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ספר דבריםספר במדברספר ויקראספר שמותספר בראשית
לע"נ אריאל יהודה ז״ל
בן ר׳ פינחס צבי נ״יקליין
נלב''ע י״ז תמוז תשע''ח
Please daven for הב' אברהם יוסף אריה
בן רוחמה אילה נ"י לרפואה שלימה בתוך חולי ישראללע''נ ר' מרדכי בן
ר' שלום ז''ל
נלב''ע ט''ו סיון תשס''בלע''נ ר' בנימין בן ר' מאיר דוד ז''ל
נלב''ע ב׳ אדר תשע''ז
לע"נ ר' יקותיאל זלמן נאה ז''ל בן ר' חנניה יו''ט ליפא הי''ד
נלב''ע ט''ז אדר תשע''ז לע"נ מרת טויבא רחל נאה ע''ה
בת ר' שמואל שמעלקא הי''דנלב''ע כ''ה מנחם אב תשע''ז
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Rabbi Jeremy GolkerHead of Kodesh, Hasmonean High School
It is our Way of LifeSefer Vayikra is a book of two halves, with
an abrupt change taking place in the middle of our sedra, Achrei
Mos.
The first seventeen chapters of Sefer Vayikra all relate to the
Mishkan. They covers topics such as korbonos, rules of kohanim,
tumah and taharah, the dedication ceremony of the Mishkan and the
avodah of the Kohen Gadol on Yom Kippur.
Then, halfway in to our sedra, from chapter 18 onwards, Sefer
Vayikra deals with a litany of miscellaneous topics starting with
prohibited relationships and then kedoshim tihiyu, moving to
shemittah, erechin vows and much in between.
Notably, the phrase “Ani Hashem Elokeichem” appears over fifty
times from chapter eighteen onwards and only once in the first
seventeen chapters of Vayikra.
Rav Menachem Leibtag offers the following, wonderful
explanation.
Some people may mistakenly think that the Shechina, the Divine
Presence of Hashem, is limited to the Mishkan, Beis HaMikdash or
even just our own shuls or Botei Medrash. This is simply
untrue.
Hashem’s Presence and message must be disseminated into everyday
life. Judaism is 24/7, 365 days a year. Judaism
is less of a theology and more of a way of life.
To convey this idea, the phrase “Ani Hashem Elokeichem” is not
needed in the first half of Sefer Vayikra as that primarily deals
with the Mishkan. Even the one time it does appear in the first
seventeen chapters of Vayikra, it is in relation to Kashrus and not
the Mishkan per se.
But when Sefer Vayikra moves on to cover a host of miscellaneous
topics, the phrase “Ani Hashem Elokeichem” needs to repeated over
and over to remind us to bring Hashem in to every aspect of our
lives.
This is a message we need to convey and model to our children
and students. To live a life of Torah, recognising that Hashem’s
Presence goes beyond the walls of shul or school, and adhere
carefully to Halacha which demonstrates that Hakodosh Boruch Hu is
wholly integrated in to our daily lives. M
ם תכ
אה'
ד פק
ד יפק
Issu
e
250 ח' אייר תש"פאחרי מות - קדושים
2nd May 2020
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KedushaWholiness with a W
We are all familiar with the Ramban of how one can be a menuval
birshus haTorah. The purpose of kedusha is to elevate not to just
“keep mitzvos”, “be kosher” but to truly be kodosh.
However what is ultimate kedusha?It is interesting to observe
how
Shabbos – with its tremendous kedusha has so much gashmiyus and
oneg in it. A student of mine once commented – how is it that the
Jews, on their most spiritual day, engage in so much materialism?
Surely we should fast, not speak and separate from our families on
this holy day?
It is interesting to note that Avraham Avinu was not mechadeish
spirituality there were other spiritual paths prior to him. However
his chiddush to the world was that Hashem wants us to find
spirituality within the mundane.
This is a dangerous path. Rabbi Shimshon Pincus once noted, that
he wished he could be spiritual like other religions. It’s so much
easier! Live on top of a mountain, don’t get married, don’t speak,
don’t eat.
We as yidden are put on the tightrope of life. Eat – but only
eat kosher. Speak – but no loshon hora – Marry – but act in an
elevated way.
The goal is actually not holiness with an H – rather with a W –
wholiness –wholesomeness – with spirituality in the driving seat –
and materialism a passenger. And that is what is so hard.
The Ramchal in Derech Hashem explains that the ultimate Olam
Habboh is the guf and the neshama together because that is ultimate
kedushah – but instead of being a menuval birshus haTorah – with
the guf in the driving seat – our job is to put spirituality first
and let the guf come along for the ride.
As we read “kedoshim tihyu”, we almost wish it would be easy to
separate from the world. The hard job – which is rewarding - is to
take the cup of wine on
Friday night and be mekadesh – elevate – to another level. That
is kedusha; that is our job.
This is the idea why during kiddushin we take a cup of wine; we
take something materialistic like relationships and elevate and
then elevate again. Sometimes it feels like it would be easier to
completely disengage – but that is actually a yetzer hora. We are
supposed to serve Hashem “bechol levovchoh – i.e. bishnei
yitzrecha” – to take all the passion of the yetzer hora, and to
straddle the tightrope of this world, and engage and elevate.
