Parashat Shavua

Hemdat Yamim Parashat Behar_Bchukotai 5764

Hemdat Yamim Parshat Behar-Bechukotai 24 Iyar 5764 *********************************************************** This edition of Hemdat Yamim is dedicated to the memory of Eliezer ben Aharon Presser on the occasion of his second yahrzeit. His life exemplified growth through learning, 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. *************************************************************************************************************************** Real Estate Tycoons Harav Yosef Carmel Recently there has been public discussion about the influence of real-estate tycoons on the government. Their great resources can afford them the possibility of advancing personal agendas by problematic means. In our first parasha, the Torah proclaims : "The Land shall not be sold for eternity, for the Land is Mine, and you are sojourners and inhabitants with Me. In all the Land of your inheritance, you shall give redemption for the Land" (Vayikra 25:23-24). One reason for this commandment is to prevent a situation whereby wealthy people will gain control of the lands of the lower social strata and take advantage of them. However just a few p'sukim later, the Torah says: "Should a man sell a house in a walled city, he shall be able to redeem it until the completion of a year from the time of his sale...[afterward] the house that is in the city will be established as the buyer's for eternity for his generations" (ibid 29-30). We have to try to understand why the Torah strayed in this case from the aforementioned principle. The Sefer Hachinuch (#330) tries to answer by saying that the finality of the sale in walled cities is a penalty the Torah placed upon the seller because of the love of the Land. But what is the nature of this penalty? The laws of the walled city may be an example of conflicting interests. On one hand, the Torah opposes a person's acquiring permanent ownership by buying land in Eretz Yisrael. On the other hand, homes in a walled city have great significance from a security perspective, and there is a public interest that their ownership not be transferred often. Therefore, the Torah penalized the seller by saying that if he sells the house, he will have only a year to redeem it. It is the latter, security concern that prevails here. There are at least another two halachot where the public, security concerns take precedence over even spiritual considerations. 1) There is a halacha of ir hanidachat, that a city where most inhabitants are involved in idolatry is destroyed. However, the laws of ir hanidachat do not apply to a border city, because its destruction would make it easier for the enemy to infiltrate and destroy the country (Rambam, Avodah Zara 4:4). This exception to the rule gives precedence to security concerns over the spiritual danger of keeping the city intact. 2) In general, no monetary considerations justify violating Shabbat. Yet, when a border city is under siege, even if the stated issue is monetary, Jews can go out on Shabbat and use normal means to defend it (including chillul Shabbat, because of its strategic, security importance (Eruvim 45a). Let us pray for the coming of days when the laws of walled cities will apply without fear of real-estate tycoons usurping power and when security factors will be only a theoretical factor. ******************************************************************************************************************* P'ninat Mishpat – Do Standard Compromises Need to be Accepted by Both Sides? (based on Piskei Din Rabbaniim- vol. XII, pp.247-248) Case: [Instead of summarizing a whole case, which, in this case, was a very complex one, we want to focus on one issue which is discussed within the context of the din Torah.] Usually, sides agree in the arbitration agreement that beit din's ruling can be either according to the strict law or according to the rules of compromise. In this case, while the defendants agreed to adjudicate in beit din, they stipulated that beit din would be authorized to rule only according to the strict law. The plaintiff signed the arbitration agreement without stipulation. It appeared that the defendants would have to accept a cherem according to the strict law in order to exempt themselves from payment. (Cherem is a weaker alternative to an oath, by which the defendant agrees that a curse should befall him if he is lying about the question at hand.) As a rule, beit din no longer administers oaths or charamim, replacing them with payment of a minority portion of the claim. In this case, the defendants preferred the partial payment, but given that they stated that the strict law would be used, do they have that prerogative? Discussion of the Issue: Although the defendants can change their mind, from their perspective, and agree to a level of compromise instead of accepting a cherem, we have to consider if the plaintiff needs to agree. Although it was only the defendant who brought the stipulation of following strict law forward, it is illogical that one arbitration agreement should contain two different standards. Thus, just as the defendants had the right to limit beit din to the strict law, so should the plaintiff. However, there is another point that makes it possible that a compromise in lieu of the cherem can be implemented against the plaintiff's will. It is an accepted practice in all batei din to avoid, at almost all costs, administration of an oath or cherem. As such it is possible that this rabbinic practice turns, in effect, into the strict law. As such, it may no longer be categorized as a compromise, which requires the agreement of the two sides. [Beit din left this general question undecided. In this specific case, they demonstrated that there was a different reason to totally exempt the defendants from a cherem.] ********************************************************************************************************************** Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Reflections Right After the Six Day War - part I (from Sha'alu Sh'lom Yerushalayim, pp. 53-55) "I will extol You, Hashem, for You have drawn me up, and You did not bring joy to my enemies over me" (Tehillim 30:2). What was our situation before our salvation came? We were in the depths of the pit and on the lowest level. The noose was tightening and the hopes that "friendly nations" would come to our aid were evaporating like a false fantasy. Every day brought its "tidings of Iyov." One day it was the removal of the small UN force that separated us from our enemies. Another day it was the announcement of pacts between nations of the region with the promise that the day would soon come when the name of Israel would no longer be heard. That was only part of the story. Internally, our situation was equally precarious. The economy was in a recession, with unemployment soaring. Yerida (outward migration) thinned the ranks of the most talented minds daily. The younger generation was wasting away, looking for lowly entertainment. Political parties were quarreling about anything and everything, while