Isaac Elchanan Theological Seminary • YU Center for the Jewish Future THE BENJAMIN AND ROSE BERGER TO-GO® Established by Rabbi Hyman and Ann Arbesfeld • October 2019 • Tishrei 5780 ותשובה ותפילה Tefilla and the Yamim Noraim

מעבירין את רוע וצדקההגזירה

Dedicated in loving memory of Dr. Harlan Daman by Carole, Gila and Avi Daman

Tzedaka in the 21st Yamim Noraim Century Insights Perspectives and insights Reflections to inspire our into the laws of tzedaka Avodas Hashem at this time and how they relate to the of year Yamim Noraim We thank the following synagogues which have pledged to be Pillars of the Torah To-Go® project

Beth David Synagogue Cong. Ohab Zedek Young of West Hartford, CT New York, NY Hollywood Ft Lauderdale Hollywood, FL Beth Jacob Congregation Cong. Ohr HaTorah Beverly Hills, CA Atlanta, GA Young Israel of Lawrence-Cedarhurst Beth Jacob Congregation Cong. Shaarei Tefillah Cedarhurst, NY Oakland, CA Newton Centre, MA Young Israel of Bnai Israel – Ohev Zedek Green Road Synagogue Philadelphia, PA Beachwood, OH New Hyde Park New Hyde Park, NY Boca Raton Synagogue The Jewish Center Boca Raton, FL New York, NY Young Israel of New Rochelle Cong. Ahavas Achim Jewish Center of New Rochelle, NY Highland Park, NJ Brighton Beach , NY Young Israel of Cong. Ahavath Torah Scarsdale Englewood, NJ Koenig Family Scarsdale, NY Foundation Cong. Beth Sholom Brooklyn, NY Young Israel of Lawrence, NY West Hartford Young Israel of West Hartford, CT Cong. Beth Sholom Providence, RI Century City Los Angeles, CA Young Israel of Cong. Bnai Yeshurun West Hempstead Teaneck, NJ West Hempstead, NY

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2 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Table of Contents Rosh Hashanah 5780

Dedicated in loving memory of Dr. Harlan Daman by Carole, Gila and Avi Daman

Introduction 4 Rabbi Yaakov Glasser: Tzedakah’s Role in Removing the Evil Decree

Yamim Noraim 6 Rabbi Reuven Brand: Returning to Hashem Insights 11 Mrs. Bracha Rutner: Free Will: Does It Make Us Moral People?

15 Rabbi Ari Zahtz: The of Listening

19 Rabbi Daniel Z. Feldman: Making a Difference: Priorities in Tzedakah The Power of Tzedaka 25 Mrs. Sivan Rahav Meir: Four Thoughts About Tzedaka

37 Rabbi Daniel Stein: Managing Maaser Kesafim

41 Rabbi Mordechai Torczyner: The Pledge: Commitment, Conveyance, Consecration

Sponsored in memory of יונתן דוד בן אלכסנדר שמעון by his children and grandchildren

3 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Rabbi Yaakov Glasser Introduction David Mitzner Dean, Yeshiva University Center for the Jewish Future Rabbi, Young Israel of Passaic-Clifton

TZEDAKAH’S ROLE IN REMOVING THE EVIL DECREE

ne of the most poignant is nearly fatalistic as we embrace the impact the outcome of this day. moments of the Yamim reality of the moment. The tension Reflecting upon these three elements, Noraim liturgy is the that builds up as we recite this piyut teshuva emerges as an understandable Orecitation of Unesaneh Tokef. Even is finally released with the declaration response to judgement as it has the the most hardened spiritual “ uteshuva utefilah utzedakah maavirin capacity to alter the character and succumb to the emotional depiction ” — repentance, es roah hagezeirah the deeds of the individual being of confronting the reality of Yom prayer and charity remove the evil judged. Prayer, as a direct appeal Hadin — The Day of Judgement. In decree. This refrain, whose source is to the Divine, also has an expected describing G-d’s judgement of the from the Yerushalmi ( Taanis impact upon the outcome of our world, the piyut evokes a solemn 2:1), provides a roadmap for us to judgment as well. The element of the confrontation with mortality — influence the outcome of the pending mi triad that seems to be distinct form (who will live and judgement of Yom Hadin. Despite yichyeh umi yamus the others is tzedakah. Charity, while who will die?), conjuring all sorts the seemingly passive nature of our extraordinarily noble and certainly of memories and images relating to disposition in the context of G-d’s a hallmark of our people’s legacy of our lives and our loved ones. The providence over the world, indeed compassion, seems unusually specific structure, substance and musical tone there is something we can do to

4 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 for this very universal context. The of our own deeds. It entails a broader The Yamim Noraim inspire significant piyut seems to avoid presenting scope of accounting for the many devotion to personal reflection and a broader mandate for chessed in connections and networks of support growth. The process of teshuva is one general, in deference to the very that we have developed and if those that demands deep introspection, specific act of tzedakah. In what individuals or institutions as well profound honesty, and extraordinary manner does this mitzvah become so are deserving of a questionable fate. resolve. Perhaps, through the medium central to the Divine judgement of Tzedakah can reverse or temper the of tzedakah, we can ensure that this our future? “gezeirah” because it brings into G-d’s focus does not remain in the realm accounting, the broader merits of of the personal. Rather, it moves us Soloveitchik, (Harerei Kedem Vol. I p. 76) suggests that the those we support. to recognize our capacity to make Torah’s disruption of the Mishkan’s a difference in the lives of others construction in Sefer Shemos with the — to look around the shul, or our community, and recognize the myriad narrative of the cheit haeigel — the sin of the golden calf, and its resolving Beyond an altruistic of ways that we can become “essential” forgiveness, is intended to draw gesture, tzedakah is to the world of others and to edify our attention to the role of communal community through respect, unity, contributions, as foundational to the the medium through and support. Yom Tov is an exciting paradigm of forgiveness. Somehow, and vibrant time for many people. the experience of the Jewish people which we expand the For others, the expansion of focus on sacrificing of their own resources for circle of impact, and children and family, serves to painfully the larger communal need, provides accentuate everything that is missing the foundation for G-d’s ultimate by extension, relevance in their lives. For those who are forgiveness. blessed to be praying for continued of our lives. nachas and success, perhaps one of the What is the source of charity’s most effective methods, is to extend powerful influence upon our ultimate ourselves to those for whom these judgement as individuals and as a days are excruciatingly challenging, people? When we live life for ourselves, we are to embrace them with compassion, I once learned, that perhaps it is the left with the consequences of our own love, and support and to show, that very nature of tzedakah’s impact actions. When we live life for others, our lives matter, because they matter that shifts the entire calculus of our then our fate becomes forever linked to others. judgment. Tzedakah establishes a with the compelling needs of those connection of dependency between beyond our own world. two people. It entails, at the highest level, one Jew taking responsibility for the fate and well-being of another. Beyond an altruistic gesture, tzedakah is the medium through which we expand the circle of impact, and by extension, relevance of our lives. Tzedakah means that whatever occurs to us as individuals will have a profound effect upon those we support as well. It establishes an Sponsored l’ilui nishmot existential link between the fate of משה בן נתן מרדכי ע”ה ,ourselves and that of others. In this Moshe Buksbaum שרה גיטל בת יוחנן ע”ה ,regard, G-d’s judgement upon us and Sarah Buksbaum becomes an evaluation of more than by their children and grandchildren the quantitative and qualitative value

5 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Rabbi Reuven Brand Yamim Noraim Insights Rosh , YU Torah Mitzion Kollel of Chicago

RETURNING TO HASHEM

ver the course of Yom Kippur, Himself. Let us frame this issue in light a unique exhortation that a person beginning with the Vidui of of two questions. should strive to do teshuva, plus an mincha on Erev Yom Kippur First, the Rambam famously added magisterial description: Othrough the conclusion of Neilah, we כמה מעולה מעלת התשובה. אמש היה זה presents a panoramic sweep of the address our sins many times. Each מובדל מה’ אלקי ישראל שנאמר עונותיכם particulars and principles of teshuva of the forty-four lines of Al Chet and היו מבדילים ביניכם לבין אלקיכם. צועק .in ten chapters in the Book of Madda the specifics of Ashamnu identify a ואינו נענה שנאמר כי תרבו תפלה וגו’ ועושה Significantly, he does so in a peculiar detailed mistake that we verbalize and מצות וטורפין אותן בפניו שנאמר מי בקש manner. As expected, he begins the correct as part of our teshuva process. זאת מידכם רמוס חצרי, מי גם בכם ויסגר first chapter with the requirement Yet we should be careful that this דלתים וגו’. והיום הוא מודבק בשכינה שנאמר for teshuva/vidui (the relationship important, painstaking effort to redress ואתם הדבקים בה’ אלקיכם. צועק ונענה מיד between these specific concepts is a each error should not occlude an שנאמר והיה טרם יקראו ואני אענה. ועושה ,source of much discussion). However arguably more important element: the מצות ומקבלין אותן בנחת ושמחה שנאמר כי he repeats the description of teshuva return to our connection with Hashem כבר רצה האלקים את מעשיך. ולא עוד אלא in the seventh chapter, this time with

Many thanks to Avi Mori Mr. Etzion Brand, Professor Leslie Newman and Mrs. Andrea Polster for their editorial contributions.

6 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 teshuva something to which we aspire שמתאוים להם שנאמר וערבה לה’ מנחת yishtadel” in his language — rather“ יהודה וירושלם כימי עולם וכשנים קדמוניות: How superior is the degree of repentance! than a mitzvah to accomplish? But yesterday was this sinner separated Let us consider a second difficulty. from the Lord God of Israel, as it is said: “But your iniquities have separated The book of Hoshea presents a litany between you and your God” (Is. 59.2); of complaints and biting criticisms cries, but received no answer, as it is of the Jewish people. It concludes on said: “Yea, when ye make many prayers, a conciliatory note, encouraging the I will not hear” (Ibid. 1.15); does obey Jewish people to return to Hashem. commandments, but they are thrown These words begin the Haftara that back in his face, as it is said: “Who we read on Shuva (hence its hath required this at your hand, to name): ּובָ ה ש יִשְרָאֵלעַד ה’ אֱֹלקֶ יָך כִי כָשַ לְתָ בַעֲ וֹנֶָך. ,trample My courts?” (Ibid.–12), and “Oh that there were even among you Return, O Israel, to the LORD your that would shut the doors, that ye might God, for you have fallen because of your not kindle fire on Mine altar in vain!” sin. (Mal. 1.10). But today he is connected Hoshea 14:2 with the Shekinah, as it is said: “But קְחּו עִמָכֶם דְבָרִ ים וְ שּובּו אֶל ה’ אִמְרּו אֵ לָיו כָ ל ye that did cleave unto the Lord your Rabbi Yekusiel Yehuda Halberstam zt”l, תִשָ ֹן חאוְקַ עָ וטֹוב ּונְשַ לְמָה פָרִים שְ פָתֵ ינּו God are alive every one of you this day” the Sanz-Klausenberger Rebbe (Deut. 4.4); he cries and receives answer Take words with you and return to the LORD. Say to Him: “Forgive all guilt momentarily, even as it is said: “And it of Kol Nidrei 1945 in the Fohrenwald and accept what is good; Instead of bulls shall come to pass that before they call, DP camp. Rabbi Yekusiel Yehuda we will pay [The offering of] our lips. I will answer” (Is. 65.24); he observes Halberstam zt”l (1905–1994), the Hoshea 14:3 commandments, and they are received Sanz-Klausenberger Rebbe who lost with pleasure and joy, even as it is said: The immediate question is, why does his wife and eleven children to the “For God hath already accepted thy the Navi repeat the call to teshuva in Nazi Holocaust, stood before the open works” (Ecc. 9.7); moreover, his works back-to-back Pesukim? What is added ark and addressed a gathering of his are pleasurably anticipated, as it is said: in the second verse? Furthermore, fellow survivors: “Then shall the offering of Judah and why does the Hebrew preposition for In a wholly unorthodox manner he be pleasant unto the Lord, the word “to” change from ad (until) called out the words of Vidui: “ashamnu, as in the days of old, and as in ancient to el (to)? bagadnu (we have sinned, we have years” (Mal. 3.4). We can appreciate a fundamental rebelled)....” Each word was inflected not Why does the Rambam wait until distinction within both the words of as a statement but as a question: “Did the seventh chapter to deliver this the Rambam and of Hoshea in light we sin? Did we rebel?” fundamental message about the nature of an incredible and iconic moment Almost accusatorily, the Rebbe asked, of the mitzvah? Why in this chapter is in Jewish history. It was the evening “did we really sin? Did we really rebel? Did we, Chas veshalom, rebel against You and fail to remain faithful? Gazalnu — did we steal? From whom did we steal in Auschwitz and Muldorf? Why is there anybody to steal from?”... Dibarnu dofi — we spoke slander? We never even had enough strength for idle conversation. If by chance we had any remaining strength, we saved it so that

