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Seeking Trust in the World ZMANIM Candle-lighting 8:04 pm BY RABBI KENNETH HAIN Mincha 7:00 pm/ 8:12 pm [email protected] Kriat Shema by 9:09 am Mincha 8:15 pm Dedicated with reverence and gratitude to the Shabbos Ends 9:14 pm Weekday Mincha/Maariv 8:15 pm ז''ל memory of Rabbi Dr. Norman Lamm
IN THIS ISSUE Living through this frightening period of Covid-19 1 Seeking Trust in the World, has undoubtedly shaken us all to the core. R. Hain Whether we have been stricken by the virus or 5 Remembering R. Lamm Z'L not, we are all reeling from a sense of loss and 6 The Window, Yael Saffra ongoing fear. 8 Unprecedented, R. Fogel 13 From the Desk of the Yoetzet, In an essay by John Roth, a professor at University Lisa Septimus 15 How Can the Same Be of Haifa in Holocaust studies, written over a half Different?, R. Wein century ago, he captures a state of mind that 18 Halacha Al HaDaf, struck me as timely. He wrote “the expectation of Chayim Maza help, indeed the certainty of help, is one of the 20 Wooden Beams, Iron Pipes, and fundamental experiences of human beings. This Week in America, R. Miller
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Losing the element of trust in the world – Upcoming Shiurim that others will respect my physical and metaphysical being – means a decent society has lost its fundamental essence.”
In recent days our sense of “losing trust in the world” has been compounded by events surrounding the death, and now determined murder, of George Floyd by Detroit Police
officers. Ensuing protests, chaos and
violence have swept throughout the country, particularly in major cities. Unfortunately, despite the fact that the majority of Daf Yomi protestors are non-violent, many have 7:30am with R. Weberman committed criminal acts of violence and 8:30 am with Chayim Maza theft. Once again we sense that many are dismayed and feel we are “losing trust in the Tuesday world.” As Jews, our deeply held values of Talmud Shiur with R. Hain justice, as well as our commitment to “not stand by the blood of your fellow man,” Thursday compel us to confront the imbalances in our 9:15 pm, R. Weberman, Parsha society and safeguard the rights and dignity Shiur of all, regardless of race or religion (see OU statement).
During this time of swirling unrest and TO PAY FUTURE SHUL uncertainty, I and so many in the Jewish CONTRIBUTIONS NOW, world were sadly confronted by the passing a rabbinic ,ע''ה ,PLEASE CLICK HERE of Rabbi Dr. Norman Lamm giant of our time and former President of TO CONTRIBUTE TO THE Yeshiva University His extraordinary intellect, RABBI'S CHARITY FUND, his creative use of words – both written and PLEASE CLICK HERE spoken – and his courageous defense of the philosophy of YU, secured his place as the preeminent Modern Orthodox Rabbi of his time.
Nancy and I had the good fortune of knowing Rabbi Lamm and his recently deceased
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We both learned .ע''ה ,rebbitzen Mindy from them and I had the privilege of working with him at Yeshiva. But my regard for Rabbi Lamm was also based on something intangible but critically significant.
When I completed semicha at YU in 1972, I accepted an offer to be the rabbi of United Orthodox Synagogue in Houston Texas. As you can imagine, despite its name it wasn’t very united and certainly wasn’t it is a ב''ה ,very Orthodox. Today burgeoning shul under the wonderful leadership of Rabbi Barry Gelman – a former rabbinic intern with us in Beth Sholom. Rabbi Dr. Norman Lamm Z'L
After assuming the position, I quickly Rabbi Lamm’s visit to Houston was a tour realized that the rising success of de force of a true leader and thinker. His Orthodoxy had not yet reached deeply in public drashot and lectures allowed my the heart of Texas. Based on our numbers congregants to encounter a rabbi who was and level of enthusiasm, the perception personally sensitive, intellectually daring was that Orthodoxy was in decline and, in and religiously confident. He opened the the eyes of many, not the way of the eyes of many that in fact Orthodox future. (This was supported by among Judaism in our time would not only survive others, a widely read Look Magazine 1964 but thrive. cover story entitled “The Vanishing American Jew”). Thinking back on that pivotal visit, I recall a drasha included in Rabbi Lamm’s well It was then that I placed a phone call to known book of essays “The Royal Reach” Rabbi Lamm. I knew he could relate to my entitled, “The Quest for the Supernatural,“ challenge as he had served 20 years it is essentially an argument for Orthodox earlier in Springfield MA. and he optimism. He cities a comment from the generously offered to come to Houston “Seer of Lublin," Rav Yaakov Yitzchak and present multiple talks and lectures. Halevi Horowitz, who offers a classic His visit shortly thereafter had a powerful Chasidic interpretation of a word in Birkat impact on many, including me, and Cohanim from this week’s parsha Naso ultimately on the community. (Bamidbar 6:22-27).
