Parashat Shavua

Hemdat Yamim Parashat Vayishlach 5764

Hemdat Yamim Parshat Vayishlach 18 Kislev 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 and Yehudit bat HaRav Shmuel Shlomo Carrey 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 System of Appointing Kings Harav Yosef Carmel Our parasha dedicates an entire perek to the genealogy of Eisav's family, the Kingdom of Edom. It would seem that the descendants of the gentle, tent-dwelling brother should have little interest in the kings of the descendants of the hunter and man of the field. Yet throughout our history, it has proven impossible to ignore the entanglement between the two nations of Yisrael and Edom. Shem already prophesied that "one nation will strengthen itself from the other nation" (Bereishit 25:23) and Yechezkel (26:2) foresaw that "I will fill in the destroyed," as Chazal understood that one would be built from the destruction of the other (see Pesachim 42b and other sources). When we take a good look at the list of kings of Edom, we see that in addition to the different names, there is also a varied list as to the origin of these kings. One came from Dinhava, while another came from Batzra. One came from Avit, and the next came from Masreika. Chazal took the opportunity to highlight this unceasing changing of dynasties, a phenomenon which is different from that of the kings of Israel. Indeed, which is better, to keep the monarchy in a given blood line or to appoint new kings from different places and backgrounds, according to their qualifications? From one perspective, a dynasty helps provide stability, yet it can also encourage corruption within the ruling family and enables the ascent to the crown of unfit inheritors. On the other hand, are those who rise to leadership through their own efforts necessarily more moral or fit than their dynastic counterparts? Yechezkel 27 describes at length a ship made up of parts that came from around the globe. The midrash (Bereishit Rabba 83) says that this is actually a metaphor for the leadership of ancient Edom. The midrash concludes with a prophecy that this kingdom would not flourish forever. The truth is that throughout history, both systems have had their successes and failures. But in our tradition, it is not enough that a king exist, even one who possesses qualities of leadership which would seem to make him likely to succeed at his difficult task. In our tradition, there is value in the selection of a line that has proven itself to possess certain innate qualities that make it fit. The selection of the Land of Israel, the Nation of Israel, the city of Yerushalayim and the place of the Beit Hamikdash are permanent facts based on inherent qualities. Similar is the selection of the dynasty of the House of David. We pray for the time that the proper inheritor from the House of David will rule over Israel and will replace the dominant role of the sons of Eisav in the chosen city of Yerushalayim. ************************************************************************************************************** P'ninat Mishpat-Converting a Room for Geniza into a Bathroom (based on B'Sha'arei Beit Hadin vol. I, pp. 143-150( [This is the first time we will review a ruling taken from the relatively new series of books called "B'sha'arei Beit Hadin." Like other piskei din we have seen in the past, the rulings come from the governmental rabbinical courts. This volume, published by Otzar Haposkim, contains a large number of mainly short rulings on matters having to do with public institutions such as yeshivot, shuls and charity organizations.[ Case: A room connected to a beit k'nesset and beit midrash was used for some time to store geniza (writings containing names of Hashem or other forms of holiness). The gabbaim wanted to convert that area into a bathroom for use of those who frequent the building. Is that permitted? Majority opinion: The dayanim disputed whether an object that holds geniza has the holiness connected to things related to holiness (tashmishei kedusha). One dayan cited the Mordechai, quoted by the Rama (Orach Chayim 154:1) that an aron kodesh has the kedusha of tashmishei kedusha only when it is used to show respect for the sifrei Torah, not when it is used only to protect them. According to this categorization, an area for geniza, which is intended only to temporarily remove geniza from harm's way does not have kedusha. Another dayan responded that the Kaf Hachayim (ad loc.:25) rules that if the holy object comes in direct contact with a receptacle, then it receives kedusha even if its presence there was for protection. The lenient opinion also raised the fact that geniza contains certain newspapers and the like that are not holy. In order to use the area for such purposes, those who set it aside must have had in mind that the area would not be endowed with kedusha. However, his colleagues countered that since the area was clearly set aside for holy texts and anything else put there was out of fear that those texts might also be included, that area is considered set aside for the holy. In the final analysis, the majority opinion was that one could transform the area into a bathroom, but only after taking steps to remove kedusha from that part of the structure. The dayanim assumed that the structure had a status of one which was set aside for the use of a local group (beit k'nesset shel kefarim). Therefore, the recognized authorities of the group (the equivalent of the talmudic, zayin tuvei ha'ir) with the agreement of the group could sell the area to someone else. When done in this way, the area can then be used even for uses that are "degrading" to the place, such as a bathroom. In the process, they transfer the kedusha from the area to the money paid for it. It is proper that a clear stipulation be made at the time of the sale that this transfer of kedusha is indeed occurring. Then the money received from the sale should be used to build an alternative site for the collection of geniza material. ****************************************************************************************************** Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l( The Choice of Am Yisrael for EretzYisrael (from Harabbanut V'hamedinah, pp. 292-296)- part I The first Rashi in the Torah explains why the Torah started with the creation of the world and not with the first mitzva given to Bnei Yisrael. The answer is, of course, that Hashem wanted to convey that, as Creator of the world, it was up to Him to decide to whom to give Eretz Yisrael at each point during history. Yet it seems that this idea does not answer the question completely. Why is it necessary to continue, after conveying the message of creation, to describe the highlights