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: We are building a new building for a Jewish organization. The question has arisen whether we require a fence for the roof (ma'akeh) and, if so, what are its requirements? A: In general, one who builds a home is required to build a sturdy fence that is ten tefachim (approximately 2 feet) high for its roof (Shulchan Aruch, Choshen Mishpat 427:5). However, there are several cases where there are exemptions. The Gemara (Chulin 136a) says that while the word ìgagechaî (your [singular] roof, D'varim 22:8) does not exclude the mitzva of ma'akeh in the case of a home owned by partners, it does exclude a shul or a beit midrash (study hall) from requiring a fence. Rashi (ad loc.) provides two reasons for this exemption: 1) No one has ownership of these places, as people from around the world have rights to them. 2) These places are not used to live in (beit dira). The Rambam (Rotzchim 11:2) and Shulchan Aruch (ibid.:3) state the second reason. This is along the line of their rulings that storage houses and other such places that are not lived in are exempt, an opinion that is not universally accepted (see S'ma ad loc. 2,5). One other reason is provided to exempt a shul, namely, that it has sanctity that precludes this type of obligation. However, that position is difficult to support (see Binyan Tzvi II, 17). We must thus compare your case to that of a shul and beit midrash. We do not know and even you may have difficulty determining whether your organization is more similar in structure and purpose to a partnership or to a shul that serves an undefined broad public body (see Minchat Yitzchak V, 122). This may anyway not be the main point, as the more accepted distinction of a shul is that it is not a beit dira. However, here we also have trouble comparing cases. If one has a building that is inhabited during much of the day but it is not a home that is classically lived in, does it require a ma'akeh? In many ways, the requirements of a building regarding ma'akeh and regarding mezuza are compared (Kesef Mishneh, Rotzei'ach 11:1). There is much discussion about whether office buildings require mezuzas (see Living the Halachic Process G-4). The most accepted opinion is to affix a mezuza without a b'racha, and one might expect that likewise an organizational building, even if no one sleeps there, would be the same. However, the S'ma (427:2) points out that regarding certain types of storage rooms, the Shulchan Aruch is stringent regarding mezuza (Yoreh Deah 286:1) and lenient regarding ma'akeh (Choshen Mishpat 427:1). Let's put things in perspective. In cases where people rarely use the roof, e.g., when access requires a ladder or a key and only workmen venture there, there are ample halachic opinions that do not require a ma'akeh for any type of house (see Minchat Yitzchak V, 122; Yeshu'at Moshe II, 79). This is the reason that poskim point out that in the classic, slanted roof-top, the minhag is not to build a fence (Aruch Hashulchan, Choshen Mishpat 227:5). When people us the roof regularly and without some type of fence there a fear is real danger, halacha requires one to take necessary steps to remove the danger (see Living the Halachic Process H-8), even if the formal mitzva of ma'akeh does not apply. This is because beyond the specific mitzva of ma'akeh, there is a general prohibition against being responsible for dangerous situations (ibid.). Certainly then, in this case where the formal obligation is likely not to apply, if you take the normal steps that any construction company takes to avoid danger (and possible law suits if tragedy occurs, Heaven forbid), you probably have fulfilled your obligation. It would then just be worthwhile, if the planned use of the roof warrants some precautions, that the fence you erect will be just over 21/2. 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 In literature, as in science, later practitioners, though not so great as their predecessors, often achieve more than they because of the simple fact of their coming after and building upon them. 