MISC section - contents: [1] From the virtual desk of the OU VEBBE REBBE Q: When I get an aliya, I read along with the laining (Torah reading), as I was taught. Not everyone does this. Is it a problem not to read along? A: Actually, there are opinions that one should not read along. The Zohar (see the Beit Yosef, Orach Chayim 141) says that only one person may read at a time. However, that source does not prevent the oleh (aliya recipient) from reading along for one or more of the following reasons: 1) The Zohar may have objected only to reading audibly (Beit Yosef ibid.), and the oleh should read so that he cannot even hear himself (Shulchan Aruch, OC 141:2). 2) The Zohar referred to Talmudic times, when the oleh also lained so that there was no need for another to read (Darkei Moshe, Orach Chayim 141). 3) We prefer standard halachic sources, which sanction the oleh to read, to the Zohar (see D’var Hamishpat (Cohen) 1). Indeed, it is at least proper to read along quietly. The Rosh (Megila 3:1) says that if the oleh does not, his b'racha is l’vatala (meaningless and, thus, forbidden), as it does not make sense that A makes a b'racha on a Torah reading that B carries out. (The Talmudic system, whereby the oleh lained himself, is ideal. The Rosh explains that we separate the functions because when we, of necessity, give aliyot to people who do not know how to lain, it could cause embarrassment and/or invalid laining.) The Rosh concludes that a blind person and an am ha’aretz (a Jew who lacks a basic Torah education), who are unable to read from the Torah, may not receive aliyot. Many Acharonim ask on the Rosh: why, based on the halachic rule of shomei’a k’oneh (one who listens to a recitation fulfills the related mitzva as if he had recited it), does the oleh need to read along with the ba’al korei if he is listening? In fact, the Maharil (Hilchot Kri’at HaTorah) and the Taz (141:3) argue with the Rosh and say that a blind person and an am ha’aretz can get an aliya even though they cannot read from the Torah. The Taz brings a proof from the Yerushalmi that says that one person can make a b'racha on megila reading which another is reading. Sh’eilat Ya’avetz (I, 75) supports the Rosh’s approach. He claims that shomei’a k’oneh, while relating the text to the listener, is insufficient. Since laining must be read from a Torah scroll, the oleh, who is the official reader, must read from the scroll (at least with his eyes). The Bi'ur Halacha (to 141:2) explains that, unlike megila reading, where every individual must hear the reading, the individual oleh does not make a b'racha because he partakes in Torah study (which he did earlier in the morning). Rather, there is a special institution that one who reads from the Torah publicly makes a b'racha. Listening to another’s reading is not included in the specific element for which the b'racha should serve. Other explanations of the Rosh are beyond our present scope. How do we rule? The Shulchan Aruch (OC 139:3), following the Rosh, says that a blind man should not get an aliya, since it is forbidden to read the Torah by heart. The Rama counters that nowadays, when the ba’al korei does the reading on congregation’s behalf, it suffices that he reads from the scroll, and a blind man and an am ha’aretz may get an aliya. Yet, when the Shulchan Aruch states that the oleh must read along, the Rama does not dissent. The Bi'ur Halacha (ibid.) assumes that the Rama, too, prefers the Rosh’s ruling but relies upon the Maharil’s leniency only in the case of the blind and illiterate, who can not read along, and would thus suffer the disgrace of never receiving aliyot. Many Sefardic communities follow the Rama (see Kaf Hachayim OC 141:16). Regarding people who can, but do not, read along, it is the rabbi’s prerogative and obligation to educate, set down rules, and/or take steps to deal with the possibility that these aliyot do not count, as he sees fit. For you, it is enough to know that you are acting properly and that those who do differently, have the Maharil and Rama’s rulings to rely upon, b’di-avad. 