7 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 we would be able to answer the questions This anecdote is incredible on many the Rebbe distinguished between of our vicious oppressors! He’evinu — levels, and for our discussion it the relationship to mitzvot and the we caused perversion? Hirshanu — we reveals a crucial distinction between relationship to Hashem. This is a caused wickedness? Who? Us? Latznu two areas of our spiritual lives: our fundamental concept in . — we scorned? Who could do such a actions and our core connection All of the mitzvot that we observe thing there? Maradnu — we rebelled? to Hashem. On Yom Kippur we are emanations from Hashem that Against whom? We rebelled against the introspect and reflect on these two descend into our world through Almighty? Didn’t we suffer every beating aspects in our lives. We take an many levels of transformation until quietly with the knowledge that ‘You are accounting of our actions, specific they take the shape of a physical righteous in everything that comes upon misdeeds and shortcomings, and we action. However, our connection to us’?! We rebelled against our oppressors? articulate them in our Viduy. We also Hashem Himself, as it were, exists in Could we have rebelled against them address a second component — our a direct way through our inner self, even if we had tried?” core connection with Hashem. This is our neshama. While each mitzvah our essential relationship with Him, is a crucial and indispensible link Word by word, the Rebbe dismissed each which transcends specific mitzvot. that is essential to cultivating our and every alleged sin of the survivors. relationship with Hashem, our “We did not commit evil acts. We did performance of all of the mitzvot do not sin willfully! This Vidui was not not automatically equal a meaningful written for us,” he concluded, closing and mindful relationship with Him. his machzor. His congregation stood in What does my shock. This distinction between specific personal relationship actions and a core connection can After a second pause, the Rebbe raised explain the specific arrangement of his voice again. “But we are guilty of with Hashem look the Rambam’s . sins that are not written in the machzor. Laws of Teshuva We sinned in our faith and trust in our and feel like? Do I The Rambam begins hisLaws of Creator. Did we not doubt Hashem Teshuva addressing the requirement out of despair and hopelessness in the ever address Hashem to redress our mistakes, our flawed camps? When we recited Shema at directly, in the second actions. Hence, he discusses the night, we hoped that it would be our last process of kaparah (atonement) haMapil, that the end of our suffering person, to cultivate — in chapter 1 and then defines would come. How many times did we the steps of the teshuva process in pray, ‘Master of the Universe, I have no our relationship? chapter 2. However, in chapter 7, more strength. Take my soul so I will not the Rambam speaks no longer of have to recite Modeh Ani anymore’? And teshuva for specific actions; he instead when the sun rose and we were obligated addresses teshuva in our relationship to thank Hashem for ‘returning my soul with Hashem. The Rambam is not with great mercy,’ we were consumed In the case of the Klausenberger, referring to the typical requisite with anger and rage. When we removed these two realms were bifurcated. steps in mitzvah fulfillment; rather the corpses from the barracks, weren’t There were no actions for which he is concerned about a profound we jealous of those lucky people who had the survivors, who had endured inner search and desire to journey died? horrifying experiences beyond closer to Him. This is why only in chapter 7 does the Rambam extol the “This is how we have sinned. We have what we today could ever truly 2 transformational nature of teshuva. sinned with a lack of faith and trust. We fathom, needed to address. They In this context, the must beat our chests and admit our sins. were not culpable for any specific baal teshuva feels the close connection and deep We must ask the Almighty to restore our actions. However, the Rebbe clearly relationship with Hashem. This faith and trust in Him. Trust in God felt the essential relationship with cannot be measured in halachic terms forever. Trust in Him at all times, nation! Hashem needed a Yom Kippur of fulfillment; hence, the Rambam Pour your hearts out before Him.”1 focus and renewal. In his message,

8 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 simply exhorts us to aspire — is our return to Hashem complete. careful not to ignore or overshadow yishtadel — to approach this genuine The first return is the teshuva for the second. In fact, Rabbi Joseph and profound relationship with our actions, as the pasuk concludes, ki B. Soloveitchik zt”l observed that Father in heaven. chashalta ba’avonecha — for we have “the most important thing in life is Similarly, this distinction between stumbled in our sins. The second is to feel the presence of the Almighty observing mitzvot and nurturing our return to Hashem directly, to our and the gentle pressure of his hand 4 The our connection with Hashem can essential relationship borne out of an resting upon my frail shoulder.” “Chalban” (Rav Chaim Cohen zt”l) explain the words of Hoshea. In intimate, direct conversation — k’chu . provides an analogy to appreciate the understanding the word ad — imachem devarim v’shuvu el Hashem importance of the core connection until — in Tanach and halacha, our With our words — our open direct in the form of a young couple in love sages note that it has two possible conversation with Hashem — we separated and then reunited.5 While connotations: inclusive and exclusive. rebuild our core connection, our separated, the husband sends his In our context3 the Gemara quotes relationship. beloved various items to maintain Rabbi Yochanan who interprets Both of these elements — the actions their connection, including a pair of shuva Yisrael ad Hashem as a vehicle and the relationship — are essential gloves and a hat. Upon receiving the to return us to Hashem to the extent to our spiritual lives, and much of items in the mail, the wife holds and of “ad v’lo ad b’chlal” — up to but our Yom Kippur Machzor is devoted caresses them as a physical reminder not including. This indicates that to the first. We cannot seriously and connection to her beloved. She the return of ad, the first pasuk, is an consider a true relationship with stares at them and smells them to incomplete return. Only at the second Hashem devoid of a committed life detect her husband’s scent. Finally, stage when we return “el Hashem” of actions. However, we should be

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9 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 the husband returns home and is not marvelous in that it provides the couple retreat for an intimate atonement,6 but that it is a rare moment to their private room and experience of Divine closeness. It was embrace deeply. Wouldn’t it be odd because of this sublime joy that Rabbi if in the presence of the husband for Soloveitchik felt personally that he whom she had waited with baited was unable to eat for hours after the breath, she reaches for his hat and close of Yom Kippur.7 He continued caresses it? Instead of focusing on to live simply in the afterglow of the object of her love, she directs the Yom Hakadosh and its Divine her attention to such a small detail; closeness. it would be bizarre! Similarly in While we may not achieve this level our spiritual world, mitzvot are of spiritual connectedness in our lives, the physical manifestations of it provides a guidepost. It reminds Hashem’s connection with our us to ask ourelves on Yom Kippur world as mentioned earlier. They are not just how many Al Chets we have divine, spiritual elements that have recited and what steps of the teshuva It was because of undergone many transmutations. process we have fulfilled, but what this sublime joy that They are akin to the gloves and hat our personal, direct connection with of our beloved — cherished in his Hashem is. What does my personal Rabbi Soloveitchik absence. However, in contrast to relationship with Hashem look and our actual closeness to Hashem feel like? Do I ever address Hashem felt personally that they pale. When we recite a bracha directly, in the second person, to he was unable to eat on a mitzvah we relate the action cultivate our relationship? Yom Kippur to Hashem in the third person — is a time to focus on where Hashem for hours after the b’mitzvotav — while our words and is in our lives, and the chance for this connection with Hashem are direct core connection is most opportune close of Yom Kippur. in the second person — atah. Our as Hashem’s presence comes to spend direct connection with Hashem this day with each one of us. 3. According to the textual version of the Bach transcends these individual actions. and Masores Hashas in Yoma 86b. On Yom Kippur, we experience Endnotes 4. “A Tribute to the Rebbetzin of Talne,” immense joy, as the Talmud (Taanis Tradition 17:2, 77. 28b) observes, since on Yom 1. The Klausenberger Rebbe: The War Years, pp. 5. Talelei Chaim, Veyached lvaveinu. Kippur we receive forgiveness for 185-186. The entire Yom Kippur experience 6. Rabbi Soloveitchik notes that the language our sins. However, this is not the of the Rebbe in Fohrenwald, including his meeting with General Eisenhower the of the Kohen ’s Vidui — BaShem — ultimate joy of Yom Kippur. The next morning, is documented in Lieutenant with the name of G-d indicates that we receive profound joy that we should aspire Birnbaum. atonement by being close to Hashem’s name — His presence. to appreciate on Yom Kippur is the 2. It is noteworthy that the Rebbe went to incredible closeness that we merit heroic and superhuman lengths to observe 7. Related by Rabbi Menachem Genack in to experience with Hashem himself. mitzvot during the Holocaust; he never ate the name of Rabbi Soloveitchik’s daughter The fact thatmikveh Yisrael Hashem non-kosher food, even bishul akum, during his in “Ish Yom Hakippurim” from Memories of a Giant: Eulogies in Memory of Rabbi Dr. Joseph — that we literally immerse in the entire imprisonment including Auschwitz, a death march and forced labor in the Muldorf B. Soloveitchik, Zt”l, p. 163. presence of Hashem on this day — forest.

Find more shiurim and articles from Rabbi Brand at https://www.yutorah.org/rabbi-reuven-brand

10 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Mrs. Bracha Rutner Yamim Noraim Insights Assistant Principal, Yeshiva University High School for Girls

FREE WILL: DOES IT MAKE US MORAL PEOPLE?

n an experiment described in the assumes that we are able to make The Rambam inHilchot Teshuvah 5:3 journal Science,1 psychologists decisions independent of either describes free will as ikar gadol hu, v’hu asked participants a series of natural or metaphysical controlling amud Hatorah v’hamitzvah — It is the Iquestions about people who did forces.3 If we have free will, according essence of all of the Torah and mitzvot. reprehensible things, such as a man to most respondents, then we are The Rambam adds: who hired someone to kill his wife responsible for our actions both אַ ל יַעֲ בֹר בְמַ חֲַשבְ ְ תָך דָבָ ר זֶה שֶאֹומְרִ ים טִ ּפְ ֵ שי and children or a man who cheated good and bad, but if everything is אֻ מֹות הָ עֹולָם וְ רֹב ּגָלְמֵ י ְ בנֵי יִשְרָאֵ ל שֶהַּקָ דֹוש on his taxes. Researchers discovered predetermined then we are simply ָ רּוְך בהּוא ּגֹוזֵר עַל הָאָדָ ם מִ ְתחִַ לת ְרִ בּיָתֹו לִהְ יֹות that people’s answers depended following a script, rendering us free of צַ ִ ד קי אֹו רָ ָשע. .on whether they believed in free any responsibility 2 Absolute Do not let enter your mind that which will or determinism. The results of this study seem to imply determinism is the general view that is said by the foolish people among the that people believe that the belief in all events, including human actions, Gentiles and the boorish among the Jews: free will leads us down a moral path, are produced by prior conditions, that God decrees from the start whether because we hold ourselves more which make those events and actions a person is to be righteous or wicked. morally responsible when we believe inevitable. These predetermined Laws of Teshuvah 5:2 in free will. But does free will truly influences can be internal biological lead us to be better people? To act in a What is the basis for the concept of and psychological drives, scientific- more moral fashion? free will within Judaism? environmental rules, or metaphysical- divine forces. In contrast, the notion In Judaism, according to many of There are many sources that form the of absolute freedom of the mind our great , free will, or bechira basis for the belief in free will. A few of chofshit, is an essential part of Judaism. them include:

11 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 in each plague, there is The other school of thought, led by הַעִ ruler. Andידֹתִי בָכֶםהַּיֹום אֶתהַּׁשָמַ יִם וְאֶת הָאָרֶ ץ: mention of Pharaoh’s heart being the Rambam, believe that Hashem didהַחַ ּיִים וְהַ ָ מוֶת נָתַ ִ תי לְפָ נֶיָך, הְַרָ כָהב וְהַּקְ לָלָ ה; .hardened. In the beginning, Pharaoh constrain Pharaoh’s free will ַחַ ּובָחַ רְ ָ ת בּיִים, לְמַעַ ן תִחְ היֶ ָ האַ תוְזַרְ עֶ ָך. hardens his own heart, but by the Today, I testify with the heavens and the Both in Hilchot Teshuva and in , last five plagues Hashem hardens earth as my witness I place before you Shemoneh Perakim, the Rambam 4 We clearly see life and death, blessing and curse, you Pharaoh’s heart. teaches us that there are times when that Hashem intends to take away should choose life in order for you and Hashem takes away our free will. Pharaoh’s free will from the beginning. your descendants to live. Different choices yield different Hashem tells us what He wants to Devarim 30:19 consequences. According to the achieve (7:3) — that He wants to In the Mishnah in Avot 3:15, it is Rambam in Shemoneh Perakim, bring about many great wonders and taught: chapter 8: show those great wonders to others. וְהּוא הַ בֹוחֵ ר בְמַ ָ עֲיו,ש מַ ֶ ה ּיִרְ ּׁשצֶה לַ עֲ שֹותֹו But isn’t there an alternate way to הכל צפוי, והרשות נתונה. יֵַ עֲהּו,ש ּומַ ה ֶ ּׁשּיִרְ צֶ ה ֶשֹא ללַ עֲ שֹותֹו לֹא יַעֲ ֵ שהּו, All is anticipated, and a person has the achieve this goal? Why did it have to אֶ לָאֵ אִ ן ם כ ֵ יַעַ נְהּוש ה’ עַל חֵטְ א שֶחָטָ א ability to act in any fashion they want. involve taking away Pharoah’s free ֶ ְבשּיְבַּטֵל רְ צֹונֹו. And in the Gemara in Brachot 33b, it will? A person can choose his actions, to do is written: There are different schools of thought something or not do it, unless Hashem on this. According to many, including punishes him and then his free will is הכל בידי שמים – חוץ מיראת שמים. the Ramban, the Seforno, Rasag and Everything is in the hands of Heaven, nullified. except for the fear of Heaven. Rav Yitzchak Aramah, hardening Pharaoh’s heart was actually a We certainly have free choice and But do we always have the choice to preservation of his free will. free will. We can choose to put our be “good or bad”? There are many hand in the fire. But every choice we instances in the Torah where it seems According to the Ramban and make will have a consequence. If we 5 Pharaoh really did not want that our choice is taken away from us. Seforno, choose to put our hand in the fire, Bnei Yisrael to leave Egypt. During the If that is the case, then how can we be we will most likely get burned. If we first five plagues he was able to stick to held responsible for our actions? How choose to violate a Torah law and not his plan — he hardened his own heart can we ever repent and do teshuvah? listen to Hashem, He may punish us. with his determination not to let them Let us examine two of these situations A possible consequence could be the go. But then it became a challenge for that will help us, at least on some level, removal of our free will. to answer these questions. him. In the words of Ramban: But what are those circumstances that רך לבו והיה נמלך לשלחם מכובד המכות לא In the stories of Pharaoh and Bilam, Hashem takes away our free will? If לעשות רצון בוראו ואז הקשה השם את רוחו God intervenes and limits or removes Hashem takes it away, then how can ואמץ את לבבו. the ability of these individuals to make we do teshuvah? Do we ever gain back and act on their own choices. What His heart had softened and he was our free will? happens in these two situations? Why prepared to let them leave because of the To add to our understanding of the does Hashem seemingly take away severity of the plagues, not because he limits of free will, and whether we can their free will? And what, if anything, wanted to fulfill the will of his creator. ever gain it back, let us examine the does this teach us about the limits of At that point, Hashem hardened his story of Bilam. free will? heart and gave him the strength [to reject Moshe’s request]. Bilam Pharoah Hashem needed to give Pharaoh free will. Otherwise, if Pharaoh let the In Bamidbar 22:5, Balak asks Bilam In Shmot 7:3, Hashem tells Moshe Jews out at this point, it would be as if to curse Bnei Yisroel. Twice, Bilam that He will harden Pharaoh’s heart Hashem coerced him. And so Hashem refuses, saying that he must listen (va’ani aksheh et lev Paroh). In this enabled Pharaoh to have free will by to God. God tells Bilam not to go sense, it seems that Hashem is taking strengthening his heart. to Balak, but when Bilam presses away the free will of the Egyptian

