types. Of the seven pairs, MATOT and MAS'EI are the most combined pair. They are separated only in 13-month years that begin on Thursday. In Eretz Yisrael, they also separate in 13-month years when Pesach is Shabbat to Friday. Even in Israel, Matot-Mas'ei are the most together of the pairs; more so in Chutz LaAretz. BTW, the first pasuk of Matot and the first pasuk of Mas'ei happen to have the same g'matriya. Aliya-by-Aliya Sedra Summary [P> X:Y (Z)] and [S> X:Y (Z)] indicate start of a parsha p’tucha or s’tuma respectively. X:Y is Perek:Pasuk of the beginning of the parsha; (Z) is the number of p'sukim in the parsha. Kohen - First Aliya - 16+12=28 p'sukim - 30:2-31:12 On the other hand, built into the Torah's laws are procedures for release from vows. These procedures also constitute a mitzva, viz. HAFARAT N'DARIM [406,A95 30:3]. A girl (12-12½ yrs. old - officially called a NAARA) who vows can have her vows nullified by her father (only on the day he hears of them). Similarly (but with differences), a wife's vows can be nullified by her husband. (In this case, only some vows, those which affect the husband can be nullified by him.) MitzvaWatch Hatarat N'darim is a rare example of a mitzva that is considered Torah law, although there is no clear supporting text in the Written Word. The Mishna in Chagiga assures us that Hatarat N'darim is no less a Torah concept because of the lack of a written source. This is but another in a long series of demonstrations of the absolute necessity of defining Torah as BOTH the Written Word and the Oral Law and Tradition. [P> 31:1 (12)] G-d next commands Moshe to do battle against Midyan, and then to prepare to take leave of this world. Moshe drafts 1000 men from each tribe for the task. SDT: Commentaries point out that the People were reluctant to comply because they knew that Moshe would die shortly after successful completion of the battle. Moshe, on the other hand, enthusiastically complies with G-d's command, his personal interests to the contrary, notwithstanding. The Chatam Sofer notes that when G-d commands the battle against Midyan, He calls it NIKMAT BNEI YISRAEL, a revenge for Israel's sake. When Moshe calls the people to battle, he refers to revenge for G-d's honor. If the people would be fighting for their own honor, they might forgo the battle and not hasten Moshe's end. But to avenge G-d's honor, they dare not refuse. Pinchas is sent as "chaplain". The 12,000 strong army succeeded in killing all male Midyanites including five kings and Bil'am. The women, children, herds, flocks, and possessions of Midyan were taken as booty. The cities and palaces were destroyed. The army returned to the Israelite camp at Arvot Moav. Note: There is confusion among commentaries as to whether the tribe of Levi sent a contingent to fight this war or not. If they did, did Menashe and Efrayim combine as the tribe of Yosef, thereby keeping the total number at 12000, or were there actually 13000 who fought. Levi's probable involvement is due to the fact that the war was NOT for the purpose of conquest of territory; had it been, Levi would not be directly involved. If so, Menashe and Efrayim probably fought as the tribe of Yosef in this war against Midyan. Levi - Second Aliya - 12+17+13=42 p'sukim - 31:13-54 SDT: The SHLA"H HAKADOSH asks and answers: Why did Moshe get angry with the officers for leaving the women of Moav alive? They were not commanded to kill them? He says that we are held responsible for things our logic tells us, even if we were not directly commanded. And we learn this from here. [S> 31:21 (4)] Elazar HaKohen sets down the laws of purification of vessels. Many of the details of "kashering" and "toveling" of vessels are derived from here. [S> 31:25 (30)] G-d tells Moshe to order a counting of the spoils of war. The booty is to be divided equally between the soldiers on the one hand and the People on the other. Taxes of 1/500 were imposed upon the soldiers. Detailed itemization takes up many p'sukim of this portion. And then the half that went to the people is itemized. A tax of 1/50 (the standard amount for T'ruma) is imposed upon the people. These taxes were turned over to Elazar HaKohen. Detailed itemization takes up many more p'sukim. The officers approach Moshe with more gifts of gold in thanks to G-d for not losing even one person in battle. Shlishi - Third Aliya - 19 p'sukim - 32:1-19 Note the unusual pasuk, 32:3, in which each of its 9 words is the name of a city. Rashi just mentions that these were cities in the former territory of Sichon and Og. Targum Onkeles, interestingly, does not leave the city names as they are in the Torah - which is usually the case, but he renders the names into Aramaic. [S> 32:5 (11)] They then requested permission to settle on the east bank of the Jordan River, Moshe's initial reaction is intense anger, fearing that the request of the two tribes would discourage the People of Israel from wanting to proceed into the Land, repeating the experience of the "spies" of almost 40 years earlier. [S> 32:16 (4)] The key objection on Moshe's part seems to be the potential negative effect on the rest of the People. To this, the tribes replied that they would be prepared to settle their animals and families “here” and they would surely accompany their brethren into Eretz Yisrael and not return to the east bank until all is settled in the Land. SDT: In addition to the main "dressing down" that Moshe gives Reuven and Gad, there is a more subtle rebuke on another issue. The tribes offer to build enclosures for their flocks and homes for their children. Later, when Moshe gives them