Author: Rabbi Milder

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Torah Riddles Test #104

  1. Question: According to the Ta”z what’s the difference between a slab of meat which you are unsure whether the unkosher fats and sinews were removed where we assume it was removed and a house before Pesach where you are unsure if it was checked and cleaned out of Chometz where we assume it was not checked?

 Background:

  1. The Ta”z (Yoreh Deah 127:6) holds that if one is unsure whether a slab of meat had any unkosher fats and sinew taken from it or not we don’t assume it is forbidden because the meat itself wasn’t originally forbidden and the prohibition is just the unkosher fats and sinews, we are just worried that while eating the meat you might take a bite of the fat or sinew. Since what would be permissible after the removal was permissible the whole entire time just that it was mixed up with forbidden things therefore

 it is not considered to be assumed prohibition, ischazek isura.

B. The Shach in the Nekudas Hakesef argues there and holds that since originally it was forbidden to eat this piece of meat then its considered ischazek isura.

C. The Shev Shmaisa (6:5) explaining the view of the Shach says that he has to admit the meat is assumed permissible but it is also assumed to not have what’s forbidden removed. He brought a proof to this assumption from a Beis Yosef (Orach Chaim 437) that poskin by a house which we are unsure if it was checked from chometz is assumed to be unchecked. This means that granted the house itself is permissible but the chometz inside would be forbidden we still assume the house was unchecked.

D. The Rabbis enacted that the person living in the house has to check it for chometz.

E. People don’t have to eat meat.

Answer: The obligation is what triggers the assumption of being forbidden so because there is an obligation to check the house then we assume it is unchecked until we know it was checked but there is no obligation to eat meat so the assumption that the forbidden fats and sinews weren’t removed doesn’t kick in.

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Torah Riddles Test #103

  1. This Question seems to be flawed, there is just an argument between the Har Tzvi and Rav Shlomo Zalman whether an animal can turn on a light for you on shabbos or shut it off, both speak about electric
  3. Question: Why can you teach a watch dog to turn on a light when intruders come even if he will do it on Shabbos but you cannot ask a dog to turn a light on for you on Shabbos?

Background:

A. The Har Tzvi (Ohr Hachaim 1:174) says that if one signals to a dog to light a fire or blow it out on Shabbos you are transgressing the mitzvah of resting your animal on Shabbos even if this is an indirect way of turning off the light it is considered a full-fledged melacha because any melacha an animal does is considered its normal way of doing things for them attributed to the owner.

 B.Rav Shlomo Zalman Auerbach (Shulchan Shlomo 266:1) poskins that if you teach a dog to turn on or off a light switch whenever an intruder comes you are allowed to have the dog outside to do this function on Shabbos because it’s only indirect melacha.

C. Turning on an electric light is indirectly doing a melacha because you are just completing or breaking a circuit to allow the light to go on or off.

D. Dogs don’t have cognitive thinking and melacha needs cognitive thinking for humans to be liable, I.e meleches machsheves.

Answer: It is an abnormal way for a human to use a dog to blow out or light a fire but the way the dog does it is normal for them therefore the owners will be liable for not resting the dog. But completing or breaking the circuit by itself is indirect and is only liable if you have a cognitive intent to perform the act to cause the melacha to be done but since an animal doesn’t have a cognitive thought process and by definition the completing of the circuit is indirect even if the animal’s action is direct the owner would still be exempt. (See Dirshu Mishna Berura 246:3:12:8)

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Ki Sisa – In the Courtroom of Hashem

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 Ki Sisa we witness the sin of the Golden Calf and the tragic ramifications it had on the Jewish people and the world throughout history. After Moshe came down from Mount Sinai and broke the tablets it says: “Then he took the calf they had made, burned it in fire…on that day some three thousand men fell from among the people…And now, if You forgive their sin But if not…Behold My angel will go before you. But on the day I make an accounting [of sins upon them], I will bring their sin to account against them…” Then the Lord struck the people with a plague… The Lord spoke to Moshe: “Go, ascend from here… And Moshe took the tent and pitched it for himself outside the camp, distancing [it] from the camp, and he called it the tent of meeting, and it would be that anyone seeking the Lord would go out to the tent of meeting, which was outside the camp” (Shemos excerpts from perakim 32, 33).

