Author: Rabbi Milder

Posted on

Torah Riddles Test #4

Question: Why isn’t it a problem to put tzitzis onto a garment which has shaatnez and then take out the shaatnez?

Background:

A. The problem is that there is a rule that one can only put tzitzis on a garment which already requires tzitzis. For example if a garment has rounded corners which are not obligated in tzitzis and he tied tzitzis on each round corner and then cut the corner so it would be square which now makes the garment obligated in tzitzis, he must now untie the tzitzis and retie them to be allowed to wear the garment.

B. The main problem is that you can’t perform a mitzvah through doing a sin.

C. The prohibition of meat and milk has to do with a mixture this is the same prohibition of shaatnez, a mixture of wool and linen.

Answer: The issue of shaatnez and tzitzis do not cross paths for the prohibition of shaatnez is in the mixture whereas the mitzvah of tzitzis could be performed within the measurement of wool by itself, assuming most of the garment is wool and there are just a few strands of linen mixed in.

Posted on

Torah Riddles Test #3

  1. Question: How would a rabbi teach a litigant to lie if before the court case he heard his side and not the other side and then wrote down his thoughts on the case although not writing a final decision (see Shulchan Aruch Choshen Mishpat 17:5 in the Rema)?

Background:

A. The Vilna Gaon (note 11) says this ruling is based on a Mishna in Pirkay Avos (1:9) “Shimon ben Shetach says: Interrogate the witnesses extensively; and be cautious with your words, lest they learn to lie.

 B. The Artscroll footnote in the siddur on this Mishna says: “Speak carefully to witnesses and litigants, lest the direction of your interrogation gives them a hint on how to fabricate their testimony to tell you what they think you are looking for.

C. The Rema say the same issue would be if the sage would tell the litigant after he explains his side of the case, “if so then this is how it should turn out…”

Answer: Because now this litigant can use what he heard from the rabbi or what the sage wrote up to strengthen his defense whether it is right or wrong since the rabbi only heard one side of the argument.

Posted on

Tetzave – Levels of Peace in the World

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.

“Shalom, peace, is one of the most exalted character traits in existence, for it is one of Hashem’s names, as it says: ‘And he called to Him Hashem, Shalom’(Shoftim6:24).” The Maalos Hamiddos also says: “Any place peace is found, fear of Heaven can be found, and any place peace cannot be found, fear of Heaven cannot be found” (Maalos Hamiddos, chapter 24, ma’alas HaShalom).

If one Googles the definition of the word peace he will find: peace [pees] NOUN
1. The normal, nonwarring condition of a nation, group of nations, or the world.
2. (Often initial capital letter) an agreement or treaty between warring or antagonistic nations, groups, etc., to end hostilities and abstain from further fighting or antagonism: the Peace of Ryswick.
3. A state of mutual harmony between people or groups, especially in personal relations: Try to live in peace with your neighbors.
4. The normal freedom from civil commotion and violence of a community; public order and security: He was arrested for being drunk and disturbing the peace.
5. Cessation of or freedom from any strife or dissension.

Yet Rashi says in this week’s haftorah for the Torah portion of Tetzaveh: “I found the following: The second Aliyah to the Holy Land through Ezra was merited to be like the first entry through Yehoshua, to come about by force and through a miracle, as expounded (Berachos 4a, Shemos 15:16); ‘until…pass.’ This building [of the beis hamikdash] would then have been fit for them as of then, when they emerged from exile, to an everlasting redemption. But their sin caused this not to happen for their repentance was not suitable, i.e. they did not resolve to stop sinning. Therefore, they emerged to freedom only through the sanction of Cyrus and his son.” (Rashi on Yechezkel 43:11) (Click here and here for Hebrew text.)

According to Rashi, the world could have been a totally different place if the Jewish people would have repented 100% and would have decided with complete resolve to not sin ever again; Moshiach would have come. It would seem that the dimensions of the beis hamikdash would have been different than the way in which the second beis hamikdash was actually built. The dimensions described in Yechezkel, the Radak and others say, were that of the third beis hamikdash, may it come speedily in our days. But, in fact, if Moshiach would have come and this would have been the final, perfected version of mankind, then the architecture of the second beis hamikdash would have been, as Yechezkel describes, the third. The process of returning the Land of Israel would have been different as well; instead of Cyrus and his son peacefully allowing the Jewish people to return to their homeland after 70 years of exile and rebuilding the beis hamikdash, Ezra and the rest of the Jewish people would have conquered the land by force, presumably from the Persians, with open miracles, just as Yehoshua and the Jewish people did when conquering the land back in their day.

