יום ראשון, 5 במאי 2013

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. 
 

יום חמישי, 2 במאי 2013

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.

Who's Got The Bumper Crop? - Behar 5771



Hakadosh Baruch Hu assures us in 25:21 (וְצִוִּיתִי אֶת-בִּרְכָתִי לָכֶם, בַּשָּׁנָה הַשִּׁשִּׁית; וְעָשָׂת, אֶת-הַתְּבוּאָה, לִשְׁלֹשׁ, הַשָּׁנִים). Hakadosh Baruch Hu assures us that he will give us enough produce in the 6th year to last for the 7th year which is Shmitta and the 8th year which is Yovel so that we can make it through the 3 years. There is a famous Vort here in the Seforno and others quote it, that for a Baal Bitachon, (אוכל קמעא והוא מתברך במעיו) Ochel Kima Umisbarach B’mai’av as it says in Rashi to 26:5, the 6th year will grow a regular crop, but miraculously it will last for 3 years. However, as the Seforno says for the ordinary person if he says 25:20 (וְכִי תֹאמְרוּ, מַה-נֹּאכַל בַּשָּׁנָה הַשְּׁבִיעִת:  הֵן לֹא נִזְרָע, וְלֹא נֶאֱסֹף אֶת-תְּבוּאָתֵנוּ). Meaning he is afraid and asks what will I eat in the 8th year, for such a person the Posuk goes on and says (וְצִוִּיתִי אֶת-בִּרְכָתִי לָכֶם, בַּשָּׁנָה הַשִּׁשִּׁית; וְעָשָׂת, אֶת-הַתְּבוּאָה, לִשְׁלֹשׁ, הַשָּׁנִים). Then 3 years worth of crop will grow and you will have plenty of Tevua to eat in the 6th year.
We have a bit of a problem because we understand that this Beracha is only for the Shomrei Sheviis. Those who keep Shemitta have this Beracha of an excessive crop in the 6th year. But one minute.  In the 6th year we do not yet know who will be keeping the Shemitta and who will be keeping the Yovel. At that time it is still a time of Nisayon. This Posuk the Seforno explains is talking about someone who is afraid (וְכִי תֹאמְרוּ, מַה-נֹּאכַל בַּשָּׁנָה הַשְּׁבִיעִת).
The question is, whose crop grew in the 6th year, 3 fold what is normal? Whose crop grew in excess? It would seem that even those that keep Shemitta would have this extra crop. Hakadosh Baruch Hu knows who will keep Shemitta and who will not, however, it doesn’t make sense to say that in the 6th year, for those who are about to keep Shemitta 3 years worth grew and for those who would not keep Shemitta only one year’s worth of crop grew. Just for those people who 3 years grew it was already Paskened in Shamayim that they wouldn’t keep Shemitta? For whom did it happen that (וְעָשָׂת, אֶת-הַתְּבוּאָה, לִשְׁלֹשׁ, הַשָּׁנִים)? Unless you say that everyone had the big crop, even those that kept Shemitta.

