Author: Rabbi Milder

Posted on

Torah Riddles Test #66

Question: Why would Rav Yisrael Salanter paskin that one can fulfill the mitzvah of lulav upon taking his friend’s lulav from his hands but can’t fulfill the mitzvah if he picked it up before dawn and was holding it after dawn, but rather he has to put it down and pick it up again?

Background:

 A. Rav Yisrael Salanter poskined that if one picked up a lulav before dawn (alos hashachar) and it is still in his hands after dawn he still hasn’t fulfilled his mitzvah because the mitzvah is picking it up (or taking it) and the taking was at a time which one cannot fulfill the mitzvah yet.

B. The Binyan Shlomo (hilchos lulav, siman 48) is initially in doubt whether one can fulfill the mitzvah of lulav upon accepting it from his friend or whether he has to put it down and pick it up again. The question being whether the taking is the mitzvah and upon taking it was not his yet until it is in his hands or whether it being in his hands is the mitzvah and taking it is just the means of it getting into his hands. The Binyan Shlomo decided that even if the mitzvah is taking it one can still fulfill the mitzvah because upon taking it the transference of ownership and mitzvah happened at the same time.

C. Rav Yisrael Salanter does not hold of this logic which comes from a case by a “get” that a slave goes free as soon as he receive his freedom document in his hands though normally whatever a slave picks up automatically belongs to the owner but the logic of “the ‘get’ and the control of his hand come at the same time” prevents the owner from getting it. This logic is that really a slave can take whatever he picks up but it then goes to the owner but in this case the owner is not taking what should automatically come to him because he is showing he doesn’t want it.

D. In the case of the lulav this logic shouldn’t apply because one cannot start taking something which is not his so it is only given to him by the owner after it was taken so how could he fulfill the mitzvah?

E. Rav Yisrael Salanter really holds of a two part system of fulfilling this mitzvah, that the taking in part one of the mitzvah is in order to set up the main mitzvah of holding it.

Answer: Rav Yisrael Salanter really holds that the holding is the mitzvah but the means of holding it is the taking which is a step in the mitzvah so if it was taken before dawn it was not taken in order to fulfill the mitzvah since it was not at the time of the mitzvah but when being given the lulav to have, he is taking it as part of preparing to fulfill the mitzvah and when he has it in his hands and it is now his the main part of the mitzvah can be and is being fulfilled.

Posted on

Torah Riddles Test #65

  1. Question: Why does the Rambam rely on the majority in this case of Yom Kippur when the doctors say he does not have to fast but in all other life and death situations the rule is we don’t rely on majority?

Background:

A. The Rambam (Hilchos shvisas ishur 2:8) poskins that if some doctors say one has to eat on Yom Kippur because of a life threatening situation and others say he can fast we go by the majority.

 B. The Rambam (Hilchos Shabbos 2:20) says if there was an apartment building with 1000 non-Jews and 1 Jew and one of them left the building on Shabbos and went next door to a building that then collapsed . The halacha is we must go through the building to see if the person survived since it might be a Jew even if it means profaning Shabbos.

C. The Gemara in Yoma 84b says we don’t rely on majority in life threatening circumstances.

D. For the sake of the severity of Shabbos one can only break Shabbos if a Jew, who has the potential to keep future Shabboses, is in life threatening danger.

Answer: By the Yom Kippur case the doctors are making a decision if it is a life threatening case or not therefore one must rely on a majority but by the Shabbos there is clear and present danger therefore we are not allowed to rely on a majority.

Posted on

Sefer Chofetz Chaim Chapter 3, halacha 5, note 5, with the footnote

Today we discussed that even in a casual manner if you say something which at first glance might not seem negative but your in trickery intent is to throw in a negative fact bout someone, even if hinted to and said straight out, it is still forbidden. 

I gave an example of two neighbors schmoozing about a new family that moved into town and they were discussing how it is a big family with 7 children and they seem to be a very nice and polite family, simple, moving into a 3 bedroom house. One neighbor just wonders how they can fit any guests but then  says he is excited to meet them and get to know them!  

That line thrown in about guests was a casual remark not meaning to be out right malicious but it might imply that this family is not as hospitable then they outwardly seem. That is lashon hara.