If peace is so important that the Mishna in Pirkei Avos says: “On three things the world exists, on judgement, on truth, and on peace” (Avos 1:18), and the Maalos Hamiddos further says: “My son, come and see how great the power of peace is, that even the enemy, Hashem says, one should offer them peace, as it says, ‘When you come close to a city to wage war upon it, and you shall first offer it peace’ (Devarim 20:10),” then why was Hashem ready to take back the Land of Israel by force with miracles in order to set the stage for the final redemption and the coming of Moshiach, if Cyrus and his son were willing to peacefully hand it over to them, as they in fact did?

It would seem that there are two states of peace, which by definition means there are two definitions, or levels of peace. One is a compromise, a state of being where there is officially no fighting, no violence, all is serene and peaceful; but it is not necessarily permanent or guaranteed.

However, Hashem in His Divine understanding and with ultimate goals, has another peace in mind, one which we in fact pray for at the end of our Shemone Esrei in Sim Shalom and conclude as we take 3 steps back: “He who makes peace in His heights, may He make peace upon us,and upon all of Israel.” Peace in Hebrew, Shalom, comes from the root ש.ל.מ., complete or full, i.e. perfection. Hashem’s ultimate state of peace is perfection, a time when the entire world will be ready to embrace Him as The Creator of the Universe, King of all Kings, The Holy One Blessed Be He.

It would seem that there are certain times in history when it is more opportune for this state to come about, though it is possible at any moment. One of these times could have been the rebuilding of the second beis hamikdash, but in order for this perfect state to exist, (A) the Jewish People had to have fully committed themselves to a state of perfection, not to sin ever again. (It would seem that at the time they reached a level possibly higher than what was reached at Mount Sinai when they reaccepted the Torah out of pure love of Hashem after the miracle of Purim as it says in Shabbos 88a, but on some tiny, tiny, minute level they must not have fully accepted to not sin ever again, therefore they were not deserving of the ultimate redemption). However, (B) hand in hand with the ultimate redemption and a state of completion in the world, everyone else, all the non-Jews would have to be ready to accept this yoke of Heaven, in their own right. It would seem that if Moshiach and a new advent in history was ready to take place then being under the control of the Persians and then being let go back to our home land to rebuild the beis hamikdash would have been a sign of their control and power, with all their viewpoints and ways that would have clashed with the ultimate state of perfection. Therefore, force and miracles would have to have been taken to annihilate any other power and to show the world that Hashem is in reality the only Truth.

It would not seem that Hashem would generally advocate violence; on the contrary, the harmony of everything in nature is run through peace, and order, night, day, land and oceans, stars, planets, galaxies even the angels all need peace in order to be unified and not to collide or swallow up each other, but this is only part of the perfection of the world which Hashem has created. Hashem is waiting for us to join this state of peace and perfection and on the contrary Hashem is very deliberate with His ways and would prefer all of humanity to acknowledge and live by the knowledge of His existence and Oneness but if the time comes and humanity as a whole is not ready to accept perfection then with calculated force and miracles, not brutal violence, Hashem’s greatness will shine and be made clear throughout the entire world, may it come speedily in our days!

Posted on

Chapter 1 Halachos 7, 8

Halacha 7: We have an obligation not only to sacrifice our money but all the more so, our self pride for the sake of not sinning especially this grave sin of lashon hara. Even if you are sitting in a crowd and can’t just walk away and if you don’t speak up in the conversation you’ll be laughed at or made fun of, or even worse people will start characterizing you and fellow Torah observant Jews as out casts, still in all one cannot join in on speaking lashon hara. 

Halacha 8: Lashon Hara is an issue whether spoken, written, or even hinted to like by pointing or winking with a clear indication that you are trying to send a bad message about someone else or making fun, even just handing someone a sloppy letter that someone else wrote is still forbidden. However we learned that if something bad is known about someone and was heard in front of at least 3 people then repeating it is permissible as long as it does not make things worse. Also if you are trying to teach a lesson and saying it won’t make things worse it could also be permissible and we will elaborate more on the exceptions in chapter ten. 

Posted on

Teruma – A Clearer Picture

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 Teruma we discuss the preparations and blueprints needed to build the Mishkan and the vessels inside. The Aron, the Holy Ark, was placed in the most Holy of Holy part of the Mishkan.