permission to establish themselves on the East Bank, he tells them to build homes for their children and accommodations for their animals. Your children go first. Then your property. R'vi'i - Fourth Aliya - 23+10+39=72 p'sukim - 32:20-33:49 [P> 32:20 (23)] Moshe's response is the administration of an oath (many details of the proper form of "conditions" are derived from this famous oath of the 2½ tribes) agreeing to the request to settle on the east side of the Jordan if (if and only if) the 2½ tribes fight side by side with the other tribes of Israel. The Torah describes the cities that the 2½ tribes established to settle their families and flocks prior to their crossing the Jordan. Perhaps the seemingly unnecessary details give us the message that we are dealing with part of Eretz Yisrael, and not just something extra territorial. Travelog - These are the places of encampment and some comments... From Ra-m'ses (0) to Sukkot (1) to Eitam (2) to Pi HaChirot (3) to Mara (4) to Eilim (5) to Yam Suf (6) to Midbar Sin (7) to Dafka (8) to Alush (9) to R'fidim (10) to Midbar Sinai (11) to Kivrot HaTaava (12) to Chatzeirot (13) to Ritma (14) to Rimon Peretz (15) to Livna (16) to Risa (17) to K'heilata (18) to Har Shefer (19) to Charada (20) to Mak'heilot (21) to Tachat (22) to Terach (23) to Mitka (24) to Chashmona (25) to Moseirot (26) to Bnei Yaakan (27) to Chor HaGidgad (28) to Yotvata (29) to Avrona (30) to Etzion Gever (31) to Midbar Tzin (which is Kadesh) (32) to Hor HaHar (33)... This is where Aharon died at the age of 123. He died on Rosh Chodesh Av. Not only is this the only Yahrzeit mentioned in the Torah, but it is interesting that the date is NOT mentioned in Chukat, where we read of Aharon's death. It appears here in the recounting of the episode - on Shabbat M’vorchim Av. [S> 33:40 (10)] The Torah then tells us again that our presence was noted by the K’naani king of Arad in the Negev of Eretz Yisrael. We know from earlier in the Chumash, that the K'naani attacked the people after Aharon's death, but that is not mentioned here. Rather, the list of places then continues... ...to Tzalmona (34) to Punon (35) to Ovot (36) to I'yei HaAvarim (37) to Divon Gad (38) to Almon Divlataima (39) to Harei HaAvarim (40) to Arvot Moav (41). Apparently, the counting of the encampments includes their first point of departure, which we marked as 0. So the number 42 holds. G’matriya of RA-M'SES = 430, the number of years from the original prophecy to Avraham Avinu in the BRIT BEIN HA'B'TARIM until the EXODUS (as in Sh'mot 12:40-41). The first stop out of Raamses is SUKKOT, G'matriya = 480, the number of years from the Exodus until the building of the First Beit HaMikdash - the arrival of the People EL HAMENUCHA V'EL HANACHALA (D'varim 12:9). So just the first leg of the wandering represents (numerically) the major first (and second) leg of the journey of Jewish History. SUKKOT, says the Baal HaTurim, got its name from the Heavenly Clouds that began "functioning" there. MIDBAR SIN got an extra YUD and became SINAI to mark the fact that the ASERET HADIBROT were given there. - Baal HaTurim RITMA was the place from which the spies were sent, and therefore the place where the decree to wander the wilderness was pronounced. One can imagine a qualitative difference in the mental attitude of the people during the first 14 encampments as compared to those following Ritma. CHASHMONA was the 25th resting place of the People. Centuries later, there was a resting (from battle) on the 25th (of Kislev). The people through whom G-d wrought the miracles of Chanuka were the Chashmona'im. This is considered one of the "hints" to Chanuka from the Torah. Rashi points out that with 14 places before the decree to wander, and with 8 places in the final year, there were only 20 places that the People moved to and from in 38 years or so. That is not really all that much. G-d was merciful with the People even as He was punishing them. Chamishi - Fifth Aliya - 22 p'sukim - 33:50-34:15 Part of the mitzva, explains Ramban, is that the people of Israel may not shun G-d’s gift and promise, and go conquer and settle elsewhere. Jews who live anywhere in the world outside of Israel should always remember their “stranger in a strange land” status. Adopting someplace else as your own and removing Israel from your personal agenda, seems to contravene the spirit (and maybe the letter) of this mitzva. Read the description of the boundaries of the land that is being given by G-d to the Jewish People. To the Jewish People. To the Jewish People. To us. Unlike the identity of many of the encampments, we know where these boundaries are. Eretz Yisrael for the Jewish People goes at least (see next paragraph) from the Mediterranean Sea to the Jordan River. The Torah does not seem to indicate that parts of the Promise Land should become a foreign state or be given to enemies of the State of Israel or the Jewish People. In G-d's original promise to Avraham Avinu, the land to be given to his descendants was to be "from the Egyptian River until the great river, P'rat". The boundaries described in this week's sedra contain a territory significantly smaller than that which was promised. Our Sages tell us that the original promise includes territory to be added to Eretz Yisrael in the future, in the times of the Moshiach. Shishi - Sixth Aliya - 14+8=22 p'sukim - 34:16-35:8 Elazar and Yehoshua are the overall leaders of the Nation. Kalev b. Yefuneh is the leader of Yehuda. Shimon: Shmuel b. Amihud. Binyamin: Elidad b. Kislon. Dan: Buki b. Yogli. Menashe: Chaniel b. Eifod. Efrayim: K'mu'el b. Shiftan. Zevulun: