Author: Rabbi Milder

Posted on

Torah Riddles #222

Question: Why does Rav Elyashiv poskin that if you can’t find the person you decided to give tzedaka to you can give it to someone else?

Background:

A.    The Mishna Berura (694:2:6) says that one should not switch Purim money with other tzedaka. Specifically, the Gabbaim, but a poor person can do what he wants with the money. Meaning that the money collected has to be given out for the needs of purim. The Beis Yosef, quoting Haghos Ashr”i says that money, that one thinks in his heart, he wants to give out to the poor on Purim, should not be changed. The reason is because he holds that tzedaka is like hekdesh and you have to fulfill what’s in your thoughts, even if you don’t say them out.

B.      Aruch Hashulchan (Yoreh Deah 258:39) says that you can’t change only if you decisively decided in your heart to give to a certain person or place, but if you only thought you want to give this amount everyone agrees you don’t have to fulfill what you thought.

C.     Rav Elyashiv, therefore, poskins that one should not decisively think to give money to a certain gabbai tzedaka if you are unsure if you will find him, rather you should think in your mind that you have no decision until it reaches the intended hands. But both the Chazon Ish and Rav Elyashiv poskin that if you decide to give money to a certain poor person and you can’t find him then you can give it to some other poor person. Why?

D.    We say, Erev Rosh Hashanah by hataras nedarim, “In case I forget the conditions of this declaration and I make a vow from this day onward, from this moment I retroactively regret them and declare them that they are all totally nullified and void, without effect and without validity and they shall not take effect at all. Regarding them all, I regret them from this time and forever. ”

Answer: Rav Elyashiv says that because you can rely on the declaration made by the annul of vows on Erev Rosh Hashanah, since the vow was only in one’s thoughts, then you can give it to another poor person because you must not have decisively decided to give it to a specific person as retroactively revealed by the declaration.

Posted on

Sefer Chofetz Chaim hilchos rechilus chapter 9 halachos 11, 12

 If one has already been overcharged or given an inferior quality product, the question of whether you can tell him about it really depends if he can do something about it. If he was charged over a a sixth of the going rate, then you can tell him and he can get his extra money back. If it was less than a sixth of the going rate, then we assume there is automatic forgiveness of being overcharged because it is within reason so you can’t tell him he was overcharged and it would constitute rechilus if you do. Even if he has not fully paid for what he bought, he has installments, and still can’t tell him, lest he does not pay the rest that he had originally agreed he owed. If it was an inferior or faulty product and he can still return it then you can tell him but if it is after the return policy then you can’t tell him and you should even praise the product if he asks you about it. That’s not transgressing lying because you are coming to avoid the prohibition of rechilus. This is based on a gemara I’m Kesubos 17a. If you know the person is the type of person that even if you tell him he was ripped off he won’t do anything about it, like he’ll be too lazy to return it or to call up and go through the hastle of getting some of his money back, and he’ll only have hatred towards the salesman for what happened then you can’t tell him either unless you know you can stop him from buying from there again. Of course, you have to meet the 5 conditions before being allowed to speak up:

1. You can’t exaggerate.

2. Your intent must be just to help your oppressed friend; therefore, it is highly likely that a competitor of the store he bought at can’t tell him that he was ripped off.

3. If you can rebuke the salesman and he will go over to the buyer and fix the problem then you should do that without telling the buyer.

4. If you can figure out a way to inform him of what happened without saying it straight out you should do so, for example if you can indirectly direct him to an advertisement, commercial, or article about the product he bought and he sees he was ripped off and will fix the situation on his own then you should do that and not tell him. We see that Hashem did a similar thing when he told Yehoshua to make a lottery to reveal that Achan was the one who was putting the entire Jewish nation in peril for the sin that he committed.

 5. If you see that the buyer by nature is a big talker and he will go over to the seller and name you as telling him that he was ripped off then it’s not so simple that you can tell him (and I am not sure if you would want to tell him) because you will be causing him to speak rechilus since he will tell the storekeeper who he got his information from. But if he promises not to drop any names then you can tell him.

Posted on

Torah Riddles #221

 Question: Why does Rav Shlomo Zalman Aurbach allow teenage girls to sing on buses, like on a class trip if they have a Jewish male bus driver? (Even if one or two girls are singing louder than the rest.)

Background:

A.    The Mishna Berura (75:3:17) says one should be careful to not listen to a woman singing while reciting the Shema, even your wife, but her normal voice is fine. Other than while reciting the Shema a single girl’s voice is technically not considered forbidden, however now a days we treat her as a nidda who is forbidden just as a married woman or any other illicit relation, and even a non-Jewish woman, are all forbidden for men to listen to them singing. The concern is that it might lead to forbidden thought which possibly could lead to forbidden action.