of human history until the time that the mitzvot were given? The answer is that it is not sufficient to tell that Hashem created the world and can decide to whom He gives its most coveted land. The question would still remain. Where is Hashem's righteousness? Why is it that Am Yisrael, of all nations, received Eretz Yisrael? So, what is the answer? "Vayar Elokim ki tov." The world was created as a good place. If mankind internalizes this concept, it should bring it to hakarat hatov (recognition of the good) and thankfulness for it. The proper reaction of mankind should be to act with goodness in response to the good it received. Man is created from the ground, yet he is imbued with the Divine Spirit that was blown into his nostrils. Made from two opposites, the physical and the spiritual, man has full free choice to choose on the side of spiritual self-elevation or, Heaven forbid, deterioration. How is it that Adam chose to violate the word of his Creator? It could only have happened if he failed to realize the implications of the hakarat hatov to Hashem, which he should have had naturally. When confronted, Adam does not even recognize his sin. Instead of taking responsibility, he passes on the blame to Chava and even to Hashem who created her for him. These were the failures of the father of mankind. Avraham, on the other hand, approached the world differently. Chazal tell us that he saw a building on fire and inquired, saying that there must be someone in charge of the building. He didn't just reason that someone had built the building but that there must be a leader, who cares for it and that similarly, there must be a Divine Being who runs the world. For Avraham, it was not a matter of intellectual curiosity, but rather a search for He who does good for others and, as such, deserved his thankfulness. This is what epitomized Avraham's special approach to acting with kindness toward all and his sense of justice. These brought him even to chutzpa toward Hashem, demanding, "will the Judge of the world not act with justice?"(Bereishit 18:25). At this point, the big turning point in human history took place. Hashem decided to separate a special group within society to create a special nation. In order for man to understand this, the Torah had to describe how the fathers of this nation operated and have us learn from their triumphs and difficulties. Above all, we are to notice how they remained unique and separate, until the point that they were able to leave Egypt with the ability to receive the mitzvot of the Torah. Ask the Rabbi Question: I do editing work for papers that are being presented for acceptance by scholarly publications. I am trying to work out a system for charging which is fair both for my clients and for me. The problem is that it is very difficult to anticipate how long a given paper will take to edit. I think that the most equitable system is to charge by the hour, but most clients demand to know a fixed rate in advance. So, I usually charge according to a system I have developed for estimates. However, sometimes I receive significantly less than I deserve, because the work was more difficult than anticipated, while other times, the opposite is true. I feel bad taking more than I deserve, but if I return money when I came out ahead and don't ask for more when I estimate to my detriment, I'll be losing out. What should I do? Answer: Our favorite questions are monetary ones that are asked not to try to gain money but to make sure that the money a person has is rightfully his. The halachic issue involved is ona'ah (overpricing), a Torah prohibition with monetary applications, including returning the extra money or voiding the agreement when the ona'ah is significant enough. Among the cases where the full laws do not apply are the sale of land and the wages of a worker, which are indirectly compared to the former (Shulchan Aruch, Choshen Mishpat 227: 29,33). However, when one is paid by the job (as you usually are) and not by time, then the Shulchan Aruch (ibid.:36) rules that the regular laws apply. In truth, even regarding lands, the prohibition of overpricing applies, with the difference being in the monetary ramifications. Since you want to do the right thing, such a leniency is irrelevant for you. You imply that one might look at the fairness of pricing on average over the course of the business, in general, as opposed to the appropriateness of each, individual fee. Of course, if we determine that a certain price is unfairly high, it doesn't help that someone else got the better of you a different time. Even if the same person got a good deal in the past, if you decided not to demand compensation at the time (thus, being mochel), you cannot make up for it by charging too much later. However, the fact that you often underprice is cogent for the following reason. Overpricing is forbidden when one goes beyond the accepted range of prices. Several factors help determine what the range is. One of them is the chance that the work will be much greater than average. Consider the following example. A taxi driver usually receives $40 on his meter to take someone to midtown Manhattan. If he takes someone on a fixed rate, he has a right to ask for more than the median rate, because frequently he can sit in traffic for two hours. His set price of $50 represents the market rate, which takes the opportunity and risks into account. Thus, as long as your estimates are within the market range and your clients agree in advance, you do not need worry about fluctuations in either direction and can accept payment as agreed. You should, though, consider the root of your occasional overestimation of the work. If you find a given paper easier than expected, you may have been concentrating extra well or it is your good fortune that you received a relatively easy paper. (See an analogous, but not identical case- Shulchan Aruch, CM 334:3). But if you realize that your estimate was inherently flawed (i.e. you miscounted the number of pages, you used the key for non-native English speakers for a native one) it is appropriate to adjust the fee downward. The fact that you also make mistakes to your detriment does not morally justify keeping a flawed estimate in your favor. (One could argue that the flawed price might still be within the range of market value or present after-the-fact reasons not to have to change an estimate. However, that approach does not befit the level of integrity you so laudably strive for). Your willingness to forgo questionably deserved money should help you continue to find favor in the eyes of Hashem ... and present and future clients.) 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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