Shabbat-B'shabbato Parshat Ki Teitzei

Shabbat-B'Shabbato – Parshat Ki Teitzei No 1487: 11 Elul 5773 (17 August 2013)

AS SHABBAT APPROACHES A Military Master - by Rabbi Oury Cherki, Machon Meir, Rabbi of Beit Yehuda Congregation, Jerusalem

Unfortunately, war is part of our world. From the earliest beginnings of history, there have always been wars. Mankind, the highest stage of all creation, has always been busy with thoughts of how to kill other men. This fact gave philosophers a lot to think about, and some of them even tended to idealize the concept of war. They thought that war is good, a way of forging strength, and that it is something constructive.

The nation of Yisrael never agreed to these faulty ideas. We always saw war as a crime, a terrible event. But we still cannot flee from an important question: After the fact, what significant role have all the wars of mankind fulfilled?

Rav Kook emphasizes that the reason for war is not connected to the Divine guidance of the world but rather stems from mankind's evil inclination. However, when the bonds of evil are released and the evil inclination runs wild, the Holy One, Blessed be He, utilizes the wars which do take place for the highest ideals of history. And that is why the Holy One, Blessed be He, is called "the Master of War." He makes use of war to distribute righteousness and as a basis for building up the world that will take over after the war. Together with all of this He also sows the seeds of salvation. With respect to the harm caused by the wars, we pray every day, "He creates cures, is awesome and praiseworthy, the master of wonders" [Daily prayers, before Shema]. And as part of this, "every day out of His goodness He renews the actions of Bereishit," and He brings new light to the world.

We also fight wars. Of course it would be better if the nation of Yisrael could perform its mission without waging war. But when we do encounter war, we do not hesitate to turn and fight. And that is why we have obligatory and optional wars, with many rules for organizing them.

In the first war, between Kayin and Hevel, Kayin was the guilty party, but Hevel also shared the blame, in a weak sense. It is written, "And Kayin rose up over his brother Hevel" [Bereishit 4:8]. If Kayin rose up, this means that beforehand he was lying down. According to the Midrash (Bereishit Rabba), Kayin was lying down under Hevel, who was about to kill him, based on the principle that "If one rises up to kill you, defend yourself by killing him first" [Sanhedrin 72a]. Kayin said to him, "If you kill me, what will you tell our father?" So Hevel freed Kayin, who rose up and killed him. Hevel's mistake was to assume that the murderer abided by the same values that he did himself, and he spoke to the murderer instead of killing him.

The hidden ethical complaint of the nations of the world to us is: Do not act like Kayin, act like Hevel! If you use the weapons of Kayin, your end will be like his! However, the Torah emphasized that the human ideal is not the character of Hevel but that of Shet, "another child, to replace Hevel, for Kayin killed him" [Bereishit 4:25]. This is the type of person about whom it is written that Adam "gave birth in his image" [5:3]. This is a model of Hevel who knows how to make use of Kayin's weapons. It is the true archetype of Bnei Yisrael.

The struggle with wars and their halachot lifts us up to ethical horizons. And that is why much of this week's Torah portion involves the laws of war, leading to the high ethical level of the war against Amalek, in an effort to eradicate evil from the world. Our success in this war will reveal to

1 everybody that the source of righteousness lies with the nation of Yisrael and not with counterfeit morality of those who allow murderers free reign, and who even carry on discussions with them and surrender to their demands.

Rabbi Cherki is the head of Brit Olam – Noahide World Center, Jerusalem

POINT OF VIEW "The Oak of Weeping" [Bereishit 35:8] - by Rabbi Yisrael Rozen, Dean of the Zomet Institute

"What is written before that event happened to David? 'G-d is my light and my salvation, whom shall I fear?' [Tehillim 27:1]. But after that event, what is written? 'And I came to him, and he was weary and weak in the hands' [II Shmuel 17:2]." [Psikta Rabbati 15].

This column, which deals with issues that interest those who frequent the synagogues, simply cannot ignore the affair of Rabbi Mordechai Elon, which has now returned to the news – mainly in the religious Zionist camp – in the wake of the rabbi's conviction in court on the charge of sexual harassment of students. The loud and ratings-hungry media reported about an "earthquake in religious Zionism," a crisis, a fall from heaven, and of course, "shock, upset, and dismay." I can report on a feeling of despair, sadness, and bewilderment. Personally, my feelings can be described as in the verse quoted above, "weary and weak in the hands." To tell the truth, I considered skipping this issue and not writing about it at all, among other things for reasons that will be given below, but an inner voice said to me: "You cannot ignore the matter, write a few words about it." And the following is how I replied to this voice.

