בס“ד

Parshat Mishpatim 27 Shevat, 5776/February 6, 2016 Vol. 7 Num. 22 This issue of Toronto is sponsored by Jeffrey and Rochel Silver in appreciation for the wonderful Bar Mitzvah that Jeffrey’s parents made for him many years ago Going Up to Come Down, Going Down to Rise Up David Ely Grundland “If you’re holding heaven, The necessity of combining these two They heard the word of Hashem from then spread it around; ways of connecting to G-d is the mouth of Moshe and famously There’s hungry hands reaching up emphasized throughout Tanach. For replied, “We will do and we will here from the ground. example, Yaakov’s dream of a ladder hear.” (Shemot 24:7) Their statement Move over and share the high has angels “ascending and descending can be understood as recognition of the ground where you stood; on it.” (Bereishit 28:12) The altar’s role importance of acting in this world, and So heavenly minded, is to connect us to G-d by ascending not just hearing, contemplating and you’re no earthly good.” towards him. It is the job of the experiencing the Divine. We must Sanhedrin to take the inspiration from express our spirituality in this world in The above lyric from Johnny Cash’s that elevation and give the nation the order to fully understand G-d. (Baal “No Earthly Good” paraphrases the tools to express godliness through Shem Tov, Mishpatim 20) 19th century American doctor and poet worldly action, allowing the people in Oliver Wendell Holmes Sr. who turn to elevate themselves. When Moshe ascends Sinai, he takes famously said, “Some people are so seventy sages with him; these sages heavenly minded that they are no Sometimes, however, we start in the represent the first Sanhedrin. However, earthly good.” (The Autocrat of the opposite direction, starting with descent he prevents them from entering the Breakfast-Table, 1858) The song in order to allow for ascent. This is cloud above, instead directing them to conveys the importance of ensuring manifest in the laws that open our return to the people below. Moshe there is a balance between spiritual parshah, regarding the Jewish slave. reminds them that while each Jew must pursuits and worldly application of Our sages teach (Kiddushin 18a) based strive to reach for the top of the those pursuits. The unification of the on Shemot 22:2 (see 21:2 and mountain, one’s ultimate role is two is the path to a full religious life. Mechilta) that a Jew would be sold into actualized when one returns and stands

Parshat Mishpatim begins with the slavery by a beit din for having stolen, among the nation as a whole. word “v’eleh – and these….” (Shemot in order to pay back the value of the 21:1) Rashi comments that this “and” theft. However, the sale into slavery was The (Chagigah 14a) describes connects the receiving of the Torah on not only a punishment, but also a four sages who entered a mystical Sinai and the giving of the laws in means of rectifying the slave himself. “Orchard”, and only Rabbi Akiva was Mishpatim, indicating that they were Chesed L’Avraham (Mishpatim), written able to exit in peace. Similarly, the given together. He also offers a second by the second Radomsker Rebbe, notes Talmud states, “Many tried to be like interpretation from a midrash (Shemot that the purpose of buying the slave Rabbi Shimon bar Yochai [regarding his Rabbah 30:3): The description of the (tikneh) is to help him rectify his ways spiritual status], but were not altar is juxtaposed with the laws to (tikkun). By being lowered into slavery, successful.” (Berachot 35b) The desire teach that the Sanhedrin (legislative the former thief is forced to recognize a to be holy and spiritual is indeed body) must be alongside the altar/ worldly master, but he will ultimately praiseworthy, but there is a great Temple (the spiritual epicenter). remember his Heavenly master. His danger of it coming at the expense of physical servitude spurs his spiritual worldly responsibility. Let us take to When we bring sacrifices, we “offer growth. heart the connection between the altar them up” to G-d (ex. Vayikra 17:8). In and the Sanhedrin: our spiritual contrast, courts bring G-d’s presence The parshah reiterates the important pursuits must come to fruition through down to this world (see Derashot connection between spiritual pursuits positive action in our lives, and our HaRan 11). Colloquially, courts “hand and worldly actions at its conclusion. actions must elevate us spiritually. down” rulings. The Torah teaching us Following the revelation at Sinai, it that our “rising up” towards and our would have been very easy for the [email protected] “bringing down” of G-d must be nation to “get lost” in the spiritual intertwined. grandeur of their unique experience.