Answer: While he is driving, he is too busy focusing on the road or distracted by his job so we aren’t concerned that he is really listening to the girls singing. (See Dirshu footnote 27.)

Posted on

Torah Riddles #220

Question: Why does the Aderes hold you can say a regular refua shleima, that you would say during the week, to a sick person you are visiting on Yom Tov?

Background:

A.    The Shulchan Aruch (Orach Chaim 287:1) says that one can comfort mourners on Shabbos and can also visit the sick. But he should not say to a sick person the same thing he would say during the week, but rather, “Shabbos one should not cry out, and the healing should come near…” (Shabbos hee mi’lizok u’refuah krova lavo…)

B.     The Dirshu Mishna Berura (footnote 1 here) brings a Shevet Yehuda which explains that through screaming out in anguish over one who is sick , one will ask for mercy to Hashem for the sick person. This is considered asking for personal needs which is forbidden on Shabbos. The Mekor Hachaim says the same expression we say on Shabbos should be said on Yom Tov. However the Aderes argues.

C.     We are more lenient on Yom tov to ask for personal need (at least in specific circumstances) as we say the prayer of “Ribono Shel Olam” when we take out the Torah.

 Answer: Since on yom tov we are more lenient to ask for personal needs then on Shabbos that is why saying refuah shleima would be permissible on yom tov, even though we don’t ask for our own personal need at the end of Shemone esray on Yom Tov. We only beseech the prayers that were officially set up by Chaza”l.

Posted on

Sefer Chofetz Chaim hilchos rechilus chapter 9 halacha 10

An example of a very delicate situation where one might be able to speak out: You know that your friend is a simpleton you know can be duped very easily and you also know that the store owner who he is about to walk into will take advantage of him, whether to convince to buy something he doesn’t want to buy, deceive him with wrong weight or measurement or just over charge him, definitely if he would charge more than a sixth of the going price, then you must tell him about this store and that he shouldn’t even enter it. Even if your friend had already made an agreement to buy from him. Definitely if you know for a fact that the merchant is planning on tricking him then he has to tell his friend. Let say the merchant tells his friend this is something which you must buy because every6is going to have it soon, and it’s a lie. Or if he tries over charging the friend, if more than a sixth for sure and if less than a sixth, there is a sfeika didina if he can tell him, because on th tone hand the Shulchan Aruch poskins (CHOSHEN Mishpat 227:6) that can’t trick person into over charging him even less than a sixth, but the Rosh poskins you can, but there is also an issue of lashon hara, so it’s better to be passive and say nothing for less than a sixth overcharging. But any amount of measuring or weighing wrong must be called out, but again as long as you meet all the conditions. There is in fact an argument between the Sm”a and Ta”z whether you get a sin for speaking up out of hatred though you are also just trying to help (potential) victims. The Sm”a ( Choshen Mishpat 421:28) says you would still be transgressing a sin. But the Ta”z there says that since you are doing a mitzva of protecting someone then you don’t get a sin just because you speak out, out of anger. However, it is most likely that you’ll run into other problems if you speak up out of anger because you’ll probably jump to conclusions to quickly,

Exaggerate, and might harm the would-be perpetrator more than he deserves and in that case you would be forbidden to speak up. In terms of the fourth condition, if you can get the person to leave the store, or not walk in without speaking the rechilus, you can do that if this might be a onetime thing, or you don’t know of past history that the storekeeper is a swindler. But if you know he is always a swindler then you should say something in order so that word will spread, and you can get the thief off the streets.

Posted on

Teruma – Relating to Loftiness 


We say every Friday at the end of Shachris, as well as 3 times on Shabbos, the paragraph in Tehillim (93:1), “Hashem will have reigned, Hashem will have donned grandeur; Hashem will have donned might and girded Himself.” These are words we can’t really relate to. What does it mean that Hashem clothes Himself in haughtiness and strength? Granted Hashem is the most powerful, infinite all-encompassing in existence who created all of this existence and is in control and runs everything in creation, but these are still concepts that are very hard to relate to. Chaza”l even say that the way we praise Hashem in the beginning of shemone esray should be the exact words used, and we shouldn’t add our own praises because we cannot relate to Hashem’s actual greatness and to add what we feel is more praise besides what the Great Rabbis of the Assembly, Anshe Knesses Hagadola, enacted with their Divine inspiration and deep intelligence, would in fact be underscoring and insulting Hashem. However, in this week’s Torah portion of Teruma, listed amongst the contributions to the building of the mishkan the Torah says, “oil for illumination, spices for the anointment oil and the aromatic incense ” (Shemos 25:6).