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"The blessing begins with the words: “May The blessing of God’s presence, our the Lord bless you and keep you.” The last awareness of it, has been denied to clause is, in Hebrew, one word: Western man for many, many decades and ve’yishmerekha, from the word shamor, even centuries. But underneath this hard which means “to guard” or “to keep.” But shell of religious indifference and spiritual the Hasidic sage suggests that it is related insensitivity, there has always frothed the not to this word, but to the word fine ferment of faith, of emunah. shemarim, which means – “yeast.” The blessing lies in this, that the life of Torah The time must come – let us hope it is and mitzvot Is like yeast introduced into sooner than later - that this irrepressible our soul, which causes it to ferment faith, this unquenchable quest for the slowly, quietly, imperceptibly, but always Supernatural, will emerge from the developing, growing, rising, maturing, and mysterious recesses of man’s spiritual elevating. Almost unnoticed, as we add unconscious into full awareness, and insight to insight, mitzvah to mitzvah, begin to transform all of society." good deed to good deed, kindness to kindness, our very interiority begins to Rabbi Lamm’s message of optimism and expand, our yearning increases, and the hope should resonate with us especially curtain between the natural and the today. Orthodoxy has indeed grown and supernatural parts ever so slightly, “risen” to great heights. But during these affording us illuminating insight into the difficult days – trying to regain our realms beyond and within, giving us an bearings beyond this frightening awareness of the transcendent of the pandemic, as well as the serious Supernatural, and increasing our love for challenges of racism, anti-Semitism and God Himself. economic turmoil - should compel us to M A Y 1M5A,JMY U2 AN10Y52E ,0 8 5 ,2|, 0 2 2B2000E22 H0|0 A |B|R AE-NBMAEIOCSDROHB U|A|K R POP |ATA GAGPEIAE| G5 2 EP A3 G E 2 strive to be hopeful and optimistic. No 1976- 2013, succeeding Rabbi Dr. Samuel doubt it will take much time and effort for Belkin. our society to find some sense of equilibrium as we strive to regain “our Aside from his mentorship of generations trust in the world.” of rabbis, he is credited with saving Yeshiva from bankruptcy and for This message of a hopeful vision offered strengthening the academic standing of by Rabbi Lamm can serve us well during the University. He is also credited with these turbulent days. Let us take to heart facilitating the relationship between the closing words of his drasha: Artscroll/Mesorah Publications and the Schottenstein family, which ultimately led "Above all, with the renewed and to the publication of the Artscroll Shas, uninhibited quest of the Supernatural, we transforming the world of Jewish learning. will be heir to the greatest blessing of all: that of social harmony which results from Before his appointment as President, R. individual men and women who have been Lamm served as the rabbi of the Jewish restored to spiritual health – “and give Center in Manhattan from 1959 to 1976 thee peace." and was a professor of Jewish Philosophy at YU. Rabbi Lamm helped found Tradition, an academic journal of Modern Remembering Rabbi Orthodox thought, as well as the Torah U- Madda Journal. His book Torah Umada is Dr. Norman Lamm Z’l viewed as an intellectual mission BY RABBI AVI MILLER statement for Modern Orthodoxy, one that [email protected] outlines the synthesis of Torah and secular study. May his memory be for a blessing.
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To watch the hespedim of R. Lamm at the virtual memorial service, click here.
To read his obituary in the NYTimes, click here. This week we mourn the loss of Rabbi Dr. Norman Lamm, one of the great leaders To access a directory of his sermons, click and visionaries of Modern Orthodoxy in here. America. He served as third President and Chancellor of Yeshiva University from M A Y 1M5A,JMY U2 AN10Y52E ,0 8 5 ,2|, 0 2 2B2000E22 H0|0 A |B|R AE-NBMAEIOCSDROHB U|A|K R POP |ATA GAGPEIAE| G6 2 EP A3 G E 2
overflow from a blessing of three words, It’s All About Love to five words and then concluding with the
BY YAEL SAFFRA number of completion and Divine [email protected] fulfillment- the number seven.
ְי ָב ֶר ְכ ָך ֥ ה ְו ִי ׁ ְש ְמ ֶ ֽר ָך׃ יָ ֵא֨ר ה ּ ָפ ָנ ֛יו ֵא ֶ֖לי ָך ִוֽי ֻח ֶּנֽ ָּך׃ ִי ָּ ׂש֨א ה ּ ָפ ָניו֙ ֵא ֶ֔לי ָך ְויָ ֵ ׂש֥ם ְל ָך֖ ׁ ָש ֽל ֹום׃
While there is much to say about the actual priestly benediction itself I would like to focus on the two phrases that bookend these Psukim. It begins with following words:
ַ ּד ֵּב ֤ר ֶֽאל־ ַא ֲהרֹן ֙ ְו ֶאל־ ָּב ָנ ֣יו ֵלא ֔מֹר ּכֹ֥ה ְת ָב ֲרכ֖וּ ֶאת־ ְּב ֵנ ֣י ִי ְ ׂש ָר ֵא֑ל ָא ֖מ ֹור ָל ֶ ֽהם׃ I can still remember it so vividly, hiding under my father’s tallis in shul, loving the Speak to Aaron and his sons: Thus shall moment of being wrapped up so closely to you bless the people of Israel. Say to him, yet curious about the scene that I them… knew was unfolding in front of me. There I was, peeking out from beneath my Abba’s And the blessing concludes with the Tallis, trying to sneak a glance at the following words: Kohanim and their fascinating hands , ְו ָ ׂשמ֥וּ ֶאת־ ׁ ְש ִ ֖מי ַעל־ ְּב ֵנ ֣י ִי ְ ׂש ָר ֵא֑ל וַ ֲא ִנ֖י ֲא ָב ֲר ֵכֽם׃ even though I was told specifically not to look at them. It was my job to stand Thus they shall link (or place) My name quietly, listen to them as they blessed us with the people of Israel, and I will bless in the familiar yet ancient tropes of Birkat them. Kohanim and allow the entire experience to envelop me and penetrate my soul . At the onset, the Kohanim are instructed, These biblical verses are also a bracha of “Thus shall you bless the Children of love and intimacy that we bestow upon Israel” - designating the priests as the our children every Friday night. It is a source of the blessing. However, at the prayer that we recite every morning in same time, the passage concludes with the davening after Birkat HaTorah, and it is phrase, “and I will bless them”, clearly found in the concluding verses of Kriyat indicating that God is the One who offers Shema Al Hamitah. The three lines of the blessing. Who is the source of the blessings are beautiful and illuminating as blessing here? And on a philosophical level they grow in magnitude, expand and why can’t God bless us directly, or as the
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ָא ְמרוּ ִי ְ ׂש ָר ֵאל ִל ְפ ֵני ַה ָּקד ֹו ׁש ָּברוּ ְך הוּא, ִר ּב ֹון At the site of Ketef Hinnom ָהע ֹו ָל ִמים, ַל ּכֹ ֲה ִנים ַא ְּת א ֹו ֵמר ׁ ֶש ְי ָב ְרכוּ א ֹו ָתנוּ, ֵאין ָאנוּ (southwest of the Old City of ְצ ִרי ִכים ֶא ָּלא ְל ִב ְרכ ֹו ֶתי ָך, ְו ִל ְהי ֹו ֵתינוּ ִמ ְת ָּב ְר ִכים ִמ ִּפי ָך Jerusalem), two tiny silver scrolls with versions of birkat hakohanim in Paleo-Hebrew The Bartenura on the Torah offers the were discovered. following insight: They are dated to early 6th C BCE.
