Parashat Shavua

Hemdat Yamim Parashat Reeh

Hemdat Yamim Parshat R'ei, 25 Av 5762 ========================================================= 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 rabbis 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. =========================================================== A Different Kind of Curse / Harav Moshe Ehrenreich Our parasha, which deals with the blessings and curses that were said at Har Grizim and Har Eival, respectively, opens with the pasuk, "See that I am placing before you today a blessing and a k'lala (curse)" (Devarim 11:26). The translation of Unkelus renders these last words in their simple form, "b'rachin v'lotin", Aramaic for blessings and curses. However, the Targum Yonatan ben Uziel and Targum Yerushalmi translate "k'lala" as "v'chilufa," something that counteracts the blessing. The Aramaic "chilufa" like the Hebrew "tachlif" usually implies an alternative or a switching around rather than an opposite. Is it possible to explain a curse as some type of inverted blessing, rather than a curse? Also, what is the basis for the difference between the different Aramaic translations? The Avuhadram explains the order of the seven haftarot of consolation. Concentrating on the first four, we see the following progression. Hashem sends prophets to console Bnei Yisrael (#1-"Console, console my nation"). Bnei Yisrael complain about the consolation (#2- "Zion said: 'Hashem has abandoned me'"). The navi reports Bnei Yisrael's despair to Hashem (#3-"The poor, tormented one is not consoled"). Finally, Hashem agrees to console Bnei Yisrael Himself (#4-"I, I am your comfort"). The Lubavitcher Rebbe z.t.l. (Sichot, 5736) asks, what difference does it make whether Hashem consoles directly or uses His messengers? Also, if Hashem should console directly, why did He wait for Bnei Yisrael's complaint/request? Bnei Yisrael understood the prophet's consolation as a promise for a brighter future, with an admission that their exiles and difficulties were indeed punishments and curses. Bnei Yisrael wanted to relate to the difficulties along the lines described in Parashat Eikev. "For as a man afflicts his son, so shall Hashem afflict you. And you will follow Hashem's commandments... for Hashem is bringing you to a good land" (Devarim 8: 5-7). The difficulties are not punishments for past sins but are a means to purify Am Yisrael and bring them to fulfillment of Hashem's mitzvot. Then they will see the great lights of geula and enter the Land. Bnei Yisrael's desire to merit elevation set the stage for Hashem's agreement to console directly, as He says: "Anochi, Anochi- I, I am your consoler." "Anochi" is said twice because the Divine revelation will be double that of the giving of the Torah, which started with "Anochi." We now understand that "from the mouth of Hashem will not come the evils..." (Iyov 3:31). Our level and ability to perceive a matter's inner essence determines whether we see "k'lala" as a curse or an alternative form (chilufa) of blessing. Unkelus' translation applies to a Chutz La'aretz outlook, which tends to view difficulties as curses. Eretz Yisrael fosters the spiritual breath to view them as hidden, Divine grace. In The Future Days, we will bless "He who is good and does good" on the difficulties just as we presently do on the pleasant things. =========================================================== P'ninat Mishpat - Ona'ah (Mispricing) - V- Flaws in the Sold Item (I) When one talks about overpricing (as we have), he should realize that there are two ways for something to be overpriced. One is simply for the price to be too high; the other is for the item to be flawed and, therefore, worth less than expected. One must understand that flawed objects cause more obvious problems than mispricing. Whenever we talk about nullifying a sale (bitul mekach) because of a flaw, we are discussing a case where the buyer was unaware of the flaw (mekach ta'ut) (Shulchan Aruch, Choshen Mishpat 232:3). Therefore, he did not know, qualitatively, what he was buying. In contrast, when the object was overpriced, he knew exactly what he was buying and exactly what he was paying. He was unaware only that he could have easily obtained the object in an alternative, more beneficial manner. Based on this background, we should understand that one needs a g'zeirat hakatuv (a Divine decree) to invoke the laws of ona'ah, but the laws of mekach ta'ut are natural ones, for which we do not require p'sukim. It is possible to halachically explore the parallel tracks of mispricing and flawed objects at the same time. Thus, if for some reason, one set of laws does not apply, the other may. Next week, we hope to give some practical examples. =========================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) The Borders of Eretz Yisrael- I - The Land Promised at Brit Bein Habtarim (from Eretz Hemdah I:4,1) [We tend to think of the territory of the State of