Parashat Shavua

Hemdat Yamim Parashat Shmini 5763

Hemdat Yamim Parshat Shemini 25 Adar II ======================== 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 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. =============================================== A Serious Joy We are right in between Purim and Pesach, our two holidays with a significant element of wine drinking. Are the effects of drinking wine positive or negative? Is there any other way to bring a spirit of happiness so quickly? Let us examine just one aspect of this complex issue. In the aftermath of the death of Nadav and Avihu, Hashem instructs Aharon to refrain from drinking wine before entering the mishkan to perform service (Vayikra 10:9). The Torah continues, as Chazal teach, to forbid rendering halachic decisions under the influence of alcohol (see Rashi on 10:11). The Ramban gives the simplest reason for the prohibition, stating that when intoxicated, one is more likely to make mistakes, which can be deadly in the service of the mishkan, as evidenced by Aharon's sons' deaths. The parallel to rendering halachic decisions is clear, as lowering of one's mental capacities can cause serious problems. However, the Sefer Hachinuch (#152) takes a different approach. He says that it is an affront to the mikdash for those who are commanded to ensure its proper use to enter in a not fully dignified demeanor. The same is true of approaching Torah at the highest levels. It isn't sufficient that the content of the rulings be accurate, but those who are involved in teaching Torah must approach it with the proper frame of mind. They must be serious, not light-headed with a superficial elation associated with wine. Wine is appropriate at other places and times, such as yamim tovim, but not in the mikdash or when rendering halachic decisions. The Netziv takes an entirely different approach to our p'sukim. An onen (one after the death of a close relative) cannot take part in the service of the mikdash, because he is unable to be on the level of simcha that is required. Yet, Aharon and his remaining sons were commanded to continue their service after their sons'/brothers' deaths. Hashem was concerned that Aharon would attempt to use "tricks" for quick happiness to aid him in the Temple service, and instructed him that some are inappropriate. The first shortcut to joy and/or forgetting one's troubles is wine (see Tehillim 104:15; Mishlei 31:6). But the joy needs to be real, not illusionary, and the Torah forbade drinking wine in the mikdash. The Torah goes on to mention a more significant means of reaching joy, true joy: learning and teaching Torah (Vayikra 10:10-11). This, says the Netziv, is what Hashem commanded Aharon to take part in to help him reach the joy he needed to continue his holy work at that trying time. Wine does, indeed, bring joy, and it has its place. But when one needs real joy, one that does not distort and cause mistakes, but brings joy by directing one onto the right path, Torah is the elixir. ============================================ P'ninat Mishpat Sh'vuot (Oaths)- Part IV- Sh'vuot Hashomrim (Watchmen) One of the sh'vuot from the Torah is the sh'vua of a shomer (watchman), who claims that that which happened to the object was something for which he is not responsible. Sh'vuat hashomrim contains three elements (Bava Metzia 6a): 1. That the object is no longer in the possession of the shomer but was lost, stolen or destroyed in a manner that makes him exempt. 2. That the watchman was not negligent in a manner which caused the object's disappearance or its demise. 3. That the watchman did not misappropriate the object during the period of watching (shlichut yad). The p'sukim that obligate the sh'vua read as follows: "If a man gives to his friend money or utensils to watch....the watchman will approach the court if he did not [illegally] reach out his hand to his friend's object" (Shemot 22:6-7). One could read the p'sukim in such a way that the main element of the oath is that he did not misappropriate the object. However, the Rambam (Sh'eila U'pikadon 4:1) says that the main element is that the object was lost or stolen. In fact, the Rambam states that the element of misappropriation is incorporated into the shvu'a only through the concept of gilgul sh'vua. Gilgul shvu'a means that when one administers a shvu'a, he has the ability to add in elements that are not subject to oaths independently. In our case, the Rambam feels that one cannot, without clear grounds for suspicion, require one to swear that he did not misappropriate something which was entrusted to him to watch. Only because the shvua exists anyway, in regard to its other elements, can it be expanded to include this as well. The Rambam understands the aforementioned pasuk as follows. The sh'vua will exempt the watchman only on the condition that there was no previous misappropriation. Therefore, if the shomer brings witnesses that the object was lost or destroyed in a manner that does not obligate him to pay, then the sh'vua on shlichut yad alone is not administered (ibid. 6:3). ================================================= Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) The Essence of and Path to Perfection - part II (from Perakim B'machshevet Yisrael, p. 391) [Last time we discussed the differences between the Rambam and Ramchal on the question whether a person who strives for self-perfection need to expend great efforts in curbing his worldly desires.] The common denominator between the Rambam and Ramchal is that they see the world as centered around people of exceptionally high spiritual achievement. The rest of the world is their staff, so to speak. If one uses the body metaphorically to describe society, the elevated people are like the head, with the relationship between the different parts of humanity following suit. The main importance is in regard to the head. The proper functioning of the rest of the body enables the head to act in the special manner it designs. R. Yehuda Halevi had a very different approach. For him, as well, the center of the nation is the