אין הקב"ה מברך את ישראל עד שיברכום הכהנים They are currently housed at the Israel Museum. The Holy One does not initiate blessing Israel until the priests have blessed them. The Torah here is teaching us something significant about the role of the Kohanim, and by extension, is instructing us about is a shul whose congregation consists only ourselves and the very essence of Bracha. of Kohanim? Do they still recite the Divine blessing can only manifest when Priestly Benediction? The answer is yes! there is connectedness between people, Rabbi Zeira says: They say the blessing for when we can see beyond ourselves and their brethren who are in the fields. שהרי כהנים פניהם כלפי .truly see the other א"ר שמלאי בית הכנסת שכולה כהנים כולן עולין the Midrash tells העם ואחוריהם כלפי שכינה לדוכן, למי מברכין, אמר ר' זירא לאחיהם us that when the, Kohanim stand to recite שבשדות. the Priestly Benediction, the Shechina rests behind them, peering over their shoulders and through their outstretched Not only do the Kohanim connect to those arms. At the same time, the Kohanim in their immediate presence, but their must turn to face the congregation as they hearts and minds are charged to stretch to recite the blessing. those beyond their reach who also need
God’s blessings. The Sfat Emet explains . כה תברכו: פנים כנגד פנים... אמור להם כאדם that the Kohen serves as a messenger האומר לחבירו between God and the Jewish people, or as
the Midrash suggests, the Kohen is a “So you shall bless,” means that the priests vessel enabling The Divine presence to must recite the Priestly Benediction face- overflow and dwell amongst the people. to-face with the congregation: like a person who is talking to a friend. Therefore, according to ancient Jewish law, Furthermore,the Gemara poses the the Kohen in order to raise his hands and following question: What happens if there
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In a world of chaos and uncertainty, the However, the article, in my opinion, leaves Birkat Kohanim and its surrounding verses out one critical point. WHY did so many remind us of the importance of being Rabbis, speakers, thinkers, and especially linked to those who are close to us and to journalists, make such a drastic mistake? those who are distant. The catalyst for Were they all historically uninformed? Did receiving the Shechina and Her divine they all only remember as far back as the blessings is to see beyond ourselves, as 1950’s, and conveniently forget all that the Kohen did, to open our minds and our transpired before that? Were they taking hearts and to make room for others . literary license to the detriment of the When God sees us doing this, God’s listener? This question was left countenance will shine upon us and we unaddressed by R’ Lopiansky, and I think will be enveloped in Divine peace. that it is an important one that needs to be answered and understood.
As a teacher of history, it sometimes bewilders me that people are so quick to forget what has transpired in the recent, and not-so-recent, past. Usually, though,
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something ridiculous. I imagine those same people were not advocating “eating grains of mustard and taking bark of oak trees”. Not one speaker mentioned washing the floor with rose water as Rabbi Akiva Eiger advised. Picking out one line of a historical letter to suit your agenda is intellectual dishonesty at its peak, and I had assumed that these speakers were not guilty of doing that. If so, how could they not realize that the same reason Rabbi Akiva Eiger did not advocate for penicillin or ventilators, that were not yet invented, he could also not suggest an idea that was not yet invented.
We now know that cholera is an infection of the small intestine by some strains of RABBI AKIVA EIGER’S RESPONSE TO THE CHOLERA EPIDEMIC IN POLAND IN 1831 the bacterium Vibrio cholerae. It is spread through contaminated water, which was not known at the time, otherwise Rabbi Akiva Eiger would not have advocated for drawing water every morning to wash your face with, which would have spread the transmission of the bacterium. Cholera is not airborne, and davening in confined spaces would not have spread the disease. His advice was the best advice for his time, though it was medically wrong. He is not to blame for following what he thought was the best hygienic practices of the time. Yet, people quoted his letter as if his ‘practical advice’ is relevant, without realizing that the foundational truth of the letter was instructing us to follow the medical advice of our time. This is seemingly axiomatic, and the only possible takeaway from his letter. “Listen to the medical advice of the experts of your time”
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I would venture to say that the sin of the was too strong of a solution. Maybe its Golden Calf has its roots in the fear of the side effects (stress, anxiety, economics, “unprecedented.” This explains the etc.) will prove to be too costly. Or seemingly illogical statement of those who perhaps, the prevention of further served the Golden Calf. As it was being infection will turn out to have saved lives. made, they declared a blatant untruth that And, maybe both are true. What is for sure “this is the god who took you out of Egypt” true is that the novelty of our situation, (32:4). On the simplest level we can which led to mislabeling and understand that they were hoping that misunderstanding, has revealed nothing was going to change. Though something important about the psyche of everything would be different with Moshe our community. no longer leading them, nevertheless, as long as they can claim that “nothing 1 To list all examples of pandemics, and the rabbinic responses, is superfluous for this short essay due to the changed”, and that this calf was the power copious material already published. In fact, a 300 page that took them out, they can remain calm book that dealt with the historical cases and because newness is scary. This response is corresponding responsa was released (online) almost immediately when the pandemic’s effects reached Israel one of a “stiff-necked people” (32:9) who, and the USA. I only use Rabbi Akiva Eiger’s letter as an as the Netziv explains, referred to those example of a well-known source that was a) ignored, b) who refuse to change their nature, even misunderstood, and c) used to mislead. 