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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.’“ (, 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 RABBI MORDECHAI TORCZYNER

SGAN ROSH BEIT MIDRASH RABBI BARUCH WEINTRAUB

AVREICHIM ADAM FRIEBERG, JOSH GUTENBERG, RABBI ADAM LAW

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 . “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. Rashi, us. Further, Rashi notes that these are echoing a midrashic theme, interprets voluntary offerings, rather than an the rebuke to mean that the sins of the enslaving obligation. 613 Mitzvot: #362-363 Rabbi Mordechai Torczyner Entering the Beit haMikdash and Temple Mount The Beit haMikdash, site of our korbanot and our closest majority of halachic authorities over the centuries. visible connection to G-d, is a place of taharah [ritual purity]. Therefore, one who contracts a particular type of tumah is One who is tamei [ritually impure] is not permitted to enter ineligible to enter the relevant location outlined above. the (mitzvah #362), and one who becomes tamei while inside Today, some authorities contend that one who immerses in the Beit haMikdash is required to leave (mitzvah #363). a mikvah may enter Har haBayit, only avoiding the spot Different types of tumah are subject to different rules: where the Beit haMikdash is supposed to stand. We cannot  One who is tamei from exposure to death is only required contract tzaraat today, and immersion removes the tumah to remain outside the Beit haMikdash proper; associated with genital discharge. [One would not need to  One who is tamei due to genital discharge [keri, zivah, dam wait for the total purification that comes with sunset; before sunset one is a tvul yom, who may enter Har haBayit.] niddah] is required to remain outside of Har haBayit [the Temple Mount]; Most halachic authorities are uncomfortable with the idea of  One who is tamei due to tzaraat is excluded from the entire entering Har haBayit, immersion notwithstanding. These authorities generally cite two reasons for their objections. city of Jerusalem. One reason is concern for inadequate immersion; the According to Sefer haChinuch, one who is tamei is not able to immersion required must satisfy the rules observed by relate to the holiness of the site. He writes, “Tumah weakens women when they immerse to end niddah status, with all of the intellect, confusing it and separating it from the celestial, the various preparations. The second reason is concern for complete Intellect until a person is purified… Therefore, one potentially entering the space where the Beit haMikdash who is contaminated by tumah should not be in the holy and ought to stand, since there is some debate about the proper pure place where the spirit of G-d is manifest.” site. For more on this halachic debate, see an article by

Rambam (Mishneh Torah, Hilchot Beit haBechirah 6:14) Rabbi Dr. Ari Zivotofsky at http://www.ou.org/torah/ machshava/tzarich-iyun/tzarich_iyun_har_habayit/. ruled that the sanctity of these sits remains even without a Beit haMikdash, and this has been the opinion of the great [email protected]

2 Visit us at www.torontotorah.com Biography Torah and Translation Rabbi Judah Minz Cross-Dressing for Purim Josh Gutenberg Rabbi Judah Minz, Shu”t Mahari Minz 15 Translated by Josh Gutenberg Rabbi Judah ben Eliezer haLevi Minz was born in Mainz, Germany, circa 1408. :Question שאלה: He lived in Mainz until the Jews were Regarding wearing costumes that על דבר לבישת הפרצופים שנוהגין ללבוש expelled, when Archbishop Adolf II took young men and ladies, old men and“ בחורים וגם בתולות זקנים עם נערים control of the city in 1462; he children” (Psalms 148:12) are בפורים. subsequently moved to Italy, where he lived for the remainder of his life. He was accustomed to wear on Purim.

