Author: Rabbi Milder

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Torah Riddles Test #177

2.    Question: Why can you have a snack before fulfilling the mitzvah of lulav and esrog if it’s delayed coming to you but if you are going to a later minyan to hear megilla you should not even snack until after you hear megilla?

Background:

A. The fast of Taanis Esther ends at nightfall but you shouldn’t eat anything until after you fulfill the mitzvah (of megilla) just as you shouldn’t eat anything until after you fulfill any other mitzvah like lulav or shofar etc.

 B. There is more of a mitzvah to fulfill the megilla reading in a congregation in order to publicize the miracle.

 Answer: You can taste before lulav and esrog if there is a delay because it’s a mitzvah you do by yourself. But megilla should be read in a group and we are concerned even if you eat a snack you might miss the mitzvah all together or at least the start of the reading, which means you’d have to hear it again by yourself not in a group. (Dirshu Mishna Berura back page 131 footnote 32)

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Torah Riddles Test #176

1.    Question: How is it possible to fulfill the mitzvah of matanos li’evyonim when giving it to a father and son where the son is still dependent on the father?

 Background:

A. The mitzvah of matanos li’evyonim is two give money enough for a meal to two people.

B. The Aruch HaShulchan (693:2) says that if you give to a husband and wife or a father and son or daughter who relies on their parents for food it is not considered giving to two poor people, rather to only one poor person.

  Answer: The Responsa Hisorirus Teshuva (3:489) says that if you give the father and son on condition that the father has no permission to touch the son’s portion then you fulfill the mitzvah. (Dirshu Mishna Berura back page 134 footnote 13)

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Teruma/Purim –

Grace and a Good Name > Money
In the beginning of this week’s Torah portion of Terumah, Hashem tells Moshe, “”Speak to the children of Israel, and have them take for Me a gift…” (Shemos 25:2). The Medrish says that this alludes to the fact that in reality everything belongs to Hashem. The Maharz”u points out that this is the message the following Medrish Rabba gives when it connects this portion to Purim.

The Medrish Rabba in the beginning of Parshas Teruma quotes a pasuk from Mishley, “’A good name is more choice than great riches and beneficent grace than silver and gold’ (Mishley 22:1). [One of the things the medrish says] this pasuk relates to is Mordechai’s name being of choice more than the wealth of Haman. Rebbe Yoshia asked, ‘What did this wicked person (Haman) do?’ He took out all his silver and gold (The Etz Yosef said it really means most of his money) and gave it to Achashveirosh. Hashem told him ‘A good name is more choice… and beneficent grace than silver and gold.’ Esther’s grace was more choice, as it says, ‘that she [Esther] won favor in his eyes’ (Esther 5:2). When the wicked one (Haman) came with his money, the king said the money is given to you. Hashem said, if you sell what’s mine with what is mine, as it says ‘For My servants are the Jewish People’ (Vayikra 25:54), it also writes, ‘Mine is the silver, Mine is the gold’ (Chaggai 2:8), therefore Hashem swore, by your life when you said the money is given to you etc. rather, ‘On that day King Achashveirosh gave to Queen Esther the house of Haman’ (Esther 8:1), (Shemos Rabba 33:5).” (Click here for Hebrew text.)
Haman was extremely rich, in fact the Medrish says elsewhere in the name of Rebbe Pinchas that there were two rich people that stood out in world history, one Jewish and one non-Jewish, and their wealth was only for their bad. Korach, the Jew, found the treasure house of silver and gold that Yosef had accumulated and hidden. Haman, the gentile, found the treasure house of the kings of Yehuda. When King Achashveirosh saw his wealth and that his ten sons were ministers, he promoted Haman to a very high position (Esther Rabba 7:5). The Etz Yosef there in fact points out that Haman was a lowly advisor, known as Memuchan, who was listed last of the advisors in the first perek of megillas Esther. He was the one who gave advice to get rid of Vashti. It would seem that King Achasveirosh might have promoted Haman so that he can somehow get to Haman’s wealth, which in fact happened because the Medrish we saw in parshas Terumah says that Haman actually gave most his wealth to Achashveirosh as payment for letting him destroy the Jewish people but,as the Yefeh Toar points out, Achashveirosh gave it back to Haman as a deposit until Haman finished his job, as it says, “And the king said to Haman, “The silver is given to you,” (Esther 3:11), instead of saying “to him, it shall be given to you” which would have implied that Achashveirosh was paying Haman to kill the Jews. The Yefeh Toar concludes that with all the money Haman was willing to give to Achashveirosh to kill the Jews,  Achashveirosh still picked Esther’s grace over all that money Haman was watching for him. The Etz Yosef also points out that Mordechai’s good name, that was mentioned in Achashveirosh’s chronicles for saving his life, was considered more worthy than Haman’s wealth to the extent that he belittled Haman and disgraced him by having him lead Mordechai on the king’s horse through the streets of Shushan.

