Parashat Shavua

Hemdat Yamim Parashat Shlach

Hemdat Yamim Parshat Shelach 21 Sivan 5762 =========================== 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 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. ========================================================== The First Exile / Harav Yosef Carmel The story of the spies is retold in short in Tehillim 106:24-27. The first three p'sukim add flavor and perspective to the known sin and punishment without significant additions. The final pasuk reads as follows: "[He lifted His hand] to cast down their offspring among the nations and spread them out among the lands." Almost the same words are repeated in Yechezkel 20:23. But where do we see an exile taking place at that point in history? We do find mention of a captive taken when the C'na'ani attacked (Bamidbar 21:1), but that was close to 40 years later, according to the context, and Rashi infers from the pasuk that only a single captive was taken. Another battle that was lost by its Israelite combatants involved the ma'apilim. Hashem decreed, as punishment for the sin of the spies, that that generation would not enter Eretz Yisrael. A group, which we call the ma'apilim, proceeded toward Eretz Yisrael. They were met by the C'na'ani and Amaleki, who pounded them until Chorma (Bamidbar 14:45). The Radak (Yechezkel, ibid.) claims that these two lost battles were actually one and the same and that the defeated Israelites were sold into bondage, as was common at the time. This explains the p'sukim in Tehillim and Yechezkel, that there was an exile as a result of the episode of the spies. Is there any textual corroboration for the claim that these events, described separately, textually and chronologically, are actually the same? The answer is a resounding yes. Just as the Torah teaches halachot by connecting disjoint p'sukim with common words (gezeira shava), so does the Torah connect other narratives with similar hints. The first mention of the defeat locates the battle's end at Chorma. If one takes a look at the aftermath of the second narrative, he notices that the episode does not end with defeat. Rather, the rest of Bnei Yisrael regroup, do teshuva, and promise that if Hashem delivers the enemy into their hands, they will consecrate the enemy property to Hashem. The root of the consecration is cherem, and they called the place of their successful battle, Chorma, hints of a connection to the previous narrative. The second story refers to the route Bnei Yisrael took as "the path of אתרים." Unkelus understands אתרים not as a proper noun but as "the path of spying," apparently along the lines of לתור, which refers to the spies. These are but two of the hints the Torah uses to inform us that the episode, which starts with the spies and the defeated ma'apilim, continued. It also included the first case of post-Egyptian, Jewish galut and told of recovery of the proper national direction and a victory highlighted by trust in and dedication to Hashem. =================================================== P'ninat Mishpat - Matzranut- Permission from Neighbor- part II We have seen that a neighbor (matzran) who can exercise his right to buy an adjacent property before an outsider can, in certain ways, relinquish his right prior to the sale. If the sale was carried out without his agreement, the buyer need not worry indefinitely that the property will be taken away. Firstly, there is a time limit for the matzran to demand the field. The Shulchan Aruch (Choshen Mishpat 175:32) says that the matzran must make a claim within the amount of time it takes to get money for the purchase together and go to beit din. The actual amount of time this translates into is not set and depends on a variety of factors. The clock starts ticking from the time that the matzran becomes aware of the purchase. If extenuating circumstances prevent him from taking action or even if his lack of action stems from a misunderstanding of his options, the time may be extended (Shulchan Aruch, Rama, ibid.). A simple acquiescence to the sale, post facto, is sufficient and does not require a kinyan (ibid., 30). It can even be implicit, for example, if the matzran assists the buyer in the sale or in dealing with the property (ibid.). However, all matzranim (if the property is surrounded by multiple land-owners) must give or imply their agreement (ibid., 35). ====================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) The Difficulties of Ikvata D'meshicha (excerpt from a speech in 5720 ('60)- from Harabanut V'Hamedinah, p.65) It is true that we have many dilemmas and difficulties in our struggle to teach and represent our eternal Torah in a challenging generation. However, this should not shake us one iota