Miketz

Miketz, 2 Tevet 5773

A Salvation of the House and by the House Harav Shaul Yisraeli – based on Meorot Lachanuka, pp. 3-4

The mitzva of Chanuka candles is different from other mitzvot , which are either mitzvot that devolve on the individual or those that devolve on the community. Every Jewish adult male is required to wear , and every Jew is required to keep . The same is true of most mitzvot . The nation as a whole has several mitzvot , including, prominently, building the Beit Hamikdash . The mitzva of Chanuka candles is an exception. It is not [according to the basic level of obligation] a mitzva of the individual or of the nation, but – of the family – “a light for a man and his household” (Shabbat 21b). This is appropriate, as the miracle was revealed through the efforts that were made by family units. There were Yochanan the Kohen Gadol and his sons, Chana and her seven sons, and in general, the righteous people and their families. There was something new; not a state or a country but the “house of Israel.” At the time of the story of Chanuka, there had not been an independent Jewish state since the time of the destruction of the first Beit Hamikdash . The second Beit Hamikdash had been built under the dominion of foreign powers, and that’s the way it remained until the time of Antiochus. We met the enemy not as a state and not even as a small nation at war. Rather, we took on the enemy as a group of families. Since the people lacked structure, matters deteriorated. Many, many people chose the easy path, giving up the ability to keep to the nation’s independent values, laws, and special status. If not for the miracle of sons and daughters clinging to the values held dear by their families, despite the confusion that the darkness of the mind spread, we would have been lost. Somehow there lay a hidden, ancient candle, ready to be lit into a large fire. Fathers and sons together called out, “Whoever is for Hashem, should rally by me” (based on Shemot 32:27 ). Corresponding to this period, the pasuk that comes to mind is “Hashem shall add on to you, onto you and onto your children” (Tehilim 115:14). “He shall bless the House of Israel, He shall bless the House of Aharon, He shall bless those who fear Hashem, the small along with the great” (ibid. 12-13). From that time on we learned that wherever there is a Jewish home, there is continuity. Beit Shammai ruled: “[the number of candles] continues in decreasing order” (Shabbat 21b). This epitomizes the miracle. The independent state that was established at that time did not last forever, but just 200 years. Rather, it was the family unit that continued to live on independently. Beit Hillel ruled that we must increase. True, while the family can exist on its own, when it needs to, one should not suffice with that. [We should look to build up the national unit]. For that reason, we light on the doorway of the house on the outside.

Hemdat Yamim This edition of is endowed by Hemdat Yamim Les & Ethel Sutker is dedicated of Chicago, Illinois to the memory of in loving memory of R' Meir Max and Mary Sutker ben Yechezkel Shraga and Brachfeld o.b.m

Louis and Lillian Klein , z”l

Eretz Hemdah Deans: Harav Yosef Carmel, Harav Moshe Ehrenreich 2 Bruriya St. corner of Rav Chiya St. POB 8178 Jerusalem 91080 Tel: 972-2-5371485 Fax: 972-2-5379626 Email: [email protected] web-site: www.eretzhemdah.org Donations are tax deductable according to section 46 of the Israeli tax code American Friends of Eretz Hemdah Institutions c/o Olympian, 8 South Michigan Ave., Ste. 605, Chicago, IL 60603, USA Our Taxpayer ID #: 36-4265359

Miketz

The Celebration of a Girl’s Birth by Rav Daniel Mann

Question : What are the sources and purpose of making a kiddush for the birth of a girl?

