Author: Rabbi Milder

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Breishis – Temporary Insanity is No Excuse

What was the motivation of the first murder in world history? Was he really guilty? Did he have a good excuse to acquit himself?

The Torah records the murder of Hevel by his brother Kayin, which occurred after Hashem accepted Hevel’s sacrifice but not Kayin’s. The Medrish Tanchuma (paragraph 9) goes into a lot more detail of what actually transpired.

Here is a depiction of the account based on one of the views in the Medrish with additional information from its commentary, the Etz Yosef: Kayin and Hevel were 40 years old at the time. Kayin sacrificed flax seed (i.e. linen) and Hevel sacrificed a first born of his sheep, therefore wool and linen became forbidden as a mixture as it says, “You shall not wear shaatnez, wool and linen together” (Devarim 22:11). And Hashem said it is inappropriate to mix the offering of the sinner with the offering of the innocent, therefore the mixture of wool and linen became forbidden.
After this episode Kayin said to Hevel, “What do you say? Our father has separated himself from our mother and is not having anymore children, and Hashem is angry with him, it’s as if he is dead so why don’t we discuss our inheritance? We can split the whole entire world but since I am the firstborn, I deserve to get a double portion.”
Hevel responded, “If this is halachically true then I will submit to your will”.
Kayin said back, “Thank you and I will include the place where your offering was accepted as in my domain.”
The place, where the alter was, was to be where the Beis Hamikdash would be built, and it is known that the Beis Hamikdash is in the center of the world, therefore when they were splitting the world, and Kayin was going to take a double portion then the Beis Hamikdash would then be in his portion.
Hevel refused to accept this split claiming that the world didn’t have to be split in the center exactly next to each other and therefore he can keep what was already coming to him when Hashem accepted his sacrifice.
Even though the Beis Hamikdash was not built yet they both wanted that location because either they knew the place itself was inherently holy or they were hoping to live long enough for the Beis Hamikdash to be built in their lifetime.
After Hevel’s refusal of the deal a fight ensued and Kayin started chasing Hevel from mountain to valley and from valley to mountain until they grabbed onto each other and Hevel, who was stronger, knocked down Kayin and pinned him to the floor. When Kayin saw the bad fortune he was in he started shrieking, “Hevel my brother don’t do anything wrong to me!” Hevel had mercy and released him. Kayin then got up and killed Hevel, as the Torah says, “And Kayin got up” which implies he had fallen.
As soon as he had killed him, Kayin said to himself, ‘I must run away from my parents, for they will ask me about Hevel, for there is no one else in the world besides him and I.’
Immediately, Hashem appeared to Kayin and said to him, “You can run away from your parents, but you cannot run away from Me… Where is Hevel, your brother? He was merciful upon you and didn’t kill you when you fell under his clutches, but you slipped out and killed him. And how did you kill him? You beat him with a stone on his legs then his arms, for you didn’t know where his soul would come out…until you got to his neck.”
When Hashem had asked where is Hevel your brother, Kayin had responded, “I don’t know, am I my brother’s keeper? You are the guardian of all creatures, and You are asking me where he is?” Then Kayin admitted, “I killed him but You created inside me a yetzer hara (The Etz Yosef points out at this juncture that this is what Kayin meant when he said ‘I don’t know’ meaning I was not in the right state of mind, for temporary insanity entered inside me, which is the power of the Yetzer Hara, the Evil Inclination, and he did it, for a person only sins when he goes temporarily insane, and without knowledge he sins.) You protect everything and You let me kill him, in fact You killed him, for if You would have accepted my offering like You did his, I would not have been jealous of him.” (Click here for Hebrew text.)
After some more intense back and forth between Hashem and Kayin, Kayin admitted to his sin, in a form of repentance and his punishment was downgraded from death on the spot to a lifetime of exile until he himself was accidentally murdered by his blind 7th generation grandson, Lemech, when he was hunting, being lead by his son Tuval Kayin, the real culprit, who Lemech also killed after he realized what his son caused him to do.

