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245 28 Mar 2020 יפקד ה' פקד יפקד ה' הריני בא ללמוד תורה לשמה לעשות נחת רוח לאבינו שבשמים
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aseres hadibros. Is this double- Hashem’s bigger picture. “Man plans Rabbi Daniel Fine standards? and G-d laughs” as they say. We can only Community Rabbi, Stanmore and Canons Park US; Hasmonean Beis Programme Various answers have been given, do our best because ultimately in the including distinguishing between Moshe play that is life, we are sometimes actors, being a representative of the entire but at these times we are spectators. In sports games, there are nation versus Moshe meriting things To try and hoard, panic-buy and elicit stand-out players. In plays, there based on his own high spiritual level. But human control seems to be mistaken. are stand-out actors or actresses. for us in our current times, perhaps we It takes a big and humble person to be And in our parsha, there is can comment that there are times to able to let go – to do what we can but to arguably a stand-out letter. In be humble, and times to realise we have acknowledge that Hashem is the only classic Jewish philosophical One who can ever be in control.M vein that ‘humble things make indeed been humbled. the most impact,’ the stand- The world is sophisticated and out letter is the small Alef. And impressive, and humanity has been on the Ba’al Haturim comments the front foot of charting its course over that the reason is that Moshe’s the last few years. But the world grinds humility pushed him to ask that to a halt with a virus – reminding us, the Alef be made small, to denote above all, that humanity has its limits. a chance calling from Hashem To be proud of our achievements and (vayikar). The obvious question advances is nothing bad, but being is that there are other instances that Moshe is clearly centre- able to admit that it is Hashem’s world stage and Hashem calls him is essential. And part of that means directly – it is Moshe who goes that there is nothing wrong with life up the mountain to receive the being uncertain or being dependent on
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A Novel Interpretation of the Term “Rei’ach Nichoach LaShem”
he HaKsav V’HaKabbalah makes Al-mighty wants so much — it is a beautiful observation that there Rabbi Yissocher Frand what the korban Rosh Yeshiva, Tis a recurrent theme throughout is going to Ner Yisrael Baltimore Sefer Vayikra: When the Torah speaks bring out in the of the burnt offering, it refers to it quite person. ‘Korban’ comes from the often as olah, ishei, rei’ach nichoach word karev — which means coming closer. When a person lashem — an olah-offering, a fire-offering, brings a korban, that says he wants to be better. Either it is a sin a pleasing fragrance to Hashem. Most offering and he wants to bring atonement for what he has done, or it is a burnt offering (olah) or a peace offering (shelamim). of us understand that the term rei’ach In any event, his bringing the korban is an anticipatory act. He nichoach (a pleasing fragrance) refers to thereby anticipates what is going to happen by virtue of him the sacrifice. For some reason, the Ribono having brought the sacrifice. The rei’ach nichoach laShem is that shel Olam gets some type of pleasure from now the Ribono shel Olam sees — smells, if you will — from this activity of bringing a korban that this person is going to be the aroma of Korbonos. better in the future. HaKsav V’Hakabbalah brings from a sefer called ‘Ma’aseh The korban is the “smell” that indicates what is going to be. HaShem’ that this is incorrect. He interprets that the term His offering is indicative of what he is going to do and who he rei’ach nichoach laShem is not referring to the korban. It is is going to be in the future. That which is going to happen in referring to the person who brings the korban. To what can the the future is always referred to as smell. One “smells it” before matter be compared? On Erev Shabbos, most of us walk into one is actually there. HaKadosh Baruch Hu loves the smell of our homes and we smell something delicious. Maybe it will the person who wants to become better and who wants to be the chicken soup coming to a boil, maybe it will be freshly become closer to Him. That is why a korban is “rei’ach nichoach baked challah, maybe it will be the chicken that is roasting in laShem” — the person, not the animal. M the oven. Whatever it is going to be, when one walks into the door of a traditional Jewish home on Erev Shabbos — even if one is on a different floor, even if he is 50 feet away from the kitchen — aaah! It smells so good! Smell, to use an idiom from the business world, can be called “a leading economic indicator.” This means that one does not have to taste the chicken soup, one does not even have to see the chicken soup to know that “tonight I am going to have a delicious meal.” I know I am going to have fresh challah and kugel and chicken soup and it is all going to be geshmak! I know that already, without having tasted a morsel, because I smell it. The nature of smell is that it is anticipatory. Our sense of smell allows us to anticipate what it going to be. HaKsav v’HaKabalah writes that when a person brings a korban, he wants to do Teshuva. It is not the korban that the
