Vayeira

Vayeira 15 Cheshvan 5774

Mercy and Forgivingness Harav Yosef Carmel

Before the ’s account that Hashem informed Avraham of His plans to destroy S’dom and its neighboring cities, the Torah gives some introductory comments: “Hashem said: Am I to hide from Avraham that which I am doing? And Avraham will be a great and powerful nation, and all the nations of the land will be blessed through him. For I know him that he will command his children and his household after him, and they will follow the path of Hashem to do charity and justice, so that Hashem will bring unto Avraham that which He spoke to him” (Bereishit 18: 17-19). The (Midrash Aggada, Vayeira 18) explains the importance of Hashem’s notification to Avraham. It relates to Hashem the following sentiment: “I gave this whole Land to Avraham, and now I want to destroy five of its cities due to their sins. If I do not tell him, he will be able to say that I backed out of My commitment.” The midrash does not tell us what lesson we learn from this conversation or what the connection is to the description of Avraham’s educational legacy. We will try to do this through other passages in Chazal . At the end of Sefer Shmuel , the navi deals with a difficult episode in the life of . A strong famine was afflicting the Land after the death of Shaul; David became aware that it was due to the mistreatment by King Shaul of the Givonim, who were not part of the Israelite nation. David approached them with an inquiry as to what could be done to appease them so that they would pray for the welfare of society. Their frightening request was to have seven of Shaul’s descendants given to them to be killed and displayed publicly (Shmuel II, 21: 2-6). Only harsh revenge and not some other form of compensation or appeasement sufficed for them. While David was compelled to accept these demands, the episode brought him to a decision that impacted on all generations. The Givonim would not be allowed to marry into general Jewish society, even though they underwent the conversion process (see Shulchan Aruch, Even Haezer 4:2). The (Yevamot 79a) explains David’s rationale, which seems strange considering that Hashem supported their right to make the demand that they did. The Jewish people have three qualities: the people are merciful ( rachamanim ), bashful, and do acts of kindness (the pasuk brought as evidence is the above pasuk about Avraham). Those who do not share such qualities are not fit to join. (ad loc.) explains that the Givonim had shown that they were not merciful. Rashi teaches us that rachamim is not just to feel bad for the weak and oppressed. Rachamim applies to forgiving those who harmed them and deserve punishment yet ask to be given the opportunity to appease their victims and be forgiven. Avraham, on the other hand, was the clear contrast. He tried to save the evil people of S’dom and succeeded in saving , his nephew who had upset him. He internalized the message of forgiveness, whether it be of family members with whom one quarreled or another who harmed him. That is why Hashem’s beloved Avraham was the father of the nation of merciful, bashful doers of kindness. May this national quality find increasingly active expression in our present-day Israeli society.

Refuah Sheleimah for Rabanit Itah bat Chana Ehrenreich & Mr. Eliyahu ben Sara Carmel amongst the sick of Klal Yisrael

Hemdat Yamim is dedicated in memory of R’ ben R’ Yitzchak z”l

Hemdat Yamim This edition of Hemdat Yamim This edition of Hemdat is endowed by Hemdat Yamim is dedicated Yamim is dedicated to the Les & Ethel Sutker is dedicated in memory of memory of of , Illinois to the memory of Shmuel Rozenhak George Weinstein, in loving memory of R' Meir o.b.m Gershon ben Yehudah Max and Mary Sutker ben Yechezkel who passed away Mayer, and Shraga Brachfeld o.b.m Iyar 6, 5773 a lover of the Jewish Nation Louis and Lillian Klein , z”l Torah and Land.

Vayeira

by Rav Daniel Mann

Giving Tzedaka During Aveilut

Question : I was told that an aveil should not give monetary gifts. Is it permitted to give tzedaka freely during this time, or are there limitations?

