Parashat Shavua

Hemdat Yamim Parashat Vayechi 5764

Hemdat Yamim Parshat Vayechi 16 Tevet 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. *************************************************************************************************************************** Where is Yosef, the Hebrew, Buried? Harav Yosef Carmel Chazal question why Moshe did not merit to enter Eretz Yisrael even to be buried, while Yosef did merit such. The midrash (Devarim Rabba 2) explains that the one who acknowledged Eretz Yisrael as his land deserved to be buried there, while he who did not do so, was not buried there. When Potifar's wife called Yosef an ish Ivri, (a Hebrew), Yosef did not deny it and later stated that he came from the Land of the Ivrim (ibid 40:15). On the other hand, when the daughters of Yitro reported that they were saved by Moshe and identified him as an ish Mitzri (an Egyptian), Moshe did not correct them. Therefore, he did not merit to be buried in Eretz Yisrael. We can illustrate that Yosef's relationship with Eretz Yisrael played a central role in his life. At first glance, Yosef, viceroy of Egypt, was responsible for his brothers' leaving Israel and living under his auspices in Egypt. Initially, this was necessary in order to save them from famine. But it seems that after a while, Bnei Yisrael were both physically and spiritually comfortable in Egypt. The pasuk says, "They became entrenched (in Goshen) and were fruitful and multiplied" (Bereishit 47:27). Yosef even attempted to lead a monotheistic revolution in Egypt (see last week's Hemdat Yamim). The actual slavery started much later when a new king arose in Egypt who did not know Yosef (Shemot 1:8), neither for his contributions to the Egyptian economy nor for his spiritual legacy. During this comfortable time, it was Yosef, under Yaakov's guidance, who ensured that the Jews would not forget the land of their heritage. Immediately after the Torah mentions that Yaakov dwelled in Goshen, the Torah tells us that Yaakov, before his death, made Yosef promise not to bury him in Egypt, but only to bury him in Eretz Yisrael. Yaakov was so bothered by the prospect of becoming settled in Egypt that he made Yosef swear not to bury him there in order that his descendants would know that they belong in Israel. Perhaps this is the reason that the Torah, in the context of the period of dwelling in Egypt, repeatedly refers to Yaakov by the name Yisrael and refers to his children as "Bnei Yisrael" (despite the fact that he retained both names). These names are especially highlighted in Yaakov's blessing to Menashe and Ephraim (Bereishit 48:1-22), sons of the viceroy who grew up in Egypt, who symbolized comfort in Egypt. This also explains why Bereishit, the chumash of Eretz Yisrael, ends with the oath that Yosef administered to Bnei Yisrael that they should take his bones to the Land of the Jewish people (Bereishit 50:25-26). Yosef was not buried in Egypt; he waited in his coffin until he was buried in Israel. This is also why the sefer, Yehoshua, known for delineating Eretz Yisrael (Nedarim 22b), ends with the story of Yosef's burial in his land- the Land of Israel. "Yosef's bones, which Bnei Yisrael brought forth with them from Egypt were buried in Shechem, in the plot of the field that Yaakov bought" (Yehoshua 24:32). Specifically in these times, let us remember the special connection between Am Yisrael and Eretz Yisrael. *************************************************************************************************************************** P'ninat Mishpat – Pay for Damage or Fix It? (based on Piskei Din of the Rabbinical Court of Yerushalayim- vol. II, pp.167-9) Case: The owner of a home (Reuven) built a patio in a way which caused damage to the storefront underneath from water seepage. The damaged party (Shimon) demanded that Reuven pay for the damage according to the price estimate that Shimon received from the worker of his choice. Reuven countered that he is willing to hire a professional worker at his own expense but is unwilling to pay the price of the worker of Shimon's choice, who he feels is charging an exorbitant price. Majority opinion: The Machane Ephrayim (Nizkei Mamone 1) discusses the case of one who has to pay for an object that was destroyed by the damager at a time when it had a relatively high price. In the meantime, the price went down so that the replacement value was less than the appraisal would have been at the time of damage. In a parallel case of theft of an object that subsequently went down in price, the thief has to pay the higher price of the time of theft and cannot exempt himself by replacing the object with a similar one. However, in the case of damages, the question appears to depend on a machloket between the Rambam and Ra'avad. The rule is that there is no Torah-level oath administered on disputes over land. What if there is a dispute as to the extent of damages that Reuven caused to Shimon's field? The Rambam says that he does not make a Torah-level oath, while the Ra'avad says that he does. The Machane Ephrayim explains the machloket as follows. The Ra'avad reasons that the claim is to pay for the money that the damages are worth and thus one swears over the money, irrespective of the origin of the dispute. The Rambam holds that the real claim is for the damager to return the field to its former state, which can be done either by paying money or actually fixing the field, and, therefore, there is no Torah oath. Following the Rambam's logic, any action or payment that provides an equivalent alternative for the damaged party is sufficient even if entails less money than would have been appropriate at the time of the damage. The Shach (Choshen Mishpat 95:18) rules that when it is possible to fix the damage, that is what should be done at the expense of the damager, and only when it is impossible to fix, do we assess damages monetarily. The Netivot Hamispat (95:7) says that by damages to land, the main course of action is to fix, whereas by other items, it is to pay. In any case, according to several opinions, Reuven's obligation is primarily to fix, and as long he has a legitimate plan of how to do that, Shimon cannot deny him that right and make him pay money. If he were to extract more money, this would contradict the rule, "hamotzi meichaveiro alav har'ayah (he who wishes to extract money from his counterpart must provide proof). " *************************************************************************************************************************** Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Farewell Address to K'far Haroeh (5726) - part I (from Gaon Batorah U'vamidot, pp. 301-304) [As we have mentioned in this past, Rav Yisraeli was the founding rabbi of the pioneering, religious, agricultural moshav, K'far Haroeh. After serving for three decades, he was asked to serve as a dayan on the Supreme Rabbinical Court in Yerushalayim. The following words are from his address at the farewell party