Though Kayin does sound like he had some chutzpah, the way he was talking to Hashem, and his underlying motivational bias was jealousy, however it does not seem that the motivation was out right negative jealousy. He wanted a share in the holiest place on earth just as Hevel wanted. This means his motivations were noble, altruistic motivations stemming from a pure drive to be close to Hashem, and maybe even remorse for that ill given offering that he had sacrificed. He was also knocked down first, granted Hevel had mercy on him and didn’t kill him when he easily could have, but Kayin might have felt he had an excuse of self-defense or self-protection, to ensure he would not be killed by his stronger brother. Lastly, why wasn’t his excuse of temporary insanity caused by the Evil Inclination an acceptable excuse? How can he be held responsible for murder, he wasn’t in a right state of mind at the time?!

Hashem’s responded rhetorically, “What did you do?!” Which the Etz Yosef explains to mean, “You did a tremendous thing, for you caused the yetzer hara to control you, for you made him bad!”

We see from here that temporary insanity is no excuse for innocence, on the contrary, that’s the way the Evil Inclination gets everyone to sin. However, it is because we allow the Yetzer Hara to get to that point, that we are held responsible for the actions we do in that temporary state of insanity. It is within our potential power to put the Evil Inclination in check and not allow ourselves to fall into that state of sin. We have the means! We have the tricks and the ability to have self-discipline in order to with stand and overcome the Yetzer Hara we just have to be on guard all the time. We must be sure not to let down our guard even for a moment.

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Sukkos – “According to One’s Efforts is One’s reward” (Last Mishna in Mishnayos Avos)


The haftorahs for the first day and Shabbos of Sukkos depicts the war of Gog and Magog and its aftermath. There will be great chaos and bloodshed but, in the end, there will be open miracles which will result in the whole world recognizing Hashem as one. (It is worthwhile to read both haftorahs with commentaries inside.)

The pasuk in the haftorah for the first day of Sukkos, which we actually say every day at the end of Pesukei Dizimra, and repeat many times in our Yomim Noraim davening, says “Then Hashem will be king over all the world, on that day Hashem will be One and his name will be One” (Zechariah 14:9). Rashi on this pasuk says that every non-Jew will leave their gods and there won’t be any nation worshiping a foreign god, and Hashem’s name will be known and mentioned by everyone. Later in the haftorah the prophet Zechariah relates, “It shall be that all who are left over from all the nations who had invaded Yerushalayim will come up every year to worship the King Hashem, Master Of Legions, and to celebrate the festival of Sukkos” (Zechariah 14:16). The Radak there says the reason why the whole world will come together in Yerushalayim on Sukkos is because at that time of the year will be the war and when they will see all the wonders of the Blessed Creator. Therefore, to commemorate that event, they will come each year at this time.

Rashi cryptically says this pasuk is what Chazal explain in gemara Avoda Zara daf 3a-3b about an easy mitzvah Hashem will give the non-Jews to do which will be sukkah.
Here is the beginning and the ending of Hashem’s conversation with all the non-Jewish nations (taken from Soncino translation): Daf 2a: R. Hanina b. Papa — some say R. Simlai — expounded [the foregoing verse] thus: In times to come, the Holy One, Blessed Be He, will take a scroll of the Law in His embrace and proclaim: ‘Let him who has occupied himself herewith, come and take his reward.’ Thereupon all the nations will crowd together in confusion, as it is said: All the nations are gathered together, etc.
Daf 3a-3b: The nations will then plead. ‘Offer us the Torah anew and we shall obey it.’ But the Holy One, blessed be He, will say to them, ‘You foolish ones among peoples, he who took trouble [to prepare] on the eve of the Sabbath can eat on the Sabbath, but he who has not troubled on the eve of the Sabbath, what shall he eat on the Sabbath? Nevertheless, I have an easy command which is called Sukkah; go and carry it out.’ (But how can you say so: does not R. Joshua b. Levi say: What is [the meaning of] the verse, the ordinances which I command thee this day to do them? It is that this day only [the present] is the time to do them,’ they cannot be done tomorrow [in times to come]: this day is the time in which to do them, but not in which to be rewarded for them. [Why then should they be offered this observance in the Messianic time?] — Because the Holy One, blessed be He, does not deal imperiously with His creatures. And why does He term it an easy command? — Because it does not affect one’s purse.) Straightaway will every one of them betake himself and go and make a booth on the top of his roof; but the Holy One, blessed be He, will cause the sun to blaze forth over them as at the Summer Solstice. and every one of them will trample down his booth and go away, as it is said, Let us break their bands asunder, and cast away their cords from us. (But you have just said ‘The Holy One, blessed be He, does not deal imperiously with his creatures? — True! but with the Israelites, too, it occasionally happens that the summer solstice extends till the Festival [of Tabernacles] and they are vexed [by the heat]. But does not Raba say: He who is vexed thereby is freed from dwelling in the Sukkah? — Granted, they would [in such circumstances] be freed, but would Israelites contemptuously trample it down?)
With Rashi’s direction we can put the gemara of Avoda Zara into perspective. In the aftermath of the war of Gog and Magog everyone, Jew and non-Jew, will recognize Hashem as one and His will to follow; no turning back, this will be it. A new chapter in history, a new world order, which everyone will embrace. Hashem is going to gather everyone together to collect their earned reward, and in His ever-abundant mercy will even give the non-Jewish nations another chance, an easy chance to earn their pay; but they will squander the opportunity by belittling the mitzvah given to them. But putting the situation into perspective something doesn’t make sense! Coming together on sukkos they will be commemorating their Independence Day, liberation from the chaotic world they once lived in. They will now have a complete clarity and devotion to Hashem. So how can they belittle the mitzvah Hashem gave them by kicking the sukkah, even if they got frustrated that they couldn’t fulfill the mitzvah because it was too hot? Where will their faith and trust in Hashem be?

