Author: Rabbi Milder

Posted on

Torah Riddles Test #101

1.       Question: According to the Rashash, why would you be liable for planting a mixture of seeds as soon as you put it into the ground but only liable for transgressing planting on Shabbos if you allow the seeds to take root?

Background:

A. Rashash holds that just as one is only liable for baking on Shabbos if it actually baked but not if one put a raw dish in the oven and took it right out so too if one planted a seed on Shabbos he is only liable if he let it takes root not if he took it right out after he planted it.

B. The Sefer HaChinuch (mitzvah 548) says you are liable for planting a mixture of seeds as soon as it goes into the ground even before it takes root. (Unlike Rashi in Pesachim 25a who says that as long as it has not taking root, it’s like just placing two seed into a cup.)

C. The Rashash who holds by planting on Shabbos that one is only liable if it takes root seems to hold that by a kilayim mixture just planting it is a problem according to everyone why would there be a difference between kilayim and Shabbos?

  Answer: To transgress Shabbos one has to do a meleches machsheves, an action which produces a creative result therefore one is only liable for planting once it takes root or has the ability to take root since it stays in the ground, whereas by kilayim, forbidden mixtures the very action of setting up a forbidden mixture is enough to make you liable.  


Posted on

Sefer Chofetz Chaim Chapter 4, Halacha 11 part 1

Today we touched on a very touchy but extremely important topic. Halacha  allows and even expects people to take background checks of there employees, business partners, spouses before getting married and the like before they get involved in a relationship like those. This is permissible because you are doing it for your own good will, in order not to get hurt, or to wind up in major arguments and fights which will lead to a chillul Hashem. This is not lashon hara because your intent is not to denigrate  anyone and you are not placing a stumbling block in front of the blind, lifnei iver, by trying to dig up dirt about a person and asking questions which might get negative answers because this is all for the sake of your own well being. However you are forbidden to decisively believe what you hear, just act with caution and the person talking cannot exaggerate and can tell you only things which are needed for your well-being in this potential situation. For that reason also you cannot consult an enemy or even a competitor of the person you would partner with, hire, etc.because he will for sure lie or at least exaggerate since he hates him or is in competition with him or her. Even if he says he is telling the truth and is only warning you for your own good not because he hates him, you still cannot believe the guy because deep down inside he has negative feeling towards him so you must dismiss what he says if you accidentally hear something from him and certainly try to stay away.

The source of this halacha is based in a gemara in Shevuos daf 39b which discusses a person who entrusted money with another and the entrusted claimed he lost his money but the owner of the money claims he stole it, forcing the entrusted to make an oath. The gemara says they are both punished for what transpired. Rashi there says that the owner should have looked into the person before entrusting him with his own money. The Chofetz Chaim explains that they are both punished because if the entrusted swore falsely that’s a grave sin and if the entrusted was telling the truth the own forced him to make an oath for no reason, either way it resulted in a chillul Hashem which could have been avoided potentially if the owner would have just done the proper research before entrusting his money to this man.

Posted on

Terumah – Cherubs: Conduits to The One On High


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.