Elitzafan b. Parnach. Yissachar. Paltiel b. Azan. Aher: Achihud b. Shlomi. Naftali:P'dah'el b. Amihud. [P> 35:1 (8)] Following the general plans for dividing the Land, the People are instructed to provide cities for the Leviyim [408,A183 35:2], since they, the Leviyim, do not receive Land as inheritance. The cities and their surrounding areas, number 48, including the 6 cities of refuge. Rashi points out that there were three cities of refuge on each side of the Jordan River, even though in the western case, they would serve 9½ tribes and in the eastern case, they would serve 2½ tribes. An inference is drawn that there would be more careless homicides on the eastern side of the river. These cities, to be given by the tribes to the Leviyim, were given proportional to the populations of the tribes. Sh'vi'i - Seventh Aliya -26+13=39 p'sukim - 35:9-36:13 Mitzva Watch It is quite possible for us to rationalize an alternative punishment or treatment of the convicted murderer - intentional or inadvertent. And sometimes, the alternative suggestion will be more appealing, more logical, more beneficial than the Torah-required procedure. Very tempting. So the Torah comes to reinforce its insistence that its procedures be carried out. Ir Miklat, for example, is punishment, protection, and atonement all rolled into one. And it is the command of G-d. We cannot change it. [P> 36:1 (13)] Leaders of the family of Menashe to which the daughters of Zelofchad belong, approach Moshe and raise the problem of potential erosion of their tribal allotment if Zelofchad's daughters marry outside their tribe, taking their land with them. Moshe issues a ruling restricting them from marrying outside their tribe. This is not a law in perpetuity (and therefore, it is not counted as a mitzva among the Taryag); it applies only in this case. In compliance, Machla, Tirza, Chogla, Milka, and No'a marry Menashe-ites. Haftara - 28 p'sukim - Yirmiyahu 2:4-28, 3:4, G-d, speaking through the prophet, chastises the People of Israel for the terrible double sin of forsaking Him AND turning to gods who are nothingness. Repeatedly, we are asked how it was possible that we turned away from G-d so. Terrible punishment for this betrayal of G-d is prophesied. The haftara ends on the hopeful note that if we return to G-d, then He will return to us and restore His special relationship with us. Some end the haftara with 4:1-2 THE JERUSALEM INSTITUTE OF JEWISH LAW - Rabbi Emanuel Quint, Dean The foregoing laws apply even if all but one of the residents of the building or complex agree to Reuven’s request to open his office. Reuven may be enjoined from opening his office. Reuven can be enjoined even if he has already opened his office. This is so even if Reuven has maintained his office for three years, which is ordinarily enough time to obtain a presumption in halacha to maintain the status quo. A resident of the building or complex may not lease his apartment to a tenant who will attempt to open an office or business. This should hold true even if the owner cannot find any other lessee. However, any resident may sell his apartment, even though he knows that the purchaser wishes to open a business or office. During Talmudic times, and unfortunately during many subsequent periods of Jewish history, Jews were persecuted by their non-Jewish neighbors. Thus an apartment could not be sold to a non-Jew if it was thought that he would use the apartment for an office or business, since the Jews could not successfully obtain an injunction against the non-Jew in the secular courts, or most often were afraid to take the non-Jew to court. If a person does purchase an apartment in such apartment house or building complex, he may then have to face the risk of being enjoined from opening a business or office. The seller has no more interest in the apartment that he sold. A lessor, however, retains his interest in the apartment and must know the purpose for which the tenant is renting the apartment and thus the owner is an interested party. Assume that Reuven wishes to open a manufacturing facility in his apartment. He may do light manufacturing that does not create noise or vibrations in his apartment, if he will sell his product outside of the apartment building or apartment complex. If Reuven was already engaged in manufacturing in his apartment, he has acquired a presumption to continue manufacturing there. In this respect manufacturing differs from a professional office or sales business. In the latter situations, the fact that Reuven has conducted them for some time did not permit him to acquire a presumption to continue their operation; he could even after many years be enjoined from such activities. However, in the case of manufacturing, once it has been acquiesced to, Reuven can no longer be enjoined. There are some businesses that entail accomplishing a commandment from G-d, such as teaching Oral Torah to students. In such instances, the inhabitants of the apartment building or complex cannot enjoin the teacher from teaching the students, although the students coming and going to the teacher increases the traffic in the building. The same applies to other commandments. Although the practice of medicine may save lives and is thus the performance of an important commandment, it need not be performed in this apartment. It can be done in a medical facility, or the doctor can make house calls. Assume a situation where Shimon already operates an office, business or manufacturing facility in the apartment building or complex, then there are two opinions whether Reuven may open his office, business or manufacturing