MISC section - contents: [1] \From the virtual desk of the OU VEBBE REBBE Q: I rent out an apartment, primarily for tourists for short stays. Often when I straighten up after they have left, I find articles of varying values left behind. I have spent numerous hours tracking down people and figuring out how to return items, many of which I know they do not care about. Do I have to continue expending funds (including mailing, writing checks instead of sending cash) and an excessive amount of time? A: First we commend you for doing the mitzva of hashavat aveida (returning lost objects) so diligently. It is possible that some of the returning was unnecessary (for reasons beyond our scope), but one of the major applications of acting beyond the letter-of-the-law is in this area (see Bava Metzia 30b). The letter of the law is open-ended, applying even to an object worth a p'ruta (a few cents) and not clearly limiting the amount of toil one needs to expend (see Pitchei Choshen, Aveida 8:1). You may demand compensation for related expenses and lost revenues (Shulchan Aruch, Choshen Mishpat 265:1), but we doubt you feel comfortable doing so. However, the essence of the mitzva is to help others, and at times the amount of effort is disproportionate to the recipient’s benefit, to the extent that he would not have wanted you to bother. It seems that in such cases, the spirit-of-the-law is that you should not have to bother. The only reason we bring up the spirit-of-the-law is that in cases it does not apply one need not feel bad about devising a valid halachic device to exempt himself from the mitzva, as we will discuss. Often shuls are inundated with unclaimed objects left behind, many of which will never be returned to their owners. Many deal with the problem by posting a sign stating that items that remain unclaimed for x days will be deemed hefker (ownerless). In fact, several prominent poskim have given this advice (Igrot Moshe, Choshen Mishpat II, 45; Minchat Yitzchak VIII, 146; Shevet Halevi IX, 308). In your case, where it is relatively easy to track down some owners, it seems wrong to make the matter a function of time alone. Rather, we suggest writing in a lease or stating clearly before the renter’s occupy the apartment the following: "Anything that is worth less than $20 and is apparently not of sentimental value will be held for two weeks. The renter exempts the landlord from making efforts to report finding such items, and the renter hereby relinquishes ownership to them as of two weeks after the end of the rental.” For more valuable items, you should continue“ going the extra mile.” Let us briefly explain the mechanism of this provision, something that the aforementioned poskim did not spell out. The gemara (Bava Kama 69a) discusses one who did not want the poor to be guilty of thievery if they took more produce than the laws of matnot aniyim allowed. He, therefore, wanted to declare in the morning that whatever extra they would take was hefker retroactively to the moment of the declaration. The complication is that it is not clear which pieces of produce would be the extra ones slated for hefker. Therefore, bereira (retroactive determination) is needed for the hefker to take effect, and this depends on the machloket among Tana'im whether bereira works (ibid.). We rule that bereira does not work in regard to Torah laws (Beitza 38a). How then can one be mafkir an undetermined object that will be lost to exempt from the Torah law of hashavat aveida? The answer is that bereira applies only when the matter must take effect retroactively. If the hefker can take effect on delay at the time the matter is determined, it works (Tosafot Bava Kama 69a; see Shut Harashba II, 82). We also included an exemption from hashavat aveida prior to the hefker so that you should not be required to make efforts on insignificant matters during the two weeks. This works based on the rule that the intended recipient of mitzvot between man and man can exempt another from performing the mitzva on his behalf (see Tosafot, Shavuot 30b; Shut Harashba I, 18). 