MISC section - contents: [1] From the virtual desk of the OU VEBBE REBBE Q: I have been looking for a specific sefer that a rabbi of mine needs and have gone to a few stores which did not have it. I called a store with limited hours, whose owner offered to try to order it. Meanwhile, I am pressed for time and will anyway be in Meah Shearim, with its many sefarim stores, today (before the other store opens). Can I try to buy the sefer in Meah Shearim, or am I bound to give a fair chance to the one who said he would order? A: When two people not only agree on a sale in theory but make a valid kinyan (act of acquisition) neither side can back out of the deal. When money is paid but no valid kinyan is made, it is possible for either side to back out of the deal, but he is subjected to a severe, curse-like sanction, known as a Mi Shepara (Bava Metzia 44a). When only the sides’ words are given, R. Yochanan and Reish Lakish disagree whether there is still a moral obligation, known as Mechusar Amana (lacking credibility) to go through with the sale (ibid. 49a). We accept R. Yochanan’s opinion that this obligation exists (Shulchan Aruch, Choshen Mishpat 204:7). At first glance, we would say that if you agreed to buy the sefer you should follow through, but if you just indicated that you would likely buy the sefer if he receives it, you need not. However, there are other halachic factors to consider. Perhaps Mechusar Amana applies only to a case where a kinyan is possible but was not yet carried out. In our case, in contrast, where the storeowner did not own the sefer and thus ostensibly could not transfer it, the matter is too far from a kinyan for any obligation to exist. The Rosh (Shut 102:10) seems to say just that. On the other hand, the Rambam (Mechira 22:3, accepted by the Shulchan Aruch, CM 209:6) says that if one made a kinyan on an item the seller does not yet possess and it has a set price, the seller must acquire it on the buyer’s behalf or be subject to a Mi Shepara. The S’MA (ad loc.:23) says that this refers to a case where the object is readily attainable, in which case it is as if it was already in seller’s possession (see Kesef Mishneh on Rambam, ibid.). The Shach (ad loc.:13) says that there is always a Mi Shepara in such a case even if the item was not readily attainable. Your case sounds as if the sefer is hard to come by. Therefore, if you agreed to buy the sefer, whether the agreement is semi-binding would depend on this machloket (see Pri Yitzchak I, 50). There is also a machloket whether it is Mechusar Amana to back out when the item’s price changed after the agreement (Rama, CM 204:11). One can investigate whether your need to obtain the sefer without delay is a comparable excuse to back out of the agreement. In any case, there is another reason to exempt you from going through with the purchase. It appears that you did not agree on a price. If so, besides issues of accessibility, the agreement is not yet complete. Therefore, it is not Mechusar Amana to not go through with the purchase (Pitchei Choshen, Kinyanim 1:2). One can ask whether you must compensate the storeowner for buying the sefer based on your request. It is far- fetched to say that he was acting as your agent if and when he bought it. However, spending money based on another’s assurance, at times obligates the assurer to compensate. For example, if two are planning to travel in order to have a dispute adjudicated at a distant Beit Din and one tells the other: “Go and I will follow", and he does not, the former has to pay the latter’s travel expenses (Rama, CM 14:5). While we cannot do the topic justice, let us mention but one way our case is different and you are exempt. Here, the storeowner has not lost money, as the sefer has value and can be expected to be sold some day. In summary, you are not required to buy from the store that intended to order the sefer for you. Nevertheless, all things being roughly equal, you should try to keep your word or inform the storeowner not to order, apologize, and allow him to raise a grievance we are unaware of. 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) In his commentary "Divrei David", Rabbi David ben Shmuel Halevi (author of the TA"Z on Shulchan Arukh) suggests that the verb "shamarti", which we normally translate as "I observed", should be understood here to mean "I protected" or "I guarded". By studying the parts of Torah that were not applicable in his situation, Yaakov protected these laws from being forgotten. Yaakov felt their lack in his life and yearned to fulfill them. He wasn't content with the abridged Torah that could be implement in Galut. Instead, he delved into the laws that would take effect when he returned home. In so doing, he reminded himself that he was only living outside of Eretz Israel temporarily (the use of the word "garti" implies something temporary). What Rashi is saying to us is that we too must realize that a Torah observant life outside of Israel is incomplete. While in exile, we have to keep the mitzvot that can't be observed in Galut in our consciousness so that they will give us the impetus to come home and implement them. May we all have the merit to participate in the building of the Bet Hamikdash and the activation of all of our Torah. 