2 There is a uniqueness to our current generation that we though the situation demanded it <9>. cannot ignore. We are fortunate to live after the Holocaust, after the eradication of polio etc., and in an age A new situation is scary, but even more of constant medical discovery and breakthroughs. However, this uniqueness should not have erased our challenging is relying on new and untested memories. solutions. If habit is comforting, then 3 Unfortunately, everything today is found in the public taking decisive action based on scientific realm. The Internet equalizes all people with any opinion, and social media has given truly forgettable speakers, who knowledge alone is unnerving. Relying were ignored for decades, a forum to publicize their solely on scientific theory is not the norm rantings. as most people want to see that a new 4 Which had killed over 2500 people in Warsaw alone in the summer of 1831. Posen, or Poznan, is west of Warsaw, remedy be tried and tested before they which was the direction that the epidemic took leading to are willing to try it <10>. As we have seen his letter in the fall of 1831. with the anti-vaxxer movement, scientific 5 As the etymology of the name Influenza indicates, it was believed to occur from the “influence” of the stars or the knowledge is not easily believed. This is influence of many causes. It is interesting that the Hebrew especially true when science admits that word for the virus is a translation of the word influence. they are only theorizing, and have not yet 6 As is evidenced by the recommendation to take lethal doses of aspirin, the miracle drug of the time, which had evidence from practical experience. ironically caused fluid buildup in the lung, exacerbating the influenza! Closing down all human interaction is a 7 The Mishna Berura, quoting the sefer Pischei Olam, advises those wanting to fast (on Tisha B’Av) to not leave new theory of communal prevention <11> their houses during the fast, (a nice source for that has never before been tried. Perhaps quarantine), and to force those who want to leave their it houses to wear around their mouth and nose a piece of
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3 Unfortunately, everything today is found in the public influence of many causes. It is interesting that the Hebrew realm. The Internet equalizes all people with any opinion, word for the virus is a translation of the word influence. and social media has given truly forgettable speakers, who 6 As is evidenced by the recommendation to take lethal were ignored for decades, a forum to publicize their doses of aspirin, the miracle drug of the time, which rantings. ironically caused fluid buildup in the lung, exacerbating 4 Which had killed over 2500 people in Warsaw alone in the influenza! the summer of 1831. Posen, or Poznan, is west of Warsaw, 7 The Mishna Berura, quoting the sefer Pischei Olam, which was the direction that the epidemic took leading to advises those wanting to fast (on Tisha B’Av) to not leave his letter in the fall of 1831. their houses during the fast, (a nice source for 5 As the etymology of the name Influenza indicates, it was quarantine), and to force those who want to leave their believed to occur from the “influence” of the stars or the houses to wear around their mouth and nose a piece of
Let's Take a Look
BY LISA SEPTIMUS YOETZET HALACHA OF THE FIVE TOWNS [email protected]
Last week, during Shavuos I took a two- only proud to see the principal of my day hiatus from the news. But right after, children’s Yeshiva march with the I was struck, not just by what I had failed protesters in Far Rockaway, but to see over the past two days, but by what encouraged by the many people who I have avoided fully seeing or at least posted and reposted the picture. confronting for much longer. I averted seeing the overt and subtle racism that However, many people chose to post not only exists in my country but is also about the looters, antifa, lack of social present in my community. distancing, criminal behavior of George Floyd, and the belief that Jews are unfairly This week many community leaders and policed for social distancing while blacks communal institutions have put forth are not. Many of these posts contain important statements that first and truths, important critiques of what has foremost express outrage at another happened this week, and legitimate victim of police brutality. They empathized concerns. But posting these issues now with the black community, showed while so many of citizens are in pain and understanding of their pain, and trying to effectuate real change, is at best expressed frustration that they and we are missing the forest for the trees, or worse still facing these issues. The statements of helping those that would like to prevent community leaders also rightfully real change from happening. We all know condemned those who have turned to that many have manipulated the death of violence and looting in response. I was not George Floyd for their own political
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Right now, is not an easy time to look past The halakhic and safety concerns of our our own troubles and concerns. We are community must continue to be addressed tired of being home, frustrated with as they come up in a thoughtful and timely cancelled camps, plans, weddings and bar- manner. But it is also time to push past mitzvahs. Anxious over financial losses some of our own personal troubles and and uncertainty. And this week raised concerns and drive our community to new concerns and fears and left many of address difficult questions. How does the afraid and not at ease. Jewish community relate to other minority communities? Are we fulfilling the Torah The concerns ran the gamut, but as a obligation to not oppress those that are Yoetzet Halacha, I was receiving the different and to extend love to them? It concerns relating to mikvah. “Is it legal for was beautiful to see a Jewish presence at me to go given the curfew?”; “how could the Far Rockaway protest, but let’s look a the Rabbis tell women they need to go?!”; little deeper before we pat ourselves on “how can the mikvah stay open? It’s not the back. My next-door neighbor, a black safe!”; “we have been assured by the Pastor, told me earlier this week that in Commissioner that it is safe and legal.” his 15 years living on this block there are These concerns were timely and needed to still some neighbors who will not say hello be addressed. I spoke with Rabbi Hershel to him. There are people who look at his Billet, Senior Rabbi of Young Israel of children and make them feel like they Woodmere, and his wife, Rookie Billet, don’t belong. These neighbors are all also a Yoetzet Halacha. Rabbi Billet had Orthodox Jews. We have work to do. consulted with Rabbi Hain and Rav Hershel Schachter who paskened that if a woman The work begins with being willing to see. feels uncomfortable going to the mikvah Making sure to see and acknowledge our at night because of the potential danger, neighbors and all people who are not part she would be permitted to go during the of our “community” but maybe could be. day on the next day (day 8). The We need to look at ourselves honestly. Do precedent for this is found in the Talmud we practice what we preach? Do we treat Niddah 67b, where the Gemara states that everyone like a tzelem elokim- both when a woman can only go to the mikvah at they are in front of us but also when they night, but immediately follows with stories are not? Do we stop ourselves from of Rabbis who decreed in particular making racist jokes and not tolerate them circumstances that women should go as well. Let’s look at ourselves as a first