At the outset, I want to declare my belief in the Takana Forum. (This is in spite of come comments that I wrote here two years ago, when the affair was exposed, where I proposed that three objective men of Torah should examine their fact-finding process.) I also want to affirm my total faith in the Israeli court system, in spite of the criticism often leveled at the courts and in their surroundings – even in this column. The criticism has to do with the fact that the courts involve themselves with issues that depend on disputes about viewpoints, ideology, or politics – issues such as religion and the state, peace and security, personal freedoms, and so on. However, in the area of criminal justice it would seem that our courts are held in very high esteem. Even if some convictions are controversial – accused of being either "too strict" or "too lenient" – the determination of the underlying facts is trusted and accepted by all, especially if the evidence does not include the testimony of a state's witness. Let me add that I also tend to trust our justice system in the interpretation of evidence, and that includes questions involving "intent, awareness, circumstances, and proof beyond any reasonable doubt." Such issues may well be the crux of the matter in the case we are discussing here.

Be Quiet! But do not Ignore!

The main thrust of my article today will involve such questions as "What now?" and "What should our attitude be?" And my answer is very brief, as indicated in the subtitle above: Take this issue off the table! Do not ignore it or sweep it under the rug, but do not discuss it in an exaggerated way. Stop referring to this matter!

When I say to take the issue of the table, I am referring to two things. First and foremost, I call for Rabbi Motti Elon to be quiet and to leave the public stage involving educational matters. He should go into exile, as a teacher who does not take his yeshiva with him, and he should lock his door before students who come to see him. I am sure that such a creative person 2 will be able to find some suitable activity, far away from the public eye and especially from the media.

And on the other side, I call for everybody else to allow this matter to sink into the depths of forgetfulness. There is no need in this case to create some general procedure or rules. Even without knowing anything about the full facts of the case, I am sure that this affair is so far from the norm that there is no need to formulate rules of behavior for rabbis and "Torah stars" in cases which are so rare that a child can count the number of instances.

I learned about the relevancy of a policy of quiet (not quashing) from words of our sages in related circumstances. According to the Mishna, "The case of Reuven (and Bilhah) is read from the Torah but not translated. The case of Tamar (and Yehuda) is read and translated... The actions of David and Amnon are not read or translated." [Megilla 4:10]. This is not the place for a detailed discussion of the differences between the various cases, but one thing is certain: to be quiet is better than to speak (see Mishna, Gittin 4:8). All of the embarrassing affairs are recorded in writing, none of them is quashed, but some of them are not read in public at all, while others are read but are not discussed – they "are not translated."

Don't get me wrong. I am not talking about erasing the records and "closing the case," and also not about denying facts or ignoring them. I call for a halt of discussions, for not referencing the matter, and leaving it be (as noted above, from both sides). This is a lesson to be learned from the affair of David and Batsheva, which was so severe and horrible. The sages taught us, "David asked the Holy One, Blessed be He, 'Master of the Universe... Let the wise men not refer to this in the Beit Midrash. And the Holy One, Blessed be He, replied, It will be so...' David further asked the Holy One, Blessed be He, 'Master of the Universe, Let my guilt not be written down.' And He replied, 'That cannot be done.'" That is, David's quilt will be written down, without ignoring it and without quashing it, but the affair will not be discussed at length, either in the Beit Midrash or in the media.

Part of the concept of silence is not to go into any detail. A hint of this can be seen in the quote at the beginning of this article, where the affair of David and Batsheva is described in a code: "that event." And in order to "follow my own instructions," I will stop here, even though I have not filled the allotment of my weekly column. If we would be making a movie, I would end right now with the word, "CUT!"

LET YOUR WELLSPRINGS BURST FORTH Who Dares to Make a New Start? - by Rabbi Moshe Shilat, Director of "The Torah of Chabad for Yeshiva Students"

The gates of teshuva – repentance – are wide open now, especially since it is the month of Elul.

Teshuva is usually explained as involving the past, which may not have been very good. But this is not so! Teshuva refers to making a new start, it is involved with the future and not with "digging" back into the past. We have been commanded to open up a new page which is clean. Regret for the past is not included in the mitzva of teshuva itself, rather it is an addition to the main concept.

"The Torah mitzva of teshuva refers only to abandoning sin. That is, it is necessary to make a binding decision with a full heart never to repeat the foolishness again... And this is the main meaning of the word teshuva – for a person to return to G-d with all his heart and all his soul, to serve Him and to observe all of His mitzvot." [Tanya, Igeret Hateshuva Chapter 1].

3 The past that does concern us is not the time of the sin but rather the pure state before the sin, the past which is clean. Teshuva is a return to the status of the pure soul which G-d gave us, so that "the spirit will go back to G-d, who gave it." That is the focus, that is the main thing, and not a wallowing in the past failures.

