MISC section - contents: [1] Vebbe Rebbe [1] From the virtual desk of the OU VEBBE REBBE Q: I have a monetary dispute with someone, which I have tried to settle through compromise. Last week, I received a hazmana (summons) from a beit din to appear as a defendant on the matter on a certain date. I do not know that I want to use that beit din, and I also do not know the extent of the claim. If it is reasonable, I may pay to avoid machloket and headache. Do I have to come to the beit din who summoned me unconditionally, as their letter implies? A: Your attitude is healthy in several ways. You are willing to compromise to avoid machloket, and you seem aware that any adjudication should be before a beit din, regardless of your chances to win (see Choshen Mishpat 26). We wish more people had your approach and are happy to share the clear halachot regarding your situation. Regarding the choice of a beit din, when the problem is that the litigants live far from each other, the defendant has precedence (see Shulchan Aruch, CM 14:1). When the lack of agreement has to do with the sides’ feelings towards the different batei din, neither side can force the other to accept a specific beit din. Rather, the system of ZABLA, in which each party picks a dayan and the two dayanim select a third, is employed (ibid. 3:1). There are two primary limitations on ZABLA. One exception is that if the plaintiff’s beit din is a “set beit din,” to the exclusion of others in the area, the set beit din has jurisdiction (Rama ad loc.). This situation is generally uncommon in major, contemporary Jewish communities. Additionally, if the beit din that summoned feels that one party’s “ZABLA dayan” is unfit to serve that role, they can disallow him (ibid. 13:1). In any case, the staff of the first beit din comprises the “point men” until a valid panel is chosen for the purpose of binding adjudication. You should respond to them promptly and respectfully and follow their procedural instructions unless there is a reason to suspect their credentials. Although you need not accept them to hear the case, it is not necessarily fair to discount them just because the other side chose them. In theory, it is sufficient that a hazmana contain the identity of the plaintiff and the beit din and the time and place of the summons (see Halacha Psuka, Choshen Mishpat 11:(7)). In practice, many batei din expect the sides to present their respective claim and counterclaim in significant detail prior to the hearing in order to make matters run more smoothly. The question arises when the defendant demands information that the plaintiff is unwilling to divulge before the hearing. The B’er Sheva (cited by the Shach, CM 13:1) learns from the concept that one does not divulge all of his claims outside court (Bava Batra 31a), that one is not required to divulge any details of his claim. This is to not allow the defendant time to fabricate a defense. The Shach deflects the B’er Sheva’s proof and explains that a defendant has the right to know something about the case, so that he can consider complying with the plain- tiff’s demands rather than go to court. Most poskim (including the Netivot, ad loc.; see Pitchei Teshuva, ad loc.:4) accept the Shach’s opinion. How much detail must the plaintiff divulge in order to satisfy the defendant’s demands for information? Does it apply to the amount of money, as you inquire? The Shach’s reasoning certainly applies to the amount of money, which is crucial to determine whether he will bother to adjudicate. In fact, the Urim (13:1) says that even those who do not accept the Shach’s opinion agree that one has to at least divulge the amount of the claim. The Pitchei Teshuva (ibid.) adds that one has to tell what type of claim it is (loan, damages, etc.). The plaintiff certainly does not have to divulge his evidence (Shach, ibid.). In summary, while the beit din’s hazamana appears legitimate, you can demand a different beit din (at least a ZABLA) and you can make your response dependent on knowing the extent of the plaintiff’s demands. 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) Generations later, Rabbi Yehoshua of Kutne read this talmudic passage and concluded that, rather than presenting two different portrayals of the Splitting of the Sea, R' Meir and R' Yehuda offered one unified vision. The twelve tribes were neither absolute heroes nor complete cowards, but rather average human beings torn between the desire to assume responsibility and the inability or unwillingness to act upon this desire. Preferring to occupy the moral high ground between the world of good intentions and that of concrete action, the Jewish People were caught at a standstill until the bravery of one person, Nachshon ben Aminadav, propelled them to their destiny. The events of the past two summers in Israel, coupled with scandal after scandal in the upper echelons of the Israeli government, have forced normal Israeli citizens to ask the question: Where are our leaders? Far too many of us, however, are satisfied to live with this question, following in the footsteps of our desert ancestors who preferred to talk about "diving in" rather than actually getting wet. It is only when we ourselves assume responsibility, rather than merely talking about how things should be better, that we can brave the stormy waters and march confidently ahead to the Promised Land. 