The Daas Zekeinim wonders why the entire Torah portion is talking about the material that will be used in the construction of the mishkan, but this pasuk is referring to the gifts offered to Hashem. Yet wheat for the Lechem Hapanim, sheep for the daily offerings, and wood for the burning on the alter were not mentioned? He answered that in fact all three were needed for the building.
1. The anointing oil was used to anoint and sanctify all the vessels in the mishkan.
2. The spices for the incense were used just as the way of kings to spice up their palaces before they entered them, and all the more so before the King Of All Kings The Holy One Blessed Be He. We also find that the Shechina, the Holy Presence, only appeared when offering the incense as it says, “the incense covered the cloud” (Vayikra16:13), and it also writes, “for from within the cloud I will be seen” (Vayikra 16:2).
3. The oil for light is also mentioned since it’s the way of kings to light a candle in front of them before they enter their house, and even though He does not need the light, but it is still honor for Him on High. (Click here for Hebrew text.)
We see that the spices for the incense and the oil for the lights is in fact part of the construction of the Mishkan, because they were needed as part of respect towards Hashem upon entering His palace just as any other king used, so they are integral parts of the palace itself. But how does incense or candlelight show respect and honor to Hashem, who has no need for physical items, and in fact detests physical desires and the finite world? If the spiritual soul detests such things, then certainly Hashem would! And if all the words of praise cannot properly do justice to the honor and respect that Hashem deserves, how can a light from a candle and good smelling aromas do anything for Hashem’s glory; if anything it should detract from the due respect that Hashem truly deserves?

However, we must say that this is done not for His own feeling of glory, but for human beings to relate to Hashem’s awesomeness and glory so that they can appreciate the majesty and kingship of the Master of Universe, King Of All Kings. Just as Chaza”l gave certain guidelines, the specific prayers and the specific wording of each prayer as a means for us to appreciate the greatness of Hashem, so to Hashem does earthly finite things for us to relate to His royalty in order to ensure we treat Him with proper respect and honor.

Posted on

Mishpatim- Witches and Sorcerers


There is a societal view nowadays that there can theoretically be both good and bad witches and sorcerers, as we find in Harry Potter or the Wizard of Oz. However this is far from the Torah’s perspective. Though the magic that magicians perform in today’s day and age are for the most part only slights of hand, in the past there was indeed such thing as real magic, where the “myths” of witches and sorcerers come from.
In fact, Rabbeinu Bachye defines what magic is, and brings an argument between the Rambam and Rabbeinu Chananel about how far its powers can effect existence. The Torah in this week’s Torah portion of Mishpatim states, “You shall not permit a sorceress to live” (Shemos 22:17). Rabbeinu Bachye defines “the concept of magic as connecting things that are supposed to be separated from each other and when connecting them together down here on earth, so to their powers in the celestial world mix and connect with each other and what results from amongst them are strange but incredible phenomenon! The prohibition of forbidden mixtures is an offshoot of this prohibition because it also mixes the celestial powers where they should be separated and distant from each other. Their connection does a lot of damage.
Behold the necromancers in Egypt their main knowledge was in magic and they did things which were absolutely wondrous according to natural means. Chaza”l taught, why are magicians called ‘kishufin’ in Hebrew because, they are ‘machishin pamalya,’ they disrupt the astrological spheres. The disruption of the astrological spheres is when a person on earth grafts two things which are opposites in simple powers that were decreed for the motions of the planets (and stars) and the decrees of gravity which is there their life force, this is what’s referred to as the astronomical spheres. A person who is placed in this world is supposed to act with in the customs of the world, and according to its basic nature. This is the will of his Blessed Creator that created it in this way. And if one is involved with magic that is a sort of disruption. This is also the view of the Ramban.
But the view of Rabbeinu Chananel z”l in his explanation in tractate Sanhedrin holds that magic does not disrupt the fabric of nature but rather it only appears to make a disruption. Magicians have no power in their actions rather it is only what Hashem decrees as Rebbe Chanina told a woman, ‘There is no one else beside Him.’… You might ask that since magic is useless unless where Hashem decrees it should work then why did the Torah prohibit it and why are magicians that practice it liable for the death penalty? The reason is because they transgressed the decree of Hashem by trying to do something He prevents them from doing. Just as if a person transgressed the decree of a human king and is liable for execution, all the more so for transgressing the decree of The Holy One Blessed Be He King Of All Kings. These are the words of Rabbeinu Chananel.
Now, because the Jews were habituated in this wisdom since they were coming from Egypt, it is something they were used to and easily drawn after, therefore the Torah had to prohibit them from being involved in this type of wisdom. To impress upon us the severity of the matter the pasuk does not say a sorceress shall surely die, but rather ‘shall not live,’ for the Torah wanted to stress the stringency of the matter with a prohibition of not allowing her to live just as it stressed a stringency by the seven Canaanite nations, ‘you shall not let live any soul’ (Devarim 20:16). It specifically mentions that a sorceress, or witch shall not live and not a sorcerer (even though this prohibition applies to men as well) because magic is found amongst women more often…” (Click here for Hebrew text.)
 Chas vishalom, one should think according to the Ramban, a real magician could go around Hashem and do things beyond Hashem’s power and jurisdiction! Rather, the argument between Rabbeinu Chananel and the Ramban is to what extent Hashem allows magicians to control heavenly powers. The Ramban holds that they have the ability to disrupt and mix up the spiritual powers that bind and control nature on earth. Rabbeinu Chananel holds that Hashem would not give them the power to disrupt the celestial spheres in heaven but only to do things on earth, which looks like they are having an effect on heavenly powers. Either way, Rabbeinu Chananel’s question of why this deserves execution should still stand, because even if they are rebelling against the decrees of the King Of All Kings why is this any different than transgressing any of His other mitzvos? Indeed, Chaza”l say that even though every transgression deserves capital punishment, Hashem had mercy on many of the mitzvos and allowed for an offering to be brought, instead of death, if transgressed by accident. Many sins also only have the punishment of lashes, even if done on purpose; so why should this prohibition be more severe if it’s the same issue of going against Hashem’s decree? Especially since the prohibition of kilayim, forbidden mixtures, is only punishable with lashes. Why should magic be worse, if it has pretty much the same effect?

