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

VOLUME 5779 • ISSUE VI • PARSHAS TOLDOS • A PUBLICATION OF THE BAIS HAVAAD HALACHA CENTER

or another, none of it is suitable for listim or chaya ra’a infestation, so there is no danger The A TRAIL OF that would mandate the tefila. But perhaps we ought to apply lo plug, the general prin- on the TWO CITIES ciple that don’t differentiate in the Tefilas Haderech in Suburban application of their enactments among sit- Bring the Parsha to Life! Driving uations, even where the underlying reason Adapted from a shiur by Rabbi Ari Stauber doesn’t pertain. Highlights of a shiur by Rabbi Moshe Zev Granek

The picture the Biur Halacha paints is rep- MOTHER, IN LAW: EISAV’S KIBUD AIM resentative of most metropolitan areas to- When the lonely road gets crowded. day. In the New York suburbs, one would be Definitely not a Mama’s boy. Chazal instituted a prayer, Tefilas Haderech, hard-pressed to find a spot that isn’t within a וַיִּשְ ׂטֹם עֵשָׂו אֶ ת יַעֲקֹב עַל הַבְּרָ כָה אֲשֶ ׁר בֵּרֲ כוֹ to be recited by travelers for protection from ָאבִ יו וַיֹּאמֶר עֵשָׂו בְ ּלִּבוֹ יִקְרְ בּו יְמֵי אֵבֶל ָאבִ י the dangerous conditions inherent in travel. 2.7-mile radius of any settled area, so a jaunt וְַאהַרְ גָה תאֶ יַעֲקֹב ָאחִ י from Monsey or Brooklyn to Lakewood, for example, would be subject to the Biur Hala- To say it, one must first be a traveler. A travel- Eisav despised Yaakov for the blessing that cha’s dilemma. So why do people say Tefilas er is one who has departed his city. A person his father had blessed him. And Eisav said in Haderech on these trips? Given that safek traveling within his city never says Tefilas Ha- his heart, “Let the days of my father's mourn- brachos l’hakel, shouldn’t we refrain? derech. ing approach, and I will kill Yaakov my broth- R’ Yaakov Kamenetsky answered that Even if he is leaving the city and thus qualifies er.” (Bereishis 27:41) brachos of tefila are unlike other brachos. as a traveler, only one who is exposed to the Rashi explains that Eisav didn't want to cause dangers of the road says Tefilas Haderech. The In tefila, it is preferable that one pray by pain to his father by killing Yaakov while Yitz- twin dangers to which Chazal addressed the himself rather than listen to the chazzan chok lived. Rabban Shimon ben Gamliel fa- tefila are bandits and wild animals. Because and employ shomaya k’oneh. If he has the mously declared (Beraishis Rabbah 65:16) that both types of creatures fear large groupings ability, he doesn’t even have a choice: Chaz- his own attainments in the mitzva of kibud av of people, they tend to avoid population cen- aras Hashatz was established for people un- didn't reach 1% of Eisav's. able to daven on their own, because every- ters. Chazal, explains the Rosh, identified the Strangely, though, we don't find that Eisav one should develop a personal relationship distance from cities at which listim and chayos similarly honored his mother. Indeed, here he with his Creator. Not so with other brachos, ra’os become an issue as one parsa, which R’ displays no compunctions about mur- which anyone can hear from another. Moshe Feinstein converts to 2.7 miles. dering his brother in her lifetime. Therefore, in the case of a tefila we don’t say Because the parsa is only a measure of dan- For whatever reason Eisav, a safek brachos l’hakel. One who is unsure if ger, a place that is huchzak b’sakana has no murderer, observed the he said ya’aleh v’yavo in his Yom Tov daven- distance requirement. For example, soldiers mitzvah of kibud av ing, davens again. As Rabbi Yochanan says on patrol outside city gates in wartime are vul- so scrupulously, (Brachos 21a), “Would that man would pray nerable travelers the moment they step out- why didn't side the gates, and they must say Tefilas Had- all day long.” spotlight erech. Traveling in a heavy snowstorm qualifies Like with shemoneh esrai, if one knows how (continued Did you know that the on back) as well. to say Tefilas Haderech, he shouldn’t be Bais HaVaad Kehilla Division has an active The Biur Halacha considers the question of yotzai with someone else’s recitation. And center in the Midwest? Under there is no problem saying it misafek. the leadership of Rabbi Dovid Aron one who is traveling the requisite parsa from Gross, shlit’a, a prominent community his city, but the road to his destination is dot- According to the Chazon Ish, this rav in Cleveland, the Midwest division fills ted with other settlements. Because the entire is not an issue: The shiur parsa a gaping void in the area of business halacha and halachic conflict resolution. stretch of road is within a parsa of one town (continued on back)