Malkus On A Lav Sh'ein Bo Ma'aseh - Behar 5771



The first Dvar Torah of the week relates to the beginning of the Parsha. We have the Lav of 25:17 (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ). This Lav prohibits someone from causing pain to someone else with words. Onoas Devarim is what the Posuk is referring to.
The question is whether someone who is in violation of this Lav gets Malkus. We know that in general that if somebody violates a Lo Sasei, the punishment is Malkus in Bais Din. The question on (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ) is, does a person get Malkus or not?
The Chinuch says a person does not get Malkus because it is a Lav She’ain Bo Mayseh. It is a Lav that has no action. It is done with words alone, and one of the exceptions of not getting the punishment of Malkus is a Lav She’ain Bo Mayseh.
The problem is that the Chofetz Chaim in the Sefer Chofetz Chaim, in the Pesicha where he counts the different prohibitions that a person violates when he speaks Lashon Hora, he counts there in Os 17 the Lav of a (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ). There the Chofetz Chaim mentions incidentally that someone who is Over (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ) does not get Malkus because it is a Lav Shebiklalos (which is one of the other exceptions to Malkus). It is a Pliya. Why doesn’t the Chofetz Chaim give the Chinuch’s reason that it is a Lav She’ain Bo Mayseh?
Rav Shlomo Zalman Auerbach in Minchas Shlomo in Teshuva 81 mentions this Kasha.
The Sefer Moshchas Shemen has a beautiful Teretz. This Teretz requires knowledge of a Yesodosdika Machlokes Rishonim. In the Dinim of Lav She’ain Bo Mayseh there is a fundamental Machlokes between the Rambam and the Sefer Hachinuch. If you have a Lav which is typically a Lav She’ain Bo Mayseh. But which person can be Over with a Mayseh? Does he get Malkus for that?
For example, there is a prohibition of Bal Yei’ra’e Ubal Yimatzei, owning Chometz on Pesach. Typically it is a Lav She’ain Bo Mayseh. Someone who owns Chometz before Pesach and doesn’t do anything to get rid of it is Over on Bal Yei’ra’e Ubal Yimatzei as soon as Pesach begins. It is a Lav She’ain Bo Mayseh. However, it is possible to be Over the Aveira by doing a Mayseh, if someone goes into the store and buys Chometz on Pesach he is Over on Bal Yei’ra’e Ubal Yimatzei with a Mayseh. 
The Rambam in the first Perek of Hilchos Chometz Umatzah says that such a person gets Malkus. Obviously the Rambam holds that a Lav She’ain Bo Mayseh does not get Malkus only if you do it without a Mayseh. If you do it with a Mayseh then there is Malkus. The Chinuch disagrees. The Chinuch holds that Bal Yei’ra’e Ubal Yimatzei is typically a Lav She’ain Bo Mayseh so there is no Malkus.
It does not matter if in one particular instance an individual did it through a Mayseh, it is already a Lav She’ain Bo Mayseh. In Lomdus we call this a Siman, in other words the Chinuch holds that an Ain Bo Mayseh is a Siman of which Mitzvos don’t get Malkus. Typically, since Bal Yei’ra’e Ubal Yimatzei is a Lav She’ain Bo Mayseh you wouldn’t get Malkus even if you do it with a Mayseh.
The Rambam holds that Ain Bo Mayseh is a Siba, it is a reason not to get Malkus. Because you did no Mayseh there is no Malkus. If the person did the Aveira with a Mayseh he gets Malkus. Hence there is a Machlokes between the Rambam and the Chinuch regarding a Lav which is typically without a Mayseh which someone does with a Mayseh is he Chayuv Malkus or not.
Let’s return to (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ). There is a Lav in the Torah of Onoas Devarim causing someone else pain. The Ohr Hachaim Hakodesh writes that when someone is Over on Onoas Mamon, when someone cheats someone else in business, besides the Mitzvah of Onoas Mamon he is also Over on Onoas Devarim, because in his action he caused a person pain, and that is not less than through words. 
The Ohr Hachaim Hakodesh says that on Karka on which there is no Din of Anoas Mamon there is an Issur of Onoas Devarim. Which means that (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ) is an Aveira which a person could be Over with a Mayseh. For example, if someone were to spit in someone’s face he would be Over the Issur of (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ). So that this is an Issur which fundamentally is Onoas Devarim without a Mayseh but which of course could occur with a Mayseh.
Now we understand, the Chinuch L’shitaso says this is Lav She’ain Bo Mayseh, since the typical case of Onoas Devarim is through words alone it is a Lav She’ain Bo Mayseh which never gets Malkus even with a Mayseh. The Chofetz Chaim wanted to give a reason that would be true even according to the Rambam and therefore he gave another reason for (וְלֹא תוֹנוּ אִישׁ אֶת-עֲמִיתוֹ) being a Lav She’ain Bo Malkus and his reason is it is a Lav Shebiklalos. We gain an insight into the Chofetz Chaim’s words and more importantly the knowledge of a basic Machlokes the Chinuch and the Rambam which comes up a number of times in the Sefer Hachinuch as is pointed out in the Minchas Chinuch in numerous places.