“Kedoshim tihyu”. M
Oneg Shabbos Issue 250 2
Rabbi Benjy MorganExecutive Director, JLE
For questions on Divrei Torah, please email the editor Rabbi
Yonasan Roodyn at [email protected]
To receive this via email please email
[email protected]
To suggest an idea or a response to the ideas exchange please
email [email protected]
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Judging Favourably
לֹא־ַתֲעׂשּו ָעֶול ַּבִּמְׁשָּפט לֹא־ִתָּׂשא ְפֵני־ָדל ְולֹא
ֶתְהַּדר ְּפֵני ָגדֹול ְּבֶצֶדק ִּתְׁשּפֹט ֲעִמיֶתָךYou shall judge
your colleague with righteousness. (Vayikra 19:5)
Judge your colleague with righteousness. This is to be
understood literally (referring to judging a court case). Also,
judge your friend favourably. ( Rashi ibid, citing Gemara Shevuos
30a)
This means that if there’s someone who you do not know and you
see them doing something which is ambiguous, such that it can
be explained either as a good action or a bad action, due to
middas chassidus, you should explain it positively and not
negatively....But if you know that the person is righteous, you
have to judge him favourably even if the situation looks negative
(Rambam Pirkei Avos 1:6).
A Torah Sage should judge everyone in a good light, speak
favourably of his fellow man, [never mentioning] anything that is
shameful to him, love peace and pursue it. (Rambam Hilchos De’os
5:7)
As Rashi on the pasuk writes, citing the Gemara in Shevuos 30a,
and as the Rambam in his Sefer Hamitzvos writes (#177), our pasuk
obligates two things. Firstly, it obligates a Beis Din not to
favour one of the parties (e.g. by instructing one to stand during
testimony and the other to sit, or allotting a speaking
time-restriction to only one of the litigants). And second, this
pasuk obligates everyone to judge their fellow man favourably.
As the Chofetz Chaim notes, given that this is a positive
mitzvah, it is odd that the Rambam in his commentary on Pirkei Avos
(1:6) and Hilchos De’os presents the mitzvah as a middas chassidus
- something over and above the letter of the law, and something
expected only of Torah scholars. Why does he not write that it
is an absolute obligation for every one of us?
The answer is that there is a difference between judging someone
you know to be a good person and someone who you don’t know. The
mitzvah of judging favourably is limited to someone you know to be
good - your friend as the Gemara says. Whilst the mitzvah does not
technically apply when it comes to someone you don’t know (since
you do not know if they generally perform mitzvos or sins), only
the middas chassidus element exists in such a case. This is based
on the pasuk’s word your friend (amisecha) which we normally
understand to mean ‘someone who keeps mitzvos like you do.’
Therefore the Rambam is recording both parts of the mitzvah: when
it applies according to the strict letter of the law and when it is
beyond baseline halacha.
There is however, a third level. As the Rambam writes, when it
comes to a
tzadik you have to interpret his actions favourably even if the
odds are stacked against him; even if it looks like he has done
something negative.
These three levels can be seen in the Mishnah in Avos when read
in totality: “make for yourself a Rabbi, acquire a friend and judge
everyone favourably”. Making a Rabbi refers to your obligation to
continuously make your Rabbi into a Rabbi; keep judging his actions
as worthy of a Rabbi. Next is acquire a friend: this means judging
their normal actions favourably (as long as it is reasonable). The
language of kinyan (acquisition) is used for there is a form of
transaction or barter here you need to judge them favourably to
keep up the friendship; it is a give and take. And finally judge
everyone favourably refers to those who you do not know: the word
judge is used to show that we are within our rights to take into
account the logic of a judge using the majority, evaluative
methods, and other such calculations. M
HaRav Zvi KushilevskyRosh Yeshivah YeshivasHeichal
HaTorahAdapted by Rabbi Daniel Fine
2 May 2019 ח' אייר תש"פ פרשת אחרי מות-קדושים 3
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Secrets Worth Revealingthere is a joke from soviet russia
about
a man who comes to the border with a wheelbarrow full of dirt.
Eyeing the strange contents suspiciously, the border guard orders
the man to dig through the dirt to prove that he is not smuggling
anything within it. But alas, all he finds is dirt, and so he lets
the man pass. The next day the same man arrives with another
wheelbarrow of dirt. Not to be outsmarted, the border guard again
orders that the man reveal the contents of the dirt, only to find
again that nothing has been hidden. After a week of successful
border crossings, the guard exclaims to the man, “What could you
possibly be doing with that dirt? If you tell me what you’re really
up to, I promise you I will continue to let you pass!” Answers the
man calmly, “Sir, all this time you’ve been looking for something
hidden in the dirt. But I’m in the business of smuggling
wheelbarrows.”
One does not need to look hard to find the smuggled wheelbarrows
amongst the words of the Torah. In every parsha there lurks some
not-so-subtle reference to a concept that defies any simple
understanding and reminds us that there are indeed many layers to
the interpretation of the text. One such example hides in plain
sight in Parshas Acharei Mos, with the opaque reference to the
se’ir l’Azazel. No need to open the Arizal to look for the mystical
interpretation here; rather, turn to the pashtan par excellence,
the Ibn Ezra, who tells us that contained herein is a secret of the
Torah, only a fraction of which can actually be revealed.
The Ramban quotes this Ibn Ezra and then adds the following
statement: “Rabbi Avraham (the Ibn Ezra) was a trusted soul to
conceal the matter, but I the talebearer will reveal the secret as
our sages of blessed memory have already revealed it in several
places.” He then goes on to describe the nature of the Azazel and
what it means to offer tribute, so to speak, to the yetzer hara to
prevent it from interfering with our teshuvah on Yom Kippur.