facility. According to one opinion, once there is such a business operated there by Shimon, Reuven cannot be enjoined from opening or operating such a business. The reason for excluding him if there is no such business there, it is to prevent the increase in traffic. Since such a business already exists, there is already a great amount of traffic and obviously the resident’s neighbors are used to it. Reuven’s business merely adds to the existing traffic. If the type of business that Reuven does will greatly increase the traffic, he can be enjoined. The fact that Reuven will now be competing with Shimon’s existing business does not play a role in the law, since each conducts his own business in his own apartment. If Reuven is from another city, he may be enjoined if he does not pay taxes to the city as does Shimon. For example, there may be an income tax that is payable where a person has his principal residence. It may be that Reuven has his principal residence in City A and he wants to open a business in City B. According to a second opinion, Shimon can obtain an injunction to prevent Reuven from opening up his competing business in the same apartment complex. This assumes that he will draw his clients, patients, and customers from the same apartment building or complex. If he is manufacturing and sells away from the apartment building or the complex, then Reuven cannot be enjoined. Reuven will be enjoined if he does not pay taxes in the city. If he pays taxes and owns or rents an apartment in the complex, he may enter upon the business. Merchants, who sell spices and other articles necessary for the Jewish housewife, cannot be enjoined from peddling their wares from house to house. This was one of the ten decrees that were enacted by Ezra in the fifth century b.c.e., when he returned from Babylon at the beginning of the period of the Second Temple. The spice merchant cannot, however, maintain a residence in the apartment building or complex without the consent of the other residents therein. If the spice merchant is a Torah scholar, he may maintain an apartment there. The subject matter of this lesson is more fully discussed in volume V chapter 157 A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased via email: orders@gefenpublishing.com and via website: www.israelbooks.com and at local Judaica bookstores. Questions to quint@inter.net.il TANACH "There are 4 types of names. Those whose names are pleasant but their actions are not, such is Ishmael, G-d hears, but he does not hear the word of G-d. Those whose names are unpleasant but their actions are pleasant, such as those of the Golah who nevertheless returned from Bavel with Ezra. Those whose names are unpleasant and so are their actions such as the Meraglim like S'thur, Nasi of Asher who was without yosher. Those whose names are pleasant as are their actions, these are the Tribes; Reuven, of whom Leah said: "See the difference between my son and that of my father-in-law. His son, Eisav sold his birthright willingly to Yaakov and then sought to kill him while mine, Reuven, did not, nevertheless he did not object when his birthright as first-born was taken from him and given to Yosef, Yehuda, and Levi" (Yalkut Shimoni, 126). So the names of Yaakov's children reveal the circumstances of their birth, their characters, and foretell their history. Not only the names but the order in which they appear in various places in the Torah, is related the specific purpose of the listing and a reflection of their spiritual roles. The names engraved on the Shoham, onyx stones on the shoulders of the Kohen Gadol, were according to the order of the birth of the Tribes except that Yehuda is inscribed first. This is either because he and his descendants are destined to be the kings or because his name alone contains all the letters of Hashem's Name (Torah T'mima). Reuven heads the Tribes in the census before they are to begin their journey from Har Sinai, where he is referred to as the firstborn of Israel even though that inheritance was transferred by human courts to Yosef, but because of Reuven's t'shuva G-d here retained his honorable status (Soforno, B'reishit 1:20). In the same listing, the sequence of Leah's sons is interrupted after Shimon, in favor of Gad, placing him before Yehuda, who was his senior. This is because Levi, being excluded in this census, the 5 sons of Leah would not have constituted 2 camps in the order of encampment. So, Gad the son of Zilpa was added to them, but in deference to him being the first born to his mother, he was placed before Yehuda (Ramban). In the order of the camps and their place during the journeying in the desert, we find that these were not in sequence of birth nor according to the mothers, but the vanguard was the camp headed by Yehuda, of whom it is written, 'He is a young lion', and by Dan, 'who will represent the rights of his people', in the rear. These most dangerous positions were headed by the most warlike and strong tribes. "There is a reference to the redemption of Israel in the names of the Tribes: MISC section - contents: [1] From the virtual desk of the OU VEBBE REBBE Q: If one buys a home for $100,000 and sells it 25 years later for $250,000, should he pay ma’aser kesafim on the net gain of $150,000 or can he subtract from the net gain for inflation, mortgage payments, improvements, or other matters? A: Few classical sources discuss this common matter these days. This can be explained by changes in economics. Our point of departure is that the sale of a home obligates one in ma’aser on the net gain, as Igrot Moshe, Yoreh Deah II, 114 