We know through Chaza”l that the Keruvim (cherubs) mounted on the Aron (Holy Ark), and woven into the curtain separating the Holy from the Holy of Holies, were angel-like figures. There was a miracle that when they faced each other it was known that there was peace between us and Hashem; but when they were turned away from each other, everyone knew danger was on its way, for it was a sign that Hashem was not happy with the Jewish People. But why were the Keruvim set upon the holiest object on earth, where the Divine Presence came to rest?
Rabbeinu Bachye in this week’s Torah portion of Teruma (25:18) answers this question: “According to the basic understanding the Keruvim in the Beis HaMikdash and Mishkan were a sign and testimony to the concept of angels. For just as we are commanded about belief that The Holy One Blessed Be He is real and this is the first principle of all the principles in the Torah as it writes [in the first mitzvah of the Ten Commandments], ‘I am the Lord your G-D,’ so to we are commanded to believe that angels are real and this is the second principle, because the angels influence the power of the mind and place words into the mouth of prophets at the command of Hashem. If not for them there would be no prophecy and without prophecy there would be no Torah. For this reason the Torah commanded to make keruvim to show that the angels are real. The reason there are two and not one is to be sure people won’t think it is an image of G-D that should be worshiped. If you are worried that people might think there are really two gods, that isn’t a problem, for their wings are spread upwards to accept the abundance of strength from On High. This is the view of the Rambam (Moreh Nevuchim 3:45) on the topic of the keruvim, in short.” (Click here for Hebrew text.)
The Beis HaMikdash and Mishkan were the palaces of Hashem in this world, and the Holy of Holies, where the aron (the Holy Ark) was placed, was where His Divine Presence rested like a king on a throne. Why was it appropriate to place images of Hashem’s servants in such a holy and dignified place? Even more wondrous is that it was done at the risk of potentially causing people to transgress the second mitzvah of the Ten Commandments. “You shall not have the gods of others in My presence. You shall not make for yourself a graven image or any likeness which is in the heavens above, which is on the earth below, or which is in the water beneath the earth” (Shemos 20:3, 4). The Rambam pointed out that they went to great lengths in making two figures with wings pointing up towards Heaven, as if saying Hashem is the All Powerful and is the only source for everything in existence. But why is the Holiest place on Earth, which is essentially “the throne” in this world for the King Of All Kings, the proper place to show that angels are real, even if they are the second most important principle in Judaism?

We must say that by placing the Keruvim on the Holy Ark, it actually enhances the honor of Hashem, by showing that they are the conduit to receive Hashem’s holy influence. It would be disparaging to assume or expect that Hashem deals with us directly, even for matters as Divine as prophecy and the receiving of the Torah. Even Moshe Rabbeinu had to go through the angels to receive the Torah directly from Hashem. A king is always escorted by guards, nobleman, and servants. It is beneath the dignity of the throne to expect that the king will commune directly with his subjects at all times. This is also true for the King Of All Kings, Blessed Be He, The Almighty, who actually can do everything and does run the entire universe and beyond. There are laws and orders to everything, and the acknowledgement of the reality of angels as being a sort of guardsmen, messengers, go-betweens, between The King and His subjects, is a show of enhancement of the honor and respect to Hashem. Which is why they were represented by the Keruvim in the Beis Hamikdash and Mishkan.

Posted on

Torah Riddles Test #100

  Question: Why do we not wait for a Tallis to come if one only has tefillin but we do wait until Motzei Shabbos, Saturday night to say Kiddush Levana?

Background:

A.      The Shulchan Aruch and Rema (Orach Chaim 25:1) says that you should put your Tallis on before your tefillin in order to go up in levels of holiness in this way beautifying the mitzvah. However if one doesn’t have the Tallis with him at the time but knows its coming he should not wait to put it on but rather put the tefillin on first and then the Tallis later. The Magen Avraham (2) explains that though one is sacrificing the beautification of the mitzvah but one shouldn’t push off the mitzvah of tefillin lest he loses out on putting it on in a timely fashion, for a mitzvah done at the right time is more beloved by Hashem.

B.        The Rema (Orach Chaim 426:1) says we should push off the mitzvah of Kiddush Levana until Motzei Shabbos (as long as there is no prolonged concern of overcast) in order to beautify the mitzvah by doing it at a time when we are feeling more joyous, dressed in fancy clothing. (Truth is the Mishna Berura (20) brings many Achronim who say one shouldn’t delay the mitzvah of Kiddush Levana, but there seems to be a contradiction in the Rema that must be resolved!)

C.       What aspect of the mitzvah is being beautified in each case?

Answer: By kiddush levana the beautification is on the mitzvah itself to dress nicely when saying it but by tefillin and tallis it is only a side issue of what comes first to treat the holier one with more respect.

Posted on

Torah Riddles Test #99

1.       Question: Why does Rebbe Akiva Aiger hold you would have to say a blessing on a mezuzah that is already on the doorpost when you move into a house you are newly renting but would not have to say a blessing on the fence that was put around the roof?