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) The geographic borders of the Promised Land are described many times in the Torah, sometimes in general terms and sometimes in greater detail. In B'reishit we are told: "In that day G-d made a covenant with Abram saying: To your seed have I given this land from the river of Egypt to the great river, the river Euphrates." (B'reishit 15:18) See also Bamidbar 34:1-12 and D'varim 1:7. These descriptions are the "ideal" or perhaps the potential borders of Israel. Already in the days of Joshua, we learned to accept the geoolitical realities as well as the spiritual condition of the people, and to live within the real borders that these factors made possible. However, the borders of the Promised Land were always open ended, just as the possession of the land itself was conditional. While in some directions the borders seemed fixed by nature, in other directions they remained undetermined. 'Every place whereon the sole of your feet will tread, shall be yours; from the wilderness and Lebanon, from the river, the river Euphrates even to the last sea shall be your borders" (D'varim 11:24). There is a suggestion here of unlimited expansion. Indeed the request of the two and a half tribes to settle on the east bank of the Jordan was granted even though that had never been part of the original plan of the land of Canaan. Wherever the borders will ultimately be drawn, they will reflect "wherever the sole of your feet shall tread," that is to say, wherever our people have walked, lived and settled. Claims to a land cannot be based solely on Divine promises or historical documents. The promise of the land will be fulfilled when our people seize every opportunity to return and build a national life as we are doing today. We read in Tehilim: "You will rise and have compassion upon Zion. For it is time to be gracious unto her for the appointed time is come. For Your servants take pleasure in her stones and love her dust" (Tehilim 102:14-15). Jerusalem will be rebuilt only when the people of Israel yearn for it to such an extent that they embrace her stones and dust. And Jerusalem will remain ours only as long as our people's love for the land leads to Aliyah. Every Jewish family must have at least one of its members living in Israel! Rabbi Shubert Spero, Jerusalem 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’ Yehuda Leib of Zakilkov said, “It is better for a person to praise himself than to disparage others. If a person praise himself, he violates two prohibitions: he is conceited and he is lying. However, if one disparages another person, he violates three prohibitions: his takes pleasure at another’s misfortune, he is conceited, and he is lying.” 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). Excerpted with the permission of the copyright holder [5] Portion for the Portion by Rakel Berenbaum - FEEDback to berenbau@actcom.net.il No one should have to have an encounter with a thief, but in this week's portion we are given guidance as to how to handle ourselves if we should ever be in such a situation. The verse (22:1) reads, "If a burglar is caught in the act of breaking in, and is struck and killed, there is no blood for him." It is not clear who the pronoun LO (him) in the phrase EIN LO DAMIM - there is no blood for him - is referring to. Does it refer to the thief, or does it refer to the owner of the house that he is breaking into? Most commentators take the him to refer to the owner. For example the Ibn Ezra says that the owner is not guilty of murder if he kills the thief while he is stealing from him at night. Rashi explains that the thief - has no blood. He is like a bloodless and soulless being whom it is permissible to kill. But this seems very severe. All the person is doing is stealing. Why should he be treated as a non-entity? Rashi gives us insight into this question as well. He quotes the principle HABA L'HOR- GECHA HASHKEIM V'HORGO, If someone is coming to kill you, you should preempt him and kill him first. This thief is coming not only with the intent to steal, but also with the intent to kill if he has to. The thief knows that people would not stand idly by if their goods were being stolen and knows that he would have to kill the owner if he were to wake up. Therefore, we look at this thief not just as a robber, but as a potential murderer, a RODEIF, and we treat him accordingly. Oznayim LATorah elaborates seven different types of thieves with different types of punishments for each one. He says the one mentioned in this verse HGANAV - THE theif, with a HEI signifying that this one gets the most sever punishment for what he did. 1) Someone who steals a piece of bread because he is hungry. He is like other thieves and must pay back but the verse in Mishlei (6) tells us to have mercy on him. 2) The one who steals, regrets that he stole, confesses his crime - he just pays the amount he stole. 