Author: Rabbi Milder

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Torah Riddles Test #159

2.    Question: If the Shulchan Aruch (Orach Chaim 673:2) says that the lighting if the Chanukah lights is what does the mitzvah then why do you have to relight without a blessing if you blew it out on purpose though you don’t have to relight at all if you blew it out by accident and certainly if it went out itself?

Background:

A. The Mishna Berura (25) adds that if you lit it in a place which will automatically go out like in a windy area then you should relight it in a proper area (that can potentially allow it to stay lit for 30 minutes.)

B. The Mishna Berura (26) says that even on eve Shabbos if it blew out before sunset you technically still don’t have to relight because the rabbis enacted the mitzvah to be done with a blessing in a fashion that the mitzvah would start before sunset though on all other days it should be lit afterwards.

  Answer: The Avnei Nezer says that since he lit with proper intent then blowing it out by accident, without intent can’t nullify the lighting that was done with proper intent. But when blowing out on purpose and with intent then you are nullifying the act of lighting. Rav Moshe Feinstein explains that since you blew it out on purpose the one seeing that will say it was originally lit for his own personal need, why else would he blow it out. It’s the samething as lighting outside and the bringing the menorah inside where the Mishna Berura (675:1:5) says you don’t fulfill your mitzvah because people will say you lit for your own need, not for the sake if the mitzvah. (See Dirshu Mishna Berura 673:3 note 40)

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Torah Riddles Test #158

1.    Question: Why can’t the shamash on a menorah which is less than ten tefachim which is about 35 inches from the ground be lower than the rest of the lights?

 Background:

A. The shamash is used to light the Chanukah lights and is the extra candle to benefit from because you can’t get benefit from the Chanukah lights which are set aside to remind us of the miracle.

B. The shamash can be higher, lower, set apart or in front or in back of the rest, anything to show that it’s not part of the mitzvah lights.

 Answer: Below ten tefachim is so low that it’s not really usable as light so it can’t be used as a shamash. (See Dirshu Mishna Berura 673:1:20:25)

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Sefer Chofetz Chaim chapter 6, halacha 11, footnote 30

The Chofetz Chaim says there are many details defining what being concerned over lashon hara might mean which will be discussed in more detail in the last chapter, but the general rule is that you can take proper precautions to defend yourself or others but under no means are you allowed to take any actions against him, whether physically hurt the potential threat or disgrace and embarrass him in any way as long as it is unclarified.

The Chofetz Chaim brings down a responsa from the Mahari”k (chapter 188) which is a live illustration of going beyond being concerned. There a story a poor old Jew named Reb Aharon Ruskia who a woman spread rumors that he was adulterous with her and people ran him out of town by publicly embarrassing him and not even allowing him to get an aliyah in shul. When the Mahari”k heard about this he was furious and said it’s a great sin to believe this cursed woman! A person who embarrasses and denigrates a descendant of Avraham, Yitzchak, and Yaakov, treating him lightly in your eyes, is considered disgusting in the “eyes” of Hashem and will be greatly punished! There is no worse embarrassment then what was done to Reb Aharon, the way he was treated by not giving him an aliyah. Furthermore, the Gemara in Bava Metzia 58b proves from the episode of King Dovid and Batsheva, when Doeg and Achitofel tried talking out and embarrassing King Dovid in public, that embarrassing someone in public is worse than adultery. For King Dovid said, even if I was adulterous (which he wasn’t) then that deserves the capital punishment of strangulation but still he would a get a share in the World to Come but one who embarrasses another in public has no share in the World to Come (if he doesn’t repent before he dies.) Therefore, you have to be very careful and thoroughly check out the matter before you come to conclusions that a person did a wrongdoing which deserves such severe punishment like public excommunication.

