How Much For Twins? - Bechukosai 5773

At the end of Parshas Bechukosai we have a Parsha regarding a Bechor and in 27:26 we read (אַךְ-בְּכוֹר אֲשֶׁר-יְבֻכַּר לַירוָר, בִּבְהֵמָה--לֹא-יַקְדִּישׁ אִישׁ, אֹתוֹ). The Torah tells us you can't take a Bechor and turn it into a Korban Shelamim, turn it into a Korban Olah, turn it into any other Korban because once it is a Bechor you can't be Makdish it. From this the Mishna in Maseches Temurah at the beginning of Perek 5 learns (כיצד מערימין על הבכור: מבכרת שהייתה מעוברת, אומר מה שבמעיה של זו, אם זכר, עולה--ילדה זכר, יקרב עולה; ואם נקבה, זבחי שלמים--ילדה נקבה, תקרב שלמים. אם זכר, עולה, ואם נקבה, זבחי שלמים--ילדה זכר ונקבה--הזכר יקרב עולה, והנקבה תקרב שלמים) only once the Bechor is born you can't turn it into a Korban. When the Bechor is still in the mother's womb a person can turn it into a Korban. Therefore, the Mishnah says if a person is going to have an animal that is a Bechor born to him he is going to have to give it away. If he desires he can say Im Zachar Olah, I am Makdish this animal in its mother's womb, if it is a male animal it should be a Korban Olah. Then he can be Yotzei his obligation or his Nedava to bring a Korban Olah. That is all part of the Mishna.

Now, let me share with you a Shaila in the Teshuvas Maharsham Cheilek 5 Teshuvah 42 and it is quoted here in the Ha'arev Na on the Parsha. A person wanted very badly to have children. He made a Neder. The example that is brought is that he swore to HKB"H that if Hashem gives him a son he will give $36,000 to Tzedakka. If Hashem gives him a daughter he said he would give $18,000 to Tzedakah. Apparently he wanted a son more than he wanted a daughter. Maiseh Shehaya Kach Haya. He said if I will have a son I will give $36,000 to Tzedaka and if I have a daughter I will give $18,000. His wife Boruch Hashem gave birth but gave birth to twins, a boy and a girl. He came to ask a Shaila, how much does he have to give? He only made a Neder to give either $36,000 or $18,000 does he have to give $54,000? What is the Halacha?

Said the Maharsham lets go back to that Mishnah in Maseches Temurah. You have this man who was trying to turn a baby in his mother's womb into a Korban. So the Mishna reads as follows. The man said (אם זכר, עולה--ילדה זכר, יקרב עולה; ואם נקבה, זבחי שלמים--ילדה נקבה, תקרב שלמים). If the baby is a male it should be a Korban Olah and if it is female it should be a Korban Shelamim. The Mishna says (ילדה זכר ונקבה--הזכר יקרב עולה, והנקבה תקרב שלמים) that if the animal gave birth to twin calves they are both Kodesh. The male calf is an Olah and the female is a Shelamim. From there the Maharsham learns the same thing here. He made a Neder if a male this and if a female that if they are both born you have to pay double. Ad Kan this is the Psak of the Maharsham and as I have said it is quoted in this week's Parsha by Rav Zilberstein in the Sefer V'harev Na.

When I read this I was troubled. There seems to be a logical difference between the two cases. In the case of the man making a Neder, he never intended to give $54,000 to Tzedakah in any event. He was either going to give $36,000 or $18,000. He never intended to give more. It is not the same as the man who has a cow that is about to give birth. He is not promising to give money from his pocket, he is saying if it gives birth to a male it is one type of Korban and if not then it is another type of Korban. Both are born. He does not have a greater expenditure of money if they are both Korbanos. After all, he was saying that whatever is born should be a Korban. If it is 1 then it is 1 Korban. If it is 2 it will be 2. There is no reason to say he never intended for both to be Korbanos. How can one compare that to this Shaila where the man promised not to give the baby that is born to Tzedaka but money from his pocket? He never intended to give $54,000 to Tzedaka. Therefore, this Psak while being beautiful Aggadata seems to have some flaw in its logic. If you have this Shaila, ask. I am not Paskening.