The Ralbag learns a lesson from these pesukim in relation to middos

[character development]

. This is that it is not befitting for a person to ask forgiveness for a sin on behalf of others, as long as the sinner still is holding on to the sin. For this reason Moshe only requested from Hashem to forgive the Jew’s sins after the golden calf was destroyed, and the rebels killed. However, since not all the rebels were completely wiped out at that time, and although Hashem accepted his words, he said that those who had sinned against Him should be erased from His Book, and the rest of the rebels who followed the calf should be plagued. But Hashem promised Moshe that He would not take away their inheritance of The Land because of their sin. In this manner He forgave their sins. However Hashem still had not attached to them His Personal Divine Providence, hashgacha pratis, lest they would sin to him. For Hashem brings bad to those He loves as rebuke, and they escaped from that bad as Moshe requested, but the bad that automatically came as part of the system of consequences eventually caught up with them; as it says: “But on the day I make an accounting [of sins upon them], I will bring their sin to account against them” (Shemos 32:34). This destiny Moshe did not try to save them from, since it is inappropriate for a person to ask forgiveness for a sinner while the sinner is still holding on to the sin. Therefore Moshe did not request that Hashem’s Personal Divine Providence, hashgacha pratis, would cling to the Jews as long as their hearts were far from Him. Rather, he conducted himself with reprimand by distancing his tent from them until they subjugated their hearts and returned to Hashem. After that he requested that Hashem’s Personal Divine Providence would cling to them.” (Click here for Hebrew text.)

If you analyze the Ralbag carefully you’ll see that there are two stages of dealing with the sin which are being addressed here. We are going to gain a slight glimpse into how we can approach Hashem with our sins. First and foremost, in order to even ask Hashem to forgive us, we must remove ourselves from the sin we have committed, for Hashem doesn’t simply overlook sin for no reason. The perpetrators must take steps to fix the problem before Hashem begins to forgive, and possibly forget. For this reason Moshe destroyed the idol and sent the Levite family to murder all the primary accomplices. Only then was Moshe able to begin to daven to Hashem to not annihilate the Jewish people and to promise that they would still inherit The Promise Land, The Land of Israel.

However that wasn’t enough, because there are underlying reasons and intents for any sin, which are harder to get rid of. But in this case, in order for Hashem to apply his Divine Providence on every individual as a person, and not just as a collective, they had to be cleansed of the underlying emotion that caused them to sin to begin with.

This itself is a telling lesson, for it seems, according to the Ralbag, that because of the consequence of our actions, Hashem out of his love and mercy for His precious children, will not shine His Personal Divine Providence on a sinner who has not psychologically changed his mind, since it would just do more harm than good. This is because of His close relationship with his righteous children; it would behoove Him to rebuke us in order for us to mend our ways.if He was so close to us, therefore Hashem does not give special individual attention to His children when they are sinning, in order to not give dangerous rebuke that is deserved.

For this reason Moshe removed himself from the camp, as if to show his own disgust in their actions, so that they will humble themselves and remove the haughtiness which caused them to sin.

Why did Moshe get involved in this manner by separating his tent from the rest of theirs? Wouldn’t it have been sufficient just to lecture them and verbally take them through the process of how to properly conclude their teshuva, the repentance process of clearing their minds and hearts of any lingering evil intent, no matter how minute it was? Especially since it is really unimaginable at this point that they weren’t humiliated enough for the sin they had committed, especially after they reached such heights at the receiving of the Torah just days before, and then realizing how they quickly came crashing down with the sin of the golden calf, they must have already felt utter embarrassment and disgrace before Hashem as is. Why did Moshe have to dig it in more by separating his tent from the rest of them?