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] Wisdom and Wit R’ Nachum barely eked out a living as the shamash of the local shul, and spent all of his free time helping others. For example, he collected tzedaka money which he paid to the local baker, shoemaker, and tailor. With that money, the baker gave the poor free bread, the shoemaker fixed their shoes, and the tailor mended their clothes. R’ Nachum would give five daily shiurim in the shul, without receiving pay for any of them. Each Friday evening, all the Jewish soldiers who had been posted to the area would line up after davening, and R’ Nachum would find a place for each one to eat. He would bring to his own home all those for whom he could not find a place. 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] Portion for the Portion by Rakel Berenbaum - FEEDback to berenbau@actcom.net.il Here we are confronted with the following verse "Moshe said to the people, 'Do not be afraid, stand and you will see the salvation of Hashem, that He will do for you'" (14:13). In a long Ibn Ezra, he asks a question on this verse. How is it that the Jews didn't even think to fight their Egyptian pursuers? The 600,000 Jews surely outnumbered the Egyptians that followed them. And the Jews left Egypt armed. Why didn't they fight to save themselves from the Egyptians? The Ibn Ezra answers his own question. The Jews had been slaves to the Egyptians for many years, they had the yoke of servitude on their shoulders. They felt inferior to the people who had been their masters for many years and therefore they didn't have the courage to fight. They didn't realize the potential power that was available to them if they all worked together and mustered up strength, ambition and combined effort. Rav Chayim Shmuelevitz says we should keep this in mind in all of our daily battles with the world around us. If people views themselves as inferior they will not believe in themselves and their abilities they will become totally discouraged and they will not even try to fight. On the other hand if we realize that we have great potential and are aware of our strengths then if we set our mind to something we should be able to succeed. TU BiShvat is also a celebration of the potential. TU BiShvat was chosen as the Rosh Hashana, the new year, for trees. The determining date for calculating the tithes (taxes) on fruit, due that year. It was the beginning of a new fiscal year since the verse says "You shall tithe all the yield of your seed, which comes forth from the field year by year (D'varim 14:22). Most fruit trees in Israel are dormant during the first half of the cold rainy season and due to low temperatures are unable to absorb water and nutrients from the soil. The Rabbis wanted to establish the new year for the trees on the average date on which the fruit trees begin to awaken from their dormant season and start to make use of the water already available in the ground. This happens in SHVAT. The establishment of this date was used to mark the start of the fruits formation. The new year of the tree celebrates the beginning of the trees use of its potential and not the completion of the fruit. Let us learn from the verse in the Parsha and from the trees to not fear to use our potential. Almonds are one of the first trees to blossom in Israel - so here are two almond recipe for TU BiShvat. 10 Minute Strawberry Almond Pie Almond Apple Chicken Salad [6] Parsha Points to Ponder - B'SHALACH 2) Why does Moshe, when speaking to the Jews on Friday, tell the Jews that Shabbat is going to be TOMORROW (15:23)? Shouldn’t he say TONIGHT? 3) Why did Moshe specifically choose Yehoshua to go select soldiers to fight against Amalek (see 17:9)? THESE ARE THE ANSWERS 1) The Ohr HaChayim answers that G-D wanted the Jews to actively perform this trap to strengthen them when the Egyptians actually attacked. We see that the Jews complained to G-D even despite the fact that they took part in this ruse (14:10-11). Their panic would have been far worse and devastating had they not been a part of drawing the Egyptians to attack. 2) Rav Yaakov Kaminetsky uses this verse to further support his contention that prior to the giving of the Torah halachic days began in the morning and not in the evening as they do after the giving of the Torah. (Rav Yaakov uses this idea to explain numerous other verses.) 3) The Chafetz Chayim points to the fact that the Torah describes Yehoshua as someone WHO DID NOT MOVE FROM THE TENT (Sh'mot 33:11). This means that he did not cease from studying Torah. The Jews were attacked by Amalek because they were lax in their connection to Torah (Bechorot 5b). Thus, Moshe chose Yehoshua who displayed the opposite to lead the Jewish people to victory over Amalek. 