OUR BEIT MIDRASH ROSH BEIT MIDRASH RABBI MORDECHAI TORCZYNER

SGAN ROSH BEIT MIDRASH RABBI JONATHAN ZIRING

AVREICHIM RABBI DAVID ELY GRUNDLAND, YISROEL MEIR ROSENZWEIG

CHAVERIM DAR BARUCHIM, YEHUDA EKLOVE, URI FRISCHMAN, DANIEL , MICHAEL IHILCHIK, RYAN JENAH, SHIMMY JESIN, CHEZKY MECKLER, ZACK MINCER, JOSH PHILLIP, JACOB POSLUNS, SHAI REEF, ARYEH ROSEN, SHLOMO SABOVICH, EZRA SCHWARTZ, ARIEL SHIELDS, DAVID SUTTNER, DAVID TOBIS, EYTAN WEISZ We are grateful to Continental Press 905-660-0311 Book Review: Economic Morality and Jewish Law Rabbi Baruch Weintraub

Economic Morality and Jewish Law philosophy of standard welfare character of the Torah’s instructions to Rabbi Dr. Aaron Levine economics, [in] Jewish law… the us. Until Mishpatim, the Oxford University Press, 2012 worthiness of an action is evaluated commandments given to the Jewish based not only on its impact on one’s nation were focused on overarching Who is the author? opposite number and third parties, but values. This is most clear in the case Rabbi Dr. Aaron Levine (1946-2011) also on the character of the initiator of of commandments relating to our was chairman of the Economics the action.” duties to G-d, but even those that Department at Yeshiva University for regulate our relationships with other thirty years, and published articles on In other words, Rabbi Levine argues people, such as the prohibition against Torah and economics in leading that the Torah’s view of economics stealing, are broad in nature. They do journals of Jewish thought. A unique emphasizes morals and ethics to a not tell us how to manage society. expert in Jewish monetary law as it much greater degree than They don’t establish rules of relates to modern economics, he wrote contemporary theories of business ownership; they only command us not or co-wrote no fewer than seven ethics. For the latter, increasing social to violate ownership rights once they scholarly books about this difficult and wealth is the end goal; for the former, have been established. In Mishpatim complicated area. Some of these books the ultimate goal is improving society’s this picture changes dramatically, as quickly became standard references in morality. Economics is but one area the Torah goes into the most intricate the field. where this goal is expressed. legal niceties of the human economic Rabbi Dr. Levine was also the Rabbi of system. Understanding the nature of Young Israel of Avenue J in Flatbush, Rabbi Dr. Levine uses various cases to this shift, and deciphering the Torah Brooklyn, and served as a judge on the prove his thesis, all of them fascinating message given in it, is of major Beth Din of America. and highly illuminating. His importance to us. discussions range from the issue of What is the topic of the book? lies and deception in the marketplace As in any other Torah discussion, Economic Morality and Jewish Law is and outside it, to the acquiring of the some of Rabbi Levine’s conclusions devoted to an analysis of the differences birthright by Yaakov, to the proper can be debated. His arguments may between Business Ethics as commonly funding of education according to need some softening in order to accepted today in the western world, Jewish law. The book also contains describe the full picture of Torah laws, and those of Jewish law. Rabbi Levine discussions of general economic but his forceful presentation of Torah’s presents his basic argument in the questions, such as minimum wages relevance to our economic life is book’s preface: “Welfare economics and a price-controlled market. invaluable. evaluates the worthiness of an economic action based on whether the Why is it an important book? [email protected] action would increase the wealth of As we read Parshat Mishpatim this society in the long run… [I]n sharp week, we must be aware of the subtle contrast to the consequentialist but undeniable change in the

