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Hemdat Yamim Parashat Naso_Shavuot

Hemdat Yamim Parshat Naso -Shavuot 7 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. =============================================== A Sheim is More Than a Name / Harav Yosef Carmel Our haftara is connected to the parasha by the concept of nezirut. Shimshon's future parents are commanded to prepare for their son's special status even prior to birth. The revelation to Manoach and his wife ends with their decision to bring a korban to Hashem. "Manoach took the goat kid and the meal offering and brought them on the rock to Hashem, and the angel acted wondrously (U'mafli la'asot)" (Shoftim 13:19). The famous question is how Manoach and his wife could bring a korban in Tzorah if the mishkan was in Shilo, and the times were of isur bamot (prohibition on sacrifices on altars outside the main mikdash). Chazal learned from Devarim 12:5 that once the mishkan was set in Shilo, other altars were forbidden, and the prohibition was a serious one related to the concept of shchutei chutz and even avoda zara. To answer this question we must first look at the conversation between Manoach and the angel. Manoach asks the angel: "What is your name (mi shemcha)?" The angel replies: "Why do you ask my name (sheimi) and it is hidden (pel'ei)?" We saw a similar term of "U'mafli la'asot" during the offering of the korban. As we analyze the words of this exchange we can uncover concepts which answer our question. The Torah determines: "An altar of earth shall you make for me and you shall sacrifice on it... in every place that I shall mention my name (sheimi)..." (Shemot 20:21). The concept of "sheim" in Hebrew, whether sheim or sham, in singular and in plural, has a connotation of the revelation of the Divine Presence or is a reference to the Presence itself. That is apparently the reason that the Rambam in his introduction to the Laws of the Foundations of the Torah uses that root so many times. This idea also gives added meaning to the pasuk, "and He shall dwell in the tent of Sheim" (Bereishit 9:27), which may be hinting at more than the name of Noach's son. We can now explain the pasuk in Shemot as saying that sacrifices are appropriate in places where there is a "sheim," in other words a Divine Presence. Now can we understand the focus on "sheim" in Manoach's conversation with the angel. Manoach wanted to know if there was "sheim" present to allow him to bring a korban. The angel answered with the root "pelah" that the wondrous revelation was a proof of the Divine Presence even though he couldn't reveal his name. This revelation was sufficient to justify the korban. Let us just note that this type of special permission to bring the korban was in force only until the Beit Hamikdash. Once "the place that Hashem shall chose" was chosen, all other places became disqualified. ======================================================== P'ninat Mishpat - Matzranut - Part II We introduced last week that the laws of matzranut, which give precedence to a neighbor (matzran) to buy an adjacent plot of land over another buyer. We pasken that the law, although based on the concept of going beyond the strict law, is enforceable by beit din (Shulchan Aruch, Choshen Mishpat 175:6). In employing this halacha, we do not force the potential seller to sell to his neighbor. After all, why should we force him to sell at all? Rather, in the case that he did sell, the sale to the non-neighbor is considered as if it was done on behalf of the matzran. Therefore, the matzran can take the field without doing a further kinyan (act of acquisition) on it. All he needs to do is repay the outside buyer for putting out the money on his behalf (ibid.). Based on the approach that it is as if the matzran bought the property at the time of the attempted purchase, the price the matzran has to pay is that which the outside buyer paid. The matzran does not have to pay the value of the property at the time he takes actual control of it (ibid.). Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) ========================================================== "The Mitzva of Torah Study vs. Other Mitzvot" (excerpt from Amud Hay'mini siman 22 ) [Many sources describe talmud Torah as the greatest of all mitzvot, yet it is pushed off by a variety of mitzvot. This excerpt from a long article should help clarify somewhat]. The Ra'avad is quoted in a couple of places as saying the following : " Even though one who is involved in one mitzvah is exempt from doing other mitzvot (ha'osek b'mitzva patur min hamitzvah), talmud Torah is not included. Rather, one who is involved in Torah study and a mitzva arose, if the mitzva can be accomplished by someone else, he should not stop learning...If there is no one fit to do [the other mitzva] but him, or it is incumbent upon him personally, for example lulav, shofar, kibud av va'em (honoring one's parents)....he stops talmud Torah to fulfill it." The Ra'avad continues that this is because ha'osek b'mitzva patur min hamitzva doesn't apply to talmud Torah "because the main purpose [of talmud Torah ] is to know