12 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 .Hashem tried to rectify But the end of their stories diverge — לדבר קדושה Hashem, he is granted permission, as long as he abides by God’s words: this situation by manipulating Bilam’s Bilam eventually recognizes what the :words. right path is ָבֹאוַ ּי אֱֹלקִים אֶל בִלְעָם הלַיְלָ וַ ּיֹאמֶר לֹו אִ ם ַרְ וַאּי בִלְעָם כִ יטֹוב בְעֵ ינֵי ה' לְבָרְֵך אֶ ת יִשְרָאֵ ל Bilam did not fully understand how לִקְ רֹא לְָך בָאּוהָאֲ נָשִ יםקּום לְֵך םאִתָ וְאְַך אֶ ת וְ לֹא הָ לְַך כְפַעַם בְפַעַם לִקְרַ את נְחָשִים וַ ּיָשֶ ת his words were, and so הַדָבָרpowerful אֲשֶר אֲדַבֵר אֵ לֶ יָך אֹתֹו תַעֲשֶ ה. אֶל הַמִדְבָ ר ָ ּפנָיו. That night God came to Bilam and said Hashem taught Bilam a lesson by to him, “If these men have come to invite taking away his free will and showing Now Bilam, seeing that it pleased the you, you may go with them. But whatever him the right way to use his words. Lord to bless Israel, did not, as on previous I command you, that you shall do.” occasions, go in search of omens, but Similar to Pharaoh, when Bilam Bamidbar 22:20 turned his face toward the wilderness. attempted to defy Hashem, his will Bamidbar 24:1 However, if we look at the pesukim, was constrained. There are many we see that Bilam is required to do similarities between the situations Bilam saw — on his own — that it more than follow what Hashem has of Pharaoh and Bilam but also many was good in Hashem’s eyes to bless the told him to say. Four times we see an notable differences. Jewish people. It further states (24:3) idea that implies that Bilam had his “vayisa meshalo” — he presented his Both of these men were leaders. There free will removed. parable, his own parable. The words are many details described in the Torah that came next, the real bracha, came When Bilam speaks with Balak he says of Pharaoh as the king of Egypt, but from him and not from God. Hashem very little about Bilam other than that — הדבר אשר ישים אלהים בפי אתו אדבר no longer needed to intervene, since Everything that Hashem puts in my he was a powerful sorcerer and had Bilam now recognized the right path to mouth that is what I will say (22:38). a relationship with Hashem. Both take; his free will was thus reinstated. And then when Bilam tries to curse men sought to harm Bnei Yisrael, Bnei Yisrael, Hashem literally puts albeit through different means and for This point is made by the Or :different purposes. Pharaoh wanted Hachayim וישם ה' דבר :the words in his mouth שעד עתה היה מדבר מה שישים ה’ בפיו כנגד God placed the words Bnei Yisrael to remain his servants in — בפי בלעם רצונו שהדיבור היה יוצא מפיו בעל כרחו ועתה in the mouth of Bilam (23:5). These perpetuity because he was worried that רצה שיסכים הוא על הדברים היוצאים מפיו. — words are repeated twice more. After they were a great and strong nation עם בני ישראל רב ועצום ממנו ,Bilam initially blesses Bnei Yisrael (Shmot 1:9). Up until now, Hashem has taken away Balak becomes angry with him and Pharaoh caused Bnei Yisrael physical his free will but now that he recognizes הלא את אשר ישים ה' Bilam responds suffering, not only to maintain them what he should do, the words came out I can only repeat — בפי אתו אשמר לדבר as slaves, but to create within them on his own. faithfully what God puts in my mouth a “slave mentality.” Bilam attempted Bilam’s free will may have been taken (23:12). And then when Bilam tries to curse Bnei Yisrael, to harm them away, but he was able to gain it back. וישם דבר to curse Bnei Yisrael again through his words. However, he Pharaoh never regained his free will And [God] placed the words — בפיו was not motivated by any personal because he continued on the immoral in his mouth (23:16). desire. Balak was concerned, similar path that he had chosen. If we believe in free will, how is it that to Pharaoh, about Bnei Yisrael’s In these situations, Pharaoh and we are told four times that Hashem strength. Balak describes Bnei Yisrael Bilam’s free will did not make them literally put words in Bilam’s mouth in Bamidbar (22:3,5) as rav hu more moral people, and in fact we can and takes Bilam’s free will away? (numerous) and atzum hu mimeni argue that Pharaoh’s free will perhaps The Or Hachayim (R. Chayyim ben (more numerous than me), and so made him less moral. , he asked Bilam to curse them. In Moshe ibn Attar) says there are many Free will, according to the Rambam, times when Hashem takes away our both cases, Hashem punished these individuals by taking away their is the ability to choose between good free will. In this case, he emphasizes and bad: that our language has incredible power free will. However, Bilam seems to רשות לכל אדם נתונה: אם רצה להטות עצמו and is holy. When Bilam tried to use acknowledge that Hashem might do לדרך טובה ולהיות צדיק - הרשות בידו, ואם this while Pharaoh has no knowledge נתחכם ה' לעשות תיקון— it improperly of Hashem’s plan. situations, there will be consequences. the tents of Jacob.8 This is a reminder to רצה להטות עצמו לדרך רעה ולהיות רשע - When we use our free will the wrong us of our ability every day to choose the הרשות בידו. Every man was endowed with a free will; way and make poor choices, we are right thing, and that it is not our free if he desires to bend himself toward the deviating from the moral path. Hashem will that makes us moral people but our good path and to be just it is within the may punish us and try to show us that choices. power of his hand to reach out for it, we have gone in the wrong direction, Free will is a cycle. When we use our and if he desires to bend himself to a bad even removing our free will in that free will for good, we put ourselves path and to be wicked it is within the moment. But it is not a permanent on a moral path, and following this power of his hand to reach out for it. constraint — we can always gain moral path leads us to greater free will. Hilchot Teshuva 5:1 our free will back. We can choose to But when we use our free will for the rectify the situation. That process of negative, we may lose the opportunity אבל נדע בלא ספק, שמעשה האדם ביד rectification is teshuvah. The Maharal, to continue to use our free will. So the האדם, ואין הקב”ה מושכו ולא גוזר עליו Rabbi Yehuda Loew ben Betzalel, in choice is ours: how will we use our לעשות כך…, ומפני זה נאמר בנבואה, שדנים Gevurot Hashem (ch. 31) differentiates ?free will את האדם על מעשיו – כפי מעשיו: אם טוב between those who are overtaken by ואם רע. desire, emotion and passion and those But we do know without a doubt that who choose evil willingly. Those who Endnotes man’s behavior is in the hand of man, and sin because of the former, if they are that the Holy One, blessed is He neither 1. Summarized in John Tierney, “Do sincere in their teshuva, are forgiven draws him nor issues edicts against him to You Have Free Will? Yes, It’s the Only by Hashem. Through their teshuva, do as he does … For this reason, we our Choice,” available at https://www.nytimes. they are expressing who they really are, com/2011/03/22/science/22tier.html told through our prophets that a person and as such gain back their free will. is judged for his actions: according to his 2. See the resources referenced at https:// They return to themselves. However, en.wikipedia.org/wiki/Determinism actions whether good or for bad. if they choose evil willingly, teshuvah Hilchot Teshuva 5:5 3. See the resources referenced at https:// is impossible. Pharaoh demonstrated www.jewishvirtuallibrary.org/jsource/ We learn from this that free will is that he intellectually chose the path of Judaism/FreeWill.pdf our ability to discern good from bad evil and therefore the gift of teshuva 4. It is interesting to note that in the pesukim and our ability to choose to act based was impossible.7 Bilam, however, who there are three different words used to on this understanding.6 Free will can did not choose evil — and in fact never describe the same action: vayechazek — he be used for both moral and immoral succeeded in cursing Bnei Yisrael — strengthened, va’aksheh — and I will make purposes. It does not make us moral hard, vehachbed — and he made heavy. could see the right way and follow that Hashem said that he will harden (va’aksheh), people, but it gives us the choice to be path. So much so that the bracha he but that verb does not appear when Pharaoh’s moral. gave to Bnei Yisrael of his own free will heart is actually hardened. We can choose how we act — is said every day in davening — Mah 5. On chapter 7, verse 3. tovu ohalecha Yaakov — how great are positively or negatively. In both 6. There are many other definitions and aspects to free will. For a more comprehensive analysis see Wiederblank, Rabbi Netanel, “Illuminating Jewish Thought: Explorations of Free Will, the Afterlife and the Messianic Era.” The RIETS Hashkafa Series, The Michael Sharf Publication Trust of Yeshiva University Free will does not Press, Magid Books, 2018. make us moral people, 7. Wiederblank, p. 240. 8. There is much discussion about what but it gives us the Bilam’s actual sin was. From the peshat of the pesukim it is not clear. See http://www. choice to be moral. nechama.org.il/pages/924.html. He was killed later in the battle between Bnei Yisroel and Midyan.

14 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Rabbi Ari Zahtz Yamim Noraim Insights Maggid , RIETS Associate Rabbi, Congregation Bnai Yeshurun, Teaneck, NJ Co-Founder, Project Ometz

THE MITZVAH OF LISTENING

he story is told of Franklin Rosh Hashanah is a tremendously perhaps even challenging for some. Roosevelt, who often endured special and powerful day. In what Let us try and think more deeply long receiving lines at the unique way are we supposed to serve about listening. If that is the call of the TWhite House. He complained that no Hashem at this auspicious moment? day, then maybe there’s more to it than one really listened to what he said. One What is the ? What is mitzvas hayom what it seems on the surface. day, during a reception, he decided the unique call of the day? to experiment. To each person who Perhaps the most famous passuk in the The shofar. But what about the shofar? passed down the line, he murmured, Torah is that of “shema Yisrael.” What To blow it? Only one person sitting in “I murdered my grandmother this do those words mean? Hear O Israel. Is shul blows the shofar, while everyone morning.” The guests responded with it really sufficient just to hear the words else simply listens. The bracha phrases like, “Marvelous!,” “Keep up Hashem Elokeinu Hashem echad? highlights listening as the key aspect the good work,” “We are proud of you,” That’s it? Just let those words bounce of the shofar — l’shmoah kol shofar — “G-d bless you, sir.” Only at the end of off your eardrums and you have to hear the sound of the shofar. the line, while greeting the ambassador fulfilled the biblical commandment? How surprising! That’s it? This holy from Bolivia, were his words finally The Rashba was asked a very simple, and special day doesn’t have a unique heard. Unflinching, the ambassador basic question: what kavana (intent) and special mitzvah that we need leaned over and whispered, “I’m sure should we have when reciting the to perform (actively)? she had it coming.” b’kum va’asei words shema Yisrael? He writes We simply have a passive mitzvah of It may only be an urban legend, but in a teshuva (5:55) that obviously listening? the underlying point is profoundly the passuk means more than just true. People tend not to listen. This suggestions is very surprising and physically hearing. Instead, based on

15 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 pesukim, the Rashba proves that there are three distinct definitions of the Hebrew root shin“ mem ayin” in the Torah: רק אנחנו חייבים לשמוע ולחקור אחר השמיעה והחקירה, שהחקירה האמתית תחויב ותכריע על ככה. והוא אומרו: שמע ישראל. שמלת: שמע; כולל ג’ ענינים. הנחתה הא’, היא שמיעת האזן. אזן שמעה ותאשרני. והושאלה, לדעת הרב: ונתת לעבדך לב שומע. והושאלה גם לקבלה, והאמונה בו: שמע בני מוסר אביך. אשרי אדם שומע לי. אם שמוע תשמעו אל מצותי. וכאן, ר”ל באומרו: שמע ישראל; כולל ג’ ענינים שנצטוינו לשמוע וללמוד, כי לולי שנשמע ונלמוד, לא נתבונן אליו. ואחרי השמיעה והלימוד וחיקור היטב: אם יש ראיה סותרת, חס ושלום. ואחר שנבא מתוך השמיעה אל החקירה באמת, תביאנו החקירה ותכריחנו הכרח אמתי, לקבל ולהאמין כי הוא ית’ נמצא, וכן הוא משגיח על פרטי מעשנו. We have an obligation to listen and investigate what we hear and comprehend because true understanding requires this. This is what is meant by “shema Yisrael.” The word “shema” includes three ideas. The first is hearing with one’s ears … This term is borrowed to apply to the Master: “You shall give to Your servant a listening heart.” It is also borrowed to refer to accepting and to believing [what was heard.] … Here, when we say “shema Yisrael” it includes three ideas: that we are commanded to hear and to learn, for if not for hearing and learning, we will not look to Him. After hearing and learning we thoroughly investigate whether there is evidence that contradicts what we found, heaven forbid. After we go from hearing to complete understanding, the investigation will lead us to believe that He exists and He provides providence over all of our actions. The first is the simple meaning — literally to hear. The second, to understand, and the third is to accept. In truth, in the English language these same three definitions of hearing exist as well. This explains how we can attribute hearing to Hashem. He has no ears, but He certainly is the shomea tefila (He Who hears our prayers), the meivin umaazain mabit umkashiv lkol tekiaseinu (He understands, listens and pays attention to the sound of our shofar blasts) — He understands and hopefully accepts both our verbal tefillos as well as the cries of the shofar we bombard Him with on Rosh Hashanah. And with this understanding, we can appreciate a difficulty in the special Mussaf Shemoneh Esrei of Rosh Hashanah. There are three middle sections to the Shemoneh Esrei on Rosh Hashanah: Malchiyos (kingship), Zichronos (remembrance), and Shofros. Each section quotes ten pesukim that include the key word of that section. What