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",just re-published by Feldheim, ppp@israelcenter.co.il [7] Torah KidBits The Shabbat we read Parshat B'shalach is called Shabbat Shira - the Shabbat of Song. After Bnei Yisrael left Egypt, Par'o decided he wanted them back. He took his entire army and set out to chase the Jews. But the Jews had reached Yam Suf - the Sea of Reeds and couldn't go forward. In a tremendous miracle, Hashem split the sea in two so the Jews could pass through on dry land! When the Egyptians reached the shore and tried to cross, the walls of water came crashing down. The entire Egyptian army drowned. Moshe and all the people sang Az Yashir - one of the most beautiful songs in the Torah - to thank Hashem for this amazing miracle. There were more miracles after that. The people needed food. They had no fields to plant and no place to buy. Instead, their food came down from heaven. It fell to the ground every morning, fresh, nutritious and covered with dew. Mahn hu? they asked. What is it? And so they called it "mahn". Moshe told them to gather enough mahn for each day, one day at a time. The next morning Hashem would send more. On Friday mornings, however, they were to take two portions of mahn - one for Friday and one for Shabbat, because no mahn would fall on Shabbat. For forty years G-d fed the Jews in the desert with this miraculous food. They could cook it or bake it or roast it. It tasted like any food they desired. When they entered Eretz Yisrael, the mahn no longer appeared. Now they had to plant and reap crops in their fields. But Eretz Yisrael was a blessed land, a land flowing with milk and honey, a land of wheat, barley, grapes, figs and pomegranates; of olives and dates; a Land where they would eat their full in safety and joy, just as they did when they found the mahn in the desert. There was just one condition: The Land would only produce its crops if they followed G-d's Torah. B'shalach and the story of the mahn is always read during the week of Tu BiShvat - the day Hashem blesses the fruits of the Land of Israel. This year, Shabbat Shira falls on the 15th of Sh'vat - the exact date of Tu BiShvat. Today we don't eat mahn from heaven, but we can eat our fill of "mahn" which comes from the ground - the blessed fruits of Eretz Yisrael. [8] MicroUlpan [9] Torah from Nature They can eat as much as 80% of their weight in one meal! That could mean over 100 kilo of meat for a 130 kilo dragon. And you thought dragons were fictional animals. Now get this - "Blood plasma of Komodo dragons contains powerful antibacterial substances that could be developed as new useful antibiotics in the ongoing worldwide battle against the evolution of antibiotic-resistant microbes." This kind of fact goes beyond MRMH to show us how G-d's creatures can benefit us. Not only does the KD reproduce sexually - as most animals do, but it is capable of parthenogenesis. A female KD can produce viable eggs without a partner! (It involves chromosomes that duplicate themselves rather than combine with those from the partner.) The offspring in this case will all be male. When they mature, they can mate with their mother and produce both male and female offspring. A single female KD is thus capable of populating a new habitat on her own. [10] Shabbat Shira The Torah (in Parshat B'shalach) tells us that some people went out looking for MN on Shabbat, even though G-d (through Moshe) had told then that no MN would fall on Shabbat and that they were to stay put. We have a Tradition that the people were Datan and Aviram, and that they had scat- tered MN around the camp late Friday night and were planning to "make a liar" out of Moshe by "finding" the MN on Shabbat morning. Their plan was thwarted by birds that had eaten up the MN. This preserved the integrity of G-d's word and Moshe's. In grateful acknowledgment, the custom came about to feed birds (who food supply during the winter is skimpy, at best) on (Erev) Shabbat Shira (and all winter long). A different reason - but one that also is based on HAKARAT HATOV, is that we "borrowed" Song from the birds in order to thank G-d and acknowledge Him for the miraculous events of the Exodus, which culminated with the Splitting of the Sea. Song is the bird's method (so to speak) of praising the Creator. Since we used that medium at the Sea, we feed birds on (Erev) Shabbat Shira. One way or the other (or another), we need to be sensitive to the needs of other creatures, and to teach our children about HAKARAT HATOV. [11] A favorite Bracha-Dilemma in honor of TU BiShvat This question has some different possible solutions. But before the answers, let's look carefully at the question and some of the premises that it is built on. Shulchan Aruch states that if you have more than one fruit, all with the same bracha, then the honor of the bracha goes to fruit among the 7 Species (D'varim 8:8). The 5 fruits among the 7 Species are also