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Toronto Torah Yeshiva University Torah Mitzion Beit Midrash Zichron Dov בס“ד Toronto Torah Yeshiva University Torah MiTzion Beit Midrash Zichron Dov Parshat Vayikra 6 Adar 2, 5774/March 8, 2014 Vol. 5 Num. 26 This issue is sponsored by the Litwack Family for the yahrtzeit of Rose Litwack, Rachel bat Meir haLevi z”l A Time to be Silent, and a Time to Speak Up Rabbi Mordechai Torczyner Our parshah takes a strong stand in information where it is necessary to do save a person from spiritual harm. favour of confidentiality. The opening so in order to prevent the death or Therefore, G-d spoke with Avraham. verses relate, “And G-d called to harm, but shall not disclose more Avraham was already well-established Moshe, and G-d spoke to him from the information than is required.” Two as the Divine messenger; from the Tent of Meeting, to go tell. Speak to the points are worth noting here: (1) The moment when Avraham and Sarah Children of Israel, and tell them…” lawyer may break confidentiality to journeyed to Canaan (Bereishit 12:1), to Troubled by the doubled “go tell,” our prevent serious harm to health, but not their move to Chevron (ibid. 13:14), to sages explained that the duplication to prevent financial loss; (2) Even the re-naming of Sarah (ibid. 17:15), teaches us, “that one may not repeat regarding saving a life, the lawyer may G-d issued each instruction to something told to him, unless he is inform, but is not required to do so. Avraham, and Avraham relayed it to told, ‘Go tell.’“ (Talmud, Yoma 4b) Sarah. Admittedly, the choice of Contrast this with the Rambam’s Avraham as prophet is confusing, given Certainly, the need for confidentiality position (Sefer haMitzvot, Lo Taaseh that G-d told Avraham that Sarah is clear; as Sefer haChinuch (mitzvah 297); he warns against “weakness” in possessed greater insight and he was to 236) notes, gossip causes quarreling rescuing from “danger of death or follow her word. (ibid. 21:12) and strife. However, we might be financial loss.” Based on the Talmud Nonetheless, Avraham is the prophet, forgiven for wondering why G-d (Sanhedrin 73a), Rambam includes and G-d breaks confidentiality in order personally violated this principle. financial loss as grounds for action, and to have His prophet educate His people. When three visitors informed Avraham views intervention as a requirement. that his wife Sarah would birth a baby, Therefore, modern halachic authorities The combination of our parshah’s Sarah overheard, and laughed. She rule that one must break confidentiality imperative for confidentiality, and our said, “After I have been worn out, will I in order to save a person from physical duty to rescue, precipitates a difficult be rejuvenated? And my master is old!” or financial harm. [See Chafetz Chaim, decision: Do we err on the side of G-d then asked Avraham, “Why did Rechilut 9. Note: A discussion of confidentiality, or on the side of rescue? Sarah laugh, saying, ‘Can it be that I endangering a career to avert another Even if we conceal the worst, as G-d did will give birth? And I am old!’ Is person’s financial or physical harm is in relaying Sarah’s speech, how do we anything beyond G-d?... “ (Bereishit beyond the scope of this article.] decide whether it is a time to be silent, 18:12-14) Why did G-d fail to honour The Law Society honours confidentiality or a time to speak? (Kohelet 3:7) His principle of confidentiality? over rescue because Ontario law does We might apply five rules offered by the We might gain some understanding by not require any individual to save any Chafetz Chaim (Rechilut 9:2): studying a conflict between a halachic other individual from harm, unless a obligation and the Rules of special relationship of caring for the Make certain that the danger you Professional Conduct (2000) of the Law victim already exists. In contrast, as wish to avert is real and substantive; Society of Upper Canada, regarding explained by Rambam, halachah does Do not exaggerate; permission to break confidentiality. require that we rescue others. Act to help the victim, not to harm the Therefore, our responsibility to look According to the Law Society’s Rule after each other overrides our great other; 2.03(3), “Where a lawyer believes upon respect for privacy and confidentiality. Seek other methods of rescue first; reasonable grounds that there is an imminent risk to an identifiable person This duty to rescue may explain why Avoid language which could cause or group of death or serious bodily G-d spoke with Avraham about Sarah’s collateral damage to the subject. harm, including serious psychological