revelations of misappropriations of public funds were surfacing daily. The misgivings between the religious and irreligious were widening, as the desecration of Shabbat reached the point that the Shabbat was all but erased off the face of the map. Within the religious world, there was no lack of disunity, as well. And then before our eyes, the double miracle occurred, the internal one and the external one. As by a magic wand, everything turned around instantaneously. The nation and its leaders overcame the feeling of helplessness. A national unity government arose and the nation forgot its upheavals. The "outer peel" dissolved, and the fire of belief and the willingness to sacrifice one's self began to blaze in our hearts and surged outward. Where did this come from? Young people who had been steeped in materialism and scorned everything holy were suddenly climbing to the height of self-sacrifice. People of all ages joined together to carry out their duties. Waves of powerful belief in the Savior of Israel swept over many who had harbored doubts. The kippa-wearers in the army were no longer outcasts but became the center of attention, attracting people who wanted to pray along with them. There are incredible stories of pre-battle prayers held by unprecedented, large groups with great inspiration and an awe of the Divine and an unquestioning faith that never existed before. When the moment of truth came and firefights erupted, we were witness to acts of glorious bravery without parallel. How awesome were the sights of soldiers lying on barbed-wire fences to serve as bridges for their comrades to walk on to attack enemy positions in hand-to-hand combat! How wonderful was the composure of combat pilots diving toward their targets with disregard for their personal welfare! How can we explain the powerful excitement that took hold over those who were chosen to penetrate the walls of the Old City of Yerushalayim, reaching, as bloody sacrifices fell along the way, the holy stones of the Kotel Hama'aravi, the remnant of our Beit Hamikdash! As we note the miracle that occurred within our souls, so should we recognize the miracle that took place in regard to the destruction of the encampments of our enemies and our arrival at the boundaries that the Torah set out for us in Parashat Masei. Even before the war we knew that our enemies possessed much strength. But only with our penetration into the network of their defenses is it starting to become clear how advanced their weapons of destruction were and how great the miracle was that Hashem did not allow us to be "feed for their teeth." *************************************************************************************************************************** Ask the Rabbi Question: Our daughter was accepted to a seminary, and we paid $1,500 as a non-refundable registration fee to hold a spot. She decided to attend a different institution. When we informed the first seminary, they refused to return the money. Given that another girl has already replaced our daughter, do they have the right to retain the money? Answer: We wish you in advance nachas from your daughter's spiritual gains during her studies in whatever fine institution she will attend. The willingness of people like you to part with their children for a while and spend much hard-earned money has revolutionized our community. We will address both the halachic and moral elements of the question, as Torah institutions should conform to both. We will start with institutions' rationale for this common policy, which is important for both aspects. (We cannot say anything authoritative without hearing both sides' claims in beit din.) Firstly, these institutions incur heavy expenses well before students arrive. This includes transportation for recruitment teams and tens of hours of administrational work to name just a couple of costs which reach tens of thousands of dollars. It is logical that applicants defray costs and that those who complete the process pay more. But $1,500 seems too much for defraying costs. The main logic of the payment's non-refundable nature is preventative. Often institutions will have fewer students (and less money to pay expenses) if students can freely change their minds. A student's change of decision can have a domino effect on her friends, which can severly damage an institution. Even if they can be replaced numerically, in the meantime, the top wait-listed students usually commit elsewhere. Replacing a few top students with others who are marginally suitable can affect the character of a school's student body and its reputation in the short and even the long term. The fact that the money is non-refundable also puts the student and parents in a mind-set of certainty about their choice. Then, like an engaged couple, one does not consider changing her mind, unless a serious mistake surfaces. This mind-set usually benefits all. Students remain positive, and seminaries can hire a staff that suits the incoming student body. While $1,500 sounds like a lot (and might be a little high), if it were much lower it would not sufficiently deter cancellation. Now we can examine the halachic issues. You hired a seminary to teach your daughter. Usually, an employer can break an employment agreement, even if a kinyan was done on it, without paying the salary, if the worker can find alternative employment (i.e. another student) (Shulchan Aruch, CM 333:2; see Pitchei Choshen III, 10:7). However, there is a rule that conditions made to change standard financial arrangements are binding (Ketubot 56a). You tacitly agreed to the stipulation of non-refundable payment and made the agreement final by transfering the money unconditionally. Your only claim is asmachta, that an exaggerated obligation that one accepted because he did not think it would come to fruition is not binding (Choshen Mishpat 207). However, the Shulchan Aruch (ad loc.:11) says that if one already gave money as a guarantee, he cannot demand it back. Although the Rama (ad loc.) argues, one cannot extract money from a muchzak when there is a serious contending position. The seminary may have additional claims to justify their position (see ibid.:16, regarding penalty clauses to prevent damage and Tosafot, Bava Metzia 66a regarding accepted practices). To shorten and over-simplify a complicated matter, it does not appear, based on what we know, that you can halachically demand the money back. Just as it is a mitzva for you to see the seminary's side of the matter, so it is for them to see your side. If you can convince them that: 1) you were confident your daughter would attend; 2) something arose to turn that into a wrong decision; 3) it turns out they were not seriously damaged by the withdrawal, then we hope they will return much of the deposit. Our special, annual Yom Yerushalayim celebration will take place on Wed., 28 Iyar (19/05) between 11:00 AM-3:00 PM. The event has become a major event, bringing together important public figures, the extended 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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