For questions on Divrei Torah, please email the editor To receive this via email To suggest an idea or a response to the ideas exchange Rabbi Yonasan Roodyn at [email protected] please email [email protected] please email [email protected] 3 פרשת ויקרא ג' ניסן תש"פ Mar 2020 28
Rabbi Avrumi Marmorstein
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the sacrificing serves as a cleansing of the soul of the person who brings the korban. When someone witnesses the various אדם כי יקריב מכם קרבן לה׳ )ויקרא א’:ב’( At the beginning of the parsha (1:2), with the introduction to processes of the bringing of a korban, including slaughtering korbanos, the pasuk says, “ ”. “When a the animal, removing and cleaning the various parts, catching אדם כי יקריב מכם קרבן לה׳ man will bring a korban to Hashem.” and sprinkling its blood, and, lastly, burning the animal on the Later (4:2), the pasuk introduces the korban chatas, the sin mizbeach, he should think to himself that the animal is replacing literally, “when a soul him, as he really should have to undergo such experiences to-”נפש כי “תחטא offering, with the words will sin.” somehow counteract all of his negative actions. We can see from these pesukim that man is essentially Such an idea is reinforced by the pesukim’s addition of the made of two parts. One is the adam, derived from the word seemingly superfluous word of “ ” (see Vayikra 1:2), as it מכם adama- earth. This represents man’s earthly desires and his from ”,מכם“ becomes clear that the korban should actually be materialistic side. The second aspect of man is his nefesh - soul, you, yourself, but Hashem, in His infinite kindness, allows Klal which represents spirituality and closeness to Hashem. When Yisrael to sacrifice animals in their stead. Thus, through the one dies, the adam returns to the earth and the neshama goes bringing of a korban and the accompanied introspection, he will to be close with Hashem. At the time of techiyas hameisim, the become a holier person and prevent such acts from occurring neshama will return to elevate and purify the adam. in the future. Rav Leib Chasman zt’’l asks: if the adam pushes us to sin This is similar to an idea of Rabbi Mordechai Kamenetzky. and the nefesh pulls us close to Hashem, then why regarding He writes that adam, a single man, and mikem, the greater korbanos does the pasuk say “adam,” and regarding sin say community, are as one. When an individual does an action, “nefesh?” The root word of korban is karov - close, which is whether good or bad, he affects everyone. One man can be represented by nefesh, not adam! What exactly does adam responsible for the whole nation. represent? Both views on this pasuk present a similar message. When The Nefesh HaChaim stresses the connection of adam to we do an action, we must have in mind that we affect much korbanos. Look how one single act of Adam Harishon changed more than just ourselves. the whole world and the course of mankind! One must realise The Slonimer Rebbe shlit”a explains that this is what the potency of your actions! Even if we don’t see the results is meant by the word “ ”, from you. Don’t simply bring מכם !of our decisions and actions, recognise that you too are adam an animal! The sacrifice must be , from you! Sacrifice מכם Decide to go about correcting the state of mind which led to yourself! If the korbon is , then and only then is it a “korban מכם .that choice of action; bring a korban laHashem”; a true means of drawing close to Hashem. Rav Chasman answers that the Torah is trying to teach us Though we don’t have korbanos unfortunately today, we do that both halves are always present. When we go to sin, we have have this concept of ‘sacrifice’, of giving from one’s self. If we to drag along the nefesh and degrade it through the horrible cannot offer an olah, a shelamim or a chatas, we can at least learn experience. However, the opposite is also true. When we bring from their lessons what ‘sacrifices’ need to be made in life to a korban, the adam is uplifted and sanctified. prepare the way for our ultimate victory, and of the ultimate The Alshich, quoting the Ramban, gives a powerful answer redemption. M to these questions. He remarks that the essence of bringing a korban is not the actual offering of the animal, but rather how 4