Perfect Teshuva

This "lenient" approach of the Tanya, saying that teshuva involves "only" abandoning the sin and not thinking about the past and the sin itself, at the same time involves a great stringency. The lack of relevance of specific past events is related to the fact that the specific sin that we did does not matter. The very fact that every sin causes us to move further away from G-d, the fact that we turn our backs on Him by our own actions – is the main problem. With this insight, teshuva becomes very stringent and serious because even the lightest of sins is a very serious matter. The "new page" that we open after repenting must be completely clean and pure, since there is no room for any stain, no matter what size, shape or color.

In accepting the yoke of heaven to perform the act of teshuva we must accept everything anew, to decide to perform all the commandments, both positive and negative mitzvot. This means not only to resolve to keep mitzvot which we missed in the past and to observe prohibitions which we violated, for that does not address the main problem! Our real problem is the revolt against the Almighty which we expressed by committing a sin. Thus, the attempt to atone for a sin means that we must renew our acceptance of the yoke of G-d in all the details, without any connection to a specific sin. As the Tanya writes: "The mitzva of teshuva... requires a person to make a decision with all his heart never to return to foolishness and to revolt against the Divine kingdom, and never to violate any of the mitzvot of the King, G-d forbid – both positive and negative mitzvot" [ibid].

The Mikveh Purifies those Who Have been Defiled

In addition to the above, it is written in Chassidic literature that one who does not succeed in accepting the yoke of heaven completely should accept whatever he can, while praying to G-d for success – "Bring us back with complete teshuva before you." With G-d's compassion, even though our teshuva might not be perfect, the Holy One, Blessed be He, will bring us closer to Him. This closer approach itself can help us succeed in accepting the full yoke of heaven, leading to true teshuva.

And that is how the Rebbe of Lubavitch explains the words of Rabbi Akiva at the end of the tractate of Yoma: "Yisrael should be happy... Just as a mikveh purifies the defiled ones, so the Holy One, Blessed be He, purifies Yisrael." We can ask that this comparison of a mikveh to the Holy One, Blessed be He, seems faulty. Is the mikveh the allegory, which teaches us a lesson about the purification done by G-d? The mikveh itself would not be worth anything without the influence of G-d that operates through it!

The answer to this question is that Rabbi Akiva is teaching us a remarkable fact. Just as we have seen that a mikveh can provide partial purification (see Mishna Berachot 3:6 – a person can immerse himself in a mikveh to remove a light impurity even though a more serious one remains), in the same way the Holy One, Blessed be He, allows a person to remove light sins even though he has not yet succeeded in removing the more serious ones. And that is what Rabbi Akiva said – "a mikveh purifies the defiled ones," while they remain impure in certain aspects. This understanding can help a person get closer to G-d, so that in the end he will be absolutely pure and perfect.

"Yisrael should be happy."

NATURE AND THE TORAH PORTION

4 A Bird's Nest - by Dr. Moshe Raanan, Herzog College and the Jerusalem College for Women

"If you happen across a bird's nest on your way, in a tree or on the ground, whether it has eggs or young birds, and the mother is roosting on the young birds or the eggs – do not take the mother together with her children" [Devarim 22:6].

An Instinctive Choice

From a straightforward reading of the passage of the mitzva of "shiluach haken" - sending the mother away from the nest - we see that it is relevant both for a nest in a tree and for a nest lying on the ground. The site of a nest is not a free choice for a bird (as it is for a person), but is a natural instinct for every different species. We differentiate between birds who build their nests in trees and those which roost on the ground, such as partridges, chickens, most of the ducks, quails, pheasants, and more. In this list I purposely gave the names of kosher birds only, since the mitzva we are discussing is relevant only for them. Therefore, I did not mention such birds as seagulls.

The Baraita which discusses this mitzva describes other more unusual sites where a nest might be, and that one of them is included in the obligation of shiluach haken. "'On your way' – This is interpreted by Rav Yehuda in the name of Rav – one who finds a nest in the sea is obligated by the mitzva of sending the mother away, as is written, 'This is what G-d says: He who puts a route in the sea...' [Yeshayahu 43:15]." [Chulin 139b]. Based on the word "derech" – a route – the Baraita concludes that nests in the sea are also relevant for this mitzva. We might ask: Is it really possible that a nest will be floating in the sea?

A Nest "in the Sea"

Before we turn to whether it is possible to find a nest "in the sea," we should note that the sages often use the term "sea" to refer to any body of water (rivers, streams, ponds, bays, gulfs) and not only seas and oceans, as is the common use today. Meiri writes this explicitly, "One who finds a nest in the sea or in a river..." According to Rashi (who Meiri used as a source), this refers to a tree which was swept into the water, which had a nest in its branches (or to a nest swept into the water from a tree). "A nest in the sea – If a tree was washed into the water with a nest at its top, the mother must be sent away, since the ocean is also called a route."