Furthermore, the Haftorah continues, Pasuk 17: “And it shall be that whoever of all the families of the earth does not go up to Jerusalem to prostrate himself to the King, the Lord of Hosts-upon them there shall be no rain.”

Rashi there comments, “rain: Actual rain to cause the produce of their land to grow. Now, what reason did He have for decreeing upon them the withholding of rain? That the commandments of the festival are based on the rains: the four species of the lulav and the water libation are to appease God for water. Since the festival of Tabernacles is the time of the rains of the year, no rain will fall on those who entertain doubts concerning the festival of Tabernacles. This is learned in the Tosefta of Sukkah (4:7).”

Pasuk 18 states: And if the family of Egypt does not go up and does not come, it shall not [rain] upon them. The plague [on Egypt] will be [the same as] that with which the Lord will plague the nations who do not go up to celebrate the festival of Tabernacles.
How can any of the family of nations think not to come up to Yerushayim for sukkos, their Independence Day, if they have complete belief in Hashem, His Will, and reward and punishment?

It would seem though, that when the gemara in Avoda Zara says the reason why the non-Jews don’t deserve reward is because only those that toil on the eve of shabbos get there reward on shabbos, meaning only if one works hard in performing Torah and mitzvos in this world does he receive his well-earned reward in the next world, it not only is a message about the reward received but a message about how the reward is earned. Meaning, because the Jewish people as a whole not only performed but worked hard and struggled to perform Torah and mitzvos throughout history they rightfully deserve that reward but they also appreciate more what it means to perform a mitzvah and do Hashem’s Will. So they would never get upset and belittle a mitzvah just because they lost their chance and became exempt from the mitzvah. On the contrary many people would just feel disappointed on losing the opportunity to fulfill the mitzvah. But this is because we spent many years observing and appreciating what a mitzvah is all about. The rest of the nations of the world will realize the true path one day, but won’t have the experience and work ethic to appreciate what they are given by Hashem. Therefore, even when the whole world unifies to believe in the one and only G-D and to fulfill his will, it will still be hard for them in the beginning even if they will never stop believing, just because they haven’t worked hard yet at performing and walking in the way of Hashem.

This appreciation derived from a proper work ethic in learning Torah and performing mitzvos is something that can apply to us even today. It might be difficult for converts or even baalei Teshuva who come back to their faith and want to keep the mitzvos and learn tons of Torah. In fact potentially any Jew has his or her ups and downs, but it’s still hard and frustrating. This could be due to the fact that most  aren’t used to it, but with a commitment to never give up and to keep on trying, to build up the work ethic needed to perform Torah and mitzvos properly, then a person will appreciate the path of walking in the ways of Hashem, whichever direction it leads. In this way he will rightfully earn his due reward.

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Haazinu – Hashem’s Right to Expect Us to Pray

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.

