b Parashat Shavua - sucot

  Main | Parashat Shavua French | Hebrew  
Dov Goldstein
Hitnachalut 11 Karnei Shomron
tel. 972-9-792 0838                     fax 972-9-792 0837
celphone: 972-52-424 305         tora@tora.co.il

logo 

Main >   Parashat Shavua
 Eretz_Hemdah




Hemdat Yamim Parashat Bmidbar 5764

Hemdat Yamim Parshat Bamidbar 2 Sivan 5764 *********************************************** This edition of Hemdat Yamim is dedicated to the memory of R' Meir ben Yechezkel Shraga Brachfeld o.b.m., Yitzchak Eliezer Ben Avraham Mordechai Jacobson o.b.m, **************************************************************************** *********************************************** Eretz Hemdah is the premier institution for training young rabbis to take the Israeli Rabbinate's rigorous Yadin Yadin examinations. Eretz Hemdah, with its distinctive blend of Religious Zionist philosophy and scholarship combined with community service, ensures that its graduates emerge with the finest training, the noblest motivations resulting in an exceptionally strong connection to Jewish communities worldwide. **************************************************************************** *********************************************** The Levi'im- An Exalted Tribe or a Banished One? Harav Yosef Carmel A careful look at the p'sukim that describe the Levi'im's appointment as functionaries in the activities of the Mishkan (Tabernacle) (Bamidbar 3:6-13) uncovers the following observations: 1) The choice of Aharon and his sons as Kohanim preceded that of the Levi'im to their job. 2) The Levi'im were "handed over" to the Kohanim to assist them in their duties. 3) The Levi'im received the responsibilities that were originally supposed to be given to the frstborn. But the p'sukim do not spell out when and why the responsibilities were transferred from the firstborn to the Levi'im. Let us search for answers. Rashi (ad loc.) explains that when the firstborn were involved in the chet ha'egel (sin of the golden calf), whereas the Levi'im refrained from the idolatry, the Levi'im were chosen to take their place. Rashi does not mention when and why Aharon's family was chosen as Kohanim. He also does not say that the Levi'im's appointment was a prize for their behavior during chet ha'egel, but rather that the position was vacated when the firstborn sinned, and the Levi'im were the ones who took over. Rashi follows his major thesis that the Torah is not presented in an exact chronological sequence, and, specifically, that the instructions to construct the Mishkan followed chet ha'egel by several months (the project began right after Yom Kippur- Rashi, Shemot 31:18). Thus, we do not have a clear indication that the Levi'im's appointment was a direct or immediate prize for their role within that crisis. We will investigate a different aspect of the Tribe of Levi's legacy before tying things together. The 12 tribes were blessed by two of our nation's great leaders before the respective death of each. Yaakov, in relating to Shimon and Levi, two sons who had caused him much trouble, banished them from positions of leadership ("I will break them up in Yaakov, and I will scatter them in Israel" (Bereishit 49: 5-7). In contrast, Moshe praised the Tribe of Levi's spiritual level, conferring upon them spiritual leadership in the service of Hashem and stressing their role of upholding the covenant in times of trial and tribulations (Devarim 33: 8-9). How do we deal with these contradictory appraisals of Levi's standing? We can propose two fundamental approaches. 1) The Levi'im were pushed off by Yaakov but were redeemed by Moshe because of their contribution at chet ha'egel. 2) Moshe maintained Yaakov's misgivings toward the Levi'im, but devised a way of incorporating them into appropriate roles while neutralizing the dangers. If we take the second approach, we can explain as follows. The Kohanim were chosen first for their exalted role, not because they were from Levi but despite that fact and because of their unique qualifications as a holy family. The Kohanim could not do all the work themselves, and so assistants were sought out. The firstborn had the opportunity to get that role, but when they lost the opportunity, the Levi'im filled the void. As the Levi'im role was that of assistants, not leaders, it did not contradict Yaakov's instructions. Let us pray for the Levi'im's and Kohanim's return to their special roles. **************************************************************************** ******************************************* P'ninat Mishpat – Money Promised for an Honorable Plot in the Cemetery (excerpts from Piskei Din Rabbaniim- vol. III, pp. 235-247) Case: A wealthy man was buried in one of the most honorable plots in a cemetery. The chevra kadisha demanded that his son pay 500 lira for the special plot as was agreed upon before the burial by them and the deceased's brother-in-law, who served as the son's representative (the brother-in-law concurs). The son denies authorizing his uncle or ever agreeing to the price of 500 lira and says that he need not pay for more than the price of a regular