We can also suggest another possibility – nests that were made on small mounds of earth near a body of water, which became islands when the water level rose. Another possibility is nests that were made on rafts made of organic matter which floats on the water. This phenomenon can be found among species of grebes (loons). Today only the little grebe exists in our land, but in the past both the medium-sized black-necked grebe and the larger crested grebe made nests here. The problem with this suggestion is that these birds are evidently not kosher (in spite of their outward similarity to ducks), but perhaps they served as the inspiration for the discussion of nests in the sea or in the air.

"Gozel" and "Efroach"

We will take this opportunity to clarify two words in Hebrew which are sometimes confused with each other, although they are not exact synonyms – "gozal" and "efroach." The verse about shiloach haken uses only the word "efrochim." However, in Targum Yonatan it is written, "... in any tree or on the ground, young birds (gozalim) or eggs, and the mother roosts over the young birds (efrochim) or the eggs..." This seems to imply that the two words are indeed synonyms. However, in modern usage a gozal is a bird that

5 remains in the nest for a relatively long time, while an efroach is a young chick which leaves the nest right after the egg is hatched. Thus, the gozal grows in nests on trees or other sheltered sites, and they can "allow themselves" the luxury of a long time for development. On the other hand, birds which roost on the ground or on water will have to hatch quickly and become independent in a short time. Perhaps Targum Yonatan is hinting at this difference by using the term gozal before efroach, corresponding to the sequence in the verse, where the "tree" appears before the "ground."

(For more information in Hebrew and pictures, and to correspond with the author: see the Daf Yomi portal, daf-yomi.com, Chulin 139b, "Leharchiv".)

A FAMILY NAMED "YISRAELI" The Friendly Pool Guard - by Rabbi Yikhat Rozen, Director of the Or Etzion Institute – Publishing Torah Books of Quality

Yehuda's Story

Yaniv was on the phone. He asked me, "Yehuda are you coming to the pool?"

I replied, "No, I can't come today."

"Boy, you never come!" he said, and he hung up.

The truth is that he is right. Not that I never go to the pool, but this year I did not really go very often. My parents explained to us that we cannot go to the pool whenever we want to, because it is very expensive. They set a limit for every one of us in the family. So we go to swim, but not every day.

The next day Yaniv called again, and asked me to go with him to the pool. This time I didn't hold back, and I asked him, "Yaniv, tell me, do your parents really let you go swimming whenever you want to? Isn't it very expensive?" Yaniv said, "So that's why you don't come very often. Well, I don't have any problem. The guard there is my cousin, and he lets me go in without paying. You know what, why don't you come with me today, and I'll ask him if he'll let you in free too.

I said, "Well, if he lets me in I certainly won't complain." It just took me a minute to get dressed, and I was outside in a jiffy.

To go swimming for free! What fun it would be!

I was so happy that I hopped skipped all the way to the pool. Yaniv had got to the pool before me, and he was waiting. He had already talked to his cousin, the guard, who was a very nice person. He didn't mind letting me go in for free, since I am Yaniv's friend.

The pool was full of children and adults, and everybody was having a great time. We all swam, splashed each other, and were very happy to get out of the hot summer weather.

I thought that if I ever owned a pool I would definitely be as nice as Yaniv's cousin. So many people paid for a ticket and went in to swim, the owner of the pool must have made a lot of money! It was no surprise that he didn't mind letting a few kids in without paying. After all, we didn't waste anything at all, the pool was working all the time anyway. All that happened was that there were a few more kids around. Otherwise they would be stuck at home, feeling unhappy.

I came home afterwards still excited by my refreshing time in the pool. Now Abba was home, and when he saw me dressed for swimming, he was surprised. He asked me, "Yehuda, haven't you been at the pool enough already?" 6 "Yes, Abba, but this time Yaniv invited me to go to the pool for free!"

"Yaniv asked you to come without paying?" Abba was very surprised. "Did his parents agree that he would pay for you to go into the pool?"

I laughed at that. "No, Abba. Yaniv's parents didn't have to pay for me or for him either. It's really very simple. The guard at the entrance to the pool, who takes the money, is Yaniv's cousin. He is really nice, and he lets Yaniv come there every day for free. And today he let me in too, because I am Yaniv's friend."

I could see that Abba was not very happy. He thought for a minute, and then he said, "Do you mean to tell me that this cousin owns the pool?"

"Well, he is the one who stands at the entrance and takes the money, so I guess he is the owner."

And Abba said, "But I went to the pool with you a few times. Do you remember the office with the big glass door? An elderly man was sitting there at a big fancy desk. He checks the accounts, organizes things, and talks on the phone. He is the owner of the pool. The guard at the entrance is a young boy, who is working during the summer, selling tickets and collecting the money. It's not his money and he doesn't pay any of the expenses. He doesn't pay the bills for water and electricity, he doesn't pay any salaries to the other workers. He has to give all the money to the man who owns the pool. I wonder if he ever asked the owner for permission to let some children in for free."

"How would I know?"