Being concerned for what you heard does not mean to be on the offensive and taking action against the would-be perpetrator, it only means to be on the defensive. One must be very carefully when telling others of a possible threat to be sure they will just listen and take precautions on the defensive because if you see they will go on the offensive then you cannot warn then since the whole reason you are allowed to warn then is because of the verse “Love your neighbor as yourself” just as you would not want any harm done to yourself then you should inform others who might be in harm’s way. However, if you know the people you will tell will go on the offensive and hurt or embarrass the would-be offender then why should his blood be any redder than their blood and the mitzvah of “Love your neighbor as yourself” will apply to the possible offender because he might be a threat to others, but they are definitely going to be a threat to him so it’s better. It to tell them anything.

Bottom line you can only be concerned about lashon hara you heard to be on the defensive but not to act on the offensive.

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Chanukah – Lights of Joy

In honor of the upcoming shloshim of Rebbitzin Evelyn Yachnes, Chana Chaya bas Chaim A”H. Sponsored by some family members  who would like to sponsor the insightful divrei Torah of Rabbi Dovid Shmuel Milder. It is extremely appropriate that this venue should be a zechus for our mother whose ideals are closely connected to the lessons and mussar that Rabbi Milder expresses so well. Thank you so much for this opportunity.

“What is Chanukkah?  That [which] our Sages taught: On the 25th of Kislev – the days of Chanukah, they are eight, not to eulogize on them and not to fast on them, for when the Greeks entered the Temple, they polluted all the oils in the Temple, and when the Chashmonaim dynasty overcame and defeated them, they checked and they found but one cruse of oil that was set in place with the seal of the High Priest, but there was  only [enough] to light a single day. A miracle was done with it, and they lit from it for eight days. The following year [the Sages] fix those [days], making them holidays for praise and thanksgiving” (Gemara Shabbos 21b).

When the Greeks entered the Beis Hamikdash they seemed to have defiled everything inside, including all the utensils used to prepare and process the sacrifices, as well as the Shulchan, etc. Chazal even say the Greeks sacrificed a pig on the Holy Alter. Why then does the gemara emphasize the oil and menorah?

Chanukah literally means dedication. This holiday specifically celebrates the rededication of the Second Beis HaMikdash in the times of the Chashmonaim after they recaptured it from the Greeks.

There were actually seven dedications recorded in Jewish History. The medrish Pesiksa Rabasi DiRav Kahana states, “How many Chanukahs are there? There are 7 Chanukahs. They are:

  1. The dedication of the heaven and earth, as it says, ‘Thus the heaven and earth were finished’ (Breishis 2:1). What chanukah was then? ‘And G-D set them in the firmament of heaven to give light’ (Breishis 1:17).
  2. The dedication of the wall, as it says, ‘And at the dedication of the wall of Yerushalayim’ (Nechemiah 12:27).
  3. The dedication of the exiles [when they rebuilt the second Beis HaMikdash], as it says, ‘And they offered up for the dedication of this House of God’ (Ezra 6:17).
  4. The dedication of the kohanim where we light [the Chanukiah].
  5. The dedication in the World to Come as it says, ‘I will search Yerushalayim with candles’ (Tzephania 1:12).
  6. The dedication [of the Mishkan] by the princes [of each tribe], as it says, ‘This is the dedication of the alter’ (Bamidbar 6:84).
  7. The dedication of [the first] Beis HaMikdash, that which is referred to in Tehillim ‘A Psalm – a song for the dedication of the Temple – by Dovid’ (Tehillim 30:1), (Psiksa Rabasi DiRav Kahana, Piska DiChanukah, paragraph 2).”

The Pesiksa DiRav Kahana repeats this list but in a different order, at the end of the chapter in paragraph seven. The order is chronological, ending with the dedication in The World to Come which will come at the end of days. The Maharz”u says that the medrish repeats the list in order to end off the chapter with words of blessing, as it says, “And the dedication of the World to Come which it will also have candles as it is written, ‘And the light of the moon shall be like the light of the sun, and the light of the sun shall be sevenfold’ (Yeshayahu 30:26).”

