Parashat Shavua

Hemdat Yamim Parashat Behar-Bechukotai

Hemdat Yamim Parshat Behar-Bechukotai 22 Iyar 5762 ============================================= This edition of Hemdat Yamim is dedicated to the memory of R' Meir ben Yechezkel Shraga Brachfeld o.b.m. ============================================= Making the Everyday Better in Every Way Sefer Vayikra is replete with descriptions of avodah, the service of Hashem through sacrifices, as carried out for centuries in the Beit Hamikdash. The first 34 p'sukim of our parasha, Behar, deal with mitzvot ha't'luyot ba'aretz, mitzvot which apply only in Eretz Yisrael. We find, in our parasha, the following pasuk to strengthen the need to fulfill a mitzvah: "I Am Hashem, your G-d, who took you out of the Land of Egypt to give you the Land of Cana'an to be for you a G-d" (Vayikra 25:38). Rashi explains: "To give you the Land of Cana'an as reward for accepting my commandments." In reward for which Land-linked mitzva(ot) does the Torah stress that we received the Land? None of them. It is found on the prohibition of taking interest on loans. Why is the rare connection between accepting mitzvot and receiving the Land apparently misplaced? We can break up the slew of mitzvot between man and his fellow man into two categories. There are negative commandments which forbid acts of corruption such as theft, withholding pay, false measures, etc. There are also positive commandments to engage in clearly altruistic acts such as charity, leaving the corner of one's field for the poor, etc. Not taking interest on loans seems to be, what we call in Yiddish, "nicht ahin, nicht aheir," it doesn't seem to fit in anywhere. One gives someone money yet demands it back. He takes extra money, yet it is apparently worth the borrower's while as he knowingly agrees (see Bava Metzia 61a). This observation may lead us to a solution. The holy city of Yerushalayim is certainly appropriate for the optimal service of Hashem through sacrifices. We certainly cannot demand from Hashem sovereignty over our Land while practicing abominations, whether between man and G-d or man and man (see Yeshaya 1). The Netziv posits that the term "Eretz Cana'an" refers, not so much to that nation's land, but to a land of commercial activity. The chidush of our pasuk is that Hashem gave us, as a nation, a land where we would not only be expected to reach spiritual heights and avoid obvious, spiritual lows. Rather, even when we are involved in everyday commerce, including loans, we are demanded to build a society which elevates those activities to a higher level of fair play. Hashem gave us this land of commerce to build there such a society. In these hard times, let us elevate our everyday, mundane activities by a notch or two and strengthen our hold on the Land which Hashem took us out of Egypt to give us. =========================================== P'ninat Mishpat - Dating of Ketuba - part II We saw last week that it can be problematic to date a ketuba when it is unclear, when it is filled out, whether the chupah will take place at the end of the day or the beginning of the next evening, which starts the next day. Two basic solutions can be employed. We said that the problem with writing the earlier date is that the ketuba will be pre-dated if its obligations begin at the chupah, which occurs on the next halachic date. The solution is simply to complete the obligations before sunset (before the chupah). This is done by the chatan performing a kinyan sudar by lifting up a utensil (preferably of the witnesses) to obligate himself in the content of the ketuba document. This is usually done, anyway, before the chupah. Here one just has to check his watch. The second approach is to write the night's date without special precautions. We said that the problem is that, until the date of the ketuba, the couple will be without one. But in almost all such cases, it is already night by the time the couple gets to the yichud room. In any case, yichud is likely permitted with a wife without a ketuba, as only full married life is forbidden (see Beit Shmuel, Even Haezer 66:1; Ezer Mikodesh, ibid.). Since both systems work according to most authorities, it makes most sense to write the date which is most likely to be correct. In any case, one should not drive the bride, groom, their parents, or the caterer (of course) crazy by trying to rush or delay matters. ============================================= Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) "Sanctity of the Mikdash" (Eretz Hemdah I, 3:12) [We continue our series on the sanctity of Eretz Yisrael. In honor of Yom Yerushalayim, we will discuss the sanctity of Yerushalayim and the Beit Hamikdash]. [We have seen that] there is a machloket whether the original sanctification of the Land (by Yehoshua) continued uninterrupted or was ended by foreign capture. So too, there is a machloket in regard to the kedusha (sanctity) of Yerushalayim and the Beit Hamikdash. In fact, the gemara (Shvuot 16a) implies that the two questions are interdependent. In the realm of p'sak halacha, the Rambam (Beit Habechira 6:16) rules that the first kedusha of Yerushalayim and the mikdash was never broken, even though he rules that the first sanctity