Abba said, "If he didn't ask, then he was not allowed to let you in! Nobody is allowed to give away something that doesn't belong to him! I am pretty sure that the owner of the pool will not agree that all the cousins of the guard and their friends can come in without paying! That is how the owner makes his living!"

"So what should we do?" I asked.

"I don't blame you, after all, you didn't know. But it may be that you are guilty of robbery, since you went in without paying. I will go to the pool today and ask the guard or the owner about this. If necessary, I will pay for you. But remember, Yehuda, you must never take anything 'free' unless you are sure that whoever gives it to you has permission to do so!"

How lucky I am that my Abba is so righteous that he thinks of everything!

(Note: The stories of the "Yisraeli" family are based on true events or on stories that could have been true.) Reactions and suggestions for stories: [email protected]

RESPONSA FOR OUR TIMES Changing a Name - by Rabbi Re'eim Hacohen, Rosh Yeshiva and Chief Rabbi, Otniel

Question: Should a person who goes through a process of repentance change his or her name? What is the significance of modifying a person's name?

Answer: The words of Rabbi Yitzchak are quoted in the Talmud, "Four things can tear up a decree against a person, and here they are: charity, crying out, a change in name, and a change in deeds" [Rosh Hashanah 16b]. At first glance, it seems that the Talmud is not discussing repentance in general but the specific case of coping with an already existing heavenly decree.

7 The role played by the other three items is easy to understand. With respect to changing a person's name, the early commentators give two different explanations.

Changing a Name – Changing the Sign of the Zodiac

The Ritva explains (in Rosh Hashanah), "The person, who is not a sinner, changes his name so that he will not be mentioned as deserving of evil. In addition, it can help him flee from the fate of an astrological sign, as G-d said to Avraham."

This is a reference to a dispute in the Talmud about "whether Yisrael has a specific sign" – does the state of the stars influence the Jews at all? "Rabbi Chanina says, the sign can make a person smart, the sign can make a person wealthy, and the signs have meaning for Yisrael. Rabbi Yochanan says, the signs have no meaning for Yisrael." [Shabbat 156a]. The Talmud explains that the source for Rabbi Yochanan's opinion is Yirmiyahu 10:2. Rav Yehuda in the name of Rav also feels that the signs have no meaning for Yisrael, based on the Midrash, where Avraham said to the Holy One, Blessed be He, "I have looked at my astrological signs, and I am not worthy of giving birth to a son." And the Holy One, Blessed be He, replied, "Go out of your signs of the Zodiac, since the signs have no meaning for Yisrael."

Even though the Holy One, Blessed be He, changed the names of Avraham and Sarah, it seems that the Talmud feels that G-d explained to them that the name change had nothing to do with fate, and that a decision by G-d is the only thing that matters. However, the Ritva implies that there is a link between the changes of the names and the change in fate based on astrology. Evidently the source for his opinion is the Midrash, which corresponds largely to the passage in Rosh Hashanah, that implies that the change in name is not part of G-d's reply to Avraham but is indeed an action that influences the signs: "Rabbi Yudan said in the name of Rabbi Eliezer, 'Three things can cancel a bad decree: prayer, charity, and repentance, and they all appear in the same verse... Rabbi Chiya and Rabbi Yossi say, changing the name and changing the activity also work, and some say that changing the place of living has the same effect... The change of name is derived from Avraham, as is written, 'Your name will no longer be Avram but Avraham – Avram is barren but Avraham can have children..." [P'sikta D'Rav Kahane 28:3; Kohellet Rabba 5:1]. The simple way to look at the Midrash is that the changing of the names is what caused the modification of the decree, and the Ritva feels that this modified the signs of the Zodiac. (We would then say that "go out of your signs of the Zodiac" which was said to Avraham, see above, refers not to ending the belief in astrology as a whole but rather to modifying the astrological signs.)

Changing the Name – One of the Ways of Teshuva

As opposed to the above, the Rambam listed all of the eight actions in the Talmud as valid techniques of teshuva. "As part of the ways of teshuva, the one who repents cries out constantly before G-d, weeping and praying, and he will give as much charity as he can, and he will stay far away from the sin which he committed, and he will change his name – as if to say, I am another person, not the one who sinned – and he will modify his actions for the better and in an upright path, and he will go into exile – for exile atones for sin in that it causes him to be modest and humble." [Hilchot Teshuva 2:4].

In this case, the change of name is part of the spiritual process that the person goes through, a way of showing himself and the surroundings that he has changed. This corresponds to the note by the Lechem Mishna that according to the Rambam all the different techniques of teshuva should be performed at the same time. The Talmud, on the other hand, implies that each method by itself has the power to overcome a bad decree about a person. Evidently the difference of the two approaches stems from the fact that the 8 Rambam emphasizes the spiritual process of teshuva, and he views all of the steps as stages in the process.