M A Y 1M5AJ,MUY 2N A10YE52 ,058 ,2| 02 B200E2 H0| A |BR ANE- BMAESIOCDORHB U||A K RP OP A|TAG AGPEIAE |1 G 25 EP A3 G E 2 step to being part of a positive step forward. How Can the Same Be Different? I am proud to be a graduate of and long time supporter of an institution that has BY RABBI AVRAHAM WEIN [email protected] not waited until now to look at these issues. Nishmat, the same flagship institution for Women’s learning, understood the importance of including in their mission educating ALL Jewish women including Ethiopian Israelis from lower income families. They established a program 20 years ago for Ethiopian young women to take Torah classes alongside College preparation courses giving them tools for personal and professional advancement. Many graduates from this Our community suffered a tremendous program are active and articulate loss this past week with the passing of advocates for change in Israeli society. Rabbi Dr. Norman Lamm zt”l. He had a long and impressive career with many This week on social media I saw many remarkable and singular accomplishments complain that certain politicians or groups as a prominent pulpit Rabbi, president of have a double standard for us. They hold Yeshiva University, and author. I Jews to a higher standard. I don’t know encourage everyone to listen to and read whether this is true. But if the standard in the eulogies and tributes to him that are this country includes racism, belittling, proliferating online. I would like to share politics before people, vandalism, acts of with you an idea from his writings that desecration, looting and violence then I resonates deeply with me. want us to be held to a higher standard. Life experiences often allow one to revisit parts of Torah and appreciate them in a new light. I had such an experience this week with a comment by Ramban. Parshat Naso is the longest parsha in the Torah with 176 verses (also the largest number of dapim [pages] in a tractate of Gemara - Bava Batra - a famous trivia question). One of the reasons for its length is the repetition of the identical offerings
M A Y 1M5AJ,MUY 2N A10YE52 ,058 ,2| 02 B200E2 H0| A |BR ANE- BMAESIOCDORHB U||A K RP OP A|TAG AGPEIAE |1 G 26 EP A3 G E 2 brought by the twelve nesi’im (tribal IN CASE YOU MISSED IT princes) to the Mishkan. The detailing of all the identical donations troubled many commentators on the Torah. As the Torah does not waste words or even letters— demonstrated by our sages when they AUDIO SHIUR ROUNDUP derive laws from even just an additional R. Miller Why Do We Merit letter in the Torah—what is the purpose of Birkas Kohanim? the Torah repeating the same text twelve times? Why couldn’t the Torah have just R. Laufer Sefer Hamitzvot detailed the set of offerings from the first Mitzvah 18 - Kiddush Bechoros nasi and then state that the rest of the R. Wein: "The Amazon nesi’im did the same? Deliveryman of Parshat Naso"
Among the many suggested answers to this question, the Ramban shares two very insightful explanations. The first is that order to perform their jobs. For the most had the Torah mentioned only the first part, they are not doing actions so nasi’s offerings, then it would have different from what they did before and— diminished the donations from the other be-ezrat Hashem soon—will do after the nesi’im. The Torah wanted to show honor pandemic. They also are not doing for the generosity of each of the nesi’im something unique or distinct from others even though they were not unique or in their profession. But, as Ramban’s different from the others. answer captures, each of these workers is worthy of recognition and appreciation Our experiences this year during the despite not doing something unique. It is pandemic made me realize that Ramban’s incumbent upon each of us to express our answer is truly profound. Although each sincere gratitude to them. nasi performed precisely the same action as the other nesi’im, each of their acts Ramban’s second answer is extremely were significant and worthy of specific relevant to our generation as well. He recognition. Aside from the wonderful and challenges the assumption of the question heroic medical professionals, if we think and argues that while the nesi’im did bring about the pandemic this year, so much of the same animals and items, at an what has kept our lives and economy essential level they did not actually bring going have been workers like cashiers, the same offering because each nasi delivery men, mailmen, and truck drivers. presented it with a different intent. All of They have continuously put themselves at the different tribes had separate risk and into uncomfortable situations in explanations and unique reasons for why
M A Y 1M5AJ,MUY 2N A10YE52 ,058 ,2| 02 B200E2 H0| A |BR ANE- BMAESIOCDORHB U||A K RP OP A|TAG AGPEIAE |1 G 27 EP A3 G E 2 they should bring this specific set of gifts. spontaneous. In contrast, law is objective; Hence, it is entirely appropriate that the it requires discipline, structure, obedience, Torah details all of the nesi’im’s offerings order. Yet both are necessary. The life of individually because each one was distinct spirit need not be chaotic and from the next. undisciplined; the life of law, similarly, need not exclude the pulsing heart and Ramban’s answer captures a critical idea. soaring soul of the religious individual… Our age is one that focuses heavily on the Halakha, a “way of life,” does not importance of individuality and self- preclude the participation of the heart fulfillment. Unfortunately, very often the and a deepening inwardness. In halakhic system is seen as entirely Judaism, each side – spirit and law – precluding individuality as we are all shows understanding for the other; we bound by the same 613 mitzvot. However, are not asked to choose