תשובה: blessed with longevity, as he lived close to, if not more than, one hundred years Response: [But I have come to claim [small...... אבל באתי לטול שכר שיבא מכשורא .of age reward, like a splinter from a board, of דמצוה ליתן טעם ולהביא ראיה מה ראו על the commandment to provide a reason ככה גדולים וחסידי עולם ז “ ל שנתגדלתי Rabbi Minz served as Rabbi in Padua, a and bring proof “for what they saw fit to אצלם אשר ראו בניהם ובנותיהם חתניהם city in the region of Venice, in Northern ,(do concerning the matter” (Esther 9:26 וכלותיהם לובשין אותן פרצופים ושינוי Italy, for 47 years. He established a the great and pious ones, among whom I בגדיהם מבגדי איש לבגדי אשה וכן להיפך . yeshiva and had many distinguished grew up, who saw their sons and ואם היה ח “ ו נדנוד עבירה חלילה וחס להם disciples. Among these disciples were his son, Rabbi Avraham Minz, and Rabbi daughters, sons-in-law and daughters- in-law, wearing costumes and changing לשתוק ולא ימחו וכ “ ש וק “ ו באיסור לאו אלא ודאי היה להם ראיה וסמך שהיתר Meir Katzenellenbogen. Rabbi Katzenellenbogen published a collection their dress from male clothing to female ,clothing and vice versa. If, G-d forbid גמור הוא ואין בלבוש זו הרהור עבירה... of responsa (Shu”t Maharam Padua), and became a member of the Minz family [their actions constituted even] a hint of after marrying Rabbi Minz’s a sin, it would have been a disgrace for granddaughter. them to remain silent and not protest [their behaviour], and how much more Some believe that in addition to his so [if they were violating] a prohibition! rabbinic duties, Rabbi Minz lectured at Rather, certainly they had proof and a the university in Padua and even had his basis that it is completely permissible portrait hung up in the university. and [wearing] this clothing incorporates However, other scholars contend that not even a thought of sin ... this is incorrect; the lecturer was It is further found in a response written עוד נמצא בתשובה שכתב רבינו טוביה בשם another Jew, either Elijah Delmedigo or by Rabbeinu Tuvia, quoting Riva, that ריב“א שכל מאכל שחוטפין הבחורים משום .Abraham de Balmes any food that the young men grab in שמחת פורים אפילו שלא ברשות משעת celebration of Purim, even without מקרא מגילה עד סוף סעודת פורים שהם ב ‘ Although Rabbi Minz wrote numerous permission, from the time of megilah לילות ויום אחד אין בהם משום גזל ואין responsa, the majority of his written reading until the end of the Purim להזמינם לב “ ד על ככה ובלבד שלא יעשו works were destroyed shortly after his death, when Padua was ransacked by a Seudah, a period of two nights and one day, is not considered theft and they שלא כהוגן ע“פ טובי העיר עכ“ל. combination of invading armies. One of his grandsons discovered sixteen cannot be summoned to court for this matter, provided they do not act responsa that were not destroyed, and they were later published in the back of inappropriately, as determined by the the Shu”t Maharam Padua. communal leaders.

Behold, [Rabbeinu Tuvia] wrote that in הרי שכתב שבזמן הנזכר אין בו משום גזל ,Rabbi Minz died in Padua on 24 Tishrei the aforementioned time it is not אבל קודם לכן וכן אחר כן יש בו משום גזל .(1508) 5269 considered theft, but before [Megillah ועובר על לא תגזול מ“מ בזמנו משום שמחת reading] and after [the Purim seudah] it פורים לא אקרי גזל כיון שאינו עושה על [email protected] is considered theft and one violates the מנת לגזול ולהרויח אלא משום שמחת prohibition of “Do not steal” (Leviticus Nevertheless, in the allotted .(19:13 פורים הכי נמי נדון דידן לא שנא כיון שאינו time, due to the celebration of Purim, it מכוון לניאוף אלא לשמחת פורים וכמו שלא is not considered theft since he is not עשו גדר התם לענין גזילה כיון שאינו נוהג doing it for the purpose of stealing or כי אם ב ‘ לילות ויום אחד הוא הדין נמי ,profiting, but to celebrate Purim. So הכא דגזל ועריות יצר אחד להן too, in our scenario [cross-dressing on Purim] it is no different since he does not intend to commit adultery, but rather, [he intends] to celebrate Purim. The same way they did not define a limit regarding theft since it is only practiced for two nights and one day, so too here, since theft and adultery stem from the same inclination.