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) Those of us who had the privilege to be students of our revered Rebbe and Teacher, Harav Joseph B. Soloveitchik ZTîL, are familiar with his brilliant analysis of Parshat Sh'lach. The Rav traced the events beginning with B'haalotcha and ending in Korach, which explain the sequence surrounding the story of the Meraglim. Needless to say, it is impossible to present them in the short space allotted for this Dvar Torah. I therefore have chosen to present one point of the Rav's discussion, which I believe is very relevant to our situation in Eretz Yisrael today. The Rav ZTîL asked why Hashem chose to command the Mitzva of Challa after the events of the Meraglim. Would it not have been more appropriate to place this mitzva together with the other tithes that Hashem commanded us to give - namely Trumot and Maasrot. The difference between them is that while we plant and reap the fruits of the earth, the finished product is not up to us but to Hashem. Whereas in the case of Challa, we take the raw materials with which Hashem endowed us and we produce the finished product. Trumot and Maasrot are a ìChovat Hakarkaî, a requirement of the growth, which Hashem produces. Challah is a requirement of the results of our own creation. The Rav told the story from the Midrash which recounts the discussion between Turnus Rufus and Rabbi Akiva. Turnus Rufus asked Rabbi Akiva if Hashem detests the uncircumcised why did He not create man circumcised from birth. Rabbi Akiva answered him by asking him what is preferable, the grain or the cookie. Turnus Drufus replied that the product was more desireable. Rabbi Akiva then responded that we do not find cookies growing on trees. Hashem provides us with the raw materials and it is our responsibility to seize the opportunity to use these materials in order to create. So it is with circumcision. The Mitzva of Challa teaches us that prosperity is earned based on our willingness to share the product of our efforts. So it is with Eretz Yisrael. The Meraglim failed to understand that the SEGULA - the uniqueness of Eretz Yisrael should be united with the SEGULA, the uniqueness of Am Yisrael. Moshe Rabeinu wanted the Meraglim to see the connection between Eretz Yisrael and Am Yisrael. It is only through this awareness that Eretz Yisrael becomes our Eretz Zavat Chalav Udvash. The effort that we put into creating a unique Eretz Yisrael will determine whether Eretz Yisrael becomes our land and heritage. Rabbi Binyamin Walfish, 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 R' Aharon Kotler, the great Rosh Yeshiva, attributed his love for Torah to his father. His father, who dealt with buying and selling furs, had a two hour morning session of Torah study which no one was permitted to interrupt. One financially difficult year, when the family suffered great hunger and privation, a fur merchant came to the family home and wanted to make a large purchase. He came though, just as R' Aharon's father was in the midst of his Torah study session. Timidly, R' Aharon's mother knocked on the door, but her husband was too engrossed to hear her. She knocked harder and harder, until finally he responded: ìYes, what is it?î She explained that they had the opportunity to make a large sale, and the merchant was waiting. ìTell him, "said R' Aharon's father, îthat I am in the midst of my daily Torah study. I will be happy to do business with him if he can wait until I finish. If he cannot wait, I'll forgo the sale. In any event, one's sustenance is decreed by Hashem.î It was that love of Torah which was transmitted to R' Aharon. 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 - SH'LACH 1) Why does the Torah teach us the seemingly irrelevant and meaningless fact that they called the place from where they took the cluster of grapes, NACHAL ESHKOL (13:24)? 2) The Jews were punished for the 40 days that the spies traveled in Israel with 40 extra years in the desert. When relating this punishment, why does the Torah say A DAY FOR A YEAR, A DAY FOR A YEAR (14:34)? Shouldn't it state A YEAR FOR A DAY, A YEAR FOR A DAY? 3) Why does the Torah state that the mitzva of tzitzit is FOR ALL GENERA- TIONS (L'DOROTAM) (15:38)? Aren't all mitzvot for all generations? THESE ARE THE ANSWERS Ponder the questions first, then read here 1) The S'forno teaches that the Canaanites were the ones who called the place NACHAL ESHKOL when they saw the spies taking the cluster of grapes. They were astonished to see how amazed the spies were to see these large clusters since, in actuality, there were clusters like these all over the land. Thus, this seemingly meaningless occurrence actually teaches us that the land of Israel was filled with these oversized clusters of grapes. 2) The Kli Yakar answers that our Sages teach that every year during those 40 years on the ninth of Av (the date the spies gave their negative report), Jews from that generation would die. The Torah records this by stating ONE DAY A YEAR, ONE DAY A YEAR, YOU WILL CARRY YOUR SIN. This is not referring to the general punishment of 40 extra years in the desert but, rather, to the day each year when people will die. Thus, the wording is very precise. 