MISC section - contents: [1] Vebbe Rebbe [1] From the virtual desk of the OU VEBBE REBBE The Orthodox Union ñ via its website ñ fields questions of all types in areas of kashrut, Jewish law and values. Some of them are answered by Eretz Hemdah, the Institute for Advanced Jewish Studies, Jerusalem, headed by Rav Yosef Carmel and Rav Moshe Ehrenreich, founded by HaRav Shaul Yisraeli zt"l, to prepare rabbanim and dayanim to serve the National Religious community in Israel and abroad. Ask the Rabbi is a joint venture of the OU, Yerushalayim Network, Eretz Hemdah... and the Israel Center. The following is a Q&A from Eretz Hemdah... Q: Someone bought the home next to mine and not only wants to build a stone wall between our yards but expects me to share the expenses. Is his claim that I am halachically required to do so correct? A: The mishna (Bava Batra 2a) discusses the type of wall that is to be built between people who share property that is to be divided between them. The gemara (ad loc. 2a-3a) discusses whether the two have to agree to make a wall or that once they agree to divide the property, each can demand of the other to erect one between the sections. The gemara says that it depends on whether we consider the fact that one neighbor can see what the other is doing on his property a damaging situation. We accept the opinion that intrusion on privacy is damaging and thus one neighbor has a right to the wall (Shulchan Aruch, Choshen Mishpat 157:1). In many areas of rights between neighbors, there is a concept of chazaka: if one side took control of a certain type of usage without his neighbor protesting, he can continue doing so. (The logic, parameters, and opinions on the matter are beyond our scope.) However, the Rambam (Shutafin 2:14) said that regarding walls, even if the distinct properties lacked a wall for years, there is no chazaka, and either neighbor can demand the erection of a wall. There are two explanations for this halacha. Usually chazaka occurs when one side takes a positive step which would trigger a protest if it had not been agreed upon or was not agreeable. In this case, the lack of a fence is a passive situation. The fact that nobody raised the issue of erecting one is not proof that it was meant to remain that way (Magid Mishne, ad loc.). Furthermore, in the standard case of chazaka, one side does something from which he benefits and the other stands to lose. Then if the potential loser from the situation is quiet, we reason that he must have gone along with the steps for some reason. However, in this case, where each neighbor is the potential gainer and the potential loser, we take seriously the possibility that he did not feel a need to initiate steps to put up the wall, and he retains the rights to protest in the future (Tur, Choshen Mishpat 157 in the name of the Rosh). Either way, in your case, you would have to demonstrate that there was an outright agreement by your neighbor or one of his predecessors to waive the right to demand a wall that prevents potential invasions of privacy. Even an oral relinquishing of rights would suffice (S'ma 157:4; see Pitchei Choshen, Nezikin 14:(53)). The Rama (CM 157:1) accepts the opinion in the Rishonim that one's right to a wall exists even in a place where the practice is to not have such walls. Both sides normally have to take equal part in the expenses and the relinquishing of space from the property upon which the wall will sit (Shulchan Aruch, ibid.). However, the matter becomes more complicated when there is disagreement as to the quality of the wall and its accompanying price. In general, the wall between residential yards should be four amot (approx. 2m) high so that it effectively obstructs the view. Similarly the density must obstruct the view. However, one can force his neighbor to pay only for the level of building that local practice or, in its absence, a Beit Din or an expert, considers a standard wall (Shulchan Aruch and Rama, ibid.:4). [Ed. note: In other words, it is possible, for example) that a chicken wire fence with canvas is considered reasonable - and far less costly than a stone wall. If so, you might only have to pay for half that lesser amount and give up less space than that required for a stone wall. Just an example.] There are more details that might come up in adjudication over this point of contention, which could effect the halacha in a major or a minor way. However, we hope that the general information we have provided gives you the basic legal and related philosophical Torah perspective toward the demand for privacy. Hopefully, this will help you work out an amicable resolution with your neighbor that takes into consideration the desires and concerns of each of you. 