Parashat Shavua

Hemdat Yamim Parashat vayikra

Hemdat Yamim Parshat Vayikra 3 Nisan 5762 ********************************************************** This edition of Hemdat Yamim is dedicated to the memory of R' Meir ben Yechezkel Shraga Brachfeld o.b.m. ********************************************************** It Takes Two [Steps] to Get Atonement / Harav Yosef Carmel Our parasha finishes off with the korban (sacrifice) known as asham g'zeilot (guilt offering for theft). A look at some laws and descriptions of this korban will shed some new light on the way we approach the different categories of sin. The Torah describes the sin as, "Should a soul sin and commit a breach against Hashem and lie to his friend about an entrusted object..." (Vayikra 5:21). It is fascinating to note that the sin of theft, in its different forms, a classic example of "bein adam lachaveiro", a sin between man and man, is described first and foremost as a breach against Hashem. Yet the Torah does not just allow a person to bring a korban and "appease" Hashem. Rather, before he can bring the korban, he must first right the wrong to his fellow man. Therefore, the Torah places the requirement of, "He shall return the theft which he stole..." followed by, "he shall bring his guilt offering to Hashem" (ibid.: 23,25). If the korban was brought before the theft was returned, the thief did not fulfill his requirement regarding the korban (Bava Kamma 110a). We also find that that he who withheld his friend's property and swore falsely about it must go as far as necessary in order to track down the victim and return that which is coming to him. This is in keeping with the absolute requirement to "return the theft" without exceptions or, as the gemara (Bava Metzia 55a) says: "Someone who stole a peruta worth and swore falsely about it, has to bring it to his friend even to Madai, if necessary." Another stringency is the need for the sinner to personally return the object to the victim. He may not send it with a shaliach (agent) or to the other's shaliach. This is in the line with the Torah's instructions, "to whom it belongs he should return it (ibid.:24; see Sifra, Vayikra 13). Keeping the above in mind, let us revisit the famous statement of R. Elazar ben Azarya. "'From all your sins before Hashem shall you be purified'- on sins between man and G-d, Yom Kippur brings atonement; on sins between man and man, Yom Kippur does not atone until one appeases his friend" (Yoma 8:9). The appeasement of the friend is needed to receive atonement on the"bein adam lachaveiro", element of the sin. Then Yom Kippur can deal with the "bein adam lamakom" element. ======================================================================= P'ninat Mishpat - Ketuba - Introduction A ketuba is most commonly, and relatively accurately, translated as a marriage contract. A contract implies that two sides agree to certain terms of engagement (no pun intended), and this is only partially true by a ketuba. A contract is also a written document (as, indeed the root of the word "ketuba" implies) but, again, this is only partially true. There are several monetary obligations which affect the husband and at least one which obligates the wife based on Torah and/or rabbinic law whether or not the sides agree or anything is written. These are called t'nai or "t'nai beit din" or "t'nai ketuba." The direct sum of money (as opposed to more general obligations without dollar (or zuz) value) consists of three parts of the ketuba. The first is the ikar haketuba (the main part). This is the minimum amount that every husband must obligate himself to pay to his wife upon termination of the marriage. The second is the tosefet ketuba (additional amount) which the chatan may (and as a rule, does) add on to the minimum sum. The third corresponds to the "n'dunya" (dowry), whose value is estimated in a specific way (usually a set amount) and added to the obligation. ======================================================================== Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) The Rambam's Opinion on "Bal Yeira'eh, Bal Yimatzei" (excerpts from Chavot Binyamin, siman 32) [This is a difficult piece. Try the longer original as well.] The Rambam (Chametz U'Matza 1:3) states that one usually is not "chayav malkot" on "bal yeiraeh u'bal yimatzei" (=bibi) because it is a "lav she'ein bo ma'aseh", but if one actively bought or made "chametz" on Pesach, he would get "malkot." The Mishna Lamelech (ad loc.) asks that since "bibi" is "nitak l'aseh", ("removed" by a subsequent positive action), there should not be "malkot." The Mishne Lamelech's editor quotes the Dvar Shmuel that the Rambam's halacha applies when one acquires "chametz" on the seventh and last day of Pesach which falls on Shabbat. In that case, he cannot burn the "chametz" or crush it into pieces, as required (Pesachim 21a), and therefore the "lav" cannot be repaired. If the seventh day fell during the week, one could burn the "chametz." Even though one who inadvertently finds "chametz" in his home need not and cannot burn it on Yom Tov (Shulchan Aruch, O.C 446:1), one who purposely violated "bibi" on the last day would be permitted to burn it on Yom Tov as it is a "tzorech hayom" to "fix up" the "lav." [After much discussion, Rav