Answer : I imagine you are referring primarily to the colloquial usage of Kiddush – a celebration involving food and hopefully divrei – a borrowed term from the eating after the tefilla of Shabbat morning , which starts with Kiddush . We will see there may also be some significance to that setting. It is generally a mitzva to thank Hashem for joyous and/or miraculous events that occur to us. One of the applications of this concept is Birkat Hagomel , which we make after being saved from danger. (See specific rules in , Orach Chayim 219). While a meal is not required, sources indicate that it is a nice idea (see Berachot 46a), which parallels the Korban Todah in the time of the Beit Hamikdash . It is unclear if there is an expectation that there be a celebratory meal for the birth of a child. When a boy is born, there is a seuda at the time of the brit and the (where applicable), but those are related to specific mitzvot , not the birth per se. The gemara (Bava Kama 80a) mentions two celebrations after the birth of a boy , shevua haben and yeshua haben , and there are different opinions as to whether one of them is what we call a shalom zachar . There are also different opinions as to the nature of a shalom zachar . In brief, there are three basic approaches: it is a celebration of the safe extrication of the child from his mother’s womb to birth; we console the baby for loss of the Torah learned during gestation; it is related to the upcoming brit . The Dagul Meirevava (Yoreh Deah 178) says that it must be related to the brit mila because if it were related to birth, we would have it for the birth of girls. He, therefore, says it should be done the night before the brit . This is indeed what Sephardim do ( Brit Yitzchak ) and many Ashkenazim do special things on that night (in Yiddish, vach nacht ). If so, there may not be a clear source for a birth celebration. There is an ancient Sephardi of a , which some have on the sixth night from the birth of a girl (Rav Pe’alim, Even Haezer I:12). For Ashkenazim, there is no set time or formula for the celebration of a girl’s birth, and the consensus is that one is not obligated to have one. In some circles, people try to have one on the day of her naming (an event to which some attribute tremendous meaning – see Ta’amei Haminhagim 929). In turn some do the naming specifically on Shabbat, when many people will be present. (The presence of many people is generally desirable for meals of thanksgiving). Combining these elements, there may be special significance of having a celebration after Shabbat morning tefilla . There is also a baraita (Avel Rabbati of Massechet Semachot 2:3), which refers to a shevua habat (of a girl) in the context of shevua haben (see above). Perhaps that too has to do with Shabbat (based on one meaning of shevua ). The simple approach, though, is that while there is no specific obligation, timing, or setting, it is just good old logic to thank Hashem for such a monumentally joyous occasion (see Teshvot V’hanhagot I:609). There is also a classical source. The gemara (Bava Batra 91) talks about Boaz making 120 celebrations in honor of his sixty boys and girls, and Rabbeinu Gershom (ad loc.) says that 30 of those were after the births of 30 girls. Some also stress the importance of the berachot people make for baby and parents at the celebration (see ibid. II:132), and there are differing “legends” as to how important this is. In summary, there is abundant general basis for a “kiddush ” in honor of the birth of a girl and some sources for an established practice on the matter. It is our opinion that it should not become a necessary burden on the head of new parents, to be done at a specific time. It certainly should not have to include a high level of expense or toil, which may cause them difficulty at an often stressful time. Hopefully, the parents will find a good time to share their joy.

“Living the Halachic Process ”

We proudly announce the publication of our second book in English. “Living the Halachic Process volume II” a selection of answers to questions from our Ask the Rabbi project. A companion CD containing source sheets for the questions is also available. In honor of the book’s debut, we offer it at the special rate of $25 Special offer : buy both volumes for the price of $40.

Contact us at [email protected] Have a question?..... E-mail us at [email protected]

Miketz

Qualified Use of Foreign Ideas – An Idea from the Laws of Chanuka (condensed from Ein Ayah, Shabbat 2:5)

Gemara : Rav says that one may use inefficient oils and wicks for Chanuka lights . This is because he rules that if the lights go out, one does not need to relight them and because he rules that one is not allowed to use their light. [We do not have to be concerned that the lights will go out because in any case, the mitzva was fulfilled, and one will not adjust the flame on Shabbat because it is forbidden to use the light. Rav Kook explains these concepts with a fascinating allegory .]

Ein Ayah : High quality oil hints at the “oil of Torah .” High quality wicks hint at Bnei Yisrael , to whom the light of Torah clings. Hashem’s Hand tends to His nation, even in our impurity, and preserves us during our wanderings among the nations and when we lack prophets. In exile we hear many ideas that emanate from the wisdom of the nations. There is a danger that these ideas, which are not proven like Torah ideas, could cause the light of Torah to be forgotten from Israel. In our lowly status, we are liable to be attracted to the philosophies of the time’s successful nations. Divine Providence arranged that great rabbis would always be present to adopt some of the popular ideas and use them to strengthen the light of Torah. This can be done even though we cannot take responsibility for ideas that emanate from foreign sources and are not eternal truths like the Torah. The nations’ ideas are like flickering lights, which provide lights at the moment but are liable to go out at any time. Philosophies that were once accepted are often rejected and forgotten after a generation or two. However, since at their time they have great influence over people, including Jews, if they could not be connected to the light of Torah, many weak-minded Jews might leave the Torah in favor of the foreign, fleeting notions. Therefore, Hashem protected the Torah by incorporating in it elements that can connect to the popular modern ideas. However, the connections to the Torah, with all its specific practical laws, are not natural, but are like oil that is not well absorbed by a wick and is able to do its job only nominally. These lights will not last forever, and when they go out, we will have no use for them but for the eternal word of Hashem. This is hinted at by the halacha that if the lights go out, we will not need to relight them. Furthermore, it is forbidden to use the light. In other words, foreign ideas must not replace the light of Torah, even when it is not in direct conflict with the Torah. This is epitomized by the victory of the Hasmoneans over the Greeks. The spirit of Greece influenced Jewish ideas, but the way of Torah prevailed. Another element of Divine Providence was to provide non-standard leadership, according to the needs of the time. The Hasmoneans’ generation did not merit a leader from the House of David, and, therefore, there was temporary alternative leadership. The House of David is the one most effectively connected to the Torah, as David was able to do “justice and charity” and was the sweet singer of Israel. He learned deep into the night and was still a brave warrior. The light of nationalism is fueled from the light of Torah, and only with such a connection is the light clear and stable. Even non-natural combinations of oil and wick are valid for Chanuka lights, and they were able to light up the darkness of exile. However, this is not an eternal light. Temporary lights are important enough to be holy. We have to thank Hashem for them as well for preserving us in our dedication to the Torah. Foreign ideas can overlap with the words of the Torah and are like a flask of oil with the seal of the Kohen Gadol (representing the Torah). However, when the light goes out (its period is over), we will be finished with those ideas. We should also not use their light, i.e., believe they are the basis for our law and justice.