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 We learn more from HOW than from WHAT we are taught. From "A Candle by Day" by Rabbi Shraga Silverstein A Candle by Day - The Antidote - The World Of Chazal by Rabbi Shraga Silverstein Now available at 054-209-9200 [3] CHIZUK and IDUD (for Olim & not-yet-Olim respectively) An important section of Parshat Emor is devoted to the various sacrifices brought on each of the holidays. Parts of this week's parsha are, therefore, very familiar to us, as we hear them read various times of the year. Each holiday has a specific date. The Korban Pesach is sacrificed on the 14th of Nissan (the first month) and Pesach is celebrated with a day of Yom Tov on the 15th and another such day on the 21st of Nissan. Fifty days after the Omer is brought we celebrate the holiday that we call Shavu'ot. Sukkot is celebrated with a day of Yom Tov on the 15th of Tishrei (the seventh month) and again on the 22nd day of the month. One thing that sets the Jewsih community living in Israel apart from their brothers and sisters living in the Diaspora is the celebration of these very holidays. While the Torah specifically mentions the date of each celebration, Diaspora Jewish communities keep an extra day for each one. (I imagine that many of those reading these lines grew up thinking that having a seder two nights running or following Shemini Atzeret with Simhat Torah is the "normal" practice.) The well-known reason for this division is the statement that appears in the Gemara (Beitza 4b) that Diaspora communities still follow the traditions developed by their forefathers at a time when messages about the declaration of the new moon did not reach their communities in time to be certain about the correct date on which to celebrate the various festivals. It is interesting to note that there is an entirely different approach to these different traditions. Rav Sa'adiah Ga'on is quoted as saying that there is a Torah obligation for Diaspora communities to keep two days of Yom Tov rather than the single day mentioned in the Torah. This idea is further developed by the Shulhan Arukh HaRav which teaches that keeping two days of Yom Tov in the Diaspora stems from the need to work twice as hard in the Diaspora to reach the level of Yom Tov sanctity that is reached in one day in Israel. Thus, the Torah requires Jews living in exile to celebrate an extra day in an attempt to reach the state of holiness that comes naturally to a Jew who is living in his homeland. Shalom Berger, Alon Shvut 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 A famous Rav in Europe used to speak very strongly against the desecration of Shabbat that was common in his time. One who was known to desecrate Shabbat once said to him, ìRabbi, how can you condemn those of us who do not keep Shabbat, when you yourself have children who also do not keep it?î ìIf there was a fire in my house and it burned down,î the Rav replied, îdoes that mean that I should stop warning my neighbors about the possibility of fire in their homes?î 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" ó available at your local Jewish bookstore (or should be). Excerpted with the permission of the copyright holder [5] Parsha Points to Ponder - EMOR 1) The Torah usually lists FATHER before MOTHER when the two are mentioned. Why does the Torah switch the order regarding the allowance for a Kohein to come in contact with relatives who have died? (21:2) 2) The Torah teaches that one cannot slaughter an ox or sheep with its child on the same day (22:28). Why does the Torah follow this teaching with a brief mentioning of the Korban Toda, a korban which was already discussed in Parshat Tzav? 3) Why does the Torah say the seemingly superfluous words THESE ARE MY APPOINTED TIMES after already teaching THE APPOINTED TIMES OF HASHEM...? (23:2) THESE ARE THE ANSWERS Ponder the questions first, then read here 1) The Kli Yakar answers that since the Kohein's mother married into the priesthood but is not inherently a kohein, one might have thought that the kohein would not be allowed to be involved in her burial. Since the halacha regarding the mother is less obvious, she is mentioned first in this situation. 2) The Ibn Ezra explains that there is a new halacha taught regarding the Korban Todah in this place - that it must be LIRTZONCHEM, which means that the intent must be to eat the sacrifice in the proper time frame. Since the Torah just mentioned something which could not be done in one day (slaughtering the parent animal and child), it uses this opportunity to teach this point regarding the sacrifice which must be eaten in one day - the Toda. 3) The S'forno teaches that these seemingly extra words teach us something very fundamental regarding Shabbat and all of the holidays. Immediately prior to these words the Torah relates that they are days of THAT YOU SHALL PROCLAIM AS HOLY CONVOCATIONS. The words THESE ARE MY APPOINTED TIMES emphasize that only when we proclaim these days as holy through Torah study and mitzva performance are they HOLY CONVOCATIONS and APPOINTED FESTIVALS. 