16 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 is the last passuk of Malchiyos? Shema There are two statements of Chazal heals a person after a fall by putting Yisrael Hashem Elokeinu Hashem Echad relating to shmiah, hearing, that stand a bandage on each individual injury, — where is the mention of melech? The out and must be better understood with Hashem, who can spiritually heal key word is missing! to give us an appreciation of the role a person with one bandage — shemias of listening on Rosh Hashanah and — the power of hearing — The Gemara,Rosh Hashanah 32b, haozen explains that this in fact is a dispute beyond. which is enough to spiritually repair the whole person. The proof is from among the tannaim: First, the Gemara in Bava Kama 85b Yisro, who heard about all that says if someone blinds another person Hashem did for the Jewish people and אמר רב הונא ת”ש שמע ישראל ה’ אלקינו ה’ he has to make restitution by paying .was inspired to join them אחד מלכות דברי ר’ יוסי ר’ יהודה אומר אינה the value of his eye, which is the מלכות. difference in price in the slave market What is the ear’s special power that R. Huna said come and listen [to a between a two-eyed and one-eyed slave makes it so valuable and powerful? proof from a beraisa]: The verse “Shema with all else being equal. However, if a Several years ago, I attended a Yisrael” is kingship. These are the words person injures another causing him to production at the NYU Skirball Theater of Rebbi Yosi. Rebbi Yehuda says that it become deaf — — he called “Not By Bread Alone,” performed is not kingship. nosein demei kulo needs to pay the entire value of what by the Israeli theater group Nalagaat, Rebbi Yosi says that shema Yisrael the person would have been worth on the world’s only blind-deaf professional counts as a passuk of malchiyos while the slave market if he was still able to acting ensemble. The actors Rebbi Yehuda argues that it’s missing hear. Why the discrepancy? communicate through touch, vibrations the key word. from a loud drumbeat, and occasional Second, the medrash in Shemos Rabba assistants. While the actors perform Rebbi Yehuda is right — the word (27:9) states: melech is absent — so why does Rebbi an earthy, tactile task — kneading and םאִ יִּפֹל אָדָם מֵ רֹהַ אשּגַ ג ָל כּגּופֹו הלֹוקֶ וְהָרֹופֵ א Yossi count it? baking bread, with the aroma wafting up from the ovens at the back of the נִכְ נַס אֶצְלֹו וְנֹותֵןלֹו רְ טִ ּיָה ְ ברֹאשֹו וְכֵ ן ְ ביָדָ יו וְכֵ ן stage — they share their thoughts on ְרַ בגְלָ יו ּובְכָל אֵבָרָ יו, נִמְ צָ א ֻכלֹו רְ טִיֹות. אֲ נִי אֵ ינִי Perhaps now that we understand subjects such as who they would most ָכְך, אֶ לָא רמ”ח אֵבָרִ ים ָאָדָםב הַ ּזֶה וְהָ אֹזֶן אֶחָ ד that shema means to accept, to want to give their bread to (a kind מֵהֶ ם,וְכָל הַּגּוף מְ לֻכְלָ ְך בַעֲבֵרֹות וְהָ אֹזֶן שֹומַעַ ת be mekabeil, there is no greater soul, a hungry child) and what life is all וְכָלהַּגּוף מְֵלקַ בחַ ּיִים, שִמְעּו ּותְחִ י נַפְ ְ שכֶ ם, declaration of Hashem’s kingship than about. Performer Itzik Hanuna’s searing לְכְָך אָמַ ר: שִמְ עּו דְבַ ר ֵ ה’ יתב יַעֲ קֹב. ן וְכֵאַ ָ תה kabala. The very essence of shema depiction of being trapped with his מֹוצֵ א ְ ביִתְ ֶ רֹו שעַ ל יְדֵ י ְמִ ש היעָ זָכָה לְחַ ּיִים, Yisrael is Malchiyos even if the root of own thoughts, not knowing if someone ָמַ ע ֶש ּׁשוְנִתְ ֶ ּגַּיֵר, שּנֶאֱמַ ר: וַ ּיְִמַ שע יִתְרֹו אֶ ת ָ כל .the word itself does not appear had entered his house, showcased the אֲ ֶשר עָ ָהש אֱֹלקִ ים לְ מ ֶ הש ּולְ יִשלְרָאֵ עַ מֹו וגו’. The sense of hearing and the power of listening in our fast-paced, If a person falls off a roof and his whole suffering and loneliness of someone multitasking world is not often body is injured, the doctor will place a who cannot hear. bandage on his head, his hands, his legs appreciated. I once read that good At the crux of what Chazal are teaching and every other organ. His body will listening is like tuning into a radio us is that the , the sense be completely wrapped in bandages. I chush hashemiah station; you can listen to only one of hearing, is at the core of connecting [God] am not like that. A person has station at a time. Trying to listen to to others and opening ourselves up 248 organs and the ear is one of them. my wife while looking over an office to outside influences. Perhaps that is The whole body is dirty with sins, but if report is like trying to receive two why a deaf-mute is halachically not the ear listens, the whole body receives radio stations at the same time. I end considered to have the necessary life, “Listen and your soul will live.” … da’as up with distortion and frustration. for certain halachic functions. We find the same regarding Yisro, who Listening requires a choice of where I [Parenthetically that also may be why through his listening merited life because place my attention. there is so much more recent halachic he heard and he converted. As it states, discussions about whether the status But is listening really so significant “And Yisro heard all that Hashem did of the has changed with sign that it should be the mitzvah of Rosh for Moshe and the Jewish people …” cheresh Hashanah? language and other innovations The medrash contrasts a doctor, who

17 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 allowing the deaf to communicate.] middle of the night, for so long, that show Hashem how we listen. We need Simultaneously, part of the made her realize there is value to living to commit ourselves anew to listening. life on this Earth. The connection that connection that hearing creates When that shofar sounds on Rosh listening, active listening, provides, is with the outside world demands Hashanah, it is not a passive mitzvah, very real. that we take responsibility to let in but a mitzvah to listen actively, to pay only positive influences. TheSefer We read in the krias Hatorah of Rosh attention, to accept on ourselves: enumerates nine mitzvos Hashanah the story of Yishmael being Chareidim 1) to listen to Hashem, to strengthen that depend on the ear, one of them, sent out of the house of Avraham with our commitment to mitzvos in to take our fingers and stick them Hagar, and that Yishmael became ill areas that may have been weak. In inside of our ears, as the Gemara, and eventually healed. The medrash a general sense to realize, become 5b, says: ( , Vayera 53:8) Kesuvos Bereishis Rabbah comfortable with and accept the records that the malachim said to yoke, the responsibility, but also the אלא מה טעם משופות כיתידות שאם ישמע Hashem, “Let him die. In the future opportunity for mitzvos. To focus on אדם דבר שאינו הגון יניח אצבעותיו באזניו his children will inflict so much at least one area where our listening to תנא דבי רבי ישמעאל מפני מה אוזן כולה damage on the Jewish people, end .His Torah may be lacking קשה והאליה רכה שאם ישמע אדם דבר it now!” Hashem responded: No! A שאינו הגון יכוף אליה לתוכה. person is judged , 2) to be willing to listen to criticism. Rather, what is the reason that [our ba’asher hu sham where he is right now, not based on One of the 48 traits necessary to fingers] are shaped like pegs? So that what the future will bring. Right now, acquire Torah is oheiv es hatochachos, if someone hears something that is not he deserves to live. to love mussar, to love rebuke, to love appropriate, he should stick his fingers criticism. It is hard to find fault in Is that rule really accurate? What in his ears. The school of R. Yishmael ourselves. It is very painful and many about the , the taught: Why is the ear hard and the ben sorer u’moreh defense mechanisms are initiated wayward son, who is killed (Devarim lobes are soft? So that if someone hears when those raw nerves are struck. Try 21), to which Rashi (Devarim 21:18) something that is not appropriate, he can to be open to it, maybe someone else explains that it is better he should fold the lobe into it. has a point, take criticism seriously. In die now innocent than in the future Our fingers are shaped as they are and the end we all gain. our earlobes are soft so as not to hear when he is full of sin. What happened 3) to really listen to others. To give a lashon hara or inappropriate speech. to “ba’asher hu sham”? Right now, he doesn’t deserve it? spouse, a child, a friend, a coworker, Our connections through listening take the attention he or she deserves when Rav Chaim Yaakov Goldvicht zt”l, on several forms. To listen to others. To needed. To put aside everything else to Ki Seitzei, listen to criticism. To listen to G-d. Asufas Ma’arachos and pay attention to people as we explained the distinction lies in would want from them when we are The great psychologist Viktor Frankl two words: the is ben sorer u’moreh speaking. We spend much of the time was once awakened at 3 a.m. by a described as “ ” he doesn’t eino shomea that others are talking to us thinking female patient who was about to listen, he is not willing to listen. If a about what we are going to say, instead take her own life. He stayed on the person won’t listen, can’t connect to of listening to what is being said. We phone with her for two hours and others, then his future is bleak. He need to commit ourselves to serious finally convinced her to come in the has lost his chance to be judged on a listening every day at least for a few morning to his office to talk further. “ba’asher hu sham” basis. When Frankl met her in the morning, minutes, without any distractions. Rosh Hashanah is not only a time he asked her, “Could you please tell Shema koleinu Hashem Elokeinu — to focus on our relationship with me, what was it that I said? What Hashem please hear our tefillos, our Hashem, but on argument did I suggest that was bein adam lachaveiro wishes, our desires for the coming year. as well. Hashem acts with us as He persuasive enough to convince you to See how we are committed to listening sees us act. If we want our tefillos to come here today?” She responded that to Your mitzvos and in that merit hear be heard, in all senses of the word, if it was nothing he said, but the fact that all of our tefillos, with mercy, so we all we want the piercing sounds of our he was willing to listen to her in the merit a kesiva vachasima tova. mitzvas shofar to be heard, we need to

18 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 The Power Rabbi Daniel Z. Feldman of Tzedaka , RIETS Rabbi, Congregation Ohr Saadya, Teaneck, NJ

MAKING A DIFFERENCE: PRIORITIES IN TZEDAKAH ven the most devoted one method of charitable donation manifold, often obscure, and at times practitioners of chesed (acts and disbursement in contemporary willfully misrepresented. While of kindness) and charity are times is the “rabbinic discretionary every area of Jewish law involves Ehuman and are restricted by the fund.” Rabbinic discretion is a special variables that affect the application of limitations of reality. Resources are kind — one that, by its very nature, halakhah, tzedakah would appear to finite; time, money, and emotional suggests a judgment informed by be complicated to the point of defying energy all require careful allocation. values that are rooted in legislated any regulation. To calculate urgency Since resources that are bestowed principles found in the Talmud and of need, priority, proportionality, in one place cannot be bestowed codes. The existence of the rabbinic honesty of supplicants and countless elsewhere, the halakhah has discretionary fund is indicative of other factors, and emerge with formulated principles of prioritization the unique place tzedakah occupies clear direction, is a daunting task. to guide the maximal fulfillment of within this reality. Nonetheless, when all is said and the crucial mitzvah of tzedakah In . On the one hand, tzedakah is done, individual judgment will general, the discussion is complicated a concrete religious obligation, steer the course. A frequent theme by the fact that the expression of in rabbinic responsa is that after codified in the Yoreh“ De’ah” section charity and chesed will generally carefully analyzing the pertinent of Shulchan Arukh along with much allow for some measure of personal of what makes up the curriculum halakhic aspects, it is up to the donor, discretion. Discretion, by definition, of rabbinic training. Nonetheless, administrator, or rabbi to assess the would seem to be incompatible with 1 the subjective factors applicable in application. regulation. It is noteworthy that evaluating charitable priorities are The Vilna Gaon is quoted as having

Adapted from Divine Footsteps: Chesed and the Jewish Soul (2009)

