Parashat Shavua

Hemdat Yamim Parashat Tazria 5763

Hemdat Yamim Parshat Tazria 5 Nisan 5763 ======================== 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. ============================================= The Naming of a Free Slave / Harav Yosef Carmel In the beginning of our parasha, the Torah repeats the commandment of brit milah (Vayikra 12:2-3). The importance of the mitzva of milah finds expression within halacha but also within Jewish society, historically. The gemara (Shabbat 132a) learns that the milah must be done on the eighth day even if it falls on Shabbat, one of only a handful of situations where one can push aside the laws of Shabbat. Milah is one of only two mitzvot, where failure to perform the mitzva is punishable by karet. From a historical perspective, milah has been strictly followed by the Jewish people throughout the generations. This is in line with Chazal's prediction: "All the mitzvot that Yisrael gave up their lives to uphold during the times of royal decrees, like idol worship and milah, are still firmly upheld by them." But what makes milah so significant? Some say that milah symbolizes the idea of Jewish life based on sanctity and purity, explaining the part of the body that it is intended to improve. The Tur (Yoreh Deah 160) explains how it is unique among the otot (signs) that the Torah provides us. "It is unlike tefillin and tzitzit, which are not set in our flesh, and when we remove them, the sign departs. In contrast, milah is a sealed sign in our flesh. It testifies about us that Hashem chose us from all the nations, that we are His nation and flock, and that in all generations we are obligated to serve Him and tell of His glory." What is not clear from the reasons is the age-old custom to name the baby specifically at the brit. Let us suggest the following explanation. In past times when, unfortunately, slavery was still practiced, a slave would be branded on his body so that even if he escaped, all would know he was a slave. The Torah, which forbade acts of cruelty, including to slaves, totally forbade making any signs that affected the body. In fact, one must send free a slave if he mutilated one of 24 limbs of the body. When a Jewish boy is born, we proclaim that he was born free, as there is no free man like one who accepts the obligation of Torah and mitzvot and is a servant of Hashem. The brit milah is our sign of being a servant of Hashem and not to other slaves (in other words, men) or to our desires. A slave does not need a name, as a number can suffice, because he is but an item on his owner's inventory. Therefore, during the ceremony of initiation as a "slave" in a manner that actually sets him free, we give a name showing that another free man has joined his comrades who left the "house of bondage in Egypt." ============================================== P'ninat Mishpat - Choshen Mishpat Elements of Mechirat Chametz During the days that have passed and those which will follow, many of our readers will be taking care of mechirat (sale of) chametz. We would like to take the opportunity to review some of the many Choshen Mishpat (laws of commerce) elements of the topic. 1) Agency, not sale- The rabbi is appointed as an agent by the homeowner; he does not buy the chametz. Were the rabbi to suffice by buying the chametz, even if he desired to do so, the sale would only apply to the chametz which was already in the homeowner's possession at that time. Just as one cannot make a transaction to sell an object which does not yet exist in the world, so too one cannot transfer something which is not yet in his possession even though it is in the world (Shulchan Aruch, Choshen Mishpat 209:5). Not only does such a transaction not take place immediately (which is obvious), but it cannot even take effect as of the time that the object enters the "seller's" possession. 2) Means of creating agency- Perhaps that which makes people think the rabbi does buy the chametz is the fact that he performs a kinyan sudar (an act of acquisition utilizing the transfer of a utensil, often a handkerchief or pen) with the homeowner. In truth, one does not need a kinyan sudar to become an agent (ibid. 182:1). The reason the rabbi does so is to strengthen the appointment, as the Rambam suggests (Mechira 5:11-13). The homeowner also signs a form of authorization, which, although not needed, also strengthens the agency and the subsequent sale, by making it difficult for the homeowner to deny his authorizing the sale (Mechirat Chametz K'hilchato 17:18)). It is possible that we do extra things to strengthen the process, because there are weaknesses in the transaction, including the fact that some look at it as a legal fiction. We compensate by adding procedures that will hopefully cause the seller to take the process more seriously from a legal, not only religious, perspective. ================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Shabbat as the Source of Hope for Redemption (condensed from Drashot L'y'mei Hapesach, pg. 21) The Beit Yosef (Orach Chayim 430) asks why only the Shabbat before Pesach is called "Shabbat Hagadol." After all, the miracle that Bnei Yisrael prepared the Pascal sacrifice without reprisals from the Egyptians applied to all the days from the 10th of Nisan until Pesach. It appears that it is not the revealed part of a miracle that is its essence, but specifically its hidden part. It was not that one famous Shabbat which was the critical factor in the redemption, but all of the Shabbatot during the enslavement in Egypt which were so critical. Shabbat, in general, gave Yisrael the greatness to enable the redemption to take place. "They had scrolls in their hands from their forefathers, which they would enjoy looking at from Shabbat to Shabbat, for on Shabbat they would rest" (Shemot Rabba 5). This midrash contains the secret to the connection between Shabbat and redemption. It is true that the Egyptians used great cunning to enslave Yisrael, not only physically, but also psychologically. But after centuries of toil to uproot any thought of freedom, the