Background: A. Rabbi Akiva Aiger holds you have to say a blessing on the mezuzah when moving into the house because it is a new mitzvah for him in this house.

B. There is a mitzvah to put up a fence around the roof or porch if you are able to walk on it so that people won’t fall off.

C. The Birkay Yosef and others who argue on Rabbi Akiva Aiger say that you only make a blessing upon putting on the mezuzah just like upon building the fence.

D. According to Rabbi Akiva Aiger why don’t you say a blessing on the fence since it is a new mitzvah for him in his new house?

 E. Hint: What is the motor that sparks the obligation for each mitzvah?

Answer: By mezuzah what sparks the obligation is the person living in the house so when he moves to a new house he has a new mitzvah which prompts him to make another blessing but by the fence what prompts the obligation is the danger and the previous people living there took care of the obligation so there is no mitzvah taking place right now when he moves in.

Posted on

Mishpatim – A Glimpse into the Jewish Perspective of Slavery

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.

The Torah permits Jews to own slaves, but the way a slave must be treated by his master in Jewish law is very different than our perspective of how slaves were treated throughout history. In terms of a Jewish slave, the Torah opens this week’s portion of Mishpatim with the laws of Jewish slaves.  The Torah begins by saying, “When you acquire a Jewish slave, for six year he shall work, and on the seventh year he goes free” (Shemos 21:2). The master must treat his slave like a part of his household as the gemara in Kiddushin 22a comments: “The Sages taught: The verse states concerning a Hebrew slave: “Because he fares well with you,” which teaches that the slave should be with you, i.e., treated as your equal, in food, meaning that his food must be of the same quality as yours, and with you in drink. This means that there shall not be a situation in which you eat fine bread and he eats inferior bread, bread from coarse flour mixed with bran, which is low quality. There shall not be a situation in which you drink aged wine and he drinks inferior new wine. There shall not be a situation in which you sleep comfortably on bedding made from soft sheets and he sleeps on straw. From here the Sages stated: Anyone who acquires a Hebrew slave is considered like one who acquires a master for himself, because he must be careful that the slave’s living conditions are equal to his own.”  (Click here for Hebrew text.)

