Parashat Shavua

Hemdat Yamim Shmini Atzeret- Simchat Torah

Hemdat Yamim Shmini Atzeret- Simchat Torah 5763 ==================================== 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. ======================================== Moshe, the Torah Giver? Although the 41 psukim of V'zot Haberacha are the only ones that we don't normally read on Shabbat (although in Eretz Yisrael, we do so this year), there are some important ideas which deserve our attention. The sedra opens with a description of how Hashem came to Har Sinai to give the Torah. However, when it comes to telling of the actual giving, that most famous pasuk we teach first to our children says: "Torah was commanded to us by Moshe" (Devarim 33:4). It is true that "Torah" has a gematria of 611, and so we know that the 611 mitzvot we heard from Moshe and the two we heard directly from Hashem add up to 613. But it seems appropriate to give Hashem more credit for giving the Torah than His spokesman. Later in our sedra, the Torah describes Moshe as the greatest of all prophets (34:10). However, that pasuk does not turn Moshe's greatness into a fundamental article of faith. It is more likely that a pasuk like ours brought the Rambam to consider Moshe Rabbeinu's status as a navi unlike any before him or after him as, not only a truth, but also one of the 13 fundamental articles of faith. But why is it indeed so important? The first pasuk of our sedra perhaps gives a further indication. Moshe is introduced as "ish ha-Elokim," the man of Hashem. This seems more powerful a description than the one which opens Sefer Yehoshua, "eved Hashem" (the servant of Hashem). Eved Hashem describes his task in life. Ish ha-Elokim seems to describe his essence. Although he was indeed a man and not a deity, he was as godly as a man could be and was capable of fully representing Hashem in the giving of the Torah. The 611 mitzvot that Moshe taught us are every bit as binding as the two mitzvot that Hashem gave us directly. This is because Moshe was able to serve as the perfect bridge between the purely spiritual world and the physical world. When Moshe gazed at what would soon become the Land of Israel (34:1) it was not only a final act of grace or consolation on Moshe's behalf. Rav Goldvicht z.t.l. (Rosh Yeshiva of Kerem B'Yavneh) taught that a tzaddik can connect himself to a person or place by gazing at it. Thus, Moshe Rabbeinu, the bridge between the spiritual and physical worlds, was able to infuse the land with something that only he could. The land was not only appointed by Hashem and conquered by Bnei Yisrael to serve as their holy homeland. It was also infused by the gaze of Moshe Rabbeinu with the kedusha of a physical land, which is connected to the spiritual world. There the spiritual Torah could, should, would, and will be carried out physically as we were commanded by Hashem through Moshe. ====================================== P'ninat Mishpat - Dance Carefully! What happens if someone injures his friend while dancing on Simchat Torah? Is he required to pay damages? The mishna (Bava Kamma 32a) states that if two people are running in the public domain and thereby injure each other they are exempt from paying. This is because the two are both engaging in the same potentially dangerous activity and cannot categorize the other as the mazik (damager). Thus, if the two people are dancing, neither can demand pay from damage caused by the other dancer. What if one was dancing and the other was not? Even though one is responsible for the damages he causes while sleeping (Bava Kamma 26a), if one lies down next to a sleeping person and gets damaged, he does not receive payment for damages. The Ramban explains that one who puts himself in a position where someone is likely to damage him accidentally does not get reimbursed. The same idea applies here, assuming the damaged person got close enough to a circle of vibrant youngsters dancing wildly to envision potential danger. What if the damaged person was in a reasonable position and still got hurt accidentally? The first gemara we cited goes on to say that even if only one of the two who collided was running, he is still exempt if he was running as part of the performance of a mitzva (there, to greet the "Shabbat queen"). So too, in our case, the mitzva of showing love and respect of the Torah, which overcomes the prohibition to dance on yom tov (see discussion in Hamoadim Bahalacha, Sukkot 6), should exempt someone who was dancing reasonably from payment. Let all enjoy the festivities, but let the potential damagers and damagees beware. ======================================= Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Writing a Sefer Torah (from introduction to Chavot Binyamin) The Rama (Yoreh Deah 270:1) rules that one fulfills the mitzva to write a sefer Torah by hiring a sofer to write one or by buying one which is incomplete and fixing it, but not by buying a complete sefer Torah. Indeed, the gemara (Menachot 30a) equates buying a sefer Torah in the market to one who grabs a mitzva in the market. However, Rashi (ad loc.) explains that although he misses out on the most preferred way to do the mitzva, he fulfills his basic obligation. Why does the Rama seem to ignore Rashi's opinion? Also, the Nimukei Yosef explains the idea that fixing up even one letter is sufficient, that he demonstrates his interest in doing that which is necessary to have a kosher sefer Torah. Why isn't the same true when on buys a sefer Torah? One could claim that since the Torah says to write a sefer Torah, this has to be done literally by writing [he or his agent]. However, the Torah also says to write a mezuza, and there all agree that it is sufficient to acquire a mezuza and affix it to one's doorpost. One can also ask on Rashi that if it is not necessary to literally write a sefer Torah, then why is there an added mitzva to write it oneself? We can understand the matter with the help of Rashi elsewhere. The mishna (Sukka 29b) states that a dry lulav is pasul. Rashi bases this halacha on the concept that mitzvot should be done in an attractive manner (hidur mitzva, learned from "this is my Lord and I shall adorn him" (Shemot 15:2)). Tosafot (ad loc.) asks that hidur mitzva only provides a preference of an adorned mitzva but does not invalidate it when the adornment is missing. Rashi is apparently based on the gemara (ibid.: 31) that if one can find only a dry lulav, he can use it on Sukkot. If it is pasul, what difference does it make whether there are other available lulavim? While hidur mitzva is usually only a preference, we learn by lulav and etrog that it is an absolute requirement. However, what hidur entails may be subjective, and when only dry lulavim, are available, using such a lulav is not considered a lack of hidur. It is noteworthy that there are several references to the mitzva of possessing a sefer Torah which contain the root for adornment. We can, thus, suggest the following. The main mitzva of writing a sefer Torah entails only possession of a sefer Torah and, in our days, other critical texts (see Shulchan Aruch, Yoreh Deah 270:2) which enable one to gain Torah knowledge. There are those who go so far as to say that it is no longer a mitzva to write a sefer Torah (see Shach 270:5), but to acquire a variety of sefarim which are more crucial in Torah study. We might not accept this opinion, as the Torah says explicitly to write a sefer Torah. However, the requirement to actually write and not suffice to buy, may be on the level of hidur mitzva. In other words, the main content of the mitzva is accomplished when one has a sefer Torah to learn from, but it is an adornment to have it written. Even if this is one of the examples where the hidur is required, if there is a situation where the hidur is not practical to accomplish, the mitzva reverts to its basic component, possession. Such a concept of hidur does not apply to mezuza, whose writing is covered up. We can now understand why the Rama seems to ignore the opinion of Rashi. The Rama understood that Rashi was talking about a situation where the person in question was not capable of writing his own sefer Torah, nor was a qualified sofer readily available. Under those circumstances the binding nature of the hidur falls off. The Rama was discussing a case where hidur alternatives existed, and thus, simply buying was not sufficient. ================================================= Ask the Rabbi Question: Is it proper according to halacha and hashkafa (Jewish philosophy) to be a professor of secular subjects such as political science or language? Is such a profession bitul Torah (taking time away from Torah study)? Answer: We have to discuss this matter on different planes. Your question about bitul Torah hints at an approach that one should occupy himself professionally only with the study and/or teaching of the Torah or some other mitzva. In fact, the gemara (Kiddushin 29a) is clear that a father is commanded to teach his son a profession, so obviously a profession is positive. The mishna in Avot (perek 2) talks of the danger of learning Torah without taking natural steps to support himself. Support for the important phenomenon of extended periods of Torah studies without working is beyond our present scope. It is clear from the discussion of recommended professions (see Kiddushin 82a) that they need not be "mitzva professions". (In fact, it is problematic to be paid for mitzvot- ibid. 58b). Rather, they should enable one to live honestly without compromising moral or religious values. It is important to keep priorities straight and make one's study and fulfillment of Torah the primary concern, qualitatively, and to the degree possible, quantitatively (see Berachot 35a, Shulchan Aruch, OC 156:1). Few are able to fulfil the Rambam's model on the matter. However, failure to perfect the system does not mandate discarding the system that Chazal clearly foresaw for the average person. The deterioration in Jewish communities throughout the world requires one to make efforts to strengthen his own and his surroundings' Jewish commitment. This includes considering to what extent one's choice of a profession strengthens not only himself and his family (no small feat) but also other Jews. The most direct way is in some sort of Torah or community related occupation. However, the possibilities for causing a kiddush Hashem are vast. The fields one might teach could be of value and open doors for a variety of important contributions. The impression a G-d fearing Jew makes, in the eyes of Jewish and non-Jewish students and colleagues, can have untold value. It is unwise for one who doesn't know your setting, options, and strengths to suggest a field that maximizes the use of your G-d-given potential. You should discuss the matter with idealistic yet realistic people who know you and consider the matter seriously. But certainly, the fields you mentioned need not cause significant halachic or hashkafic problems. ================================== 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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