3) The Ohr HaChayim explains that since the Torah teaches that the mitzva of tzitzit is to remind a person about mitzva observance, a person or generation which is on a high level and always focused on mitzvot might feel that there is an exemption for them. Therefore, the Torah specifies that the mitzva always applies. Parsha Points to Ponder is prepared by Rabbi Dov Lipman, who teaches at Reishit Yerushalayim and Machon Maayan in Beit Shemesh and is the author of "DISCOVER: Answers for Teenagers (and adults) to Questions about the Jewish Faith" (Feldheim) and "TIMEOUT: Sports Stories as a Game Plan for Spiritual Success" soon to be released by Devora Publishing. - ppp@ouisrael.org Speaking of Tiyulim... Ever try one by submarine? TZOLELET. Especially a nuclear sub, which is powered by a reactor, MAGOV or KUR GARINI. The propeller (just like those of an airplane) is called MADCHEIF. The rudder that steers the sub (just like the steering wheel of a car) is a HEGE. Missile is a TIL which is contained in a missIle tube known as a ZVIL HATIL. What's the TZRIACH HAMITZPE? The conning tower. NYK Ya'akov's Solution The Torah tells us that Ya'akov became angry with Rachel when she implored him to give her children. He answered "Am I in place of God who has prevented you from having children." The Midrash explains that Ya'akov stressed the word "you" since he already had children with his other wives and so it seemed clear that he was not the cause of the infertility, therefore Hashem had prevented her from having children and not him. According to the Midrash, Rachel answered, "Is that the way that your grandfather acted to your grand- mother?" When Avraham saw that his wife was infertile he did not lay the blame with her, but rather, he prayed for her to have children. Ya'akov answered, "My grandfather did not have children, but I have children." And therefore our two circumstances are different, with different solutions. However, Rachel then answered, "Your grandfather did not have children and still prayed for Sarah." Even if you have children you can still emulate your grandfather and pray for me to have children, why do you seem to blame me? Ya'akov answered her, "Are you willing to do what my grandmother did?" "What did she do?" "She brought another wife into her house." Sarah allowed Avraham to have a child with Hagar. Rachel heard this and answered, "If that is what it takes then here is my maidservant, Bilha, be with her and I will also be built." This Midrash is quite astounding since it suggests that Rachel should follow Sarah's lead in bringing her husband another wife, and that it was Ya'akov that suggested this tactic. This is surprising in light of the outcome of Hagar bearing a child with Avraham. That child was Yishmael who tried to turn Yitzchak away from God, and who had to eventually be evicted from Avraham's household. We are still suffering at the hands of Yishmael's descendants who want to kill and destroy us to avenge the affront that their forefather suffered at the hands of his own father. Did Ya'akov really want to see such an event repeated? Did he not know his own family history? How can we understand this Midrash? I think that this illustrates the incredible lengths that couples facing infertility are willing to go to in order to have children, they will undergo treatment that is expensive, potential dangerous, have little chance of success, all to realize their dreams and hopes to have a child. Rachel was willing to risk a repeat performance of the situation that had been played out two generations previous, all in order to eventually have a child. Next week we will continue to look at the incredible lengths that couples go to in order to have children. The Puah Institute for Fertility and Gynecology in Accordance with Halacha is based in Jerusalem and helps couples from all over the world who are experiencing fertility problems. Puah offers free counseling in five languages, halachic supervision and educational programs. Puah has offices in New York, Los Angeles and Paris. To contact the Puah Institute please call 02-6515050 in Israel or 718-3360603. Visit our website at www.puah.org.il The jaragua lizard, found only on a tiny island of the coast of the Dominican Republic, discovered in 2001, is thought to be - not only the smallest known lizard but the smallest reptile and perhaps the smallest of over 23,000 species of reptiles, birds, and mammals. (2nd perek, Mishna 13) R' Shimon says: Be careful with the reading of the SH'MA, and with the saying of the Amida (and all other prayers as well). And when you daven, do not regard it as a fixed mechanical task, but rather as an appeal for mercy and grace before G-d. Know, that this is an exceedingly difficult challenge because our davening is so rigidly organized in the Siddur. But it is not impossible. Understanding what we are saying is absolutely essential if we hope to make our