Parashat Shavua

Hemdat Yamim Parashat Yitro

Hemdat Yamim Parshat Yitro 22 Shevat 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. =================================================== Steadily and Surely / Rabbi Macy Gordon In the dramatic description of the historic events at Mt. Sinai, lies hidden away in the very last pasuk of this week's Reading (Shemot 20:23) a rather banal and seemingly irrelevant commandment. It teaches that when Israel builds a sanctuary and its furnishings, there is to be an altar for sacrifice. The commandment specifies that the altar may not be ascended by stairs, but by a ramp. Many of our readers, who have seen museum models of the appurtenances of the Mishkan or of the Temples, will have noticed that a long ramp leads up to the altar, which was much taller than a person's height. The reason given in the pasuk is so that nakedness not be exposed to the altar. The priestly vestments were such that a kohen spreading his legs to take a big step up on stairs would breach the proper level of tzeniut in regard to the altar. The late Israeli scholar, Rabbi S.Y. Zevin, gave an additional, deep reason for the choice of a ramp rather than stairs. What is the difference between steps and a ramp as means of ascent? There is more to it than speed of ascent or accessibility to the handicapped. Stairs are level. Although each step takes more effort, one can ascend a few stairs, and if one tires, one can comfortably stop and rest before continuing the journey upwards. On a ramp one need not take big steps, but one's feet must always be tensed to maintain balance on the slope. There is no "resting" on a ramp without exerting effort. If you place a ball on a stair it will stay exactly where it is. If you place a ball on a ramp, it will roll down unless it is constantly being pushed upward. This idea is particularly significant when one climbs the altar of G-d, sacrificing certain comforts or ideas to fulfill His mitzvot. We have been blessed in our day with many who have sought out G-d, coming to Torah Judaism on their own, by climbing a very steep incline in their personal lives. The altar teaches us that there is no stairway to Heaven. There is no place to rest even if one has taken big steps. While one doesn't have to take giant steps or leaps at once, one cannot rest on some plateau in religious life or in Torah observance. As on a ramp, one ascends by steps suited to one's individual ability, but the tension to move up must always be there. One who takes too long a rest or tries to stay stationary will inevitably fall back. "Becoming observant" is a difficult life's work. There is no better example than Yitro, for whom this week's Reading is named. But the final lesson in this Reading is, "Don't go for big leaps and try for everything all at once; don't use stairs, and certainly not two or three stairs at a time. A ramp is better. But at the same time, no rest stops. Your direction should always be upwards or you will find yourself falling back." It is a beautiful message for the chozer b'teshuvah, but it shouldn't be lost on those who were raised religiously, as well. =========================================== P'ninat Mishpat - Distancing Damages- V- Encroaching on Another's Livelihood We have seen that even though we are concerned with the damage that one neighbor causes to another, we need to counterbalance the negative consequences of being overly restrictive on the "damagers" lifestyle. This concept of balancing helps explain other, related halachot. Within the discussion of damages among neighbors, the gemara (Bava Batra 21b) brings up the issue of opening a business, which is in competition to an existing one. One of the major factors that determines when it is or isn't permitted to open up a second business is if the owner of the new business is from the same area of the city (bar mavo'ah). Since when is one neighbor allowed to steal from or damage his friend, while a more distant person cannot? The Yad Rama (ad loc.) explains that in addition to the first business owner's concern for maintaining his livelihood, there is a counter concern that other neighbors have an opportunity to make a living. If the first one to open a business gets a monopoly, then others will quickly run out of options. In contrast, people from other areas can be instructed to exercise their natural option, which is to open their business either in a place where such a business does not exist or in their own area. Other local concerns are addressed, as well. The Rama (Choshen Mishpat 156:7) rules that if a merchant is providing an inferior product or charging a higher price, then an outsider can come in to compete. It is not fair that one person's rights to livelihood should overpower the community's rights to receiving the right products and services at the right price. ============================================ Moreshet Shaul (from the works of Hagaon Harav Shaul Yisraeli zt"l) Organ Donations - Part VI- The Status of the Family (from Chavot Binyamin, siman 109) [This is the last installment of our translation of Rav Yisraeli's article on organ donations. We again stress that those who are interested in the topic should see the article in the original, as well as the works of other poskim.] Let us deal with the status of the family of the deceased regarding permission or opposition to the organ transplants from his body. We have sources that demonstrate that a person's family is harmed by the embarrassment and disgrace of their relative (e.g.