Even to possibly just say they are a simple family of 9 living in a 3 bedroom house would be at least avak lashon hara (rabbinic, dust of lashon hara) because that will imply they aren’t hospitable. Of course as we learned before the permissibility or forbiddance of avak lashon hara depends on one’s tone and intent was it meant to be positive or negative, and how did it come out.

Posted on

Ki Seitzei – Mitzvah Escort

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.

There are a whole slew of  mitzvos in this week’s Torah portion of Ki Seitzei. The Sefer Hachinuch enumerates 74 to be exact, from mitzvah 532 to mitzvah 605. The Medrish Rabbah gives a fascinating insight into the dynamics of a mitzvah which should give us a whole new appreciation of our performances of mitzvos.

The Medrish begins by quoting a pasuk in Mishlei: “For they are a wreath of grace for your head,” (כִּ֤י לִוְיַ֤ת חֵ֓ן הֵ֬ם לְרֹאשֶׁ֑ךָ, Mishlei 1:9). In the second interpretation of this pasuk the medrish says the word לִוְיַ֤ת could also mean surrounding (just like a wreath). “Rebbe Pinchas bar Chama says that mitzvos surround you everywhere you go. ‘When you build a house… and you shall make a fence for your roof’ (Devarim 22:8).  If you make a door, mitzvos surround you as it says ‘a(A)nd you shall write them on the door post of your house’ (Devarim 6:9). If you wear new clothes, mitzvos surround you as it says ‘You shall not wear shaatnez,’ (a mixture of wool and linen in the same garment.) If you go to get a haircut, mitzvos surround you as it says ‘You shall not cut off the corners of your head.’ And if you have a field to plow, mitzvos surround you as it says ‘You shall not plow with an ox and a horse together’ (Devarim 22:10). And if you plant, mitzvos surround you, as it says, ‘You shall not plant a mixture of seeds in your vineyard’ (Devarim 22:9). And if you harvest, mitzvos surround you, as it says ‘When you harvest your harvest in your field and you forgot a sheaf in the field’ (Devarim 24:19). The Holy One Blessed Be He said even if you are not doing anything, just taking a stroll, mitzvos surround you, how do you know, for it says, ‘when you happen upon a birds nest in front of you’ (Devarim 22:6)” (Medrish Rabba Devarim 6:3).

The Rada”l observes that the medrish is of the opinion like the Zohar that one has an obligation to shoo away a mother bird even if he happens upon a nest with a mother and chicks inside and originally had no intention of taking the chicks or eggs. The Rada”l also asked why the mitzvah of forgotten bundles of grain which must be left for the poor is mentioned in the medrish instead of the mitzvah of peah (leaving over the corner of one’s field for the poor) or leket (stalks that fell during the harvest which also should be left for the poor)? The Rada”l answers that the medrish is teaching us that even without the knowledge or will of a person, Hashem brings him mitzvos to bless him with, as the Torah concludes in that mitzvah: “In order that Hashem your G-D will bless you in all your actions” (Devarim 24:19). (Click here and here for Hebrew text.)

This medrish sounds poetic! But there is a very practical and inspiring lesson that one should meditate on and take to heart. It is very easy to recognize how one is surrounded physically by mitzvos, when wearing tzitzis or being in a sukkah on Sukkos. Chazal even say that by wearing a tallis and draping it over his head it should have the effect of focusing oneself in fear of Hashem. Also by surrounding oneself with tzitzis, which represents the 613 mitzvos, it reminds a person to fulfill the mitzvos. So too Chazal talk about the uniqueness of the mitzvah of sukkah, where one literally has the chance to be surrounded by a mitzvah, physically, in his totality. But this medrish takes it a step further. A person is able to be surrounded by mitzvos all the time, every single second of the day! Not only by doing mitzvos like praying, putting on tallis and tefillin, learning Torah, saying blessings when appropriate, and doing acts of kindness. But even the very fact you are living in a house with mezuzos and, with a roof, if you are able to go up on it, which has a fence around it, you are constantly surrounded by these mitzvos. The ramifications being, you are surrounded by the blessing and reward that goes into the mitzvos that are being fulfilled constantly, for example, by just living in your house with the mezuzah you put up many years ago when you first moved in.

