Netzavim-Unity People

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There is a famous axiom in Jewish Law, that all Jews are responsible for each other, כל ישראל ערבים זה לזה. This is based on a gemara in Shavuos 39a. The question is how far does this concept extend?

The Gemara in Kiddushin 40b states: “Rabbi Elazar, son of Rabbi Shimon, says: Since the world is judged by its majority,and an individual isjudged by his majority,ifhe performs one mitzva he is praiseworthy, as he tiltsthe balance ofhimself and the entire world to the scale of merit.Ifhe transgresses one prohibition, woe to him, as he tiltsthe balancefor himself and the entire world to the scale of liability, as it is stated: “But one sindestroys much good,” i.e.,due to one sin that thisindividualcommits, he squanders much goodness from himself and from the entire world.” Interesting enough the Gilyonay HaShas says, based on a medrish, Jews and non-Jews are judged at two different times. Non-Jews by night and Jews during the day therefore when the gemara says “the world is judged” it is referring to the Jewish world which is all judged together and one person can make “a world of a difference!”  

In fact Rav Moshe Chaim Luzzatto in his Derech Hashem tells us: “Those who cause others to partake in the World to Come will definitely be the foremost in that Community. They will be the leaders, while those who enter by virtue of their association with them will be beholden and dependent on them. In order for this to be possible, all people were originally bound to each other as our sages teach us ‘All Israel are responsible for one another’ (Shavuos 39a). As a result of this, each individual is bound to everyone else, and no person is counted separately. G-D’s attribute of good is the stronger, however, and if the guilt for sin is shared by others, this must certainly be true of the merit associated with good deeds” (Derech Hashem, Individual Providence 2:3:9)

There is a Medrish Tanchuma on the opening pesukim of this week’s Torah portion of Netzavim which elaborates on this point. The pesukim say: “You are all standing this day before the Lord, your God the leaders of your tribes, your elders and your officers, every man of Israel, your young children, your women, and your convert who is within your camp both your woodcutters and your water drawers” (Devarim 29:9, 10).

The Medrish Tanchuma says: “Everyone is responsible for each other, even one righteous person amongst you, all of you are alive in his merit. Not only you, but even if one righteous person is amongst you, the whole entire world, in his merit keeps on existing, as it says, ‘And a righteous person who is the foundation of the world’ (Mishlei 10:25). And when one of you sins, the entire generation can be smitten, and so you find by Achan, ‘Behold Achan son of Zerach profaned the bounty etc.’ (Yehoshua, perek 7). The Attribute of punishment is less, and still the generation was grabbed by it, all the more so the attribute of good which is much greater. For this reason it writes ‘Every man of Israel,’ not only the great people amongst you but even your children and your wives, and your convert (The Etz Yosef points out that this terminology is emphasized to teach us that every Jew is responsible or are grabbed in the sin of even one person. But as we will see this is also true about mitzvos and reward.) This is why it says ‘every man of Israel’ since human beings tend to be more merciful on males more so than females, however Hashem isn’t like that, He is merciful on His entire creation, on the females and males, on the righteous and the wicked, as it says, ‘both your woodcutters and your water drawers’.” (Click here for Hebrew text.)

The Biur HaAmarim on the Medrish Tanchuma points out that in Parshas Re’eh the medrish (paragraph 3) says that since the acceptance of the Torah on Har Sinai a generation will not be punished for one person’s sin. Therefore it must be that it is talking about if no one knew about it; but if people knew about it and were quiet, then everyone is responsible because that was part of the covenant. The extent of ‘all Jews responsible for one another’ is to the point that we are rewarded or punished in a global way for even one mitzvah, or G-D forbid, one sin, a person does. The consequences hit everyone, young or old, male or female, righteous, or wicked, and indeed Jews from all backgrounds; we are all connected as one and affect each other in everything we do.