laughter: G-d broke confidentiality to May we always honour our duty to harm that substantially interferes with rescue Sarah from denial of Divine rescue, but with a firm commitment to health or well-being, the lawyer may omnipotence. As we see in numerous our parshah’s value of confidentiality. disclose, pursuant to judicial order mitzvot, such as tochachah and lifnei where practicable, confidential iver, the Torah requires intervention to [email protected] OUR BEIT MIDRASH ROSH BEIT MIDRASH ABBI ORDECHAI ORCZYNER R M T SGAN ROSH BEIT MIDRASH ABBI ARUCH EINTRAUB R B W AVREICHIM ADAM FRIEBERG, JOSH GUTENBERG, ABBI DAM AW R A L CHAVEIRIM EITAN AZIZA, JOSH AZIZA, HILLEL BIERBRIER, DANIEL GEMARA, ALEX HUBERMAN, SHIMMY JESIN, YOSEPH LEVI, AKIVA MARESKY, JACOB NEMIROV, MITCHELL PERLMUTTER, KOBY SPIEGEL, GRAHAM TUGETMAN, MENDY WEISBROD, We are grateful to SHALOM WISE Continental Press 905-660-0311 Haftorah Yeshayah 43:21 - 44:23 Rabbi Mordechai Torczyner Who is the prophet of our haftorah? Jews compel G -d to elevate Our haftorah and our liturgy Yeshayah (Isaiah) was a prophet in the Nevuchadnezzar and the Babylonians, Several passages from our haftorah period leading up to the exile of the ten so that the Jews will be punished by have entered into the liturgy of Yamim northern tribes of Yisrael by the this mighty nation.] Noraim (the High Holy Days), because Assyrians. He lived in the southern of their statements of Divine might or kingdom of Yehudah, and he The haftorah continues (44:1-5) with a their promises of forgiveness. “I am the prophesied during the reigns of Kings promise by G-d that He will show us first and I am the last, and aside from Uziahu, Yotam, Achaz and Chizkiyahu. favour, and we will return to Him. G-d Me there is no G-d” (44:6) is part of The Talmud (Sotah 10a) states that he declares (44:6-8) that He is the only musaf for the second day of Rosh descended from Yehudah and Tamar. G-d, and that redemption of the nation haShanah. “I, I am the one who wipes can come only through Him; in a vivid away your transgressions for My sake, The prophecies of Yeshayah may be passage, the prophet declares that and your sins I will not recall” (43:25) classified in two categories, Rebuke and idols formed by man are powerless. is part of musaf of Yom Kippur. “I have Redemption; the former dominates the (44:9-20) wiped away your transgressions like a early chapters of the book, while the The haftorah concludes with a call to mist, and like a cloud your sins; latter occupies the latter portion. The the heavens and earth, hills and return to Me, for I have redeemed split is not clean, though; portions of forests to celebrate, for G-d will you” (44:22) is part of the Selichot the former include redemption, and redeem the nation He formed. (44:21- service. portions of the latter include rebuke. 23) In addition, the reassurances of our What is the message of our haftorah? What is the link between the haftorah have been incorporated into Although our haftorah comes from the haftorah and our parshah? the rituals of the close of Shabbat, as portion of the book of Yeshayah which Yeshayah charges the Jews with we transition from the security of our is normally identified with redemption, failure to bring korbanot, and declares communal Shabbat into the it begins with a message of that G-d has neither enslaved nor uncertainty of our week in the broader unambiguous rebuke. G-d tells the exhausted the nation with sacrificial world. G-d’s call, “Do not fear, My Jews (Yeshayah 43:21), “I formed you to demands for flour offerings and servant Yaakov” (44:2) is the refrain for be Mine,” and then He criticizes the frankincense. (43:23) On the other a poem which people sing at havdalah; nation for not bringing korbanot. In a hand, our parshah presents a list of the closing two verses of our haftorah, poetic rebuke, G-d says, “I have not G-d’s sacrificial demands; one might which call upon the universe to rejoice enslaved you with flour offerings and I view this as a contradiction of Isaiah’s at G-d’s redemption of our nation, are have not exhausted you with message. However, Rashi cites Eichah included in the “v’yiten lecha” verses of frankincense…but you have enslaved Rabbah (Petichta 10), noting that we redemption which many Jews recite Me to your sins and exhausted Me with are only expected to burn fist-sized after maariv at the close of Shabbat. your iniquities.” (43:23-24) [Radak quantities of grain and frankincense explains that G-d is burdened by His on the altar; these should not exhaust [email protected] patience with the nation’s sins.
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