in over 150Jewishin over communities. inSt. representatives After Petersburg, meeting withgovernment herealised immediately from theCzar’sassassination in1881.TheJews falselyimplicated were andpogroms broke out toprepared honour, forgohisown to thekavodhaTorah preserve Rav. ofanother second, asitadmitted to mistake themakingaprevious inpsak.Rav ShachaddedthatRav Elchononwas Yitzchak mistake. wouldnotbeableto Thusthey usethefirst telegram asitruledincorrectly, usethe could they neither tosent theRav’s him,heshowed aGadolcouldmake thatthequestionwasoneabout whicheven opponents a History Rabbi? astrategytheir own Sohedevised to Bypretending them. silence to withrespect to err thequestion really atrap to theRav’s prove incompetence address a shaylato –why elsewouldthey himwithoutinvolving was wrong. Rav was ShachexplainedthatRav query innocent Elchonon recognized thattheseemingly Yitzchak asecondtelegram,Elchonon sent positionandadmitted thathisfirstruling hisprevious inwhichhereversed their enquiry. He responded almostimmediately, butissuedamistaken psak!Shortlyafterwards, Rav Yitzchak atelegramsent to Rav ElchononSpektor Yitzchak thereason behind askingforhispsak,withoutrevealing onalloftheRav’sa highlycriticaleye halachicrulings. Atonepoint,theRabbi ruledwrongly andhisdetractors town andsome ofthelocalTalmidei often Chachamim.As insuchcases,the‘opposition’beganto happens cast story whichwasrelated Rav by Shachzt”l.In wastension aparticularcommunitythere theRav between ofthe ameilus (effort). intellect andstood talmidchochompurely through one canbecomeatremendous asproof therefore ofhow Further indicationofRav Elchonon’scharacter whichfollowed from Yitzchak theevents canbe seen toHis peopleaswellhissensitivity pikchus inunderstanding through a well-known individualscanbeseen Remarkably, theChazonIsh wouldsay aboutRav average Elchononthathewasoriginallyofvery Yitzchok History Halacha Within Rav Yitzchak Elchonon The Kovno Rov Spektor – that oftheKovno Rov. nevertheless madeitsway intopeople’s homes: photography was initsinfancy, onephoto it isunderstandablewhy in anerawhere the respectofallelements ofRussian Jewry, gadol inEuropewho was abletocommand and by Rav Elchonon Wasserman asthelast of thetitle“Rabban Shel Kol Bnei Hagolah” Rav IsserZalmanMeltzer assuitably worthy Gadol HadorofCzaristRussia. Describedby a descriptionofRav Yitzchak Elchonon -the achrayus. Andindeedallthesewere very much tzidkus, knowledge, perception,empathy and Chochom orRav intoaGadol, including: A numberofelements serv[etoelevate aTalmid Director of Education, JLE Rabbi AubreyHersh 1817-1896 –Yahrzeit on21stAdar
Oneg ShabbosIssue245 5 פרשת ויקרא ג' ניסן תש"פ Mar 2020 28
that no help would be forthcoming within the Russian Empire. overwhelming majority of victims of deep-sea shipwrecks perish Yet getting the Jews abroad to protest against the Czarist regime (roiv). In addition, most passengers had not managed to get on could backfire and lead to an even greater sequence of repression. the lifeboat (a second roiv). It can therefore be assumed that the He therefore wrote a coded letter to Lord Rothschild in London husbands of the Agunos were amongst those who remained behind in which he presented the problem of ‘an Agunah in Russia’ who and sank with the ship. He also writes of the fact that no word needed help and instructed Rothschild to galvanise non-Jewish had been heard from any of the husbands, and none of them were support only, which was successfully done amongst both politicians known to be estranged from their wives prior to the tragedy. and in the newspapers. He was also consulted regarding cases of Chalitza. In one The letters that he would write on behalf of communities instance, a Jewish soldier told a fellow (non-Jewish) combatant, of were not simply appeals but heartfelt entreaties for help. Phrases a Jew who was killed in battle. This was subsequently confirmed would feature by an independent army report that was sent to the widow (based ,לגופי אין כח, בלבבי אין רוח... המתחנן לפניכם such as commonly in his letters, and even the Hamelitz newspaper - the on the testimony of a different individual). Rav Yitzchok Elchonon mouthpiece of the Maskilim - quoted him with respect. ruled that the army declaration could be accepted, based on the Bluma Solomonson, who was one of his few grandchildren to Mishna in Gittin that documents issued from a non-Jewish court survive the Holocaust, recalled that when she was six or