prioritized, with top honor going to Olives, because they are mentioned in the pasuk first after the word ERETZ (that is, the second ARETZ that appears in the pasuk). Dates are second to be named after ARETZ. Grapes, figs and pomegranates are third, fourth, and fifth after the word ARETZ (albeit, after the first ARETZ in the pasuk). Although they precede olives and dates in the pasuk, they "dropped" to third, fourth, and fifth position because wheat and barley are mentioned before them. This "pushed" olives and dates into the first two slots. So if all you had to choose from in the Bracha Question above were raisins and apricots, you'd make the Borei Pri HaEitz on the raisins, because they are from Shiv'at HaMinim, even though you like apricots better. Then Shulchan Aruch deals with more than one "fruit" with different brachot involved (meaning both HaEitz and HaAdama). One of the opinions brought in this case is that CHAVIV (which you generally like better) determines what gets the first bracha. If you just had apricots and pineapple to choose from, HaEitz on apricots would be said first, and then HaAdama on the pineapple. Raisins and pineapple, HaAdama on pineapple would go first and then HaEitz on the raisins. With just this information from Shulchan Aruch (and not other opinions that are mentioned), the question stands. Raisins beats apricot because of Shiv'at HaMinim AND the same bracha. Apricots beat pineapple and pineapple beats raisins because of CHAVIV AND two brachot. The opinions upon which the question is based seem to be the majority opinions among Rishonim and poskim. Two different "minority" opinions that are mentioned in Shulchan Aruch and in the Mishna B'rura (actually, in the Bi'ur Halacha) would obviate the question. Shulchan Aruch's first-presented opinion where two brachot are involved is that you can choose whatever you want to make the bracha on first. Neither CHAVIV nor Shiv'at HaMinim would dictate what goes first. In our situation, according to this opinion (although it is mentioned first, the Bi'ur Halacha says that it is a minority opinion that we don't accept), you can start with the raisins or the pineapple. (Not the apricot, because raisins have Shiv'at HaMinim priority.) Bi'ur Halacha also mentions some minority opinions that HaEitz always goes before HaAdama (which is not how we poskin, but it is what many people probably thought was the obvious ruling). According to these opinions, there is also no question here. Raisins would go first and then the bracha on pineapple. There is a third possibility. Shulchan Aruch tells us the Rambam's opinion, namely that regardless of whether we are dealing with one or two brachot, Shivat HaMinim or not - CHAVIV always goes first. (And, Rambam's definition of CHAVIV is what you want most NOW. Not what is CHAVIV to you in general.) Accordingly, if apricot is not only your favorite, but that's what you want most now, then it gets first bracha. There is an implied (but not stated) conclusion by the Shulchan Aruch, that the majority of Poskim hold Shiv'at HaMinim within the same bracha, and CHAVIV between two brachot. And on this basis, our question still stands. So what's to be done? Rabbi Reuven Aberman suggested an interesting solution. He said that when the Halacha P'suka (the authoritative opinions that we follow) sends us in circles (as in this case), we can call upon another opinion mentioned and see if it will help. And, sure enough, Rambam is available (so to speak) to help us out of the loop. You like the apricots best? And that's what you want most now? Go for it, says the Rambam. No problem. No dilemma. Rambam to the rescue. (It is probably fair to say that some of the other "opinions that we don't usually follow" will also get us out of our problem situation.) Besides being an interesting question, the foregoing was presented as a reminder of the complexity of the laws of brachot, and of the value in learning more of the details in order to improve our performance of the mitzva of making brachot. On the other hand, in your quest for details, don't forget the broad concept of brachot - we acknowledge and thank G-d for this amazingly diverse world He created and placed us in. Happy TU BiShvat. [12] G’matriya [13] Torah from a Talmid (a) The Parsha first starts out with Hashem taking the Jews out of Egypt through a circuitous route because He is afraid that the people may want to return to Egypt if they are attacked. At this point we must ask ourselves, why would Bnei Yisrael possibly want to go back to Egypt? The Jews, including the women and children, suffered torturous slavery there. They yearned to leave Egypt for so long, and now that the opportunity is finally here, could they possibly want to go back? Then when Am Yisrael was waiting by the Yam Suf, while the Egyptian army was advancing on them, they turned to Moshe and asked, ”Is it because there was a shortage of graves in Eygpt that you took us to die in the desert? What have you done to us in taking us out of Egypt? (14:11) Could