one over the Ramban’s answer demonstrates not only other, but to practice a proper balance that there is opportunity for individuality that respects and reconciles the and personal expression but also that the demands of each. Torah attributes great significance to it. Similar to the nesi’im’s gifts, even if we are Rabbi Lamm’s idea is both empowering all performing the same mitzvot, our and frightening. We cannot simply unique intentions, experiences, and perform mitzvot by rote and with a reasons for performing these actions can mindset of just trying to get them done. entirely change the very essence of the Instead, we have to embrace the action. This notion was beautifully opportunity to enhance our mitzva articulated in several places by Rabbi Dr. performance by doing them with an Norman Lamm zt”l. In the opening chapter elevated sense of “spirituality.” It is of his book Shema (vol. 1, pp. 6-7) he especially pertinent during this time when wrote: the performance of communal mitzvot is starting to return to taking place in person By “spirituality” I mean the intention we that we all be inspired by Rabbi Lamm’s bring to our religious acts, the focusing of idea—which he also lived by—to perform our mind and thoughts on the mitzvot with feelings of connection and transcendent, the entire range of appreciation. mindfulness – whether simple awareness of what we are doing, in contrast to rote performance, or elaborate mystical meditations… Spirituality is subjective; the very fact of its inwardness implies a certain degree of anarchy; it is unfettered and self-directed, impulsive and THE EMAIL ADDRESS OF OUR CONTRIBUTORS ARE LISTED
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The Gemara, in elaborating on the Halacha Al HaDaf sequence of the week’s events, leading up
BY CHAYIM MAZA to Matan Torah, says that according to [email protected] R’Yose, Moshe Rabeinu, on his own, added an extra day, a 3rd day, to the Mitzvah of This week’s Daf Yomi contains some of the P’risha, separation, required of the Jewish most well known Gemaros about Maamad People, to purify themselves, before Har Sinai and Kabalas Hatorah, and we receiving the Torah, and G-d ratified have to thank R’ Yehoshua Ben Levi, a Moshe’s decision. contemporary of R’ Yochanan and Raish
Lakish, the author of many of these Although, today, of course, our calendar is teachings, for the rich imagery, with which fixed, and we celebrate Shavuos on the he depicts these seminal events, that 6th day of Sivan, the date on which enables us to appreciate Kabalas Hatorah, Shavuos occurred, is actually a matter of in all its majesty and glory. This is debate among the Rishonim and especially apropos, since we just Achronim. The Tur, actually appears to experienced the Festival of Shavuos, Paskin like R’ Yose, because the Tur writes albeit, somewhat differently than we are in Orach Chaim, Hilchos Pessach, Siman accustomed to celebrating it. 430 that the Shabbos before Pessach is
called Shabbos Hagadol, because on that The Gemara on Shabbos 86b records the day, which was the 10th day of Nissan, Machlokes, dispute, between R’Yose and every Jew took a lamb, in the face of the the Rabbis as to the date, on which, Matan Egyptians, and slaughtered it 4 days later Torah actually occurred. The Rabbis say it for the Korban Pessach, and on the 5th was on the 6th day of Sivan, which is the day, the 15th of Nissan, which would have date we celebrate Shavuos, and R’ Yose been a Thursday, the Jewish People had says it was actually on the 7th day of their Exodus from Egypt. And, accordingly, Sivan. this would mean, as the B’raita on Daf
87(b) shows, that Nissan, a 30-day month, The Gemara explains that everyone agrees ended on a Friday that year; Iyar, a 29 day that the Luchos were given on Shabbos, month, began on Saturday and ended on and the point of dispute is only concerning Saturday, and Sivan began on Sunday, with which day of the week did Rosh Chodesh Matan Torah occurring the following Sivan occur that year. According to R’ Yose Shabbos, the 7th of Sivan, all in it was on a Sunday and, therefore, the day accordance with the opinion of R' Yose. of Matan Torah was Saturday the 7th of
Sivan, whereas, the Rabbis hold that Rosh The Magen Avraham (“M”A”), in Orach Chodesh Sivan was on a Monday, and Chaim, Siman 494, like the Tur, also accordingly, the Torah was given on Paskins like R’ Yose that Matan Torah was Saturday, the 6th of Sivan.
A U G U S T 2 0 2 0 | I S S U E N O . 4 M A YMM AM1MAY5AJY ,AMYU1 Y2 ,1NA1 05Y1E252, 50, 015 ,2 2, 0| 202 02|B020 E2 A0 |H0| C |A BH|B RA BAAEN-MARBMAMEIEIOSDICDIO-RBDHMB ABUA|ORA KRTP RO P|/A|| KATG PAEPGEADAIE G|1OG E59ES P H219A0I GME 8 on the 7th of Sivan. The M”A then asks a was not established due to a S’feika powerful question. He asks how can we D’Yoma, uncertainty as to the date, since say in our Shavuos davening, on the 6th of Shavuos was not established based on the Sivan, “Z’man Matan Toraseinu” , if it isn’t calendar, at all, but, on the Omer, with the true, if it was really on the 7th. And, he 51st day being added by Moshe Rabbeinu. asks further, that we know, as the Torah tells us, that Shavuos is supposed to be on Rav Moshe Shturnbuch, in Chelek 4 of his the 50th day after bringing the Korban work Moadim U’Zmanim, however, gives a Omer. But, according to R’Yose, Shavuos different answer, to the question of the comes out on the 51st day of the Omer, Magen Avrohom. He writes that even against an explicit command of the according to R’Yose it is appropriate to say Torah!?! Z’man Matan Toraseinu” on the 6th day of Sivan. He creatively, distinguishes between The M”A provides an amazing answer. He MATAN Torah, the giving of the Torah and writes, incredibly, that Matan Torah was KABOLAS Hatorah, the receiving of the changed from the 6th day of Sivan to the Torah, and says that the Torah was ready 7th, and from the 50th day of the Omer to to be “given” by Hashem on the 6th day of the 51st, to indicate to us, to fortell, the Sivan, but we, the Jewish People, were not concept of “Yom Tov Sheni Shel Galiyos”, a ready to “receive” the Torah, until the 7th second day of Yom Tov, outside Eretz day of Sivan, until after the day that Yisroel, inasmuch as the Torah was not Moshe added and God agreed to. And, given to us in Eretz Yisroel, but, in the that is why we say “Z’man MATAN Midbar, the desert. The M”A further Toraseinu” and not “Z’man KABALAS suggests, that perhaps that is what the Toraseinu” in our davening on Shavuos. B’raita on Daf 87(a) means when it says that Moshe Rabbeinu “added a day” (the extra day of separation, mentioned above), and Hashem agreed.