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 After Shabbos, R’ Yechiel Mordechai called the administrator over to his house and gave him a sum of money to cover the cost of the food. He reasoned the food in the yeshiva was only for those who studied there, yet on the other hand, one cannot drive away a hungry person. Thus he had decided that he would pay for the stranger’s meals. R’ Chaim of Sanz said... 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 Yaakov was finally leaving Lavan's house and returning to his homeland. On one hand, he was happy, but on the other hand, he was nervous. How would his brother Esav treat him? Would he treat him as a brother or would he treat him as an adversary taking revenge on Yaakov for stealing his birthright and blessings? In preparing for this encounter, Yaakov took every precaution. Rashi says he prayed to Hashem, organized a present for his brother, and just in case, prepared for war. He didn't want to take any chances and readied himself in various ways. In preparing for the possibility of battle, Yaakov divided his family into two. He hoped that if indeed Esav were to strike the first camp of his family, the other one would be able to escape safely. At least that way not everything would be lost. The Maharsham HaKohen sees in Yaakov's words a prayer, not only for himself at that time, but for future generations. The word “VEHAYA” usually is used for something happy. But what is happy in this verse about Esav striking out at his family? That whenever Hashem brings destruction on the Jews, it is only on one part of the nation, there will always be a ?camp that survives?. When Hitler y”sh came to power and made it clear that he wanted to destroy all the Jews, one of the Roshei Yeshiva in Roden asked the Chofetz Chayim if he would succeed? The Chofetz Chayim told him that no one was ever able to destroy all the Jews, as it states in this verse “VEHAYA HAMACHANEH HANISHAR LIFLETA”. The rabbi asked him if Hitler succeeds in killing the Jews in Europe, where will there be Jews left. The Chofetz Chayim answered him that that is written in a verse in Ovadya (1:17), ?And on the mountain of Zion there will be a remnant?, there would be Jews left in Eertz Yisrael. Sweet and Sour ?beaten? Shnitzel 2 boneless chicken breasts (shnitzels), pounded thin Tenderize the boneless chicken breast halves by flattening them and marinating in lemon juice. Using a meat mallet, pound chicken breasts between sheets of plastic wrap to to inch thickness. Arrange chicken in glass baking dish. Pour lemon juice over cover and refrigerate 1 hour. Remove chicken from dish and pat dry with paper towels. Bake chicken cutlets at 180C for 20 minutes. Simmer above ingredients with 2 Tbsp water added. Pour sauce over cooked shnitzels and bake for 30 min. (or leave on hotplate for 45 min.). [6] Parsha Points to Ponder - VAYISHLACH 2) The Torah relates that the place, Sukkot, received its name since Yaakov built huts for his cattle there (33:17). Why did making huts for his cattle warrant being memorialized forever through the naming of this location? 3) Why is the place where Devora, Rivka’s nurse, died referred to as ALON BACHUT which focuses on the crying (BECHI) over her death (35:5) while the place where Rachel dies is called “KEVURAT RACHEL” (35:19) focusing on the burial and not the crying? THESE ARE THE ANSWERS 1) The Sefer HaChinuch writes that this fight between Yaakov and the angel was actually a microcosm of the battle that between the Jews and the gentiles throughout history until the time of our final redemption. While the angel never succeeded in completely destroying Yaakov, he did cause Yaakov great pain and suffering.When we refrain from eating the gid hanashe, we should recognize that all of the persecution which we suffer as a nation is part of our predestined lot as the chosen nation. However, just like the light of the sun healed Yaakov (32:32), so too, when redemption comes and brings us great clarity we will understand why we had to suffer and will be healed from our wounds. 2) The Ohr HaChayim suggests that Yaakov with his great compassion was the first person to 3) Rav Moshe Feinstein answers that no one would ever doubt that there was significant crying over the death of Rachel. After all, aside from being one of the founding mothers of the Jewish people she also died young under tragic circumstances. Giving prominence to the place of her burial as a place for Jews to pray then became the focus. Devora, however was not known as a righteous woman and, therefore, the Torah records for all eternity that she was a person worthy of being cried over since she was a truly righteous woman as well. 