S E P H A R D I C

Family, Business, & Jewish Life Through the Prism of Halacha

VOLUME 5779 • ISSUE XXIV • PARASHAT VAYIKRA • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER

thing from the Mete Midbar gets stuck. Rabba DIGGING returned the and the animals walked. When he told the story to the Hachamim, they and FOR DIN: rebuked him, saying that it had been unnec- May We Learn Halacha from essary to take a sample when a verbal report Archeology? would have sufficed. While the Mefarshim debate whether Rabba A Parasha & Halacha Summary, Parashat Bar Bar Hanna meant that these stories actu- Vayikra by Rabbi Ariel Ovadia AMID THE RUINS ally occurred (see, for example, Ritva ad loc.), it A JOYOUS FEAST would seem to be instructive nonetheless with The archeology world was recently excited by Eating Bread in the Se’udat the discovery of a marked “Beka” (Mahatzit regard to the fundamental question of whether HaShekel) weight in a dig at the Kotel. Halachic conclusions can be derived from an- The Rambam writes that the obligation of A small stone bearing an inscription that cient finds. “Mishte” – a feast – on Purim is to eat meat and archeologists identified as the word “Beka”— R’ Hayim Kanievsky (Ta’ama DiKra, Parashat prepare a “proper Se’uda (meal)” according to written backwards—was unearthed in Kotel what one can afford and drink wine etc. The excavations at Robinson’s Arch five years Shelah, p. 130 in the 4th ed.), however, sees in ago. Nobody got excited at the time, because the fact that Rabba Bar Bar Hanna was prevent- expression “A proper Se’uda” would seem to nobody noticed. A volunteer in the Ir ed Min HaShamayim from taking the Tzitzit, imply that one must eat bread as in all other wet sifting project in Emek Tzurim National and in the fact that it apparently didn’t occur Se’udot. The reason for this may be that Purim Park, sorting recently through that Kotel dirt, is called a Yom Tov (although the Gemara says found the artifact. to him to take the obvious step of counting the strings, that it is not the will of Hashem that we that regarding Melacha, Purim is clearly not a determine Halacha by means outside of Torah Yom Tov). According to the Rosh and others, The weight of a Shekel has contemporary like rummaging through antiquities. one must eat a meal with bread on Yom Tov. Halachic implications. To determine how Therefore, says the Rosh, if one forgets Ya’aleh much silver the father of a Bechor must give a In discussing the debate between Rashi and V’Yavo in Birkat HaMazon on Yom Tov, accord- for , can we simply mul- Rabbenu Tam about the sequence of the ing to the Rosh, one must repeat it. tiply the weight of the found “Beka” stone by Parashiyot in the , the Sma”g (Mitzvot This would be problematic, however, because ten to reach the required (BeMidbar 18:16) five Asse 22) adduces evidence for Rashi from Te- it would imply that on Purim, if one forgot to Shekalim? Can this find, and others like it, re- fillin that were found buried near the Kever of say Al HaNissim in Birkat HaMazon one would solve Halachic debates about Shiure HaMitz- Yehezkel HaNavi—a clear support for the Hala- vot – measurements? chic admissibility of archeological evidence. The (continued on page 2) D’risha (O.C. 34) rejects the proof on technical This question is addressed by the Gemara grounds: Perhaps the Tefillin were buried be- (Bava Batra 73b) in the Aggadot of Rabba Bar cause the Halacha follows Rabbenu Tam so Elevate your Inbox. Bar Hanna, who told of being led through the they were Pasul. The Ba”h rejects this argument Scan here to receive the weekly desert by an Arab merchant to see the Mete because the Tefillin could easily have been fixed email version of the Halacha Journal Midbar – the deceased generation of the des- rather than interred. spotlight ert. In order to resolve the disputes between Bet Hillel and Bet Shamai (Menahot 41b) re- The Ramban writes that he changed his mind garding the configuration of Tzitzit, Rabba about the weight of a Shekel—to side with Rashi (continued excised the corner of the from one of over the Rif—after being shown an ancient Shek- on back) the bodies to bring it to the Hachamim for el coin in Akko (Acre) with an inscription that lo- examination. Subsequently, Rabba’s animals cal Samaritans could read. were unable to walk, which the Arab explained In discussing this issue, many Poskim have was due to a tradition that one who takes any- pointed to problems with the evidentiary value OR SIGN UP AT BHHJ.ORG (continued on back)

Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] have a share in the government, to support The Rema apparently understands the Rosh to GENERAL these invaluable interests”? mean that the wealthy minority can actually Despite the fact that the Torah clearly antici- impose its will on the impecunious majority. HALACHA pates monarchy as the form of Jewish self-gov- The Sm”a, however, suggests that the Rosh ernment, we find in the Halachic literature of may merely mean that the majority of individ- ONE DOLLAR, ONE VOTE? medieval Ashkenaz an assumption that local uals cannot impose its will upon the wealthy The (Putative) Hegemony of the government should follow democratic norms. minority, but not that the latter faction is itself As the Maharam of Rottenberg rules: considered the majority. He additionally pro- “Billionaire Class” poses that the desires of the two factions are All the householders who pay taxes shall be By: Yitzhak Grossman, Dayan at the Bet HaVaad given equal weight, and they must negotiate assembled, and they shall accept upon them- a modus vivendi. The Maharit, too, vehement- selves under penalty of anathema (“Beracha”) ly rejects the idea that a wealthy minority can that everyone shall express his opinion for the overrule the will of the majority. He under- sake of Heaven and for the good of the city, stands the Rosh to mean merely that those and they shall follow the majority, whether who do not pay taxes at all do not vote, but all to select leaders, to establish Hazanim, to in- those who do pay have an equal say in deci- stitute a charity fund, to appoint Gabai’m, to sion making. build or to demolish the synagogue, to add and detract, to purchase a hall and “When you’re rich, they think you really know!” to build and demolish therein, to buy a bakery In addition to the foregoing Madisonian con- and to build and demolish therein. cern that if we were to “extend [the franchise] The bottom line is, any communal need shall equally to all”, then “the rights of property or The central theme of the presidential cam- be addressed at their direction, according to the claims of justice may be overruled by a paign of self-described “democratic socialist” whatever they say, and if the minority shall re- majority without property, or interested in Vermont Senator Bernie Sanders is a scathing fuse and stand in opposition, … the majority, or measures of injustice”, we find an additional denunciation of what he considers the out- whomever the majority shall appoint as lead- argument for giving the rich a greater voice rageous influence of money in politics: “This ers, have the power to compel and force them in governance than the masses: that their great nation and its government belong to all via either Jewish law or the law of the nations, views are inherently deserving of greater con- of the people, and not to a handful of billion- until they say “we desire [to comply]” ... sideration. The Maharashdam declares that aires”. His opponents, even those on the oppo- “Has V’” that we should always follow The Maharam apparently takes for granted site end of the political spectrum, are generally the majority, even against the elites (the “dis- that suffrage is limited to those “who pay tax- not bold or foolish enough to bluntly contra- tinguished”, “respected” and “rich” - i.e., the es”; his student, the Rosh, propounds a similar dict him and declare, as the Founding Fathers proverbial one percent): this would be unfair view, at least in the context of financial mat- sometimes did, that “those who own the coun- (lakta middat ha’din) and a violation of the ters: try ought to govern it”. What is the Torah’s view principle that “Her ways are ways of pleasant- of the matter? Does it accept the modern prin- A community that institutes an anathema ness”. He explains that “five or ten important ciple of “one man, one vote”, or does it accept (“Herem”), if it is in the context of financial af- men are equivalent to a thousand, wheth- the concerns of the Father of the Constitution fairs, we follow the majority of wealth … and it er [their importance derives] from wisdom that “[I]f elections were open to all classes of cannot be that the majority of individuals who or from wealth, for wealth is near the virtue pay the minority of the taxes shall decree an people, the property of the landed proprietors of wisdom, as it is written ‘b’tzel ha’hochma anathema on the wealthy according to their would be insecure … Landholders ought to b’tzel ha’kesef’”. views.

(continued from front pg.) have to re- (Hil. Berachot) that Purim peat it – as the is compared to Hanuk- and day requires kah and Hol HaMo’ed in a Se’uda with which all agree there is no bread – yet, if obligation to eat bread. R’ one forgets it in the one doesn’t have Akiva Eiger explains that to repeat the Amida. Can Birkat HaMazon Purim only requires hap- be stricter in this regard than the Amida? The piness and not bread. This Magen Avraham and others write, that while too is the opinion of the there may be an obligation to eat bread on Pu- Hid”a and others. rim, one would not have to go back to say Al L’Halacha, one should HaNissim – unlike Yom Tov – as the recitation preferably eat bread, how- of Al HaNissim is only a and not as “se- ever, it is not required rious” as having to say Ya’aleh V’Yavo. according to most Poskim. If one forgets Al azon one doesn’t have to go back. The Purim Still, it seems from the Rambam elsewhere HaNissim, whether in Tefilla or Birkat HaM- meal must include meat and wine. Purim Sameah! MATTERS OF INTEREST AVISSAR FAMILY RIBBIT AWARENESS INITIATIVE

CORPORATE GIFTS

Many startup businesses are created through an agreement in which an investor provides it is better to structure the Iska contract as a funding with a Heter Iska contract. May the Kulo Pikadon in which there is no loan taking business owner send the investor annual place. corporate gifts, or an extravagant Mishloah Manot on Purim? When a business is incorporated, Rav Moshe Feinstein z”l rules that they may borrow Poskim disagree whether the restrictions of The (though not lend) with Ribbit, and therefore Avak Ribbit apply to parties of an Iska part- in our case there would be no issue at all. Oth- nership. Some permit these gifts as dividends, in er Poskim are stringent however, and require while others consider them gratitude for the a corporation to draft a Heter Iska, which in loan portion of the Iska agreement, and for- our case would be best serviced by a Heter bidden. Bring the Daf to Life! Iska Kulo Pikadon, as mentioned above. If one expects to encounter such situations,