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) Closer to our own time, R' Avraham Borenstein of Sochachov (1830-1910) dealt with the question of Aliya, and came to the following conclusions (Avnei Nezer 2:454). Dwelling in the Land enables the execution of the mizvot connected to the Land. Further, if people live in the Land and do the mizvot, this will enhance the sanctity of the Land. This will ensure that the Land becomes a source of blessing, which in the case of Eretz Yisrael is always the result of Divine Will. For the Sochachover, living in the Land was as great an imperative for him and those in his time as it was for Moshe Rabeinu. Perhaps Moshe's cry to be allowed to enter the Land was the ultimate rationale for the Sochachover in modern times. Rav Chaim Brovender, Rosh HaYeshiva, Yeshivat HaMivtar Orot Lev TORAH THOUGHTS as contributed by Aloh Naaleh members for publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication on Parshat HaShavu'a [4] A Touch of Wisdom, A Touch of Wit In his talk, he castigated the people for their sins, for not studying Torah, for not praying with the proper intention, and the like, as was the custom of maggidim at the time. While he was yet speaking, the Baal Shem Tov rose, called the community leader, and both left the shul. With them gone, everyone else followed suit, one by one. The maggid was forced to cut his speech short. The next day, the maggid came to greet the Baal Shem Tov and asked, "Why were you so angry at what I said?" "How dare you speak evil of the Jewish people?" said the Baal Shem Tov, with tears in his voice. "A Jew is forced to work the whole day to try to eke out a living, and then, just before sunset, he realizes he hasn't prayed. He runs into the shul and prays mincha in a rush. He doesn't concentrate on the words, yet his prayer makes a mighty impact in Heaven." 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 - VA'ETCHANAN THESE ARE THE ANSWERS 1) The Vilna Ga'on explains that these are actually two separate commands. This week's Parsha deals with adding to the 613 mitzvot. Thus, it is taught in plural since we are dealing with adding to all of the mitzvot. The command in Re'ei refers to adding components to individual mitzvot. Therefore, the Torah teaches that nothing should be added to each individual mitzva, in singular. 2) The Meshech Chochma answers that part of the reason why Moshe was punished with not entering` Eretz Yisrael as opposed to some other punishment related to idolatry. There was a fear that the next generation who would be settling Eretz Yisrael and did not experience Moshe in the contentious desert experience could begin to worship Moshe as a divine being. Idolatry is so horrific that this led to G-D denying Moshe the right to enter Israel. Thus, the insertion regarding Moshe's punishment which demonstrates the stringency of idolatry works in perfect consonance with the verses preceding and following this one. 3) The Chatam Sofer teaches that these are the two of the dibrot which people could think apply only in given situations. If one does not need rest, then he does not have to observe Shabbat. If one's parents did not treat him properly, one could rationalize that no honor is required. Therefore, the Torah specifies that we must adhere to these commands in all situations because G-D HAS COMMANDED YOU to do regardless of the circumstances. Parsha Points to Ponder is prepared by Rabbi Dov Lipman, who teaches at Reishit Yerushalayim, Tiferet, and Machon Maayan in Beit Shemesh and RBS and is the author of "DISCOVER: Answers for Teenagers (and adults) to Questions about the Jewish Faith", soon to be re-published by Feldheim ppp@israelcenter.co.il [6] Portion for the Portion by Rakel Berenbaum - FEEDback to berenbau@actcom.net.il The Admor from Kozmir sees an answer to this question from a verse in the portion of Balak. Bil'am was looking to find faults in the children of Israel so that he would be able to curse them. Balak gave him a suggestion to go to a place where Bil'am would only be able to see " a small section of the Israelite camp, and you will not have to see them all. From there you may be able to curse them for me" (Bamidbar 23:13). Balak explained to Bil'am that if he looked at the group as a whole he would not be able to find faults, but if he looked only at certain parts then he would find problems. Hashem was teaching Moshe the same lesson. If he truly wanted to see the good in Israel he couldn't just look at the good. By asking to see just the good it sounds like there is something bad as well. But if you look at the whole, any small badness that is around gets enveloped by the goodness and it is as if there is no bad because the majority is good. This is similar to how Hashem judges all of Israel - we are all in it together - HATOV UMEITIV LARA'IM V'LATOVIM - V'KOL'LAM YACHAD. "He does good to the bad ones and good ones, and judges them all together". May we all see the good within Klal Yisrael and may Hashem judge us all positively. Pickled Black-Eyed Peas [7] Torah from Nature [8] G'matriya Match [9] MicroUlpan [10] Tu