seven, she are valid (with the exception of divorce documents) and that would spend time with her grandparents during the summer, in a nowadays official records are treated as if issued by a court. resort near Kovno. She noticed there, that even the animals had a Another teshuva regarding the status of a married woman, rapport with him. The cat for instance, sat on a chair behind her concerned a husband who wanted to divorce his wife who was grandfather and ate directly from his hand. hospital-bound. Since he now lived far from his home-city, he In the realm of Halacha he was unafraid to give psak appointed an agent to deliver the get. Shortly thereafter, the regarding Klal issues. Following a famine in 1868 he permitted husband appeared in the city in person. He asked the agent whether the consumption of Kitniyos for that Pesach. Being concerned he had carried out the task, and upon hearing that he had not, the however, that some might endanger themselves and be stringent, husband declared that he wanted to patch things up with his wife. he publicised the fact that he and the ‘chashuvei ha’ir’ would all He therefore went to the hospital and spoke to her, after which eat Kitniyos that year. However his most critical role in halacha they agreed to live again as man and wife. She remained in hospital was alleviating the plight of Agunos, where his advice was sought and he went to his wife’s home. Concerned when he did not visit from across the world. The problem greatly intensified in the her again, she went looking for him. Coming home, she discovered 19th century as Jews were drafted into various armies, many of to her great consternation the box where she kept her money had them subsequently being reported as ‘missing in action’. Mass been opened. Her 30 roubles were missing and so was her husband. transportation across the oceans (particularly to the USA) also He had run away to America. More than three months went by contributed to the problem, due to mishaps at sea. and she did not hear from him again. The husband was known as a rogue and the question was whether the agent could now hand over He wrote over 100 teshuvos (many containing the word the the get. and I have permitted it”) and expended incredible“ - והתרתי words effort to help these anguished women. When one of his children fell Rav Yitzchok Elchonon responds by saying that although at first glance it seems that the get was invalidated by their reconciliation, that she be healed in the zechusהקב״ה gravely ill, he pleaded with of his tremendous exertion on behalf of so many Agunos. One of his subsequent actions show his intent to steal her money and run his fundamental rulings (which became a precedent for the leading away and his disinterest in any genuine reunion. Since he was never poskim of the 20th century, especially in the tragic circumstances alone with his wife – as she was in the hospital – we need not be post both World Wars), was known as the ‘double majority (roiv) concerned that this is an outdated get and therefore the agent may principle’. As an example, in 1883 he was asked about a ship that deliver the get, allowing her to marry. M had sunk a day’s travel from the port of Hamburg. He ruled that the The Good Quote CREDIT: 6 Oneg Shabbos Issue 245
Korbanos: Gift vs. Obligation Rabbi Aaron Lopiansky Rosh Yeshiva of The Yeshiva of Greater Washington & TorahWeb.org
Vayikra begins by laying down the laws of korbanos, the foremost, commandments. A person who does a mitzvah, even Temple offerings or “sacrifices” as colloquially [but quite if there are shortcomings in its performance, still has done inaccurately] translated. The second pasuk details a few general his duty. But then there are korbanos, which are “offerings.” disqualifications that limit which animals may be used for a Although some korbanos are obligatory, the quintessential korban in all types of korbanos. “Of the cattle” invalidates animals korban is a voluntary offering, the equivalent of a “gift.” This upon whom bestiality has been performed, “of the sheep” is evidenced by the fact that Rashi explains that the very first eliminates those animals designated for animal worship or those part of Vayikra is speaking specifically about a voluntary korban. animals who had killed a person, and so on. The exclusions This would indicate that the quintessential form of korban is listed are specific to korbanos and are derived directly from indeed the voluntary gift, while the obligatory korbanos comprise the grammatical form employed [i.e. the word “of”, such as in a special subcategory. It therefore makes sense that the first “of the sheep”, implies that some of a given set of animals are disqualification