Parashat Shavua

Hemdat Yamim Parashat Mishpatim

Hemdat Yamim Parshat Mishpatim 29 Shevat ========================== This edition of Hemdat Yamim is dedicated to the memory of R' Meir ben Yechezkel Shraga Brachfeld 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. =========================================== Down from Sinai and Back Up Again Right after the incredibly spiritual experience of matan Torah, our parasha concentrates almost entirely on civil law. The Ramban says that the commandments after matan Torah are parallel to all of the Ten Commandments. The Torah's civil law helps guide a person to know what is his and what is not, so that he won't come to covet his friend's things. But where are the proportions? How can there be one pasuk for idol worship and a whole parasha on not coveting? If you take a good look at some of the "religious mitzvot" that are mentioned in the parasha, you will see that even there the humanistic element of the mitzva is highlighted. (For example, the reason given for Shabbat is that one's animals and servants shall rest (23:12)). The explanation appears to be that Bnei Yisrael needed to put matters in perspective after the revelation on Har Sinai. After seeing what they saw, the spiritual realm was relatively clear to them. But to internalize that the great and powerful Hashem really cares if Reuven pays when his ox gores Shimon's, that required some stress. "Yes, my dear Bnei Yisrael, there will be countless, small monetary concerns over history, which will collectively determine your spiritual level more than you can imagine and, in some cases, more than the directly spiritual." So, Judaism is basically just a humanistic religion? No, it is a religion which includes a great stress on proper civil behavior. In fact, the Torah, in one short, introductory pasuk, puts the outlook on civil law into perspective. "These are the laws that you will place before them." Chazal explain (Gittin 88b) that "them" refers to the Jewish, rabbinical courts, where all disputes between two Jews must be adjudicated (if not solved by mediation). Why is this so important? After all, one of the seven Noachide commandments is that all nations should set up just, judicial systems. What if their laws are the same as ours? What if the parties are happy with the local gentile or secular courts? It's their money, isn't it? In truth, an expert on Jewish law will have no problem explaining 98% of Choshen Mishpat to professors at a secular law school. But it is the two percent of Heavenly decrees and, more importantly, the atmosphere of holiness, in addition to justice, which should pervade a beit din, which brings home the point. Hashem did "send the Torah down" from Har Sinai to stress the importance of human, daily concerns. But to get the full picture, one needs to realize that when involved in mundane affairs, it is crucial to know that the solutions to questions and conflicts cannot suffice with an equitable, human solution. The living word of Hashem, as interpreted and applied by those familiar with the holy and the civil, guides our interpersonal relationships, as it guides our religious relationship with Hashem. ======================================== P'ninat Mishpat - Distancing Damages- Part VI- Mechila If one acts in a way that can cause damage to a neighbor, the one who could be damaged can, at times, protest his friend's activities. However, it is not always worthwhile for him to do so. If he is silent as the "damager" sets up the potential damage and beyond, the damager can claim that he has a chazaka (an acquired right) to act as he does (Bava Batra 23a). Some rishonim understand that this chazaka, like those of chezkat habatim, is valid only after three years and with the claim that he bought or received explicit permission to act as he did. However, we accept the opinion that a one time decision not to protest can, under the right conditions, be a sign that the neighbor is mochel (relinquishes his rights) his opposition to the possible damages (Shulchan Aruch, Choshen Mishpat 155:35). As a result of the mechila, the neighbor cannot change his mind in the future and protest at some later point. Even though mechila does not work regarding future rights, only present rights, this case is somewhat different. The activities of the "damager" are not outright damages but are normal activities with happen to contain some possibly negative consequences. If at the time of his activity, the neighbor does not mind, the activities are subjectively seen as reasonable and permitted. Once he acts properly, the affected neighbor cannot redefine his friend's actions as irresponsible (K'tzotz Hachoshen, ad loc.). Some damages are so universally objectionable that even when it appears that the neighbor is mochel, we do not view his silence as a binding mechila (Shulchan Aruch ibid.: 36). ================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) The Sanctity of Eretz Yisrael -Part 1 (from Perakim B'Machshevet Yisrael, p. 401) There are two aspects to the sanctity of Eretz Yisrael and its special status within the framework of the life of the Jewish nation: the revealed element and the hidden one. The revealed element of the sanctity finds expression in halacha and has a set framework and a defined significance. It depends on the fulfillment of practical conditions and can take effect and cease to exist (with the destruction of the beit hamikdash). The applications are practical, specifically regarding mitzvot hat'luyot ba'aretz (land-linked mitzvot). The hidden element has a spiritual content without specific, halachic expression. Rather, it finds expression in Eretz Yisrael's conduciveness