It doesn’t stop there; the medrish points out another incredible aspect of the nature of a mitzvah. Every single negative mitzvah you don’t do when you have the opportunity also surrounds you at every moment with all its blessings and rewards. For example, by just wearing clothes that do not have shaatnez in them you are constantly surrounded by that mitzvah since you have that opportunity of wearing clothes made out of wool and linen but don’t. A farmer could have been plowing with an ox and horse leading the plow but doesn’t, he is then surrounded by that mitzvah with all its blessing and reward. Another example is in a situation where he or she could have spoken lashon hara, slander, but doesn’t he or she is surrounded by that mitzvah, etc. etc.!

Hashem’s benevolence doesn’t stop there! Hashem even creates situations where you are handed a mitzvah without even intending to do it, like by the mitzvah of shichacha, the forgotten bundle of wheat which must be left for the poor. The Torah goes out of its way to mention that one even gets a blessing for fulfilling that mitzvah, all the more so for intentionally doing calculated mitzvos. Hashem even brings you to mitzvos, according to this medrish, like by the mitzvah of shiluach hakan, shooing away the mother bird, if one is just taking a stroll and happens upon the ability of doing this mitzvah.

What lesson do we learn from this medrish? Besides psychologically, having the peace of mind that wherever you go you are surrounded by blessing and reward for the mitzvos you do, by fulfilling the positive mitzvos and not transgressing the negative mitzvos, there is also a very practical aspect towards this medrish. That is, if one truly appreciates this gift we are pretty much constantly surrounded by then there will be a whole new level of kavana, intent, when performing the mitzvah or not transgressing the sin so now the quality of one’s mitzvos will be keener, which means more blessing and more reward.

With this outlook towards mitzvos our service of Hashem could be taken to a whole new level and a bigger kiddush Hashem!

Posted on

Torah Riddles Test #64

  1. Question: Why can a half slave half free man get married misafek (at least in doubt, see Avnei Miluim 44:3) but he definitely can’t blow shofar for himself or anyone on Rosh HaShana (See Gemara Rosh HaShana 29a)

Background:

A. The Avnei Miluim gives a difference between a half maid servant half free woman and a half slave half free man in that she can definitely accept marriage  because she’s doing nothing, just nullifying her will and knowledge to her would be husband and he is doing the act of marriage. Whereas a half slave half free man since he is doing the action and his half slave side isn’t able to perform a Halachic marriage for his free man side therefore it is questionable whether he can get married.

B. By blowing a shofar since the half slave side isn’t obligated in blowing shofar it can’t help it’s free side blow shofar but if he heard someone else blow shofar then his free side can accept the blow he heard and fulfill the mitzvah.

C. A half slave half free man is one body with two sides or parts to him (or more like two men.)

Answer: Blowing the shofar is dependent on the body since the body is blowing. So since he is one body then both sides are blowing. But marriage doesn’t happen through the body but by the person with his knowledge to get married so now that we are saying they are like two guys inside one body and granted they are both doing the marriage but the slave side doesn’t take away from the free man’s side so the free man’s side might possibly work to create a marriage.

Posted on

Torah Riddles Test #63

  1. Question: Why is Birkas HaTorah different than all other blessings according to the Shulchan Aruch in that even if you don’t fulfill the mitzvah of learning Torah immediately the blessing made on Torah learning will work for whenever you do learn later?

Background:

A: Normally one has to fulfill the mitzvah as soon as one says a blessing so that there will not be a hefsek/separation between the blessing and the mitzvah which causes a hesech hadaas (One’s mind to lose concentration connecting the mitzvah to the blessing). If he doesn’t then he must make the blessing again and immediately do the mitzvah. (Siman 206)

B. There is a mitzvah to learn Torah 24/7 as it says “vihigisa bo yomam valaila” (You shall toil in it day and night.)

Answer: Because only the mitzvah of Torah learning is 24/7 then there is no hesech hadaas/disconnect of the mind for the entire day, where as any other mitzvah which is not constant then as soon as a distraction happens he loses connection between the blessing and the mitzvah. (See Mishna Berura 47:9:19.)