In this week’s Torah portion of Haazinu we find The Song of Moshe. In it, Moshe says, “The Rock! Perfect is His work, for all His paths are justice; a G-D of faith without iniquity, righteous and fair is He” (Devarim 32:4). The Medrish Tanchuma expounds on this pasuk saying, “He is righteous who does righteousness with His sons. When a person is poor and he has good deeds, he prays before Him and says, ‘Like Your Great Name, do for me righteousness.’ The Holy One Blessed Be He will open His treasure house and give to him. This is judgement for He did righteousness. This is what King David meant when he said, ‘What is all this good that You hid for the ones who fear You…’ (Tehillim 31:20). David said before Hashem, ‘I know you have treasure houses of lots of charity, if you don’t give it out to me and my friends, what is all Your good?”

The Etz Yosef says that the medrish was bothered why the pasuk says “All his ways are judgement etc. He is righteous and straightforward.” Judgement is strict judgement, but righteousness and straightforwardness are above and beyond the letter of the law? This is what we find when a person has good deeds, and he is poor, he asks Hashem to give him charitably. So, Hashem gives him. This is the letter of the law and charity, (or righteousness,) at the same time. Fulfillment of the strict letter of the law because this person has good deeds, and righteousness because Hashem doesn’t owe anything to anyone… (Click hee for Hebrew text.)

The Etz Yosef says there is no contradiction between strict judgement and righteousness (or kindness) because the poor person earned his right to be supported by Hashem because of his good deeds, but Hashem is not obligated to give him because He is tied down to no one. The Beur Ha’amarim adds that even at a time of strict judgement, where Hashem decides a person should be poor or suffering in some other way, it is for the benefit of the person, for that is what Hashem decreed with His wisdom. But even then, Hashem is kind and acts above and beyond the letter of the law, and so He sends these miseries in a fashion that a person can handle them. (Click here for Hebrew text.)

It is understandable that Hashem, in his strict judgement, felt a person needed to go through some trials and tribulations as an atonement for a wrong that he did. It is even considered a benevolence of Hashem that he gave this person some form of suffering, whether it is poverty, an illness, or anything else, in a fashion that he would be able to potentially withstand. But why is it so kind and benevolent to expect the one in need to pray, ask, or even beg for what he needs? Imagine a benefactor, even if it is a king, who demands a request to be helped. People will be turned off or maybe even too embarrassed to go to him. What kind of benevolent person is that?

Perforce, there must be a difference between man and Hashem. Man is by definition imperfect and will have needs or wants, if not now then at some point, whether it is for attention, payment, or anything thing else; he or she will actually need or want. So it’s a chutzpah to demand others to ask and beg if you might need it yourself someday. On the other hand, “Hashem reigned and has donned grandeur…” (Tehillim 93:1). Hashem is an omnipotent, all knowing, all powerful, perfect entity which needs nothing, by definition. His expectations for us to ask for our needs and wants must be for our own wellbeing in order so that we will gain levels of trust and recognition of Him in order to be closer to Him which is the ultimate goal as it says in the beginning of Mesillas Yesharim, “Man was created for the sole purpose of rejoicing in Hashem.”

Prayer is one of the ways to grow closer to Hashem which is why Hashem expects us to do, so, for our own benefit.

Gmar chasima tova & good Shabbos,
Rabbi Dovid Shmuel Milder

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Vayelech – “You Are Still Only Mortal”


The Medrish Rabba relates that in this week’s Torah portion of Vayelech, Moshe Rabbeinu tries one last time to get into Israel; and he has a pretty logical argument! “Moshe Rabbeinu said to Him, ‘Master Of The Universe after all the honor and mightiness that my eyes saw, I am going to die?!’ The Holy One Blessed Be He said back to him, ‘Moshe, who is a man who will live and not see death… (Tehillim 89:49)?’ What does it mean when it says, ‘Who is a man who will live’? Rebbe Tanchuma said, who is a man like Avraham that went down into the fiery furnace and was saved, but afterward it writes, ‘And Avraham expired and died’ (Breishis 25:8)? Who is a man like Yitzchak who stuck out his neck on the alter, and afterwards it writes, ‘Behold now, I have grown old; I do not know the day of my death’ (Breishis 27:2)? Who is a man like Yaakov who had a run in with the angel, and afterwards it writes, ‘When the time drew near for Israel to die’ (Breishis 47:29)? Who is a man like Moshe who spoke to His Creator face to face, and afterwards, ‘Behold, your days are approaching [for you] to die’ (Devarim 31:14).” (Click here for Hebrew text.)

