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: A laundromat damaged much of my clothing and is willing to reimburse me for only some of the losses by offering free laundry service. Is that a legitimate form of payment? A: We will deal with the question of the form of payment and take no stand on how much, if at all, they owe you. That requires hearing both sides and appraising the clothes' value. Not always does halacha require one to make payment in the form of cash. Regarding a regular loan, one who has cash must pay cash (Shulchan Aruch, Choshen Mishpat 101:1). However, regarding damages, even one who has money may give objects of the same value (ibid. 419:1). Although one who pays damages with real estate has to give the choicest level of fields that he possesses, he can pay whichever and whatever level of movable objects (m'talt'lin) he wants (Shulchan Aruch, ibid). This is because m'talt'lin are considered a choice form of payment, as the recipient can take them to wherever he wants and sell them (Bava Kama 7b). Now let's analyze the type of payment that the laundromat is offering. They are offering a service that is of value only in a very limited context (laundering at a single establishment). Therefore it lacks the broadness of m'talt'lin, which one can take with him. However, if they give you a written credit that can be sold to anyone, the certificate is arguably like m'talt'lin, as it can be sold if the recipient personally has no use for it. Is this really so? There is a similar case that is discussed by the poskim, albeit in the context of a loan, which can serve as a precedent for our case. The Shulchan Aruch (ibid. 101:2) accepts the opinion that if a debtor has a loan contract against a third party, he can give it over to his creditor as payment. The Rama (ad loc.) concludes that this can be done even if the debtor has standard m'talt'lin that he could give as payment. The concerns of those who do not allow such payment (see Tur in the name of Sefer Haterumot) are as follows: the loan contract is not something of intrinsic value; there is a danger that after receiving the loan contract as payment, the creditor will be unable to extract payment from the third party. Since we see that the Torah expected payment to be in a relatively safe and accessible form, the contract does not seem to be up to the qualifications. Our case is similar in that in both one cannot practically take the document anywhere to sell it, but, on the other hand, it certainly is more movable than land. Our case is better in that the person who is trying to thereby exempt himself from payment is the one providing the service. If he reneges on the credit, the court case will resume from the same point. Both cases have similar questions as to whether a document can be considered as the equivalent of money (see K'tzot HaChoshen 101:2). It is important to note that the Shach (CM 101:3) argues on the Shulchan Aruch and Rama and says that a loan contract can be used as payment only when no standard m'talt'lin exist. Even they say that the value of the contract is not its face value but depends on how much a person would pay for them, after considering how easy it is to extract payment from the specific debtor. In this case, the laundromat's reputation and accessibility would be factors. In such matters, accepted standards emanating from laws or social norms may affect the halacha. It seems to us (albeit before extensive research) that, in this type of case, proprietors often give this type of compensation. We understand why you would prefer to get cash, and you now understand that it might be legitimate for them to give you a credit as compensation. Assuming that you would not prefer to drag the matter to a Din Torah and that you may lack ways of exerting effective pressure, this might be the best way to get them to agree to return to you the most value for your loss. 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 In being objective, we surrender a great deal of ourselves that would be extremely valuable to us in our analysis if we could employ it without without bringing the purely personal factors with which it is involved, into the picture. From "A Candle by Day" by Rabbi Shraga Silverstein A Candle by Day ï The Antidote ï The World Of Chazal by Rabbi Shraga Silverstein Now available at 054-209-9200 [3] CHIZUK and IDUD (for Olim & not-yet-Olim respectively) Believe it or not, you have already acquired land in Israel! My teacher, Rav Shlomo Aviner, points out that our eternal connection to the Land of Israel begins with our forefathers. Avraham Avinu walked through the entire Land of Israel: "Arise, walk in the Land, its length and its breadth, for I am giving it to you" (B'reshit 13:17). Our Sages teach that this journey through the Land of Israel was not designed to signify