The Rabbeinu Chananel says that the Aron alludes to a righteous sage; his insides [intentions] must be like his outsides [actions], just as the Aron was plated gold on the inside and outside [with a layer of wood in the middle]. Similarly, just as the floor of the Aron was 2.5 amah by 1.5 amah (which is 4 amos squared minus a quarter: 2.5×1.5=3.75), so too a righteous person should limit himself regarding the four foundations of his body and add to his righteousness and good deeds. And just as the height of the entire box enclosure of the Aron was a square of 12 amos [1.5x (1.5+2.5+1.5+2.5) =12] because the long walls were 7.5 amos [1.5x (2.5+2.5) =7.5] and the wide walls were 4.5 amos [1.5x(1.5+1.5)=4.5], so too the righteous person should fulfill the 12 conditions spelled out in Tehillim perek 15. A level above a righteous person is a prophet and the covering on the Aron is a hint to the prophets being a level higher than the righteous. Just as the covering was completely gold so too a prophet was completely righteous, as it is written: “All the sayings of my lips are with righteousness” (Mishlei 8:8). The Keruvim on top of the covering were a hint to the angels which are a level above the prophets, and they spread out their wings upward as a hint to the Holy Presence which is a level above the angels, for the angels are the Throne of Honor to accept the Honorable Holy Presence. And this is what is written: “[turned] toward the ark cover shall be the faces of the Keruvim” (Shemos 25:20). The Keruvim [Angels] would look downward towards the covering of the Aron and they were not permitted to look up, for Hashem is above everything as it says: “which is called a name, the name of the Lord of Hosts who dwell upon the Keruvim [being] upon it” (Shmuel Beis 6:2). (Click here for Hebrew text.)

It seems that all the components of the Aron HaKodesh were designed to be a lesson and reminder for tzadikim on how to act and what they represent. There is also a reminder for all of us about the levels of spirituality and holiness: tzadik-prophet-angel-Hashem.

However, what seems perplexing is that the Aron was always kept in the Kodesh HaKodashim, Holy of Holies, and was rarely seen by anyone throughout history; so how could it have been a reasonable reminder for the righteous on how they should represent themselves and act? What is the point of making such a thing for this purpose? Why is it any better to make it with these exact dimensions to teach these hints than for the tzadik to develop his righteousness through learning mussar sefarim [books on character development], taking classes on how to be a better person, and putting into practice what he has learned and developed? The Mussar sefer, Mesillas Yesharim [Path of the Just], is a perfect example of how to master righteousness one level at a time. It is based on a Braisa of Pinchas ben Yair in Avoda Zara 20b. If a person does master each levels in the sefer he is guaranteed to become a great tzadik and will be a level immediately below prophesy. If this is true, what then does the Aron HaKodesh add, especially if it is not seen by too many tzadikim? Seeing is better than hearing about something only if you actually see it; but if you can’t see it, what impact would it have on a person? And if so, why did Hashem go out of His way to create something with specific dimensions and looks in order to be a reminder if it is not a practical reminder?

The answer must be that even if very few tzadikim saw the Aron Kodesh, simply by knowing it is there and what it represents, or learning about how it is made and why it was made in that fashion, adds to the understanding and feeling of needing to live up to that level of righteousness. Meaning, even though they might never have seen the Aron Kodesh and therefore don’t have an actual physical reminder of what they stand for, the very knowledge of its existence, and the mental picture it forms in their minds can have a great impact or adds more to the impact than just learning about how to be a righteous person. The picture in their minds adds more of an impetus to act in the proper way than merely learning about how to act in the proper manner.

So too, for us, the picture in our minds or even in textbooks of the Aron, with the curtain on top, and the keruvim looking down and not up, can bring us to a greater and clearer realization of levels of spirituality and holiness, if we ponder it. A whole new level of understanding and belief in Hashem could be reached which would not have been as clear to us if the Aron HaKodesh and its components would not have been made in the fashion that it is to represent.

Posted on

Chapter 1 Halachos 5, 6

Halacha 5: Not only is one not allowed to speak lashon hara voluntarily but even if someone is trying to coerce another to speak slanderously about someone else, it doesn’t matter if it is your parents, rabbi, or even the king you cannot tell them any lashon hara about someone else unless it is for a constructive purpose and all the parameters mentioned later on are met. Lashon hara is like any other mitzva, Torah or rabbinic which one cannot listen to parents or even a rabbi if they say to transgress and must even stop them from transgressing if one sees any of them doing a sin.