listed for korbanos is a stolen korban, for this acceptable, but not all.] negates the essence of the korban. It is almost as if the pasuk is The very first disqualification that is learned from these meant to read, “if man offers of himself a korban”, and if there pesukim, however, presents two difficulties. The very firstpasuk is no “self” in the korban being offered, there is absolutely no says, “a man who will offer up a korban”, which is explained to korban to speak of. Offering a stolen animal is not an ancillary teach us that, “just as the first man [i.e. Adam] did not offer offense, or even the violation of a prerequisite; rather it is a stolen animals [as korbanos], for everything belonged to him, so distortion of what a korban is supposed to be! Adam was the only too when you bring a korban, you may not bring a stolen [animal person in the world and thus its exclusive owner, and therefore as a] korban.” his bringing a korban was, by definition, giving of himself, and that serves as the prototype of what a korban is supposed to be. This is doubly perplexing. First of all, the prohibition of using stolen goods for the purpose of a mitzvah applies to all mitzvos This gives us insight into why the Nevi’im, when castigating and could have been taught in the context of any mitzvah. Why, Klal Yisroel for their sins, kept focussing on their korbanos. then, would this universal disqualification be the first one listed For when a person is negligent in some of his duties, he is not for korbanos? Shouldn’t something uniquely relevant to korbanos excused from the rest of his duties, and certainly is not to be have been listed first? Secondly, at first glance it seems to be a faulted for fulfilling them! If one does not wear tefilin, he will not stretch, contrived even, to assume that “adam - a man” refers be excoriated for wearing tzitzis! But korbanos are “extra-credit.” specifically to Adam Harishon and his ownership of all animals in As such, if a person is negligent in his basic obligations, and the world. What does this seemingly far-fetched allusion mean? yet offers korbanos, the korbanos are seen as a cynical attempt to curry favor with Hashem instead of doing what is right. If In order to understand the unique impropriety of stolen we steal, act unjustly, and do not care for the weak, we are still korbanos, we must define the world of korbanos vis-a-vis all other doing what is right when we blow shofar and eat matzah; the mitzvos. wrongness of our misdeeds and the correctness of our mitzvos Imagine I hire a workman to fix something in my house and are independent of each other. But when we dare offer “gifts” to then discover that he used stolen goods to do so. Although I Hashem while also engaging in wrongdoing, then the negative will be very upset and feel that he had committed a terrible connotations of our misdeeds corrupt the korbanos themselves. wrong, his wrongdoing does not contradict the essence of our This is something to consider when we are engaged in transaction. I paid him to fix something, and he did so. But now activities that are lifnim mishuras hadin. As long as a person let us picture someone giving a close friend an expensive stolen is focused on doing what is required min hadin, then his item as a gift, or a chosson giving a kallah a stolen diamond ring. shortcomings do not directly affect his mitzvos. But if a person In these cases, the misdeed strikes at the heart of the very gift. goes lifnim mishuras hadin in some areas while being grossly The very essence of a gift is giving of oneself to another, i.e. negligent in others, his lifnim mishuras hadin becomes a travesty taking the time and effort that I’ve invested in earning money and highlights his wrongdoings, chas v’shalom. M and giving it to another in the form of a gift. The giving of oneself is totally absent when presenting a stolen gift, and thus such a gift has no redeeming value whatsoever. The world of avodas Hashem has two major components: obligations and voluntary opportunities. 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With the 14th Daf Yomi cycle having The origins & commenced recently, it is appropriate to consider why both the Talmud Bavli and Talmud Yerushalmi and other works of that era, as significance of well as many other parts of our davening, were composed in Aramaic rather than Hebrew. Furthermore, the texts of the kesubah (marriage contract), the get (bill of divorce) the as well as parts of the Pesach Haggadah were Aramaic written in Aramaic. This is the first article in a two-part series which explores the origins of the Aramaic language from the time Creation language through to canonisation of the Tanach.