Don’t miss our upcoming Business Halacha Journal topic on Ribbis. Don’t yet receive it? Visit www.thehalachacenter.org/signup, call us at 1.888.485.VAAD(8223) or email us at [email protected] one Shabbos until the next. Do not make a dollars and cents criterion, but if he sees the mistake about it. The Avos did not amass entire world as Hashem’s revealed blessing GENERAL their wealth for their own needs, nor for the to him, then he is truly wealthy. Of course, needs of their family. They weren’t just ‘mak- this type of wealth can only be acquired by HALACHA ing a living.’ For that, they and their families someone who is happy with the portion that Jews & Money: A Match Made in would have been happy to plant some carob Hashem has given him. Only by seeing the Heaven trees. blessing that lies in one’s portion can one be By Rabbi Tzvi Price The seeming contradiction between ‘living happy with it, and if one is not happy with with nothing’ and ‘living with everything’ is one’s portion, then seeing the blessing in it is made obvious by the following two state- impossible. Ben Zoma’s statement and Rabbi ments by Chaza”l. On the one hand, Ben Tarfon’s are really two sides of the same coin Zoma famously says, “Who is rich? The one (pun intended). who is happy with is portion.” (Pirkei Avos 3,1) From the words of the Mahara”l, we can be- However, there a lesser known statement gin to understand why the Avos were bless- made by Rabbi Tarfon (Shabbos 25b) that ed with such material wealth. ‘One hundred asks the same question and answers, “Some- fields’ is not just to be taken figuratively one who has a hundred vineyards, a hundred (Yitzchok Avinu had a real one hundred-fold fields, and a hundred servants to work them.” harvest). Rather, it is the inevitable outcome Quite correct, but hardly the answer one of being a person who is a ‘100-man’ -com- would expect from a saintly rabbi. pletely dedicated to the fullest revelation of Hashem’s Will in this physical world. What There is no way out of it. For better or for worse, The key to reconciling these two statements is that Will? The mishna in Perkei Avos (6,11) correctly or incorrectly, Jews have always been comes from the Mahara”l. He points out that states, “Everything that Hashem, the Holy associated with wealth. In truth, Judaism and Rabbi Tarfon’s description of wealth has a One, Blessed be He, created in His world, He wealth go back a long way. The first Jew, Avra- faint echo of Yitzchak Avinu’s ‘one-hundred created for His honor…” The Ultimate Will of ham Avinu, was fabulously wealthy. The pasuk fold harvest’ described in this week’s Parsha. Hashem is that the entire physical world be states, “And Avram was very heavy with live- The Mahara”l (Nesivos Olam, Nesiv haOsh- used to honor Him. The blessing of wealth stock, silver and gold.” (Breishis 13,2) In this er) explains that, indeed, the number 100 is that Hashem bestowed on the Avos was sim- week’s Parsha, we hear of Yitzchak Avinu’s deeply connected to the Jewish definition of ply a fulfillment of that Will. The Avos hon- wealth. The pasuk states, “And Yitzchak plant- wealth. One hundred is the number which ored Hashem by being totally dedicated to ed in that land and he found in that year a represents Hashem’s blessing (In reply to the Him- in every thought, in every word and in hundred-fold harvest and Hashem blessed blessing He gives to us, we are required to every step. Therefore, Hashem gave them the him. And the man [Yitzchok] became great make one hundred brachos every day.). One riches of the physical world to be used for His and he continually increased [in wealth] until hundred is the number ten times itself; that is honor. he was very great. And he had flocks of sheep, to say, the ultimate and complete expression and herds of cattle, and many enterprises, of the concept of ‘ten.’ In Judaism, the num- It is true. As opposed to other religions, Juda- and the Plishtim envied him.” (Breishis 26, 12- ber ten always refers to the manifestation of ism has somewhat of an obsession with mon- 14). We will see in next week’s Parsha that with G-d’s Will in this world (Ten Commandments, ey. However, it is because of its divine origin regard to Yaakov Avinu, the pasuk states, “And Ten Plagues, Ten Declarations of Creation, that it does so. Hashem created a world full the man [Yaakov] became exceedingly pros- Ten Tests of Avraham, Ten Kabbalistic Sefiros, of wealth and riches, and for a reason. He cre- perous, and he had flocks of fertile sheep, and ). Thus, one hundred can be un- ated it so that ultimately humanity will honor maid-servants, and man-servants, and cam- derstood as ’Hashem’s Will Openly and Com- Him by using the physical world for His sake. els and donkeys.” pletely Revealed’. There is no doubt; Hashem wants His people to be wealthy if it will bring Him honor. The The Avos (Patriarchs) succeeded in bringing According to the Mahara”l, Rabbi Tarfon is not obvious first step in bringing Him honor is to the Shechina, the Divine Presence, into the saying that the Jewish concept of wealth is follow His laws, the laws of Choshen Mishpat, world. They lived lives of unimaginable piety someone who is fabulously rich. Rather, Rab- when acquiring that wealth. Jews and mon- and saintliness. Yet, they had more money bi Tarfon is saying that a rich man is someone ey, truly a match made in than you could ever imagine. What did they who sees Hashem’s Will in everything that heaven. need all that money for? Surely, the Avos were happens to him. He sees ‘hundreds’ wherever no less ascetic than the holy Chanina ben he goes (and not necessarily the green paper Dosa who was happy to survive on carob from kind). He may or may not be rich under the