davening real. So is slowing down a little. So is adding our own words where permitted. This is a worthwhile goal to strive for. [10] Portion from the Portion by Rakel Berenbaum FEEDback to berenbau@actcom.net.il THE SEGULA OF PRAYERS AT HEBRON In this week's portion, Moshe sends out twelve men, one leader from each tribe, to scout out the land of Israel before the nation will commence their conquest . The purpose was to make their entrance into the land easier, but the mission fails and the men come back with a report that panics the people. The spies report convinces the nation that it would not be possible to enter the land. But the verses relate that it wasn't all spies who gave such a report. Two of the spies - Yehoshua bin Nun, and Kalev ben Y'funeh came with a different message. They saw the goodness of the land and had faith that G-d would enable them to conquer it. But how were they able to stand up against the rest of the spies? It is always hard to be the odd man out. How did they manage to maintain their own beliefs while everyone else felt strongly otherwise. After listing the names of all the spies, the verse says (13:16) that Moshe called Hoshea, Yehoshua. Why is this so significant for us to know? The Targum says that Moshe saw that Joshua was an ANAV and that's why he changed his name. Why did he need his name changed because of this seemingly holy trait? Rashi says that Moshe prayed that Yehoshua wouldn't be influenced by the rest of the spies. Yehoshua was Moshe's right hand man , and he knew him very well. He knew that his trait of modesty might hinder him from standing up to the other spies, so Moshe added the letter YUD - so G-d would stand by him to give him more confidence. And how did Kalev manage to stand up to the spies? He worked very hard on himself. There are many midrashim that are a play on words using Kalev's name. Kalev ben Y'funeh "PINA ATZMO MEI-ATZAT M'RAGLIM - he distanced himself from the ideas of the spies... These midrashim point to the personal work he did not to succumb to the peer pressure around him. Another thing he did in order to protect himself we learn from verse 22. The verse says VAYAVO AD CHEVRON and he went to Hebron. The verse is singular which leads Rashi to say that Kalev went by himself to pray at his forefathers graves - M'arat HaMach- peila - requesting ZECHUT AVOT that they will help him withstand the influence of the spies. May we all be able to protect ourselves from the bad influences around us. Since Kalev went to pray in Hebron here's a recipe for Hebron chulent 1 1/2 cups beans 1 1/2 cups chick peas 4-5 meat bones 2 kilo meat 1/2 cup meat fat cut in pieces (leave this out if you are on a diet) 15 medium potatoes, peeled & cut 1 1/2 cups rice 1 1/2 cups wheat, bulgur, groats, buckwheat, (or quinoa) Kishka eggs salt & pepper to taste bahart 4-5 Tbsp. stock 2 cotton bags / cotton diaper 22x17cm Thursday night soak the beans in a lot of water. On Friday wash the beans. Wash the rice. Add the salt, pepper, cup fat , mix and put in cotton bag. Fasten bag, but leave space for the rice to expand. Wash the wheat, add salt and pepper and cups fat mix and put in cotton bag. Fasten bag, but leave space for expansion. Place the beans, chickpeas and bones at the bottom of the pot. Put meat on top. Then place the bags and kishka over that. The potatoes and eggs are put in on top. Add the remaining ingredients and cover with water. Bring to a boil, then place in the oven at 100C or place on the plata. [11] Guest Article by Rabbi Ephraim Sprecher, Dean of Students, Diaspora Yeshiva How to Rectify the Sin of the Spies The covenant between the Land and People of Israel began the moment G-d told Avraham, "Go forth from your land... to the land that I will show you" (B'reishit 12:1). From the very start, the relationship between these two was full of hardship because Eretz Yisrael is acquired through suffering (Talmud B'rachot). Before Avraham had succeeded in setting down permanent roots in the Land, he was already compelled to leave the Land due to a famine. Yitzchak was commanded never to leave the Land, yet he too did not have an easy life here. The Philistines committed acts of sabotage and terror against him. Sound familiar? Even Yaakov had to flee the Land due to his brother Esau. When he returned from Lavan's house and sought to dwell in tranquility, he was overcome by the crisis involving Yosef. Despite the trials and difficulties, the patriarchs remained faithful to the Land not only during their lifetimes but in death as well. Jacob thus commanded his sons, "Bring me to my fathers, to be buried in the cave in the field of Ephron the Hittite" (in Hebron) (Genesis 49:29). Joseph did the same, making the Israelites swear that