Those who wish to delve into the meaning of the Ramban’s cryptic
interpretation are welcome to do so. But perhaps a more accessible,
and yet equally fascinating, subject is the debate amongst our
greatest commentaries of whether or not to reveal the secrets
contained within the Torah. What possessed the Ibn Ezra to withhold
the explanation of the Azazel? And on which point exactly did the
Ramban differ in choosing to divulge it? This question has been
formulated in various forms over the millennia, and the responses
have been enlightening.
We are reminded of an encounter in the Rambam’s Hilchos
Teshuvah, where in the fifth perek he raises the infamous dilemma
of how it’s possible for people to possess free will if
Hashem knows everything before it transpires. His solution is
simply that Hashem’s knowledge is not like our knowledge, and that
the answer to this question is beyond our ability to understand,
but we should know that both propositions can be true at the same
time. This response arouses the wrath of the Ra’av”d, who takes the
Rambam to task for raising questions that can challenge our emunah
without providing a satisfactory answer. Better, he says, to leave
it simple and unstated than to create doubts in people’s
hearts.
But Rabbi Yosef Karo in the Kesef Mishna defends him, saying
“perhaps our teacher intended that if some person were ever
bothered by this question, it would severely disturb his mind, and
so [the Rambam] framed that issue such that the very nature of this
question defies an answer, because we do not possess the ability to
understand Hashem’s knowledge of the world.” In other words,
perhaps by revealing what we don’t know, that gives us permission
to accept that there are unanswerable questions without it posing a
threat to our emunah.
The Maharal presents another insightful perspective regarding
the revealing of Torah secrets. Towards the beginning of his sefer
Gur Aryeh, he pens a lengthy description of the meaning behind
Hashem’s slaughtering the female leviasan, the strange water
creature found in Bereishis. As a preface he gives a cause for
wanting to write on such an esoteric subject: “Since Rashi brought
this Midrash in his commentary, and many people have never seen the
light of wisdom, it has disturbed them, and they have not known the
paths of wisdom, because if they did, they would be in wonderment
and astonishment at such an awesome thing — how Hashem placed
wisdom and understanding such as this in the hearts of the sages,
and they would say “Blessed is He who apportioned from His wisdom
to those who fear Him!” Here the Maharal is defending his exegesis,
saying that if he does not shed some light onto how brilliant these
mystical ideas are, people will instead come to think that they
are, G-d forbid, silly or stupid.
A third instance highlighting this debate comes from the Gemara
itself, in Megillah 3b, when Yonason ben Uzziel causes the earth to
shake because of his translation of the third section of Tanach,
Kesuvim. A bas kol emanates from heaven, asking “Who is this that
has revealed My secrets to human beings?” Yonason ben Uzziel’s
answer is astounding: “It is revealed and known before
You that it is not for my honour, nor for the honour of my
father’s house, but for Your honour I have done this, so that
machlokis should not increase within Yisroel.” His honest answer is
that although there may be some negative consequences in revealing
that which Hashem has intentionally kept hidden, nonetheless the
overriding need for shalom has necessitated that such secrets be
revealed, so that people do not continue to argue in matters in
which they were previously ignorant.
So what, then, was the motivation for the Ramban to reveal the
secrets of the Azazel? Was it to show us the wisdom of the Torah
and its sages, or perhaps to create a peaceable consensus in how to
understand the pasuk? He neglects to say. What we do know, however,
is that the Ramban himself was well familiar with the dangers of
misinterpreting Torah secrets. In the introduction to his
commentary on the Chumash, he writes that although he often
provides the kabbalistic interpretations, those who are not
initiated to its wisdom should skip over them. He then cautions
that the misinterpretation of these ideas can lead to incredibly
harmful and damaging results.
Perhaps there is more than one way to approach these revealed
secrets of the Torah. For those who can truly understand their
deeper meaning, it will no doubt bring them to greater levels of
avodas Hashem and simchah in Talmud Torah. For the rest of us who
cannot, we may simply look on in wonder and awe at the complexity
and profundity of Torah, and use these glimpses of the great beyond
as a motivator to strive ever higher in understanding the wisdom
contained in our most precious of national treasures, the Torah of
Moshe Rabbeinu. M
Rabbi Moshe FriedmanForum for Jewish Leadership
Oneg Shabbos Issue 250 4
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KedushaWhat is it anyway?
I must admit that I am a traditionalist; I am not one for
sequels, modern adaptations or anything that veers from the
original intentions of an author. I find it much like someone
offering a revisionist reading of a Tube map, claiming that the
author meant something completely different and encoded a message
into the Tube stations names! Similarly, I tend to be quite wary
when a modern spin is hoisted onto a Torah text – pretending that
the text was written to solve a very contemporary issue (sometimes
so contemporary that it will be irrelevant in a decade’s time
anyway). However, when the former mashgiach of the Mir Yeshiva, Rav
Shlomo Wolbe, says something that also resonates with the modern
ear, then one can be assured that it is of true Torah content!
The question is how do we define kedusha? For the opening
instruction of the parsha is Kedoshim tihiyu – you shall/should be
holy. Rashi comments that the people were especially gathered in
full in order to hear this most critical message. But what is
kedusha? Well, this seems to be subject to dispute. Rashi writes
that it refers to avoiding illicit relations, whilst the Ramban
writes that it refers to refraining from – even overindulging in -
permitted physical pleasures like overeating. The Sforno says it
follows on from the appellation in last week’s parsha that we are
to be a holy nation, and refers to actions that grant us a stake in
the Next World.
