Parashat Shavua

Hemdat Yamim Parashat Bchukotai 5763

Hemdat Yamim Parshat Bechukotai 22 Iyar 5763 This edition of Hemdat Yamim is dedicated to the memory of Leiser Presser on the occasion of his first yahrzeit. His life exemplified growth through learning. 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. ========================================================================== Homeland Social Security Our parasha begins on a positive note, on the blessings that Hashem will bestow upon us if we comply with his commandments and dedicate ourselves to Torah study (see Rashi). The first string of blessings deals with financial success. Later the Torah promises military security. According to Rashi, the connection and transition between these two themes are contained in the short phrase "v'natati shalom ba'aretz" (I shall provide peace in the Land) (Vayikra 26:6). If one accumulates much wealth, it does little for him, if he does not have the peace and tranquility to enable him to enjoy it. Thus, the subsequent promise of military success is not to be understood as just another blessing in its own right, but primarily as a facilitator of making the most of Hashem's other blessings. The Ibn Ezra capsulizes another approach to these words in one powerful word: "beineichem" (between you). The promised peace we await, as reward for the righteousness we strive for, is peace between one Jew and another. What is this peace between man and man? Peace can be simply the absence of war or, in this context, internal strife. Internal strife can arise when there aren't enough resources to go around for all. When a pack of people need to vie for a few scraps of bread, the elbows can fly quite wildly. If we are promised plenty, then that problem disappears. But, as we know, plenty can cause new problems. Some people want to feel that their plenty is more plentiful than their friends', and that it is the result of their ingenuity (as opposed to their neighbors' luck). There is also a danger that projects that the new-found wealth enables can serve as the setting for power struggles between different groups with different interests and ideologies. (Often the ideologies are not that different, but provide a convenient excuse for "good-old machloket.") Thus, there is a need that, whatever the state of the nation is, the blessing of peace abound. But shalom need not be limited to an absence of strife. Rav Hirsch expands the Ibn Ezra's approach to include the positive that one can receive from social interaction. He notes that social happiness is a result of satisfaction that one receives from one person being happy with another. This can be particularly significant at a time that many are blessed. If one has the type of relationships in which he does not feel threatened by his neighbors' good fortune but rejoices in it, then he will be blessed with a much happier life. What is the single greatest contributing factor toward this good feeling among peers? As Rav Hirsch and Rabbeinu Bachyai infer, the Torah introduces these blessings with the description of a nation of people dedicated to a joint, spiritual destiny. If there is a feeling of teamwork, not for pragmatic purposes of self-gain, but for the sake of mutual, national and spiritual growth, then the feeling of true kinship is likely to flourish. May we succeed to merit Hashem's blessings and help ourselves enjoy the good He will bestow upon us, collectively and individually. ======================================================================= P'ninat Mishpat - Disclosure of the Content of Claim(condensed from Piskei Din Rabbani'im, vol. XIX p. 337) Case: Before agreeing to sign an arbitration agreement to appear before beit din [required by secular law, which does not recognize the authority of beit din to adjudicate without the defendant's agreement], the defendant demanded to hear in significant detail the particulars of the plaintiff's claims. The plaintiff presented information on the specific amount of money that he was claiming. However, he wanted to leave discussion of the details of the story, explaining why the defendant owed him, according to him, for discussion in beit din. Ruling: The Shach (Choshen Mishpat 11:1) cites the opinion of the B'er Sheva that the plaintiff has the right to deny information on the content of his claim, as the gemara says that a person is not in the practice of revealing his claims outside of court. The Shach argues and says that the defendant has the right to know what is being claimed against him in order that he should have the opportunity to settle the matter out of court. The Shvut Ya'akov (I, CM 143) sides with the B'er Sheva, saying that whatever the defendant needs to hear, he can hear in court. [Certainly, if he needs time to find proofs for his responses to the claims, he will be given ample time.] We see from the discussion of several acharonim on the topic (see Zichron Yosef, cited in Pitchei Teshuva 11:4) that there are two main concerns to justify the Shach's ruling. Namely, the defendant can request the opportunity to avoid the court case either to save the embarrassment or the expense related to the adjudication. However, the various sources, including the Shach himself, do not ensure the defendant the right to hear the particulars of the claim in order to prepare his case. To the contrary, if the defendant will be privy to the proofs and the account of the case according to the plaintiff in advance, it will give him the opportunity to fabricate lies that will enable him to win. Rather, the plaintiff can demand to receive the defendant's direct, unrehearsed response to the claims at beit din. There are those who limit the machloket between the B'er Sheva and Shach and say that the B'er Sheva would agree that, in certain case, the content of the monetary claim is crucial to the defendant. However, we do not find an understanding in the Shach that requires more information than the identity of the plaintiff (see Moed Katan 16a), so that he can be approached, and the "what" of the claim, not the "why." The Rules and Regulations of the Israeli Rabbinical Courts do require disclosure of the facts that serve as the basis for the claim, but this does not require the plaintiff to go into detail as to his account of the case and/or the proofs he will bring. ======================================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Drasha for Yom Yerushalayim 