Is it necessary to have a king? The Tana'im disagreed about this. Some felt that the Torah is neutral, neither for nor against the royal style of government. Others felt that the appointment of a king is improper behavior (see Sanhedrin 20b, Sifri 156). The following Midrash would seem to have a clear opinion:

"'I will appoint for me a king' [Devarim 17:14] - The sages say: the Almighty said, in this world you asked for kings, and when they were appointed they caused you to die by the sword. Shaul brought about deaths on Mount Gilboa ... David caused a plague in the nation ... Because of Achav, the rains stopped ... Tzidkiyahu caused the Temple to be destroyed." [Devarim Rabba 4:11]. The Midrash summarizes events which occurred during the reigns of different types of kings: good or evil, appointed by G-d or by the people. The conclusion is disappointing. It is summarized as follows:

"When Yisrael saw what happened under the rule of the kings, they started to cry: we do not want a king, we will return to our primary king. 'For G-d is our judge, G-d is our lawmaker ... He will save us' [Yeshayahu 33:22]. And the Almighty replied, I swear that I will do as you say. 'And G-d will be king on all the earth' [Zecharia 14:9]."

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SCIENCE AND THE TORAH PORTION:
"You May Eat From It, But Do Not Chop It
Down" [Devarim 20:19]

by Idit Gamliel

Before Bnei Yisrael reached the land, the Canaanite inhabitants already knew how to grow fruit trees. This is clear from the report of the scouts, who said "the land is very, very good" [Bamidbar 14:7], bringing with them as proof "a cluster of grapes ... and some pomegranates and some figs" [Bamidbar 13:23]. The Mediterranean climate, with a mild winter and a hot dry summer, is very good for growing fruit. The mountainous regions of the land cannot be used as fields because of their terrain and because of the terraces on them, but they are quite suitable for orchards. Five of the seven special agricultural products of Eretz Yisrael grow on trees: grapes, figs, pomegranates, olives, and dates.

Fruit trees were very important economically, and the Torah prohibited harming them, even during a siege. This is the opposite of the traditions of other nations, who tended to destroy the trees in a conquered land. An example is Adrianus, the Roman Caesar, who cut down all the olive trees in the Galil.

During the time of the Talmud, trees continued to be important, as is clear from Rabbi Yochanan's advice: "Divide your property into three parts: one third fields, one third olives, and one third grapes." The most valued trees were those whose fruits have a high nutritional value, with a high content of sugar or oil, and which can be stored for long periods (such products as dried figs, raisins, and olive oil).

When the exile began, many orchards were destroyed, in accordance with the Agada that "from the day that the Temple was destroyed the trees stopped bearing fruit." Travelers to this area a century ago noted how desolate and bare it was. However, today, now that the nation has returned to its land, the advanced agriculture of orchards once again provides enough fruit for the average Israeli. Annual per capita consumption of fruit in Israel is about 56 kg.

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POINT OF VIEW:
Pursue Justice and Inherit the Land

by Dr. Yisrael Rozenson

At times it is quite proper to pat ourselves on the back in recognition of thousands of years of pursuit of righteousness, ever since Avraham gained the reputation of teaching "his sons and his house after him ... to perform kindness and justice" [Bereishit 18:19]. It is also proper to be mildly sarcastic about those who travel to India in search of life's deep meaning, forgetting to look for elementary justice there. Has India disbanded the caste system, have they declared all the untouchables to be pure, do they still cremate widows together with their husbands? On the other hand, we must not forget that life in Israel cannot allow us to remain placid with self-praise, full as it is of challenges to righteousness.

(1) Admiring the Roman Empire

Reish Lakish praised the Roman government of his time with the verse, "Behold, it was very good" [Bereishit 1:31], saying, "It demands justice from the population" [Bereishit Rabba 9:13]. Even though he doubtless also knew of the darker side of the empire, he took a step in the direction of praying for peace of the reigning government, since, as is well known, without the fear of government every man would be willing to swallow his colleagues. He rewarded the search for justice by the Roman government with a grade of "very good." On the other hand, there are those who would not even give a passing grade to our own government today.

And why is that? There are those who refuse to recognize Israeli justice, as part of their general attitude towards the country. Unfortunately, they criticize our justice system just as they do not accept our very existence. The only government they would pray for is that of the Emperor Franz-Josef or Czar Nikolai. There is no way that a single article in Shabbat-B'Shabbato will change their minds.

(2) The Essence of Justice and Its Pursuit

However, I am writing now for those who do recognize the State of Israel, but who see Israeli justice as somewhat rotten, something which has the power to transform the sweetness of our nation, the beginning of our redemption  into something bitter. They see the justice system as something interfering with the possibility of establishing a country based on halacha. In a word, they view the civil justice system as an enemy.

However, while there may be a disagreement with the Supreme Court about the essential elements of justice, it is necessary to differentiate between the substance of the law and the very act of striving to pursue justice. The Supreme Court can provide a good example of the latter, the pursuit of justice.  Reish Lakish may not have agreed with Roman laws, but he did approve of their attempt to strive for justice.

On the other hand, there is no doubt that he would not have given an ounce of approval to the justice system in Sedom, even if their proponents of "justice" had shown unqualified dedication in pursuit of their cause. In order to approve the pursuit of a cause, one must believe that the pursuers have a deep-seated desire to improve the moral state of the world. If Reish Lakish found some hint of this desire in Rome, there can be no doubt that he would find an even greater desire in the Israeli court system. Many people (and this includes the religious sector) would certainly testify that they feel protected from arbitrary application of force and oppression because of the actions of these courts. We should also be proud of how much the country spends in defending indigent plaintiffs in court.