it be that after the spectacular miracles and strength Hashem showed in taking Bnei Yisrael out of Egypt that they could possibly have such a lack of Emunah? Do they really think that Hashem was able to take them this far, but now He will be defeated by the Egyptian army and not be able to protect the Jews? When Bnei Yisrael reached Mara and found that the water there was bitter they again complained to Moshe saying, “What shall we drink? (15:24) “After just witnessing Kri'at Yam Suf, just three days earlier, and singing a glorious praise to Hashem, how could Bnei Yisrael possibly think that He is now going to forsake them and not give them water? When the Jews came to the desert of Sin, they once again started to complain. This time, they went to Moshe and Aaron saying, “If only we had died by the hand of God in the land of Egypt, when we sat by pots of meat, when we ate bread to our fill! For you have brought us out into this desert, to starve the entire congregation to death! (16:3) “Could Bnei Yisrael really be so small-minded as to prefer to die satiated by meat and bread in Egypt, rather than patiently wait and show faith that Hashem will take care of them? Bnei Yisrael’s third and final complaint in the Parsha happens in Refidim. Again, when they first arrive there is no water, so in the words of the Torah, Bnei Yisrael “quarrel” with Moshe. Once again we are compelled to ask, especially after Hashem has already proven that he will provide them water in Mara, where is Bnei Yisrael’s Emunah in Hashem? With miracle after miracle, Hashem has proven that he provides for and protects Am Yisrael. It is just mind boggling that Bnei Yisrael show such a lack of Emunah in Hashem. Do they really believe that Hashem did all He did for them, taking them so far in every instance only to abandon them along the way? The Lubavitcher Rebber in his Sichat Shabbat for Parshat Beshalach suggests the following, which seems to answer our questions. The Parasha starts off, “When Par'o sent the people away.” We are told that Bnei Yisrael didn”t simply leave Egypt on their own, but had to be sent away by Par'o. This implies that there were some Jews who did not want to leave Egypt, and only did so because Par'o sent them out. It could be possible that after the Ten Plagues and the magnificent miracles that Hashem performed in Egypt, these Jews believed that Par'o would no longer oppress and enslave the Jewish people. Instead they would be allowed to live in peace and comfort. The question for these Jews would now be, why leave all this comfort and tranquility, as part of the world”s most powerful nation, to go wander in the desert? This explains very well why Hashem had to take Bnei Yisrael in a circuitous route away from Egypt so that they will not be close by and want to return. This also explains why Bnei Yisrael always complained to Moshe that things were better in Egypt, why were they taken out from there? The message from this is obvious for all of us today. We often find ourselves sitting in positions of comfort, unprepared to push forward into the “desert” leaving all of our luxuries behind and following in the ways of Hashem. All though we look at Bnei Yisrael in this week’s Parsha and are fast to judge, would we have done much better ourselves? Do we do much better in our situations today? We should take this as a lesson and learn from their mistakes. We must not get caught up in the comforts and luxuries that modern life often provides, rather push forward with Emunah in our Avodat Hashem. YSMZ is a learning program for graduates of Yeshiva high schools throughout North America, Canada and various European countries including the UK. It offers serious students the ideal experience of learning Torah in Israel, through a unique blend of Torah learning on the highest level and the warmth and friendliness of a small Yeshiva. [14] Divrei Menachem Let us first recall the teaching that Hashem hardened the heart of the mighty Par'o and took the Israelites on a twisty and extended journey through the wilderness in order to give rise to extended and continuous miracles (R' Chananel, Rashi). Thus would the lessons of Hashem's omnipotence and control of destiny be better engraved in the minds of doubting individuals. Now, when Par'o realized that the slaves were not returning, he should have been terrified to consider bringing them back, following all the horrendous plagues that befell his people. However, as Bnei Yisrael retraced their steps and halted before Baal Tzefon, Par'o clearly rationalized that his god had forced them to return. Later he denied Hashem's role in the splitting of the sea and relied on the east wind to protect his chariots. As for the Jews, the organized Egyptian army was enough to cause many to panic, to ignore the recent miracles, and to prefer to die in Egypt rather than contend with their pursuers. As for us, where does our collective memory lead us today? [The Parshat B'shalach Homepage]
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