Visit us at www.torontotorah.com 3 This Week in Israeli History: 6 Adar 2, 1948 - Founding of Israel’s Navy Mrs. Sara Frieberg 6 Adar II is Shabbat Over the course of the seven years following the War of

The roots of Israel’s Navy can be found in the Palyam, the Independence, the Navy worked to build itself up in terms of naval branch of the pre-State Palmach, which focused its equipment and its level of sea-training.

mainly on transporting European refugees into Palestine The Navy has played a role in many of Israel’s wars, and it has illegally under the British Mandate. The Palyam was a protected the coastline during times of relative calm. Following beneficiary of the forethought of Vladimir Jabotinsky and the Six Day War, Israel gained 800 km of coastline, and so the his followers, who established Betar Naval Academy, a Navy suddenly saw a five-fold increase in the area that Jewish naval training school in Civitavecchia, Italy, in 1934, required its protection. with the consent of Benito Mussolini. Cadets from Europe, Israel, and South Africa trained there, and some ultimately The most noteworthy engagement in the history of the Israeli became the first commanders of the Israeli Navy. Navy took place during the Yom Kippur War in the Battle of Latakia. Israel set out to disable Syria’s naval fleet, and On 6 Adar II (March 17), 1948, the “Naval Service” was succeeded without suffering any loss. After the Israelis sunk established at the order of the Chief of Staff of the Haganah. five Syrian ships with missiles, Syria’s fleet remained holed up Impressively, despite the superiority of the enemy fleet, the in its port for the remainder of the Yom Kippur War. nascent Israeli Navy gained control of the Sea during the War of Independence. Most notably, the Israelis succeeded [email protected] in sinking the Egyptian flagship, the Emir Farouk.

Highlights for March 8 – March 14 / 6 Adar 2 - 12 Adar 2 Time Speaker Topic Location Special Notes

SHABBAT MAR 8 8:15 AM Josh Gutenberg Parshah BAYT In the main shul Before minchah R’ Mordechai Torczyner Daf Yomi BAYT Before minchah Adam Frieberg Purim Shaarei Tefillah Gemara Avodah Zarah 38a After minchah R’ Mordechai Torczyner BAYT Bishul Akum

SUNDAY MAR. 9 9:15 AM R’ Shalom Krell Kuzari Zichron Yisroel With light breakfast Questions in Contemporary Israel: Women in the IDF 8:00 PM R’ Baruch Weintraub On-line shiur in Hebrew: http://www.torontotorah.com/online

MONDAY MAR. 10 Adam Frieberg Kuzari Community 8:00 PM Josh Gutenberg Parshah Shaarei Shomayim Beit Midrash Night R’ Mordechai Torczyner Medical Halachah: Shabbat 8:00 PM Rav Shlomo Gemara Prophets of Israel: Yoel Bnai Torah

TUESDAY MAR. 11 12:30 PM R’ Mordechai Torczyner Living Midrash Shaarei Shomayim 8:30 PM Adam Frieberg Exploring Laws of Shabbat Shaarei Tefillah

WED. MAR. 12 Jews in Foreign Palaces: 12:30 PM R’ Mordechai Torczyner York U JLIC/Hillel With Lunch Yosef, Daniel, Esther For women only 2:00 PM R’ Mordechai Torczyner The Book of Yehoshua 49 Michael Ct. 2:00 PM this week 8:00 PM R’ Mordechai Torczyner Business Ethics: Lending Community Yeshivat Or Chaim 9:00 PM R’ Yehoshua Weber Responsa: Metzitzah Beit Midrash Night

THU. MAR. 13 Taanit Esther (mukdam) 8:50 AM R’ Aaron Greenberg Laws of Shabbat Yeshivat Or Chaim University students

FRI. M4AR. 14 We would like to thank koshertube.com for filming our shiurim! Visit us at www.torontotorah .com 10:30 AM R’ Mordechai Torczyner Laws of Sheva Berachot 4 Yeshivat Or Chaim Advanced shiur

OUR MISSION: TO ENGAGE, INSPIRE AND EDUCATE THE JEWISH COMMUNITY OF THE GREATER TORONTO AREA. WE APPLY OUR TORAH HERITAGE TO THE DAILY LIVES OF MODERN JEWS, THROUGH CLASSES, DISCUSSIONS AND CHAVRUTOT IN OUR HOME BEIT MIDRASH AND OUR BNEI AKIVA SCHOOLS, AS WELL AS THE SYNAGOGUES, CAMPUSES AND WORKPLACES OF THE GTA.