19 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 commentaries5 highlight the growth דינר, ויתן כל דינר מהם על צד הנדיבות, ,homiletically understood the verse resulting from continuously resisting לפי שזה ייכפל על ידו מעשה הנדיבות אלף -lo tikpotz et yadkha mei-achikha ha“ uncharitable impulses.6 פעמים, ויושג קנין חזק, וזה פעם אחת בלבד evyon,” “you shall not…close your התעוררה הנפש התעוררות גדולה למעשה hand against your destitute brother” Alternatively, there are those who טוב, ואחר כן פסקה מזה. וכן בתורה אין (Deut. 15:7), as an instruction about base a preference for multiple שכר מי שפדה אסיר במאה דינר, או נתן the evaluative responsibility contained donations over large single gifts צדקה לעני במאה דינר שהיו די מחסורו, כמו 2 within the tzedakah imperative. because of the enhancement accrued מי שפדה עשרה אסירים, או השלים חסרון When the hand is closed in a fist, all by the recipients. In other words, עשרה עניים, ואפילו בעשרה דינרים. ולזה .the fingers appear to be the same size diversification is ideal because the תקיש. וזה הוא ענין אומרו: לפי רוב המעשה ,However, when the hand is open world is better off when more people אבל לא על פי המעשה. it becomes clear that the fingers are helped, and the world is worse are all of different length. Similarly, The higher levels will not be attained by off when the minority benefits the appearance of objectivity in an individual through the magnitude disproportionately at the expense of tzedakah standards is deceptive. In of an action but rather through a others. real life, appropriate giving will always multitude of actions; for example, when require a judgment call based on the an individual gives a thousand gold Even if this is not a correct reading subjective elements. This discussion, coins to a needy person, and to another of Maimonides, it is explicitly the accordingly, will make no attempt to person gives nothing, he will not acquire position of the Bayit Chadash (Bach). finalize rules, but rather to present the quality of generosity through this In the laws of giving to the poor on some of the halakhic reasoning that one action as much as one who donates , the Bach states that it is clear has been established throughout the a thousand gold coins in a thousand to him that one who could give a large centuries. instances, and gave every coin in the gift to one needy person or smaller spirit of generosity, because the latter gifts to a hundred should opt for repeated the act of generosity a thousand the latter route, thus “sustaining one Concentration or 7 Diversification? times and achieved a strong acquisition, hundred lives.” This notion is alluded while the former aroused his soul to do to in the Talmud where it recorded One general question at the outset good once and then ceased; and thus the that one who offers all his priestly gifts 8 can be simply expressed as the issue phrase, all according to the multitude to one kohen “starves the world.” of quantity versus quality. What (rov) of the action and not magnitude The difference between the two is the preferred approach toward (godel) of the action. interpretations of Maimonides’ the distribution of a limited sum: a Others, such as the Maharal of Prague position is significant and directly focused, single gift of considerable and R. Yaakov Emden, adopted a relevant to an administered fund. If impact, or smaller allotments, making different perspective, emphasizing the preference for quantity is derived 4 possible a broader “sharing of the quality over quantity; Maimonides’ from the benefit to the soul, then such wealth?” position, however, appears to have a factor is relevant only to the donor exerted a greater influence on the Maimonides, commenting on the himself, and not to one administering halakhic literature. mishnaic phrase, “vihakol le-fi rov ha- the funds of others. If, however, the ma’aseh,”³ “everything is judged by the The reason for, and focus of, advantage is a reflection of wider “rov” of action,” asserts that: Maimonides’ view remains to be benefit being more halakhically desirable, this concern is directly ,determined. On the one hand שהמעלות לא יושגו לפי שעור גודל המעשה, Maimonides’ language suggests an relevant to an administered fund as well.9 אלא לפי רוב מספר המעשה. וזה, שהמעלות emphasis on the spiritual elevation אמנם יושגו בכפול מעשי הטוב פעמים רבות, that comes from performing a It is also conceivable, as is often the ובזה יושג הקנין, לא בשיעשה האדם מעשה mitzvah act. The benefits to the soul case, that the ideal path is somewhere אחד גדול ממעשי הטוב, שבזה לבדו לא יושג of the doer justify the dilution of in the middle. If diversifying the קנין. משל זה, שהאדם אם יתן למי שראוי the concentration of the act itself; donations can be done without אלף דינר, בפעם אחת ולאיש אחד, לא תושג the act impacts positively with diluting the effect to the point of לו מעלת הנדיבות בזה המעשה האחד הגדול, each repetition. Similarly, some insignificance, then such an approach כמו שתושג למי שיתנדב אלף פעמים באלף

20 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 is preferred. If, alternatively, only is not an obligation on the individual, funds. In the context of the mandate concentration will yield an effect of who is, indeed, absolved after having of tzedakah, the Torah warns, “… demonstrable impact, then that is the donated 20%, but rather on society you shall not harden your heart or path to take.10 as a collective.17 While the Rama’s close your hand against your destitute In any event, the principle that one opinion is not the only one on the brother” (Deut. 15:7). Thus, it bears 18 it is nonetheless compelling. should not direct all his resources matter, determining whether every refusal to Further, as R. Wosner observes, toward one recipient is codified in the give charity violates the two Biblical “reality” has ruled in accordance with commandments of “you shall not Shulchan Arukh.11 Nonetheless, as the the Rama: it is practically unrealistic harden your heart” and “you shall not Maharsham observes, it is likely that to assume that any individual, in a close your hand.” the Shulchan Arukh disapproves only modern economic context, can alone of a consistent policy of exclusivity. It is possible that these prohibitions undertake the support of someone An occasional concentration of efforts are binding even without an overt else to the point of “ ”19 on one needy case is not covered by dei machsoro. request on the part of the poor this admonition.12 Thus, according to the Rama, it is person; perhaps knowledge that there specifically a public fund, such as are needy people nearby is enough to Dei Machsoro the rabbinic discretionary fund, that create a responsibility. This appears has the responsibility of fulfilling to be the position of Maimonides After determining the method dei machsoro. Nonetheless, those in Sefer Ha-Mitzvot,21 although his of distribution, it is necessary to funds are likewise not infinite, and phrasing in Mishneh Torah has left determine what is demanded of prioritization will continue to take a open some room for question.22 the donor or disburser in relation strong role in the allocation process. The Rashba, however, seems to to a given recipient. The Torah, in Practically, then, dei machsoro is rarely restrict the obligation to one who has mandating the support of the needy, attainable; the concept, however, been approached directly.23 Some indicates a goal of supplying “dei remains instructive in defining some contemporary authorities assume this machsoro,” “his required need” (Deut. core elements within tzedakah, as will latter view to be normative.24 15:8). The Talmud understands be discussed below. The possibility of violating two this expansively, including even the A much more limited obligation of Torah prohibitions certainly is a provision of “a servant to run in front fulfillingdei machsoro concerns the factor when making the decision of him” if this is the accustomed roving supplicant, who is himself to bestow charity. However, many 13 standard of the recipient. R. Shmuel “diversifying” and can be assumed authorities limit the scope of these Wosner emphasizes, however, that the to be drawing support from multiple prohibitions. For example, R. Talmud limits the obligation at the sources. According to the Shulchan Meir suggests that the same time as it expands it: the same Arukh, such an individual is entitled prohibitions only apply in a situation passage rules that dei machsoro does only to a “small gift.”20 TheTaz where the entire responsibility of dei 14 not extend to enrichment. relates that there are a number machsoro is binding; when, however, Some question how such a policy of disputed points regarding this the petitioner will, in any event, can be reconciled with the Talmudic ruling, particularly as to whether the turn to other sources, they do not mandate that one not give away reference is to individual or public apply.25 Furthermore, others suggest more than 20% of one’s income, funds. He concludes by noting that that the prohibitions only refer to lest he himself join the ranks of the consensus seems to settle on a small reluctance resulting from a “hardening impoverished.15 Surely a standard of gift comparable to the value of one of the heart;” when the issue is dei machsoro would impose a much meal. limited funds, or questions as to the 16 qualifications of the recipients, they higher burden on the donor. The In addition to the positive may not apply.26 Along these lines, basis for the resolution of these commandment to provide for the R. Leib Baron suggests the following seemingly conflicting requirements is needs of the poor, there are two distinction: the positive obligation found in the rulings of the Rama. As Torah prohibitions that would seem of tzedakah is addressed both to the the Rama understands it, dei machsoro to apply to anyone approached for

21 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 material needs of the recipient and a disparity in this area, priority goes to in any event, the home of the Divine the spiritual needs of the donor. those in greatest need.30 presence.36 The prohibitions, however, are only However, even this rule is not A number of elements may play a role directed at the donor, instructing that absolute; the word “evyon” is preceded in the prioritization of the poor of he not allow his sense of compassion by the word “bekha.” When family Israel. For one thing, supporting this to be eroded. Accordingly, when he is is concerned, their needs come first, population is a direct fulfillment of justified in not giving, the prohibitions 27 even if others outside the familial the imperative to settle the Land of do not apply. group are more urgently lacking. This Israel.37 Another perspective, however, may be another area in which there is sees this priority as an expansion Prioritization between a distinction between private charity of the aniyei irkha principle.38 Individuals and an administered fund. R. Moshe This notion itself allows for two Feinstein suggests that a distributor possibilities. On the one hand, it may Perhaps the most famous principle of funds bears a greater responsibility be argued that the stake the entire of prioritization is that of “aniyei toward objectivity and thus must be Jewish nation has in the welfare of the 28 irkha kodmim,” — the poor of your more mindful of disparities in need. Land incorporates the Land of Israel city take precedence — indicating An individual donor, however, retains into the orbit of irkha; alternatively, preference to those in closest the right to bestow his largesse as he the fact that the whole world benefits proximity. The Meiri maintains that feels comfortable, and may be less spiritually from development in the this is the overriding priority, and all attentive to this criterion.31 Holy Land accomplishes the same other factors are evaluated only within status.39 this context.29 Thus, two distinct factors compete for priority in charitable giving: severity Authorities debated the status of A comment found in the later Biblical of need and closeness in relationship.32 individuals who are rooted in and commentary Panim Yafot has made a The analysis of thePanim Yafot was have a close connection to a Diaspora greater halakhic impact than might be adopted by his famous student, the community but are currently residing expected for a homiletic commentary, Chatam Sofer, who ruled accordingly in the Land of Israel. According to R. largely due to the author of that that all priorities of proximity are Chaim Sanzer, no preference is shown work having been R. Pinchas Halevi only operative in cases of comparable to this group, which is now a part of Horowitz, author of the Sefer Hafla’ah need, although he dispensed with this the larger population of the needy of and one of the primary mentors of standard when the recipient was the the Land of Israel.40 The Muncaczer the Chatam Sofer. The Panim Yafot father of the donor.33 Rebbe cites R. Chaim Volozhiner, identifies two significant textual clues who does recognize a preference The parameters of theChatam Sofer’s towards prioritization in the verse “Ki in this case.41 He then attempts yihyeh bekha evyon…,” “If there shall definition of family have sparked some 34 to reconcile the two approaches, be a destitute person among you…” analysis among later authorities. However, from the perspective of suggesting that the operative element (Deut. 15:7) The words bekha“ ” and is the question of whether this group “evyon” are of particular relevance. discretion, such delineation would be secondary to the emerging principle, is receiving any assistance already. “Evyon” is a stronger term for a Ultimately, he concludes that there is poor person than “ani,”, suggesting a balancing of the often competing elements of urgency and proximity. priority given, upholding the principle true indigence. Etymologically, the as established above: Those with the word is related to the word “ta’ev,” The next prioritized category in the closest connection to the donor come indicating “need.” This becomes a distribution of charity is aniyei Eretz first.42 guiding principle in prioritization: kol Yisrael, the poor of the Land of Israel.35 ha-ta’ev, ta’ev kodem — the neediest TheChatam Sofer posits that within Prioritization between Causes comes first. This is the dominant this category, the poor of Jerusalem rule, according to the Panim Yafot, take precedence over those of other In addition to a system of overriding even the priority of aniyei cities since the sanctity of the city prioritization among recipients, there irkha. All preferences of proximity outlasts the destruction of the Temple are preferences indicated between presume comparable need; if there is (kidshah le-atid lavo) and Jerusalem is,

22 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 different causes, once the urgent needs Endnotes 12 . Note that the Chatam Sofer, Responsa, of the poor without food have been Yoreh De’ah 229 exempts from this seen to. TheShulchan Arukh maintains 1. See, for example, R. , exhortation one who is supporting a parent. Responsa Iggerot Mosheh, Yoreh De’ah II, 115. 13. Ketuvot 67b. that one who has funds to spare See also R. Shmuel Wosner, Responsa Shevet could do no better with them than Ha-Levi I, 199; Responsa Givat Pinchas, 64; R. 14 . Responsa Shevet Ha-Levi VI, 130. to assist in the marrying off of poor David Shperber, Responsa Afarkasta De-Anya 15 . Ketuvot 50a. young women.43 Another priority in I, 183; and R. , Derekh charitable giving is Torah education. Emunah, Hilkhot Matnat Aniyyim 10:49. 16. See, for example, R. Yehudah Gershuni, in the journal Barkai, vol. 11, p. 77-81. The structure of the local school 2. See Responsa Teshuvot Ve-Hanhagot I, 567. 17. Yoreh De’ah 250:1. system is, to some extent, derived 3. Avot 3:15. from a system put into place by R. 18. TheShakh observes that the Rama follows 4. Maharal, Netivot Olam, Netiv Ha-Tzedakah, Yehoshua ben Gamla, who created a the Beit Yosef, against the Tur. See also Bach ch. 4 and R. Ya’akov Emden, Lechem and Biur Ha-Gra. centralized system for children to be Shamayim on Avot 3:15. 44 19 . Responsa Shevet Ha-Levi X, 13. See also educated outside of the home. In 5. See R. Yitzchak Sorotzkin’s Gevurat the opinion of some authorities, as a R. Chaim Elazar Schapiro, Responsa Minchat Yitzchak and R. Ovadiah Yosef’s Anaf Etz Elazar VI, 46. Note also Responsa Va-Ya’an result of this enactment, supporting Avot to Avot; compare, as well, Mitzvat Ha- David (Yoreh De’ah, 146), who notes a local schools is not only tzedakah but Tzedakah of the Lubavitcher Rebbe, #26. difficulty in the statement of theRama . part of the basic obligation of Torah Note also R. David Cohen, Birkat Ya’avetz I, p. 48. See also R. Aharon Yehudah Grossman, 20. Yoreh De’ah 251:3. study; others understand that it is Responsa Ve-Darashta Ve-Chakarta I, Yoreh 21. Prohibition #232. still tzedakah that is fulfilled, but of De’ah 35, in reference to the question of an even more mandatory nature.45 granting one large loan or many smaller ones. 22. Hilkhot Matnat Aniyyim 7:1. See Responsa Shevet Ha-Levi I, 199; R. Yisrael Meir Lau, Halakhic authorities quote from 6. The general question of the impact of earlier sources that in a community Responsa Yacheil Yisrael III, 15, and Reshimat quantity or quality in the halakhic realm Shi’urim She-Ne’emru Al Yedei Maran Rav Yosef in which not all parents are able to is one analyzed at length in Talmudic Dov Soloveichik, Shevu’ot, p. 175. afford tuition for their children, the commentary; see, for example, R. Yosef 23 . Shevu’ot 25a, citing earlier opinions. obligation falls on the community Engel’s Tov, #15, and in particular, the comments of the Ran, Yoma 4b in pages of 24 . See, for example, R. Yaakov Yeshaya Bloi, members as a whole in accordance the Rif, s.v. ve-garsinan, where it is suggested with their capacity to contribute.46 Tzedakah U-Mishpat, ch. 1, n. 3; R. Chaim that slaughtering an animal on Shabbat is less Kanievsky, Derekh Emunah, Hilkhot Matnat objectionable than eating non-kosher food Aniyyim, ch. 7. #7; R. Shimon Malkah, The needs of the larger world because the latter option involves repeated population, outside of the Jewish Mishpetei Shimon: ’ah Le-Or Ha- transgressions with each bite, even though Halakhah, pp. 12-16; and Responsa Mishneh community, also merit a place on the former is, by itself, more severe. [Note Sakhir, cited in Responsa Shraga Ha-Meir VIII, the list of causes supported by Jews. also R. Engel’s observation on Maimonides’ 90:5:2. While the Talmud mandates assisting comments in his Gilyonei Ha-Shas to Bava Batra, 9b.] 25. Imrei Binah, Orach Cha’im, 13:3. See the poor of the world “together with Tzedakah U-Mishpat, ibid., who considers this the poor of Israel,”47 authorities have 7. Bach, Orach Chaim 695. See also Magen position in combination with other factors ruled, following the Ran, that this Avraham, Orach Chaim 695:12. in assuming that the prohibitions are not language is not meant to exclude 8. Eiruvin 63a. violated when failing to respond to a letter appealing for funds. situations in which no Jews are 9. See R. Natan Gestetner, Responsa Le-Horot involved.48 Natan II, 102; R. Shammai Kehat Gross, 26 . See Responsa Avnei Yoshpeh IV, 101:2; Responsa Shevet Ha-Kehati II, 220; and R. Smag, prohibition #289); Einayim La-Mishpat, The opportunity to guide, direct, and Yitzchak Zilberstein, Chashukei Chemed, Bava Batra 9a; and Nikdash Be-Tzedakah, p. optimize the charitable sensitivities of Ketuvot, pp. 459-460. See also Pardes Yosef He- 231-232. public and private funds is a profound Chadash, Parshat Re’eh, #174. 27 . Misamchei Lev, 17. one. It is hoped that further study of 10. See R. Elyakim Devorkes, Be-Shvilei 28 . Yoreh De’ah 251:3. the underlying principles will hone Ha-Parshah, p. 71-2; See also Responsa the discretion to the point where Minchat Yitzchak VI, 102, and Responsa Shevet 29. Meiri, Ketuvot 85b. The works of the Meiri HaKehati II, 220. were unavailable for centuries; during that it is most reflective of the Divine time, this position was associated with the command. 11 . Yoreh De’ah 257:9. Responsa Shemesh Tzedakah, cited by the