This Magen Avrohom is taken so seriously by the Chasam Sofer, that in one of his Responsa, he entertains the possibility (though he rejects it in the end) that some of the leniencies that apply to 2nd day Yom Tov, (such as for Kavod Hames, and other laws, mentioned in Hilchos Yom Tov) should not apply to 2nd day of Shavuos, because, unlike Pessach, Sukkot, and Simchat Torah, the 2nd day of Shavuos, M A YM M1A5YA,JM Y U12 AA,N10 YU52E ,G0 1 52 U,2|, 00S 2 22TB0|00 E2 2 AH0|0C A 2 |BH|R0 A E- NB|MR AEEIOCSDISR-OHSBM U |A|OE KR T POP N/|AATKO GAGPE.EIAE D| 4 GO2 1E 0S5P H1AI4GME 1 5
Wooden Beams, Iron Pipes, and This Week in America
BY RABBI AVI MILLER [email protected]
My colleague, R. Alex Ozar, wondered in a itself, due to an ordinance instituted for Facebook post whether an ancient dispute the sake of the penitent. between Beis Shammai and Beis Hillel can offer insight into the crisis we are Must the stolen beam itself, the cheftzeh witnessing unfold in America. The case is shel isser, be returned at any and all costs, found in Gitten 55a: including tearing down the house if necessary, or is it sufficient to compensate the victim for the monetary loss he תנו רבנן גזל מריש ובנאו בבירה ב"ש אומרים suffered? Beis Shammai orders that the מקעקע כל הבירה כולה ומחזיר מריש לבעליו וב"ה house be torn down; Beis Hillel thinks אומרים אין לו אלא דמי מריש בלבד משום תקנת such a blind, robotic application of the law השבין: is both unwise and unjust. If one robbed another of a beam and built it into a building, Beis Shammai says: He Beis Shammai’s view is predicated on the must destroy the entire building and clear halakhic norm that the actual stolen return the beam to its owners. [And] Beis goods must physically be returned to their Hillel says: The injured party receives only rightful owner. The Torah says in Vayikra the value of the beam but not the beam 5:23
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:Aruch paskens in Choshen Mishpat 360 ְו ָהיָה ִּכי־יֶ ֱח ָטא ְו ָא ׁ ֵשם ְו ֵה ׁ ִשיב ֶאת־ ַה ְּגזֵ ָלה ֲא ׁ ֶשר ָּג ָזל....
כל הגוזל חייב להחזיר הגזילה עצמה שנא' והשיב Then it shall be, if he has sinned, and is את הגזילה אשר גזל guilty, that he shall restore the item that he robbed Anyone who steals, must return what he (For a parallel law found in this week’s has stolen, as it is stated, (Leviticus 5:23), parsha, see Bamidbar 5:7). The Sefer "and return the theft that he robbed. HaChinuch (Mitzvah 130) explains: An exception to this rule is if the thief transforms the object in some significant מצות השבת גזל - שנצטוינו להשיב את הגזלה way, he would be exempt from returning בעין. (ב''ק סו א). כלומר שאם הדבר ממש שגזל this altered object. Instead, he must pay הוא אצלו ולא נשתנה ברשותו שחיב להשיבו אל .the monetary value of the object instead הנגזל כמות שהוא, ולא שיקחנו לעצמו ויתן דמיו Perhaps the dispute between Beis Hillel לנגזל, שנאמר (ויקרא ה כג) והשיב את הגזלה אשר and Beis Shamai turns on this גזל, ואמרינן בקמא בפרק הגוזל בתרא (ב''ק קיב consideration. Beis Shamai considers the א) תנו רבנן והשיב את הגזלה אשר גזל, מה תלמוד wooden beam fully intact and therefore לומר אשר גזל? יחזיר כעין שגזל. subject to return. Beis Hillel considers the The commandment of returning theft: wooden beam thoroughly transformed That we were commanded to return the and therefore subject to monetary theft intact (Bava Kamma 66a) - meaning compensation instead. to say that if the stolen object itself is with him and it has not changed in his This neat solution, however, is rejected by possession, he is obligated to return it to both the Chinuch and the Shulchan Aruch. the one robbed; and not take it for According to them, Beis Shamai and Beis himself, and give its value to the one Hillel agree that in our Gemara, the robbed - as it is stated (Leviticus 5:23), wooden beam is not sufficiently "and return the theft that he robbed." And transformed such that the thief would be we say in Bava Kamma 102a in the chapter exempt to return it. What then underlies [known as] HaGozel Batra, "The Rabbis their dispute? learned, 'And return the theft that he robbed' - what do we learn to say [from] Beis Shamai considers this case no 'that he robbed?' That he return the intact differently than an ordinary case of theft. item that he robbed." Since the goal is to make the victim (who is blameless) whole, he must dismantle his A thief must return the stolen object entire house if need be so the stolen rather than pay the rightful owner its object is restored to its rightful owner. value. This is precisely how the Shulchan This strict, exacting approach fits well with
M A YM M1A5YA,JM Y U12 AA,N10 YU52E ,G0 1 52 U,2|, 00S 2 22TB0|00 E2 2 AH0|0C A 2 |BH|R0 A E- NB|MR AEEIOCSDISR-OHSBM U |A|OE KR T POP N/|AATKO GAGPE.EIAE D| 4 GO2 1E 2S5P H1AI4GME 1 5 what we know about Beis Shammai from dismantle their homes and buildings to other sources. Shamai himself, it should return any stolen beams incorporated be noted, was exacting in many areas of therein. Yonah (who I might add appears halacha. This is made wonderfully to share the halakhic personality of manifest in the Gemara Shabbos which Shammai in his midat ha’din, exacting describes him as carrying around a nature) insists that full teshuva, complete builder’s measuring stick, sometimes to repentance requires paskening like Beis beat potential converts he took to be Shammai. ְ ּד ָחפ ֹו ְּב ַא ַּמת" ,insincere (see B. Shabbos 31a but also presumably to Beis Hillel, whom we pasken like, is far ,(" ַה ִּב ְניָן ׁ ֶש ְּביָד ֹו actually use to build with. Perhaps he was more conciliatory and tempered. He does an architect or engineer. Shamai, the not insist that the thief dismantle his exacting engineer always measuring and home; instead, he may make amends by calculating (and sometimes beating), rules paying the victim the cash equivalent. The משום‘ :that the house of the thief must be torn reason he offers is a bit enigmatic a rabbinic enactment for the ,’תקנת השבין .down sake of the penitent. How so? His view wins the approval of the 3rd