Yet what is clear is that the word or concept of kedusha seems
unclear! Why did Hashem not provide a clear definition of the word?
And, as the Sifsei Chachamim asks, why is this THE critical parsha
according to Rashi?
Rav Wolbe writes that kedusha means self-awareness. Kedusha
means knowing who one is and where one is holding, what spiritual
level one is at and an acute understanding of one’s current
standing and ambition. Kedusha means not fooling oneself and
knowing one’s capabilities, boundaries, limits and essence. These
are the root causes of the explanations of Rashi and the Ramban
above. And this is perhaps why the Torah never put a clear
definition on kedusha – it is not an all-encompassing objective
definition, it is
to be assimilated into each and every individual.
So why is it so important? Because any element of real growth is
predicated upon self-awareness. With no understanding of self,
there can be no genuine change, development or improvement. And any
change that does happen will fade away sooner rather than later. If
mitzvos are to mould a person, the person needs to understand
themselves first. That is what kedusha is and why it is so
important. M
Rabbi Daniel FineCommunity Rabbi, Stanmore and Canons Park US;
Hasmonean Beis Programme
Thank you to Rebbes & TeachersWhen a 12-year-old girl was
struggling with her maths homework during the lockdown, she emailed
her teacher for help. Rather than just an email back, he actually
came over to her house with a white board, and taught her through
the window! We need to appreciate all the teachers right now, like
Mr Waba, who are continuing to work during these tricky times.
2 May 2019 ח' אייר תש"פ פרשת אחרי מות-קדושים 5
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KedushaA Personal Mitzvah that Needs the Community
“And G-d spoke to Moses saying: ‘Speak to the entire Community
of Israel and tell them You must be Holy, for I the L-rd your G-d
am Holy.’” (Vayikra 19:1-2)
The Medrash comments that this pasuk was said ‘be’hakhel’,
namely, it was said to all the Jewish people together. In contrast,
most of the Torah was taught to Moshe, who taught it to Aharon, who
taught to Aharon’s sons, who taught to the Elders etc etc. However,
Moshe taught this parsha in everyone’s presence.
Why is this parsha different? The Medrash answers: because most
of the fundamentals of Torah are dependent on this parsha of
“kedoshim tiheyu — you shall be holy.”
The simple interpretation of this Medrash is that, since there
are so many important laws that are contained in this parsha, it
was said in the presence of everyone.
However, perhaps the Medrash means something else. Perhaps it
means that the specific mitzvah of ‘you shall be holy’ is so
important and has so many of the fundamentals of Torah dependent
upon it, that this mitzvah itself was given publicly.
According to the Ramban, this mitzvah teaches us how to live and
act as Jews. The Ramban explains that if not for this mitzvah, a
person could conceivably be a “naval birshus haTorah,” meaning he
could be an observant Jew, and simultaneously a glutton. He could
live an obscene life within the parameters of the Torah. He could
eat as much as he wants, he could indulge in all the physical
pleasures of life - and it might all be ‘glatt kosher.’
If not for this mitzvah, such a person could be called a tzaddik
[righteous person]. However, the Torah says, “you shall be
holy”—you must abstain. You must act with restraint, with holiness.
Do not indulge. Do not be a glutton. That is the mitzvah of
‘kedoshim tiheyu’. It is so
vital that it had to be said to the entire nation together.
The Shemen HaTov explains that a person cannot be holy unto
himself. Even though it is an individual mitzvah, the individual
needs the help of society. If someone lives in a society that is
indulgent, it becomes very difficult for that individual to remain
a kadosh [holy person].
In order to achieve “you shall be holy,” the cooperation of a
person’s family, city and nation are required. The parsha needed to
be given to everyone together. When everyone is involved in
conspicuous indulgence, it becomes almost impossible for an
individual to act with restraint.
We see this very clearly in the society in which we live today.
Rampant hedonism surrounds us, where people instantly gratify their
every whim and wish. We live in a society that does not know about
kedusha [holiness]. The only way we can personally achieve this
mitzvah of “you shall be holy,” is if we not only work on
ourselves, but we elevate those around us and try to live
among people who also share the ideal of ‘kedoshim tiheyu’.
It must begin with the individual. As the Chassidic Rebbe Reb
Bunim is quoted as having said, when he was young he thought he
could change the world. As he got older, he saw he could not change
the entire world, but at least he could change his city. As time
went on, he saw that even changing his city was beyond his grasp,
but he said, “I will at least change my neighbourhood.” When he saw
that this was not working, he said, “I’ll at least try to change my
family.” When he saw that this failed as well, he said, “I will
need to try to only change myself.”
However, once he succeeded in changing himself, then he saw that
his family was different, his neighbourhood was different, his city
was different, and in a sense the entire world was different.
When working on this mitzvah of ‘kedoshim tiheyu’, we cannot go
it alone. We need to work on ourselves, and then our families, and
then our neighbourhoods, and then our societies. M
Rabbi Yissocher FrandRosh Yeshiva,Ner Yisrael Baltimore
Oneg Shabbos Issue 250 6
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365
Notes
Thank
You
This well known fable has been told in several different
versions and it contains an important message:
A blind man sat on the steps of a building with a hat by his
feet. He held up a sign which read, “I am blind, please help.”