The Maharz”u explains Moshe’s argument and then Hashem’s response. When Moshe said “after all the honor,” he was referring to what he had said previously: “You have begun to show Your servant Your greatness etc” (Devarim 3:24). Moshe argued, “And if so let me please continue. For what reason shall I die? The whole purpose of death is for the soul to bask in the pleasantness of Hashem, for the body, its senses, and the needs of the body separates every other person, and they cannot merit the pleasantness of Hashem in their lifetime. But I who merited that my body and its needs does not separate me at all, for I merited in my lifetime to be close to You in a way that not even the righteous in their death merited, if so, it is better that I enter the land with the rest of the Jews.”

The Maharz”u explains that Hashem’s response was, “Who is a man like Avraham” A man, meaning brave, גבורה, Avraham overcame nature and he was about to die and lived but in the end he did die. So to Yaakov, he overpowered [the angel], he was about to die and was healed by the angel as it says, ‘I saw and angel face to face, and you saved my soul.’ He lived then died. So to Moshe who also overcame, as it writes in Vayikra Rabba 1:1, ‘This day we saw that Hashem spoke to a man and he lived.’ So too Moshe was close to death through Hashem’s speech and still lived so in the end he will die.

If one analyzes the request of Moshe and Hashem’s response, it is clear that they are not speaking to each other. Moshe claimed, and it makes perfect sense what he was saying, that he was able to reach the same closeness, if not better, than many righteous people, in this world as they reached after death in the next world. So why can’t he stay alive, and get even closer to Hashem by being able to perform more mitzvos in the Land of Israel? Hashem’s response was that Avraham, Yitzchak, and Yaakov, his forefathers, who were very righteous, also had run-ins with death and lived just as he did. And just as they died, he will die.
What kind of response was that? Maybe they didn’t reach the same level of closeness to Hashem as Moshe did in his lifetime, just as he claimed, and Hashem didn’t deny it?

The Mesillas Yesharim in the beginning of the first chapter clearly states, “Our Sages of blessed memory have taught us that man was created for the sole purpose of rejoicing in Hashem and deriving pleasure from the splendor of His Presence; for this is true joy and the greatest pleasure that can be found. The place where this joy may truly be derived is the World to Come, which was expressly created to provide for it; but the path to this object desire is this world, as our Sages of blessed memory have said, ‘This world is like a corridor to the World to Come’ (Pirkei Avos 4:21).” But Hashem didn’t tell Moshe that it is more appropriate to bask in His splendor only in the World to Come. So why did Hashem respond the way he did?

It would seem from Hashem’s response that Moshe had a good point, which made perfect sense, but Hashem had a different agenda. It must be that Hashem saw that Moshe had a negia, a bias, towards immortality. On a very minute and miniscule level Moshe could not accept the Will of Hashem to die, because like everyone he had a drive to stay alive; so he came up with a logic that made a lot of sense but was still slightly off from Hashem’s Will. So, Hashem had to speak to the negia in order for Moshe to accept his fate. That is why Hashem responded that just as the forefathers were faced with mortal danger, survived, and eventually passed on to the afterlife, so too will he.

Moshe, on a very slight level, got entangled into a bias for physical immortality in a negative way. We are at this moment in time in the days of judgement with Rosh Hashana upon us and we are able to use our bias for immortality in a positive sense, spiritually, to strive in any way to successfully get through this time and be sealed in the Book of Life!