how to fulfill the mitzvot" (Meiri, Moed Katan 9b). The proposition that kibud av has precedence over Torah study seems to be contradicted by two gemarot. The gemara (Kiddushin 32a) says that if a father's request precludes doing another mitzva, the mitzva has precedence because the father is also obligated in concern for mitzvot. Furthermore, the gemara (Megilla 16b) says that talmud Torah is greater than kibud av, as we see that Yaakov was not punished for neglecting his parents for all the years he was in yeshiva. The Rambam (Ishut 15:2) also seems to argue with the claim that ha'osek b'mitzva......doesn't apply to Torah study. He says that one whose learning will be severly hampered by starting a family can push off marriage because of ha'osek b'mitzva...Yet, the Rambam (Talmud Torah 3:4) says that one stops learning to fulfill a mitzva which others cannot. How do we handle these contradictions? The solution revolves around the idea that talmud Torah has two elements. One is to learn how to fulfill mitzvot. The second is to study Torah day and night, spending all free time on that pursuit. The second element is an independent mitzva, which is never completed, yet exists only when pressing needs (including other mitzvot) don't prevent it. The second mitzva doesn't apply when one needs to help parents. However, the first element does apply and might counteract mitzvot. The Ra'avad counters that claim, saying that it is illogical that study, whose purpose is to enable proper compliance with mitzvot, would prevent that compliance. The logic that one's father is also obligated in mitzvot does not apply in a case where kibud av merely delays and doesn't prevent Torah study, as opposed to mitzvot which could be totally missed because of one's parents. In the "confrontation" between Torah study and marriage, the mitzvot are of the same category, as starting a family is just to be delayed, not eliminated. Thus, the great mitzva of Torah has precedence. ========================================================= Ask the Rabbi Question: I live in chutz la'aretz and will have a second day of Shavuot, while Jews in Israel will read Parashat Naso. I plan to travel to Israel before the next Shabbat (B'haalotcha in Israel) and return shortly thereafter. What do I do about missing Naso? Answer: Let's first assume that you will miss Parshat Naso. To what extent is that a problem? The original and main institution of kri'at HaTorah on Shabbat is to publicly read from the Torah, with at least seven aliyot and 21 p'sukim (Megillah 21a; 23a). In fact, the original, Torah reading cycle in Eretz Yisrael was three years long. A later institution was made to complete the Torah reading every year. If you hear Parshat B'ha'alotcha in Israel and miss Naso, you have fulfilled your main mitzva of taking part in a public Torah reading on Shabbat. Regarding the need to complete the Torah, some posit that it is an obligation only of the community, not the individual, and it is not an issue (see Yom Tov Sheni K'hilchata (=YTSK) 9:(41) in the name of Rav S.Z. Orbach z.t.l. and others). It may be proper and sufficient to learn Naso (in addition to B'ha'alotcha) that week in "shnayim mikra v'eched targum," which is a personal obligation, which might have an annual element to it (see Ishei Yisrael 38: (88) in the name of Rav Neuwirth). On the other hand, most poskim assume that it is at least worthwhile to make up the missing parasha, if possible. The week you are coming is a good one to "hitch a ride" with many others who are in a similar predicament, and will arrange to hear Naso, as well. Those Bnei Chutz La'aretz who keep two days of Shavuot in Israel, will also be in a quandary about Naso. One solution, which many will use, is to read both Naso and B'ha'alotcha on the week after Shavuot. This is based on a ruling by the Rama (Orach Chayim 135:2) in a similar case of a community which was unable to perform Kri'at Hatorah one week, that they read the old and new parshiot the next week. Some poskim prefer splitting the aliyot between the two parshiot in the manner of a regular double parasha (B'tzeil Hachuchma VI:58), while others suggest that the first aliyah should include the entire first parasha and the first aliyah of the second (YTSK 9: (42), in the name of Rav Elyashiv). Do not assume, though, that all large concentrations of B'nei Chutz La'aretz will have such a minyan. Some may justifiably consider a separate minyan unnecessary or even improper. There are also two more solutions (with pluses and minuses, which are beyond our scope). They could read all of Naso at Mincha of Shabbat /Shavuot (similar to Dagul Meir'vava, 175; see article by Rav E. Bluth in YTSK 14). (It is theoretically possible for you arrange this reading in chutz la'aretz).They also can go to hear Naso read at a regular, "Israeli" minyan on their Shavuot (ibid.). In any case, you may lain or get an aliyah on Parshat B'ha'alotcha without a problem (YTSK 9:16). ================================================================ 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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