Reward In This World - Bechukosai 5773

In the beginning of Parshas Bechukosai we are told as it says in 26:3 - 4 (אִם-בְּחֻקֹּתַי, תֵּלֵכוּ) & (וְנָתַתִּי גִשְׁמֵיכֶם, בְּעִתָּם). We are told that there is Schar for doing Mitzvos. There seems to be a problem. The GRA in Mishlei 8:19 writes that even though there are some Mitzvos that are (שֶׁאָדָם אוכֵל פֵּרותֵיהֶם בָּעולָם הַזֶּה). There are Mitzvos for which there is Schar in this world as we say every morning (אֵלּוּ דְבָרִים שֶׁאָדָם אוכֵל פֵּרותֵיהֶם בָּעולָם הַזֶּה). Nevertheless says the GRA, it is better for Tzadikkim to put that Schar away for Olam Haba. I guess this is something like compound interest where you have the principal which is put away for Olam Haba and for the interest, the partial Schar which is available in Olam Hazeh. If a person puts away that Schar for Olam Haba as well, so then he has a larger Keren (where the Ribbis becomes Keren) the interest becomes principal and there is more for Olam Habah. At any rate, the GRA says B'feirush that it is Adif (better) for Tzadikkim to put away even that Schar for Olam Haba.

Rav Shteinman in the Ayeles Hashachar asks that if so, what is the (אִם-בְּחֻקֹּתַי, תֵּלֵכוּ) then (וְנָתַתִּי גִשְׁמֵיכֶם, בְּעִתָּם)? What is this great news that if we do Mitzvos we will get Schar in Olam Hazeh? In addition, asks Rav Shteinman, in Davening we say Sab'einu Mituvecha. We ask that HKB"H should give us Schar in this world. So he asks the same Kasha that it is better to put away the Schar for Olam Habah. Now if someone wants his Schar in Olam Hazeh he is entitled but why be Kovea, why set up Davening that way?

Rav Shteinman answers that there is a difference with Schar for the Yachid and Schar for the Rabbim. For a Yachid the GRA is right it is better for Tzadikkim to put away their Schar for Olam Habah. However, our Parsha is talking about Schar for the Rabbim. This is something we discussed in previous years. In the name of Rav Elchanan we know that in this world there is Tzadik V'ra Lo and Rasha V'tov Lo. There are individuals who might be righteous and suffer. (אִם-בְּחֻקֹּתַי) seems to say that if you are righteous then you have success in this world and if not you have failed in this world. We see that it is not that way. Rav Elchanan explains that the Parshios of the Torah and Neviim which talk about Schar in this world are referring to the Rabbim, the Klal Yisrael. When Klal Yisrael goes in the Ribbono Shel Olam's ways we have Hatzlacha.

So too says Rav Shteinman. That (אִם-בְּחֻקֹּתַי, תֵּלֵכוּ) refers to the Rabbim. Sab'einu Mituvecha refers to the Rabbim. Our Tefillos are Tefillos for the Rabbim. And so, this is an explanation of (אִם-בְּחֻקֹּתַי, תֵּלֵכוּ).

Rav Pam used to say a totally different Mehaleich in this idea. The same question that the Schar is better put away from Olam Haba. Why are there (דְבָרִים שֶׁאָדָם אוכֵל פֵּרותֵיהֶם בָּעולָם הַזֶּה)? Rav Pam would answer if I recall correctly by quoting a Gemara. There is a Gemara in Maseches Eiruvin 28b (3 lines from the top) that says (ר' זירא כי הוה חליש מגרסיה הוה אזיל ויתיב אפיתחא דרב יהודה בר אמי אמר כי נפקי ועיילי רבנן איקום מקמייהו ואקבל בהו אגרא) Rav Zeira when he was weak and wasn't able to learn he would sit by the doorway of the Bais Hamedrash. Why? So that when Talmidei Chachamim would come and go he would stand up for them so that he should get Schar. So the Gemara says that when Rav Zeira was too weak to learn he would sit near the Bais Medrash and stand up for Talmidei Chachamim to get Schar. The question is to get Schar? A person is not supposed to do Mitzvos to get Schar. A person is supposed to do Mitzvos Lishma. Rav Zeira, the great Rav Zeira doing it for Schar?