 Halacha 6: If it means one has to lose money, whether losing a chance of a promotion or even a demotion or even losing one’s job, and even if it means the means of one’s livelihood and supporting a family is in danger one still must not speak lashon hara and be ready to look like a fool in the eyes of one’s boss and fellow employees. Lashon hara is like any other mitzva that one must be ready to sacrifice all his money and not transgress, whether on a Torah level or rabbinic.  

S

Posted on

Torah Riddles Test #2

  1. Question: Why does a boycott fall on relatives who don’t come through in one case but not in the other?

Background:

A. In Shulchan Aruch Choshen Mishpat 16:3 it says that if one of the litigants has a claim to win the case with witnesses or proof but does not know who they are or who has the proof the judge must put a boycott on anyone who knows the litigant’s innocence through witnesses or proof, in order to come forward and inform the court. The Be’er Heitiv (8) says this boycott applies to relatives of the litigant as well.

B. In 28:2 the Rema says that we poskin that when a person makes an announcement in shul that anyone who can testify for him should do so or be put in boycott that does not apply to relatives since according to the Torah relatives cannot testify.

The Sm”a 28:2:19 and the Be’er Heitiv quoted before says that in the first case we are just looking for people who know the witnesses or proof to bring the forward but in the second case the boycott is on those actually needing to testify and relatives aren’t allowed to testify so they are excluded from the boycott even if they knew what happened.

Posted on

Mishpatim – “Him who is Gracious to the Poor”


The mitzvah to give a loan to a fellow Jew in need comes from Devarim 15:8, “Rather, you shall open your hand to him, and you shall lend him sufficient for his needs, which he is lacking.” However, in this week’s Torah portion of Mishpatim, the Torah gives an additional instruction, when one does give a loan to his fellow Jew on how not to do it: “When you lend money to My people, to the poor person [who is] with you, you shall not behave toward him as a lender; you shall not impose interest upon him” (Shemos 22:24).
Based on this pasuk, “When you lend money…” The Medrish Tanchuma says “This is what is meant when it says “He who increases his riches with usury and interest gathers it for him who is gracious to the poor” (Mishlei 28:8). How does this happen? If a Jew needs a loan and then a non-Jew comes and asks for a loan. If he says it is better to lend to a non-Jew and charge interest then to lend to a Jew and not charge interest, and by doing so becoming wealthier, to that King Shlomo screams ‘He who increases his riches with usury and interest’. ‘Gathers it for him who is gracious to the poor,’ refers to Eisav. Was Eisav really gracious to the poor, wasn’t he oppressive to the poor? Rather what this means is that the government will hear about the usury and interest, and challenge him over his rights to it, then take his money and build from it buildings for the need of the country, bathhouses, and structures made out of pillars and canopies to stroll under in order to protect the public from sun, rain, and to direct clear breeze to cool people down. All this for the need of the country and those who pass through and return into the country and that is what’s meant by ‘gathers it for him who is gracious to the poor’ (Medrish Tanchuma, parshas Mishpatim, paragraph 19). (Click here for Hebrew text.)
Though this Jew did not transgress the prohibition of charging interest to a fellow Jew, but he still did not fulfill the mitzvah of giving a loan to a fellow Jew, a brother in need, in order to make an extra buck by lending to a non-Jew. For this reason, measure for measure, Hashem does not allow the money he earned to stay in his hands rather it is collected by “him who is gracious to the poor,” meaning Hashem causes this person to be stricken with poverty by flesh and blood because it is the nature of the government to punish him and confiscate his wealth in order to be gracious to the poor. (See the Bi’ur Ha’Amarim on this medrish.

The Jew in this case was not asked to give up any of his money; a loan must be paid back. Hashem just does not allow him to earn more money at the expense of his fellow Jew when he is in need. We see from here that the result of not lending to a fellow Jew in need, and instead lending to a non-Jew in need just to make money off interest causes the government to have a claim against this person’s wealth and raise his taxes in order to support those who are in need. However, why is this a punishment, why is it any different than giving tzedaka, teruma, maaser, peah, or anything else which the Torah says you must or should give up your personal wealth for in order to support your fellow Jews who are less off then you are?

The difference is that by mitzvos like tzedaka you might be losing money but you are gaining eternal reward, and even in these cases, for example maaser, tithes to the poor, Hashem guarantees if you abide by the mitzvah you will become rich. However if the government collects a large portion of your wealth to give out to the poor and support the infrastructure of the country you don’t get any reward in this world or the next, this is why it could be a punishment.