Shana tova umisuka, happy and healthy new year,
Rabbi Dovid Shmuel Milder

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Netzavim – The Yetzer Hara for Perfection


In this week’s Torah portion of Netzavim Moshe memorably tells the Jewish people in perek 30:

11For this commandment which I command you this day, is not concealed from you, nor is it far away. יאכִּ֚י הַמִּצְוָ֣ה הַזֹּ֔את אֲשֶׁ֛ר אָֽנֹכִ֥י מְצַוְּךָ֖ הַיּ֑וֹם לֹֽא־נִפְלֵ֥את הִוא֙ מִמְּךָ֔ וְלֹֽא־רְחֹקָ֖ה הִֽוא:
12It is not in heaven, that you should say, “Who will go up to heaven for us and fetch it for us, to tell [it] to us, so that we can fulfill it?” יבלֹ֥א בַשָּׁמַ֖יִם הִ֑וא לֵאמֹ֗ר מִ֣י יַֽעֲלֶה־לָּ֤נוּ הַשָּׁמַ֨יְמָה֙ וְיִקָּחֶ֣הָ לָּ֔נוּ וְיַשְׁמִעֵ֥נוּ אֹתָ֖הּ וְנַֽעֲשֶֽׂנָּה:

The Medrish Rabba extrapolates on these pesukim that Moshe told the Jewish people that they shouldn’t say another Moshe will come and bring us another Torah from heaven; I therefore am informing you “It is not in heaven” there is nothing left of the Torah that was not given, in heaven. Another interpretation, in the name of Rebbe Chanina, “It” and all its tools were given, which are: humility, righteousness, and uprightness, as well as it’s reward.

The Maharz”u clearly explains the Torah’s concern related in the medrish. “If you think it is possible to receive another Torah since Hashem can do anything, and your evil inclination will convince you to be lenient in fulfilling this Torah, to this I am informing you that all that is called by the name Torah and mitzvah is included in this Torah. And all that the prophets added and prophesied about and all that was prophesied about the future is all an explanation of this Torah which is higher than heaven and more expansive than earth, and deeper than purgatory, for it is the wisdom of The Creator who created everything and with it he keeps everything existing and there is no other way in the world except to cling to this Torah which is our life in this world and the Next World forever and ever. When the medrish writes about ‘another Moshe would get up’ it’s not literally Moshe, rather what it means is a prophet like Moshe, and just as there will be no other Torah, so to no prophet got up or will get up like Moshe. For even Moshiach will not give us another Torah, rather he will only uphold and explain this Torah. When in the Navi it says, ‘That the land will be filled with the knowledge of Hashem’ it is referring to an explanation of this Torah in our hands.” (Click here for Hebrew text.)
Who would imagine that another prophet like Moshe could bring another Torah, possibly bigger and better than this one? But even if it would be true, why wouldn’t everyone still observe what is in this one until then? This Torah is the blueprints of creation and handbook for mankind right now, and Hashem promises so much reward in this world and the next for observing it, and punishment for transgressing it?! Even more so, the Maharz”u says on Rebbe Chanina’s statement, “that all instruments which are used to acquire the Torah and the Torah refines those attributes as it says in the 6th perek of Pirkei Avos, ‘It makes him fit to be righteous, devout, fair and faithful.’ ‘And the Torah clothes him in humility and fear of Hashem etc.’ And one who is crowned with these traits is literally in this world but walking in heaven…!”

If a person is able to attain such pristine character traits from learning and practicing this Torah, and Hashem says this is what will give you a well-meaning life right now, then why wouldn’t you follow it, even if there could be something better in the future?

 It must be that this is the trick of the yetzer hara, the evil inclination, that convinces a person that the next time or the next thing will be better so forget about what you have now, therefore Moshe Rabbeinu is saying don’t think Hashem created a situation like this  for the evil inclination to creep in and convince you to stop following this Torah, (which actually sounds like if He would have made another Torah for the future we would not have been able to overcome this test and Hashem does not create tests that are impossible to overcome,) therefore Moshe is informing us that this is the only Torah, which will bring you a well-meaning life in this world and take you into the next world, for eternity.

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Sefer Chofetz Chaim chapter 10 halacha 1

The topic of this chapter is whether or how one can speak lashon hara about someone who transgressed a mitzva between man and fellow man like stealing, denying a loan, causing injury, embarrassing, or causing pain to others and onaas devarim. If one knows someone else hurt or stole from the other then you should first rebuke the perpetrator and if he doesn’t listen and you know without a doubt that he did not do Teshuva which includes returning the stolen object, paying back damages, or apologizing for embarrassment etc. then you are allowed to tell others about what happened if it will help the victim get his money and to resolve the truth but there are 7 rules you must meet when you tell it to others.