(3) Fair Criticism

It goes without saying that all of the above arguments do not mean that we must accept all decisions of the Israeli justice system unconditionally. It is permitted and even obligatory to voice legitimate criticism of the way the law is applied. Even more than this, it is important that we show everybody the importance of pursuit of justice by personal example. There are many possibilities for this, such as proper Jewish behavior on the roads and at traffic lights, on the street and in the shops. In small matters everybody is a "Chief Justice" for himself. Such a minor "judge" can certainly criticize the Israeli system. The question is if this is done in a proper way. For example, is criticism voiced with full attention to the halachot of "shemirat lashon," that is, keeping a civil tongue?

There has been a recent trend among our people, in discussing legal aspects of court decisions, to take a count of how many people from the "left" have been convicted recently. But why not also delve into the details of the evidence and the legal arguments? Let us not forget that a judge is often required to sift through hundreds or thousands of pages before coming to a decision. It is certainly not easy to be a Supreme Court justice.

And now, to return to the title of this article: There may come a day when we will be asked why we have not achieved the goal of inheriting the land. One of the many possible answers can be derived from the following verse, from this week's Torah portion: "Pursue justice, so that you may live and inherit the land" [Devarim 16:20].

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TORAH AND ... SOCIETY:
Magic

by Rabbi Uri Dasberg

"Let there not be found among you ... a magician ..." [Devarim 18:10]. If so, how is it that there was a recent exhibition especially for religious people (according to the advertisements) with performances by magicians, jugglers, and pantomime artists?

At first glance, slight of hand would seem to be prohibited by the verse quoted above. Our sages interpreted "meonen" as referring to one who performs slight of hand. The Talmud even gives some examples of tricks which they performed, such as one person who appeared to open up his nose and remove from it scraps of silk. And Rav tells Rabbi Chiya about a Yishmaelite who seemed to chop up his camel and bring it back to life by ringing a bell. The Rambam describes people who would put a rope inside their clothing, to have it replaced by a snake (is this similar to pulling a rabbit out of a hat?). According to the Rambam, such actions are forbidden. In one place, he writes that one who performs a trick and claims that he has done real magic is to be punished by lashes by virtue of Torah law [Avoda Zara 11:9]. Later, he writes that if the magician shows how he performed the trick, he is punished because of rabbinic law [ibid, 11:15].

To explain the apparent paradox in the Rambam, the Bach writes that one who uses slight of hand to fool the watchers is punished by lashes. However, one who uses real sorcery is not given lashes, not because of the leniency of the act but because his punishment should be the much harsher one of death.

One who should receive capital punishment is not punished by lashes. In any case, this has led many people to wonder if it is permissible to put on a magic show based on mechanical devices and slight of hand. 

However, traditional sources described people who used gifts of speed and unusual powers, without any criticism of these acts. For example, we are told that Yosef's brothers took advantage of Naftali's swiftness to send him quickly from Chevron to Egypt, to bring the deed of sale of the Machpela Cave to Yosef (Sota 13a). In addition, Shimshon's strength was much greater than anything which might have been expected naturally. Rabbi Moshe Feinstein therefore ruled that there is no prohibition in performing magic as long as it is known that it is the result of sleight of hand and other tricks. It can be assumed that the Yishmaelite who chopped up his camel did not tell his audience that he was performing a trick and not real sorcery.

It may be that modern magicians should make it a point to explain to their audiences that they are not doing real magic but showing dexterity and tricks, especially in the case of young audiences who might otherwise be foole  into believing what they saw. There are some performers who teach one trick to the audience, making it clear that they are showing an allusion and not real sorcery.

References: "Assei Lecha Rav," volume 2, 44; "Yavi'a Omer," volume 5, Yoreh Dei'ah 4; "Yechaveh Daat," volume 3, 65; "Igrot Moshe," Yoreh Dei'ah, 4:13

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RELIGIOUS ZIONISM IN ACTION:
New Settlements

by Nissim Swed

If you think that the era of new settlements has passed, you are wrong. New settlements are being established right now. For example, Chemdat is a religious communal settlement in the Jordan Valley, which has just been established at the site of a Nachal outpost, which was transferred to a civilian group. This joins two other established religious settlements in the north of the Jordan Valley, Kefar Mechola and Shadmot Mechola. Chemdat is unique in its relatively young population. According to Yonatan, a member of the secretariat, "the attraction of a place like this is that we are still in the midst of setting its character. Every new member who joins us can contribute in fashioning the community. It is a true work of creation."

At the site are an army prep school, a synagogue, and a mikveh. Other services are available at settlements nearby. More details are available by phone:
Yonatan, 02-9944659, or the secretariat, 02-9944604.

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Special Note:

Zomet has recently concluded development of a new model "Shabbatphone" which has undergone major improvements, both technically and functionally.

As opposed to previous models, the new "Shabbatphone" operates only off the phone line and does not have to be plugged into an electrical outlet. The new phone is also $50 cheaper than previous models, in line with our constant attempts to make techo-halachic systems available as widely as possible.

The "Shabbatphone" is intended for use by health professionals and others involved in vital public health and public welfare endeavors. For further information, contact Zomet by e-mail, fax, or phone, zomet@netvision.net.il Or: Phone: +972-2-9931442; FAX: +972-2-9931889

Shabbat-B'Shabbato 5758 Archives

Contact Zomet with comments about this bulletin or questions on the link between modern technology and halachah at: zomet@netvision.net.il Or: Phone: +972-2-9931442; FAX: +972-2-9931889 (Attention: Ezra Rosenfeld)

SHABBAT-ZOMET is an extract from SHABBAT-B'SHABBATO, a weekly bulletin distributed free of charge in hundreds of synagogues in Israel. It is published by the Zomet Institute of Alon Shevut, Israel, under the auspices of the National Religious Party.

Translated by: Moshe Goldberg

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