Answer : It is not clear what stage of aveilut you are referring to, but let us start with the most severe stage – shiva . The Maharil (Shut 31, cited by the Darchei Moshe and Rama, Orach Chayim 696:6) says that one may not give mishloach manot to a mourner during the year of aveilut for a parent because it is like sh’eilat shalom (inquiring about the mourner’s welfare), which is forbidden (Shulchan Aruch, Yoreh Deah 385:1). If giving mishloach manot to an aveil is like sh’eilat shalom to him, it follows that the mourner’s giving to someone else is like his sh’eilat shalom of someone else. A mourner may not be sho’eil b’shalom other people during shiva , whereas thereafter it is permitted (ibid.). Thus, there would be logic to forbid an aveil from giving mishloach manot during shiva . Yet, the Shulchan Aruch (OC 696:6) rules that the aveil does give mishloach manot because he is required to fulfill mitzvot including this one even during shiva (see Darchei Moshe ibid.; Mishna Berura 696:20). However, an aveil is forbidden to give during shiva presents that are not mitzvot at this time. (Even mishloach manot should be done in a simple manner- Magen Avraham 696:11). After shiva , as mentioned, an aveil is allowed to do sh’eilat shalom to others, and therefore he should also be allowed to give presents. Although some Acharonim forbid a mourner for a parent to give presents throughout the year (see Divrei Sofrim 385:22), this stringency does not have a strong basis. Even if one wants to be stringent on the matter, it seems clear that this is only when the present is conspicuous in its ceremoniousness, not when the nature of the gift or the relationship between the mourner/giver and the recipient makes the gift a matter of course (see Nitei Gavriel, Aveilut II 14: 10, 13). Only a festive type of gift would be parallel to the Magen Avraham’s ruling of an aveil not giving the type of mishloach manot that evoke specific joy. Let us move on to giving tzedaka . It is very appropriate for a mourner to give tzedaka throughout the various stages of mourning, and this is true on several grounds. After shiva , it is hard to identify a good reason not to give. While we hope that giving tzedaka brings the donor joy, the joy of doing a mitzva is not something the intended to withhold from a mourner. Only actions that are joyful by their very nature, irrespective of their religious/moral content, are problematic. If one gives money to a tzedaka organization, there is no interpersonal interaction that might even raise questions of simcha or sh’eilat shalom . Even during shiva , the aveil is like anyone who is obligated to fulfill mitzvot , and this includes giving tzedaka . In many ways, tzedaka is considered a good way to bring merit for the deceased. As the Mishna Berura (696:17) comments, if a mourner during shiva gives mishloach manot , he certainly gives matanot la’evyonim . The same applies to tzedaka . The only difference is that matanot la’evyonim needs to be done on a specific day, whereas some donations of tzedaka can be done easily afterward. Indeed, during shiva , we would not recommend a mourner to occupy himself with his periodic writing of tzedaka checks, etc. However, if a particular need arises (a collector at the door, a pressing need, etc.), the mourner is not precluded from donating appropriately. Perhaps, we might say that shiva is a good time to decide to give significant donations, whereas the actions of carrying them out can be after shiva . The only tzedaka -related limitation that a mourner might consider throughout the year of aveilut is the following. Large donors are periodically honored at dinners and in other ways. While the year of aveilut is a great time to give enough to be honored, it is better for the donor to accept the more festive honors after the year.

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Vayeira

An Ageless Truth Keeps a Nation Young (condensed from Ein Ayah, Berachot 9:338)

Gemara : Yehuda also opened with the honor of the Torah and expounded: “Listen and hear, Israel: this day you have become a nation” (Devarim 27:9). Is it so that this was the day that the Torah was given to Israel? Wasn’t this written some forty years later? Rather it is to teach you that the Torah is dear to those who learn it every day as the day it was given at Mt. Sinai.