23 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Pitchei Teshuvah. See footnotes to the Meiri. preference for Jerusalem, noting that the stems from an expansion of “irkha,” that factors presented would only apply to the notion would be doubly relevant if the 30 . It is noteworthy that some authorities old city of Jerusalem. R. Chaim Kanievesky, recipients share a geographical history. See factor into the equation the level of Derekh Emunah I, Hilkhot Matnot Aniyyim, R. Moshe Nachum Yerushalimski, Responsa embarrassment involved, thus according #239, assumes the issue is dependent on the Be’er Moshe I, 2, who discusses this question at priority to a potential recipient less needy but sanctity of Jerusalem in contemporary times. length. at risk of greater embarrassment due to his reluctance to ask for help, while others reject 37 . See Pe’at Ha-Shulchan, Hilkhot Eretz 43 . The question of how exactly to relate to this consideration; see R. Avraham Avidan, Yisrael 2:22. this priority when it conflicts with serving the Ahavat Tzedakah, ch. 9, 51, and fn. 163. needs of the severely destitute is addressed by 38 . See R. Avraham Yitzchak Kook, Responsa R. Ya’akov Meir Stern in the journal Mi-Beit 31 . Responsa Iggerot Mosheh, Yoreh De’ah I, Da’at Kohen, 133. Levi 16, pp. 101-108. 144. 39 . An extensive analysis of the priority given 44. Bava Batra 21a. 32 . See also the discussion in Responsa Avnei to the poor of the Land of Israel can be found Yoshpeh IV, 100. in R. Shmuel Gershon Marel, Zikhron Ya’akov, 45 . See Responsa Teshuvot Ve-Hanhagot III, 5. 283, and Responsa Shraga Ha-Meir IV, 64. 33 . Responsa Chatam Sofer, Yoreh De’ah, 234; chiddushim to Nedarim 80b. 40 . Responsa Divrei Chaim II, Choshen 46 . See Darkhei Moshe, Choshen Mishpat Mishpat, 68. 163, citing Rabbenu Yerucham, and Rama, 34 . See Responsa Shevet Ha-Levi V, 135:4. Choshen Mishpat 163:3, and Biur Ha-Gra, 80. 41 . Responsa Minchat Elazar IV, 8. 35 . Yoreh De’ah 251:3 47 . Gittin 61a. 42 . The dispute between R. Chaim Sanzer 36 . Responsa, Yoreh Deah, 234. See also Torah and R. Chaim Volozhiner may also be related 48 . Shakh, Yoreh De’ah 251:2, and Biur Ha- Temimah, Deut. 15, #22, who independently to the above question regarding the reasoning Gra. See also Responsa Avnei Yoshpeh I, 193, suggests the Jerusalem distinction. Responsa for the priority of aniyei Eretz Yisrael; if it and Emet Le-Ya’akov, Yoreh De’ah 251, fn. 137. Shevet Ha-Levi V, 135:5 questions the

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24 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 The Power Mrs. Sivan Rahav Meir of Tzedaka World Mizrachi Distinguished Visiting Lecturer at the Center for Israel Studies and The Straus Center for Torah and Western Thought

FOUR THOUGHTS ABOUT TZEDAKA

I. Associating Coins with and this 3-year-old didn’t even know pessimistic about education. I Tzedakah how to read. Even though the only assumed that I was the one educating print on the ball was the my child, not the advertising industry. ur family was once shopping company’s logo, it was enough for him What other subconscious messages at a large supermarket. Upon to understand the message. After all, was he receiving? checking out, the store gave he had been exposed to this message A short while later, we were at the Ous a gift: an inflatable rubber ball with countless times over his first three playground with a friend. Her children the logo of Strauss — one of Israel’s years of life and knew exactly what it were playing with her purse, and then well-known ice cream companies — meant. I noted to myself that he didn’t her 3-year-old daughter dropped a emblazoned on the ball. Our 3-year- say, “Please pick up the ball that says coin on the ground. “Ima,” she said, “I old son blew up the ball and started ‘Ice cream,’” but rather “Eat ice cream,” dropped the tzedakah!” playing with it on our way to the car in the command form. I thought, the until it fell. “Ima,” he said, “Please pick people in the marketing department She did not say she dropped the up the ball that says ‘Eat ice cream.’” definitely deserve a bonus. money or the coin, or the shekel. This My husband and I were amazed. piece of metal did not speak to her — This incident left me a little There was nothing written on the ball like most people — in materialistic

25 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 terms. We would immediately think II. Tzedakah to Counter Torah learning, circumcision, charity “what could be bought with such a Idolatry and Eretz Yisrael. He then explains coin, and where can we find more?” them one by one, but in a specific But she was educated from her Years later, I received a gift from my order. In his opinion, there is a ladder infant years that this coin is, first and father-in-law, a book by Rav Shlomo we must climb, from the first stage, foremost, used for charity. This coin Wolbe called HaMitzvot HaShekulot. to the second, and so on. One of Rav came into the world in order that Rav Wolbe was a great educator, Wolbe’s grandchildren once said that we could give it to others. That is its a student of the , who every day before he began to read purpose. The money that we have is brought the methods of the Mussar Shema, Rav Wolbe would close his not really ours; we are just a conduit Movement to a budding Eretz Yisrael. eyes and concentrate, thinking about to get it to the right place. What a He has raised generations of students the seven steps. “ ” — childhood lesson! with the concepts of self-thought girsa d’yankuta The first mitzvah on this ladder is and contemplation. In contrast to I smiled to myself. If it’s possible to denying idolatry. We cannot begin our his more famous books, such as Alei ingrain in us commercial messages spiritual quest if we are enslaved to Shor, HaMitzvot HaShekulot is almost from infancy, it is also possible to foreign concepts or if other values ​​are unknown. I started reading it and ingrain from infancy that money is sacred in our eyes. We must first know couldn’t put it down. first and foremost used for tzedakah. that the Torah is primary and only Rav Wolbe writes about the seven then can we move forward. Rav Wolbe mitzvot that our rabbis teach that writes that according to the Midrash, are “equal to the whole Torah.” They Avraham Avinu wrote a 400-chapter are: denying idolatry, , Shabbat, book detailing all the aspects of the

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26 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 idolatry in his generation. Today, there Denial of idolatry of all kinds is a command you: open your hand (patoach are far fewer physical statues and idols, foundation of the Torah. This denial tiftach) to the poor and needy kinsman but even in our generation we can must be expressed in deed: in charity. in your land. write a book about the various ways In an ability to separate oneself from Devarim 15:11 we are enslaved. money. In all charitable giving, man Why not just say open your hand? Then comes the second, yet somewhat admits that nothing belongs to him but Why does it say p.t.ch. two times — surprising, rung on the ladder — to God, and if he does not give charity, patoach tiftach? Many commentators tzedakah. Kindness fills the void he turns his money into idolatry. Charity explain that there are two aspects that is left when we rid ourselves of is a huge step forward away from of charity — the money itself and the yetzer (evil inclination). Giving enslavement to the world. the atmosphere created by the act of tzedakah is how we put into practice III. Innovative Charity giving. TheKli Yakar, for example, the first rung of the ladder. After all, writes “hanetinah b’yad v’hapiyus b’feh” much of our “idolatry” is about money So how do we climb to this second — the giving is with our hand and the — lust for money or using money to rung of the ladder? How do we give reassurance is with our mouth. That buy material items (clothing, cars, a charity properly? I recently heard is, we do not only consider the act of home). The person who climbs to the about “innovative charity.” This is giving, but also the way in which it second rung of the ladder and gives the type of donation that isn’t simply is given. The goal is not just to give tzedakah says: I am no longer enslaved debited automatically from our the money to the poor person, but to to wealth, to money or to materialism. account on a monthly basis (although think about how to restore him, how I freed myself. that too is very praiseworthy!); This to give him exactly what he needs, how to avoid shaming him, and how This is how Rav Wolbe describes it: is a well-planned act that gets to the heart of what tzedakah is about. to help him in a customized way that הכפירה בעבודה זרה למיניה היא יסוד Perhaps this is the intent of the Torah is most effective and sensitive to his התורה. כפירה זו חייבת להתבטא במעשה: in describing the mitzvah of tzedakah: needs. בצדקה. ביכולת להיפרד מהכסף. בכל נתינת Here are just two examples: In one ִ כי ַללֹא יֶחְ דאֶבְיֹון מִּקֶרֶב הָאָרֶ ץ עַ ל כֵן אָ נֹכִ י צדקה מודה האדם כי הכל לא שייך לו אלא it was customary for מְ ,neighborhoodצַּוְָך לֵ אמֹר ּפָ תֹחַ ַח ִאֶתפְ ת יָדְ ָךלְאָחִ יָך לַעֲ נִּיֶָך לה’, ואם אינו נותן צדקה – הוא הופך את all residents of the neighborhood to ּולְאֶבְ יֹנְָך בְאַרְ צֶ ָך. כספו לעבודה זרה. צדקה היא צעד ענק For there will never cease to be needy buy groceries on credit and pay the קדימה בהתרחקות מההשתעבדות לעולם. ones in your land, which is why I bill once a month. One Jew told the

Yom Tov Maaya donating his Torah to Beit Knesset Torat Chesed in Be’er Sheva.

27 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 grocer that when the poor came to managed to convey a simple but following phrase: “I’ll tell you how pay, the grocer should only charge for important message: every agurah happy they were.” The beggars’ joy half of the bill, and he would pay the is important. Every small donation in the story is simple, innocent and remainder himself. And so the poor counts. Everything adds up in the end. wholesome. They are not dependent took groceries like everyone else, paid A janitor can also write a Torah scroll. on the outside world, are not chasing like everyone else once a month and This too is a very innovative way to educational credentials or livelihood, felt no shame. This is a type ofmatan teach us about the value of giving. they are not trying to impress anyone. b’seter (secret giving) that involves While none of us want to be beggars, sophistication and attention. IV. Being on The Receiving End preferring always to be giving rather The second story I covered myself in than taking, Rabbi Nachman reveals the Israeli media. Yom Tov Maaya, But why talk about ourselves only as how each beggar has very high age 60, works as a janitor. He had donors? I do not want to offend the spiritual potential that has been a dream: to write a sefer Torah readers, but in a certain sense — as hidden from us. scroll, but he knew that this was an Rabbi Nachman of Breslov explains In these days of repentance and self- expensive task. For seven consecutive — we are all beggars as well. Yes, this improvement, it is very empowering years (!), he finished his regular job is true even if we give a lot of tzedakah to know that we are imperfect, that and then went out to collect plastic and have a high net worth. We are all we have the ability to let go and reveal bottles. For every bottle returned to beggars of attention, of relationships, the flaws and deficiencies that are the store he earned back 25 agurot of love. “No man is an island,” wrote within us. In a world that emphasizes (¼ of a shekel). He collected bottle English poet John Donne. We need individualism and personal after bottle, shekel after shekel, and others, not for their money, but for accomplishments, Rabbi Nachman of managed to accumulate the necessary their smile, their presence and their Breslov provides us with great comfort amount to purchase a sefer Torah. He warm embrace. And in the age of that lies in our ability to admit that we then announced that the sefer Torah social media, sometimes we just need also sometimes need help. would be donated to the institution their “likes.” Positively embracing May we all merit to see a coin and that he deemed most appropriate. An others on social networks can really associate it directly with charity, Israeli radio station hosted him on a be “social charity” for some people. destroy idolatry by giving our money special program in which he told his Rabbi Nachman of Breslov dealt to others, find innovative ways to give story. Out of 1,326 applications, his extensively in his writings with the charity sensitively and effectively, and final choice was a synagogue in the lessons we can learn from beggars. admit that we are — sometimes — city of Sheva that was established He begins his famous story “The beggars. in memory of a police officer who Story of Seven Beggars” with the perished in a fire. Yom Tov Maaya