The Rada”l, Rav Dovid Luria zt”l, has his explanation of the repetition of the list. He says that at first the purpose of the list was to show the 7 times the word chanukah, dedication, was used. It is just that by the creation of the world, and what will happen in the World to Come, the word chanukah is not used, but since there were and will be candles, that is enough because they are normally lit for the joy of light of the dedication. Then the list is repeated to emphasize that each dedication had lights and candles, including the dedication of creation which had the celestial lights – the sun, moon, and stars. There was also a special light throughout the seven days of creation shining for the joy of dedication. The dedication of the Mishkan by Moshe Rabbeinu and the dedication of the first Beis HaMikdash by King Shlomo (as well as the second Beis HaMikdash) had the lighting of the menorah. By the dedication of the wall around Yerushalayim it states, “To perform the dedication with joy” (Nechemiah 12:27), referring to candles for joy as it says, “It was light and joy.” The paragraph concludes with the Chanukah of the Chashmonaim which was with candles and the dedication in the World to Come which will be with candles. (Click here and here for Hebrew sources.)
We see from here that, by definition, a proper dedication must be done with candles or a controlled light substance like the sun, moon and stars. Hence, Chanukah, the rededication of the Beis HaMikdash after it was defiled by the Greeks, is commemorated with lights, for that is what is most important in a dedication. For this reason, it would seem, it was worthwhile for Hashem to make a miracle to ensure the dedication takes place properly and with the utmost joy.

Why are lights so important for a dedication? It would seem from here that light has the inherent value of bringing joy. It is known that the ability to see clearly with proper lighting makes people feel more comfortable and happier. In places where it is cloudy and gloomy, or the sun does not come up for parts of the year, it is known that people there are more prone to depression and sadness. In fact, the Shulchan Aruch says that one who cannot afford to buy both Chanukah and Shabbos candles should buy Shabbos candles for the sake of peace the house. The Mishna Berura adds that nowadays, when we light our candles inside the house, it is better to buy a candle for Chanukah, because you won’t be sitting in the dark, and even though you are not supposed to benefit from the Chanukah light, it is considered a time of danger nowadays and the  candle can be lit for Chanukah on the table inside, though one will inevitably gain benefit from it. However, most poskim hold one should not differentiate between the times of the gemara and today so even nowadays if one can only afford one candle it should be for Shabbos(Mishna Berura 678:1:2).

Light sheds piece of mind and happiness to all within its arc. It is most appropriate to have a beginning or even a reopening with lights in order to start with a sense of joy. Thus, Chanukah had to commemorate the miracle of lights because there is no inauguration without lights. Chanukah celebrates that feeling of joy, magnified by Hashem’s miracle, which was radiating from the lights.

May we feel a sense of renewed happiness in our lives this Chanukah!

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Torah Riddles Test #157

2.    Question: Why can you open and close the door on Shabbos even if the Chanukah menorah is mounted on it but if you lit your menorah on the table, the table is muktzah and cannot be moved the entire Shabbos?

Background:

A. The Mishna Berura (277:1:7) says the reason why the door isn’t muktzah is because it’s of great value since it is used for the house and is nullified to the house and not to the candles.

B. By Shabbos candles the Mishna Berura there (si’if katan 18) say that if Twilight (bein hashmashos) there is challahs or other things needed for shabbos on the table and the shabbos candles are also there the table is a base for permitted and forbidden things and can be carried with the candles to a different place if the table is needed elsewhere assuming you can’t push off the muktzah stuff, i.e. the candles.

 C. Rav Elyashiv poskined that even if there is something more valuable which is permissible on the table when the Chanukah candles were lit there going into Shabbos still the table cannot be moved even after the candles go out.

 D. On any night candles cannot be moved until after the mitzvah is done and on shabbos they can’t be moved until after shabbos.

 Answer: The difference between a door and a table is that the door is considered part of the house which is part of the ground which can’t become muktzah but a table is an object which can become muktzah if it was set aside before shabbos to be used for something forbidden so since the table is being used for chanukah candles from before shabbos and is forbidden to be moved because of the Chanukah light then that supersedes even any important permissible thing from permitting the table to be moved on shabbos since the state of muktzah started from before shabbos whereas normally it starts as shabbos comes in.

