Parashat Shavua

Hemdat Yamim Parashat Shoftim

Hemdat Yamim Parshat Shoftim, 2 Elul 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. =========================================================== The Center of an Expanding Circle / Harav Yosef Carmel Our parasha discusses the zakein mamrei (Devarim 17: 8-13). The zakein mamrei was a member of Sanhedrin who rejected the decision of the majority of the Sanhedrin, and instructed others to act in a contradictory manner. However, it is a mistake to learn this section of the Torah as a matter that is relevant only to that select group of jurists. Proper study of the section of zakein mamrei reveals the stress that the Torah puts on the centrality of Yerushalayim, "the place which Hashem shall choose" (ibid.:10). The Sanhedrin's presence in Lishkat Hagazit, adjoining the Beit Hamkdash in Yerushalayim, is no coincidence or matter of convenience. It turns Yerushalayim into, not only the center of Divine service, but also the spiritual, halachic, and Torah center of the Jews of Eretz Yisrael and, indeed, the Diaspora. Sanhedrin is the highest authority on all matters of halacha (not just the judicial), and, according to the Yerushalmi, of philosophy also (compare Bavli, Sanhedrin 87a and Yerushalmi, ibid. 11:3; see Letter 103 of Rav Kook). This section has a close parallel in Sefer Yeshaya 2, the famous prophecy on the End of Days, with its spiritual awakening. The following roots, to mention a few, arise in both texts: דבר, עלה, ירה, שפט. In general, it is possible to prove the thematic connection between the beginning of Sefer Yeshaya and the parshiyot of Shoftim and Ki Teitzei. Considering this connection, we can perceive a new dimension to the theme of Yerushalayim. Yeshaya describes the Holy City as a place where the nations of the world will stream to worship and receive inspiration and guidance ("For from Zion shall emanate Torah, and the word of Hashem from Yerushalayim"). How high and far was Yeshaya's vision that at a time when the nations were deeply involved in the world of idol worship, he prophesied of a time when they will all believe and worship one G-d. Furthermore, Yerushalayim, "the place which Hashem shall choose," which the Torah describes as the spiritual center of the Jewish world, will turn into the spiritual center of all of humanity. =========================================================== P'ninat Mishpat - Ona'ah (Mispricing) - VI- Flaws in the Sold Item (II) We saw last time that the sale of a flawed object can, in certain cases, be nullified (bitul mekach) naturally (without a g'zeirat hakatuv), but only if the buyer was unaware of the flaw at the time of the sale. Even if unaware at that time, if the buyer continued to use the object after discovering the flaw, he can no longer demand bitul mekach (Shulchan Aruch, Choshen Mishpat 232:3), because he demonstrated that he still expects to remain the object's owner. When a flaw is severe enough to warrant return of the object depends on the standard practices of one's commercial setting (ibid.:6). In practice, some flaws that reduce the value by less than a sixth (the cut off rate by ona'ah) could cause bitul mekach based on market norms, whereas other flaws of more than a sixth might not cause bitul mekach according to the rules of mekach taut (misinformed purchase). However, even if the buyer keeps the flawed object, he still paid too much for a defective item. In some of those cases, the buyer can still nullify the sale or demand some of his money back based on the rules of ona'ah. The Rivash (Shut 403) discusses a case where one bought an animal carcass with the stipulation that the sale would be valid even if it turned out to be treif, and it turned out that the animal had been slaughtered improperly. He rules that there is no mekach taut (as treif does not include improper slaughter). However, the buyer can demand ona'ah payment (the price difference between kosher and non-kosher meat), and, if it exceeds a sixth, he can nullify the sale. An opposite phenomenon, where ona'ah does not apply but mekach taut does, exists in regard to objects to which the Divine decree does not apply. The gemara learns out from p'sukim that ona'ah applies to normal movable objects, not to land or other objects compared to land. However, if the price differential stems from a sufficiently severe, undisclosed flaw in the land, then the sale can be nullified (Shulchan Aruch, ibid.:3). =========================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) The Boundaries of Eretz Yisrael- II- Boundaries of Brit Bein Habtarim (II) (from Eretz Hemdah I;4:1) [We discussed that Avraham was promised the territories of ten nations, but Bnei Yisrael initially received possession of only seven of these.] Why didn't Bnei Yisrael receive the territories of all ten nations right away? The Mishne Lamelech says that the lands were intended specifically for Bnei Yisrael, but that they did not yet merit taking control. This was apparently not connected to a specific sin but to their spiritual standing. Chazal did say that Lot received lands because he did not divulge Avraham's secret to the Egyptians. However, this was