Posted on

Sefer Chofetz Chaim Chapter 3, Halachos 3 &4

Chapter 3, Halacha 3 spoke about the issue of joking around and making fun of others which is also a Torah level sin of lashon hara even if one’s intent is not malicious and one had no hatred in his heart towards the person he was talking about. 
The Chofetz Chaim in footnote 2 says, and this happens to be mentioned in next week’s parsha of Ki Seitzei, that what Miriam said about Moshe to Aharon that he had divorced his wife in order to be in a constant state of purity in order to be ready to talk to Hashem at all times which implied he sacrificed the mitzvah of having children, was lashon hara which she was punished for though she had no intent in maligning her beloved brother. This is THE example to prove his point that lashon hara even occurs if one does not hate his fellow or mean to cause him any harm. By constantly reminding ourselves of this calamity by reviewing the verse in next week’s Torah portion in Ki Seitzei 24:9, “Remember what the Lord, your God, did to Miriam on the way, when you went out of Egypt,” then one will be on his way to being more attuned to controlling himself from speaking lashon hara.

Chapter 3, Halacha 4:  The Chofetz Chaim next mentioned that even if one doesn’t mention the name he is talking about but it can be figured out by the listeners in context it is still forbidden to speak it. Even a hint of sorts, if one intent in his heart is to cause the listener to figure out what he’s talking about which in this way might cause monetary, physical or emotional damage or distress to the person he had in mind it s forbidden. 
The Chofetz Chaim in footnote 3 gives a story pertaining to this halacha  found in the gemara Yerushalmi in Peah 1:1. Where there were a group of Jews designated to work in the pits at a labor camp and on one of the work days a Jew by the name of Bar Chovetz ran away. The group started shmuzing in the work place and asked each other what should we have for lunch? One sly fellow, with malicious intent said aloud ‘Why don’t we have Chovtza?” Which was a type of a lentil. The taskmaster or boss over heard the conversation and something triggered in his mind and he asked, ‘Where is Bar Chovetz?” In which case, this Bar Chovetz got into trouble and Rebbe Yochanan called this lashon hara because the sly guy intentionally suggested eating a food which had a similar name to Bar Chovetz that triggered in the boss’s mind his name and got the guy in trouble. This is how far we apply lashon hara!

Posted on

Torah Riddles Test #62

  1. Question: If two witnesses saw one hair and the other two witnesses saw another hair why don’t they combine to be complete testimony that a boy or girl has come of age but 3 sets of witnesses, one for each year a person has lived on a certain property do combine to prove that someone has the required amount of years needed to assume they are owners of that piece of property?

Background:

 A. The issue mentioned in Choshen Mishpat 30:13 is that a witness can’t testify on a half a matter, only on a whole matter.

 B. Two pubic hairs is a sign of bar or bat mitzvah.

C. 3 years of living or working the land is a chazaka or assumed status of ownership over a piece of land.

Answer: The Be’er Heitiv (24) says that each year is a complete unit by itself. That is all they can testify for that year, so it can be testified about by itself and then combined to equal 3 years of chazaka. But one hair isn’t a unit of measurement at all since both can be seen at once so it is only considered part of the unit of two hairs which is a sign of adulthood and a partial testimony isn’t testimony.

Posted on

Torah Riddles Test #61

  1. Question: If you aren’t sure if you recited the Birkas Hamazon why do you have to repeat the entire blessing but if you are unsure if you said Birkas HaTorah you should only say the second blessing of “Asher bachar banu”?

Background:

A. Both Birkas Hamazon and Birkas HaTorah are Torah level blessings and though the fifth paragraph of Birkas Hamazon is rabbinic it is said with the rest though by Birkas HaTorah only the second blessing is said to take care of the Torah level blessing because it is considered the better of the two blessings as the Mishna Berura 47:1:1 says.

B. Mishna Berura 184:13 says that the reason why you say the entire Birkas Hamazon including the last blessing paragraph is in order to not denigrate that last blessing and start to always skip it since it would not be taken seriously.

C. Birkas Hamazon is a blessing of praise and Birkas HaTorah is a blessing over a mitzvah.

Answer: Rav Moshe Feinstein (Igros Moshe Orach Chaim 2:3) says that a person would put the same weight of a blessing on a mitzvah as if it is a mitzvah and would never be lax in the matter and stop saying it but by bentching because it’s just a praise then the seemingly less important praises they would stop saying if skipped at times.

Posted on

Shoftim – Lower Taxes!

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.

This dvar Torah is sponsored in memory of Seymour Rosenberg, Shlomo Shmuel ben Aharon, upon his yahretzeit, the 6th of Elul. May it be an aliyas neshama.