We must take this into perspective. King Achashveirosh had a tremendous lust for money as we saw from his extravagant parties in the beginning of the Purim story and he had in his grip most of Haman’s wealth still in all he risked throwing it all away and insulting Haman by forcing him to lead his archenemy through the streets of Shushan calling out Mordechai’s honor all because Mordechai saved his life.

As for Queen Esther, what was the grace that won over Achashveirosh? The Malbim relates that in fact Achashveirosh loved Esther so much that he never thought that the law which said nobody can enter the king’s courtyard without his permission applied to her and when he saw her sheepishly standing by the entrance, granted he felt he did not have to stretch out his scepter to allow her jn, but in her humility standing by the entrance to the courtyard, not barging in, that found favor (or grace) in his eyes, for he saw that this was  righteous humility in her heart, that she didn’t realize she did not have to abide by this law, therefore he stuck out his scepter as to accept her and whatever wishes she would ask for. Esther’s timid and modest character is what in fact caught Achashveirosh’s attention and made such an impact that he felt he had to grant whatever she asked for. In the end the Jews were saved, Haman was killed, and although he had such a crave for money, he gave all of Haman’s house and wealth away to Esther who in turn gave it to Mordechai. (Click here for Hebrew text.)

Besides seeing the clear picture that Hashem can orchestrate anything because He is the Almighty, we are His people and this was all His money that He can do what He wants with, however we also see that no matter how much of a draw and a desire the thirst for money is, a good name and a graceful character are more valuable.

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Torah Riddles Test #175

2. Question: According to Rav Moshe Feinstein why can a man who already heard megilla read it for a woman who has not heard megilla yet even according to the opinion that she is not part of arvus, every Jew is responsible for another which is why one can fulfill a mitzvah for someone else even if he already fulfilled the mitzvah himself?

Background:

A. The Digul merivivah says that women didn’t accept responsibility for each other to make sure we accomplish mitzvos, at Har Gerizim and Har Eival when we received the blessings and curses before entering the land. According to this opinion a man cannot fulfill a mitzvah for a woman, like kiddush or megilla, if he already fulfilled the mitzvah himself. He can’t do the mitzvah again.

B. Reading the megilla publicises the miracle. There is a mitzvah you get when publicizing the miracle.

 Answer: In the Igros Moshe (Orach Chaim first part chapter 190) Rav Moshe says that by megilla reading one who already read can help others fulfill the mitzvah even without the concept of arvus since the reading is to publicize the miracle and one who already fulfilled the mitzvah of reading still has a mitzvah to publicize the miracle as much as possible, so he still considered part of the mitzvah and can help others fulfill the mitzvah of reading megilla even if the concept of arvus doesn’t apply to them (See Dirshu Mishna Berura in back page 127, footnote 10).

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Torah Riddles Test #174

1. Question: Why does one have to stand with the baal korei when he is saying the blessings on the megilla for you but he does not have to stand with the baal tefilla when he is saying the blessing for the omer for you?