The origins of Occurrences of Zwi Yosef Sacho Aramaic Baal Koreh and Maggid Shiur of Aramaic in Kesuvim 5-minute Daf Yomi vort In terms of its antiquity, the Gemara The occurrence of Aramaic in Kesuvim is (Sanhedrin 38b) quotes Rav, the great more widespread. After the destruction of Amora from Bavel, who traces the Bayis Rishon, the Aramaic language, which origins of Aramaic to the time of Adam Harishon who spoke was already the vernacular used in Asia Minor in the time in Aramaic. At the beginning of Sefer Bereishis, we find that of Assyrian, Babylonian and Persian domination, took hold one of the sons of Shem was called Aram (Bereishis. 10:23) more and more of the Jewish populations of Eretz Yisroel yet the Torah does not describe his descendants. Instead, the and Bavel. In fact, the Gemara (Pesachim 87b) tells us that Torah lists the descendants of Arpachshad, the other son of after the destruction of Bayis Rishon, Hashem specifically Shem, until we get to Nachor, the father of Avraham. Nachor chose to exile the Jews to Bavel because of the similarity of had a son called Kemuel, the brother of Avraham, who had a Hebrew and Aramaic, to ease the acculturation process. This child also called Aram (Bereishis 22:21). Besuel, another son becomes apparent by the increased use of Aramaic in the of Nachor and his son Lavan are both described as Arameans books of Kesuvim written post-Bayis Rishon. For example, the (Bereishis 25:20 and 31:20). In fact, the Gemara (Berachos Book of Doniel begins in Hebrew, but when it introduces the 13a) derives the name “Avram” as being the father of Aram. Babylonian interpreters of Nevuchadnezzar’s dream and the We therefore see that the earliest history of Klal Yisroel is related narrative, the book switches to Aramaic from Chapter connected with the Arameans of the East. In fact, the Rambam 2 verse 4 through to Chapter 4 verse 28. In the Book of Ezra, is quoted as saying that Aramaic and Arabic are distortions of many parts of the narrative dealing with the rebuilding of Hebrew (Kuzari 2:68:5 footnote 381). Bayis Sheni and the various letters written between the Jews and the Persian and Assyrian officials are reproduced in the Occurrences of Aramaic in original Aramaic (see Ezra 4:8-6:17 and 7:11-26). Similarly, we have words in Iyov (for example, 28:8, 29:4 and 36:2) written the Torah and Neviim in Aramaic, though its date of authorship is unclear – see Bava The Talmud Yerushalmi (Sotah 7:2) notes that Aramaic Basra (15a-15b). The employment of both Hebrew and Aramaic is found in all three sections of the Tanach. In the Torah, an languages in the books of Tanach well illustrates its use in the Aramaic expression occurs only once, in the narrative of the circles in which the various books were written. covenant between Yaakov and Lavan, where it is stated that each of them named, in his own language, the stone monument Conclusion built as testimony of their treaty. Yaakov called it “Galeid” Aramaic traces its origins to the time of Adam Harishon and and Lavan used the Aramaic equivalent, “Yegar sahaduta” was in use long before its widespread use in the Talmud. It is (Bereishis 31:47). In the Neviim, Aramaic also occurs only an ancient language inextricably linked with the Jewish people once in Yirmiyahu (10:11), where the Navi describes the text from the time of Avraham Avinu and finds its way on numerous that was sent to the Jewish Exiles in Bavel, telling them what occasions into our holy Tanach. The next article will explore to answer their captors who would try to persuade them to the use of Aramaic from the post-Tanach era onwards. M worship their idols. The first posuk in this letter was written in Source: http://www.jewishencyclopedia.com/articles/1707-aramaic-language-among-the-jews Aramaic to indicate that the response must be understood by the Babylonians, whose vernacular was Aramaic at the time. To join the author’s daily 5-minute Daf Yomi WhatsApp group, please send a WhatsApp message to 07913763641 8 Oneg Shabbos Issue 245
Restoring the primacy of Choshen Mishpat Under the auspices of Harav Chaim Kohn שליט"אשליט"א Under the auspices of Harav Chaim Kohn Rabbi Meir Orlian Halachah Writer, BHI