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The Torah commands us to lend money to a Biblical ribbis (ribbis ketzutzah) is violated Rabbinical ribbis (avak ribbis) is (even) when fellow Jew in need. Since all Jews are broth- primarily through a loan of money or goods, a commitment to pay interest did not take ers, we are commanded to extend this loan when the interest was fixed at the time of the place at the time of the loan or loan exten- without charging interest. Charging interest loan or loan extension. Ketzitzah is forbidden sion; rather, the borrower offered a gift to on a loan may violate numerous Biblical and regardless if payment was actually made. the lender of his own volition, or the interest rabbinical prohibitions. All parties involved Furthermore, even if the borrower is fully will- was generated through a purchase (ribbis in the loan/transaction can also be in viola- ing to pay the interest in order to receive the bederech mekach u’memkar). tion of the above transgression. Hence the loan, it is still prohibited. Conditional loans are Pre-loan gifts (ribbis mukdemes) or Post-pay- borrower also transgresses the law of inter- possible exceptions, although they are forbid- ment gifts (ribbis meucheres) are also rabbin- est. The witnesses, scribe, and others who fa- den rabbinically. (Credit and penalty arrange- ically prohibited (see further on for a detailed cilitate such a loan can be in violation as well. ments can also present Biblical or rabbinic analysis of these concepts). ribbis concerns.)