It would seem that Hashem had in mind ideally for individuals or even private groups like charities or a kupah, to set up systems of distribution to those who are not as well off or in need. There are even rules in maseches Bava Basra 7b-8a about the upkeep of individual cities, their roads, walls, security, etc. These individualized systems are in order for both the giver and recipients to benefit. However the control of government over people’s assets on a major nationwide scale perhaps could be a sign of punishment instead of a way of peacefully sharing the wealth in the world.

Posted on

Haftorah for Parshas Mishpatim- Hashem Never Gives Up On Our Leaders

Chaza”l in their deep wisdom formulated this week’s haftorah in a backwards way but there is a profound lesson they intended to teach. The haftorah starts with an obvious connection to the beginning of our Torah portion in Mishpatim which discusses owning Jewish slaves. In perek 34 of Yirmiyahu the haftorah begins with the way the Jews treated their fellow slaves in the days of King Tzidkiyahu. For many years they had kept their Jewish slaves, even beyond the 7 years the Torah allows one to keep a Jewish slave involuntarily. Yirmiyahu, warning about the coming doom of the first Beis Hamikdash aroused King Tzidkiyahu to set all the Jewish slaves free and they made a great ceremony commemorating their freedom and a recovenant with Hashem and his Torah after straying from His ways. However this didn’t last long and they took back their Jewish slaves for long periods of time and strayed farther and farther from Hashem until the destruction of the Beis Hamikdash became inevitable.

However the Haftorah concludes with the last two pesukim of the previous perek: “So said the Lord: If not My covenant with the day and the night, that the statutes of heaven and earth I did not place. Also will I reject the seed of Jacob and David, My servant, not to take from his seed rulers over the seed of Abraham, Isaac, and Jacob, when I bring back their captivity and have mercy upon them” (Yirmiyahu 33:25, 26). (Click here for an interesting halachic discussion on how we are allowed to go backwards when reading the Haftorah.)

The Mahar”I Kara explains the last two pesukim, “Hashem is saying, If I will not fulfill the covenant I made of guaranteeing that day and night would never stop as it is written, ‘There is still all the days of the land, planting, harvesting, cold, heat, summer, winter, day and night, they never rest.’ If they would rest then it would be as if the laws of heaven and earth would never have existed (meaning the world would cease to exist.)   And as long as the covenant between day and night is fulfilled I will not hold back from the Jewish people the ability to acquire leaders from their own people. (Click here for Hebrew text.)

Just as Hashem guarantees there will always be the cycle of nature and time in the world, the four seasons, day and night and the cycles of vegetation, though sometimes there are massive destructive forces of nature in the world like hurricanes, tsunamis, blizzards, earthquakes, and tornados that disrupt life so to Hashem promised the Jewish people that no matter how corrupt their leaders become He will never exchange them with non-Jewish leaders to lead His people. No matter how far off they might have strayed from Torah ideals, a Jewish leader will always be the preferred choice for the Jewish people. If this one doesn’t work out hopefully the next one will be better but it is without a doubt that even the most righteous gentile will not be a favorable fit to lead the Jews.

This is the message Chaza”l is teaching us in this haftorah when we first read perek 34 of Yirmiyahu and end with the last two pesukim of perek 33, that as big of a mistake the leaders of the Jews made prior to the destruction of the first Beis Hamikdash, Hashem still guarantees the Jewish people that the best leaders come from their own people.

Throughout Jewish History and especially throughout our exile, there have always been leaders who keep the Jewish people together. The Gedolei Hador, the leading rabbis in each generation are our guidance and give us hope.  

Posted on

Chapter 1, Halacha 4

Chapter 1 Halacha 4: When the Rabbis say lashon hara is worse than the big 3, idolatry, adultery, and murder, and not only is one punished in this world, one has no share in the World to Come, they are referring to someone who habitually speaks lashon hara, a baal lashon hara. This person might have known lashon hara is a sin but now he doesn’t even realize he is doing anything wrong because he speaks it so often. This is worse than the big 3 because, for example, if one is sentenced to death for murder and before he is executed he admits he did wrong and repents then he gains his share in the World to Come but this person who is constantly speaking lashon hara and not even thinking about the ramifications of what he is doing or saying is essentially rebelling against Hashem without any remorse. The fact that he doesn’t think he is doing anything wrong and has no intention of admitting his guilt and repenting make it worse that the big 3.