assumes. However, some of the technicalities in arriving at the real net gain make it almost impossible to arrive at an exact figure. Rav M. Feinstein (ibid.) deals with halacha’s outlook on inflation’s erosion of a currency’s value. There are complicated reasons that despite inflation, one who borrows $1000 returns $1000, and if he gives more, he violates the prohibition of RIBIT. Regarding ma’aser kesafim, though, he said to adjust the price for inflation to determine the real gain. However, he felt that the government’s publicized Consumer Price Index (or madad) is not correct for our context; rather, we should consider only basic, not luxury items. In practice, the CPI may still be the most realistic tool people have access to. Regarding a mortgage, it does indeed raise the expense of buying the home. However, a major component of that cost is due to the inflation component of the mortgage. Thus, if one took off for 25 years of inflation, he cannot also take off the full added payments of the mortgage. Presenting a mathematical system to deal with this is not practical in this forum. Certain taxes, home improvements and upkeep that are needed to maintain or raise the house’s resale value may also be deducted. However, much work done in a home over 25 years is more related to quality of life during those years than to the home’s resale and may not be deducted. One could claim that the practice of ma’aser is not geared for the purchase and eventual sale of residential real estate, assuming the funds used to buy it were “after ma’aser”. When Chazal extended (by their understanding of p’sukim or rabbinic decree or advice) the concept of ma’aser from agricultural produce to include other earnings, they addressed primarily business dealings (see Tosafot, Ta’anit 9a). When one buys $1000 of merchandise to sell it shortly for $1500, that is commercial activity to create earnings and is obligated in ma’aser. When one uses earnings from which ma’aser was taken to buy a home to live in that is a matter of consumption not commerce, and he need not give further ma’aser if its price goes up. The question is whether selling it creates a new obligation. One could distinguish between one who bought real estate in order to sell at a profit and one who sells because he needs to change his home for some reason. The case to exempt is strongest when one needs all the proceeds to buy a new home. If two people swap homes, intuition dictates that neither would have to pay for the previous appreciation. It is not clear that is different from a case when one receives money but does so to enable him to pay for a new home. The prevalent position (see, for example, She’eilat Ya’avetz I, 6) is that calculating ma’aser kesafim is only a proper minhag, not an outright obligation. This justifies being lenient regarding calculations and machlokot, especially if that was one’s stated intention when starting the practice. However, ma’aser kesafim is not a simple custom. Rather, it is the recommended, average level of fulfilling the mitzva of tzedaka (see Shulchan Aruch, YD 249:1). One should always want to give tzedaka generously. Cash flow issues often make it difficult, and the sale of a home may give one the opportunity to do so. It may also be a time that one realizes that his home purchase decades before was Divinely blessed and a good time to give significant contributions to those in need. Thus, the question of whether there is a formal obligation of ma’aser, which is anyway hard to calculate, is almost moot. 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 [2] Candle by Day [3] CHIZUK and IDUD (for Olim & not-yet-Olim respectively) A similar formulation is found in the Al Hamichya blessing recited after eating the seven fruits with which the land of Israel is blessed. We ask Hashem to allow us to eat the fruit of the land: "Rebuild Jerusalem, the city of holiness, speedily in our days. Bring us up into it and gladden us in its rebuilding and let us eat from its fruit and be satisfied with its goodness and bless you upon it." The holiness of the land is evident not only in the performance of the mitzvot dependent upon the land. The land of Israel is unique in that performing seemingly mundane acts, such as eating its fruits and working the land, can be considered acts of holiness. The Talmud (Sanhedrin 98) teaches that one of the sure signs of the coming redemption is the abundance of fruit produced in the land of Israel. Anyone who visits Israel today can easily see that Hashem is expressing His love of the people of Israel by returning us to His land and causing the land to produce an abundance of fruits of the highest quality. Avraham Hermon, Har Bracha [4] A Touch of Wisdom, A Touch of Wit Once a man came to him for a loan. The man needed 300 rubles for ninety days. R' Zalman had never seen the man before and asked: "Do you have anyone that can act as a guarantor?" "No," said the man, "I am new here." "I'm sorry," said R' Zalman, "I need a guarantor for the money." Tears started running down the man's face as he turned to leave. "Just one second," said R' Zalman. "Isn't there a single person in the entire city who can serve as a guarantor for you?" "No," said the man. "My only guarantor is Hashem Himself." "Well, if that's the case," said R' Zalman, "we couldn't ask for a better guarantor than that." He took a piece of paper and wrote on it, "He that has pity upon the poor lends to Hashem" (Mishle 19:17). He placed this paper among his loan documents, and gave the man 300 rubles. Ninety days later the man returned and told R' Zalman: "Hashem helped me in my business venture, and I have come to pay my debt." "By whom?" asked the man in astonishment. "By your guarantor," replied R' Zalman. "He paid me what I had given you. That very day when you were here, after you left, a business deal presented itself to me and I made a profit of exactly 300 rubles." The man, though, was adamant in insisting on repaying the loan. In the end they agreed that the money would remain with R' Zalman to be used for loans to others, and that the future mitzva would be considered as belonging to both of them. Shmuel Himelstein has written a wonderful series for ArtScroll: Words of Wisdom, Words of Wit; A Touch of Wisdom, A Touch of Wit; and "Wisdom and Wit" — available at your local Jewish bookstore (or should be). [5] Parsha Points to Ponder - MATOT-MAS'EI 2) Why did the Jewish people wait until after the laws about purifying their utensils before bringing their sacrifices instead of offering them immediately after winning the battle? (see 31:49-50) 3) Why is an accidental murderer set free from the city of refuge upon the death of the Kohein Gadol? THESE ARE THE ANSWERS 2) The Chidushei HaRim teaches that the Jews initially thought that no sacrifice was needed since their sin was one of improper thoughts when the Midianite women were enticing them. However, once they were taught that that a completely pure vessel must still be purified because their walls might contain some prohibited taste, they realized how far they must distance themselves from sin and that even improper thoughts were a sin. At that point they offered sacrifices to atone for their sins. 3) The Abarbanel answers that the relatives of the victim will be deeply impacted by the death of the Kohein Gadol. The realization that even the great Kohein Gadol ultimately meets his end with death will lead the relatives to squelch their desires for revenge, thus permitting the accidental murderer to safely leave the city of refuge. [6] Portion for the Portion by Rakel Berenbaum - FEEDback to berenbau@actcom.net.il Rashi says that when the nation heard that Moshe's death was contingent on fighting this war they didn't want to join the battle. 12,000 had to be brought against their will - "vayimasru" (31:5). The Admor of Gur says that the 1000 from the tribe of Levi came on their own just like they had defended the name of Hashem and killed their brethren at the sin of the golden calf. For Levi, the honor of Hashem always came before sentiments. So in all there were 13,000 combat soldiers, 12,000 who had to be brought and 1000 who came of their own free will. Rashi says that from here we learn how dear a leader is to the people of Israel. Although they may have complained about him throughout his life, when the question of his imminent death arrived, they realized how much he had done for them. He hadn't been a weak leader who had given in to all their complaints, but had tried to educate and care for them and did everything in their best interest at the word of Hashem. Verse 31:4 says "one thousand for each tribe" twice. From here Chazal learn that each tribe sent 1000 soldiers to fight and 1000 men to pray. Both were important to win the battle. The same today - all the nation must be with our soldiers in prayer to help the IDF win our battles of revenge against our enemies and the enemies of Hashem. Thousand Island Dressing [7] Torah from Nature [8] A pre-Nine Days reminder [9] Divrei Menachem In the parsha, 42 encampments are recorded. And in the Shema prayer we are enjoined to speak 'about them' (the teachings of Hashem), the Hebrew numerical equivalent of which is also 42. Thus, each of the sojourns can be thought of as embedding a teaching of Hakadosh Baruch Hu. Moreover, our Sages, citing Rashi on the opening sentence of Parshat Mishpatim, indicate that the introductory phrase to the journeys, "Eileh", meaning 'these', teaches that each step of the journey in the wilderness was a correction (Tikun) for the previous stage. No wonder then that the Torah tells us that these travels were in the hands of Moshe and Aharon (Bemidbar 33:1). For it seems that as the people progressed, their attitudes and behavior were increasingly shaped in the spirit of Torah. For even when they were troubled and rebellious, each of the journeys took Am Yisrael one step closer to the fulfillment of their spiritual destiny in the Promised Land. That, indeed, is a metaphor for today. Towards Better Davening and Torah Reading DK contributed a few more misplaced pauses in davening. Take the phrase in ANIM Z'MIROT: SHEYIBANEH BEIT HAMIKDASH... Miracles in the Mikdash - "Food for Thought" In light of the verb "said" - i.e. no one ever gave vent to their true feelings, this implies that they really they were extremely pushed for space. They may never have expressed these feelings, but the problems of space were very real in the BHM"K. I'm not sure I can rationalize all of the "Nisim", but I would be interested to hear any thoughts you have on this intriguing subject. --Shimon How miraculous the "ten miracles wrought for our forefathers in the Beit Hamikdash" actually were is a very intriguing subject. The late lamented R. Irving Bunim, Darshan, author, and Orthodox activist, wrote, "Many of the extraordinary phenomena that the Mishna lists were helpful in the Sanctuary's ritual procedures, to let them go on without difficulties or interferences… Yet we read explicitly, 'Ten miracles were wrought for our forefathers' - they were for the benefit of the people of Israel. We can assume that each miracle was meant to impart some teaching to our forefathers. And if the Mishna recorded them for all