There is an argument between Rabbeinu Yona and the Rambam (accept according to the Lechem Mishna) whether you can repeat what you saw a person do against his friend in all situations, as per the Rabbeinu Yona, or only in situations where money is involved i.e. stealing, physical injuries etc. but if it’s just a matter of psychological embarrassment and pain which just needs an apology then even if he doesn’t repent and ask for forgiveness the Rambam holds you can’t share what you saw with anyone else whereas Rabbienu Yona says you can for the sake of revealing the truth and making sure he doesn’t do this to anyone else. Keep people away from the perpetrator.

The fact that you have to know for a fact that he didn’t return money owed before speaking lashon hara is true by a normal Jew and especially a sage, you have to be sure to not talk up so quick because chaza”l say you can be assured if a sage sinned one day he has repented by the next day but if you know the money wasn’t paid back, even if the sage might feel remorse it’s not a complete Teshuva until payback so it’s lashon hara to spread what happened if it will get the perpetrator even a sage to pay back what is owed and keep people away from him until he fully repents

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Ki Savo – Making an Impression Through Kindness


 At the end of this week’s Torah portion of Ki Savo, following the blessings and curses, Moshe makes an astonishing statement at the beginning of his final address to the Jewish people: “Moshe summoned all of Israel and said to them, ‘You have seen everything that Hashem did before your eyes in the land of Egypt, to Pharaoh and to all his servants and to all his land. The great trials that your eyes beheld, those great signs and wonders. But Hashem did not give you a heart to know, or eyes to see, or ears to hear until this day. I lead you for forty years in the Wilderness, your garments did not wear out from on you, and your shoe did not wear out from on your foot. Bread you did not eat and wine or intoxicants you did not drink, so that you will know that I am Hashem your G-D. Then you arrived at this place, and Sihon, king of Cheshbon, and Og, king of Bashan, went out toward us to battle, and we smite them” (Devarim 29:1-6).

What does it mean that “Hashem did not give you a heart to know… until this day?” Didn’t Hashem directly give them the Torah on Har Sinai 40 years before? He also gave them the greatest prophet, leader, and teacher in history, Moshe Rabbeinu, to help them through all the details and intricacies of the Torah. He had taught them how to observe the Torah for the past 40 years, as well as to transmit the Torah to the next generation. So why only now, on the last day of his life, is Moshe saying “Hashem did not give you a heart to know etc. until this day?” 
 The Sforno has a fascinating take on this issue. On pesukim 3 and 4 he explains, “‘But Hashem has not given you a heart to know.’ Even though He, the Exalted One, attempted through His teachings and wonders to give you a heart to know, as it says ‘That you may tell… that you may know that I am Hashem’ (Shemos 10:2), nonetheless this intended goal was not realized because of your bitterness. ‘And I led you.’ However, after you have seen the many kindnesses done on your behalf in the wilderness that you might know, and now that He brought you to the land of Sihon and Og where you have an inheritance in the land so that you can now establish in them the intended purpose of your settlement, it is proper that from now on you should apply your heart to know.” (Click here for Hebrew text.)
 It would seem according to the Sforno that Hashem did His part to give them the ability and tools to know in their heart how to observe His will; but because of their bitterness they could not accept it until now. But how could that be true? They saw tremendous miracles like the ten plagues in Egypt and the splitting of the Red Sea, which Chazal attest that even the maidservants were on such high level of prophesy equal to Yechezkel ben Buzzi. Indeed, then they experienced the revelation at Sinai when the entire Jewish people in unison accepted the Torah directly from Hashem. How is it possible to say they didn’t have a heart to know until today; especially since they were learning and observing the Torah for the past 40 years in the desert?

We must say that the level of commitment that Hashem was expecting was not achieved until that day when they were placed in a situation that they would start inheriting the land destined for them to acquire, and have the ability to observe all the mitzvos, including those dependent on the land.

But the Sforno says this was only actualized after 40 years of kindness that Hashem showered on them. Without that kindness, the bitterness which impeded on their complete commitment would have stopped them from having the level of a knowing heart Hashem was expecting of them. And it wasn’t just one kindness that
resolved the bitterness in their heart, it took 40 years of kindness to dissolve that bitterness, a show of love and commitment on the part of Hashem. Only then were they fully ready to commit themselves to following the ways of Hashem and passing it on to the next generation.