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 from Nature When emperor penguins dive below the Antarctic sea ice in search of food, they can descend five times as deep as a human and can swim on a single breath for up to 20 minutes. Researchers are trying to find out how they manage these incredible feats to potentially help improve surgical procedures and anesthesia. Emperor penguins are the tallest and heaviest species of penguin. During their harsh life cycle... dive into frigid waters to feed on krill and fish... researchers found that the birds could dive deeper than 500m ... the deepest a human can dive unassisted is less than 100m... Researchers aren’t sure how emperors can descend so deep without developing decompression sickness, or the bends... a condition that occurs in human divers in which under high pressure nitrogen builds up in the blood as it exchanges gas with the lungs, and that nitrogen is released as bubbles during ascent, causing itching, pain, and sometimes death. Whales hold the deep-diving record for air-breathers, but they do get the bends, too. Seals, which can dive even deeper than the emperors, avoid this condition because they deflate their lungs when they go down... it is unlikely that emperors do this because they structure of their lungs is different... also looking at how emperors can stay under water for such a long time on a single breath of air...They can swim and dive and function quite well when the oxygen level goes very, very low in the lungs... At the same oxygen levels, a human would go unconscious. Compared with humans, both seals and emperors have more oxygen circulating in their blood because they have a higher blood volume and more hemoglobin, the protein that carries oxygen through the blood. The penguins also have more myoglobin, which stores oxygen in muscle, in their bodies. “When they’re swimming, they have an oxygen store right there that they can use”. Ponganis (head researcher) said. And unlike humans, emperors decrease their heart rate when they swim, so they use up their stores of oxygen slower... Ponganis is interested in how penguin physiology compensates in these condi- tions because it could improve anesthesia techniques and aide in research of how to avoid tissue damage when the body is deprived of oxygen. Emperors are the largest of 17 species of penguins, and they spend their entire lives on the cold Antarctic ice and in its waters... the only animal that spends the winter on Antarctica’s open ice... clump together in huge, huddled masses... take turns moving to the inside of the group... once they’ve had a chance to warm up, they take their turns back on the circle’s edges, giving fellow penguins time in the warmer center... these flightless birds breed in the winter (unlike most birds, which breed in the springtime)... a female emperor lays one egg and then leaves! Each penguin egg’s father balances it on his feet and covers it with his brood pouch, a very warm layer of feathered skin designed to keep the egg cozy. There the males stand, for about 65 days, through icy temperatures, cruel winds, and blinding storms. And they eat nothing that whole time... after about two months, the females return from the sea, bringing food they regurgitate to feed the now hatched chicks... The males eagerly leave for their own fishing session at sea, and the mothers take over care of the chicks for about two more months... then the adults leave them in groups of chicks called creches while they leave to fish. They return with food they regurgitate for their young... [8] Torah KidBits After spending twenty years with Lavan, Yaakov finally leaves to return to Eretz Yisrael. He arrived in Charan alone and penniless. He leaves with two wives, two maidservants, eleven sons, a daughter, and many servants and sheep, camels, cattle. But he is worried about meeting his brother Esav. Perhaps Esav still hopes to kill him for having taken the brachot. One night, he moves his family and belongings across a stream and when he is left alone on one side, a stranger appears and begins to struggle with him. The struggle continues throughout the long, dark night until the sun rises. But Yaakov is stronger, and the stranger (who was actually the guardian angel of Esav) begs Yaakov to release him before daybreak. He asks Yaakov's name and then says: "You will no longer be called by your name Yaakov, but rather Yisrael, for you have struggled with G-d's angels and with people and you have prevailed." A new name always signifies a new destiny, new strengths, a change of status, a new future. What does this new name - Yisrael - mean? Yisrael is Yashar E-l... one who walks straight and upright with G-d. Not a trickster, not a cheat. A truthful man. You have now fought against Esav and the blessings you obtained before have now been won openly and with dignity. Yisrael is Sar E-l... a prince of G-d; a warrior for G-d. Yisrael means Sarita im Elokim... You have struggled with G-d's angel and with people, and you were victorious. The rabbis said Hashem