Rav Pam would answer there are two types of Schar. There is a Schar which is physical pleasure in this world. A person should not do Mitzvos for the Schar of having pleasure or having Hatzlacha anywhere, not in this world and not for Olam Habah. Doing it for your own pleasure that is not right. However, there is a Schar which enables a person to serve HKB"H better. The Schar for a Mokir Rabbanan, someone who shows Kavod for Rabbanan is Yir'as Shamayim. So Rav Zeira said let me stand up for Talmidai Chachamim and in that way I will get the Schar L'kabeil Igra, I will get more Yir'as Shamayim. Anytime Schar is a tool in Avodas Hashem it is desirable, it is Lishma to do things for that purpose.

So too says Rav Pam, when we ask for Schar, when we say we want to be (אוכֵל פֵּרותֵיהֶם בָּעולָם הַזֶּה) we are talking about a Schar which enables us to serve HKB"H better. A Schar which gives us Menuchas Hanefesh to serve HKB"H. Parnasa Kala V'nikiya (easy). Not easy because we are lazy but because it should leave us with a mind that is clear, with a happy Neshama to be able to sit and learn. So that the desire for (וְנָתַתִּי גִשְׁמֵיכֶם, בְּעִתָּם). So that we should be better Ovdai HKB"H.

Yom Hameyuchas - 5772

This next week features Rosh Chodesh Sivan on Tuesday. Thursday, Friday, and Shabbos are the Shlosha Yimai Hagbalah, the three days of preparation. Between them on Bais Sivan, Wednesday, is a day known as the Yom Hamiyuchos. I would like to share with you an explanation of what is special about Yom Hamiyuchos. This is only one aspect of it but an important aspect nevertheless.

When it comes to things that have holiness, Kedusha, there are two types of Kedusha. One of them is called Kedushas Haguf something that is inherently Kodosh, such as a Korban an animal that is going to be sacrificed on the Mizbaiach. That animal has an inherent Kedusha. There is something else known as Kedushas Damim. Something that has a Kedusha for its value. If one were to take a piece of gold and donate it to the Bais Hamikdash.It would become an object of Kiddushas Bedek Habayis which means something which is holy for its value. Gold is not offered as a sacrifice in the Bais Hamikdash. Now of course there is a major difference. A Korban which has Kedushas Haguf (which is inherently Kodosh) remains Kodosh. If one tries to redeem the value of the animal onto money if it is a Korban it doesn’t work. If you try to transfer the Kedusha from one animal to another it doesn’t work. Something that is inherently Kodosh remains Kodosh come what may. Kedushas Damim on the other hand is something which is not inherently Kodosh. Its value is Kodosh. You can be Podeh it you can redeem it on something else. The Kedusha is not inherent in it, it is a description of it, it is an aspect of the designation of this gold or this money for use in a certain way. The gold or the money itself is not inherently Kodosh. One is called Kiddushas Damim, Kedusha of its value, lacking in inherent Kedusha. One is called Kedushas Haguf something which is inherently Kodosh.

Regarding human beings we find in the Torah two types of workers, one is a Poel a hired hand. One is an Eved, a slave, a servant. This difference, the Eved is inherently somebody who is Mishubad who is obligated to his master. A worker has no inherent obligation to his master. It is an adjective. There is something about him that happens to be true and that thing that happens to be true is that he is working for somebody. It is not an inherent part of who he is. He is perhaps a father, a son, a husband, a friend. He also works, it is not inherent. An Eved, his Guf is him. That is who the person is.