- Bava Kama 86b, in regard to someone who was disgraced while sleeping and died; ibid. 93a; Sanhedrin 75a). We also have sources that members of the family are disgraced by a disgrace done to their deceased relative (see Tosafot, Sanhedrin 46b) and that relatives are commanded to deal with the burial. It is clear that even though the monetary obligation to pay for burial expenses is on the inheritors (and only when there is an inheritance), the obligation to be involved in the burial is on other relatives, as well. Therefore, the relatives have a special status in regard to taking organs and other parts of the deceased in the case that these donations from the deceased are needed for transplantation, in a way that there is the saving of a life in Yisrael. (See Mishne Lamelech at the end of Hilchot Avel, on the mitzva to bury even a small piece of the deceased). Because of this, the relatives can appear as parties to deliberations, and even to prevent use of the organs of the body of the deceased if he showed explicit opposition to it when still alive. However, in a case where the donor agreed to the donation, or even where there is a reasonable presumption that he would have agreed if had he been asked, because of the great importance of saving a life, there is no value in the opposition of the relatives. Even if there is no way of knowing what the deceased would have wanted, the family is obligated to agree to use of the organs of the deceased. The mitzva to save lives overrides the mitzva to bury that applies to these organs (see Igrot Moshe YD II, 174, at the end of the responsum). The relatives should continue to deal with bringing the rest of the body to burial. ============================================ Ask the Rabbi Question: Is it a good idea to change the name of a person who is very sick, and how does one go about doing it? What are the long-term implications of this change? Answer: The minhag to change the name of a very sick person is an old one, which is approved of by the Shulchan Aruch (Even Haezer 129:18) and Rama (Yoreh Deah 335:10). The rationale behind it is found in the gemara (Rosh Hashana 16b) that one of the things that can "rip up" the harsh decree of a person is changing his name. However, the step of changing a name should not be taken lightly, as a person's name could have not only psychological importance to him, but could actually be the source of spiritual strength and longevity for him, as well. Therefore, great rabbis who have a special expertise in and sensitivity to the more hidden world of the Torah should give approval to such a decision. For the reason we have mentioned, we also have the practice not to uproot the old name but to add on another name before the old one. (The practice of having double names is itself hundreds, not thousands of years old.) The name is changed in a "ceremony" done with a minyan, which starts with the recitation of several perakim of Tehillim, and includes a special "Yehi Ratzon." This is found in some complete siddurim or Tehillim books. We have brought the order of the ceremony with the differences between the Ashkenazic and Sefardic communities in Bemareh Habazak IV, pg. 44. The idea of the change is not to be ceremonial alone, but it is supposed to represent an actual change in the name. While it is not forbidden for a person to use a name other than the one he was given at his brit, the official name should be the new one. This has weighty consequences if the person gives a get (see Shulchan Aruch, Even Haezer 129:18 and the responsa found in the Chelkat Mechokek, ad loc.). It also affects how the person is called to the Torah, how a "Mi Shebeirach" will be said on his behalf, and how he should be referred to in death, whether on a tombstone or in memorial services (Gesher Hachayim I, pg. 31). The main requirement to make the change of name permanent is that the sick person becomes well. (Obviously, we cannot know if his improvement was a result of the name change, but that possibility was the rationale for making the change). He must recuperate to the point that there was an assumption held for at least 30 days that he recovered (ibid.). Otherwise the original name reverts back to use at death. ============================================= 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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