Background:

A. Rav Dovid Cohen based on the teachings of the Chazon Ish said that the concept of “listening is like saying” is not just that he is saying it for you but by listening it’s as if you are saying it yourself.

B. Part of the mitzvah of saying the omer with the blessings is standing, just as hearing what’s being said is part of the mitzvah.

 C. One can technically sit when reciting and definitely listening to the megilla but should stand when saying the blessings.

 D. The concept of “listening is like saying” (שומע כעונה) applies to the mitzvah that the other is helping you fulfill but, for example people should stand during chazaras hashatz according to the Rema 124:4 out of respect for the blessings the chazzan is reciting when repeating shemone essay out loud and by doing so it’s as if the congregation says it based on “listening is like saying”.

Answer: By the omer since standing is part of the mitzvah so if the chazzan stands for you then you fulfill the mitzvah but by megilla the standing isn’t part of the mitzvah, you can really sit but out of respect for the blessing everyone should stand so it does not help if the one saying the megilla stands for you (See Dirshu Mishna Berura 690 footnote 2).

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Mishpatim – Excuses, Excuses, Excuses…


In an introduction to this week’s Torah portion of Mishpatim, the Rashbam mentions that even though the specific halachos gleaned from the Torah portion are the most important thing, which could be found in the Talmud and is brought by his grandfather, Rashi’s commentary on the Torah, here in there, but the Rashbam is coming to explain the basic understanding of each pasuk, and therefore he will explain each mitzvah and law according to derech eretz, the proper mussar lesson, i.e. character development, that can be learned through the general understanding of the pesukim. (Click Here for Hebrew text.)

As an example, within the Torah portion there is the discussion of the laws of damages, including damages due to a pit. “And if a person opens a pit, or if a person digs a pit and does not cover it, and a bull or a donkey falls into it, the owner of the pit shall pay; he shall return money to its owner, and the dead body shall be his” (Shemos 21:34, 34). The Gemara in Bava Kamma 51a asks why the Torah has to mention both opening and digging a pit, for if one is liable for opening a pit, all the more so he should be liable for digging a pit? The Rashbam on the Torah answers this question saying, “When a person opens a pit which is deep and finishes his job already and is negligent and does not close the pit, or even if a person digs a pit and does not cover it each day by nightfall when he finishes his work, since he has to enter it the next day and dig some more, and it’s a hassle for him to cover it each day, nevertheless he is liable.” 
The Rashbam is answering the gemara’s question by saying that if one is in the midst of digging a pit, let say at a jobsite, he has every excuse, which might even make sense, or he can at least convince himself he has a logical argument of why it’s not worth covering the pit at the end of every workday as long as he has not finished the job yet. Maybe he blocked it off, put warning signs next to it, but to properly cover it, why should that be needed; what could really happen from now until the job is finished? The Torah is emphasizing that this is a lazy excuse, and one must take proper precautions to remove the potential damage one creates, even if it means covering and uncovering the pit each day until the job is done.