Israel and Eretz Yisrael as one and the same. In Hashem's mercy on His nation, there is, thankfully, much overlap. Yet, it is worthwhile to take a glimpse at the complexity of the question of what Eretz Yisrael included, includes, and shall include, as presented in Rav Yisraeli's monumental sefer, "Eretz Hemdah."] In Brit Bein Habtarim (the central covenant between Hashem and Avraham), Hashem announced the following reward for Avraham: "On this day, Hashem made a covenant with Avraham, saying: 'To your offspring I have given this land, from the River of Egypt to the great river, the Euphrates River'" (Bereishit 15:17-18). The Torah goes on to mention ten nations whose territory is included in Avraham's boundaries. They are, in order: the Keini, K'nizi, Kadmoni, Chitti, Prizi, Rephaim, Emori, C'na'ani, Girgashi, and Yevusi. However, only seven of the territories were given to Bnei Yisrael in the initial stages (Bereishit Rabba, Rashi, ad loc.; see Bava Batra 56b). The Keini, Knizi, and Kadmoni were excluded. Indeed, in Shemot 3 and 23 and Devarim 7, only seven nations [sometimes Girgashi is omitted, as well] are mentioned. Another change in the list is that the Rephaim is left out and Chivi is added. Why? There are different approaches to identifying the Rephaim. Rashi says it refers to the Land of Og [in the northern section of the east bank of the Jordan]. That land was omitted from the later lists, because it is not on the western side of the Jordan, the area known as "the land flowing with milk and honey." We must also posit that the newly mentioned Chivi somehow developed from among the other six nations. The Ramban, based on Chazal, has a simple approach. The Rephaim is another name for the Chivi. Some of these Chivi were on the eastern side of the Jordan (see Devarim 2) and some on the western side. The additional three territories are reserved for Bnei Yisrael in The Days to Come, as is hinted in the pasuk: "When Hashem will widen your borders as He spoke to you" (Devarim 19:8). What is not clear is where these lands are. Rav Yehuda (cited in Bava Batra 56b) and Rashi (Bereishit 15:19; Devarim 2:5) say that it refers to the territory of Ammon, Moav, and Eisav (Edom) which is different from the land of the Rephaim, as explained by the aforementioned Rashi. The Ramban understood that Ammon, Moav and Eisav received the territory of the Rephaim, and, thus, he must accept one of the other identifications of the Keini, K'nizi, and Kadmoni, found in Bava Batra 56a. [We continue next week.] =========================================================== Ask the Rabbi Question: If I get up in the middle of the night and decide to spend some time learning, what do I do about bircat hatorah (blessing before learning Torah)? Answer: The phenomenon of marriages between Ashkenazic and Sephardic families is positive and enriching for individual couples and the Jewish community. Related emotional issues, like this, are often handled best through education, which can moderate feelings. Many sources discuss names, in general, and the significance of naming after relatives. The issues are primarily of "hidden secrets" of Judaism, in which we do not delve, and custom, not halacha. However, there are some rules that all should follow. Both parents should be involved in choosing names, although this may consist of spouses alternating choosing names. There are different minhagim about who begins choosing (see Otzar Habrit, vol.1, 6:3). In the time of Tanach, there was little naming after relatives, but the practice of naming after relatives is already mentioned and explained in the Midrash (Bereishit Rabba 37:7). Several positive elements are found in the sources: 1) We heighten the consciousness of lineage; 2) It is a segula for transferring positive traits of the one named after (apparently, negative ones are not as easily transferred); 3) It brings nachat to the deceased's neshama; 4) It is a form of respect for the one named (see Otzar Habrit ibid.:4). Most of the elements apply even during the life of the grandparents. The Ashkenazic minhag posits that, since much of the naming's effect is to continue the forebear's legacy after his death, it could seem that we await his death, Heaven forbid (ibid.: (3)). Since it is not a bad omen for the baby, Ashkenazi spouses and in-laws have no reason to object if a Sephardi grandfather wants the honor in his lifetime, as is traditional. If it is the Sephardi parent's turn to choose a name, it may not even be proper to pass on the right to honor his/her parent. If education fails to solve the problem, all should use great care and wisdom in choosing the steps and timing to resolve the matter, with a minimum of hard feelings. ********************************************************************************************************************************************* 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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