to TWO MORE dissent, his Back in Parshas Yisro, we find the description of the opinion establishment of the Jewish judicial system, with the would be appointment of officers of various levels along with nullified Moshe to judge the people. by the Mr. Weiss and Mr. Schwartz were involved in litigation in Rabbi Dayan’s Beis Din. The case was extremely complicated, both factually and halachically. Beis Din majority. However, when the third spent five sessions meeting with the parties. The Dayan is undecided, he does not count; it is like only two Dayanim laboured hard over the case and reviewed Dayanim ruled. Furthermore, if he expressed a dissenting the mounds of documents that were submitted in opinion, perhaps the others would come around to him” conjunction with it. (C.M. 18:1; Sma 18:4). After examining all the facts, the Dayanim debated “Why add two?” asked Mr. Weiss. “Wouldn’t one Dayan among themselves the various sides of the issue. One suffice to replace the undecided one?!” Dayan was certain in his opinion. Another leaned in that “We want to avoid an even-numbered Beis Din,” replied direction but was hesitant. The third was unsure and Rabbi Dayan. “According to the Rambam, cited by could not reach a decision. Shulchan Aruch, the Dayan who is undecided remains Rabbi Dayan decided to summon the litigants for one part of the panel, and continues to participate in the additional session, in the hope that that it would help deliberations. Through the continued discussion, we clarify one remaining point. At the conclusion of the anticipate that he will take a position” (C.M. 18:1). session, he asked the litigants to step out, so that the “Some provide an additional reason for adding two Dayanim could deliberate among themselves. Dayanim. If the initial two were split, we do not want the The first Dayan reiterated his initial position. The second additional Dayan’s opinion to be evident to the litigants. Dayan said: “After much consideration, I’m willing to Accordingly, even if the original panel was agreed to agree with you.” be four and was split evenly, we still need to add two” “Unfortunately, I am still not able to come to a decision,” (Shevus Yaakov 1:133; Pischei Teshuvah 18:5). said the third Dayan. “I see the validity of both sides.” “What happens if the undecided Dayan remains Rabbi Dayan called the litigants back in. “Two of us are of undecided?” asked Mr. Schwartz. the same opinion,” he said. “However, the third Dayan is “If three or four of the five Dayanim agree, we follow undecided, and cannot render a decisive opinion.” that majority, even if one or two are undecided,” replied “I don’t see the problem,” said Mr. Weiss. “If two of you Rabbi Dayan, “since now at least three issued the are of the same opinion, the case is effectively decided! majority ruling. If two absolve and two obligate and Even if the third Dayan would disagree with the other one is undecided, we add another two, until reaching a two, the ruling is according to the majority.” maximum of 71. “Not so simple,” said Rabbi Dayan. “We need to expand “If two absolve, one obligates, and two are undecided,” the panel of Dayanim!” concluded Rabbi Dayan, “The Bach maintains that this is “That’s interesting!” exclaimed Mr. Schwartz. He asked: considered a majority of three, but many Acharonim rule Why do we need to expand the panel of Dayanim? that we need to add, since there isn’t a majority when considering also those who are undecided” (Bach 18:1; “The Mishnah (Sanhedrin 29a) states that if one Dayan Sma 18:6; Shach 18:2). absolves and one obligates, or even if two absolve or obligate, and the third is undecided – we add two Verdict: When one of the three Dayanim is undecided, Dayanim,” answered Rabbi Dayan. “Were the third Dayan we add two Dayanim, and the deliberations continue with a panel of five. M
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The purpose of the Jewish people is “that it will Rabbi Jonathan Shooter Kollel Midrash Shmuel declare My praise” (43:21). Yet something else was he a th r li he a ee l etaile e a the Ha tara hich ca e recei e riti t [email protected]