3)The one who stole and is found with what he stole has to pay back double. 4) The one who stole an animal and killed it and sold it has to pay 4 or 5 times what he stole. 5) Someone who kidnaps another Jew (and sells him) gets the death penalty. 6) The rebellious child who stole from his parents also gets the death penalty for educational reasons. 7) Someone who is caught BAMACH- TERET, breaking and entering to steal money - he gets killed because of his desire for money. Because of his own murderous intentions, the theif has forfeited his right to be protected by society and the owner who kills him in the act is not accounted a murderer but is regarded as acting in self defence. The next verse puts some limits on this behaviour. (22:2) IM ZARCHA HASHEMESH ALAV - DAMIM LO, "If he robs in broad daylight, blood is for him." Rashi explains this to mean that if it is clear to the homeowner, like the sun (HASHEMESH), that the thief has no intention to kill him, then he is not allowed to kill the thief, and if he does he will be considered a murderer - DAMIM LO. This is what Rambam brings down as well. The Raavad doesn't like this metaphorical interpretation of our verse and says that "the sun rising" plainly means daytime. Someone who chooses to steal during the day doesn't expect anyone to be home, it is a hit and run affair and the thief has no intention of staying around to fight or kill, if someone finds him. He will just leave the money. These are not very simple laws and needs further study how it applies today. Hopefully no one should ever be put into the situation where they have to decide what to do. Dead Man's Meatloaf Preheat oven to 180 degrees. Mix all ingredients, except for the spaghetti sauce and garnishes. To form the corpse: In an ungreased baking pan, sculpt the meat mixture into a body. (Head, torso, 2 legs and 2 arms.) Using olives for eyes, corn for teeth and pepper for a tongue, decorate your loaf. Feel free to try other vegetables, too. Pour spaghetti sauce around the corpse and bake for about 1¼ hrs. Right before serving, stick a dagger (knife) into the "heart" of the corpse as a garnish. [6] Parsha Points to Ponder - MISHPATIM 2) Why does the Torah repeatedly refer to the name of the holidays based on the agricultural time period (harvest, gathering, etc.) which seems to imply that the holidays simply celebrate agricultural success? (See 23:16) 3) Why does the Torah first state AND YOU WILL SERVE G-D in plural and then AND HE WILL BLESS YOUR BREAD in the singular? (23:25) THESE ARE THE ANSWERS 1) Rav Hirsch explains that the Hebrew slave actually sets the tone for all of the laws between man and man. The underlying theme of these laws is that all people are created in G-D’s image and must be treated accordingly. The Hebrew slave is a thief who could not afford to pay back what he stole. The Torah teaches that even the thief must be treated with respect and dignity and from that the tone is certainly set regarding how we must treat the upstanding members of society. 2) Rav Yaakov Kaminetsky suggests that this repetition comes to stress a uniqueness of Judaism. Our faith teaches that that the physical realm is also spiritual and there is no difference between serving G-D through spiritual means such as prayer and serving Him through physical actions like eating. That message is captured by the link between these very spiritual holidays and their purely physical names. 3) The Kli Yakar answers that this grammatical change teaches that G-D will only bless each person individually with sustenance after He sees that we, as a nation, are serving G-D together through our caring for one another spiritually. 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 Now that the Jews received the Ten Commandments, they are ready to begin learning the rest of the Torah – the other six hundred and three commandments! Parshat Mishpatim begins: These are the laws which you shall place before them… Mishpatim are laws about justice and mercy; freedom and slavery. How to act towards each other and towards G-d. Laws about being responsible for our actions. We are commanded how to act towards the poor, how to keep our holy days, what foods we can eat; how our courts and politics and economy and agricultural systems should work. Working to fulfill all of these important mitzvot means learning about them and the Torah is there to teach us and guide us. Sometimes we fail, but we keep trying. Being a Jew – part of a Holy Nation – really is a "full time