The Rabbeinu Bachye and Rashbam tell the reasons why a Jew would be sold as a slave. This pasuk talks about one who the court sold because he couldn’t pay for what he stole, as it writes, “If he has no [money], he shall be sold for his theft” (Shemos 22:2). But a Jew who sells himself as a slave because he is too poor to support himself is spoken about in parshas Behar, as it says, “And if your brother becomes destitute with you, and is sold to you, do not work him with slave labor. As an employee or a [hired] resident, he shall be with you; until the Jubilee year he shall work with you” (Vayikra 25:39, 40). But he shall not have heavily burdensome work or disgraceful work, as it says, “As an employee or a [hired] resident,” just as a hired worker does his skill, so too [the Jewish slave] should do his skill, and just as a hired employee works during the day and not at night so to this [Jewish slave] should work by day but not by night.
The Torah in this week’s portion goes on to say, “If he comes [in] alone, he shall go out alone; if he is a married man, his wife shall go out with him. If his master gives him a wife, and she bears him sons or daughters, the woman and her children shall belong to her master, and he shall go out alone. But if the slave says, ‘I love my master, my wife, and my children. I will not go free,’ his master shall bring him to the judges, and he shall bring him to the door or to the doorpost, and his master shall bore his ear with an awl, and he shall serve him forever” (Shemos 21:3-6). A Jewish slave is treated quite well! After his 7 year indenture he might not want to leave so quickly; indeed, there was a whole ceremony to allow him to stay until the Yovel year (Jubilee 50th year), and the gemara in Kiddushin 22b elaborates, “Rabban Yoḥanan ben Zakkai would expound this verse as a type of decorative wreath [ḥomer], i.e., as an allegory: Why is the ear different from all the other limbs in the body, as the ear alone is pierced? The Holy One, Blessed be He, said: This ear heard My voice on Mount Sinai when I said: “For to Me the children of Israel are slaves.”    And Rabbi Shimon bar Rabbi Yehuda HaNasi would likewise expound this verse as a type of decorative wreath: Why are the door and a doorpost different from all other objects in the house, that the piercing is performed with them? The Holy One, Blessed be He, said: The door and the doorpost were witnesses in Egypt when I passed over the lintel and when I passed over the two doorposts of houses in which there were Jews (Exodus, chapter 12), and I said: “For to Me the children of Israel are slaves,” and they should not be slaves to slaves. And I delivered them at that time from slavery to freedom, and yet this man went and acquired a master for himself. Therefore, let him be pierced before them, as they are witnesses that he violated God’s will (Leviticus 25:55), which indicates: And they should not be slaves to slaves. And yet this man went and willingly acquired a master for himself. Therefore, let this ear be pierced.
Rabbeinu Bachye makes a very keen observation about a person who wants to stay a slave to his master. He says, “It is a known thing that it is customary in the world that the nature of a slave, standing in the control of his master, is disgusted by the very thought of his master, dislikes his life because of his work, and desires to be a freeman. This person who desires to stay with his work and to have a master other than the Blessed Hashem is an absolute nuance! Therefore this judgement comes about, that the master himself who chose this slave, and loved him, should be brought before the court and pierce his ear by the door in order to wound the limb that sinned, for it heard at Mount Sinai ‘Don’t steal’ and it went and stole, or because it writes ‘for Me are the Children of Israel slaves’ (Vayikra 25:55) and not slaves to slaves, and he bought for himself a master. Nevertheless for which ever reason it was, it is considered a sin on his part, for he is estranging himself from His Master on High who is Blessed, who warned him, when he accepted the Torah to not acquire any other master, and he now took off the yoke of that mitzvah.” (Click here for Hebrew text.)
Something incredible is going on here which needs a lot of analysis! Granted, this person did something wrong by stealing and because he couldn’t pay back he was sold into slavery to pay his dues, but first off, that was done by the court. Even the person that chose to sell himself because he was too poor to make ends meet, how can he be faulted for Hashem putting him into that position which compelled him to sell himself as a slave to a fellow Jew? Furthermore, how can we blame him for wanting to stay past the 7 years? He is being treated quite well, like a son or, even better, not overly worked, with room and board, possibly with another wife and children; Hashem essentially put him into the position of wanting to stay by commanding the master to treat him well, so why is he held as a sinner, who seems to be abandoning Hashem for wanting to stay longer with his master, especially if the Torah allows it?!

We have to first put into context what exactly happened. Almost everyone can relate that they hate working, mainly do it for the money, love getting time off, look forward to the weekends, and most likely hate their boss. It is human nature, for the most part, because work is a curse that Hashem gave Adam when he committed the first sin of mankind, as it says, “With the sweat of your face you shall eat bread, until you return to the ground…” (Breishis 3:19). Now, granted, a Jewish slave has tons of benefits, but he still is breaking the very nature of a human being, which seems to hate working even with all the benefits he might be entitled to and get. But not only is he going against human nature, which Hashem instilled into us, he is also going against the very command he as a Jew was given and accepted when Hashem took us out of Egyptian bondage and declared Himself as our master and us as His servants, which we, together, agreed to. So granted Hashem allows in His Torah for a Jew to enslave another Jew, that seems to be a consequence, but it was his decision to steal and it was also his decision to sell himself as a slave, so now that he wants to stay a slave he is admonished and punished for choosing to put himself into this situation. We see from here that even though Hashem might allow situations like this to happen, He very much shuns them and holds the person who got himself into the mess accountable for what he did even if it looks like Hashem “helped” him to get into this rut, but he had the choice to figure out a way to avoid it and he didn’t.

Chaza”l say that the path one chooses Hashem leads him on whether for good or for bad. But even if a person initially chooses a wrong path, Hashem gives him chances to correct his ways and get back onto the right path just like the Jewish slave who has the chance to go free after 7 years if he so chooses. Granted Hashem might let him enjoy the path he is on even if it is bad but that is all part of Hashem’s kindness of taking care of this person in the moment. However if the person so chooses to return to the right path he will be rewarded exponentially for making the right, albeit difficult decision.