The medrish points out that the Torah goes out of its way to mention that Hashem also includes women in the reward for a good deed of the righteous, because people think differently based on an attitude throughout history that women aren’t equal. In fact the Biur HaAmarim says “there are those who are more merciful on males but there is also the opposite.” But why should that be? Every human was created in the image of Hashem, with free will and the ability, for the most part, of everyone to be able to speak on an intellectual level; why then should there be gender inequality?

It must be that because people are different then it causes others to look at them as unequal. But Hashem purposefully created men and women to be different in order that the ultimate purpose of the world will be fulfilled in the most optimum way, with each half focusing on their own specialties. That is why men and women have different responsibilities in serving Hashem, though many of the responsibilities still overlap.

Therefore, Hashem, who doesn’t see differences as inequalities, of course will treat everyone equally. But in order for humans, with our frailties, to comprehend that, Hashem had to go out of his way to point that out in these pesukim.

Natural human instinct seems to equate difference with inequality. It takes Divine precision to realize we are all deserving to be responsible of each other and share to a lesser extent in our punishment, and more of an extent in our reward.

Torah Riddles Test #68

  1. Question: Why can you fulfill the mitzvah of pidyon haben by giving the five coins one coin at a time to the kohen but you can’t fulfill the mitzvah of lulav and esrog by picking up each of the four species one at a time?

Background:

A. Rav Algazi In Bechoros daf 51 says based on a Tosfos in Sukkah 34b which talks about picking up the lulav and esrog to do the mitzvah that Tosfos holds that anything which is one mitzvah cannot be done one after the other even if you had in mind originally to pick up each item one at a time.

B. The main mitzvah that pidyon haben dependent on giving money (to the kohen).

C. The main mitzvah of lulav and esrog is taking them.

Answer: By lulav and esrog all 4 species must be taken if each one was picked up separately you can’t say they add up to taking all of them a daled minim. But as long as the kohen gets his money in the end it doesn’t matter how that happens the mitzvah is fulfilled so you can give each coin one at a time.

Torah Riddles Test #67

  1. Question: Why are you liable for eating on Yom Kippur the forbidden designated amount of food in a scenario where the first half is permissible?

Background:

A. For example if a person is dangerously sick and was told he must eat half an amount of a thick date of food every 9 minutes. If he eats the full date amount he is liable though the first half was permissible for him to eat.

B. A thick date is the amount considered to be enough to compose and settle one’s mind if he is hungry, which is why it is the amount of liability.

C. The Torah says one should cause himself to suffer on Yom Kippur.

D. The Kesser Sofer (responsa 31) says that even if a person ate half a date size right before Yom Kippur and another half right after Yom Kippur started he is still liable.

Answer: Even though he was only not allowed to have half of what he ate but because the combo combined to create a state of composer and settling of the mind it then created a liability since that is the exact issue which the Torah forbade. The exact measurement is just the amount designated which causes composer.

Sefer Chofetz Chaim Chapter 3 halacha 6

Quite simply today’s halacha plainly states that it is forbidden to speak lashon hara even if no harm was done, and even if you somehow knew no harm would be done.

Unlike other sins between man and his fellow which are only a sin if it actually happened liked stealing, overcharging or interest, lashon hara is a sin even if no harm what so ever is done. The proof is the fact that the gemara in Erechin 16a says the coat the Kohen Gadol wears in the Beis HaMikdash with the bells and pomegranates  is an atonement for the sin of lashon harm if no harm was done. If harm was done then the person received tzaraas, (spiritual leprosy.) There would be no need for an atonement if harmless lashon hara wasn’t a sin. It must be that the very fact a person just speaks negatively about his fellow Jew to his own benefit is enough to be a sin even if no harm is done, which Rabbeinu Yonah in his Shaarei Teshuva also points out.