Coming back to the Yom Hamiyuchos. On Yom Hamiyuchos HKB”H said to the Jewish people as it says in Shemos 19:5 (וִהְיִיתֶם לִי סְגֻלָּה מִכָּל-הָעַמִּים) Vihiyisem Li Segulah Mikol Hoamim. You are different than the other nations. That means even if the other nations accept to do the things they are obligated to keep the Sheva Mitzvos and they will go to Olam Habo because of it. Nevertheless you are different than them in a number of ways. Klal Yisrael is not just different in the number of Mitzvos, 613 for Jews as opposed to 7 for non-Jews. Klal Yisrael is different in its Eichus, in its quality. (עֲבָדַי הֵם) Avadai Heim it says in this week’s Parsha in 25:42. Jews are Avdei Hashem, an Eved has Kedushas Haguf. He is inherently tied to his master. The Yom Hamiyuchos is a day on which Klal Yisrael said Naaseh V’nishma. Naaseh V’nishma means we will do whatever you say. When you hire a worker you tell the worker what the job is and he agrees to do it. That is a worker. When you purchase a slave the slave doesn’t ask what will I do. His entire being is tied now to the will of his master. Klal Yisrael by saying Naaseh V’nishma, we are willing to do before we find out what the job is, Klal Yisrael accepted upon themselves Avodai Heim, the idea of being Avadim. A Jew is called a Bar Mitzvah somebody who is inherently, his being is somebody who is obligated in Mitzvos.

Therefore on the Yom Hamiyuchos we take note with pride that Klal Yisrael are Avadai Heim, Avdai HKB”H. Unfortunately today there are some people, Orthodox people, Frum people, people who keep Mitzvos, some are Poalim for HKB”H they work for Hashem. Certain hours of the day they go to Shul certain hours of the day they eat perhaps in the Sukkah on Sukkos… but they are not totally Mishubad. Our job and our joy is when we are Avadai Heim, when we are Mishabeid our entire being to be Avdei Hashem. All day wherever we may be. If we succeed in that then we will not stumble.

Now That You've Asked II - Spiritual & Material Wealth - Behar - Bechukosai 5772

We find in Parshas Bichukosai before the Tochacha words of Chizuk the wonderful things that will take place as it says in 26:3 (אִם-בְּחֻקֹּתַי, תֵּלֵכוּ; וְאֶת-מִצְו‍ֹתַי תִּשְׁמְרוּ, וַעֲשִׂיתֶם אֹתָם). We find in reference to Shemitta as well a promise of good things happening as it says in 26:5 (וַאֲכַלְתֶּם לַחְמְכֶם לָשֹׂבַע). In the case of Shemitta many Meforshim ask the following question. Rashi says on (וַאֲכַלְתֶּם לַחְמְכֶם לָשֹׂבַע) that (אוכל קמעא והוא מתברך במעיו) that there will be a blessing that you will eat a little and you will be satisfied. 

The Meforshim question why is this Beracha necessary as after all we were already promised that if we keep the Shemittah that there will be an abundance of Tevua. There will be enough Tevua for 3 years. If so, why do we need (אוכל קמעא והוא מתברך במעיו) that we will eat a little and be satisfied, we will be wealthy and will have plenty of Tevua?

The usual Teretz something I believe that I said in previous years is something that was attributed to Rav Pam. That there are two types of Berachos, there are people who have to work more to have more and those people have the Beracha of having an abundance. There are people who are on a higher level and don't want to work more and like working less, for them there is a Beracha of (אוכל קמעא והוא מתברך במעיו).