Avraham Avinu's individual inheritance of the Land, but rather to ensure that the Land would be easily conquered by his children (Baba Batra 100a). Avraham Avinu also acquired the Land by possession: He dug wells (B'reishit 21:25-30). And he acquired it through money: He purchased the Cave of Machpelah in Chevron (ibid. 23). Yitzchak also acquired the Land by digging wells: "And Yitzchak dug the wells of water which they had dug in the days of Avraham, his father, and the Philistines closed them up after Avraham's death" (ibid. 26:18) In this week's parsha of Vayishlach, when Yaacov returns to Israel after having been in exile in Lavan's house for 22 years, his first two acts are acts of acquisition: He builds a house (ibid. 33:17) and he buys Land in Shechem (ibid. 19). The land he purchased will eventually be used as the grave of Yosef. We see that our forefathers acquired the Land from every possible perspective: Walking through it, digging wells and by purchase. Rav Tzvi Yehuda HaKohein Kook explains that we must view the history of our ancestors in light of the great principle, "The action of the fathers is a sign for the children." Crucial to our understanding of this principle is the idea that our forefathers are not separate entities from their children, but rather, form a continuum with them. They are the root of Klal Yisrael. Their actions are "signs" for their children, i.e. for us, because we are, in fact, one entity with them. We are bound together, sharing a single essence which flows throughout time, from one generation to the next. When we learn about our forefathers and their actions, we learn about ourselves and our actions, which are one and the same. When we read that our forefather acquired the Land, we are reading about our own personal acquisition of the Land. It is waiting here for you, just come and get it. Rabbi Mordechai Friedfertig 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' Yaakov Kaminetsky was once seeing going into a jewelry store, carrying a silver kiddush cup which he had received as a gift from his congregation, asking for an appraisal. When he became aware that people were astonished and offended by his behavior, he explained: He was asked what he had been doing there, and explained: ìI have always been very careful to ensure that I pay income tax on everything I earn. I needed to have the cup appraised so that I could include its value in my tax return as income.î ### Rî Mordechai of Chernobyl said, ìThere are two kinds of people who appear to be truly humble: the truly humble person and the one who is just acting that way, but is reality conceited. The way to tell them apart is simple: say one word against their humility - the truly humble will not take offense while the faker will be offended by your allegations.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 - VAYISHLACH 1) 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? 2) Why is Yaakov the only person in the Torah who G-d actually commands to build a personal altar to G-D? (35:1) 3) Why doesn't the Torah use a terminology about the life of Yitzchak right before relating his death like it does for Avraham (25:7), Yaakov (47:28), and Yosef (50:22) instead of simply AND THE DAYS OF YITZCHAK WERE...? (35:28) THESE ARE THE ANSWERS Ponder the questions first, then read here 1) The Ohr HaChayim suggests that Yaakov with his great compassion was the first person to build protective shelter for animals. That is why his building of the huts for the animals is recorded in the Torah to begin with and this special innovation showing care for animals deserved to be memorialized through the naming of the location. 2) The Meshech Chochma explains that Yaakov would have built this altar on his own to offer thanks to G-D as we find with our other forefathers and ancestors. However, he did not want to prepare the sacrifice since he feared that the materials he would use for the altar and the sacrifice were spoils from Shechem which could be viewed as stolen items. Thus, G-D told him not to worry and he should prepare the altar and sacrifice since it would be accepted. 3) The Ohr HaChayim points out that until the akeida, Yitzchak was not married and after the akeida his eyes began to fail him. Our Sages teach that living without a wife is not real living (Yevamot 62b) and living without proper eyesight is not real living (Nedarim 64b). The Torah deliberately omits the use of the word LIFE prior to Yitzchak's death since Yitzchak never truly lived in the fullest meaning of that word. 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 [6] Torah from Nature Joint Column...