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@ouisrael.org Fire Truck - KABA'IT Fire Hose - ZARNUK-KIBUI Nozzle - MAZNEK Fire extinguisher - MATPEH Breathing apparatus (firefighting or otherwise) = MANSHEIMA [7] Six years ago this week... Friday, first day of Rosh Chodesh Iyar, 5762, I was just about finished with my late Erev Shabbat shopping at the shuk when an Arab woman who appeared to be pregnant blew herself up while she was standing in line to supposedly board a bus (#6, if I remember correctly). I was about 3m behind her and received first and second degree burns and various cuts and bruises. I faired far better than the six people who were killed and many of the the 35 others who were injured. Had she been wearing the "fashionable" 350 degree wrap around explosives belt, I would not be writing these words. I was then, and always will be thankful to G-d for sparing me more serious injury. And I probably will always wonder why some people are completely spared, while others die or are seriously maimed. But that's not why I bring up "my pigu'a". I mention it to share a very strong opinion/feeling/thought, I don't know what to call it. And what I'm about to say can be said and felt by everyone: victims and near victims, collateral victims (which is what they called family of those in a pigu'a), or any of us who experience or even just hear about an attack. We are all victims, many times over. There is no such thing as a bombing, shooting, rocket attack... that it can be honestly said: "No one was hurt". The media say it often, but it's just not true. Do you think that the people who live down the street from a S'derot home that was hit by a rocket are not also victims? And even when the rocket explodes "harmlessly" in an empty field, the people who hear the attack - or even just hear of the attack, they too suffer injuries. Mental, emotional, psychological ones this time - but injuries, nonetheless. When "no one is injured", that is thanks to G-d and not to the kind Arabs who didn't aim well enough. Do we think that their attempt is any less serious because of their "failure"? We are being pushed to make concession after concession to people who seek our destruction. To do so is inexcusable on our part, and we should not let ourselves go in that direction. Said it calmly, but no less urgently. -PC Find the Mine more Last week we wrote about bees that are trained to find buried, unexploded mines. We indicated that we might continue the piece; we didn't in last week's issue, but here is more. The bees that are used as the foragers (pollen jocks, in the terminology of the Bee Movie - a wonderful, highly recommended animated feature film - we'll schedule it B"N at the Center after Lag BaOmer) and they are trained as a group, not individually. And - get this - bees, which can be trained in a couple of hours, can actually pass on this newly acquired skill to other bees from other hives, essentially training other bees to do the same detecting. Also favored over dogs for mine-detection are African giant pouch rats, which are cheaper to train and maintain, quicker to train, and are light enough not to set off mines when they find them. (Mines are a serious problem - est. 80 million in 60 different countries.) (2nd perek) Here's a Mishna that is relevant to the behaviors of governments - ours, that of the US, EC, other "friendly" countries... It doesn't really need expounding - you either get the point or you miss it. But it needs stating in light of upcoming visitors: Beware of rulers (including presidents, prime ministers, secretaries of State...) for they befriend someone only for their own benefit; they act friendly when it benefits them but they do not stand by someone in his time of need. Res Ipsa Loquitur [10] THIS, MY LAND, MY STATE - Yaffa Ganz (1998) There are those who say the present state of the Israeli State is not enough. Enough? I say. Nothing man has is ever enough.
There are those who say that patriotism for the Jewish State is not eminently respectable nowadays. Faulty, unstable, imperfect, this is not the State we hoped for.
But it is the only state we have, I reply. It is a gift, a challenge, a treasure; a child born of longing, long travail and millenia of pain, waiting to be perfected. It is and will be what we make it.
There are those who say not everyone sees or agrees with what I see and say is here. But how can they not see?
Earth blessed and fruitful, bestowing lavish bounty upon her sons. Life giving waters, rain and dew. Winds laden with scents of growing things. Mountains soaring upwards to seven tiered heavens. A sky filled with visions of a Godly throne; a land filled with visions of an ancient, earthly home. And across the length and breadth of the land, women pregnant with dreams and heavy with child. Pity the blind who do not see.
This is my Land, legacy of my fathers, fruit of my labors (I, too, am a pioneer of sorts), partially realized fruition of ancient dreams.
I treasure and give thanks for the faulty, wayward, imperfect State we are trying to perfect. I love our holy, fearsome, sometimes maddening G'd-given Land and the holy, fearsome, sometimes maddening G'd-chosen People who have chosen to return to its embrace. These are my People, my Land, my state.