This year I would like to share with you another Teretz from the Igros Moshe. Rav Moshe in the Igros Moshe in Yoreh Dai'a Cheilek 3 Siman 71 offers a different explanation. The question was if you are already going to be blessed with plenty then why is it necessary to be blessed with (אוכל קמעא והוא מתברך במעיו). Rav Moshe makes a very important remark. He says that even if a person is wealthy he is better off not changing his lifestyle, still living in a simple life. (אוכל קמעא והוא מתברך במעיו). Even though the person will have plenty of Tevuah, he will not need to spend that extra plenty. The small amount that he spends when he wasn't wealthy will be adequate for him. This is a very important Beracha. We live in a generation where more and more people have more and more assets and become wealthier and wealthier and they don't become happier. This is because as they become wealthier their lifestyle and needs change. Says Rav Moshe, even if you have plenty still (אוכל קמעא והוא מתברך במעיו) eat a small amount that you had until now and be satisfied and that is a true blessing. It is a challenge. When you find yourself saying that now I can afford this let me move up and get a fancier car or a fancier vacation, don't let it happen to you it is a trap. It is a quicksand trap. A trap into which a person sinks and strangely enough as he makes more and more money he finds that the money he has is less and less adequate for his needs. 

Right before the end of the Parsha we have the Mitzva of Maiser, giving 1 tenth of your sheep to the Bais Hamikdash as a Korban, separating every tenth animal whether it is sheep or other animals and giving it as a Korban to the Bais Hamikdash as is found in 27:32 (וְכָל-מַעְשַׂר בָּקָר וָצֹאן, כֹּל אֲשֶׁר-יַעֲבֹר תַּחַת הַשָּׁבֶט--הָעֲשִׂירִי, יִהְיֶה-קֹּדֶשׁ לַירוָר). Here we have a Halacha that Hoasiri Yiyeh Kodesh and even though the tenth animal is automatically Kodesh we have a Mitzvah to verbally state Kodesh as the tenth animal comes out and it is part of the Mitzvah of Maiser. 

Here again I would like to bring you an insight from Rav Moshe which can be found in the first volume of Darash Moshe. Rav Moshe says the lesson here is the following. When a person achieves a level of Kedusha it is very important for him to take notice of it. To note the Kedusha and to say Kodesh this is holy. When a person takes note of the fact that he is growing in Ruchniyos so then Mi Sheyaish Lo Mana Ratza Masayim. Someone who has $100 wants $200. Somebody who has a certain level of Ruchniyos will want more. Therefore, when a person becomes wealthier so to speak in Inyanei Kedusha things that have to do with holiness, a person should take note and verbalize it and realize what he achieved. With that he could move on. 

Rav Pam would say about Yeshiva Bacharim who are successful in their learning but don't see it. The way they see it they are a nobody. Rav Pam would say if you think that you are a nobody than the Bracha of Mi Sheyaish Lo Mana Ratza Masayim won't happen because you think that you are a nobody. So there is no way to want double of what you have if you think you have nothing. The importance here is to make the statement Kodosh this is holy. 

Take Rav Moshe’s 2 Vertlach together and we have an important lesson. The Vort on Parshas Behar says that as you gain more and more wealth, more and more material goods you should be careful to keep your old lifestyle. Don’t notice this that you have in an increase in Gashmios. His Vort on Parshas Bichukosai says that if it is a spiritual gain, if you are gaining spiritually make sure to notice it. Make sure to take note. Because of this Middah of Mi She’yeish Lo Mana Rotzeh Masayim, when it comes to spiritual things it is a wonderful thing. 

 

The Dual Purpose Of Exile - Bechukosai 5771

When we read the Tochacha or the words of the Neviim Achronim we understand that going into Galus was a punishment. It is something which comes because Klal Yisrael is not deserving. Devarim 29:27 says (וַיִּתְּשֵׁם יְ רוָר מֵעַל אַדְמָתָם, בְּאַף וּבְחֵמָה וּבְקֶצֶף גָּדוֹל; וַיַּשְׁלִכֵם אֶל-אֶרֶץ אַחֶרֶת, כַּיּוֹם הַזֶּה). Hakadosh Baruch Hu ripped Klal Yisrael off of its land in anger. Anger sounds like a punishment. Where as we say in this week’s Parsha 26:33 (וְאֶתְכֶם אֱזָרֶה בַגּוֹיִם) that I will scatter you amongst the nations. It certainly sounds like a punishment.