Posted on

Sefer Chofetz Chaim, Chapter 4, Halacha 10

A parent or teacher, who the children or student trusts are allowed to tel them to stay away from certain people who have bad character traits like haughtiness, anger management problems etc. so that they will not learn from their ways. This does not constitute lashon hara and is even a mitzva to do because just as we learn later on that one can tell someone about a suspected plot to try to cause them to lose money or to get hurt and now they can take precautions to stay safe all the more so to keep your children or students away from someone who can spiritually, psychologically, or physically hurt them, because of his character flaws is certainly a mitzvah to talk and take the proper precautions. One does not even have to abide by the five rules before speaking lashon hara, meaning that even if he just heard second hand he can still tell them as long as he explicitly says it in a way letting them know he just heard it second hand and he should be very clear about why he is telling it to them so that they won’t get mix messages about speaking lashon hara. Also it is permissible to exaggerate a little bit, or to embellish the severity of what he or she is doing wrong just to be sure your children or students will heed to what you are saying. But that does not mean you should lose hope on this bad guy because  he can always repent and might not know the severity of his ill character. However proper precautions to stay away from him should be taken and shared with those who would trust what you are saying like your children and students, anyone else you cannot talk to and it will most likely be lashon hara since they won’t necessarily trust what you are saying and do something about it. Lashon hara is to scoff and make fun of others for your own gain or there loss but when spoken to protect others from any sort of harm, not only is it permissible but it’s a mitzvah to be spoken.

Posted on

Torah Riddles Test #98

Question: Why if you were about to eat a fruit and it fell from your hands and got ruined right after you made a blessing on it, do you have to make another blessing on another fruit that was in front of you at the time of the blessing, according to the Shulchan Aruch (Orach Chaim 206:6) but if you said a blessing upon shechting a cow and it is found to be a treifa and therefore inedible, the Kreisi Upleisi (19:6) is in doubt whether you have to make another blessing on the next one he was going to shecht?

Background:

A. Hint: What is the reason for each blessing?

 Answer: The blessing over the fruit was to eat it and now you can’t do the blessing was for not but the blessing over slaughtering the cow was to slaughter the cow and you did that, it just happened to be a treifa and inedible but he still did the mitzvah of shechting so it might be enough for the blessing to count for other cows you were planning on slaughtering.

Posted on

Torah Riddles Test #97

1.       Question: Why is the blessing Kiddish Levana considered a time bound mitzvah which women are exempt from but the blessing of shehecheyanu on a new fruit is not (See Magen Avraham in the name of the Shelah Shulchan Aruch Orach Chaim 426:1)

Background:

A. The Chochmas Shlomo there actually argues and holds Kiddush Levana is not time bound because only mitzvos that could technically be done all year around, at all times like shofar, Sukkah, tefillin, tzitzis etc. but the Torah gives them a specific time to fulfill the mitzvos are considered time bound but kiddush Levana is dependent on the cycle of the moon, it can’t be said on the second half of the month because it is waning then and the Rabbis enacted it should only be said when it is waxing, so you can’t technically say it whenever you want like all other time bound mitzvos.

 B. Kiddush Levana which is based on the waning and waxing of the moon sounds like a similar concept as saying a shehecheyanu on a new fruit which is limited in time based on when the fruit is in bloom which means they can’t really be done all year around technically.

  Answer: Really kiddush Levana could be done the whole month but the rabbi enacted that it should be done on the first half of the month therefore it is time bound. Whereas the happiness you get out of seeing a new fruit could only be had once the fruit is in bloom therefore it is not halachically time bound.  


Posted on

Yisro – Gadlus Haadam: Really Realizing Why Humankind is So Great

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.
You probably never thought about why it is inappropriate to shame someone, meaning to do something that would cause someone to feel uncomfortable, embarrassed, or even disgraced. It’s obvious why, because it is not nice. But why is it not nice and on the contrary it’s very easy to make up excuses like sometimes it could be fun if done in jest and it could feel good if done to make yourself look good or to bring  attention to yourself?!