in his honor.] As I sit at this party, I have learned a new meaning of the concept of "it is difficult for me that you depart." This can refer, as in this case, to the difficulty of hearing the array of praises that the guest of honor has to sit through quietly, knowing well that there are many exaggerations intended to encourage honorees. But I have accepted upon myself the obligation to hear the praises. Firstly, it is not every day that we have such parties. But more importantly, much of the encouragement we hear tonight can be useful for those who are staying here and will have to wake up tomorrow to continue the work. In order that that work will continue to be done in the spirit that we are interested in, it is important that we summarize the past so that we can build for the future. We are at a melave malka, as Shabbat has just ended. This is the time when the sacred meets the mundane and, as such, it requires a special spirit and inner strength in order to make the transition easier and enable the holiness of Shabbat to influence the days of activity. We have the concept of "the meal of David, the anointed king." The special content of the Jewish people is not only to know to announce to the world that a certain day in the week is the Shabbat queen. Rather, it is also that we are able to soak up the atmosphere of holiness and to transfer that holiness to the rest of the week. This enables the whole week to be nurtured from the holiness of Shabbat, whether the preceding or upcoming Shabbat. The Jewish army must be soaked up with an atmosphere of holiness. The Jewish kingdom must be full of Torah, as the king is commanded to study it all the days of his life. We do not recognize an area of life where there is a complete separation between the sacred and the mundane. There should be nothing mundane that does not receive nourishment from the sacred and nothing sacred that is not nourished from the six days of activity. Man completes that which the Creator did not. He plows and he plants. He builds a proper society. All of these things, from our perspective, are matters of holiness. That is why at this time, as the holy ostensibly gives way to the mundane, we remember the coronation of David Hamelech, the mashiach of Israel, in the days to come. This idea is what K'far Haroeh is dedicated to. If there is something that is unique here, it is our desire to not be a copy of another agricultural settlement or any kibbutz. We always strived that the establishment of the Kingdom of Israel should work with the principle that there should be no barrier between the holy and the mundane. All elements of society should be based on Torah principles, not foreign ones. This is what drew me from Yerushalayim to K'far Haroeh. It was then a materially undeveloped place, but I was drawn to the modest people whose aspirations were not material ones but who strived to create a village which would serve as a model of a place with lofty ideals. We continue next week. ************************************************************************************************************************* Ask the Rabbi Question: Two of my children (above bar mitzva) caused damages in the house, entirely by their recklessness. The cost of the repairs is significant, and I think they should cover the cost of the repairs. Each child works around the house and gets paid for it. May I dock their pay and in that way receive payment for the damages? Answer: There are three possible directions to take to solve your dilemma. One is to figure out how you could get the money from the kids in a legal, halachic manner. Without knowing the particulars, we would note that the great majority of families give enough to their kids that they can find ways to unilaterally withhold funds to make up for the damages. Another way to go about it is to appeal to the children's sense of fair play and see if they are willing to volunteer (partial) payment or to forgo the money altogether as one more act of love. The third way is to present them with what the consequences should be according to the Torah and allow that information to serve as the basis for a p'shara hakerova ladin (compromise that resembles the law) you could arrive at. It is difficult to imagine cases where the first, harshest approach would be educationally appropriate. Between the second and third approaches, it depends very much on the dynamics of the case, the relationships and the personalities involved. It is, of course, up to your discretion to educate your children as you decide. We will supply you with some basic, halachic guidelines to discuss with them. Certainly, we cannot give a halachic ruling after receiving a brief description from only one party. While children under bar mitzva are exempt from paying for the damages they do (Shulchan Aruch, Choshen Mishpat 424:8), those above bar mitzva are obligated to pay for damages. The fact that parents support them has some halachic ramifications, but not in this regard. There is an institution to exempt a wife from paying for damages she causes to her husband's property in order to maintain family tranquility (Shulchan Aruch, Even Haezer 80:17). There is some question as to how far reaching this rule is (see Chelkat Mechokek, ad loc.), including whether it applies only to a wife or to other members of the household (see Shai Lamorah, ad loc.). However, in the case of damage caused by recklessness, clearly no exemption applies. Thus, in theory, one can sue his children for such damages. Of course, the potential, emotional damage that insensitive handling of the situation could cause generally precludes that option. Let us assume that you will assure your children that you will not take away money even in a legal form but will just withhold certain gratuities. Can you withhold money for jobs the kids perform around the house? Many parents expect their children to do significant chores around the house without pay. Although your children are not used to that arrangement, you could implement that policy until the damages are worked off. The question then becomes, what if your children (respectfully??) refuse to do the work if they are not getting paid? Children, certainly at that age, are required to perform the mitzva of kibud av va'em, which includes helping out the parents, as long as they don't have to outlay money to do so (Shulchan Aruch, Yoreh Deah 240:5). On the other hand, it is hard to define the exact limits of what a child is required to do to help healthy parents without pay. It is also hard to predict how the process will affect relationships. We hope and pray that you find the right balance between accommodating your children and understanding that damages do occur and teaching them about responsibility for inexcusable mistakes. Remember that the halachic information is only one factor to help arrive at that balance. 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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