5747 at Merkaz Harav (condensed from - "Ze Hayom Asa Hashem," pg.163) "I broke the staves of your yoke and led you erect (kom'miut)" (Vayikra 26:13). Chazal (Sanhedrin 100a) tell us that kom'miut refers to twice the height (koma) of Adam. When talking about liberation, kom'miut is the Jewish way and the necessary way. There must be two floors to the structure, one on top of the other. One floor is that of the physical: a state, independence. The second is the spiritual, which is built upon the foundation of the physical, giving it life and substance. One cannot last without the other. Although we survived in Diaspora communities for 2,000 years, Rav Kook explained at length that it was not a normal existence. For close to twenty years we were separated from the Kotel and from the holiest parts of Yerushalayim. We were unable to feel its cold stones, the ones which were able to pull tears out of any type of Jew, including the paratroopers who kissed them without knowing what charm drew them to do so. There was a wall in the heart of Yerushalayim, one that separated between the Jewish nation and the places most holy to it. We pray that such a wall will never be rebuilt but will be replaced by "a wall of fire around it, and I will be within it for glory" (see Zecharia 2:9). "On a high mountain, go up, herald of Zion. Raise your voice with strength, herald of Yerushalayim. Raise it, do not fear, tell the cities of Yehuda, here is your G-d" (Yeshaya 40:9). What hesitation was there that required the navi to exhort the harbinger to speak out? There is a difference between the names Zion and Yerushalayim, referred to by the pasuk. Zion refers to the state, the kingdom. As such, its herald goes up "on a high mountain," and it is able to place a flag that can be seen from far around. Yerushalayim, the spiritual element, does not use that type of system to announce its liberation. While Israel celebrates its independence with parades, flags and noise, Yom Yerushalayim has a more tranquil character. There is more room for philosophical contemplation. Therefore, we are told to raise our voice with strength. There is a need to talk, to blow spirit into the dry bones. The strength of the voice reminds us of the "voice of Hashem in strength" (Tehillim 29:4). At the time of the war, everyone felt that our liberation of Yerushalayim was not with the strength of our hand, but was directed from Above. We didn't even plan the battle for Yerushalayim. We never looked for war, nor do we look for it today. However, neither can we give up the source of our national life, which our prophets and sages dreamed of. Now Avialable!! "Ze Hayom Asa Hashem," - derashot and articles by Rav Shaul Israeli zt"l, enlarged edition including a CD, 224 pg., Erez Publications 2003. (It can be ordered through Eretz Hemdah). The recognition that the history of our times and, particularly, Yom Ha'Azmaut and Yom Yerushalayim are ma'ase Hashem (Divinely ordained), was a cornerstone of Rav Israeli's teachings. That is the reason for thanksgiving and rejoicing on these days. Every year, Rav Israeli would speak on the meaning of the days and our times, at first before his congregation in Kfar Haroeh and later at public celebrations at Merkaz Harav and Eretz Hemdah. ======================================================================== Ask the Rabbi Question: I woke up really late one day. What is the latest one can daven Shacharit? Is the davening at that time exactly the same as regular? Answer: In order to daven Shacharit "at its time," one should finish Shmoneh Esrei before the end of four proportional hours of the morning (Shulchan Aruch, Orach Chayim 89:1). This is a third of the time between sunrise and sunset (according to some, a third of the time between alot hashachar and tzeit hakochavim). However, the gemara (Berachot 26a) teaches that there is a concept of receiving credit for tefilla after "the time" of Shacharit (while missing the greater reward of davening at the appointed time). The gemara compares this late tefilla to the concept of tashlumim (making up a missed tefilla by doubling Shmoneh Esrei at the following tefilla). Because of this, some rishonim say that one can make it up only if he missed the time by mistake or because of extenuating circumstances (see Orach Chayim 108). Most say that, until the time of Mincha, the late tefilla is not tashlumim and can be said even by one who knowingly missed the time. However, poskim say that it is best to have in mind that in case it is too late, the davening should be considered an additional, voluntary one (tefillat nedava) (Mishna Berura 89:6; Yalkut Yosef, Tefilla 5). The final time for saying Shmoneh Esrei of Shacharit is chatzot (astronomical noon, found in some good calendars; don't forget to factor in Daylight Savings Time). This is the latest time found by any opinion for the time of Shacharit and is also the time when one can, in theory, daven Mincha (in practice, we are required to wait another half-hour to stay on the safe side). At this point, Shacharit is no longer an option, except as tashlumim at Mincha (Rama OC 89:1; Magen Avraham 89:5; Taz 89:1 argues, see Mishna Berura 89:7). After chatzot, one has the opportunity to do tashlumim at Mincha, if missing Shacharit was not done on purpose (meizid). When one gets up that late, it is not always clear whether to categorize the lateness as accidental or on purpose. Certainly if one overslept, he can do tashlumim. If he woke up earlier and rolled over in bed with the intent of sleeping beyond the time, it is presumably meizid. On the other hand, some people are not capable of any serious intent when they roll over in bed. (It is a sign of responsibility when one reaches the point in life when these types of borderline cases stop arising.) When one davens between the end of the time of Shacharit and chatzot, the straightforward ruling is that one omits the berachot before and after Kriat Shema (Yotzer Or until Shema and Emet V'yatziv until Ga'al Yisrael) (Shulchan Aruch 58:6). The Biur Halacha (ad loc.) raises the possibility that one might be justified to include these berachot in his tefilla until chatzot, if he was unable to do so earlier because of extenuating circumstances. However, the average late riser is hard-pressed to claim that his circumstances were clearly extenuating. 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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