In addition to the way the Talmud understands the process of teshuva, the approach of the Rambam stems from his total rejection of any role for the stars in establishing the fate of a person. As he writes, "However, with respect to what I saw, that you are drawn towards the matter of how the stars were configured and how they will be in the future, you should put this entire matter out of your mind... because these are matters that do not involve any truth as far as truly wise people are concerned. This is even true of those who have no religion, and all the more so for those who do." [Igeret Taiman, Shilo Edition, page 145; see also Moreh Nevuchim 3:37 and Hilchot Avoda Zara 11:16].

The RAN follows the approach of the Rambam. He writes, "A person who changes his name is led to repent, since he says in his heart, 'I am no longer the same person who I was before, and I therefore must mend my ways.'" [Rosh Hashanah].

A similar idea is seen in the words of Rabbi Moshe David Wali, a student of the Ramchal, who gave an explanation for the custom of changing the name of a sick person (RAMA, Yoreh Dei'ah 335:10). Rabbi Moshe David asked why the Holy One, Blessed be He, gave Yaacov the new name Yisrael a second time, after the angel had already done this earlier. His answer is that just like a modification of a heavenly decree, which is completely in the hands of the Holy One, Blessed be He, changing the name of a sick person "can provide great help, since it is requested through prayer and great surrender. We can thus hope that the heavens will be influenced by the merits of the prayers, the surrender, and the charity."

SOMETHING ABOUT BOOKS "He shall Write Divorce Papers for Her" - by Rabbi Avishai Elboim, Director of the Rambam Library (Beit Ariela), Tel Aviv

"By the Time it is Done, They will Calm Down"

Even though the Torah allows the divorce of a married woman, the sages did not view this favorably, and they made various decrees in an effort to delay a divorce. One of these decrees was to sometimes require a get mekushar - a "knotted get." As opposed to a normal "get" – a divorce paper – which is given to the woman on a simple piece of paper, a knotted get has a very detailed form. It consists of folds and knots, and the witnesses are required to sign it many times. The Talmud explains that a knotted get is a decree that was made for Kohanim, who are often impatient and who tend to be quick to give a divorce. But they have a problem, because a Kohen is forbidden to marry a divorced woman, as is written, "They shall not marry a woman who was divorced from her husband" [Vayikra 21:7]. If they could use a simple get, which can be written quickly, they would not be able to remarry their wives after they calmed down. And the sages therefore required them to use a knotted get, "so that by the time it is done, they will calm down" [Bava Batra 160b].

After the sages developed this concept of a knotted get, they allowed using the same technique for all kinds of documents, and the term "knotted get" is now used for any bill of loan written in this way (and not only for divorce papers). Such documents have been found in archeological excavations, some of them written on papyrus. The most famous ones are twenty-three documents which were found by Prof. Yigal Yadin in the archives of Bavta Bat Shimon Bat Menachem, which were preserved among the documents in the caves in the Yehuda Desert. Prof. Yadin published a detailed description of the documents in his book, "Searching for Bar Kochba" (Jerusalem, 5731 – 1971).

The Mentor of the Chida 9 "Get Mekushar" is the name of a book which was written by Rabbi Yona Navon, a wise man who lived in Jerusalem. The book was published in Livorno in 5545 (1785). It is written on the cover page that the book "ties up the knots of the letters of halachot related to divorce papers, with deep insight and in a straightforward manner. It will serve as an addition to the clear book "Get Pashut" written by Maharam N. Chaviv... It is the work of a unique and righteous rabbi in the holy city of Jerusalem, a great rabbi in his generation, our teacher Rabbi Yonah Navon."

Rabbi Navon was the teacher of Rabbi Chaim Yosef Azulai, the Chida. In his encyclopedia about authors and books, "Shem Hagedolim," the Chida writes about his rabbi:

"My teacher Rabbi Yona Navon, of blessed memory... He was a rabbi in the holy city of Jerusalem. He wrote and printed his book, 'Nechpa Bakessef' and also wrote a book with great insights on the laws of divorce, based on the author of 'Get Pashut,' a commentary on the additions of the Re'eim on the Sefer Mitzvot Gadol, a commentary on the laws of Pesach, and additional responsa, commentaries, and collected works. He was one of the greatest rabbis of the generation in Jerusalem, and after him almost nobody was left to decide halachot. He was a pious man, a master of Kabbalah. Because of the sins of the generation, he passed away at the age of forty-seven, on the sixteenth of Shevat 5420 (1760). Let his soul be blessed among the living."