not the reason to uproot Bnei Yisrael's claim, but explains why the Sons of Lot, not other nations, received the land that Bnei Yisrael were not ready for. How does this approach, based on Rashi, deal with the pasuk: "To your offspring I have given this land [of the ten nations]" (Bereishit 15:18)? Rashi explains that it was considered given already, because Hashem's promise is as if done. Rashi cannot explain that the present of all the land took force immediately, because the giving of the last three lands was intentionally delayed. The Ramban has a different approach. He understands that possession of the eastern bank of the Jordan by the Sons of Lot (Ammon and Moav) and Eisav was a fulfillment of the Divine promise to give the land to Avraham. After all, Eisav was Avraham's grandson and Lot received a portion of Avraham's land because of the favor Lot did for him. The territories of Keini, K'nizi, and Kadmoni, were given through Avraham to Ammon, Moav and Eisav. Thus, according to the Ramban, the immediate giving of the land to Avraham was literal in regard to all ten territories. The lands were divided among Avraham's direct and indirect descendents with his main inheritor, Bnei Yisrael, receiving the land of seven nations. An argument of the Ramban with the Rambam can be understood within this context. The Ramban (end of Sefer Hamitzvot, Mitzvot Lo Ta'aseh) takes the Rambam (Shoresh 3) to task for saying that the prohibition to take the land of Ammon, Moav, and Eisav was temporary. The Ramban says that "yerusha" (inheritance), describing these nations rights to the land, implies something permanent, and so must the prohibition be permanent. This is logical, as the Ramban holds they received the lands as an inheritance through the Divine promise to Avraham. Only when these nations ceased to exist as national entities, when Sancheriv mixed up the nations, did the prohibition cease to exist in practice. =========================================================== Ask the Rabbi Question: If a brit milah is delayed because of illness, and the baby becomes well at a time when it is not Convenient to make a brit, may one delay it for a few days? Answer: As you are aware, the time to do the brit mila is on the eighth day, but it is not always possible to do it then. After that time, there are several reasons to do the brit as soon as possible. A simple reason to do the brit promptly is the rule, z'rizin makdimin l'mitzvot (the diligent do mitzvot promptly) (Pesachim 4a). Promptness is a relative term, and its application depends on the degree of gain and delay. For example, if one has a choice between using a questionably kosher or qualified mohel right away or waiting a few days for a qualified one, one waits (see Da'at Kohen 138). In contrast, one shouldn't delay a brit to enable a more lavish or better-attended brit. The complication regarding a delayed brit is in determining what a significant delay is. A regular brit has the cut off point of sunset of the eighth day (some poskim say that one should make efforts to have it no later than midday- see Otzar Habrit 3,5:9). Here, by contrast, there is no specific day, as the mitzva needs to be done some time during one's life, the sooner the better. The Noda B'yehuda (II, 156) was asked about someone who wanted to wait for the upcoming Erev Pesach in order to allow first-borns to eat, and he vehemently opposed the idea. One should realize that there is more of a problem to delay a brit than to delay other mitzvot. Usually, positive mitzvot are required opportunities to do something positive, and as long as it's done, it's done. However, brit milah, in addition to being a positive mitzva, removes the status of arel. That status, which causes major, spiritual and halachic, negative ramifications (including karet), should be removed as soon as possible. For this reason, the Magen Avraham (249:2) allows the brit and seuda for a delayed brit to take place on Erev Shabbat, whereas one could not do the same for a delayed pidyon haben. The D'var Avraham (I, 37) went as far as to say that a mohel who must choose whether to do an eighth day brit or a delayed one first should choose the delayed one. This is because his orlah has to be removed immediately, while the eighth-day baby has until the end of the day. Few poskim agree with the urgency to save minutes by the delayed brit, as long as the matter is in the process of being taken care of (Gilyon Maharsha, YD 260; see Tosafot Pesachim 29b). However, there is a consensus that the delayed brit should be done on the first possible day, barring unusually difficult circumstances (see Noda B'yehuda, ibid.). Although it is proper to make the seudat mitzva on the day of the brit (Shulchan Aruch, YD 265:12), it is better to have the seuda on a later day than to delay the brit (see Pitchei Teshuva, ad loc.). Be aware that a small, family meal can halachically be considered the seudat mitzva. ********************************************************************************************************************************************* 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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