613 Mitzvot: 489-490: Bring Gifts Rabbi Mordechai Torczyner

We have learned that there is a mitzvah of ascending to the balances the joyous shelamim with a sense of duty. He Beit haMikdash for Pesach, Shavuot and Succot to celebrate writes that this offering awakens us, “[T]o guard His Yom Tov, per Shemot 23:14, “You shall celebrate three statutes and fulfill His law. For this they will be brought to festivals for Me each year.” This is recorded in Sefer the House of G-d three times each year. It is like the parable haChinuch as the Torah’s 88th mitzvah. On these occasions the sages offered: We are servants of G-d, entering beneath we bring a celebratory shelamim offering to the Beit His roof, supported forever by His strength, in love and awe haMikdash; it is eaten by the kohanim and its owners. This for Him. No foreigner will enter among us, for we alone are is part of the Torah’s 488th mitzvah, of rejoicing on Yom Tov. His household. Via this activity our minds will be roused, [See Toronto Torah 2:21 for more on this mitzvah.] and we will introduce reverence for G-d into our hearts, and we will establish love for G-d in our thoughts, and we will In Devarim 16:16 we learn of two related mitzvot, which merit His kindness and blessing…” highlight a more sober aspect of our celebration. The Torah says, “Three times each year, all of your males shall be seen Don’t come empty-handed before Hashem your G-d in the place He will choose – on the Interestingly, Targum Yonatan offers a different explanation Festival of Matzot, on the Festival of Shavuot, and on the for “they shall not be seen before G-d empty-handed,” Festival of Succot – and they shall not be seen before G-d commenting, “empty-handed of mitzvot.” This suggests that empty-handed.” As Sefer haChinuch explains, this obligates we must also be careful not to come to G-d without merit. males to go to the Beit haMikdash for the festival, with an offering called an olat re’iyyah. Unlike the celebratory An early midrash (Sifri Devarim 143) adds another twist, shelamim, the olat re’iyyah is a total gift, its carcass burned commenting that we shall not come to the Beit haMikdash on the altar. This is the Torah’s 489th mitzvah. The Torah on Yom Tov “empty-handed of tzedakah.” This may be one strengthens this mitzvah with the negative language of “they of several sources for pledging tzedakah at Yizkor on the last shall not be seen… empty-handed,” a prohibition against day of each Yom Tov, when this verse is read as part of failing to bring the burnt offering. Sefer haChinuch records Keriat haTorah. [There are other reasons for Yizkor and its this as the Torah’s 490th mitzvah. associated tzedakah, too; for more, see http:// rechovot.blogspot.com/2008/06/derashah-shavuot-unity-of The message -yizkor.html.] As explained by Sefer haChinuch, the burnt olat re’iyyah [email protected]

2 Visit us at www.torontotorah.com Biography Torah and Translation

Rabbi Menachem Meiri Verbal Abuse

Rabbi Dovid Zirkind Rabbi Meiri, Beit haBechirah to Bava Metzia, Chapter 4 Translated by Rabbi Mordechai Torczyner Rabbi Menachem ben Shlomo Meiri This eighth is brought due to המשנה השמינית וענינה בא על ידי גלגול grew up as a member of the (1249-1316) the chapter’s discussion of onaah אונאה ולא מעיקר כונת הפרק אלא שעל ידי distinguished Meiri family in Provence, a abuse], although it is not part of the] גלגול אונאה לענין הדין נתגלגל לעניני אונאת southeastern region of . Little is chapter’s focus. Due to the topic of דברים לענין איסור ואמר ” כשם שאונאה known about his personal life, but from .onaah, verbal onaah is raised as well במקח וממכר כך אונאה בדברים...“ the writing of the 13th and early 14th centuries it is clear that “The Meiri” (as The mishnah says, “Just as there is he is commonly known) played a major concern for onaah in commerce, so there role in defending the religious beliefs of is onaah in speech…”

Rambam explained, “Know that verbal אמר הר “ ם: דע כי אונאת דברים בא עליו in general and of the Sages of onaah is mentioned in a dedicated verse מקרא מיוחד, והוא מה שנאמר ” לא תונו .Provence in particular Vayikra 25:17), as it is said, ‘And you) איש את עמיתו ויראת מאלקיך “. והחמיר בה Regarding the study of philosophy, Meiri shall not abuse, one against his friend, יותר מאונאת ממון כמו שאתה רואה upheld Provence’s tradition of embracing and you shall revere G-d.’ The Torah שהזהיר והפחיד עליו. ועוד כי האדם יוכל Rambam and his approach to education. was more strict with this than with לעשות תחבולה בה וזה כענין שיעמוד על Rabbi Shlomo ben Aderet, also known as financial abuse, as you see that it הממכר ויאמר שרוצה לקחתו ולא יקחהו, the Rashba (Barcelona 1235 – 1310), warned and intimidated [the reader] [regarding this. Further, it [was strict ויאמר ’ אין רצונו לקנות ‘. או ישאל לאיש headed the Spanish court that issued a because one might devise a tactic to שאינו חכם שאלה מן החכמות שיפרש לו כדי ban on studying philosophy for anyone practice this [surreptitiously], like a לבישו, ויאמר ’ הייתי סבור שהוא חכם. ‘ או under the age of twenty-five. The Meiri person standing by merchandise and יספר ספורים שיש בהם דופי וחרפה לחברו, understood that this was more than a saying he wishes to buy it, and then not ויאמר ’ לא נתכונתי למה שאתם חושבים. ‘ debate over the education of youth; it ’.buying it, saying, ‘I don’t want to buy it על זה נאמר ” ויראת מאלקיך “, שהוא יודע was an accusation of heresy against the Or inquiring regarding wisdom from one כונתך ומחשבתך ומה שחשבת בלבך... .way of life in his community of Provence Despite his close personal ties with the who is not learned, asking him to Rashba, Meiri passionately defended his explain it in order to embarrass him, community’s tradition and argued that and saying, ‘I thought he was learned.’ banning the study of philosophy was Or telling stories that involve essentially banning wisdom itself. wrongdoing and shame for another, saying, ‘I didn’t mean that which you Possibly the Meiri’s most well-known are thinking.’ Therefore the verse says, opinion was his theory about the status ‘You shall revere G-d,’ for He knows of non-Jews in Jewish law. He argued your intent and your thoughts, and that, despite their beliefs, Christians did what you thought in your heart…” not share the status associated with The Meiri stated: [The mishnah’s אמר המאירי כשם שיש אונאה במקח וממכר idolaters in the Talmud. This view was phrase] “Just as there is onaah in כך יש אונאה בדברים ר “ ל שאסור להונות crucial to social and commercial ”commerce, so there is onaah in speech את חברו ולגרום לו פסידא בדבריו והוא interactions of his time and continues to means that you may not abuse another שאמר לא יאמר לו ” בכמה חפץ זה “ והוא be of central importance to Judaism’s .and cause him loss with your words אינו רוצה ליקח, שהרי מתוך שהוא בוש interaction with the outside world to this ,Thus it says, “One may not say to him לומר שאינו רוצה ליקח משפיל לו מקחו .very day ‘How much does this item cost?’ when he does not wish to buy it.” Because he לומר שאינו שוה כל כך, ואחרים שומעים The Meiri’s magnum opus is his Beit is embarrassed to say that he does not ונמצא גורם לו פסידא. ואפילו לא היה אדם HaBechirah, a Talmudic digest which wish to buy, he instead will degrade the שם, מ“מ הוא מטריחו ומצערו שחשב למכור summarizes the major points of merchandise, saying that it is not worth ולא מכר. discussion in the Talmud and the subsequent dialogue among its this much. Others will hear, and so he commentaries. Manuscripts of some of causes the merchant a loss. And even if the Meiri’s works were not published no one is present, still, he strains the until very recently, thus his opinions on merchant and causes him pain, for he many topics only appear in rabbinic expects to sell and he does not sell. literature of the past one hundred years Then the subject continues with verbal ואח “ כ נתגלגל לאונאת דברים שלא יביישהו .or so onaah, that one may not shame another בדבריו והוא שאמר אם היה בעל תשובה לא verbally, saying that if someone has יאמר לו זכור מעשיך הראשונים ואם היה בן [email protected] repented [of wrongdoing], one may not גרים לא יאמר לו זכור מעשה אבותיך say to him, “Remember your earlier שנאמר וגר לא תונה: deeds.” If someone is descended from people who converted [to Judaism], one may not say to him, “Remember the deeds of your ancestors.” Thus Shemot 22:20 says, “And you shall not abuse the stranger.”

Visit us at www.torontotorah.com 3 This Week in Israeli History: 2 Adar I 5746 (Feb. 11 1986) Rabbi Jonathan Ziring Natan Sharansky Freed 2 Adar I is Thursday After his release, Sharansky made aliyah, published his memoirs, founding an organization to raise awareness of Anatoly Borisovich Shcharansky, now Natan Sharansky, issues involved in kelita (integration into Israeli society), and has been a political and cultural player in Israel for several worked as a journalist. He founded an Israeli party (Yisrael decades. Born in the Soviet Union, he attempted to make BaAliyah), devoted to facilitating the absorption of immigrants aliyah to Israel but was refused an exit visa, becoming a from the former Soviet Union into Israeli society; this party “refusenik”, in 1973. This drove him to become a human eventually merged with Likud. He has served as Deputy Prime rights activist, and a leading activist for refuseniks. Minister, Minister of the Interior, Minister of Housing and Construction, Minister of Industry and Trade, and several In 1977, Sharansky was arrested, accused of passing on the other positions within the government. Currently, he heads names of 1300 refuseniks to American intelligence the Jewish Agency for Israel and is involved with several organizations. He was charged with high treason and organizations within Israel. sentenced to 13 years of forced labor. His wife, Avital, led an international campaign pushing for his release, and he was [email protected] eventually freed in a prisoner swap on 2 Adar I 5746 (February 11, 1986). Weekly Highlights: Feb. 6 — Feb. 12 / 27 Shevat – 3 Adar I Time Speaker Topic Location Special Notes

Feb. 5-6 שבת 8:50 AM R’ Jonathan Ziring Parshah BAYT Simcha Suite After Hashkamah Yisroel Meir Rosenzweig Midrash Rabbah Clanton Park Before minchah R’ Jonathan Ziring Daf Yomi BAYT After minchah R’ Mordechai Torczyner Gemara Avodah Zarah BAYT 6:30 PM R’ David Ely Grundland Parent-Child Learning Shaarei Shomayim

Sun. Feb. 7 Medical Halachah: How a CME-approved 8:45 AM R’ Mordechai Torczyner BAYT Doctor Chooses a Rabbi Non-doctors welcome 8:45 AM R’ Josh Gutenberg Contemporary Halachah BAYT Not this week 8:45 AM R’ Jonathan Ziring Hosheia BAYT Hebrew 9:15 AM R’ Shalom Krell The Book of Shemuel Associated (North) Hebrew Mon. Feb. 8

9:30 AM Mrs. Ora Ziring Women’s Beit Midrash Ulpanat Orot University Students 7:30 PM Yisroel Meir Rosenzweig The Israeli Census Yeshivat Or Chaim Beit Midrash Night R’ David Ely Grundland Daf Highlights 7:30 PM Shaarei Shomayim Beit Midrash Night R’ Mordechai Torczyner Medical Halachah Tue. Feb. 9 Rosh Chodesh Adar I 9:30 AM R’ Jonathan Ziring Waiting After Meat Yeshivat Or Chaim For Chaverim

10:00 AM Mrs. Ora Ziring Women’s Beit Midrash Ulpanat Orot University Students 1:30 PM R’ Mordechai Torczyner Iyov: Meet Elihu Shaarei Shomayim

8:00 PM R’ Jonathan Ziring Flexibility of Halachah BAYT BAYT Midrash Night 4

Wed. Feb. 10 Rosh Chodesh Adar I

5000 Yonge St. #1801 Lunch served; RSVP to 12:30 PM R’ Mordechai Torczyner Ethics of Showrooming Miller Bernstein [email protected] Location: Contact 2:30 PM R’ Jonathan Ziring Narratives of Bereishit For women [email protected]

8:00 PM Yisroel Meir Rosenzweig Synagogue Design Shaarei Tefillah

Thu. Feb. 11 1:30 PM R’ Mordechai Torczyner Yehoshua: The Finale 49 Michael Ct. For women