Ein Ayah : The essence of every nation is defined by its philosophies and its spiritual attainments. In general, philosophies change over time, becoming clarified and fuller, until they take on a new form. Therefore, nations experience a process of aging and weakening of their power until it reaches the point that they cease to exist in the form that they once did. After all, once the special spiritual/intellectual qualities, philosophies and traditions have totally lost their standing, there is no longer an internal basis for the nation. Under such conditions, when an external power threatens a nation, it cannot defend itself because it lacks the strength that stems from an internal pride that causes it to want to preserve its character. Specifically in this regard, Israel’s covenant with Hashem stands to make us His eternal nation. The light of truth of the Name of Hashem that is upon us is the light that is eternal and limitless. It is the truth after which there is no other truth. No matter what changes in regard to the philosophies, viewpoints, and intellectual tools, Hashem’s truth will become all the more powerful and correct in the eyes of all, in a grand manner. Therefore, within the Jewish Nation, living in accordance with its Torah, there is no old-age. The nation’s holy love of Hashem’s Name, which is like a warm and powerful fire, will never lose its original emotion, and will only grow in intensity. That is why it can be said about Israel at all times: “This day you have become a nation.” This day a new light of spiritual insight shines upon you, casting eternal light of divine truth. Indeed, the ultimate, complete truth will never grow old or lose its vigor, just like the heavens always lie above the earth. This is why those who learn Torah always have a love for it like the day it was given. Those who study the Torah on an ongoing basis and thereby grasp the “tree of life” are the ones who feel the true life of the whole of the nation, as the nation operates in their shadow. These pillars of society are like the heart that gives life to the whole body, by providing the spiritual lifeline. They provide the eternal joy of the word of Hashem and its truth and give the nation the power to strive to continue to function in full force. The elite spiritual/intellectual leaders will continue to play that role until the blessed time comes when “all your sons are learned in the ways of Hashem” (Yeshaya 54:13). This is as the Rabbis learned from the pasuk about those times, “Those who come will be the rooted in , Israel will bud and blossom” (Yeshaya 27:6). The Rabbis explain (Shabbat 145b) that this refers to Torah scholars who make adornments to the Torah with their love of the eternal word of Hashem.

Vayeira

The Law of Bar Metzra (based around Maharashdam, Choshen Mishpat 273)

[Historical notes – The Maharashdam (Rav Shmuel Di Medina) (1505 – 1589) was the head of the rabbinical court of Salonica in the 16 th century. At this time, Salonica, an ancient Greek city that had come under the control of the Ottomon empire, had just begun its status as a city with a Jewish majority . At some point in history, it was even the largest Jewish community in the world. This occurred as the Ottomons invited the expelled of Spain to settle in the region. The Maharashdam, a contemporary of Rav Yosef Karo, was one of the most illustrious rabbis of this period, and his many published responsa have given him an important place in the study of halacha, especially that of monetary law. The question below came from another community, and the Maharashdam discussed indications without coming to a clear recommended ruling. ] Reuven owned a home, which was rented out to Shimon for two years, and during this time Reuven gave it to his daughter Sarah as a dowry. A year later, Sarah appointed Levi to sell the home. Levi told Shimon that he was going to sell it, and Shimon did not act immediately, but his wife said soon after its sale that they were interested in buying the home they were renting for themselves. The question is whether the law of bar metzra , whereby one who has a natural connection, usually as a neighbor, to property that was just sold can compel the property’s buyer to transfer it to the bar metzra at the same sale price. In this case, there are several doubts as to whether the law of bar metzra applies. One is the opinion of Rabbeinu Tam that it applies to fields but not to homes. Another doubt is whether one whose connection to the property is that he is renting it is a beneficiary of the law. Yet another question is how long the renter has to offer to buy the field. In general, we should point out that the law of bar metzra is a rabbinical innovation to give special rights to allow one with a connection to the property to acquire it. While the Rabbis attached to this law the pasuk of “you should do the good and the straight in the eyes of Hashem” (Devarim 6:18), that is not a halachically binding source. Therefore, in cases of doubt, we should not employ this rule when it is not clearly mandated, thereby uprooting the Torah-level law that the buyer has attained ownership of the property and cannot be forced to give it up. On the other hand, if the community accepted this law with a cherem (a ban), the efficacy of the cherem is like that of Torah law, and out of doubt one should not take the action of expelling the renter from the home to which he is entitled in abrogation of the cherem . Furthermore, the efficacy of the kinyan (act of sale) that the buyer made is questionable because at the time of the sale, the renter still had the right to live there until the end of the rental period. In a case, then, that the sale can take effect only after time, it is not clear that the transaction was valid, even though the rental period will end by itself at the end of a defined period.

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