A Messenger

Like many others in Jerusalem, Rabbi Navon was sent abroad to gather money from philanthropists. In the year 5497 (1737), he made his first trip, to north Africa. For his second trip he went to the cities of Turkey, to Europe and to Greece, in 5506 (1746). On his trips, the local wise men asked him many questions. For example, when he was in Larissa, Greece, he met Rabbi Yosef Nachmoli, the local rabbi, who writes the following in his responsa:

"The following happened to me: I placed a mezuzah in my house and later remembered that I did not recite the blessing when I put it up. A few days later I was quite upset at not having recited the blessing, and I wondered if I should recite it, since putting it up is the end of the action of the mitzva, or whether I could still recite the blessing since the mezuzah was there all the time. And behold, at that time, the Shechina appeared to us in the guise of the wonderful wise man and judge, Rabbi Yonah Navon, and I asked him for his advice." [Resonsa Ashdot Hapisga, Yoreh Dei'ah 9].

Other details about responsa of Rabbi Navon during his travels are brought by Avraham Yaari in his book, "Sheluchai Eretz Yisrael."

Rabbi Navon printed his book Nechpa Bakessef in Constantinople, but "Get Mekushar" was printed by his son only after he passed away. Both books have introductions praising the rabbi, written by his disciple the Chida.

To obtain Torah material from the Rambam Library: [email protected] aviv.gov.il

HOLY AND SECULAR Battling for the Spirit - by Rabbi Amichai Gordin, Yeshivat Har Etzion

An important note: Some of our sages were reluctant to discuss the reasons for the mitzvot. This stems from a fear that doing so might decrease our absolute dedication to perform the commandments of the Creator and might impinge on our fear of His elevated status.

In the following lines, we will try to shed a small amount of light on the reasons for studying Torah. Together with this study, I ask the reader to

10 remember the words of the Psalmist of Yisrael in Chapter 119, words which center on the love of the Torah:

"Happy are those who follow the simple path – who go in the way of the Torah of G-d. Happy are those who perform His testimonies, they search for Him with their full hearts." [Tehillim 119:1].

* * * * * *

"Dozens of lecturers and students are demonstrating in the Hebrew University in Jerusalem against the decision to close a hundred courses in the faculty of humanities... The university announced the cancellation of the courses, which are taught by external faculty members, if less than ten students sign up for them... The courses which will be closed are in a number of subjects, such as archeology, history, and geography. The demonstrators are protesting to the university management about what they call 'a mortal blow to the faculty of humanities.'" [Galatz, IDF Radio Station, 9 Tammuz 5773].

* * * * * *

"The study of the Mishna and the halachic rulings plays the same role for holy material as does the study of geography in secular matters, as a way of maintaining a logical approach and establishing a basis in reality" [Rav A.Y. Kook, Orot HaTorah 6:9].

* * * * * *

"The study of Torah... adds the light of our lives as Yisrael to our souls, and awakens within them pleasant knowledge and good hidden feelings, along with the unique trait of Yisrael, just as general studies help to awaken within us the knowledge and the feelings of mankind in general." [Ibid 6:11].

* * * * * *

General study... has a benefit in addition to the fact that it is worthy to know all we can from general knowledge... We broaden our intellect by adding general knowledge to it... There are some things that in themselves have no intrinsic value, but which are nonetheless worthwhile to know as a way of exercising our intellect and broadening it to strive for perfect knowledge.

The same is true for various subjects in the study of Torah... Every item of the Torah, even including a small insight... has great value... because of the importance of knowing real truth and understanding it. And what is true for the secular study of historical details and also the knowledge of ancient languages... is also true for every subject which is beneficial in general that the study of its details are a welcome addition to the glory of the intellect. Logically (by a "kal vachomer") this leads to the conclusion that every single detail of our entire Torah must be something that is very dear and well liked. [Ibid 8:6].

* * * * * *

In the past, Amos Shapiro, the President of Haifa University, managed giant Israeli companies, including El Al and Cellcom. In an interview that he gave a few months ago, Shapiro strongly criticized the attitude of Israeli society towards the world of research.

"The universities are the yeshivot of the twenty-first century," he said, "I am surprised by the lack of understanding in Israel of how important research can be. The Jewish nation, which was so tolerant of those who studied in the 'cheider' and whose sole occupation is Torah study, does not show the same tolerance towards the universities."

11 Shapiro's starting point is mistaken. The universities are not the yeshivot of this century. The yeshivot are the yeshivot of the twenty-first century. But he is absolutely right about the attitude of our society with respect to general knowledge. Large sections of Israeli society despise knowledge as such. Every item of knowledge is analyzed in practical terms. "What can we get out of it?" Knowledge that does not teach a person practical skills is considered a waste of time and effort.

The controversy about the studies of yeshiva students is not only related to the understanding of the importance of the Torah. Rather, it concerns the very importance of studying and the value of knowledge in general.

It is clear that those who do not recognizes the value of the Torah or of knowledge in general will view Torah study as an illusionary waste of time. As Tommy Lapid said, "Just think of the billions of hours that Jews with their fantastic brains spent during past generations on the questions of one ox goring another... Two thousand spiritual energy years were wasted by one of the most talented nations that ever came to be on the earth..."