B'Av If you will ponder the various reasons for Tu B'Av, you can see in each a message of consolation and promise... and joy. • In the aftermath of the "Sin of the Spies", G-d decreed that the entire adult male population of that generation should die out during 40 years of wandering. Not only was this decree handed down on Tish'a B'Av, but the "sentence" was carried out on Tish'a B'av each year. Tradition tells us that each year on the 9th of Av, the men of Israel would dig graves and sleep in them. In the morning, Moshe would announce "let the living live separate from the dead". Each year, approximately 15,000 men were thus buried, the others living on for at least another year. In the final year of wandering, none of the remaining 15,000 dies. Not on Tish'a B'Av eve, nor the next night, nor the next. The people thought they had erred in the calculation of the days of the month, but when the full moon of Av took its place in the sky, all joyously realized that the decree against the remaining men had been rescinded through G-d's mercy. The 15th of Av was thus marked as a day of joy. It marks the existence of forgiveness, even from very serious sins. • Tu B'Av was the end of the season for wood-gathering for the Mizabei'ach. After this date, the power of the sun begins to diminish due to the shortening of the day. Since it is essential that the wood for the fires of the Mizbei'ach be free of worms and insects, it was feared that after Tu B'Av the wood might not sufficiently dry out to avoid infestation. The end of the wood-gathering season was an occasion for special korbanot in the Mikdash, and Tu B'Av was celebrated as a family festival by those involved in this mitzva. Note that just as Tish'a b'Av and TU b'Av were opposite sides of the same coin vis-a-vis the Sin of the Spies, so too are they here in that Tish'a b'Av marks destruction of the Temple; TU b'Av celebrates wood gathering for the Beit HaMikdash. • Following the terrible episode of the "pilegesh from Giv'a", there was a ban on marrying into the tribe of Binyamin. This ban was lifted on a Tu B'Av. • For a long period of time, due to a misunderstanding in the rulings concerning who the daughters of Zelofchad should marry, there was little or no inter-tribal marriage. After a later Sanhedrin clarified the issue, inter-tribal marriages became commonplace. This reuniting of all of Israel, was associated with Tu B'Av, and the cause of great joy. • The mishna referred to above, tells us that the young maidens of Jerusalem would wear borrowed white dresses, so as not to embarrass one who had no dresses... and they would dance in the vineyards.. (so that eligible young men might choose their brides). The two items mentioned above, and the fact that there have not been weddings during the Three Weeks (or at least the Nine Days), combine to make Tu B'Av a special day for Shidduchim and marriages, and a truly joyous day. • Following the fall of Beitar about 65 years after the destruction of the second Beit HaMikdash (on a Tish'a B'Av, non-coincidentally), the Romans did not permit the bodies of the dead Jews to be buried, as a punishment for rebelling against and resisting Rome. A few years later, a new emperor allowed burial of the bodies. Tradition records that this was on the 15th of Av. The bodies were found not to have decayed in the years that they lay unburied. The Sanhedrin at Yavne declared this a miracle and composed the fourth bracha of Birkat HaMazon - HaTov V'ha'Meitiv, to thank G-d for His kindnesses, even in darkest of times. [11] Divrei Menachem The language that Moshe chooses to express this overwhelming desire to enter the Land seems to have special import for us today, as our eyes turn northward beyond our current borders. For Moshe, invoking G-d's greatness, strong hand and mighty acts (D'varim 3:24), implores Hashem to let him, "Cross the good Land… to the good mountain and the Levanon." From where Moshe stood, the mountain would refer to the hilly range in the center of the country and the Levanon to the northern mountains (R' Meyuchas). From a deeper perspective, however, the "good mountain" invokes the Temple Mount, also called Levanon from the root Lavan (white), because the Bet HaMikdash whitens sin (Sifri). Implicit for us is a strong message. For even while our eyes are turned to Lebanon and we pray that our army will prevail, we concurrently turn our thoughts towards the metaphysical Lebanon. We remind ourselves of the higher spiritual purpose for which, like Moshe, our people sometimes make the ultimate sacrifice. [The Parshat Va'etchanan Homepage]
|