attached his name to ours so that we will never be lost among the nations. Like Yaakov, we will survive. Like Yaakov, we will dream, struggle, wrestle with the world and eventually, after a long night, we prevail. We are Yisrael. Twenty years earlier, when Yaakov set out for Charan, the sun was setting and darkness descended. Now, on his way back to Eretz Yisrael, Yaakov receives his new name as the dawn breaks and a new day, a new future, begins. He called the name of the place Peniel, "for I have seen G-d face to face (panim el panim) and my life was saved. And the sun rose as he passed Penuel." But not everything was perfect. Although Yaakov was victorious during his struggle with the angel, his thigh was wounded and he was left limping until Hashem cured him. When he arrived at the city of Shechem, he was shaleym - intact, complete, well. This too is a sign for Yaakov's children. So long as we are still "on the road", we will face many struggles. We will, with Hashem's help, survive and overcome all our enemies and challenges but the way will not always be easy. We may be left "limping" for a while, but a bright, new day is out there waiting for all of Am Yisrael! [9] This is the first of a planned series of guest Divrei Torah, submitted by young men and women from abroad who are learning in Israel this year. Submissions for publication should be sent to abaumol@ouisrael.org and be approx. 550-600 words long including a short blurb about your school. What's in a Name? by Nicole Grubner, Tif'eret Center for Women After the gall of asking for a bracha, Yaakov pushes further and asks the angel his name. Yaakov therefore, asked the angel to describe his essence. The angel responds, "Lama ze tish'al lishmi?" "Why do you ask my name?" (Bereishit 32:30). We learn in the Sichos Mussar that, although the angel was seemingly avoiding the question, he was in fact, providing an answer. The angel responded with his name, "Why do you ask my name?" This name demonstrates the essence of the angel, and more profoundly, the essence of the Yetzer Hara. The Yetzer Hara, at a glance, appears to be a powerful entity, but when questioned, is nothing more than an illusion. In the movie, "The Wizard of Oz", when Dorothy first meets the Wizard, he presents himself as this huge, fantastic, all powerful figure, but when Dorothy looks further and pulls back the curtain, she finds nothing more than a feeble old man. This is the Yetzer Hara. As soon as the Yetzer Hara is examined, its mask is removed and its true nature is revealed as an illusion. When faced with challenges of the Yetzer Hara, all we need to do is pull away the curtain that reveals the true nature of the Yetzer Hara. When we do this, we will find that undoubtedly, the Yetzer Hara is nothing more than that feeble old man. Yaakov knew this, and challenged the angel to explain his essence. Yaakov knew that if the angel revealed his name, all future generations would be able to defeat him. When we know someone's name - their essence - we can never lose to them. The angel answered Yaakov with, "Why do you ask my name?" He was saying, "I am strong when you don't question me, but if people take pause and examine my essence, my illusion will be revealed." The Tiferet Center for Women provides an environment that allows its students to have a clear view of their goals. Tiferet is located in the quiet of Ramat Beit Shemesh, with nearly all the staff living within a ten minute walk from the school. The entire staff acts as a constant support system for the students. This warm and nurturing environment allows students to have a clear mind, and just as Yaakov pulled the curtain to reveal the nature of the Yetzer Harah, Tiferet's students are able to make the decisions to truly maximize their potential. [10] MicroUlpan [11] G’matriya Match [12] Divrei Menachem One rabbinic view of Ya'akov endorses his approach to this matter as he learned of a strong army moving ominously in his direction. Thus, Ya'akov is praised for not relying on his righteousness or on miracles, but taking practical measures that were expressed in prayer, gifts (appeasement) and preparation for combat. In contrast, while Ya'akov seemingly conceived of all possible options, the Midrash castigates him for "taking the dog by the ears". Moreover, by sending messengers to Esav who addressed the Edomite as "My Lord" no less than eight times, Ya'akov earned further scorn in the rabbinic epithet that, "He who acts like a kid - the wolves devour him." The Midrash consequently indicates that a corresponding eight kings arose in Edom prior to the rise of a Jewish king. And for Ramban such self- debasement before the tyrant led to the fall of the Maccabean rulers before the Romans. Yet, the Midrash also concludes that rabbis who later interceded with the Romans studied Ya'akov's actions before they met the emporers. Clearly, these questions remain to haunt us in our times. [The Parshat Vayishlach Homepage]
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