In this week’s Torah portion of Shoftim it discusses the appointment of a king. Rabbeinu Bachye observes that a Jewish king should be unlike the kings in the rest of the world. Whereas other monarchs have many horses and great wealth, meaning that they pride themselves with much power and money, the Torah commands of a Jewish king to not have a lot of horses, wives, or silver and gold. Rather, his main focus should be the Torah and the fear of Heaven, to the point that he must have a sefer Torah besides him at all times, and frequently read from it. Indeed, the Torah guarantees that a Jewish king who does not show haughtiness towards his subjects will rule for many years (see Rabeinu Bachye Devarim 17:16).
Rabbeinu Bachye goes on to explain that a Jewish king should only have enough horses for himself and his army, and a maximum of 18 wives, as King David had. He could also have enough wealth to take care of himself, his family, and yearly wages for his soldiers who accompany him wherever he goes.  But he is not allowed to build up a fortune, in order that he won’t become haughty (see Rabbeinu Bachye continued in pasuk 16 and 17).

Rabbeinu Bachye also quotes the Chacham Rebbe Avraham zt”l who gives another reason of why a king should not compile a large amount of gold and silver; in order not to burden Jews with high taxes.  For we see that King Shlomo weighed on the Jewish people the yoke of high taxes in order to collect much silver and gold for himself, and wealth is compared to fire, in that the more wood to fuel the fire, the higher the flame. We even find that the entire Jewish people complained about Shlomo to his son Rachavam [after Shlomo passed and Rechavam took over] as it writes: “Your father has made our yoke heavy,” (Melachim Alef 12:10). It got so bad that they killed Adoniram, who was the head tax collector, by stoning him in his house. We find that King Shlomo, who was the greatest person in the world at the time, still succumbed to these 3 things: Many horses, as it says: “And Solomon had forty thousand stalls of horses for his chariots” (Melachim Alef 5:6). Many wives, as it says: “And he had seven hundred royal wives and three hundred concubines” (Melachim Alef 11:3). So to silver, as it says: “And the king made silver as common in Jerusalem as stones (Melachim Alef 10:27), it also says in pasuk 21: “none was of silver, [since] it was reckoned with as nothing in the days of Solomon.” He said about all these 3 things: “I will acquire a lot of it but it will not be forbidden.” He relied on his wisdom to go against the Torah, and faltered in them. (Click here for Hebrew text.)
We must put into context what this means about King Shlomo. He was the leading Torah scholar of the generation. He was granted the gift of wisdom by Hashem to be smarter than anyone else in the history of mankind. He was on the lofty level of a prophet and compiled 3 books of Tanach with Divine inspiration: Shir Hashirim, Mishlei, and Koheles. He merited the first Beis Hamikdash to be built under his auspices and peace to reign throughout the world. In fact, the gemaras in Gitten 68b and Sanhedrin 20b says that because of his mistakes he lost control of the Demon World which he once ruled over, but always maintained kingship over the world during his lifetime, not just the Jewish people. There is even an argument as to whether he got back rule over the Demon World towards the end of his life. Someone of such loftiness, on such a high spiritual level, could not have sinned so severly. Rather, it must have been a miniscule sin that, due to his level, Tana”ch and Chaza”l amplify, because of the lofty expectations which he himself had earned. In fact the Metzudas Dovid clearly says that Shlomo was not led astray to worship idols by his wives; he just turned a blind eye to what they were doing. He never returned to settle in Egypt, he just bought his horses from there, and he didn’t collect money simply to keep in storehouses for his own pride, rather the pesukim indicate that he laden Yerushalayim with silver on the streets, in order to beautify the city, the place that housed Hashem’s Holy Temple. So his wisdom did, at least based on the reasoning of the law, safeguard him from straying from Hashem’s Torah, and allowed him to reach great heights of clinging to Hashem and doing His service. However, the strict letter of the law didn’t permit it, and it took a toll on the people. Though they did not complain outright to King Shlomo in his lifetime, they did complain to his son and even murdered, in cold blood, his chief tax collector.

A very important lesson we can learn from here is that high taxes, even for the most sincere reasons, as King Shlomo must have had as we see with the glorification of Hashem’s capital city, still can get out of hand like adding wood to an existing flame and is a great burden to society.