plot. He says that, in any case, the chevra kadisha, which is supposed to serve the community of which he is a part, has no right to charge more for one plot than another. He continues that, in any case, any obligation that he made was under duress, as halacha recognizes the pressures on a bereaved family before burial, as we see from their exemption from mitzvot at that point. Ruling: The chevra kadisha's practice to charge a price it considers fair for a cemetery plot is confirmed by the Chatam Sofer (Shut, Yoreh Deah 330). He says that not only is it proper to take some money for the plot in order that the deceased will be considered buried in his own plot, but there is also a concept of a family agreeing to pay more in order for their relative to be buried in a particularly desirable location. In general, there is no ona'ah (claim of mispricing) on fields. But beyond that, since it is customary to have different prices for different areas, the fact that one pays more for a certain plot is logical and does not normally leave room for complaints at a later time. The chevra kadisha is the representative of the community not only to do the burial but also to ensure that there is enough income from those who use their services and buy the land that the community set aside for burial to ensure that they can continue functioning without dipping further into public funds. In this case, the rabbi of the municipality testified before beit din that the deceased was indeed buried in the most respected location possible, and the price of 500 lira does not seem exorbitant. It is not possible to claim that obligations accepted before a funeral are not binding. We do find that relatives are exempt from mitzvot at that time, because they are too busy with their grief and arrangements to enable them to involve themselves in mitzvot. But as far as the obligations of the burial, there is no reason to consider them incapable of making binding decisions. If we were to say as the defendant suggests, then no burial arrangements (which are almost always done after death) could ever be done in a reliable fashion. **************************************************************************** ********************************************* Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Reflections Right After the Six Day War - part II (from Sha'alu Sh'lom Yerushalayim, pp. 53-55) [In the first part, we brought Rav Yisraeli's reflections on the frightening situation Israel was in before the Six Day War, both because of the external threats but also because of internal weakness. He described the abrupt turnaround in the national mindset before the war, with a surge in the spirit of belief in Hashem and of self-sacrifice, which led up to the great victory. Now we will see his early reflections on the aftermath of the war.] Indeed we hear of a strong awakening toward full repentance. There are many among those who were never taught by their parents to believe in Hashem who admit and say: "from Hashem this came into being, it is fascinating in our eyes." Indeed it is fascinating in all of our eyes. Rabbis of Israel, the obligation placed upon us to guard the holy fire which has been revealed lest it be covered by a pile of compost has grown manifold. Rather we must strengthen this flame and blow air into it in order to return the nation to the way of Torah and mitzvot and the legacy of the religion taught to us by Moshe. Let us correctly characterize this period of history and direct the nation toward the great days that are approaching. Let us know and let us tell the nation that these are the days of Mashiach. That which has been uncovered is like nothing in comparison to that which is yet to be revealed. [Ed. note- there is another sentence about the expected, upcoming days which can be understood in different ways, and we have left it untranslated.] Let us nurture in us the feelings of brotherhood that have been revealed in the nation, and let us fend off the beginnings of fights and discord. Let us bring the nation back to our Father in the Heaven, Who is leading us to the fulfillment of a great destiny. Let us delve into learning the words of the Torah, the Prophets, and the Rabbis, and inculcate in the nation the idea that the redemption of Israel is nearing. Let them know that we are in the process of fulfilling the pasuk: "Behold it is a nation that rises like a lion cub and raise itself like a lion" (Bamidbar 23:24). For the prophecy of the end of days is progressing toward actualization, and the nation should prepare for the appearance on the scene of the Divine Kingdom over His chosen nation. Let the great call emanate from us, rabbis of Israel, for the people to return to Hashem with all their hearts and souls. Let us teach wisdom to those who have strayed. We must plant in their hearts the love of Torah and fear of Heaven and bring them to appreciate the sanctity of Shabbat and the eternal covenant between Israel and its Master. We must explain the value of the sanctity of our living quarters and the purity of the daughters of Israel. Let us bring them to seek reliable education