Interestingly, many Poskim write that if one מסכת חולין ,prays Arvit on Erev before sunset HALACHOT or recites Birkat HaMazon at the conclu- sion of Seudah Shelishit after Tzet HaKo- OF DAILY chavim, these Berachot are counted toward the hundred Berachot of Shabbat (see Ya- LIVING bia Omer 10:7 and Shevet HaLevi 5:23). This Topics From The Gerald & Karin Feldhamer Ou RAV YOSEF GREENWALD Kosher Halacha Yomis is because the Halachic day of Shabbat can Dayan, Bais HaVaad be extended both before and after Shabbat Laws related to Berachot (Tosefet Shabbat), and Berachot recited any- RAV AVRAHAM YESHAYA COHEN Rosh of Kollel Ohel Yitzchok of Lakewood time during Shabbat count toward that day.

When does the day begin for the counting Sefer B’Tzel HaHochma writes that on a regu- of one hundred Berachot? Does one begin lar week night, if one prays Arvit before sunset, counting from sunset, when the Halach- these Berachot will count toward the earlier ic day begins, or does one begin counting day. The Intricacies of Basar B’chalav דף ק"ח ?from the morning

Pure Blood דף ק"ט Poskim, such as the Mishna Berura (46:14), include the Be- Minding Your Tefillin דף ק"י racha of HaMapil (which is Honoring Shabbos & Yom Tov דף ק"יא recited at night before going Sharp Foods דף ק"יב -to sleep) as one of the begin ning Berachot of the day, in Cooking Basar B’Chalav דף ק"יג the count of one hundred Be- Sin & Consequence דף ק"יד rachot. This would indicate that the counting of Be- rachot begins at night, and like most other Mitzvot, the time-frame follows the Hala- chic day. (continued from front pg.)

of many finds: the paucity of the archeological tual evidence from a dig and the pronounce- ror script—so he mixed up the two. record and the lack of proof that whatever was ments of archeologists, some of whom are giv- “Apparently, the seal craftsman got confused exhumed is a valid representative of its kind. en to presenting assumptions and guesses as when he engraved the inscription on the The Hazon Ish (Hilchot Shevi’it 3:18) rejects the fact. Dead men tell no tales, so an imaginative weight and mistakenly used mirror script as presumption that a town known today by a par- archeologist is free to exploit the absence of ev- he was used to doing,” said Shukron in a press ticular name shares the location of its historical idence to improvise a story about his find. [Note release. It gets worse: “From this mistake we RAV AVRAHAM YESHAYA COHEN counterpart, so the Gemara’s statement (Hullin that Dayan Weiss in Lod pointed not to the can learn about the general rule: The artists claims of the archeologists but to the knowl- ROSH KOLLEL OF KOLLEL OHEL YITZCHOK OF LAKEWOOD 6b) that Bet She’an is not subject to Shemita who engraved weights during the First Tem- edge of the Atra Kadisha organization, who RAV ELIEZER COHEN cannot be applied to the Bet She’an of today. ple period were the same artists who special- examined graves that were uncovered.] ized in creating seals.” OF BAIS MEDRASH TIFERES ELIEZER A similar uncertainty surrounds the city of Lod, RAV YOSEF GREENWALD which the Gemara (Megilla 4a) says was walled While demonstrating this trend is beyond the Obvious, isn’t it? scope of this article, consider the license tak- DAYAN, BAIS HAVAAD YERUSHALAYIM in Yehoshua’s time and therefore celebrates Purim on the 15th of Adar. What about the Lod en in our own Beka case by archeologist Eli of today? Though others disagreed, Dayan Weiss Shukron, who directed the excavations on be- (Minhat Yitzhak 8:61) felt that excavations in the half of the Israel Antiquities Authority. To the 1980’s that appeared to confirm that the new question of why something intended to serve Lod is the old Lod helped create a Safek, and as a weight would be inscribed backwards, that residents should hear the Megilla again on Shukron had an answer at the ready: This in- the 15th without a Beracha. scription was obviously made by an artisan who EVENTS & also inscribed seals—which are engraved in mir- It is important to distinguish between the ac- HAPPENINGS AT THE BAIS HAVAAD

When it’s a difficult partnership agreement.

Zichron Gershon, the Bet HaVaad Kollel for Dayanim, recently had the privilege OUR CHOSHEN MISHPAT of hearing a shiur from Dayan Yonatan PROFESSIONALS WILL IT DONE Dovid Hool, shlit”a, a renowned Posek and Dayan in England. Dayan Hool, is associated with the Bet HaVaad since its inception, and has contributed many articles and shiurim to various Bet Ha- CONTACT THE BUSINESS HALACHA DIVISION 1.888.485.VAAD(8223) EXT. 309 Vaad educational projects over the years. EMAIL: [email protected]

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