Yisrael concluded that] the Dvar Shmuel is difficult since one should be able to indirectly (to avoid muktzeh) throw the "chametz" into the sea or toilet and fulfill the positive commandment which eliminates the "malkot." The correct explanation of the Rambam seems to be along the lines of R. Chaim of Brisk (ad loc.). First, some background. R. Yehuda rules that "chametz" must be destroyed by fire, whereas Rabanan say that it can even be crumbled into small pieces and/or thrown to the sea (Pesachim 21a). The Tur rules that, according to Rabanan, the remains of "chametz" are forbidden, and, according to R. Yehuda, they are permitted. R. Akiva Eiger asks that since by "chametz", Rabanan feel that "burying" the "chametz" fulfills the mitzva, then what difference does it make whether it is burnt or reduced to insignificant remains in another way? R. Chaim answers that R. Yehuda and Rabanan have very different approaches to the mitzva of "tashbitu" (ridding oneself of "chametz"). R. Yehuda understands that there is a positive mitzva to destroy "chametz" (through fire). Fulfillment of the mitzva changes the status of the remnants and knocks off the "lav" of "bibi". According to Rabanan (and halacha), "tashbitu" is accomplished passively (by the "gavra") by ensuring, through any means, that no significant "chametz" remains. Since no positive commandment devolves on the object (cheftza), its status does not change and there is no positive commandment to uproot the "lav." While R. Chaim answers the Rambam well, it appears that R. Akiva Eiger's question on the Tur who follows the Rosh remains. The Rambam posits that "tashbitu" may be done by nullification of the "chametz" in the owner's heart. This concept is the same on Pesach, although practically, there is a need for physical means. However, according to the Rosh, the mitzva is on the "gavra", to be a person who enters Pesach without "chametz" in his possession. When Pesach comes, the active mitzva of "tashbitu", which includes positive activity, kicks in. From that point on, R. Yehuda and Rabanan agree that the nature of the mitzva is positive and, therefore, it should bring about a change in the remnants of "chametz" and knock off the "lav" of "bibi." ======================================================================= Ask the Rabbi Question: We plan to spend all of Pesach with family. Do we still need to clean for Pesach and do bedikat chametz at our home or our hosts? Answer: This response assumes you will not be going home during Pesach and that you realize that it isn't a detailed account of your Pesach preparations. Please do not make inferences from what we left out. People are used to mechirat (sale of) chametz for the chametz itself, including the area of the home where the chametz is located, but not for entire homes. In truth, those who will be away may "sell" their house, making a full cleaning and bedika (checking) unnecessary. Just as one does not have to destroy chametz which he has sold and no longer owns, so too, he need not check a house which is no longer under his control. Some people have the minhag not to rely upon mechirat chametz because of the problems involved in it (one of which is that it may appear fictitious) and because many people are not significantly affected financially by the need to dispose of their remaining chametz. In some ways, our issue is more lenient and in some ways more strict (this forum does not allow for a full discourse). The desire to avoid many hours of back-breaking work (some of which might be halachically unnecessary in any case) is reason enough for many to want to use a legitimate, halachic device. There are two problems unique to this type of sale. First of all, while most people can seriously sell $100 of chametz and live with the possibility that the non-Jew will not sell it back, who would sell their house to avoid checking it thoroughly for chametz? Thus, selling the house raises questions about the seriousness of the transaction. In Israel, there is an additional problem of selling land to non-Jews. Therefore, it seems preferable to rent the house out for Pesach, rather than sell it. Another issue is the timing. It is important to sell chametz before it becomes forbidden, which is late morning of Erev Pesach. In contrast, the obligation to check the house begins on the previous night. There is a machloket if the fact that you plan to sell the next day is sufficient to exempt from bedika that night (see Mishnah Berurah 436:32). (Remember, your dealing with the rabbi is not the sale but the appointment of the rabbi as an agent). The Chatam Sofer (Orach Chayim 131) says that it is sufficient to check one room the night before leaving to fulfill the obligation of bedikat chametz. It is best to find a rabbi who does an early sale or rental (before the night of bedika- some call it a "mechirat yud gimmel") for this purpose. The rabbi, upon being aware that this is not the standard type of sale, should be able to guide you about other issues regarding your situation (which is difficult in this forum). Since bedika is the homeowner's responsibility, you do not need to join your hosts for it. 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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