for the children and set aside for themselves time for Torah study. The community of those who have always been dedicated to Hashem and His Torah should add on to their inner strength, uniting with greater love and brotherhood, by refraining from bickering. Rather we should relate to each other in peace and join in prayer to Hashem that the "Builder of Yerushalayim, He should gather in the dispersed of Israel and return His Presence to Zion and to His nation in great mercy." [Ed note- How inspiring it is to relive the great excitement and expectations of those glorious days. How sad is it that we, for whatever reason, did not see the quick progression toward the final, complete redemption. Let us pray for the imminent fulfillment of all of those grand expectations, something which does not look as close now as it did three dozen years ago, but hopefully is right around the corner.] **************************************************************************** ******************************************** Ask the Rabbi Question: Is a pedestrian halachically forbidden to cross at a red light when it is safe to do so? Answer: Although we will discuss halachic elements of this question, we protest the tendency to hide behind the occasional difficulty in finding a halachic category to forbid a clearly improper practice (under normal circumstances). While we will discuss the situation in Israel, the bottom line is much the same in any country. We will deal with different issues one by one: Dina d'malchuta (the law of the land): According to most authorities, dina d'malchuta is binding in Eretz Yisrael, as well (see opinions in Encyclopedia Talmudit VII, pg. 307) and certainly in regard to laws enacted for public welfare, not to enrich the king (Shut Chatam Sofer, CM 44). We are of the conviction that the Israeli government has a halachic status of malchut (kingdom) (Rav Kook- Mishpat Kohen 144; Rav Yisraeli- Amud Hay'mini 7; see also Techumin, III 238-249). Although there is a machloket whether dina d'malchuta governs only matters related to the king's interests or even relationships between people, that is primarily because such power would usurp the role of Torah law in those areas (see Shach, CM 73:39). It certainly is not a threat to Torah principles if the government decides rules for crossing public streets. Therefore, traffic rules are binding. Secondly, in our times, the government pays for much of the expense of accidents (medical, disability, ...) and so it is an interested party, as well. It is illogical to say that the government is allowed to punish those who violate laws, yet we may violate them if we dare. If the Torah recognizes its authority in these matters, then we are thus bound by the Torah to accept, not rebel against this authority. A likely difference between a regular Torah law and the authority the Torah grants governments is in cases where the government does not mind if one technically violates one of their rules under specific circumstances where the law was not intended. However, this concept should be used sparingly. (In most cases a pedestrian would deem it safe to cross at a red light, he would not do so while being observed by a policeman.) Endangering one's life: In recent years, one third of traffic fatalities were pedestrian. One must assume that many of them could have been spared had they been careful and followed rules they deemed unnecessary. Nevertheless, it is hard to disqualify a responsible person from judging when it is safe to cross a street. (It is our observation that people are incapable of crossing streets carefully while speaking on cell phones.) Additionally, there is a concept of dashu ba rabim, that it is permitted to enter a potential danger which people regularly ignore (Yevamot 72a). Chillul Hashem (desecrating Hashem's Name): One should learn well the gemara in Yoma 86a. It not only stresses chillul Hashem's severity but also the fact that the more one represents the Torah, the stricter the parameters of when he is deemed to have caused it. We have heard people comment that religious people are more likely to ignore rules of the road. Although we object to such prejudices, we also object to people's actions which enable such claims to be made. Example for children: When children (including our own) see adults ignore the rules of the road, they learn to follow suit, often with tragic consequences. Contributing to an atmosphere: None of us are individually to blame for the atmosphere of disregard for laws, manners, and the value of human life on our streets, nor can we of improve it significantly alone. But since a whole is made up of many parts, each of us is obligated to do his part in pushing things in the right direction, not the wrong one. When pedestrians disregard their rules, motorists are less likely to act courteously or even safely at crosswalks and intersections. After honestly considering the various factors, a yarei shamayim should not ask (although some do), "Nu, so is it really asur?" But if he does, our answer is that it is almost always asur. 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