We must therefore say that there is a difference between magical practitioners and Farmers (or anyone else that mixes forbidden mixtures), or any other prohibitions that only deserve lashes. Those prohibitions are action of rebellion against Hashem and those actions should be eradicated, as we find that one should get rid of the kilayim, the forbidden mixture of plants that were mixed together, or take out the mixture of wool and linen in one’s garment, etc. Even if kilayim was formed with a neighbor’s plants, that’s considered a damage to the neighbor (see Ramban Dina Digarmi) and one is liable to pay for damages. Therefore, prohibitive actions of this type are punished with lashes, if there are witnesses and warning before doing them, in a Jewish court of law.

However, when it comes to magic, the whole essence of the person is a rebellion against Hashem’s rule and order. That is why it says a witch (or sorcerer) may not live, whereas it only discusses the actions of prohibitions by forbidden mixtures. Therefore, just as the results of the actions by forbidden mixtures must be eradicated, so too the essence of the issue itself by magic must not live; in this case the witch or sorcerer. They were executed if there were two witnesses and a warning. And if they still acted as magicians after the warning, then they were put to death by the Sanhedrin in the times of the Beis Hamikdash.

There is a major difference between actions that are against Hashem’s, to which Hashem has more mercy when handling such rebellion, versus when the whole essence of a person is undermining the way Hashem runs the world. Then He has to take action to get rid of that sort of rebellion.

Posted on

Yisro – The Glue of Society: Honoring Parents

For Food for Thought in Spanish: Haga clic aquí para leer en español. Please share this with your Jewish Spanish speaking family, friends, and associates.

One of the mitzvos enumerated in the Ten Commandments, listed in this week’s Torah portion of Yisro is honoring one’s parents. The Torah states, “Honor your father and your mother, in order that your days be lengthened on the land that Hashem, your G-D, is giving you” (Shemos 20:12).
The Ralbag learns two lessons from this mitzva. The first lesson is that one should respect his or her parents, as it says, “Honor your father and your mother.” The lesson in this mitzva has to do with one’s character development; we are supposed to honor our parents because of the incredible assistance they have given us in our lives, and the fact that they guided us towards perfection when we accept mussar, practical lessons, from them.

The second lesson also has to do with character development, and it is to inform us that when there is a loss in the order of the communal household, there will then also be a loss in communal society. It will bring the destruction of society against the better nature of its citizens. For this reason, the Torah says that if people put effort into this matter, of fixing the home, that will lead to long days on the land that Hashem bequeaths to us. This follows, that if the communal home is not fixed in this manner, then there won’t be long days on the land, against the better interest set up by the citizens of the country. About this the prophet said to the Jews, “Father and mother are held light in you;” (Yechezkel 22:7) to teach them that they were deserving of the enemy coming and exiling them from the land. (Click Here for Hebrew text.)
We have seen the debacle of Socialism and the failed original methodology of the Kibbutz movement, involving trying to make everyone equal. They would separate the children from parents at a very early age in order that children would live alone amongst each other, separate from their parents, as equals, being raised and taken care of by the kibbutz. In order that everyone would have an equal share in everything.