job"! One important mitzva in Mishpatim is Sh'mita. Every seventh year, Jewish farmers must leave their land in Eretz Yisrael unplowed, unplanted and "unpicked". Just like Shabbat which comes every seventh day, every seventh year the holy Land of Israel has a Shabbat Year when slaves are freed, debts are cancelled, and the farmers spend a year learning Torah instead of working their fields. But what will they eat if they don't plant on the seventh year? Just as the mahn in the desert did not fall on Shabbat but the people received a double portion on Friday, so too Hashem promised that a double portion of crops would be harvested every sixth year if they allow the land to rest on the seventh. Next year is a Shemita year and you will be hearing about many different and interesting changes concerning crops, plants, food and the land. The best way to start learning about it is to open your Chumash to Parshat Mishpatim and begin… These are the mishpatim (the laws) you shall place before them… [8] G’matriya Twins [9] Torah from a Talmid (a) In Parshat Vayeira there is a story that seems to contradict this principle. When Sara hears that she will give birth to a child, she laughs in disbelief and proclaims – ACREI B’LOTI HAYTA LI EDEN V’ADONI ZAKEIN (B'reishit 18:12) - How is it possible for me to have a child? My HUSBAND is too old! When Hashem repeats the story to Avraham, He changes it ever so slightly and tells Avraham that Sara had wondered aloud how she could have a child at her own advanced age. How can Hashem demand from us MIDVAR SHEKER TIRCHAK when He Himself "lied" to Avraham? The Gemara in Yevamot (65b) explains that although truth telling is regarded as an extremely high value in Judaism, creating peace between people is an even higher value. Hashem wanted to protect the Shalom Bayit between Avraham and Sara. There are other ideals that in certain circumstances the Torah views as greater values than truth. One such example is found in the Gemara in Bava Metzi'a 23. If one is asked if he is proficient in a particular tractate of the Gemara, he is allowed to answer in the negative – even if it is not true. Rashi explains that protecting ones mida of humility is more important than telling the truth. Similarly, if one is asked if he was intimate with his wife, he is allowed to lie to protect the modesty of their relationship. ,TZNIUT outweighs the value of truth in this instance. Although the Torah commands us MIDVAR SHEKER TIRCHAK, it is clear that when there exists a clash of values, one must consult with a Torah authority in order to determine which value takes precedence. Only one who understands the entire Torah system of values will be able to react appropriately in a given situation. by Chaya Cohen, Machon Gold Machon Gold is the most established of the women's seminaries for students from the Diaspora. Since 1958, Machon Gold has educated young women from all over the world, preparing them for positions in Jewish education and leadership in the U.S., Canada, England, South Africa, Australia, the FSU, India, France, Holland, Belgium, Switzerland, Italy, Argentina, Brazil, Uruguay, Venezuela, Croatia, the Czech Republic, Hungary, Poland and more. Machon Gold is the home of future Jewish leaders. [10] Divrei Menachem The term Mishpatim generally applies to those laws that man, with his intellectual capacity, would have derived for himself and his society, whether or not the Torah had decreed them. So the question oft asked is why the Torah taught them to us? Perhaps the Torah should have better expounded the reasons for those commands that are less intuitive or for which no reasons are given. Noteworthy, however, is the fact that at the end of Mishpatim the parsha does command us, inter alia, to observe laws that fall into the above categories, notably, the pilgrimage festivals and the statute not to, "cook a kid in the milk of its mother." The Lubavitcher Rebbe explains the sequence: Jewish religious observance proceeds from the faith achieved at Sinai to an appreciation that our intellectual capacity is also G-d-given. Then we yet need to understand those Mitzvot that can be understood until we reach the stage of awareness that the "mundane" Mitzvot are no less divinely inspired than the Ten Commandments, the Festivals and the unfathomable Chukim. For, ultimately, in every facet of our lives we are subservient to Hashem. Shabbat Shalom, Menachem Persoff [The Parshat Mishpatim Homepage]
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