(Torah from Nature and Towards Better Davening) Yaakov's gift to Eisav consisted of 200 female goats, 20 male goats, 200 ewes, 20 rams, 30 nursing camels with their young, 40 cows, 10 bulls, 20 female donkeys, and 10 male donkeys. Reviewing these verses led to a discovery that terminology differs from Biblical Hebrew to modern Hebrew. For example, ATIR says Rashi, is a male donkey. In modern Hebrew, it is the term used for the young. Female donkey is ATON. In English, BTW, male donkey is a jack, female is a jenny, and young is a foal. TAYISH is a male goat (billy goat). EZ is female (nanny), but also the general term for goats. Young are kids. Last week we wrote that lambs are KEVES and KIVSA. In modern Hebrew, a lamb is a TALEH. More, some other time [7] MicroUlpan The mazal of Kislev is the KESHET. Bowstring in Hebrew? MEITAR. And the groove at each end of the bow for the bowstring in English? NOCK [8] from Machon Puah Testing Ovulation and the Halacha Dear Puah, I am a Rabbi in California and have been following your articles. Many young couples ask me how then can test for ovulation, what is your suggestion? Are there any halachic problems with testing ovulation? Last time we reviewed some of the different methods for accessing when a woman ovulates. The real halachic question with all the different methods is the permissibility of doing them on Shabbat. Let us look at each method and whether it is allowed or not. Basal Body Temperature (BBT) where a woman checks her temperature each day and records it. The obvious question here is whether one is allowed to take her temperature on Shabbat, as it involves the rabbinic prohibition of measuring. However, since this is measuring for the purpose of a mitzva, it is allowed (Mishna Shabbat 24:5). Both Rav Moshe Feinstein (Igrot Moshe O"H 1:128) and Rav Waldenberg (Tzitz Eliezer 11:38 and 12:44 v) allowed measuring temperature on Shabbat for the purpose of determining when ovulation occurs. Rav Moshe allowed it as he held that this measuring was not prohibited but only a stringency, whereas the Tzitz Eliezer allowed it in order not to compromise the enjoyment of the Shabbat of the couple. This latter teshuva is quite fascinating as we could question how would this actually adversely affect their oneg Shabbat, after all, why does one have an urgent need to know on Shabbat morning that she is about to ovulate. However, we under stand from this how much the Rav takes into account the psychological state of the couple, that for them it is essential to know this even if there is no real practical application. Obviously the woman is not allowed to write down the results of this test on Shabbat and it can only be written after Shabbat. In addition, it is clear that a digital thermometer cannot be used on Shabbat. Home Ovulation Kit, where dip sticks are placed into urine and a chemical change appears that indicates ovulation. This would also appear to present a problem on Shabbat. However, I personally heard from many poskim who do allow it since the coloring is temporary and minimal. (See Tzitz Eliezer 10:25 i and Sh'mirat Shabbat K'hilkhata 33:20 and note 83) The other methods of monitoring ovulation such as an ultrasound or blood tests will be forbidden on Shabbat as they include Torah prohibitions. In any specific case a Rav should be consulted. 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 [9] Portion from the Portion by Rakel Berenbaum FEEDback to berenbau@actcom.net.il YAAKOV SET UP A MONUMENT ON HER GRAVE Yaakov went on his way from Beit El towards his father's home. It was many years since he left and he had to spend difficult years in Lavan's house. Lavan had constantly tricked him (starting with switching the wives). Things were beginning to pick up. G-d blessed Yaakov as he had blessed Abraham before him (35:11), be fruitful and increase. A community of nations will come into existence from you. Yaakov already had 11 sons and it has been a long time since any of his wives had delivered a baby. Now on this difficult journey home we see that his beloved wife Rachel is pregnant with her second child and is ready to give birth. But this was an extremely difficult labor. When her labor was at its worst, the midwife said to her "don't worry, this one will also be a son for you". The Midrash asks why she said that. It was known that midwives didn't tell birthing women the sex of their child during the labor just in case the news would have a detrimental affect on their health in this weakened state. So why just now when the midwife knows that Rachel is having a very difficult time, did she tell her that this one will also be a boy. The Midrash gives an interesting answer. We have learned that each one of the other tribes had been born with a twin sister. But in this delivery Rachel gave birth at first to two girls. The midwife knew that this might disappoint her because she also wanted to have the honor of giving birth to another tribe. So the midwife chose to tell her that the third child being born would be a boy - she hoped this news would calm her down and make the delivery go smoother. She also hoped that if Rachel knew that her prayer recited when she named her first son Yosef, YOSEF HASHEM LI BEN ACHER - May G-d grant me another son, was answered, her labor would go more easily. Even with the knowledge that her child would live on, Rachel knows that she is dying and with her last breath she names him BEN ONI - the son of my sorrow, or the son who took away all my strength. Yaakov gives him a different name Binyamin - BEN YAMIN. How could Yaakov do such a thing? This was the son that Rachel had prayed for, and with her last breaths of life she chose his name. How could Yaakov be so cruel as to call him something else? The Ramban says that really he respected his wife's choice of name - but he took the positive interpretation of the word ON. It could be interpreted as mourning and lack of strength or it could be interpreted as strength as in the verse KOCHI V'REISHIT ONI (49:3). He called him BEN-YAMIN - son of the right. Right always signifies strength so BENYAMIN is the positive rendition of BEN-ONI. How many times must we Jews find our strength through our mourning? The verses tell us that Rachel died and was buried on the road to Ephrata, now known as Beit Lechem. The literal translation of the Hebrew name Beit Lechem is ìHouse of breadî - Yaakov built her a MATZEIVA there. So this week's recipe will be for a MATZEVA, ìa pillarî made out of bread. FRENCH BREAD 1-1 1/2 Tbsp yeast 2 cups warm water 1-2 Tbsp sugar or honey (optional) 1 1/2 tsp salt 6 cups flour optional: 2 tsp cornmeal 2 1/2 Tbsp oil Dissolve yeast in water with salt (and sugar). Beat in 3 cups flour and make a batter, beating until smooth. Allow to rise until doubled. Beat in enough flour to make a pliable dough. Knead 5-10 minutes, using as little extra flour as possible. Let rise until doubled one or two times. Knead again briefly and shape into 2 oblong loaves. Place on greased baking sheet sprinkled with cornmeal. Let rise till doubled. Make three or four diagonal slits on the top of each loaf. Bake at 200 for 10-15 minutes. For a crisp crust, bake on unglazed ceramic tiles; place a pan of boiling water in the bottom of the oven; brush or spray the loaves with water using a spray bottle before and during baking; and/or glaze with a mixture of 1 egg white and 1 Tbsp water. [10] Correction RAZ correctly points out that DERECH ERETZ KODMA LATORAH is not in Pirkei Avot (as mentioned in TT last week). The idea is in Pirkei Avot, but the wording is from Avot d'Rabbi Natan and used often in later writings. [11] The Pogrom of Peki'in The Druze community of Israel consists of 120,000 members and resides mainly in the Carmel, Galilee and Golan Heights. Since 1957 the Druze have been drafted to the IDF. Until today over 300 have been killed in active duty. It is therefore no wonder that PM Ehud Olmert announced that the recent events in the village of Peki'in were none other than crime related and not of national magnitude. No police officer or government official wants to think that the Druze-Israeli relations are dwindling. In fact if one's knowledge of the recent events of Peki'in is based solely on Police and media reports, then he has a very faded and naive version of the situation. What are Jews doing in a Druze village you ask? Until these recent events, Ancient Peki'in was home to seven Jewish families who arrived in recent years in support of Margalit Zinaty, the last living member of the Zinaty family which has resided in Peki'in for the last 2000 years. Let it be understood that the village of Peki'in is not just a case of Jewish people trying to settle in an Arab village, but a right to a claim of 2000 years of Jewish settlement and rich history tracing back to the Second Beit Hamikdash. One of the most prominent places visited by tourists to Peki'in is the ancient Jewish synagogue, under the responsibility of Miss Zinaty herself. Peki'in's greatest claim to fame however is the Cave of Rabbi Shimon Bar Yochai, located mere footsteps away from the edge of the village. Less than five years ago, the Zigelman family moved to Peki'in, and soon to follow were the other six families. Although the Jewish-Druze relationship in Peki'in was fairly calm and decent, the Jews of Peki'in were not surprised by the recent events that unfolded. The tranquil Jewish-Druze relationship has in the last two years become passe amongst the Druze youth of the village. Just one month ago in Peki'in, a Druze teenager deliberately drove his ATV buggy at high speeds towards a group of Jewish teenagers in attempt to run them over. This is only one example of the many recent Jewish-Druze teenage confrontations. On Motzei Shabbat, October 13, '07, the night of Id-El-Fitar, symbolizing the end of the Islamic Ramadan, a car belonging to