* * * * * *

Those who do understand the value of knowledge, who declare that the fate of the country depends not on the Arrow Missile or on a magic wand but rather on the education of this nation that resides in Zion – should do all they can to preserve the one place in our country where the study of humanities is being developed. This is the only place where the number of students of the humanities has grown from year to year – the yeshivot.

* * * * * *

"Logically (by a "kal vachomer") this leads to the conclusion that every single detail of our entire Torah must be something that is very dear and well liked."

E-mail: [email protected]

INSIGHTS FOR THE SHABBAT TABLE "Shiluach Haken" and the Reasons for the Mitzvot - by Rabbi Shmuel Sasson, Head of the Torah Garin in Haifa, coordinator of the Community Torah Project in Shaalei Torah

(1) One who says in his prayers, "Just as You have mercy on the birds, so should You have mercy on Your sons," is silenced.

However, in his discussion of the reasons for the mitzvot, the Rambam writes that the reason for the commandment of Shiloach Haken – sending away the mother from a nest before taking the eggs or the young birds – is indeed the pity of the Almighty for the bird.

Our rabbis disagree whether we are allowed to look for reasons for the "chukim," the mitzvot which are not obvious to us. Those who say that the one who prays for mercy as above is silenced feel that the only reason for these mitzvot is the will of G-d. This can be proved from the fact that if the reason for shiluach haken is mercy, G-d would not have allowed us to slaughter the bird for food at all. The viewpoint of the Rambam is that we are allowed to look for reasons (Moreh Nevuchim 3:17), and that indeed G-d does have pity on the birds. The Ramban gives another reason for the mitzva – we are meant to improve our traits, and it is a good human trait for us to have pity on the bird.

But we are still left with the question of why a person who mentions G-d's pity for the bird is not allowed to continue praying (and note that the Rambam accepts this opinion as halacha!). 12 Evidently there is a difference between Torah study and prayer. In study we try to find reasons even for mitzvot that are decrees of G-d, but while we are praying to G-d we should not try to make use of a mitzva in order to ask Him to have pity on us.

(2) We have been commanded to send the mother bird away if there are eggs in the nest, but we were not told to do so if we do not need the eggs. However, Chavat Yair rules, based on the Zohar, that this mitzva should be observed even if the eggs are not needed, and that the mitzva has mystical connections to a long life.

"Rabbi Richamai said: 'Send the mother away' [Devarim 22:7]. Why not send the father away too? This is to pay homage to the wisdom which is called 'the mother' of the world, as is written, 'Call wisdom a mother' [Mishlei 2:3]." [Sefer Habahir].

TALK-BACKS Brief Comments by Our Readers

* I read the article by Yosef Leichter about the life story of Rabbi Yechezkel Sarna. When I read that Rabbi Epstein needed help in teaching by Rabbi Sarna and his brothers-in-law, who were mentioned in the article, I saw that one brother-in-law was left out, a man who evidently was greater than all the brothers-in-law and the one or more sons. He was Yosef Zusmanovitz, who was known as the "Jerusalem Ilui," or as the Jerusalemite, and he left to return to Lita before the 1929 riots, evidently because of a dispute with the son(s) and the brothers-in-law, who were afraid of his greatness and did not want him to replace Rabbi Shapiro as Rosh Yeshiva. This return to Europe cost the rabbi his life, along with his wife and their two children. They were all murdered by the accursed Germans as they were about to board a ship that would take them out of Lita. In the wake of the dispute about heading the yeshiva, Rabbi Yosef wrote a book, "A Note about the Laws of Inheriting a Job," which can be found in "Otzar Hachochma." This book was published in Kovno in 5688 (1928). Even though "after the deaths of holy ones, continue to speak" (the sequence of the names of the Torah portions in the middle of Vayikra – "acharei mot kedoshim emor"), it seems to me that such an important aspect of the life of Rabbi Sarna should not have been omitted. Note too that Rabbi Yosef's father, Rabbi Asher Dov Zusmanovitz (D'leon), is buried in the same section of the cemetery mentioned in the article, not far from the grave of Rabbi Epstein.

(Tzvi, Petach Tikvah)

(Comments refer to a recent issue of Shabbat-B'Shabbato – they must be sent to Zomet Institute in Hebrew.)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SHABBAT-ZOMET is an extract from SHABBAT-B'SHABBATO, a weekly bulletin distributed free of charge in hundreds of synagogues in Israel. It is published by the Zomet Institute of Alon Shevut, Israel, under the auspices of the National Religious Party. Translated by: Moshe Goldberg To subscribe: http://www.zomet.org.il/eng/?pg=subscribe&CategoryID=165 Visit the Zomet Institute web site: http://www.zomet.org.il Contact Zomet with comments about this bulletin or questions on the link between modern technology and halacha at: [email protected] Or: Phone: +972-2-9931442; FAX: +972-2-9931889 (Attention: Dan Marans) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *