Parashat Shavua

Hemdat Yamim Parashat Vayakhel-Pekudei

Hemdat Yamim Parshat Vayakhel-Pekudei ============================================= This edition of Hemdat Yamim is dedicated to the memory of R' Meir ben Yechezkel Shraga Brachfeld o.b.m. ============================================= Where There's a Cloud, There's Fire / Harav Yosef Carmel One of the last p'sukim of Shemot says: "The cloud covered the Tent of Meeting, and the glory of Hashem filled the Tabernacle" (Shemot 40:34). This pasuk is reminiscent of the Torah's description of the giving of the Torah at Har Sinai. There, it says: "Moshe ascended the mountain, and the cloud covered the mountain. The glory of Hashem dwelled on Har Sinai, and the cloud covered it (Shemot 24:15-16). These events epitomize, to a degree, the goals of the Exodus. The promise not only to take Bnei Yisrael out, but also to give them the Torah and have His presence dwell among them, was fulfilled. In addition to the cloud, a further expression of Hashem's presence appears in Parashat Shemini: "Fire came out from before Hashem and consumed on the altar" (Vayikra 9:24). That section of the Torah is a continuation of our parsha, and the Ramban connects it to Har Sinai. The Ramban writes: "The secret of the mishkan (Tabernacle) was that the glory which dwelled on Har Sinai would dwell on the mishkan in a discreet manner" (introduction to Parashat Terumah). We find the descent of the holy cloud by the building of the Beit Hamikdash of Shlomo (Melachim I, 8:10). It is surprising that we don't find the description of the descending fire at the erection of the Beit Hamikdash. This is in stark contrast to the presence of heavenly fire by the altars of Manoach (Shoftim 13:2) and Eliyahu at Har Carmel (Melachim I, 18:38). Only in Divrei Hayamim (II, 7:1) is there mention of fire from the heavens at the Beit Hamikdash. The Meshech Chuchma has a fascinating explanation of the "missing fire." The fact that the fire is found on altars is exactly what caused Melachim to leave it out. The greatest spiritual shortcoming of the First Temple period, which even great kings (until Yoshiyahu) were unable to rectify, was the sacrifices on altars outside the Beit Hamikdash (bamot). Yirmiyahu, who wrote Melachim, feared that stressing the similarity between the Beit Hamikdash and other famous altars would blur differences between them. People would misunderstand the concept of "and I shall dwell among them" as a carte blanche to worship when and how they desired. Ezra wrote Divrei Hayamim after the "slaughter" of the yetzer hara of avoda zara, which was a major part of the problem of bamot. Therefore, he was able to include the full description since, at that point, all accepted the centrality of Yerushalayim in our Divine service. ============================================== P'ninat Mishpat - Kiddushin - What Invalidates Witnesses? - IV We have seen that violating Torah laws whose punishment is malkot (flogging) causes a p'sul (invalidation) from the Torah. What happens if violation of the Torah laws does not stem from wickedness? The Shulchan Aruch (Choshen Mishpat 34:24) rules that if one does an aveirah which he likely does not know is forbidden, then he is disqualified only if warned. Regarding the rabbinic p'sul of gambling, he states that he must be warned that his actions will pasul him. R. Akiva Eiger (Shut 96) says that those who shaved with razors in his time were not pasul as witnesses since they did not believe it was forbidden. The Rivash (14th -15th century) paskened that forced apostates were kosher witnesses if they violated the Torah only when they were forced to do so out of fear of death (Shut, 11). These and similar, classical sources deal with individual violations under mitigating circumstances. One who rejects the Torah on a wide-scale basis, even if classified as a tinok shenishba (one without the background to keep the Torah), is still pasul to testify. R. Moshe Feinstein explains that if one doesn't accept the Torah, then he doesn't accept the Torah prohibition on testifying falsely. Practically, we can explain that even if the person is honest, there are still doubts about his testimony's reliability before beit din. For example, if such a person feels that beit din will do what he considers improper based on his testimony, he may change his testimony to get the "proper results." =============================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) "Because of Three the Land Trembled"- Rav Yisraeli's reaction to the 1st intifada - "Harabanut V'hamedina," p.436) After 40 years of the State of Israel, we still have not merited, "and the Land was quiet." To the contrary, we witness a total enlistment of the foreign nation in our midst to the cause of murder and destruction, coupled with the brazen claim that we are racist conquerors trying to steal another's land. From where do they nurture the claims that we are outsiders in the land which is full of our history, our toil, and our achievements in rebuilding the land in a manner which has benefited them, as well? The Arabs' uncompromising hatred stems from three factors, as Shlomo Hamelech wrote: "Because of three, the land trembled" (Mishlei 21:30). "When iron was created, the trees became agitated. The iron asked: 'Why are you agitated? No wood will agree to enter me [as a handle]'" (Bereishit Rabba 5). Reviewing the unfolding events, we find that we helped create our own troubles. We were shocked by our victories and lacked the wisdom to fill the new borders which resembled those of Parashat Masei. We should have put all our energies into a clear, impassioned call for a mass aliyah to come build and be built. In truth, one segment of Jewish society heeded the call- the observant, Torah-minded community. Those who once constituted the chalutzim (pioneers) reacted in a virulently negative manner. Jealousy may have played a role when they realized that specifically the religious community, which they deemed a relic of the past, was reinvigorated by the national challenge and was starting to chart the course of the nation. The camp of the former pioneers, both on the political and grass roots level, began with slogans of "end the occupation" and "fascists," justifying and strengthening our terrorist enemies. They created illusionary ideas that if we just agree to small pullbacks and prevent Jewish settlement over the so-called "green line," then we would have peace. The nations of the world picked up the message that it is up to them to decide our fate. As Chazal explained with their parable, the ax would not have been able to knock down trees if the wooden handle wouldn't do its part. "Hashem shall give strength to His nation- strength refers to Torah" (Shir Hashirim Rabba 2:10). Rashi begins his work on Chumash with the response to the Gentiles' claim that we stole Eretz Yisrael. Some mistakenly think that the response is to be addressed to the nations, when indeed it is what we need to remind ourselves. We need to know that the Torah stands behind us and learn to stand unified by our rights and succeed. To do that, though, we need to learn the Torah and believe it is the source of our life and our guide to running our country. In summary, in three ways we should rectify the mistakes which have contributed to our present problems: 1) We must realize that it is fantasy to think that by granting concessions, we can solve our problems and achieve peace. 2) We should be careful not to give rhetorical ammunition to our enemies. 3) We need to know that leaving the Torah is the source of our weakness. By strengthening ourselves through Torah, we can achieve the end of the aforementioned pasuk: "Hashem will bless His nation with peace," real, just, permanent peace. ================================================ Ask the Rabbi Question: In our community, there has always been one shul. Over time, there have been major changes in the origin of the Jewish population, and many either want to change the minhagim of the shul or to start a new minyan. Are there issues of "Lo titgod'du" or changing minhagim? Answer: The issue of "Lo titgod'du", not having different sets of rulings and practices within a community is an important halachic concept. However, it is not a problem to have different batei k'nesset in a community, reflecting different age-old approaches, regarding text of the tefilot and halacha. Certainly, communities with different batei k'nesset with different minhagim did not all start the various sub-communities simultaneously (see Chatam Sofer, Choshen Mishpat 188; Maharam Shick, Choshen Mishpat 24). In practice, not every time that a group breaks off to form a new minyan or shul with a different nusach, is the true motivation the stated one. It may involve such issues as "local politics" or personalities. Certainly, it is not proper for people from the outside to make rulings without being invited by the sides and learning the situation well. Thus, our statement is a general one about certain parameters of "Lo titgod'du" and is not a specific ruling or advice. It is crucial for the local rabbinic and lay leadership to work matters out in a way which is best for peace and the needs of the community (see also Maharam Shick, ibid.). Changing the minhagim within the shul to reflect the present population is a tricky matter. If a beit k'nesset was formed with a clear minhag and nusach, it is not proper to switch it even when the membership has changed significantly (Chatam Sofer, ibid.; Igrot Moshe, Orach Chayim II, 21). This is assuming that there is still a significant representation of the followers of the old minhagim (Igrot Moshe, ibid.). When a new congregation is formed, it should follow the majority of the mitpalelim. It is possible that a congregation which was formed with the realization that it would serve a heterogeneous and possibly changing group could be more flexible about changing minhagim (ibid.). On these matters as well, it is the obligation and privilege of the local rav to appraise the situation and rule accordingly. [This response is based on a teshuva in our sefer, B'Mareh Habazak, III, p.53]. =============================================== Vayakhel-Pekudei 25 Adar 5762 ויקהל-פקודי 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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