the Zigelman family was set ablaze. Although a report was filed with the police, the media spoke not a word of the incident. The following Sunday, October 21st, a hand grenade was thrown into a Jewish home. Baruch Hashem no one was injured. The atmosphere in Peki'in became tense. Rumors of incitement against the Jews of the village began to stir. Three days later, Wednesday October 24th, the Druze youth of Peki'in raided New Peki'in, a close-by Jewish settlement, in attempt to vandalize and remove a Jewish owned cellular antenna. They returned to Old Peki'in in an uproar of howls and chants, in announcement of their success and victory. The Jews of Peki'in instantly new that they were the next targets. They were right. Around midnight, another hand grenade was thrown into the home of the Zalicha family. Yinon, the father of the Zalicha household reports that the grenade exploded on the roof collapsing part of the ceiling just inches from where he was standing. Even this still did not interest the media. The following Motzei Shabbat, Oct. 27th, a group of Druze teenagers returned to the home of the owner of the cellular antenna, under repair from their previous riots, killed all his chickens and torched his chicken coop. They then continued on to torch a security vehicle, vandalize several Police vehicles, and steal their valuable communication equipment. At 2:00am yet another grenade was thrown at neighbors of the Zalicha family, exploding their household propane tanks. Miraculously no one was hurt. Nearing the break of dawn, after several policemen were injured, the Druze head of the City Counsel announced over the village speaker system, "Kol Hakavod! You are our pride!" The next Monday, October 29th, a Police car patrolling the area was stoned. The Police began to organize themselves for entry into Peki'in. Upon realization that the Druze planned to ambush them upon entry, the Police told the Jewish families that they could not respond to their calls for help. At 2:30am, later that same night, another hand grenade was thrown into the Zigelman house- hold. Yet again, miraculously no one was injured. In response to the continued Druze rioting and extreme violence, smashing windows of Jewish cars and homes, the Police finally decided to enter the village. In the intense shootout between the Police and the Druze, a female Police officer was taken hostage. The Druze freed her only in exchange for their arrested accomplices. After the Police left the village at 6:15am, the Druze stormed Jewish cars yet again. The Zigelman family managed to escape in a friend's car that they had coincidently borrowed that day. Less than fifteen minutes later, the Druze ransacked their home and set it ablaze, torching all that the Zigelman's possessed. As you can see, the reality of the frightening events that unfolded in Peki'in on the dates of October 13th through the 29th, and the reports and claims of the Police Department and Government are two very different things. The unfortunate Jewish families of Peki'in are in a desperate situation. They currently cannot return to their homes, or what's left of them, for that matter. Most have lost valuable possessions and in the case of the Zigelmans, all their possessions. For more information and/or for donation details to help ease the pain of the families of Peki'in, please call Merav at 052-810-9176 or email moreshet2@bezeqint.net [12] Divrei Menachem The opening verse of Vayishlach reveals that, "Ya'akov sent messengers to Esav his brother... commanding them to say to my lord, to Esav... I sojourned with Lavan... and I have oxen and asses." Beneath the surface of this relatively mundane narrative Rashi reveals an intriguing duality. For this text may be viewed from either Esav's material perspective or from Ya'akov's spiritual stance. Were the messengers mortals or angels? If angels (after Rashi), then all the better for Ya'akov to appeal not only to "my lord Esav" but also to the Lord of the Universe. To Esav he would say that as a sojourner, Hashem's blessings did not materialize (so you have nothing to fear from me). To Hashem (playing on the Hebrew for "I sojourned", GARTI), he would proclaim: I am worthy, for even in Galut I kept the 613 (TARYAG) mitzvot. The terms "oxen" and "asses" also indicate to the material-minded Esav assets earned through personal effort (and not as a result of Hashem's blessings). However, based on the Midrash, the ox represents Mashi'ach Ben Yosef, and the ass, Mashi'ach Ben David. The implication is that despite everything, Israel will overcome. Clearly Rashi has taught us that Ya'akov was a master of, "finding favor and good understanding in the eyes of [both] G-d and Man" (Proverbs 3:4). Shabbat Shalom, Menachem Persoff [The Parshat Vayishlach Homepage]
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