The last pasuk of this week’s Torah portion of Yisro states, “And you shall not ascend with steps upon My altar, so that your nakedness shall not be exposed upon it'” (Shemos 20:23). Rashi observes on the last part of the pasuk, “אשר לא תגלה ערותך THAT THY NAKEDNESS BE NOT UNCOVERED — because on account of these steps you will have to take large paces and so spread the legs. Now, although this would not be an actual uncovering of one’s nakedness (of the parts usually kept covered), since it is written, (Exodus 28:42) ‘And thou shalt make for them (the priests) linen breeches [to cover the flesh of their nakedness]’, still the taking of large paces is near enough to uncovering one’s nakedness that it may be described as such, and you would then be treating them (the stones of the altar) in a manner that implies disrespect.”

The last Medrish Tanchuma on this Torah portion learns a lesson from here, “for this can be a kal vechomer, (a fortiori), for just as stones that don’t have knowledge to differentiate between good and bad, Hashem still warns you to not treat them in a disrespectful manner, all the more so, your friend, who is created in the likeness of Hashem.” The Etz Yosef adds, “’Your friend who is created in the likeness of Hashem’ as it is written ‘in the likeness of G-D He made him,’ all the more so do you have to be careful not to disrespect him in any possible shameful manner even if you don’t intend to disrespect him, because if you disrespect him you will be disrespecting his likeness of Hashem, and who is honored (or respected) those that honor (or respect) humanity.” (Click here for Hebrew text.)
We must analyze this medrish very carefully. The medrish is comparing every single human being to the stones of the ramp that was used to walk up towards the alter which was in turn used to forge a relationship between man and his Father in Heaven, The Almighty King of all Kings. It was a very holy place where sins were forgiven, thanksgiving was offered on the alter and peace offerings were also sacrificed. It is understandable that it must be treated with the utmost respect for what it represents and does for our connection On High. Still in all the medrish says that it is only an inanimate object that doesn’t have any thought process to be able to choose between good and bad, to have emotions, make choices, to feel insulted, but nevertheless it would be inappropriate to show disrespect towards it, even in a slight indirect manner, which was not intentional as Rashi and the Etz Yosef point out. All the more so a human being, your fellow man who was endowed with a sense of free will, who is able to make deep intellectual, and philosophical choices, and can strive for perfection, and a close relationship with the Almighty, Our Father In Heaven; Mankind who was purposefully given the ability to choose between good and bad in order to be put into situations where he could choose to emulate Hashem, who is all good and complete truth, which is what defines us as being created in G-D’s likeness, all the more so must be treated with the utmost respect and not shamed in any way intentionally or unintentionally.

In a similar vein, I was once in Ottawa, Canada, for the changing of the guards which still has connections with the Royal family of England. Every morning there is a long and elaborate ceremony with hundreds of marching soldiers towards the parliament in order to switch the soldiers who are in charge of guarding the royal keys of the Parliament building, such sovereignty and significance was given towards the keys of a building connected to the royal family, all the more so one can imagine the respect and elegance demonstrated to the majesty herself and her family! (Click here for more information about this ceremony.)

If we only realized who we are, beloved princes and princesses, dukes and duchesses of The King Of All Kings as it says in Pirkey Avos (3:14),  “He (Rebbe Akiva) would also say: Beloved is man, for he was created in the image [of G‑d]; it is a sign of even greater love that it has been made known to him that he was created in the image, as it is says, “For in the image of G‑d, He made man” (Genesis 9:6).” Then we would be more cognizant and at the forefront of awareness to ensure we treat each other with proper respect.

The special fortune that every single human being is created in the image of Hashem is THE reason why it is not nice to cause any disgrace to each other. If we truly realized the greatness of mankind, where we ourselves come from, how and why we were created and the potential for perfection and purity that each one of us was endowed with, the world would be a much better place!