nation threw off the bonds of slavery as soon as they heard of the news of upcoming freedom. From where did that strength come? It came from the encouragement and belief engendered in Shabbat. The gray days of the week are days where one may be subjugated to disgrace and ridicule. The back may bend over due to physical exertion and a breaking of the spirit. But with Shabbat comes rest, not just physically but spiritually. Together with candles lit in honor of Shabbat, the candle of the spirit rises up within the body of the slave. The light hints, and the light reminds. It reminds one of the days of his youth and the words of his parents about a distant, yet glowing, past. It recalls the life in the Homeland and gives hope for a better future. As the bonds on the sprit begin to loosen, the back straightens and the eyes light up with a feeling of hope and belief in the redemption and the future. Indeed, in Egypt, a father would whisper on Shabbat in the ears of his son the two magical words, "pakod yifkod," Hashem will most assuredly remember and redeem us. During the week, one could characterize the difference between the Jews and the Egyptians as, "these are idol worshippers and those are idol worshippers" (Shemot Rabba 21). However, "whoever observes Shabbat properly, even if he worships idols like the generation of Enosh, they are forgiven" (Shabbat 118b). Shabbat includes a special power which is a death blow to idol worship, as it contains belief in the Creator of the world. It also gives a person an understanding of what he is living for, that his purpose in life is world justice. He can look at the Egyptian oppressor as what he is, one who rules through the power of impurity and evil. The oppressed are those who possess the purity of the heart. He need not be jealous of the Egyptian's strength but should react with disdain at the oppressor. It was years of Shabbatot that gave Bnei Yisrael the fortitude to take on the idol worship of Egypt. It finally found expression on that great Shabbat, when they took the sheep, which represented Egyptian idolatry, and prepared to slaughter it in front of their eyes. Shabbat gave them the belief that they could break out from the oppressor and his idolatry. ================================================= Ask the Rabbi Question: We have a minyan for Mincha at work. Although there is a set time for the minyan, most of the members come from different buildings and tend to come later, so as not to wait until the minyan forms. As a consequence, the actual formation time of the minyan becomes delayed unpredictably. One solution that has been raised is to establish a solid deadline of, say, 5 minutes after the nominal minyan gathering time, after which the minyan would be abandoned for that day. That would pressure people to make it on time. Is it halachically permissible to set such a deadline, or is it required to wait until it's clearly hopeless? Answer: This is a hard call to make, as much of the question is psychological. What will make this group of people come on time, and what will cause it to disband? We cannot judge that from here. There are also pertinent factors that are not clear. One question is how many people will find a minyan at a different time or place. This is only one factor. It is not against halacha to set a time for the minyan, even if it means that some will miss a minyan altogether. Just as you are not required to wait for a few stragglers after a minyan has arrived, so you do not have to wait for 10 stragglers. If people cannot "get their act together" then they will have to make personal decisions as to where they will find a minyan. It is also possible, as you suggest, that by abandoning the minyan a few times, you will actually enable more people to daven with a minyan more consistently. Regarding how much time to expend getting to a minyan and waiting for its formation, the apparent amount of time is 36 minutes, not including the davening itself (see Shulchan Aruch, Orach Chayim 90:16-17, which can be applied here in different ways). On the other hand, there are times that a person simply cannot afford that much time, which brings us to our next point. The most prominent variable to consider is whether the time that is wasted by waiting is people's personal time or time that is "borrowed" from work. Certainly, halacha is very strict regarding not wasting an employer's time. In our specific context, the Shulchan Aruch (ibid. 110:2) says that a hired worker should say a shortened Shmoneh Esrei if his employer does not want to extend his break. The Mishna Berura (ad loc.) adds that he cannot take out the extra time to daven with a minyan without his employer's permission. Thus, if the time waiting causes people to be missing longer than they are allotted, it would be wrong to wait unless the time can be made up in a way that is acceptable to his employer. One should be extra careful not to contribute to creating an impression that religious Jews have a tendency of disappearing from work for extended periods of time, which is a serious chillul Hashem. If the waiting time is on free time, then there is more reason to try to be flexible and forgiving to stragglers, unless this is counterproductive. One could even think about some worthwhile, creative solutions. One would be to start group learning (something which lends itself to starting and stopping on short notice) or at least having learning materials available. This way the waiting time can be productive, and hopefully will encourage people to come earlier and/or be less agitated when waiting for stragglers. If the situation warrants it, you could arrange matters that if the minyan gets together on time, then you do a full chazarat hashatz, and if it is late, then you will do a shortened one. This is a little dangerous if the minyan's longstanding minhag is to do the full one, and it is phased out because of negligence. We cannot judge from here if the situation warrants the risk. 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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