for prophecy, increased Divine Providence, and the like. Nothing is needed to create the spiritual element, and nothing can take it away. Not all classical sources put stress on this latter aspect of the Land's sanctity. Tosafot (Ketubot 110b) understands that the question of when there is a mitzva to live in Eretz Yisrael depends entirely on the feasibility of performing the land-linked mitzvot. In contrast, Kaftor Vaferech has an entire section, in which he proves that the main sanctity and value of the Land is connected to its special, Divine nature and does not depend on the specific obligations related to the land. R. Yehuda Halevi speaks at length of this sublime value of Eretz Yisrael. Just as he bases the special standing of Israel among the nations on certain innate traits, so does he see the Land as possessing qualities which are responsible for its special standing among the lands. In both cases, the halachot that relate to the nation and the Land are symptoms of the special standing and stem from the innate. Eretz Yisrael has the qualities that cause its inhabitants to be fit to receive Divine inspiration and elevation. It is the place which makes the person ripe for prophecy and revealing the relationship with his Maker. This is an actual, spiritual phenomenon which relates to the physical land, its stones, earth, air, and vegetation. Because of these qualities, the fruit and the ground are subject to the special mitzvot that they are. The secret of the Land is that its spirituality dwells on its physicality, with a much stronger connnection between the two than can be found in other places. This spirituality dwells on the person when he is involved in the same activities that elsewhere would make him more physical and less spiritually sensitive. Thus, in Eretz Yisrael, involvement in otherwise mundane matters of the world have a special, positive value, going far beyond any value these matters could have outside Eretz Yisrael. ================================================== Ask the Rabbi Question: I am confused about how I am to choose the right things to do with my time. I want to do the biggest mitzvot I can, yet it seems that most of one's time is spent on mundane matters. Are things like making a living or caring for a family really the biggest mitzvot one can be doing? Answer: It is difficult to know what the biggest mitzva is in a given situation. Furthermore, the question of a mitzva's size, while asked with beautiful intentions, is not the right one. The real question is: what does Hashem want us to do? People spend a large part of their days seeing to such mundane needs as sleeping, eating, etc. These may not be the most uplifting activities, but Hashem created us in such a way that they are necessary and expected. While it is best not to spend more time than necessary on these activities, it is wrong to neglect them significantly over time. One needs to learn how to balance his time. Just as there are basic, bodily needs, there are also other needs and responsibilities that, as Hashem created man and his society, need to be addressed. Such time-consuming activities such as earning a living and tending to a house and a myriad of family needs have both mundane and spiritual elements to them (much depends on the proper intentions and use of the family's blessings). A husband is required by halacha (see Ketubot 46b) to support his wife in a respectable manner, and should not, under normal circumstances, forsake this obligation, with the excuse that he is too busy doing this or that "bigger mitzva." A wife is usually required to take care of several household needs (see Ketubot 59b), and should not, under normal circumstances, neglect these, with the logical sounding excuse that she was busy with chesed all day and had no time to take care of her familial obligations. Even when involved in chesed, one does not look only at what the objectively biggest chesed is. One is obligated to give tzedaka to one's needy relatives and neighbors before giving to more distant people (Shulchan Aruch, YD 251:2), even if the distant people are more needy (Shut Chatam Sofer, YD 231). In mitzvot, the mitzva of learning Torah is, on the one hand, the most prominent of all mitzvot, but, on the other hand, is pushed off by "smaller" mitzvot that are incumbent on a person at a given time. The critical element is proper balance between the "more mundane" activities and even mitzvot that are a person's personal obligation, and the fulfillment of some special chesed or mitzva opportunities that require putting the normal activities on hold. To a great extent, it is halacha's job to instruct a person how to reach a balance between conflicting, positive activities. (For example, Aruch Hashulchan YD 251:5 rules that although relatives have precedence regarding tzedaka, it is clear that one who can afford it must leave funds for unconnected poor people). Halacha cannot address every scenario in a person's life, nor the different abilities and circumstances that apply to and affect the proper advice to different people asking the same question. Therefore, many decisions are left to the individual. One must be aware of the great value of family and professional obligations, as well as the critical importance of limud Torah, chesed, and other mitzvot. Then he has tools to try to implement the sage advice: "It is good that you seize this, but also from that do not release your hand" (Kohelet 7:18). ========================================= Hemdat Yamim is published weekly in conjunction with Gemara Berura. 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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