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Torah Riddles Test #156

1.    Question: Why do we differentiate blessings between one vessel and more vessels when dipping them in the mikvah but when lighting Chanukah candles we say the same blessing whether for one candle or more?

Background:

A. The Pri Megadim says we say “lihadlik ner” in singular form for all nights of Chanukah so that we don’t differentiate between the first day and other days of Chanukah.

B. The Mishna Berura (263:22) quotes the Pri Megadim to say that for Shabbos candles we say “lihadlik ner shel Shabbos” no matter how many candles you light because the main obligation is one candle. Technically you only have to light one candle a night on Chanukah too.

C. For dipping vessels into the mikvah you say “al tevilas kli” for one and “al tevilas keilim” for more than one. (Dirshu Mishna Berura 676:1:1:1)

 Answer: By tevilas keilim each vessel is a separate obligation so one should say it in plural for to bless Hashem for each mitzvah you do but by Chanukah each added candle is only beautifying the mitzvah, though that becomes part of the mitzvah but since technically only one candle is needed per night then we stick to singular form for the blessing.

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Sefer Chofetz Chaim chapter 6 halacha 10 footnote 25  

There is a difference between being concerned and taking proper precautions about something you heard and having a doubt about someone after you heard something about him or her. A concern and a doubt are two different things which must be differentiated. You can have concerns but you can’t have doubts just because you heard rumors or lashon hara.

This is illustrated from a gemara on daf 61a which tells a case of two Jews from the Galilei who rumors had it were murderers. They came to Rabbi Tarfon and asked him to hide them from the Roman Government. Rebbe Tarfon told them I can’t hide you be I have to be concerned that maybe you are murderers and the government will be out to get me for hiding criminals but I will not turn you in and my advice to you is to go hide yourselves because I can’t have a doubt that you might be murderers since every Jew has an assumption of being kosher good people until proven otherwise. This is the difference between a concern and a doubt. The Rosh asked a question how can we even be concerned that the rumors or lashon hara might be true and allow harm done to someone like if he was caught by the government?

The Chofetz Chaim has a few answers to that question in this footnote and towards the end of footnote 28. One of them is that it comes out one can only be concerned when what he hears will effect him or others like in this gemara that if these people were murderers then by protecting them it might put others in danger so can’t actively protect them but can’t turn them in because maybe they aren’t murderers. But let say the case last week of the guy who rumors say he ate non-kosher out of spite of Hashem then can’t be concerned about the rumors and not give him charity if he needs or redeem him if he is captured since it is just rumors even if he was known to be bad in other ways but just not so bad.

Another way of answering for Rebbe Tarfon was that the only reason why he didn’t save them was because he knew they can save themselves but if they couldn’t then he would have to protect them even if the government might go after him because the Torah says “don’t stand over the blood of your friend” you have to help any Jew in need even if they are suspect of doing really bad until it’s been proven they actually did it. This happens to be a very sensitive subject which might clarify how Jewish institutions seem to protect or hide would be Jewish criminals but until they are proven to be guilty of wrongdoing then we have to assume he is innocent even if he has a shady past we have to assume he has slipped so low until proven otherwise and you can’t even have doubts. However at the same time they and everyone should be concerned that the rumors or allegations might be true in order to take precautions to protect yourself and others from potential danger on any level.

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Vayishlach – In the Worst-Case Scenario

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.
Yaakov, preparing to meet his brother Esav, on his way back to Canaan, prepares himself for the worst possible scenario, as reported in the beginning of this week’s Torah portion of Vayishlach. “The angels returned to Yaakov, saying, ‘We came to your brother, to Esav, and he is also coming toward you, and four hundred men are with him.’ Yaakov became very frightened and was distressed; so he divided the people who were with him and the flocks and the cattle and the camels into two camps” (Breishis 32:7,8).

The Lesson the Ralbag learns from here is that it is fitting for a person to always be afraid and to judge things through the lens of the worst possible scenario, in order to focus on how to escape them. We see this from the fact that when Yaakov  heard about his brother Esav coming towards him with 400 men, he was afraid that Esav was coming to hurt him, despite having been guaranteed by Hashem that He would protect him and be with him. Indeed, Yaakov could have assumed that Esav was coming out with all of his men in order to show honor to Yaakov and to protect him. But still Yaakov used all of his brainpower to strategize how to save his family as best as possible. (Click here for Hebrew text.)