May G'd keep us, protect us, watch over us, bless us. May He cause His Countenance to shine upon us, and bring us His peace, in this, our, still highly imperfect State. [11] Sefirat HaOmer: Counting up to Eternity - Guest Article by Rabbi Ephraim Sprecher, Dean of Students, Diaspora Yeshiva When did Judaism begin? The beginning was in two parts: A) the Exodus from Egypt - Y'tzi'at Mitzrayim, for which we celebrate Pesach; followed fifty days later by B) the Giving of the Torah - Matan Torah (Revelation at Sinai), for which we celebrate Shavu'ot - together forming the foundation and establishment of the Jewish people as a nation (see Sh'mot 19:56; D'varim 26:16-19). This was best expressed in the classical statement by Rav Saadia Gaon (c. 900CE, Emunot V'dei'ot 3:7). "We are a Nation only by our Torah", meaning that we are a nation not by the sharing of a common land, language, history or culture, etc. as are all other nations, but by the uniqueness of having been given G-d's Law. Why was it necessary for Judaism to begin in two stages? The answer is S'firat HaOmer (counting of the weeks) - the connection of Pesach to Shavu'ot. The Kabbalists tell us that the 7-week interim period between Pesach and Shavu'ot has a symbolic character of Chol HhaMoed, the interim days between the first and last days of Pesach itself (Ramban to Vayikra 23:36; Rab. Bachya ibid: 16). This means that Pesach and Shavu'ot are not simply two separate holidays, but they are in a deeper sense like the beginning and the end of one and the same holiday. How is this to be understood? Throughout Tanach and the writings of our Sages, the relationship of Hashem to the Jewish people is compared allegorially to that of husband and wife, as we know from Shir HaShirim which we read on Pesach. The Prophet Yirmiya says (2:2), Thus says HaShem, I remember your love as a bride, when you did go after Me in the wilderness... In the Mishna (Taanit 4:8), the verse Yom chatunato (from Shir HaShirim 3:11), the day of His (G-d's) marriage, is referred to as Yom Matan Torah, the day of Shavuot. So Pesach is the betrothal (eirusin) and Shavuot is the marriage (nesu'in) with the natural period of yearning in between. This idea goes further. Pesach is the time when the Jews separated themselves from the sheep (seh) worshipped by Mitzraim (Ex. 8:22), (as for example, today the cow is considered sacred to the Hindus in India). The Mishna (Shabbat 9:1) says that idols, avoda zara, have the tum'a, defilement of nida, a menstruant woman. A nida must count seven days before immersing in the mikve (ritual bath) for her tahara, purification, to her husband. So, here too, after the Jews rejected idolatry on Pesach, they needed seven weeks (not just days, because this was a whole nation) of counting to become purified to accept the Torah. And then they did the ritual immersion, tevila, to be purified for Matan Torah, as stated in the Gemara, (Yevamot 46b). These then are the two parts of the beginning of Judaism, the final Covenant between G-d and His people, His Nation, allegorially composed of the betrothal and marriage, Pesach and Shavuot, with the interim period connecting the two. On Pesach, we bring the offering of the Omer, from barley (seorin), basically an animal food. On Shavu'ot, we bring the Sh'tei HaLechem (Two Loaves), from wheat (chitin), the basic food staple of human beings, not animals (Mishna Sota 14a: Menachot 76b). This is to symbolize, that just being freed from slavery, the story of Pesach, makes us free, but only like animals are free in the jungle instead of a cage in the zoo, with no real purpose. But when we used this freedom of choice, Free Will, to accept the Torah, we then became real human beings, with a higher purpose in life, not just to eat and drink like animals, but in order to serve HaShem. As we quoted above from Rav Saadia Gaon, "We are only a Nation by our Torah", the Divine Instructions for life. This fits with the previous idea as well, because when the bride becomes the wife to her husband, she finds real fulfillment and satisfaction, with purpose and meaning in life. Parshat Emor refers to some of the restrictions pertaining to the service and offerings of the Kohanim and also alludes to several sacrifices brought by the commoner. One is the "Zevach Toda", the Thanksgiving offering to Hashem, which was to be brought "Lirtzonchem" - 'according to your will' (Vayikra 22:29-30). Surely, one might ask, someone who was spared from a catastrophe and then brings a Thanksgiving offering would do so willingly? The Ktav Sofer explains, however, that a person who experienced a close encounter with injury or death may, on reflection, begrudge having that experience in the first place. Our rabbis, nevertheless, teach us to accept our afflictions with love for they serve as atonement (cf. Tehilim 94:14). So we are commanded to bring the Thanksgiving offering of our own free will and in a way that G-d also finds acceptable (Rashi). Atypically for offerings of this kind (Sh'lamim), this sacrifice is to be eaten completely by morning. The grateful individual is thus encouraged to invite a large number of people to join him in the feast. How appropriate! For not only does that person thank Hashem personally, he now also fulfills the Mitzva of publicizing G-d's beneficence in public (and hospitality). Shabbat Shalom, Menachem Persoff [The Parshat Emor Homepage]
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