from the fundamental realization that we are witnessing the birthpains of geula. It is the time of ikvata d'meshicha (the difficult times leading to the coming of Mashiach), and it is also atchalta d'geula (the beginnings of geula). Our difficulties are actually related to the renaissance of Israel. Because we are witnesses to the phenomenon, the likes of which we have never known, with the mass return of the Jews to their home, we are also subject to the opposing forces of tumah (impurity). "Hashem made this corresponding to that." When the side of holiness flourishes, so does the sitra achra (the other side) rise up against it. When Yaakov came back to Eretz Yisrael, Eisav's accompanying angel came to fight him. When Israel was on the verge of accepting the Torah, the war against Amalek arose. It is natural that at the time of Israel's renaissance, when the nation is returning to its vitality and the "dried bones" are being covered with flesh and blood, that some struggle should ensue. We, in the rabbinate, must be aware of this, and must not be afraid or despondent. This is what Rav Kook z.t.l. taught us and what the Chief Rabbinate has taught us. We must accept the complex tasks unique to our generation and learn how to succeed in dealing with social challenges without compromising on content. In the end, the truths of Torah will prevail and be victorious. Untruths which oppose Torah, irrespective of how influential they are at the height of their popularity, cannot prevail over time. =============================================== Ask the Rabbi Question: As a gabbai who deals with various tzedakah collections, a few questions have arisen regarding changes in the recipient. 1. May one who intended to give to a certain institution but put the money in the wrong box take out the money and switch it? 2. Money was collected for a certain need (i.e. Maot Chittim for Russian Jews) but was not distributed on time. Can it be used for other needs or do you have to find a way to return it to the donors? 3. What happens if an institution put out a tzedakah box but never came to pick it up? Answer: Indeed a gabbai tzedakah must get extra sachar for all the complications that arise. We'll deal with each question separately, although there are some unifying concepts. 1. There are two elements to the binding nature of a donation. One involves an explicit or implicit neder (oath) to give tzedakah. The other involves acquisition (kinyan) of the donation by or on behalf of the recipient(s). Each element has rules as to when it is binding and when a mistake renders the donation void. The Shulchan Aruch (Yoreh Deah 258:6) does rule that one cannot back out of a donation, even with sh'eila (the tzedakah equivalent of hatarat nedarim), once it reaches the hands of the gabbai. There is a complex discussion as to whether and when a tzedakah box is considered like the hands of the gabbai (see discussion in Tzedakah U'mishpat 8:(25)). However, if the money was placed in the box because of a full-fledged mistake, the rules of kinyan b'taut (acquisition based on a mistake) apply, and the money may be removed and put in the intended place without problem (ibid.). Tzedakah is not like hekdesh, and its money does not have intrinsic kedusha (Rama, Yoreh Deah 259:1). Therefore, it doesn't matter if one takes back the coins or bills he put in or different ones. 2. Assuming that we're talking about the same group of needy people or that the group was never clearly defined, there is no problem giving the money for similar needs. Although we find that money collected for a Purim seudah should not be switched to other purposes (Shulchan Aruch, Orach Chayim 694:2), this halacha is interpreted by most poskim as an exception, not the rule. Certainly, when the money will be used by the same pool of poor people, under similar circumstances, the gabbai may make the changes as needed (see Nikdash Bitzdakah 342). If the need totally disappears, the money should be given to other recipients, preferably with similar needs (see Tzedaka U'mishpat, ibid.; Tzitz Eliezer 16:29). 3. When receiving tzedakah boxes from people and institutions, it is best to stipulate that you are planning to give the money to them specifically only if they come to receive the money within a set amount of time. Even if you did not make such a stipulation, but you cannot track down the recipient, you, as gabbai, are not required to watch the money indefinitely and may transfer it to other charities of that type. If you put your own money in without a stipulation, you should preferably do sh'eila (ibid.). ============================================= 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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