The Chizkuni alludes to the point the Rashbam is making and then explains in more detail the parameters of this damage. There is an important lesson that will be learnt through our responsibility to act as cognizant, mindful human beings. The Chizkuni says, “Either when a person opens a pit which was already finished for some time, or even if he digs a pit now and does not cover it in the evening because he wants to come back to it the next day to do more work of digging in the pit and he does not cover it [then he is liable]. But if he covers it then he is exempt, but only if it was covered properly. What is considered properly? Heavy enough for a wagon carrying stones to be able to ride over it, as stated in the Gemara Yerushalmi Bava Kamma 5:6, ‘Don’t make a hole under the street unless a wagon carrying stones can ride over it.’ Now if an ox falls into the open pit [then there is liability], but not if a person falls in because a person is a mindful being who would be watching where he is going, so if he falls in, he is the cause of hurting himself. The pasuk also mentions a donkey, to exclude vessels, for vessels don’t move without the protection of a person, and since he didn’t watch them well, he caused a loss to himself.” (Click here for Hebrew text.)
The Chizkuni explained all the basic laws of damages due to a pit. Whether a person opened a pit that was completed a while ago, or he is in the midst of digging a pit and is too lazy to cover it at the end of each day, which is granted not easy to do because the covering must be heavy and sturdy enough to hold a wagon carrying stones going across it. However, liability is only for animals that fall into it or tripped over it; injuries to human beings and their possessions who are not animals that have a “mind of their own,” the one responsible for the pit is exempt for those damages in general because a person is expected to have enough sense to take care of himself and his possessions and be cognizant of his surroundings.
One can still wonder why this is true, for the person who opened or dug up the pit was acting negligibly by not covering it up properly, and even with all his excuses and rationales he is still liable if an animal gets hurt by the pit. So why should human injury and his vessels be any different? The pit owner was still negligent, that hasn’t changed; why should anyone else be more careful, shouldn’t it be the person who dug up or opened the pit’s fault for causing such an obstruction and danger in the street?

We see from here, and when looking into the matter this is true by other damages as well, that Hashem expects human beings to use the gift He gave us of intellect and thought in order to be cognizant of our surroundings and to take proper precautions to not hurt anyone, but also not to get hurt when it can be avoided. It does not make a difference if you are the victim or the perpetrator you are still a human being and there are expectations from Hashem to use the gifts He has endowed us with. Even if there are times when the perpetrator isn’t liable for the damage to the victim because the victim is responsible to take care of himself that still does not exempt the perpetrator from putting in his efforts to avoid the damage, he just isn’t liable if damage happens. If we don’t use our sechel prpoerly then excuses we make up are just excuses.

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Sefer Chofetz Chaim chapter 7 halacha 9 footnotes 16, 17

The next more believable reason why one might think he can believe certain lashon hara is if it was told innocently, meaning “masiach lifi tumo”. The Chofetz Chaim comes out that though this is technically true, that it’s believable to be able to hate the guy whose being talked a out in one’s heart, but you certainly still shouldn’t tell others, and act upon it to cause him a physical or monetary loss because it’s still a degradation of your fellow Jew and even if it’s true you should judge favorably. However practically speaking, it’s very farfetched to have a real pure situation of “masiach lifi tumo” where you can trust what you hear to at least hate the guy talked about in your heart because there has to be no agenda whatsoever to the speaker. He had to have been just shouting and randomly a juicy piece of information which is lashon hara slipped out. A random example I had was if a non-Jew was telling over a story how he saw some guy with side locks, a long coat and a furry hat sitting down to eat a cheeseburger in McDonald’s and he was going on about how him and his friends were making fun of this guy for dressing so weird in the middle of the summer and what comes out of you listening to this is that you figure out a chasid you know ate non-kosher, that’s innocently talking. Now if you asked this non-Jew have you seen this guy around which you described as a chasid in those clothes and he said yes, I saw him in McDonald’s then certainly he’s not believed even if he had no intent of getting him into trouble, that not talking innocently anymore. Also, if you figure out that the speaker might have some agenda like to instill fear into you or to trick you and he’s acting like he’s talking casually without any agenda you still can’t believe him because maybe he’s just a good actor. Also, if let say the speaker was known to hate the guy that he is shouting about and he slips information which seems to be innocently said still it can’t be trusted, not even concerned about because we assume he always has an agenda since he’s an enemy. Innocent talk also certainly doesn’t work if it’s secondhand information because who knows if the first person who said it was talking innocently.

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Torah Riddles Test #173

2.    Question: Why does an onen who has involved himself in the burial of his relative have to repeat shema after he buries the dead even if he said it when he wasn’t supposed to while preparing to bury the dead but if one is in involved in any other mitzvah like a sofer who must be working when it’s time to say the Shema, if he does say it even though he is exempt from saying it while involved in another mitzvah he does not need to repeat Shema when he’s done with this mitzvah?