Furthermore we saw why Miriam was punished with tzaraas even though Moshe didn’t take what she said to heart and it didn’t cause any skirmish or hard feelings whatsoever when Miriram told Aharon lashon hara that Moshe separated from his wife and the Torah said Aharon responded to her words. Rechilus is deserving of tzaraas if it effectuated some kind of skirmish to start, ill-feelings between two people. But lashon hara is deserving of tzaraas even if the speaker caused the listener to start talking about the situation, even if he doesm’t say something negative or tries to defend the person spoken against but point is it made an impression. So because Aharon started talking as the Torah say, after Miriam told him about Moshe, she was therefore derving of tzaraas. Nothing else was said after that and that is why Aharon never got tzaraas. Whatever he said had zero impact on anything.

Ki Savo – Judgement Day: Cursed or Blessed

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In this week’s Torah portion of Ki Savo we read of the blessings for observing the Torah and curses if the Torah is not kept. Towards the end of the curses, the Torah writes: “And your life will hang in suspense before you. You will be in fear night and day, and you will not believe in your life” (Devarim 28:66).

The Maharam of Rottenberg observes that there are only two times in all of Tanach that the word teluim or תלואים (hanging in suspense) is used. They are in this pasuk, as well in a pasuk in Hoshea 11:7, וְעַמִּ֥י תְלוּאִ֖ים לִמְשֽׁוּבָתִ֑י “And My people waver whether to return to Me, and to the matter concerning which they call them, together they do not uphold [it].” In Hoshea the context being to waver in wanting to repent or not, instead of hanging in suspense.

The Maharam continues by saying that this concept of hanging is also mentioned in a gemara in Rosh Hashana 16b: “That the fully righteous are judged for life on Rosh Hashana and the completely wicked are judged for death but those in the middle are hanging in suspense by teshuva (repentance) until Yom Kippur. If they do repent they are deserving  life and if they do not repent they are deserving death.” This, the Maharam says, is what “your life will hang in suspense” means; that your life will hang on repentance, just like a hanging scale teetering from one side to the other. (Click here and here for Hebrew text.)
The Maharam connects the pasuk with the curses of this week’s Torah portion to Rosh Hashana; but it seems not to make sense that everyone who is in this middle state every year, which is probably most of us, are in an accursed state waiting in limbo, to see what will become of us.

Rather, it would seem that the Maharam is sending a different message. There are two types of people in this world. (Really 3, the third one being one who doesn’t really fully focus or doesn’t focus at all on the incoming Day of Judgement). The other 2 understand full well that there is an incoming judgement, but there are two possible ways one can handle it.

If you look closely at the gemara in Rosh Hashana, it says that the in-between person’s judgement holds in limbo not his own life or death, granted that is the result of his judgement, but this is a different perspective. Namely that  a person with calmness and equanimity who realizing his life is on the line for the coming year and will take orderly and decisive strides to work on himself to make sure he learns enough mussar and instills in himself the proper fear of Heaven to accurately repent and be signed into the Book of Life by the time Yom Kippur ends.

Then there are other people, which the Maharam says the pasuk in the curses is describing, who take the upcoming day of judgement as a time of immense anxiety, where their focus is on their lives which is literally hanging in the balance. Imagine the scale hanging on each side, going up and down; will I do accurate teshuva, will I not; the nausea and dizziness of swinging up and down in doubt; wouldn’t that cause such stress and anxiety! It might thrust a person into action and they will in the end take the correct steps to repent appropriately and deserve to be signed into the Book of Life. But the means of getting to that point will be psychologically much more horrifying. It’s an accursed state of being.

There are clear times in Jewish History when all the curses described in the Torah portion came true and people literally felt their life were on the line and were unsure if they were going to  live to see the next day. But there were other times in history where the blessings of Hashem were clearly seen and there was much calm and peace, while still being deeply rooted in our G-D fearing ways.

But it would seem that even on an individual level there are two possible ways one can approach Yom HaDin, the Day of Judgement, (1) in a blessed serene manner or (2) in an accursed anxious manner. What steps will be taken at this awe-inspiring time to do teshuva? Will they be anxious and accursed or calm and orderly?

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.

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.

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.

Ki Seitzei – Mitzvah Escort

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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!

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.