elite of the elite, the prophets. However, he describes this centrality metaphorically with the heart, not the head. The content of these religious leaders' role is, by their acting as expected, to uncover the vitality of the whole nation, in all of its facets. This works out logically according to his approach as to how the prophet reaches his greatness. They are the chosen from among a nation which is destined to have prophecy in its midst. They are not chosen for their own sake and in their own merit, but in the merit of the nation as a whole. Therefore, it is also clear that the importance of having prophets is so that they can serve as guides for the nation, to familiarize them with the Divine. "If not for Bnei Yisrael, the Torah would not have been. Furthermore, it was not that they reached their heights because of Moshe, but that Moshe reached his heights because of them. This is because the [special] love of Hashem was only to the multitude of the offspring of Avraham, Yitzchak, and Ya'akov" (Kuzari II, 56). R. Yehuda Halevi saw the ideal of the complete person not necessarily in the elite but in the normal type of Jew. He saw completeness in the absolute control of the person over his body and his desires. He finds the path to this level being reached by following the Torah and mitzvot, which provide the means to properly handle of all of a person's inclinations. There is value, within reason and limits, even for things that one can exist without. An excess of food and drink has a place in a complete person's life, if it helps bring joy at the appropriate times on the calendar year. Similarly, there are times during the year when it is appropriate to be particularly pensive and introspective. R. Yehuda Halevi scoffs at those who think that it is possible to reach control over the body's desires by suppressing them. He shows that the result is just the opposite. R. Yehuda Halevi also agrees that there is room for a life of distance from pleasures of the world. However, this is only for very unique people, and the point of this lifestyle is not to actively suppress one's physical side. Rather it stems from the lifestyle of a person who has reached a state of elevation approaching that of angels, to the point that worldly pleasures no longer interest him. ================================================== Ask the Rabbi Question: I am a new father, and I often take care of my infant all morning. Sometimes, when I get her to sleep and am in the middle of davening, she starts crying. If this happens at a time that I am not able to stop, what am I to do? Answer: Mazal tov. Of course, the best idea is to daven before starting to watch the baby. We understand that this is not always possible or doesn't work out, and this response deals with the situation that you did not succeed to do so. Firstly, it helps to know the needs and habits of the baby (which is difficult, as they often change as fast as you learn them). Many babies will wake, cry, and fall back asleep by themselves. Others whimper relatively calmly for a few minutes until their parent comes. In such cases, it is best to reach a place in tefilla where one can stop before going to the baby, if one can concentrate. One does not have to stop davening at the first cry, nor does a parent need to drop all in the middle of another activity that is hard to stop within seconds. If the baby continues to cry bitterly, it fits the rule that the needs of a child are like those of a sick person (Rama, Orach Chayim 328:17). There are different preferences at different places in the tefilla. During Ps'ukei D'zimra and Kriat Sh'ma, one can stop to walk and hint (except in the first section of Kriat Sh'ma- Shulchan Aruch OC 63:6) and make sounds to a child (see B'er Moshe III, 12). These are all forbidden in Shmoneh Esrei without an acute need (Mishna Berura 104:1). It is a problem to hold a baby while davening any part of the tefilla, as one may not hold the type of thing which one is concerned may fall (ibid. 96:1). The following are the priorities when you can't wait. If you can go to console the baby or rock her back to sleep and then continue davening, this is preferable. If you think it is likely the baby will stir and need to be put back to sleep before you can continue davening, then it pays to stand near the baby for Shmoneh Esrei so as to avoid the need to walk to the crib. Before this point, it pays to not be so close, as you don't want to lose concentration at the baby's every twist and turn. It is best to finish dealing with the baby before enough time has elapsed to finish the entire section of the tefilla one is in (Mishna Berura 65:4). However, if need be, one can take longer than that and continue from where he left off (Tefilla K'hilchata 12:(198); see Mishna Berura 65:2 & 104:16), while being careful not to talk. It is better to hint and make signs and noises than to move from one place to another during Shmoneh Esrei (Mishna Berura 104:1). If it is likely that a very long time will pass until the baby will allow you to daven properly, then you can hold the baby while finishing to daven if that will quiet her enough to enable you to concentrate. This is because one who davened while holding something that he is afraid may fall fulfills his mitzva, b'dieved (Mishna Berura 96:2). Concerning l'chatchila, since the reason for the prohibition is the inability to concentrate, if the only way one can concentrate at all is by holding the baby, then that should be done. A better idea under these circumstances may be to put her in some type of baby carrier. (Normally this is problematic, as well- see Shulchan Aruch, OC 97:5). These are usually very soothing for the baby, especially when one is swaying anyway. Logic dictates that, assuming there is no chance the baby will fall out of it, the case should not be considered like that of holding something which can fall. ============================================== Hemdat Yamim is published weekly in conjunction with Gemara Berura. 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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