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MANAGING MAASER KESAFIM

Maaser Ani or Tzedakah from all his earnings and proceeds position, maaser kesafim is the annual as well, a practice that is known as and broader financial equivalent of he only mitzvah that the maaser kesafim. In fact, Yaakov even maaser ani, the pauper’s tithe, which is Torah records all three of the tithed his own children by dedicating the requirement to set aside one tenth avos (forefathers) performing, Levi and his descendants to the of the produce grown every third and Taside from prayer, is the mitzvah of constant service of Hashem and the sixth year of the shemittah cycle to be maaser, tithing. Thepasuk states in Jewish people in the Beis Hamikdash.1 distributed to the poor. connection with Avraham, “and he Nonetheless, the normative practice to The Taz notes that his father-in- gave him maaser from all” (Breishis tithe earnings is not predicated on the law, the Bach, disagrees and writes 14, 20). Similarly, we are told, “And precedent of the avos, but is rooted in that the notion of tithing earnings Yitzchak sowed in that land and he the Sifrei cited by Tosfos (Taanis 9a), is merely a praiseworthy custom found in that year one hundred-fold” which derives from the pasuk “you but not a formal obligation. This is (Breishis 16, 12). Rashi explains that shall tithe all the seed crop” (Devarim also the position of the Maharam Yitzchak only measured his harvest 14, 22). This is interpreted to mean MiRutenberg cited by the Pischei for the purpose of separating maaser. that the concept of tithing applies Teshuvah (331, 2) and the prevailing Finally, the Torah tells us that Yaakov not only to crops and agricultural opinion of the vast majority of promised Hashem, “and everything produce but to all forms of profit contemporary poskim.3 The Chida that You give me, I will surely set aside and financial earnings. The fact that (Birkei Yosef YD 259:3) explains that maaser to You” (Breishis 28, 22). tithing earnings is mentioned in the according to these authorities, the According to the Pirkei d’Rebbi Eliezer context of tithing produce leads the entire institution of maaser kesafim (Ch. 33) and the Medrash Rabba Tosfos Chadashim (Pe’ah 1:1), the is not part of the regular system (Breishis 70, 7) cited by the Daas Mordechai (BK 192), and later the Taz of tithing, but rather represents Zekeinim M’Baalei Ha’Tosfos, Yaakov (YD 331, 32) to suggest that tithing the recommended amount of not only separated maaser from his earnings is an obligation just like tzedakah, charity, that each person agricultural produce and harvest, but tithing produce.2 According to their should give on a yearly basis. This

37 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 view is supported by the fact that kesafim, since maaser kesafim is part of (Iggros Moshe YD 2:113) argues that maaser kesafim is presented by the the ordinary mitzvah of tzedakah that maaser funds should not be used for Shulchan Aruch (YD 249:1) in the does not enjoy the same guarantee as tuition, since it is incumbent on every context of the general obligation to tithing.4 parent to teach their children Torah give tzedakah, where the Shulchan and halacha, and to generally provide Aruch writes, “under ordinary Using Maaser for Mitzvos? them with a comprehensive Jewish circumstances, a fifth of one’s education that will enable them to property is most laudable, to give In light of the Rema’s view that maaser become independent, proficient, one-tenth is the average disposition, kesafim is a form of tithing similar and practicing religious Jews.7 In but to give less than one-tenth is to maaser ani, the pauper’s tithe, we contemporary times, where it is sting y.” can justify the Rema’s (YD 249:1) customary and expected for young insistence that maaser kesafim also men and women to study in a yeshiva Tithe So That You Will Become be distributed specifically to the or seminary, even post high-school Wealthy poor and not allocated toward other or mesivta, it is debatable whether or mitzvos. However, the Shach (249:3) not maaser funds can be used for this There might be several important maintains that maaser kesafim may purpose.8 issues that hinge on whether maaser be used for other mitzvos, perhaps Parents who are assisting their kesafim is considered to be one of because he argues and believes independent or married children the tithes, akin to maaser ani, or that maaser kesafim is similar to with basic expenses may undoubtably whether it is considered regular conventional tzedakah, which is not use maaser funds for this purpose.9 charity and tzedakah. For example, necessarily reserved exclusively for However, if possible, it is generally not 5 we are generally told not to perform the poor. Nonetheless, maaser funds ideal to consign all of our tzedakah mitzvos with the explicit intention should not be used whenever we will funds toward one recipient, even if of gauging Hashem’s response and derive any kind of personal benefit. the sole beneficiary is our own child.10 measure of reward, as the pasuk states, Therefore, whilemaaser funds can In fact the pasuk states, “Happy are “you shall not test Hashem, your be used to purchase aliyos in shul those etc. who perform charity, bechol God” (Devarim 6, 16). There is one or to make benevolent institutional eis, at all times” (Tehillim 106, 3), notable exception: The verse assures contributions, they should not be and the Gemara (Kesubos 50a) asks, us with regards to tithing, “and test used to purchase items for private “is it possible to perform charity at all Me now therewith, says Hashem, to use such as seforim, teffilin, mezuzos, times? Are we always in the presence see if I will not etc. pour down for you daled minim, , etc. or to pay shul of paupers?” To which the Gemara blessing” (Malachi 3, 10). Hashem’s membership dues where we receive resolves, “this is referring to one 6 unequivocal pledge to reward all those tangible items or privileges in return. who sustains his own children.” The who tithe properly with prosperity is Similarly, when using maaser funds Gemara emphasizes that supporting recorded by the Gemara (Taanis 8b) for a dinner to benefit a charitable our own children is a continuous with the formulation, “Tithe [aser] organization, we should deduct the mitzvah of tzedakah. Nonetheless, the shall you tithe [te’aser]” (Devarim 14, real value of the meal. pasuk states, “he should not come, 22), take a tithe [ ] so that you asser Moreover, the Be’er Hagolah (249:5) bechol eis, at all times, into the holies” will become wealthy [ ].” The tisasher claims that maaser funds can never (Vayikra 16, 2), from which the Rema (YD 247:4) asserts that it is be used for obligatory mitzvos, only Chafetz Chaim homiletically derived likewise permitted to test Hashem for optional or voluntary mitzvos. that one who only engages in tzedakah when taking maaser kesafim, because For this reason, Rav Moshe Feinstein that is “bechol eis,” “at all times,” is also a form of maaser kesafim (Iggros Moshe, YD 1:143) asserts because he utilizes all of his charitable tithing. However, the Pischei Teshuvah that since parents are obligated to funds to assist his own children, is (YD 247:2) cites Rav Yaakov Emden support their children until they prevented from entering into the holy and the Shelah Hakadosh who disagree become self-sufficient or married, sanctum of Hashem.11 and argue that it is prohibited to test they may not use maaser funds to do Hashem when separating maaser so. Additionally, Rav Moshe Feinstein

38 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 Exclusions and Earmarks expenses.15 Moreover, if a child who is such as in a real estate 1031 exchange, currently receiving parental support the profits might not be subject to The Rema YD( 251:3) states obtains a temporary or part-time job maaser, since the proceeds were unequivocally that the notion where they earn their own salary, or never distributed. On the other hand, of giving charity beyond the gets married and receives wedding any profits that were extracted and rudimentary mitzvah of tzedakah gifts, it is still doubtful whether or not distributed from a business that rose — one-third of a shekel per year they would be obligated to separate in value, even if they were obtained — is only applicable to those who maaser, since by giving maaser now, through the refinancing of a loan, can afford their own basic living they would be causing their parents might arguably be considered realized expenses. However, the mitzvah to to provide them with more money in gains that would be subject to the separate maaser from produce applies the future to defray their basic costs of minhag of maaser. to everyone equally, regardless of living.16 their personal financial predicament. Tzedakah and the Yomim Therefore, whether or not someone Deductions and Distributions Noraim who is accepting financial assistance from the community in order to pay All forms of profit are subject to the According to the Gemara (Rosh for their ordinary expenses should minhag of maaser, including monetary Hashanah 16b) tzedakah is one of the be separating maaser kesafim might gifts or an inheritance.17 However, a few mitzvos that can fundamentally depend on how maaser kesafim is loan is not considered a form of profit improve our judgement for the viewed, as tzedakah or as a form and would not be subject to maaser.18 coming year, as reflected in the 12 of tithing. Practically, Rav Moshe Any losses or business expenses, familiar refrain, “repentance, prayer, Feinstein (Iggros Moshe YD 2:113), including income tax, should be and tzedakah remove the severity of Rav Moshe Sternbuch (Teshuvos deducted from the gross profits before the decree.” Moreover, only through Ve’hanhagos 1:560:3-4) in the name calculating maaser.19 The losses of one giving tzedakah between Rosh of the Brisker Rav, and Rav Elyashiv business venture may be deducted Hashanah and Yom Kippur can we (cited in Be’orach Tzedakah pg. 45) from the proceeds of a different truly behold and bask in the presence have ruled that since maaser kesafim business venture, as long as they occur of Hashem throughout the year. The is treated as a minhag, it should only within the same accounting period.20 culmination of the Yomim Noraim is be practiced by those who can afford It is recommended that one day a punctuated by the mitzvah to dwell to do so. Therefore, it is permissible year, perhaps Rosh Hashanah, or if in the sukkah, which represents the to use maaser funds for our own more convenient, December 31, be personal chamber of Hashem.24 The necessities, including tuition, when designated as the formal conclusion Divrei Chaim notes that the key to the only other available option is of the annual accounting period for entering into the sukkah and ultimately community sponsored financial the purposes of calculating maaser.21 encountering the presence of Hashem 13 assistance. Additionally, capital gains from the is the mitzvah of tzedakah, as suggested Independent adult children who are sale of any asset should be adjusted for by the dimensions of the sukkah itself. being supported by their parents inflation according to the Consumer Minimally, the sukkah must have 22 might be exempt from separating Price Index (CPI). two full walls that are seven tefachim (handbreadths) wide and ten maaser for an additional reason. While When calculating maaser, only tefachim monetary gifts are generally subject realized gains or distributions need tall, a third wall that is one tefach wide to maaser kesafim, any gift that is only to be included. Any profit that is the and ten tefachim tall, and a roof that is given conditionally and earmarked result of an asset increasing in value is seven tefachim wide by seven tefachim long, for a total of 199 square , for basic support and expenses would only subject to maaser once the asset tefachim 14 be exempt from maaser. Therefore, is sold and the proceeds are received. the same numerical value as the word children should generally not be We are not required to sell an asset “tzedakah.” In the merit of the mitzvah separating maaser from funds that that has risen in value in order to of tzedakah and the minhag of maaser, may we all be blessed with a year of their parents have provided for them, separate maaser from the profits.23 If when it is for the express purpose an investment is sold and immediately prosperity and to continuously reside of covering their ordinary living rolled over into another investment, in the shade of Hashem. Endnotes Rav Yaakov Kamentsky, Emes Le’Yaakov (YD expense that may be deducted from her salary Note 134). before calculating maaser. TheShiurei Kenesses 1. This implies that one-tenth of all assets and 9. Shulchan Aruch (YD 251:3). Hagedolah (YD 249) and Rav Yosef Karo possessions should be tithed, which leads Rav (Avkas Rochel 3) maintain that even personal Moshe Feinstein (Iggros Moshe EH 4:26) to 10. Shulchan Aruch (YD 257:9). or household expenses may be deducted claim that we are also obliged to designate 11 . Cited in Kol HaTorah Vol. 39 pg. 89. before calculating maaser. Therefore,maaser would only apply to the expendable income one-tenth of our time as well to charitable 12 . See Dovev Meisharim (3:84), as well as, Rav that we earn above and beyond any business projects and helping others. Moshe Feinstein (Iggros Moshe YD 2:112), or household expenses. This position is 2. Within this position that maaser kesafim Rav Yitzchok Weiss (Minchas Yitzchak 6:110), challenged by the Chida (Birkei Yosef 249:5) is a formal obligation and part of the system Rav Moshe Sternbuch, (Teshuvos Ve’hanhagos and the Aruch Hashulchan (249:7). See the of tithes, there is a significant dispute among 1:560:2), and Orchos Rabbeinu (3:138). Kitzur Shulchan Aruch (34:4), Tzitz Eliezer the authorities as to whether it is a biblical 13 . Rav Shlomo Zalman Aurbach (cited in (10:6), and Tzedakah U’mishpat (5:8) who or perhaps only a rabbinic obligation. For Kol HaTorah Vol. 39 pg. 89) adds that maaser note that the majority of poskim have ruled in example, see Teshuvos Chasam Sofer (YD funds can certainly be used for any portion accordance with the latter opinion. 2:232), Teshuvos Noda B’yehudah (YD 73), of the regular tuition bill which is directed 20. Pischei Teshuvah (YD 249:1). In the same and Aruch Hashulchan (YD 249:5). towards helping subsidize those who can’t business venture, losses may be deducted 3. Therefore, the Chafetz Chaim Ahavas( afford to pay tuition. even if they occurred in a different accounting Chesed 18:2) recommends that when giving 14 . Rav Yechezkel Feinhandler, Be’orach period than the profits. Therefore, Rav Shimon maaser kesafim for the first time, we should Tzedakah (pg. 135). Taub, The Laws of Tzedakah and Maaser (pg. stipulate and have in mind that we are only 143-144) quotes from Rav , that doing so voluntarily, and without any intention 15 . Rav Moshe Feinstein, (Iggros Moshe one who went to school to earn a degree with to accept a vow to do so in the future. Similarly, YD 2:112), Rav Shlomo Zalman Aurbach the intention of using it to earn a livelihood if we mistakenly thought that maaser kesafim (cited in Kol Hatorah vol. 39 pg. 94), and Rav would be permitted to deduct the tuition and was a formal obligation and later discovered Elyashiv (cited in Be’orach Tzedakah pg. 136). other costs incurred in the pursuit of obtaining that it is only a minhag, we would not have to 16. Rav Herschel Schachter in the name that degree, and would only become obligated abrogate or renounce our vow, since the oath of Rav Yaakov Moshe Lessin. See also Rav to separate maaser when his earnings have was taken under false pretenses, see Shulchan Yechezkel Feinhandler, Be’orach Tzedakah surpassed the sum of those costs, see also Kol Aruch (YD 214:1). Additionally, since maaser (pg. 45) in the name of Rav Shmuel Vosner. Hatorah (vol. 39 pg. 89) in the name of Rav kesafim is generally treated as a minhag and not However, Rav Yaakov Emden, Sheilas Yaavetz Shlomo Zalman Aurbach. a formal obligation, the parameters and limits (1:6) notes that a couple that is financially of the minhag might not have rigidly defined independent should be separating maaser 21. Chavos Yair (224), Aruch Hashulchan or universal rules. Rather, at least to a certain from wedding gifts they receive.Be’orach (249:1) and Iggros Moshe (YD 1:143). degree, each person’s minhag might be shaped Tzedakah (pg. 352) quotes Rav Vosner 22. Rav Moshe Feinstein, Iggros Moshe (YD by their own mindset and specific assumptions that since maaser is only a minhag, children 2:114), Rav Shlomo Zalman Aurbach, cited when they initially undertook to separate are not required to separate maaser on bar in Kol Hatorah (vol. 39 pg. 87), and Rav maaser. or bas mitzvah gifts. However,Be’orach Moshe Sternbuch, Teshuvos Ve’hanhagos (Vol. 4. TheAruch Hashulchan (6) and the Tzedakah (pg. 46, 138, 370) cites Rav Avigdor 1 560:5). With regards to the sale of a private Chafetz Chaim (Ahavas Chesed 18, 1) rule in Nevenzhal, Rav , home, presumably any expenses related accordance with the Rema. and Rav Nissim Karelitz who argue that directly to maintaining the house, such as the children should be trained to separate maaser cost of capital improvements, real estate taxes, 5. TheChasam Sofer (YD 331) cited by Pischei on bar or bas mitzvah gifts. Alternatively, Rav home insurance, mortgage interest, electric Teshuvah (249:2) adds that if we only began , Emes Le’Yaakov (YD and gas bills etc. should be deducted from the practice of separating maaser kesafim Note 132) suggests that all wedding or bar the proceeds of the sale prior to calculating with the assumption that it could be used for or bas mitzvah gifts should be exempt from any maaser obligation. It seems that under mitzvah purposes, then it would be permitted maaser since there is a general expectation most circumstances, after deducting overhead even according to the Rema. that those gifts will be reciprocated, therefore expenses and adjusting for inflation, we would 6. Taz (YD 249:1), Chochmas Adam it should be considered as a loan (see Bava rarely profit from the sale of a private home in (144:11), Nachlas Shiva (8:2), Aruch Basra 145b) which is not subject to maaser. a way that would trigger the minhag of maaser. Hashulchan (249:10), and Rav Yaakov 17. Pischei Teshuvah (YD 249:1) and Rav Moreover, Rav Elyashiv (cited by Be’orach Kamentsky, Emes Le’Yaakov (YD Note 134). Chaim Kanievsky, Derech Emunah (Matnos Tzedakah pg. 129) is of the opinion that we 7. However, see Rav Yitzchak Blazer, Pri Aniyim 7:7). would not be required to separate maaser Yitzchak (2:27) and Orchos Rabbeinu (1:198) from the sale of any personal residence which 18. Rav Yaakov Yeshaya Bloi, Tzedakah is not considered to be an investment. who disagree. U’mishpat (5:5). 8. See Rav Moshe Sternbuch, Teshuvos 23 . Rav Moshe Sternbuch, Teshuvos 19. Pischei Teshuvah and Taz (YD 249:1). Ve’hanhagos (Vol. 1 560:7). Ve’hanhagos (Vol. 1 560:4), Rav Yaakov Tzedakah U’mishpat (5:35) considers Yeshaya Bloi, Tzedakah U’mishpat (6:14), and childcare for a working woman as a business 24. Zohar (Emor 103b).