of Eretz Yisrael was broken. [Ed. Note- it is based on this ruling that Jews do not enter Har Habayit]. The Rambam explains that since Yerushalayim's kedusha stems from the shechina (Divine Presence), it does not cease, just as the shechina does not cease. This, in turn, he learns from the pasuk, "I shall make desolate your holy places" (Vayikra 26:31), from which Chazal learn that even after they are desolate, they remain holy (Megilla 28a). Tosafot (Yevamot 82b) provides two additional sources for saying that the kedusha of Yerushalayim and the mikdash is not broken: 1) Yerushalayim is called nachala (an inheritance); 2) The pasuk, referring to Yerushlayim as the place of Divine Dwelling, says: "This is my resting place forever" (Tehillim 132:14). How could the Rambam "split his p'sak," regarding the longevity of the kedusha of Eretz Yisrael and of Yerushalayim, when the gemara connected the issues? According to this approach, the gemara's connection of the two disagreements is one-sided. In other words, Rav Nachman, who posits that the mikdash's sanctity ceased, by necessity follows the opinion that the kedusha of all walled cities in Eretz Yisrael ceased, as well. However, those who say that the kedusha of other walled cities stopped can still say that the kedusha of Yerushalayim and the mikdash continued. The Ra'avad's view is diametrically opposed to that of the Rambam. [As we saw in past weeks,] we rule that even though Yehoshua's sanctification was broken, Ezra's (Second Commonwealth) continues to this day (Rambam, ibid.- the Ra'avad does not argue). The Ra'avad though, holds that regarding Yerushalayim and the mikdash, even the second kedusha ceased. He explains that Ezra intended that his sanctification should cease, because he foresaw a special, future sanctification of the mikdash. ============================================== Ask the Rabbi Question: Who is supposed to say the Kaddish after Kri'at Hatorah: the Ba'al Korei or a mourner? Answer: Allow us to start with a little background. Each Kaddish has its own independent function, but there is also a strong interest to get to a minimum total of 7 Kaddeishim each day, in line with the pasuk: "Seven [times] in the day I praised you" (Tehillim 119:164; see Beit Yosef, Orach Chayim 55). The backbone of Kaddish is "y'hei shmei rabba..." which keeps the world intact (Sota 49a). In addition to general sanctification of Hashem's name in the world(s), there are specific reasons why it is important for a mourner to say Kaddish. Firstly, the resulting kiddush Hashem can cause atonement for the deceased for chilul Hashem he might have been involved in and for which he had not completed the teshuva process (Gesher HaChayim 30:4). It also can serve as tziduk hadin (acceptance of Divine judgement) (ibid). When a mourner serves as shaliach tzibbur, he has the opportunity to say the Kaddeishim which are part of the tefilla. In addition, Kaddish Yatom was instituted to provide mourners (one or all, depending on the local minhag) an additional opportunity, even if they are not the shaliach tzibbur. Kaddish Yatom, even though it can help unrelated Jewish deceased, in general, should not be said by one whose parents are both alive (Rama, Yoreh Deah 376:5; Pitchei Teshuva, ad loc.). Kaddish after Kr'iat HaTorah is not a Kaddish Yatom to the full extent, and the Ba'al Korei can recite it even if he has both parents (Gesher HaChayim 30:8). However, several sefarim (Sdei Chemed Aveilut 163; Gesher Hachayim, ibid.; P'nei Baruch 34:14) cite a teshuva of the Rashbetz that mourners have the right to say this Kaddish. Although a mourner can do so even if he neither is the Ba'al Korei nor received the last aliyah (Elef Hamagen 3:3), sometimes it is arranged that the one who will say Kaddish gets the last aliyah (Kol Bo al Aveilut, pg. 374). On the other hand, we have heard in the name of Rav S.Z. Orbach z.t.l., that the Kaddish after Kri'at Hatorah belongs to the Ba'al Korei. In practice, different congregations have different customs in this regard, and many have no set policy on the matter. It is critical to remember, regarding Kaddish, the Gesher Hachayim's warning. Since Kaddish is designed to rectify chilul Hashem, it is tragically counter-productive to fight over it and create further chilul Hashem. =================================================== Eretz Hemdah is the premier institution for training young rabbi's to take the Israeli Rabbinate's rigorous Yadin Yadin examinations. Eretz Hemdah, with its distinctive blend of Religious Zionist philosophy and scholarship coupled with community service, ensures its graduates emerge with the finest training, the noblest motivations and the strongest connection to Jewish communities worldwide. =================================================== Harav Shaul Israeli zt"l Founder and President Deans: Harav Yosef Carmel Harav Moshe Ehrenreich ERETZ HEMDAH 5 Ha-Mem Gimmel St. P.O.B 36236 Jerusalem 91360 Tel/Fax: 972-2-5371485 Email: eretzhem@netvision.net.il web-site: www.eretzhemdah.org American Friends of Eretz Hemdah Institutions c/o Olympian 8 South Michigan Ave. Suite 605 Chicago, IL 60603 USA Our Taxpayer ID#: 36-4265359

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