trees and small saplings. Large trees, which BAL TASHCHIS VI HALACHOS can easily be damaged during a transfer, Under what circumstances is one permitted would be prohibited to be transferred and to cut down a fruit tree? OF DAILY small saplings, which are commonly moved There is a Biblical prohibition to cut down a as standard farming procedure, would be fruit tree based on verses in Devarim (20:19- LIVING permitted (See Darchei Teshuva 116:51 in the 20). From the and poskimit emerges name of the Avnei Tzedek). In practice, the Bal Tashchis: Part II that there are several exemptions to this re- recommended procedure is to sell the tree, striction. The prohibition does not apply in Topics From The Gerald & Karin Feldhamer OU large or small, to a non-Jew, and then have Kosher Halacha Yomis any of the following situations: (a) the tree the non-Jew remove the tree and replant it is old and no longer produces a kav of fruit elsewhere. It is best to discuss such matters (volume of 24 eggs), (b) the tree would be with your local rabbi. more valuable for its wood than as a fruit bearing tree, (c) the tree is causing damage, BAL TASHCHIS V (d) the removal of the tree will allow for I have a fruit tree that is growing new shoots. expansion of extremely cramped living space. Am I allowed to cut them down? Nevertheless, Rav Yaakov Emden (1697-1776) Rav Yitzchak Zylberstein (Tzohar 1 pg. 55-56) in She’eilas Yaavetz 1:76 takes the dramatic was asked whether one may uproot a small position that, while there is no Biblical tree that was growing in their yard from a prohibition to remove the tree in the above fruit pit that someone accidentally dropped situations, it is nonetheless a sakana (danger) on the ground. He ruled that until the plant to do so. Rav Yaakov Emden’s position has grows to the size of one tefach (approximate- been intensely debated for the past three ly 3-4 inches), it does not have the status of centuries (See Yabia Omer, YD 5:12, for sourc- a tree and it may be removed. Once it grows es). Because there is a concern of sakana, taller than a tefach, even though it does not many poskim recommend transferring yet produce any fruit, it may not be cut down. BAL TASHCHIS IV ownership of the tree to a non-Jew, and then May an unwanted tree be replanted in an- In the case of new shoots that are popping having a non-Jew remove the tree. While the other location? up next to the fruit tree, even if they are more allowance of having a non-Jew cut down the Poskim discuss whether one may dig up a tree than a tefach, if they will crowd the original tree when the Biblical prohibition stands is and replant it elsewhere. Rav Yaakov Emden tree and stifle its growth, they are considered also a matter of debate, one can allow a non- (She’eilas Yaavetz 1:76) writes that this is damaging and may be removed (Rambam Jew to remove the tree when any of the four permitted, while Teshuvos Chasam Sofer (Y.D. Hilchos Melachim 6:8). A non-Jew should be leniencies noted above apply. Pruning a fruit 102) disagrees. Some poskim take a middle asked to cut them down (She’eilas Yaavetz tree to improve productivity is also permitted. position and differentiate between large 1:76). (continued from front pg.) doesn’t apply at all to automobile travel, be- dangers that existed in Chazal’s time can cre- The cause it is huchzak b’sakana due to the risk ate a makom she’huchzak b’sakana and set of collision. As long as one is driving outside aside the parsa requirement. in the city, he must say Tefilas Haderech. He is May we always reach our destinations l’chay- challenged by the Brisker Rav and R’ Shlo- im, l’simcha, ul’shalom. mo Zalman Auerbach, who argue that only Bring the Daf to Life!

מסכת מנחות (continued from front pg.) he feel similar- R' Berel Povarsky (shiurim, Sanhedrin 5b) ex- The ly obliged with plains their machlokes to be about another on the regard to his debate among : The Birkei Yosef's This Week's Topics Bring the Parsha to Life! mother? view, he says, is that kibud av v’aim is a mitzva RAV ARYEH FINKEL When a pasuk in the Torah includes multiple bain adam l’chaveiro, a debt owed the par- commands, the Ramban, in contradistinc- ent by the child as hakaras hatov, so the par- Libations in Limbo דף צ"א ,tion to the Rambam, maintains they they are ent can forgive it. The Imrei Noam, however holds it to be bain adam laMakom, because Semicha Studies דף צ”ב counted as different mitzvos—unless they share a theme. He also appears to write that it’s simply a Divine decree, so the parent has דף צ”ג kibud av v’eim is a single mitzva. Presumably, no standing to set aside the obligation. Confessing the Sins of Others The Shulchan & It’s דף צ”ד he reasons that honoring one’s father and Now we can understand Eisav. According to honoring one’s mother share the theme of the Imrei Noam's approach, there is no rea- Accessories Desert Departure Time דף צ”ה hakaras hatov. son to assume that honoring fathers and honoring mothers have a common basis. For The Shulchan on Display דף צ”ו Birkei Yosef (Y.D. 240:13) quotes Imrei Noam that a parent cannot waive a child's kibud av this reason, Eisav—following the Ramban’s דף צ”ז v’aim obligation. He disagrees. methodology—considered them to be sepa- Assembly Required: the rate mitzvos. And he only kept the one. Shulchan on Shabbos

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