We can learn a very important lesson in how to treat our children, students, or anyone, when they have done something wrong and you want to help them correct their ways. That is, that the most effective way to help a person change is not just to tell them what they did wrong and how to fix it, or even to lead by example, but to put them into the position that they will be forced to figure out, on their own, how to fix the problem. It will make a greater impression on them in the long run, even if they are feeling betrayed in the short term. For this reason, even though the Jewish People must have already begun to feel a tremendous amount of remorse over what they were involved in but Moshe separated himself from them so that they will come to the realization that they had to be even more humiliated in order to wipe out any negative feeling inside them and to completely humble themselves.


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Sefer Chofetz Chaim Chapter 4, halacha 11,footnote 2 part 3

The reason why it is so important to be open, and honest about why you are inquiring about someone else, whether it is a shidduch, partnership in business, hiring an employee, etc. is because if you don’t it is very to lead the person you are asking into speaking lashon hara, placing a stumbling block in front of the blind. If he doesn’t know your purpose in questioning him, he might say things which don’t need to be said, you might prove him too much and he’ll divulge unnecessary information, or if you are trying to use subterfuge you might start asking about other people so that he won’t figure out who you really want information about which leads to a tremendous amount of lashon hara about a lot of people. Therefore the right thing to do so that you won’t be tempted to ask too many details about the person you are inquiring about and so that the one answering the questions will understand fully why he is answering and will know what is appropriate to say and not to say, is to tell him exactly what the reason you are asking him about someone. You can tell him to keep the inquiry a secret but you can’t tell him answer my questions truthfully you won’t be doing anything wrong because I need some info for my own benefit and I won’t share this info with anyone else, for as long as you don’t tell him exactly why you need the info it will inevitably lead to unneeded lashon hara.

In a similar vein, if someone inquiries about his son or relative who lives in another city, he has to inform the person he’s talking to that he’s just asking for his family member’s best interest, for example how’s his learning coming along, is he still in Kollel, how’s his ruchniyus, etc. those questions can only be asked with the caveat that if there is a problem you would like to and have the means and enough concern to try to fix it. Therefore you have to tell the person you’re asking that you just want to help your son or relative. Something applies to Kiruv professionals inquiring about those they want to be mikarev, bring closer to Judaism.

Lastly if one moves someplace else and one day sees someone from his old town he is not allowed to ask him how this guy is doing and that guy and ask about details of people lives. Though it is tempting and part of human psychology to want to feel connected to those you haven’t seen in a while, giving away too many details about others is still lashon hara, therefore you shouldn’t probe and expect detailed answers about you long lost friends and neighbors since there is no usefulness into the inquiry.

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Tetzaveh – Fried Chicken & Spiced BBQ Ribs with a Smile

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Two of the many things discussed in this week’s Torah portion of Tetzaveh are the olive oil that was used in the Mishkan for various functions like for lighting the menorah and meal-offerings, and the incense that was burned on the Golden Alter right outside the Holy of Holies in the Mishkan and Beis HaMikdash.