future generations, they must have significance for us too" (Ethics from Sinai III pg. 61). The Mishna graphically describes the "enormous precautions" designed to prevent the Kohein Gadol from becoming a Ba'al Keri on the eve of Yom Kippur. "If he was a sage, he used to expound [the Scriptures] and if not, the disciples of the Sages used to expound before him... If he sought to slumber, young members of the priesthood would snap their middle finger before him and say to him, 'My lord High Priest, get up and drive away [sleep] this once by [walking barefoot] on the [cold stone floor]. And they used to divert him until the time of slaughtering drew near" (Yoma 1:6,7). Tosafot Yom Tov, in his commentary on the Mishna, addresses this very subject. "There are those who have difficulties [with this Mishna]. Why should the Sages be apprehensive of the possibility that the Kohein Gadol could become a Ba'al Keri? After all, they take strict precautions to prevent this during the entire seven days that he is sequestered in the Mikdash before Yom Kippur (note Yoma 1:1). As a result, he certainly would be in a state of ritual purity and [especially] that night - the eve of Yom Kippur - the elders of the people did not cease 'hastening' him to prevent it. The answer to this question is that the good inclination and the evil inclination [within a person] struggle with each other like enemies. When one of them is almost defeated, it makes every effort to strengthen itself [to defeat the other]… Many people at the point of death will suddenly rally, strengthen themselves, and speak 'rationally' as if they were healthy. [Therefore despite the precautions taken by the Sages, on Erev Yom Kippur,] the Kohein Gadol is really very close to being a Ba'al Keri!" If a Kohein Gadol was ritually defiled and therefore unable to perform the Avoda, it was no great tragedy; an "understudy" could serve in his stead and the performed Avoda would be perfectly valid. "It was told of R. Yishma'el ben Kimchit (the Kohein Gadol) that he went out [of the Mikdash between two Avodot on Yom Kippur] and spoke with a certain lord and a drop of saliva sprayed from the [lord's] mouth onto the garments [of R, Yishma'el and thereby rendering him ritually impure] (Yoma 47a)." (The saliva of a Zav is an Av Hatum'a - a primary source of impurity. By rabbinic decree, all idolaters have the status of Zavim - Nida 34a) In this case, the Segan, the 'understudy", simply stepped in and continued the Avoda. However, as the Bartenura notes, since "the Keri comes forth from his (the Kohein Gadol's) body, it is the most shameful and repulsive (Meguneh u'Mecho'ar) of all impurities." R. Bunim derives an important Musar Haskeil from this Mishna that we can appreciate in the light of the Bartenura's comment. "There was purpose, then, behind the 'miracle' that our Mishna records. If this particular cause of defilement never happened, Providence evidently wished to spare the feelings of the Kohein Gadol;such an occurrence would have brought him shame and loss of esteem, and doubly so as a mark that perhaps Heaven held him in disfavor. Hence, this was recorded not as an interesting, curious oddment, but for its moral for all generations long after the Sanctuary remained only a hallowed memory in our annals. Providence would not let a man suffer public shame." Bunim concludes, "Let us be as sensitive to the feelings of our fellow-man, in everything we do." The Mishna reads, "Nothing was ever found in the Omer, the Two Loaves, or the Show bread to ritually defile them [and disqualify them from being offered in the Mikdash]. With reference to the Omer, the Torah says, "When you come into the land …and reap its harvest, then shall you bring an Omer of the first of your harvest (i.e. barley, Menachot 84b) to the Kohein; and he shall wave the Omer before the Lord… on the day after the Sabbath (in this context, Sabbath refers to the first day of Pesach… And you shall eat neither bread nor parched or fresh grain, until this very day, until you have brought the offering of your G-d" (Vayikra 23:10-11,14). Despite precautions, the Omer could still become ritually impure, e.g. it could be inadvertently exposed to a dead Sheretz etc. Should the cut barley, which had to be harvested at a specific time (Menachot 10:3), become ritually contaminated between the time of gathering until it reached the Kohein in the Azara, it could not be replaced. R. Bunim notes, "Scripture is clear: no bread or grain from the year's harvest might be eaten unless and until the Omer was brought. Should this sacred measure of barley have ever become ritually impure, it would have meant hardship for the people of Israel... Expecting the Omer to be offered the second day of Pesach, many everywhere would begin at once to eat bread (i.e. baked goods prepared) from the new crop and violate the Torah's law in all innocence… Where the people could not ensure their own safety against transgression, Heaven took a hand. The Omer never became Pasul." <to be continued> Catriel's book in progress: The Temple of Jerusalem, A Pilgrim’s Perspective; A Guided Tour through the Temple and the Divine Service Parsha Pix TTRIDDLES... Last issue’s (PINCHAS) TTriddles: NachKwestion of the Week TTriddles prize this week also to CF, a TTreader from Buenos Aires for his work on [1]. This week's TTriddles: NachKwestion of the Week: Israel Center Miscellany Help young couples (evacuees and children of evacuees) from Gush Katif get ready for the arrival of their newborn babies - Tzedaka - Matan B’Seter - The money collected will be used to buy carriages, cribs, layettes...Make