There were only a few coins in the hat – spare change from
people as they hurried past. A man was walking by. He took a few
coins from his pocket and dropped them into the hat. He then took
the sign, turned it around, and wrote some words. Then he put the
sign back in the beggar’s hand so that everyone who walked by would
see the new words. Soon the hat began to fill up. A lot more people
were giving money to the blind man.
That afternoon, the man who had changed the sign returned to see
how things were. The beggar recognized his footsteps and asked,
“Were you the one who changed my sign this morning? What did you
write?” The man said, “I only wrote the truth. I said what you said
but in a different way. I wrote, ‘Today is a beautiful day, but I
cannot see it’.”
Both signs spoke the truth. But the first sign simply said the
man was blind, while the second sign connected emotionally by
conveying to everyone walking by how grateful they should be that
they can see.
There is an inspirational book written by John Kralik called ‘A
Simple Act of Gratitude’. John describes his life as a disaster. He
was depressed, broke, overweight, and on his second divorce living
in a miserable apartment in LA with no air conditioning. He was an
attorney but he couldn’t afford to pay his employees their
end-of-year bonuses because his clients weren’t paying their bills
on time, and sometimes they weren’t paying them at all! So what
happened?
In his own words: ‘In December 2007, I had reached what I viewed
as a nadir in my life. While my life seemed full of debts and
disasters, I ached for the things and the security I felt I
deserved. On January 1, 2008, as this dissatisfaction pervaded my
thoughts, I took a walk in the mountains above Pasadena, where I
was inspired to write one thank you note a day for the next
year.
‘Although it took more than a year to complete the writing of
365 thank-you notes, I continued writing them until 365 were
completed. And then I kept on. I learned to be grateful for the
life I had, recognizing that the love I had for my children made my
life already richer than the many people I envied. I learned to be
grateful for my law firm, my practice, and for the love of friends
and family that surrounded me. I became thankful for the many
people around me who dealt with challenges far greater than the
ones facing me, with courage and style. I learned to recognize the
many people in my life who had protected and cared for me’.
We need to learn to make gratitude the mainstay of our life and
we can only do that if we are able to recognize what we have and
then practice, daily, expressing it. And in fact, we have the
perfect opportunity to do so in our daily prayers. The modim or
thanksgiving blessing is often rushed through without thought. It’s
near the end of the amida, so it would take quite a significant
achievement to still be focused on what we are saying by that point
(!); but nevertheless if we can think of one new thing to be
grateful for every time we say the blessing (and as everything we
have is a gift from Him, we should be able to find something!), we
will notice a profound change in how we view our life.
And if we can then take the next stage and convey to the people
around us, daily, our gratitude, either verbally or preferably in a
written form, the appreciation we unearth will lead to a real, deep
and lasting joy. M
Rabbi Menachem SalasnikDirector, Journey to Better Speech
2 May 2019 ח' אייר תש"פ פרשת אחרי מות-קדושים 7
-
Restoring the primacy of Choshen MishpatUnder the auspices of
Harav Chaim Kohn שליט"א
Provided by Business Halacha Institute. The BHI is a non-profit
organization based in New York that educates and guides people in
up to date applications of monetary halacha. For more information
or to browse the BHI archives, visit www.businesshalacha.com
Restoring the primacy of Choshen MishpatUnder the auspices of
Harav Chaim Kohn שליט"א
Provided by Business Halacha Institute. The BHI is a non-profit
organization based in New York that educates and guides people in
up to date applications of monetary halacha. For more information
or to browse the BHI archives, visit www.businesshalacha.com
Rabbi Meir OrlianHalachah Writer, BHI
SUB-STANDARD WORKMr. Schwartz worked as a subcontractor. He was
in the midst of a home renovation project and hired a young local
plumber, Mr. Green, to install the bathtub and sink in the
bathroom.Mr. Green came one afternoon and worked for a number of
hours, installing the bathtub and sink. He left a bill for Mr.
Schwartz.The following morning, the project supervisor came by to
check the progress of the renovation. "I had the bathtub and sink
installed yesterday," Mr. Schwartz said. "I got one of the local
plumbers to do it.""Let's have a look," said the supervisor. "I
hope he did a good job."The two went to the bathroom. When the
supervisor saw the work, he was furious. "What kind of work is
this?!?" he exclaimed. "The sink is not centred properly, and the
bathtub is not sitting straight. The sealant also looks like it was
applied by an amateur.""I'll call him back to fix it," said Mr.
Schwartz."No way," said the project manager. "Everything has to be
redone completely! Whoever you got, I don't trust him. Tell him
that everything has to be redone and get someone else!"Mr. Schwartz
called Mr. Green and sadly notified him that the supervisor
insisted that the work be redone by someone else."That's up to
him," said Mr. Green. "I left a bill for my work yesterday.""Why
should I pay you?" said Mr. Schwartz. "Your work was shoddy and has
to be redone completely. I gained nothing from it!""Nonetheless,"
argued Mr. Green, "I invested time and effort installing the tub
and sink. Why shouldn’t I be paid?""It’s not my problem that you
did sub-standard work," replied Mr. Schwartz.The two came before
Rabbi Dayan. Mr. Schwartz asked:"Am I required to pay Mr. Green for
his work?""A professional who is hired for a certain task, must do
so in an acceptable manner," replied Rabbi Dayan.
"Otherwise, the employer is required to pay only if, and what he
benefited from the work" (Nesivos 335:3)."For example, the Gemara
(Gittin 54b) teaches that a sofer who was hired to write a Sefer
Torah but did not write G-d’s Name with the required intent, so
that the Sefer Torah is unusable, is not entitled to his wages.