Rabbeinu Bachye, in his introduction to the Torah portion, quotes a pasuk in Mishley (27:9), “Oil and incense make the heart rejoice, and the sweetness of his friendship more than one’s own counsel.” King Shlomo warns us in this pasuk to be merciful to strangers (or converts) who are exiled from his place and from the land in which he was born. The Torah warns about how to treat this person in many places, to not mistreat him verbally or monetarily, as it says, “And you shall not mistreat a stranger” (Shemos 22:20), and it writes, “And you shall not oppress a stranger” (Shemos 23:9), and it also writes, “for you know the feelings of the stranger” (Shemos 23:9). Therefore Shlomo came and added and newly conceived here that a person is obligated to treat another person who was exiled and moved from place to place in two ways: (1) He should feed him, and (2) He should smile at him. This pasuk is connected to the previous pasuk in Mishlei that says, “As a bird wandering from its nest, so is a man wandering from his place.” It equates a person who has left his birthplace to a bird who has left his nest, his origin, those who are the source of his birth. Right next to that verse it then immediately says “oil and incense,” which is a nickname for all food. Anything which is fried with oil and spices  [creates an incense of] smoke that rises from the food being cooked. The pasuk informs us with this that a person is obligated to make the heart of a man who is wandering happy by feeding him which is the “oil and incense,” for it “make the heart rejoice”. One also has to have a smile which in the pasuk refers to as “the sweetness of his friendship;” that one should sweeten his words and smile at the stranger. For besides the fact that he needs “oil and incense he also needs “the sweetness of his friendship” through smiling and talking to him gently.The pasuk concludes, “more than one’s own counsel,” meaning this sweetness and smile should come from one’s own mind, showing true love and care, and not flattery, because the stranger will show you sweetness in his lips, more than you give him. So to Chaza”l say in Kesubos 111b, “Better is to show your white teeth (smile) to your friend then offering him milk, as it says ‘and the whiteness of teeth more than milk’ (Breishis 49:12)…” The prophet also mentioned, “Is it not to share your bread with the hungry” (Yeshayahu 58:7), this refers to “oil and incense,” he then mentions, “And you draw out your soul to the hungry” (Yeshayahu 58:10), which refers to “the sweetness of his friendship”. (Click here for Hebrew Text.)

Earlier in the Torah portion of Mishpatim, where it discusses not mistreating a stranger (convert) as quoted earlier, Rabbeinu Bachye writes on 22:20, “one should not mistreat a stranger (convert) with hurtful words and should not oppress them by stealing their money. In many places in the Torah it writes, and Hashem warns us about, a stranger (convert) for a stranger (convert) finds himself alone in a foreign land and that is why he is called a ger (stranger), from the word gargir, (seed) which is found by itself at the top of a branch of a tree, feeling desolate and weak. Therefore Hashem said: ‘Don’t think he won’t find someone to fight his fight, for I will fight for him, and will take revenge for him being taken advantage of. This is why the pasuk gives a reason that ‘You know the soul of a stranger for you were strangers in the land of Egypt.’ It does not say ‘you know the stranger” rather it says ‘you know the soul of the stranger,’ meaning [Hashem is telling the Jews] ‘you know that every stranger has a feeling of being a lowly soul, and he has no one to lift up his eyes towards, except for Me, and therefore I will be merciful on him just as I was merciful to you when you were strangers in Egypt.’ Mentioned with them are the orphans and widows, because all of them have weaker strength, and people take advantage and cause them suffering, their tears are common, for the gates of tears never close, therefore people have to be very careful to be good and kind to them with their body and money, and so to the prophet mentions, “Is it not to share your bread with the hungry” (Yeshayahu 58:7), and also writes, “And you draw out your soul to the hungry” (Yeshayahu 58:10). If you are able to give him bread, give it, and if not then at least strengthen his soul with some kind words.” (Click here for Hebrew text.)
The Torah goes out of its way to not hurt a stranger (convert), even giving reasons for why not to do so. This logically leads us to believe that not only do we have a responsibility not to hurt them, but we must also be sensitive to their needs; feeding them, taking care of them, and certainly talking to them calmly, softly, and with a sincere smile, as Rabbeinu Bachye logically points out. But if this is so, why did King Shlomo feel a need to reemphasize how to properly treat a stranger (convert,) and why did Rabbeinu Bachye call it a ‘new insight’ if it is a logical extension of the verses in the Torah? Of course in order to not make a stranger (convert) feel bad you have to talk to him nicely and make him feel at home by giving him a scrumptious meal, room, and board if needed! On the contrary, we are descendants of Avraham Avinu, who was an expert at having guests who were total strangers, many of whom eventually converted to monotheism. It is in our genetic makeup to be merciful and act with kindness; certainly we should at least strive to emulate him. So why does this concept of taking care of strangers and not mistreating them need to be emphasized so much, at such length, over and over again?!