checks out to the Israel Center. Write on the envelope: Gush Katif - Baby Fund, For more info. call Sara 0505-444-397 An enormous THANK YOU to IRVING ABRAMOVITZ for lending us his extensive and superb video collection. This treasure trove consists of films, concerts, Yiddish theater, Chazanut, and much more. For many months ahead, the Israel Center family will enjoy these videos. What a special act of kindness and generosity! Thank you, Mr. Abramovitz, for sharing your collection with the ICVC and JewishVideo and Lunch, programs of the Dr. Maurice E. Joseph Jewish Video Resource Center NESTO Native English-Speaking Teen Olim Tiyulim and Shabbatonim LUNCH? When a tiyul says “bring your own lunch”, you can order one instead from the Israel Center Cafe. When you make your reservation for the tiyul, request a box lunch, or call the CAFE (ext. 257) up to the day before the TIYUL. 18NIS will get you a sandwich (your choice), a refreshing drink (regular or diet) and a dessert. Your lunch will be ready for you when you board the bus. BOOKED? When a tiyul is listed as BOOKED - you can call to be wait-listed; if you call, you will be called back if there is a cancellation, if we add a bus, or when we fix a new date for the tiyul. CANCELLATION POLICIES: We reserve the right to charge a cancellation fee in case of last-minute cancellations. Also... Price of tiyul is based on a minimum number of participants. STUDENTS FROM ABROAD: Parents visiting you this year? If so, speak to us! (566-7787 ext. 261) to see if we have any tiyulim or Shabbatonim (call Ita Rochel ext. 204) that they might be interested in. KASHRUT POLICY: Food for Israel Center In-House programs is supervised by OU-in-Israel-Mehadrin. Israel Center sponsored trips and programs are Mehadrin. Hotels, restaurants, and tiyulim advertised by outside parties are not necessarily Mehadrin and are not endorsed by the OU or the Israel Center. Calls from abroad: Due to time differences, we recommend that people from abroad fax 972-2-5660156 for attention of Travel Desk or email tiyul@israelcenter.co.il. Please be sure to include email or fax number for reply, in addition to phone number. Israel Center tiyulim are partially subsidized by the Jewish Agency for Israel Wall to Wall Friday, July 21st BOOKED Palmach Museum Sunday, August 13th BOOKED The next Israel Center In House Shabbaton - Shabbat Parshat Re'e (M'vorchim) - FRI-SHA August 18,19 - Special Guest: Rabbi Neil Winkler, Rav of Young Israel of Fort Lee, NJ - Mincha - 5:45pm (Early Shabbat - before Plag), Candle lighting - 6:00pm followed by Kabbalat Shabbat with Rabbi Eddie Abramson, Friday night shiur by Rabbi Abramson, Shabbat davening (8:00am) by Chazan Binyamin Munk and Sons, Drasha by Rabbi Emanuel Quint, Shiurim by Rabbi Winkler; Divrei Torah, Tidbits... and more, Sign up by Rosh Chodesh Av at 220NIS p.p. (250NIS for non-members), Av prices 250/280, Call 566-7787 ext. 204 to reserve ARAD - Special for Bein Hazmanim - Family time at the Inbar Hotel, Sunday-Wednesday, August 6-9 (4 days, 3 nights), Mehadrin meals, Hashgacha T'midit of HaRav BenZion Lipsker, Chief Rabbi of Arad, meat & chicken - Rav Landau, all other products Badatz, Tours, Daily shuttle to Ein Bokek, separate beach on the Dead Sea, Spa and Pool on premises, Shiurim and lectures, Dance groups, Special evening activities, Children's activities: Tours, Jeep Rides, Magician, Puppet Theater, Arts & Crafts, Surprises - 975nis p.p. dbl. occ. H/B, 1080nis p.p. dbl. occ. F/B, Transportation additional, Call the Travel Desk to register - Shulamit's tiyulim are always treats; Come- You will surely enjoy her delicious sweets! Tour of the world-famous Belz Synagogue - WED Aug 16, 3:00pm, 18NIS members (26NIS non-mem.), Advance registration & payment required, Participants will be informed of the meeting place upon registration Save this date - Tuesday, August 22 - Visits with Gush Katif “Expelees”, Guided by the famous "celery lady" - Anita Tucker, 8:00am - 4:00pm, a very special experience. Don’t miss it, mark your calendar and reserve even before you have the rest of the details The Palmach Museum, Tel Aviv with Nachman Kupietzky, Monday, August 28th - Check-in 12:05pm • Leave Center 12:15pm PROMPTLY • Return 5:00pm (approx.), See the newest state-of-the-art museum vividly portraying the pre-state defense army of Israel, 85NIS (100NIS non-members) • must pay in advance • Limit: 25 people, Call Travel Desk (ext. 261) to reserve The Back Page of TT724 Schedule for Erev Shabbat to Erev Shabbat, 25 Tammuz - 3 Av (July 21-28) Friday Friday Eve Shabbat day Motza'ei Shabbat SUN-Thu in the Ganchrow Beis Medrash (first floor) Sunday Monday - N'SHEI LIBRARY 10:00-12:30 Tuesday Wednesday Thursday Friday Upcoming at the Israel Center Motza'ei Shabbat, July 29th, 9:30pm: Report from Washington: The inside story of...Plans for an international force to protect a future Palestinian state, Plans for the further disengagements as promised by Israel to the U.S. with David Bedein reporting Sunday, July 30th - 8:00pm: Yeshiva University in Israel and the OU Israel Center present a pre-Tish'a b'Av talk by Dr. Meir Wikler on HAKARAT HATOV; Hashkafa and Practical Aspects UPCOMING lectures by Dr. David Luchins at the Israel Center... If our hoped-for festive meals and concerts will not be able to take place on the 9th of Av this year, then... Videos in August: Repeats at different times - PAPERCLIPS (82 min.), TWO SHOWINGS: TUE Aug. 8 - 2:00pm AND 4:30pm; OPERATION THUNDERBOLT: TUE Aug. 22 - 7:00pm OU ISRAEL CENTER [The Parshat Matot-Masei Homepage]
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