Responsa B'mareh Habazak , Volumes I, II, III, IV, V, VI and now VII:

Answers to questions from Diaspora rabbis. The questions give expression to the unique situation that Jewish communities around the world are presently undergoing. The answers deal with a developing modern world in the way of “deracheha, darchei noam”. The books deal with the four sections of the Shulchan Aruch, while aiming to also take into consideration the “fifth section” which makes the Torah a “Torah of life ”. Special Price: $15 for one book or $90 for 7 volumes of Responsa Bemareh Habazak (does not including shipping)

Miketz

Reclaimin g Additional Pay (from Hemdat Mishpat, rulings of the Eretz Hemdah-Gazit Rabbinical Courts)

Case : A worker (= pl ) in a high school sued his employer (the network that runs the school = def ) for not paying over the previous few months. Def admits, on the first level, to owing part of the amount claimed. However, def claims that they pay based on the pay scale of the Department of Education and that, after recalculating pl ’s salary, they discovered that mistakes were made over the years to pl ’s advantage. Based on these mistakes, not only does def not owe pl , but pl has to return money to def .

Ruling : Several Rishonim (see Beit Yosef, Choshen Mishpat 126) rule that one is not believed that he deserves money due to a mistake unless he can bring witnesses to prove the claim. The assumption is that the claim that he made a mistake is weak because people usually make careful calculations before obligating themselves (Aruch Hashulchan, CM 126:13). He is not believed even if he has a migo (corroboration to the truthfulness of his claim based on the logic that if he were lying, he would have made a better claim, such as that he already paid). This is because the assumption that one would not obligate himself (and certainly would not pay) without checking is stronger than a migo (Rama, CM 126:13). Since def was not able to prove that a mistake was made, they are not believed even if they are muchzak (presently in control of the money in dispute). One could raise the possibility that due to the complicated bureaucratic nature of the Department of Education, mistakes in calculating their pay scale are common. On the other hand, the fact that def paid for many years in the manner they did and did not bother to check, considering the likelihood of mistake, is an indication that they were mochel (relinquished rights of compensation to) any extra pay. In general, def , while remaining within the framework of the Department of Education, has the practice of finding ways of providing extra compensation for those it is important for them to maintain on staff. There is no question that pl has been an important member of the staff. The Rosh Yeshiva testified that because the school wanted pl to continue working there, they arranged for various benefits. It is therefore very difficult to determine which benefits (including extra pay) were intentional and which might have been unintentional. It is also very possible that those that were originally unintentional were subject to mechilla after the fact. For example, def had overpaid their junior high school principals and when they found out that this was the case, they changed the salaries only going forward but did not demand a refund of the past overpayment. This can be seen as setting a pattern. In summary, the claim of a mistake is generally a weak one, and, in this case, there is reason to believe that even if there was a mistake, the difference was relinquished. Therefore, def ’s claim of counter-suing or subtracting from the pay due is rejected, and they must pay that which is outstanding. Mishpetei Shaul Unpublished rulings by our mentor, Maran Hagaon HaRav Shaul Yisraeli zt”l in his capacity as dayan at the Israeli Supreme Rabbinical Court. The book includes halachic discourse with some of our generation’s greatest poskim. The special price in honor of the new publication is $20. Do you want to sign your contract according to Halacha? The Rabbinical Court, “ Eretz Hemdah - Gazit ” Tel: (077) 215-8-215 [email protected] Fax: (02) 537-9626

Eretz Hemdah - Gazit serves the public in the matter of dispute resolution according to the Halacha in a manner that is accepted by the law of the land. While drawing up a contract, one can include a provision which assigns the court jurisdiction to serve as an agreed upon arbitrator.

Eretz Hemdah is the premier institution for training young rabbis to take the Israeli Rabbinate's rigorous Yadin Yadin examinations. Eretz Hemdah, with its distinctive blend of Religious Zionist philosophy and scholarship combined with community service, ensures that its graduates emerge with the finest training, the noblest motivations resulting in an exceptionally strong connection to Jewish communities worldwide.