We must say that even though the attribute of mercy and kindness are two of the signs that we are Jews, coming from the line of Avraham Avinu, still in all it is in fact very difficult to honestly deal with, and give selflessly to, a complete stranger and foreigner, even if he or she has joined our faith. There is a cognitive dissonance, that on the one hand it is within our genetic makeup to emulate Hashem and be a selfless giver and doer of kindness just as our forefather Avraham was. Yet it is also natural for a person to recoil and have a feeling of distance, and to create a wall of separation from someone who you don’t personally know and have not come to feel comfortable with, someone who has not been raised the same way as you have, or even in the same town that you have lived in your whole life. Indeed, because they are different you might come to rationalize treating them differently, and even take advantage of them. At the very least if you outwardly show that you are trying to be nice, you don’t really mean it, you put on a show. But they can see right through it, and Hashem sees their pain and tears. For this reason Hashem emphasizes and reemphasizes how important it is, and gives us initiatives of why, we should feel it is important to not mistreat a stranger. It is because it is so easy to fall into the trap of the inner struggle within us, and not sincerely give the way we are supposed to, that King Shlomo spelled out as clearly as possible how to positively treat the strangers that sojourn among us. It brings to light with a new clarity the altruistic feeling of care and compassion we should truly feel and act upon.

May this attitude make an impression on our relationship between us and our fellow person, who deserve it, whoever it might be!

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Sefer Chofetz Chaim Chapter 4 halacha 11 part 2

If you don’t tell the person you are questioning that it’s for a shidduch, business partner, hiring a new employee, etc., for your own wellbeing then asking him question is transgressing “placing a stumbling block in front of the blind” because if he answers any questions negatively it is obviously with the intent of speaking lashon hara and he gets a sin even if he is helpful to the inquisitor.

The source for this concept that one is liable for a sin even if he didn’t actually commit it but they had intent to commit a sin is based on a Gemara in Nazir 23a which says that if a person was trying to eat pork chops and he wound up eating kosher lamb chops he still needs an atonement because his intent was to sin.

More severely, the Gemara in Bava Metzia 58b list 3 types of people that go down to Gehinom and never come back up, one of them is a person that calls another person a derogatory nickname even if the guy got used to being called that and is not embarrassed anymore, still he doesn’t come up from gehinom because his intent is to embarrass the guy. So to this person answering questions even if he winds up helping the questioner, if he is not told that the questions are being asked for one’s own good then he is obviously answering just to speak lashon hara so even if it is helpful, his intent is bad and he will be punished for speaking lashon hara therefore in order to not put him into that position you must inform him that you are just asking for helpful advice.

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Torah Riddles Test #102

Question: Why can you say Kiddush before nightfall if you made an early Shabbos but you have to at least have part of your Shabbos meal once it gets dark in order to fulfill the mitzvah of eating your first Shabbos meal?

 Background:

A. There is actually an argument amongst the Achronim whether one can eat the meal before dark. The Machatzis Hashekel explains the view of why you have to wait till dark which is because we learn the mitzvah of having 3 meals on Shabbos from the three times it says “hayom “ in the verses that discuss Shabbos, and only Shabbos itself is called “Yom Hashabbos” but what’s rabbinically added onto Shabbos is not. Why doesn’t Kiddush have the same parameters?

 Answer: Saying Kiddush by itself signifies the sanctity of the day so it can be said before nightfall but it’s not apparent that you are eating the meal for Shabbos until the day comes about at night fall therefore at least part of the meal should be eaten at nightfall to recognize that the meal is being eaten for Shabbos.

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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.  


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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.

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Terumah – Cherubs: Conduits to The One On High


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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.