Background:

A.   The Shulchan Aruch and Rema (Orach Chaim 38:8) say that those who write Tefillin and Mezuzos… and anyone who is involved in “the work of Heaven” are exempt from putting on tefillin the entire day besides by Shema and Shemone Esray. And if they need to do their job during the time, they should be saying Shema and Shemone esray then they are exempt from reciting Shema, Shemone esray and putting on tefillin because any one who is involved in one mitzvah is exempt from another if it would be hard to do the other one but if you can do both without any hassles then do both. The Be’ur halacha there adds in the name of the Ra”n that the Rambam says that even if you can do both you are exempt because when one is involved in doing Hashem’s work the Torah doesn’t bother you and obligate you to perform other mitzvos even if you can. However, the Shaar Hatzion later on (475:39) says that if you do the other mitzvah then you fulfill that mitzvah since he is a person who is obligated in the mitzvah it is just that the Torah doesn’t obligate you to perform it at this time and it’s unlike an insane person if he performs a mitzvah while legally insane, he does not get credit for performing it.

B.   The Mishna Berura (71:3) says that an onen who recites the Shema or hears megillah (see Mishna Berura 696:26) must do it again after the burial. The reason given is out of respect for the dead, so that people won’t say that you don’t care about your dead relative, that he or she died.

[exempt]

 Answer: Respect for you dead relative is different than respect for Hashem. Because if you do one of Hashem’s mitzvos while involved in another one you are still respecting Hashem because they are both His mitzvos therefore even though you shouldn’t do it if you do it, you don’t have to repeat it. But doing another mitzvah besides caring for the dead while you are supposed to be  caring for the dead is a lack of honor to the dead so it’s as if the mitzvah was not fulfilled and therefore must be done again after the first mitzvah is finished. [/exempt]

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Torah Riddles Test #172

1.    Question: Why are you allowed to pass by the entrance of a shul when there is a minyan in progress and we are not worried you are skipping davening if there is another entrance into the building but if there are two entrances on different side of your courtyard you have to light Chanukah candles at both entrances so people won’t think you don’t light?

Background:

A. The Shulchan Aruch (Orach Chaim 90:8) says that it’s forbidden to pass the entrance of a shul on the outside when the minyan is davening because it looks like you deny Hashem since you don’t go inside to daven. Then he lists a bunch of exceptions because they are excuses which prove you aren’t denying Hashem.

B. There is a loss of money when lighting Chanukah candles.

Answer: The Beis Yosef (Tur Orach Chaim 671:8) in his second answer says that since there is a loss of money involved by light Chanukah candles then people will suspect that if you didn’t light on one side maybe you didn’t light at all to save money but by davening where there is no loss of money then people won’t suspect you of anything wrong if there are two entrances.

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Yisro – Belief in Hashem and Believing in Yourself

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 Yisro, Hashem gave the Torah to the Jewish people at Har Sinai. The entire Torah was embodied in what’s called the Ten Commandments written on the tablets. The first of the mitzvos written on the tablets is: “I am Hashem Your G-d who took you out of the land of Egypt from the house of bondage” (Shemos 20:2).
The medrish, Tanna Dvei Eliyahu (Eliyahu Rabba, perek 26) dissects each phrase of this mitzvah and teaches us a very novel teaching, which is more than just belief in Hashem but an application of belief in Hashem emboldening us to make a positive impact on the world.: “’G-d spoke all these words, to respond: I am Hashem, your God, Who took you out of the land of Egypt, from the house of bondage.’ Blessed is The Place Blessed is He who chose the Jews over all the non-Jews and acquired them completely and called them children and servants for His sake. Sometimes He speaks with them in plural form and at other times in singular form and he does this because He loves the Jews and is happy about them. This is what Hashem told the Jews, ‘I was sitting around 974 generations before the world was created whence I carefully thought, deliberated, formed and checked these words of the Torah and from the day the world was created until this time I sit on My Throne of Glory, the third of the day learning Torah, a third of the day I judge the world, and a third of the day I do tzedakah (righteousness) by feeding, supporting and sustaining the entire world. Of all My creations I am the one who put aside the 70 nations in this world and came and clung to you and called you Elohim (powerful being) and associated your name with My Great Name, and I called you My brother My Friend. I was before the world was created, and I am the same One from when the world was created. I am in this world and I am in the World to Come. I will kill and I will make alive, I wounded, and I will heal,’ as it says ‘in order that you know and believe Me, and understand that I am He; before Me no god was formed and after Me none shall be.  I am the Lord, and besides Me there is no Savior’ (Yeshayahu 43: 10, 11). It also says, ‘Behold I am Hashem and there is no other god besides Me, a G-d who is righteous and a savior there is no one like Me’ (Yeshayahu 42). It also says, ‘that I am God and there is no other; I am God and there is none like Me’ (Yeshayau 46:9).”