Nonetheless, if the scroll is usable as a Chumash to learn from, he
is entitled to wages as for writing a Chumash" (Y.D.
281:5).Similarly, a paid guardian who did not guard properly and
the item was lost, even in situations that he is not liable, loses
his wages, since he did not perform his task properly (Ketzos
227:11, 305:2).On the other hand, the Gemara (B.K. 116a) states
that someone who was hired to rescue a drowning animal, even if he
did not succeed, is entitled to his wages for his efforts. In that
case, though, it is known that the outcome is in question, and the
payment is for the effort, so long as the rescuer acted properly.
Here, however, the expectation is clearly for a job properly done,
and the worker was negligent (C.M. 264:4; Sma 264:11; Pischei
Teshuvah 264:1).When the contract does not stipulate a certain
standard of work, it depends on whether such work is considered
acceptable according to common industry standards. If the work is
within standards but the employer decides to redo the work,
nonetheless, because he wants a high standard, he cannot refuse to
pay."Thus, if the work was truly substandard, Mr. Schwartz is not
required to pay," concluded Rabbi Dayan. "If there is a dispute
between the employer and worker whether such work is acceptable or
not, it is like any other claim, that hamotzi meichaveiro alav
hare’ayah (Nesivos Sachir 30:12).Verdict: If the work is not
considered acceptable by industry standards and has to be redone,
the employer is not required to pay the professional.
Oneg Shabbos Issue 250 88
This page is sponsored by nextgenrealestate.co.uk לע''נ אריאל
יהודה ז''ל בן ר' פינחס צבי נ''י קליין
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Shemiras Haloshon
The Chofetz Chaim Heritage Foundation
Reviewed by Rabbi Moshe Mordechai Lowy. For discussion only;
actual halachic decisions should be made by a rav or halachic
expert on a case-by-
case basis.
Food for
Thought
to Spark
Conversation
9
GOOD TIMES ARE COMING
Do you know the feeling of utter relief that you are going to
have when your situation is finally resolved? Bitachon merely means
having that same feeling now.
We know that bitachon is a powerful tool. There is a famous
expression in Yiddish:‘tracht gut vet zein gut’ – when you think
positively, you manifest positive results.
When somebody writes you a cheque and you hold it in your hand,
there is a certain sense of relief that you were paid. Even though
this may not be the reality, as they could always cancel the cheque
or the cheque could bounce, there is a certain sense of security
when you are holding that cheque. You feel that you can relax; now
you were paid.
We all have souvenirs to remind us of a time in the past. There
is also the idea of a souvenir to remind you of a time that is
coming in the future.
We have to have faith. We have to have trust that those good
times are coming. When we invest in a tangible souvenir to remind
us of the good times that will come in the future, showing how
secure we feel in Hashem’s hands and how much trust we have that He
will take care of us, then that itself brings us to those good
times.
516.668.3725meaningfulminute.org@meaningfulminute I don't
want to hear !
Someone is speaking loshon hora to you. You didn’t start it and
you’re not adding to it, but still, you’re hearing it. What should
you do?
The DilemmaAn old classmate finds you at a wedding and starts
telling you about the many business failures of someone who
graduated with you. His story is clearly geared to describing how
inept the person is, rather than soliciting help for him or some
other positive purpose. How should you respond?
The HalachaWe are required to stop someone who is speaking
loshon hora and let him know that he is doing something improper.
This is true, even if he will be angry and say something that
embarrasses us. If possible, we should rebuke the person in
private, and always in a respectful and understanding way. Rebuke
is not the proper response, however, if as a result the other
person is likely to redouble his loshon hora.Sefer Chofetz Chaim,
Hilchos Loshon Hora 6:5.
9
Rabbi Shais Taub
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Daf YomiWEEKLY
‘You shall be holy…’
(Vayikra 19:1)
Holy? How?!?
The Chasam Sofer points out something fascinating about this
command.
Hashem commanded Moshe to state this verse in front of ‘the
entire congregation’ (19:2), teaching us that in order to attain
true holiness, we must sanctify ourselves by behaving properly with
those around us!
The parsha Kedoshim, which commands us to ‘be holy’, also
contains many of the mitzvos that guide us on how we should behave
with other people. It includes prohibitions such as not gossiping,
not harbouring hatred, and even against offering people harmful
advice.
It is this very parsha, that spells out the famous obligation to
‘love your fellow as you love yourself’ (Vayikra 19:18), an
obligation that is so poignant, that when asked by a gentile to
describe the whole Torah whilst standing on one foot, this is what
Hillel chose to highlight.
To love people as much as we love ourselves sounds very
difficult to achieve; we may even question if it is fully possible?
But the very fact that Hashem the Creator commands this of us,
means that this is attainable. A manufacturer knows what his
products are capable of!
It is a mitzva that takes work, and the first step towards
success is to accept that yes, we are able to achieve this!
In addition to knowing his products well, a manufacturer does
not create a product without an instruction manual. By following
the Torah’s clear guidance in relationships between people, we are
provided with explicit methodology as to how to reach our goal:
avoiding the negative acts such as taking revenge, verbal attacks,
causing embarrassment and others (some of which are mentioned
above). And on the flipside, working on the positive acts listed in
the Torah, such as giving charity, visiting the sick, and many
more.
Through these prescribed actions, we carve a distinct pathway,
towards loving and treating others as we would want to be
treated.
‘You shall be holy…’ (19:1) Holy? How?!