Philosophies like those have destroyed societies and are even an integral part of the breakdown of society even today. But why is this so? Aren’t they doing it for the betterment of the world, for equality? What is wrong with that?
Let us say even if there was Jewish life that strictly kept the Torah, respected the Rabbis and elders, but did not show proper respect, or any respect to their parents; what would be wrong with that? They would still be observing the Torah and receiving guidance from Rabbis, teachers, and mentors whom they respect. What’s the big deal if they would not respect their parents?

However, it would seem that not properly respecting parents was a cause for the exile by the destruction of the first Beis Hamikdash. It must be that if one doesn’t show proper respect and gratitude towards the people who brought you into the world, having the most intimate and personal impact on your life, the ones that raised you, cared, nurtured and guided you into who you are today, then it will have a ripple effect across the entire society, and a breakdown of society will occur.

Even going against the system Hashem has put into place, of parents raising their children and children reciprocating by honoring their parents, if that system isn’t in place and different systems are developed for the “betterment” of society and the world, in the end they will fail. Because Hashem in His ultimate knowledge and foresight understands that everything starts in the home and if it does not start from there, from those who brought you into this world, then there will be a lack of respect, honor and gratitude for anyone, which will create chaos throughout society.

Posted on

Torah Riddles #219

 Question: Why does Rav Shlomo Zalman Aurbach poskin that you should say shehecheyanu on a new tallis after you say the bracha on the tallis but for a new fruit you first say shehecheyanu then the bracha on the fruit to eat it?

Background:

A. The Shulchan Aruch (Orach Chaim 225:3) says that one who sees a new fruit formed from year to year blesses a shehecheyanu. Even if he sees it in his friend’s hand or on the tree. Our custom is to make the blessing when we eat it.

B. The Mishna Berura (10) says that the main enactment of saying shehecheyanu for a fruit is because of the joy in one’s heart that one feels over the sprouting (or ripening) of a new fruit. In Mishna Berura (11) he says that the reason for the custom of saying shehecheyanu by eating it is because if one doesn’t get joy out of seeing it he will certainly get joy out of eating it. The Pri Megadim says that ideally one should make the blessing of shehecheyanu first then the blessing on the fruit and eat it, or make the blessing on the fruit, take a small bite then say shehecheyanu, but technically if you say the blessing on the fruit then shehecheyanu, and then take a bite that is fine too.

 C. The enjoyment of a new tallis is a personal enjoyment.

Answer: Since the enjoyment of a tallis is personal then he has to first wear it to enjoy it then he can say shehecheyanu but by a fruit where the shehecheyanu is for the new fruit that sprout which is an enjoyment for any Jew, it’s not personal, therefore the blessing of shehecheyanu comes first even if you will be saying it when you eat it.

Posted on

Sefer Chofetz Chaim Hilchos Rechilus chapter 9 halachos 6-9

These slew of halachos are a recap with some added extra points of what we already know. In halacha 5 the Chofetz Chaim said that if two people, like witnesses tell an employer, for example, who will act on his own and fire the employee, if they tell him he is a thief, that is permissible assume they meet the 5 conditions because they are getting done what would most likely happen in court. However, this only means they don’t transgress the prohibition of speaking rechilus however they are helping the employer do a sin because he doesn’t have the right to act spontaneously and take matters into his own hands without investigating or taking his employee to court, so it’s better to say nothing to these type of people, or at least be extremely careful before talking up, besides the fact of meeting all these conditions to be allowed to speak is very slim as well.

Also, just telling a victim of how someone stole from him or hurt him, granted you might want to be quick to help the victim or make sure nothing worse happens to him, but you have to be very careful to meet all the conditions first before helping the guy and telling the victim who was the perpetrator in order to get his stolen goods back or paid up for damages caused to him. You should also rebuke the perpetrator first and if he does not listen and act to fix things on his own then you can tell the victim in the appropriate manner.

It makes no difference whether someone confronts you asking about what happened or if you voluntarily tell someone. If you meet all the conditions, it is permitted and a mitzvah to help him and if not then it is a sin. We see that Hashem didn’t even tell Yehoshua that Achan took the spoils of Ai, which put the entire Jewish nation into peril, until the lottery was cast Achan admitted himself of his wrongdoing because Hashem didn’t want to speak lashon hara since there was other means to reveal the wrongdoer.

Even if you aren’t telling the victims but just telling the story to other people it is only permissible if the 5 conditions of talking are met.