The Meorei Eish (a great grandson of the Tosfos Yom tov) shows how this ties into the first mitzvah of the Ten Commandments. He says that the point of this medrish is to explain each word of the pasuk: “I am Hashem;” that with the light of His Holy Name He simply creates, lets live and sustains the entire creation from nothing. “Your G-D” who watches over and sustains each individual; we know this because He took us out of Egypt. He created the Celestial Torah before the world was created and through it he created them and now sustains the world with it through His logic of Torah. He feeds the world, which is a general maintenance of everything alive, and supports and sustains everything. This is all derived from the name “Hashem.” Indeed, in explaining “Your G-D,” when the medrish said “I am the one who set aside the 70 nations” Hashem was informing the Jews that he kept special attention and specific maintenance upon them through prophesy, demonstrating for them very lofty and spiritual heights through prophesy. (Click here for Hebrew text.)
When the medrish says, “and called you Elohim (powerful being)” this means we were appointed to control nature, for it to be subjugated by our good actions. Furthermore, the name of G-D as Elokim refers to the fact that G-D is All Powerful, so too within man there are celestial and earthly powers included within us, and man is the pillar of creation, for which the entire world was intended. “And associated your name with My Great Name” refers to the pure soul from on high, that was imbued into every human being. Lastly, “I called you My brother My Friend.” Because through their good deeds they have the power to add the shefa (abundance of holiness), that it will increase in this world, though everything is in the Hand of Hashem nevertheless Hashem decreed that through Mankind’s deeds it will increase. Hashem was the one who said “I am Hashem your G-D” in the Ten Commandments; there were no intermediaries. He is your savior, not an angel, all powerful, who took you out of Egypt.

According to the medrish, why does Hashem let us know that we are also called Elohim, that He imbued us with a soul, a godly element within us, and that He refers to as “My Brother and My Friend?” Wouldn’t this actually detract from Hashem’s greatness and almighty, all powerful existence, which Hashem seems to want to enumerate to us in the first commandment as a complete and true picture of belief and trust in Him?

It would seem that in fact Hashem is charging us with a responsibility to the world which is the purpose and basis for our existence. Hashem has charged us with being “His partner” in sustaining and molding the world for its ultimate good. By knowing and recognizing who we work for, who entrusted us with His precious world to add onto it and mold it into a better place, and that He gave us the power and ability to do so, should empower us to want to live up to the will of our Father in Heaven, our Master, who shares with us His powers and treats us as His brother and friend, a partner in creation. What a responsibility! What an opportunity we have! This is the greatness of man that was specifically charged to the Jewish people when we accepted Hashem’s Torah.

In the First of the Ten Commandments Hashem actually is not just charging us to believe in Him but to believe in ourselves, as an impetus to increase the quality of the world He has created, “though everything is in the Hand of Hashem nevertheless Hashem decreed that through mankind’s deeds the world will upsurge.” This is a very noteworthy introduction and very apropos to our responsibility towards fulfilling and observing the rest of the Torah.