Working on our interpersonal relationships is a great place to
start.
Brought to you by
שבת נ"ז
HALACHAHHighlightMAY WOMEN NOWDAYS GO OUT WEARING JEWELRY ON
SHABBOS IN PLACES WHERE THERE IS NO ERUV?במה אשה יוצאה? ובמה אינה
יוצאה? ... ולא בטבעת שאין עליה חותם, ולא במחט שאינה נקובה. אם
יצאת
–אינה חייבת חטאת. - נז.With which accessories may a woman go
outside on Shabbos, and with which accessories may a woman
not go out on Shabbos? …She may not go out wearing a ring
without a signet, nor may she go out with a non-pierced needle. If
she did go out with these, she is not obligated to bring a chattas
offering. 57a
Rashi1 explains that the reason why a woman who did go out
wearing these items would not be obligated to bring a chattas
offering is that this interdiction is in fact a Rabbinic
injunction. The Rabbis were concerned that if a woman were to go
out with any of these, there exists the possibility that upon
meeting a friend she would remove the accessory to display it to
her friend and then proceed to carry the item in the public domain,
thereby transgressing a Torah-level prohibition. Thus, the Rabbis
forbade wearing these items out into the public domain on
Shabbos.
Although the Mishnah here clearly prohibits women from wearing
jewellery into the public domain on Shabbos if it may be shown to
others, it is documented that at least from the Gaonic period and
onward, it has been the custom of women to wear ornaments when
going out into the public domain on Shabbos, even where no Eruv
exists. The discussion of this custom has been the centre of much
attention in the writings of Halachik masters through the ages and
until our days.
Rabeinu Tam2 rules in accordance with the opinion3 that this
Rabbinic enactment was limited to wearing the items into a public
domain, from which he derives that to enter a carmelis (a domain
that does not fit the conditions of either a public domain or a
private domain) would be permitted. Thus, today, says Rabeinu Tam,
when our streets cannot be categorized as true public domains -
being that 600,000 people do not travel over them in the course of
the day, nor are they 16 amos wide [see Daf Digest Shabbos 6] - our
public thoroughfares would have the status of a carmelis. If so,
effectively it would be permitted for women to wear their jewellery
out into the public domains of the period. This view is challenged
from different quarters4.
Some authorities5 state that indeed wearing these items into
even a carmelis would be forbidden. However, it was the assessment
of the Rabbis that if the women would be reprimanded on this score,
they would ignore the rebuke. As such, מוטב שיהיו שוגגין, ואל יהיו
מזידין (it is preferable that they act without intention, than that
they be aware and act deliberately). [See Daf Digest Shabbos
55].
Other authorities6 posit that women today are not accustomed to
removing their jewellery to exhibit it to their friends. Some
explain7 that this is a function of the women of the time being
generally more sophisticated, and thus not inclined to removing
jewellery in public. Others8 add that this decree was not
unconditional and unchanging, rather it was meant to be applied
only to the situation of the day when women had a tendency to
remove and display jewellery publicly. However, provision was made
for times when women would not display their jewellery, as which
time the decree would not apply.
The Shulchan Aruch9 and Rema10 reference most of the
above-mentioned cogitations, without appearing to render a final
determination. Rav Yechiel Michal Epstein11 writes at length to
support the custom of women to wear jewellery publicly on Shabbos.
He explains that the women of the Talmudic period usually did not
venture from their homes, and even when they did, they enwrapped
themselves fully. Moreover, they did not generally go to the
synagogue. Therefore, they only saw each other infrequently. Under
these conditions, there was concern that if they would come across
each other in the streets, maybe they would remove and display
their jewellery. However, in the present, women do frequently leave
their homes. Also, they encounter one another regularly, whether it
is in each others’ homes, or in the synagogue. As such, they do not
typically remove and show their jewellery in the streets.
It is clear from Rav Epstein’s words12 that he views this as
satisfying reasoning to permit the wearing of jewellery out into
the public domain. Indeed, some contemporary Poskim13 rule
similarly. However, several Poskim14 appear to view these as
attempts to justify the common practice, but not as true halachic
reasoning. As such, they seem to opine that preferably a woman
should avoid wearing this type of jewellery out on Shabbos15.
1 רש”י כאן (ד”ה במה אשה וכן ד”ה ואם יצאת) עי’ לקמן נט ע”ב. 2
שיטת ר”ת בתוס’ לקמן (סד ע”ב ד”ה רבי ענני) [עי’ ספר הישר (סי’ דר).]
והשווה לשיטת רבינו ברוך בעל ס’ התרומה (סי’ רמ) והוב”ד בתוס’ (סד ע”ב
ד”ה רבי ענני) ועוד. 3 רבי ענני בר
ששון משמיה דרבי ישמעאל ברבי יוסי לקמן בדף סד ע”ב 4 עי’ בתוס’ שם
וכן ברא”ש (פ”ו סי’ יג.) ועי’ בריטב”א (סד ע”ב ד”ה רב עניני) 5 עי’
ברא”ש (פ”ו ס”ס יג) בשם ר”ת, וכן סיים התוס’ שם, ועי’ בר”ן (דף כו ע”א
בדפי הרי”ף סוד”ה אבל קשה,) וכן ראה
בריטב”א (סד ע”ב ד”ה רב עניני) וכן באור זרוע (סי’ פד) בשם ה”ר
יוסף בתוספותיו. וכן בארחות חיים (הל’ שבת סי’ רסא) בשם רבי דוד בר
לוי. ועי’ ברבינו ירוחם (ספר אדם נתיב יב חי”א, דף פא ע”ד) בשם ר”ת.