There are times when a person wants to send a message or get through to someone else, wants to help them do the right thing and convince them of the right path, but with all their proofs and logic, and even displays of power and reliance, it might not be enough if the other individual has some psychological blockage that impedes him from changing his ways and following your direction, even if you are correct. However, we see from Hashem that by showing you care and are committed to the individual by being kind to him or her, not just once but on a consistent basis, then that can remove the blockage and they will start listening to you and commit to changing their ways and lifestyle, because now they see you really care about their wellbeing.

Showing commitment through kindness is a mean to get through to someone on an emotional level even if you have all the proof and logic that you are correct on an intellectual level.

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Sefer Chofetz Chaim chapter 9 halchos 5, 6

Halacha 5: According to the laws of chinuch, educating your children, one has to even make sure from a young age to train them not to speak lashon hara or any other bad talk like cursing or lying. This is extra important for parents to teach their children because the Vilna Gaon says that it is very hard break habits so, especially for speech and character traits fathers should train there children to have positive character traits and refined speech from a young age so that it will be habitual when they grow up and not the opposite, if parents don’t rebuke then children say whatever they want and train them selves to speak lashon hara, lies, and cursing, which is why they continue when they grow up, since it is so hard to break the habit, though not impossible.

 Halacha 6: If someone tells you something you shouldn’t repeat it unless he tells you, it indicates to you that you are allowed to repeat what he said, except for lashon hara, even if he said you can repeat it, of course you can’t. This is based on a gemara in Yoma 4b: “How do you know if someone tells you something you can’t repeat it unless he gives you permission? The pasuk says ‘Hashem spojefrom the Tent of Meeting saying.'” “Saying” means you can repeat it.

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Torah Riddles Test #209

 2.      Question: Why does the prohibition of mechamer only apply to animals but not to slaves?

Background:

A. The melacha of Mechamer is the prohibition to command or lead your animal to do a melacha for you, for example instructing your donkey to walk while it has packages on it’s back or while a hoe is attached to it and inevitably the ground will be plowed.

B. There is a positive mitzvah on the owner to rest one’s animal and slave on Shabbos. The question is why doesn’t the negative mitzvah also apply for the slave?

C. A slave has free choice but an animal doesn’t, however when a slave does listen to the master it should be no different than the animal?

 D. The Ra”n and Rashba, arguing on the Minchas Chinuch hold that the prohibition of mechamer also applies to an animal which does not belong to you since it is doing a melacha on your command, you caused it to moved and it’s as if you did the melacha. But the Minchas Chinuch holds this only applies to your own animal because the verse says “and your animal”.

 Answer: Since a slave has free choice, even though he will do work on the owner’s command but it’s not like the owner itself is doing it, because the slave decides to listen to the command. But by an animal doing work on command of it’s owner or anyone’s command then it’s as if the person himself did the action because he caused the animal to do it without any other outside factors like a decision by the listener, so he transgressed the prohibition.

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Torah Riddles Test #208

1.      Question: Why would the Har Tzvi say that writing one letter on copy paper/carbon paper which will copy itself on the next page is not considered writing two letters on Shabbos but erasing the bridge on the letter ches, turning it into two zayins is considered writing two letters on shabbos?

Background:

A. The Tilale Sadeh hold these two cases are comparable to each other so on the contrary by the ches which the bridge was erased it should not be as bad because you didn’t even write one letter and nevertheless you are liable because we go by the result which was creating two zayins, so all the more so if you wrote one letter and the letter was copied on the next page you should be liable for writing two letter, so why is the Har Tzvi unsure of the comparison?

B. One is only liable for writing on Shabbos if two letters were written.

Answer: Granted by erasing the bridge on the ches which creates two zayins one is liable on shabbos because you don’t have to literally write two letters, if one creates two letters which ever way one is liable because he actually created two zayins which were not there until now, it was just made all at once when the bridge of the ches was erased. But when writing one letter on this copy paper only one letter is really being written it’s just an impression of it is made on the next page, meaning two letters weren’t really written, rather only one was written and imposed on the next page so really only one letter was written so not liable for writing on shabbos. [/exapnd]