That doesn’t fit with the Baalei Machshava and in general in Torah She’bal Peh. That the Galus itself is purposeful and there is something to be accomplished in the Galus. As the Gemara says in Maseches Pesachim 87b (17 lines from the bottom) (ואמר ר"א לא הגלה הקדוש ברוך הוא את ישראל לבין האומות אלא כדי שיתוספו עליהם גרים שנאמר (הושע ב) וזרעתיה לי בארץ כלום אדם זורע סאה אלא להכניס כמה כורין ור' יוחנן אמר מהכא (הושע ב) ורחמתי את לא רוחמה). Klal Yisrael went to Galus to collect the holy souls among the nations of the world.

As Rav Tzaddok explains in Resisai Laila 84, it doesn’t only mean (גרים) people who convert, but even concepts or energy among the Umos Haolam. We go into Galus sort of to collect these things. The proof to that is that in the Bris Bain Habesarim Avraham Avinu is already foretold about the 4 Galuyos. According to this way of looking at Galus the Galus is purposeful and it is here for constructive reasons and not just a punishment.

That doesn’t fit well with the language of Torah She’b’chsav. For this we turn to Rav Schwab in the Halilukas of Pesukai D’zimra. He explains that Torah She’b’chsav is Middas Hadin and Torah She’bal Peh works with Middas Harachamim.

So to say in the Chumash it says in Parshas Mishpatim 21:24 (עַיִן תַּחַת עַיִן, שֵׁן תַּחַת שֵׁן, יָד תַּחַת יָד, רֶגֶל תַּחַת רָגֶל). An eye for an eye a tooth for a tooth. The Torah She’bal Peh says that is Middas Hadin which is what a person truly deserves, however, there is Middas Harachamim mixed in and therefore it is enough to pay.

In Parshas Ki Sai’tzai it says in 25:12 (וְקַצֹּתָה, אֶת-כַּפָּהּ) a punishment of cutting off a hand, and again the Torah She’b’chsav says cut off the hand while Torah She’bal Peh mixes it with Middas Harachamim and says to pay instead of cutting off a hand.

We find so too with the sins of Gedolei Olam of Klal Yisrael. Where the words of the Chumash say that Reuvain did one Aveira and the Torah She’bal Peh says no it is not quite the way it happened. So too with all of the Aveiras of the Gedolei Yisrael. The Torah She’b’chsav expresses it with Middas Hadin and Torah She’bal Peh is constantly a mixture of Middas Harachamim.

With this Rav Schwab explains that we say in Tehillim 149:8- 9 (לֶאְסֹר מַלְכֵיהֶם בְּזִקִּים; וְנִכְבְּדֵיהֶם, בְּכַבְלֵי בַרְזֶל לַעֲשׂוֹת בָּהֶם, מִשְׁפָּט כָּתוּב-- הָדָר הוּא, לְכָל-חֲסִידָיו:
הַלְלוּ- כָּהּ) That Hakadosh Baruch Hu will punish the Umos Haolam with (מִשְׁפָּט כָּתוּב) the written judgment. What is the difference if the judgment is written or not? He explains that the punishment there is with the Middas Hadin. That is called (מִשְׁפָּט כָּתוּב) the written judgment.

We find similarly by Amaleik in Shemos 17:14 (כְּתֹב זֹאת זִכָּרוֹן בַּסֵּפֶר) that the erasing of Amaleik has to be written in the Sefer. That is with Middas Hadin. So that The Torah She’bal Peh is the mixture of Din and Rachamim and Torah She’b’chsav expresses it with Middas Hadin.

With this we can understand that the Tochacha and all of the Nivuos regarding the Galus are written with Middas Hadin. There is no Sheker in it. It is that Klal Yisrael deserves this as a punishment. So the Ribbono Shel Olam doesn’t do anything to Klal Yisrael unless there is Middas Rachamim mixed in as well.