40 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 The Power Rabbi Mordechai Torczyner of Tzedaka Rosh Beit Midrash, Beit Midrash Zichron Dov of Toronto, an affiliate of Yeshiva University and Torah MiTzion

$ $ $ $

THE PLEDGE: COMMITMENT, CONVEYANCE, CONSECRATION

Even the breath of the mouth has a place prayer, and tzedakah remove the evil human voice is an instrumental actor and position, and G-d does with it as He of the decree.”1 in all three: does. In traditional machzorim, the three Even a person’s word, even a person’s • Repentance: Theviduy means of overcoming a harsh decree admission of sin is an essential voice is not for nothing; all have a place are crowned with three words: and position. step in repentance, both for the 3 4 .individual and the community צום קול ממון Zohar, Mishpatim 100b The rabbis stipulated that this ותשובה ותפלה וצדקה n Rosh HaShanah shall admission is viduy devarim — be inscribed, and on Yom 5 In English: verbal admission. Kippur shall be sealed — Ohow many shall pass, and how many Fasting Voice Money • Prayer: We tend to follow shall be created. The classicpiyut of Repentance Prayer Tzedakah Chanah’s model of silent prayer UNetaneh Tokef begins with death The three superscript words identify for our amidah, but rabbinic and birth, and continues to describe means for practicing each of the literature praises vocal prayer for destinies desirable and devastating, 6 exculpatory tactics.2 However, its aesthetic beauty, and its ability until the Machzor offers the reader a 7 assigning our voice to prayer alone to help us focus our thoughts and life preserver, “And repentance, and 8 does it a disservice. In truth, the express our emotions.

41 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 • Tzedakah: We may fulfill the Beit haMikdash), with an eye toward But a third dimension, hakdashah tzedakah imperative simply by selling it to the Beit haMikdash — but (consecration), testifies to the providing assistance to a needy she warned him not to mention a value presence of something beyond simple person, but a pledge to give personally, because “saying it is for [the legalism: sanctity.14 Pledging tzedakah tzedakah holds the powers of Beit haMikdash] is the equivalent of imbues our wealth with holiness. 10 commitment, conveyance, and handing it over to a regular person.” As we have said, halachic authorities even consecration. In other words — a mere hint of a equate pledges of tzedakah with Looking closer at the three powers pledge would be sufficient to convey consecration, in that both remove of a pledge, we will see that each one the item to the Beit haMikdash. funds from the donor’s control makes a halachic impact. Rabbi Menachem Meiri11 explained immediately. There is another the mechanism that creates this ramification, too, regarding the Commitment transfer. A landowner automatically rabbinic campaign to eliminate vows. acquires items located on that land as Tanach 15 and the Talmud16 weigh in On a basic level, a tzedakah pledge soon as the items’ owner states a wish against taking vows, even when we is a promise; the speaker commits to to transfer them to the landowner. actually follow through and fulfill the contribute to a particular cause, and Since Hashem owns the world, any commitment. Therefore, Rambam17 is bound to fulfill his or her word. declaration donating property to the ruled that one who has taken a vow Therefore, theShulchan Aruch warns: Beit haMikdash already transfers the should proactively seek to repeal it. property to Hashem, via Hashem’s However, Rambam wrote that we צריך ליזהר מלידור ואם פוסקים צדקה וצריך ,ownership of the land on which it is should not repeal vows of hakdashah לפסוק עמהם יאמר בלא נדר. One must be careful not to vow. And if located. And while the language of the because fulfilling them is a mitzvah. [the community] commits to a campaign Talmud and the Meiri’s logic would Maharam Mintz wrote that the same for tzedakah and one must commit with seem to apply only when dedicating applies for vows pledging tzedakah, them, one should say, “Without a vow.” materials to the Beit haMikdash, equating them with hakdashah; these Shulchan Aruch, Yoreh Deah 257:4 classic halachic authorities have should stand, and should be fulfilled.18 applied it to tzedakah pledges as Rabbi Shabbtai haKohen added that well.12 we should say “without a vow” even The Shabbat Problem if the text of a pledge or mi shebeirach Within the view that a pledge indeed does not include formal language transfers the funds, normal hatarat Equation of tzedakah and hakdashah associated with vows; the default nedarim is ineffective. As explained leads to a halachic problem. The Sages assumption is that this is a vow, until in detail by Rabbi Pinchas Zvichi,13 a prohibited hakdashah on Shabbat and stated otherwise.9 normal vow may be repealed based on Yom Tov, lest we come to record the 19 the would-be donor’s regret. However, transfer in writing. How, then, may we pledge tzedakah in connection Conveyance repealing a pledge that transfers the money would require demonstrating with an to the Torah on Shabbat or Yom Tov?20 If a pledge were only a vow, we could that the pledge’s conveyance was repeal it via hatarat nedarim. However, actually made in error. Some contend that the decree against a pledge of tzedakah may be different, hakdashah was not created for this sort because it may remove the pledged Consecration of pledge, either because it provides funds from the donor immediately, tzedakah needed that day, or because even before they have been transferred The fact that a pledge creates a binding we are obligated to give tzedakah in physically. The concept of speech commitment testifies to the legal general.21 Other authorities permit as conveyance is illustrated in the power of our speech. The fact that these pledges because despite their following story. a pledge may pluck property from role of consecration, their structure a donor’s hands and place it in the is significantly different from that of The son of the sage Yosi ben Yoezer found hands of the needy or a fund testifies hakdashah: a gem inside a fish. His wife advised him to the legal power of the Divine grasp. to bring it to the gizbar (an agent of the

42 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 • The donor does not verbalize a And in the case of a tzedakah pledge, 5. Rambam, Mishneh Torah, Hilchot Teshuvah pledge; the gabbai is the speaker;22 the spiritual power of our speech 1:1. spreads holiness heavenward. A 6. Aruch haShulchan, Orach Chaim 101:8. • The donor does not dedicate a Tosefta states: 7. Mishneh Berurah 101:11. particular object, but only incurs .Zohar, Bereishit pg. 132a .8 אמר ליתן ונתן נותנין לו שכר אמירה ושכר a debt;23 .Shach, Yoreh Deah 203:4 .9 מעשה. אמר ליתן ולא הספיק בידו ליתן נותנין לו שכר אמירה כשכר מעשה. לא אמר ליתן A tzedakah donation becomes the • .Talmud, Bava Batra 133b .10 אבל אמר לאחרים תנו נותנין לו שכר על כך ... property of all Jews, including the donor.24 If one pledges to give and gives, he is 11 . Commentary to Kiddushin 28b, citing rewarded for the speech and the deed. If Talmud Yerushalmi Kiddushin 1:6. Consecrating Our Soul and one pledges to give, but does not succeed 12 . Rif to Bava Kama, 18b b’dapei haRif, Our World in giving, he is rewarded for the speech, Ran Nedarim 29b-30a. The position of the is unclear; see like the reward for the deed. If one does Shulchan Aruch Shu”t Ateret Paz I 2: Yoreh Deah 10:5-6. We see that our tzedakah pledge not pledge to give, but one tells others to uses speech to articulate a give, he is rewarded for this, etc. 13 . Shu”t Ateret Paz I 2:Yoreh Deah 10:5. binding commitment, conveys Tosefta Peah 4:17, Lieberman ed. 14 . This link to hakdashah (consecration funds from donor to recipient, of property) is not necessarily meant to be The Chafetz Chaim commented on and creates sanctity with the taken entirely literally — for example, we this, “A Jew’s speech, pledging to give would not permit a tzedakah fund to charge power of consecration, if not the tzedakah, perform chesed or engage in interest for loans it extends, even though the formal language and structure of any similar mitzvah, creates sanctity in Beit haMikdash may do so. See Mordechai consecration. But there is more to the Bava Metzia 286-287 and Beit Yosef, Choshen the heavens, and one is rewarded for consecration achieved in a pledge; our Mishpat 227. this.”25 speech draws all aspects of our soul 15 . See Devarim 23:23 and Kohelet 5:4. As we navigate the Yamim Noraim, into this mitzvah, and creates holiness 16 . See Chullin 2a and Nedarim 22a. even in the heavens above. correcting our errors and establishing a pure path forward, may we harness 17. Mishneh Torah, Hilchot Nedarim 13:25. Speech draws on all aspects of our our voices for the viduy of repentance, 18 . Shu”t Maharam Mintz 73. Tosafot Chullin soul. Rabbi Chaim of Volozhin wrote: may we channel their music to 2b aval notes that vows made for Divine ,beautify and focus our prayer, and assistance in a time of need have a special וגם בכל תיבה יש שלשה בחינות מעשה דבור positive pedigree, as Yaakov made such a vow. .may we apply their authority toward They stand apart from other vows מחשבה נר"ן והם אותיות ונקודות וטעמים ,tzedakah, pledging commitments שבה ... ולכן העובד האמיתי בכוונה רצויה 19 . Talmud, Beitzah 36b-37a. conveying assistance, and imbuing יכוון לשפוך ולדבק יחד בתפלתו כל השלשה . Regarding reciting a mi shebeirach in ourselves and the heavens above with 20 בחינות נפש רוח נשמה ... Each word has three aspects: speech, holiness. the merit of prayers, instead of the merit of tzedakah, see Rabbi Yosef Dov Soloveitchik’s thought and deed; nefesh, ruach and disapproval, recorded in Nefesh haRav pg. 143. neshamah, which are the letters, vowels Endnotes 21 . See Or Zarua II Hilchot Shabbat 50. and t’amim of the word … Therefore a true servant, with the desired focus, 1. This formula is found in Yerushalmi 22 . Ibid. should focus on pouring out and joining Taanit 2:1 and Bereishit Rabbah 44:12 (Vilna 23 . Meiri and Ran to Shabbat 150a. edition), based on Divrei haYamim II 7:14. together in his prayer all three aspects, 24 . Magen Avraham 306:11. nefesh, ruach, and neshamah, etc. 2. They also emphasize the equal weight we 25 . Ahavat Chesed 2:16, in a footnote. Nefesh haChaim 2:16 assign to each of the strategies, as these three words share the same gematria value (136). Speaking for a particular purpose (Hagahot haMinhagim 136 to the 15th- pours our soul into that purpose. century Sefer haMinhagim of Rabbi Yitzchak With a pledge of tzedakah, then, we Tyrnau.) invest our entire souls into this sacred 3. Vayikra 5:5 and Bamidbar 5:7. mitzvah. 4. Vayikra 16:21, 26:40.

43 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780 44 Rabbi Isaac Elchanan Theological Seminary • The Benjamin and Rose Berger CJF Torah To-Go Series • Yamim Noraim 5780