This is quite astonishing?! What happened to judging others favorably? Why must we always be afraid and imagine the worst possible scenarios that might befall us? Won’t that lead to anxiety and depression? What happened to serving Hashem out of Joy? Above all, what happened to the concept of bitachon, trust in Hashem? Especially in this case, where Hashem had assured Yaakov that no harm would be done to him and that Hashem would be with him? Even if you say Yaakov wasn’t sure whether he deserved being protected then his response should be to try to act more appropriately and gain assurance to be protected by Hashem, but not to take matters into your own hands?

We see an incredibly new insight into hishtadlus, our own efforts in life. We must say that part of serving Hashem is to put every effort into taking care of ourselves, within our natural boundaries. Even though having emuna and bitachon, belief and trust in Hashem, are very important mitzvos yet there is also a mitzvah for us to take care of ourselves within the boundaries of the world around us. Therefore we have a mitzvah to think of all possible scenarios, even the “worst-case scenario,” and take measures to ensure that it does not come to pass. This is part of our service of Hashem, even if Hashem tells us nothing wrong will happen to us. However, the feeling of fear one should always have is only healthy if it is being channeled into figuring out how to help yourself. But if you start feeling helpless and stressed out, that is a sign that you are not doing the right thing and one should then power up his faith in Hashem.

It is a mitzvah to have a tremendous amount of emuna and bitachon for one’s emotional state of mind but part of that faith in Hashem is the obligation to always be afraid something wrong might happen and one has to put in all his efforts to be sure he physically is able to survive to the best of his ability.

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Torah Riddles Test #155

2.       Question: Why on Chanukah is it beautifying the mitzvah by using bigger wax candles but it’s not beautifying the mitzvah when adding more oil into the cup to burn for more than the half hour allotted time for the mitzvah?

Background:

A.      The Mishna Berura (675:2:6) says there is no mitzvah to put in enough oil to last more than a half an hour but with wax candles their is a beautification of the mitzvah when having longer candles but they shouldn’t be too big.

 Answer: The Magen Avraham (there si’if katan 3) says there is an intrinsic beauty to longer candles that makes the mitzvah look nicer but oil is oil no matter how much was put in and once the half an hour is gone one can technically use that oil because it’s not being used for a mitzvah anymore so there is no intrinsic value to more oil. [/exapnd]

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Torah Riddles Test #154

1.       Question: How can Tosfos (Kiddushin 16a “Leima Ley”) say that a Jewish slave can go free by his master just declaring him ownerless just like a non-Jewish slave?

Background:

A.      Shmuel holds a non-Jewish slave goes free even by his master just declaring him ownerless. Even according to the opinion that the slave needs a document of freedom that is only to remove his prohibition of marrying a Jewish girl but a Jewish slave can be married to a Jewish girl.

B.      The Pnei Yehoshua’s question on Tosfos is that the way a declaration of ownerless works is that anyone whether rich or poor, man, woman, etc. is able to acquire the ownerless object. Potentially by the non-Jewish slave anyone can really pick him up once ownerless, but practically speaking he acquires himself for freedom, but potentially if he did not want to do so then he can become  slave of someone else. However that does not work by a Jewish slave, once he is free, automatically only he has rights to himself, so he never could potentially be owned by someone else and therefore the rules of hefker, making things ownerless should not work by a Jewish slave?

C.      The Torah doesn’t allow the laws of acquisition, zechiah, to work on a Jewish slave. The temporary owner cannot even sell him to another master.

 Answer: Granted the Torah just doesn’t allow him to be acquired by anyone but that’s just a technicality, the slave himself and the owner potentially had in mind for anyone to take him when the owner declares him ownerless so the laws of hefker can work. Only if the owner limits who is allowed to take what he declares ownerless will the laws of hefker not work.