ועוד. 6 רב שר שלום גאון הוב”ד בתוס’ (סד ע”ב ד”ה רבי ענני.) [עי’ בס’
תשובות רב שר שלום גאון (סי’ כט וסי’ ל].) 7 ס’ יראים (סי’ רעד, דף
קמח סוע”ב) ובס’ הרוקח (סי’
ק) ובס’ שבלי הלקט (סי’ קו, דף לח ע”א) בשם ס’ יראים. ועי’ בס’
ארחות חיים (הל’ שבת סי’ רסא.) ועוד. 8 ריטב”א (סד ע”ב ד”ה רב עניני.)
והשווה לדברי התפארת ישראל על המשניות (שבת פ”ו אות טו) 9 שו”ע (סי’
שג סי”ח) 10 שם בהגה 11 ערוך השלחן (סי’ שג סכ”ב) 12 עי’ שם שסיים:
“וזהו היתר נכון וברור”. 13 שו”ת אור לציון ח”ב (פרק כג שאלה יא.) וכן
ראה בס’
ארחות רבינו ח”א (פרק שבת אות קמט, עמ’ קלז) בשם החזו”א. ועי’ שו”ת
אגרות משה (”ה מחאו”ח סי’ יח, הערה לסי’ שג סיח, דף מה ע”ב.) 14 עי’
ביאור הלכה (סי’ שג סי”ח ד”ה כי בזה) וס’ שש”כ (פרק יח סי”ב.) 15 עי’
בריטב”א (שבת סד ע”ב ד”ה רב עניני) בשם תוס’
האחרונות כי הרבנית אשת ר’ יהודה ז”ל היתה אומרת כי בעלה היה אוסר
לה, וגם השר מקוצי ואחיו ז”ל היו אוסרים לנשותיהם. ע”ש.
Oneg Shabbos Issue 250 10
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Rabbi Yitzchak OelbaumRabbi, Nachlas Yitzchok, NY
A Change in Perspective
Years ago, at one wedding which Rav Pam was in attendance, the
father-in-law of the bride had ordered a kesubah which was very
expensive. Hand-made, it was a beautifully designed piece of art,
which was a source of pride to the newlyweds and specifically to
the father-in-law.
Right before the proceedings of the wedding were to begin,
however, a mistake was noted in the kesubah, deeming it invalid. An
alternative kesubah was readily made available, yet it was not made
by hand and was a far cry from the beauty of the previous kesubah.
The father-in-law was unbelievably distraught, as his dream of
having such gorgeous artwork hang in his children’s house would no
longer be a reality.
Rav Pam, noticing what had happened, went over to the
father-in-law, and whispered something into his ear. From then on,
throughout the rest of the night, the man had a big smile on his
face. Later, when asked what Rav Pam had said which calmed him
down, the father-in-law related, “He told me that for some reason,
it had been decreed in Heaven that my children would need to
have two kesubos. There are two ways this could have worked out.
Either she would receive a second kesubah because she would have
gotten divorced or one of the spouses would pass away. Or,
alternatively, as has happened now, a new kesubah would need to be
written. Hashem provided you with the easier option, with one
kesubah becoming unusable, so a second one would be needed. Once I
heard this, I immediately settled down.”
A shift in perspective can change everything.
It is quite the common scene for crowds of people to be lined up
waiting for a bus back home after Shabbos in Bnei Brak. Years ago,
on one such occasion, close to one hundred people stood waiting for
the 402 bus that would take them from Bnei Brak to Jerusalem. But
as the anticipated bus did not show up on time, more people began
waiting. But even at the next allotted time, no bus showed up.
Suddenly, a bus started driving down the road and pulled up. It
was the 210 bus on its way to Ashdod. Of all the people waiting,
one person who needed to go to Ashdod boarded. But he had the
entire bus to himself, as everyone else needed to go to Jerusalem.
Approaching the bus driver, they began begging him
to take them to Jerusalem. “Please, we are stranded here!” But
the driver had a job. “I can’t!” he said. “I have a job which
requires me to go to Ashdod. I’m not able to just take people
wherever they want. I have a strict route I need to follow.” But
the crowd persisted. “There are so many people here waiting! You
would be doing all of us such a favor if you could take us.” But
the driver persisted. “I really can’t!” he reiterated. “I have a
job, and I’m unable to go out of my way.”
But the crowd eventually prevailed on the driver. “Okay, okay,”
he acquiesced. “Don’t tell anybody. Tell the crowd to start
boarding…”
Within minutes, the entire bus was full, and everyone was beyond
thrilled, except the one man who actually needed to get to Ashdod.
That one man knew the driver, so he got up and approached it. “Let
me ask you a question,” he said. “I know you; we’re good friends.
You are a nice guy, but I don’t understand. There is no way that
you would be willing to go out of your way from Ashdod, and risk
your job to take people to Jerusalem. Why are you doing this?” The
driver looked back at the fellow. “To tell you the truth, I really
am the 402 bus. But I realized that if I show up and announce
myself as the 402 bus, everyone would be fuming and yelling at me.
Look at everyone now. They’re all sitting down nicely,
appreciative, happy and relaxed. I changed the number on my bus on
my way here.”
A little shift in perspective once again, and drastically
different results. M
STORY
2 May 2019 ח' אייר תש"פ פרשת אחרי מות-קדושים 11
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