they would bring up his remains into the land sworn to Abraham, Isaac and Jacob. The first ones to undermine the faithfulness of the Jewish people to Eretz Yisrael were the spies. The question arises, what was the sin of the spies? It cannot be that the sin was the very fact that they were sent. On the contrary, we find the use of spies against the enemy camp in many places. For example, it says, "Moshe sent out men to spy on Ya'azer" (Bamidbar 21:32). Likewise, Yehoshua as well sends out two spies to see the Land and Jericho. Regarding Gid'on we find that G-d sent him to spy on the Midianite camp to hear what the Midianites were saying so as to be in a stronger position to attack them (Shoftim 7:11). Therefore, Ramban (Bamidbar 13:2) does not view the actual sending of the spies as the sin. On the contrary, he writes; "This is reasonable counsel for all occupying forces. The Torah does not advise relying on miracles in all that one does. Rather, it commands that soldiers cautiously lay in ambush for the right moment to attack." If the sin was not in the spies being sent, then what was it? Ramban further refines the question. Seemingly the spies spoke the truth and the report they issued was appropriate to what they had been commanded to find out. They had been asked to see if the soil was rich or weak (Bamidbar 13:20) and they answered that it was rich, and that it was a land flowing with milk and honey. To the question of whether the Land had trees or not (ibid.) they responded by displaying its fruit, as Moshe had commanded that they do. What then was their sin? Ramban answers that the spies had been commanded to provide information about the Land, and their sin was that they added their own opinion that the Conquest of the Land would be absolutely impossible to carry out. The spies conducted themselves like some of our media personalities whose job it is to provide the public with facts and information, and who instead take advantage of the tool in their hands to weave in their own commentary, assessments and opinions. This was the sin of the spies. Chattam Sofer (Torat Moshe, Sh'lach, page 22) likewise holds that sending out the spies was appropriate in accordance with wartime practices, because we mustn't rely on miracles, but should conduct ourselves according to the laws of nature. He adds that the spies did not provide false information. Rather the information they provided should have been given exclusively to Moshe, who had sent them (Bamidbar 13:3). It was for Moshe alone to decide how to use their information. Yet they did not do this. Rather, immediately on their return, "they went directly to Moshe, Aharon and the entire Israelite community... and they brought their report to Moshe, Aharon and the entire community" (13:26) They did this with the intention of demoralizing the Israelite camp, like some of the "spies" of today. The Book of Psalms long ago revealed to us that lack of faith and an absence of love of the Land are the root cause of the sin of the spies; "They despised the precious land, they did not believe His word" (T'hilim 106:24). Therefore, the answer to the confusion and doubt amongst our generation regarding Eretz Yisrael is increased education towards love of the Land, People and Torah of Israel. Parshat Sh'lach reminds us each year of the importance of recognizing the significance of Eretz Yisrael in our lives. For when Yehoshua, Moshe's ever-loyal servant, was joined by Kalev ben Y'funa in saying that the Land was, "Very, very good", this surely was no understatement. Eretz Yisrael is mentioned in the Torah numerous times. The Land is singled out as the ultimate reason for the Exodus, the fulfillment of the promise to the Avot, and the land, "which the Eternal your G-d looks after". Our rabbis tell us that only in Eretz Yisrael does the Sh'china dwell and prophecy flourish (Yalkut Shimoni on Yona). We tend to think of the 12 M'raglim sent by Moshe to scout the Land as being spies. However, remarks Rav Soloveitchik, they were but to have identified the characteristics of Eretz Yisrael as a groom needs to become acquainted with his new bride before their wedding (cf. Kiddushin 41a). For when Bnei Yisrael entered Eretz Yisrael their combined destinies were being joined. As representatives of the people, the "spies" were to experience the quintessential qualities of the Land before they made their irrevocable commitment. Clearly, the Jewish connection with Eretz Yisrael transcends superficial perceptions and purely secular, nationalistic sentiments. For this relationship is a unique and passionate bond that is rooted in the Divine. Shabbat Shalom, Menachem Persoff [The Parshat Sh'lach Homepage]
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