Author: Rabbi Milder

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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. 

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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.

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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

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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.

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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.

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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.  

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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. 

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Chapter 1 Halachos 1-3

Chapter 1 end of halacha 1 – 3

End of halacha 1: There is a discussion amongst the Rishonim whether lashon hara and rechilus are all part of one verse of לא תלך רכיל בעמיך or is rechilus (tattletale) is worse than lashon hara (slander) and lashon hara is learned from לא תשא שמה שוא and although we should not need a verse for rechilus because we can learn it out from a Kal vachomer (fortiori) from lashon hara however the Torah goes out of its way to have a separate verse for rechilus in order so that the court can give lashes to one who falsely slanders someone else. Another ramification of the extra verse “Don’t walk as a tale bearer amongst your people” is that the prohibition starts even before one actually speaks lashon hara rather when he is walking to do the sin it starts. 
Halacha 2: A reminder that other prohibitions like revenge,hating someone in one’s heart etc. can be transgressed while speaking lashon hara. 
Halacha 3: A person who habitually speaks lashon hara is in a whole new realm called a “baal lashon hara” he or she goes around collecting info about people and then sits around with a crowd talking slander every day. This type of person is viewed as someone who spites Hashem and his Torah because he doesn’t just sin every once in a while but premeditatedly sins every day by creating groups of shmuzzers to speak loshon hara and rechilus.

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Chapter 1 Halacha 1

Today we started delving into the actual laws of loshon hara.

Chapter 1, halacha 1:

 (A) Lashon hara is slander about a fellow Jew even if it is the absolute truth. The Chofetz Chaim elaborates in his Be’er Mayim Chaim on 3 gemaras that prove lashon hara is even on truth. 

(1) Moed Katan 16a: The gemara there proves from the report that Moshe Rabbeinu’s messenger sent back of Dasan and Aviram that only a messenger of the court is allowed to speak slander which is true to the judges because there is some benefit for the court, implying in general a person cannot speak slander even if it is true. 

 (2) Sotah 42a: There are Four types of people who the Shechina will not go near, two of them are habitual liars and those who habitually speak lashon hara. If lashon hara is only when one falsely slanders another then it would be the same category as liars and we would not need both categories therefore it must be that speaking lashon hara is even a problem when speaking the truth. 

(3) Bava Basra 164b: Rebbe’s son brought a document which had a mistake on it. Rebbe wasn’t so happy, Rebbe’s son, Rebbe Shimon said Rebbe Yehuda the… wrote it. Rebbe scolded his son for telling him who wrote, he should have just said I did not write it. We see from this case that even though Rebbe Shimon was just telling truth it was still lashon hara and forbidden. Instead he should of stayed quiet or just give a deflecting response like “I didn’t do it.” Because there was no benefit to anyone for being an informant. 

Another example I gave was if a grocery store has some old, not so fresh food with bad expiration dates. You can’t tell someone don’t shop there because of a number of reasons: A. Maybe he wants other stuff, B. maybe he doesn’t care but if you say something you just make things worse. C. If it’s a known thing you are just stoking the coals. D. He can figure out himself if he wants to shop there or not. 

Lastly we discussed that even a change of one word from the truth could change what you say from lashon hara to what’s called motzie shem ra which is worse than lashon hara because the lie you say about someone could make them look even worse and amplifies the sin of slander. If a mixture of truth and lies can switch lashon hara into motzie shem ra certainly a complete lie is in that category and all the more severe!  

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Curses

This week we concluded the prologue of Sefer Chofetz Chaim it concludes with 3 (really 4) curses in the Torah associated with lashon hara which an be found in the Torah portion of Ki Savo.
 1. ארור מכה ראהו בסתר One is cursed for hitting his friend in a hidden place which the Sifri and Rashi on Chumash say refers to speaking lashon hara for he doesn’t physically strike his friend on his body but his speech effects the other’s emotions or heart. 
2. ארור משגה עור בדרך This curse is for giving people bad advice on purpose for one’s own benefit but it is also a curse for leading others to sin like in this case where the speaker of loshon hara is causing the listener to potentially sin if they want to listen and the listeners cause the speaker to sin by encouraging him to speak loshon hara through showing they want to hear what he has to say. 
3. ארור אשר לא יקים את דברי התורה הזאת לעשות אותם Hashem curses those who don’t take his mitzvos seriously and don’t accept upon themselves to make at least some effort to adhere to them. Even if he doesn’t care about one mitzva and habitually transgresses it even if he observes everything else he is what’s called a mumar for one thing. The issue is a lack of care to try to guard oneself from the sin not the transgression itself because it shows a lack of care to follow Hashem’s command. 
4. ארור מקלה אביו ואמו If one speaks lashon hara about his parents there is an addition curse.One of the ramifications of being cursed is being excommunicated in Heaven which is pretty scary. 
In conclusion The Chofetz Chaim said that this prologue should be reviewed over and over again because it might be the best deterrent out of anything else he writes, from speaking lashon hara.