century Amora, Shmuel: Hillel understood that society is not always improved by strict adherence to the letter of the law. If we demand that thieves וישובו איש מדרכו הרעה ומן החמס אשר בכפיהם dismantle their homes to return stolen (יונה ג, ח). מאי ומן החמס אשר בכפיהם אמר beams, far fewer people would be inclined שמואל אפילו גזל מריש ובנאו בבירה מקעקע כל to come forward of their own volition to הבירה כולה ומחזיר מריש לבעליו make amends. The cost would simply be The verse states: “And let them turn, every too great and as a result, not only would one from his evil way, and from the the victim remain beam-less, but the thief violence that is in their hands” (Jonah 3:8). would remain a thief. It is a lose-lose What is the meaning of the phrase “and situation. from the violence that is in their hands”? Shmuel said that the king of Nineveh Indeed the Gemara in Bava Kamma 94b proclaimed: Even if one stole a beam and records an incident of a thief who, feeling built it into his building, he must tear guilty about what he had done, told his down the entire building and return the wife he was considering returning what he beam to its owner. had stolen. But his wife said to him:
ריקה אם אתה עושה תשובה אפילו אבנט אינו According to Shmuel, Yonah preaches to שלך. ונמנע ולא עשה תשובה - the people of Nineveh that God Wanted and justice demanded - that they
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“Empty one! If you were to make full kind of material employed in building, and amends, then even your belt is not your the object of this provision is to avoid the own! And so he refrained and did not necessity of having buildings pulled down ; repent. but if through some cause or other they should be destroyed, the owner of the If the threshold by which a thief could materials, unless he has already sued for make restitution is lowered, if halacha double value, may bring a real action for didn’t demand that the only way to do recovery, or a personal action for teshuvah is for the thief to destroy his production. home, Beis Hillel argues there would actually be greater justice in the world. Equitable principles are placed above law.
Beis Hillel’s legal decision finds an interesting parallel in Roman law. In Book Two, Title One of the Institutes of Justinian, a sixth-century codification of Roman law ordered by the Byzantine emperor Justinian I (largely based upon the second century Institutes of Gaius, roughly the time Beis Shammai and Beis Hillel were active), we find the following:
If a man builds upon his own ground with another's materials, the building is deemed to be his property, for buildings become a part of the ground on which they stand. And yet he who was owner of the materials does not cease to own them, PORTRAIT MOSAIC OF JUSTINIAN I but he cannot bring a real action for their SAN VITALE, RAVENNA recovery, or sue for their production, by reason of a clause in the Twelve Tables What Chazal called “merish ha-gazul” (the providing that no one shall be compelled stolen beam), the Latin Jurists knew as to take out of his house materials “tignum iunctum.” According to Professor (tignum), even though they belong to Eliezer Segal, while the law is basically the another, which have once been built into same, the legal rationale presented is it, but that double their value may be noticeably different. The Roman law is recovered by the action called de tigno based on a pragmatic reason, namely “to iniuncto. The term tignum includes every avoid the necessity of having buildings
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For the Rabbis, the reason (at least as it’s rhetorically framed) is less about economic inefficiency and more about ensuring more wooden beam thieves come forward and make their victims whole. The truth of the matter is, the distinction should not be overdrawn. As R. Ozar put it to me in a private correspondence over Facebook Messenger, Beis Hillel’s ruling is best Justice Benjamin N. Cardozo understood as presupposing the Roman legal background. It is precisely the high on the contract. A lawsuit ensued. Then cost of returning the wooden beam came the inevitable appeal. (dismantling one’s house!) that poses the barrier to teshuva. Still, it is telling that Judge Cardozo’s opinion gave birth to the Beis Hillel chose to frame their ruling as a “Economic Waste” doctrine. He held that matter of teshuva, rather than as a matter the ordinary measure of contract damages of economic efficiency. - the cost of remedying a defect - must not be applied when “the cost of completion is My father pointed out to me that Beis grossly and unfairly out of proportion to Hillel’s ruling finds a parallel in American “the good to be obtained” from compelling law as well. In Jacob & Youngs, Inc. v. specific performance. In these situations, Kent, 129 N.E. 889 (NY. Ct. App. 1921), a the proper measure of damages is the builder installed the wrong iron pipe in a difference in value between the work homeowner’s home. The owner instructed performed and the work promised <1>. the builder to remove the non-conforming Judge Cardoza understood that we pipe and replace it with Reading pipe. The shouldn’t dismantle a structurally sound builder of course refused, and demanded house just because it wasn’t built precisely payment of the remaining balance owing according to specifications.
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America was built in large part with “stolen I do not know what Hillel would have said beams.” There are those who demand about Yonah’s exhortation to Nineveh, but that for justice to be served, the edifice of I hope it would have been something like America must be systematically this: Nineveh was the exception that dismantled and built anew. That is the proves the rule. That society was so approach of Shammai. That is the fundamentally evil and corrupt that it had approach of Yonah. The moral logic is to be dismantled, brick by brick, and then purist, narrow, exacting, and rebuilt from the ground up. There have revolutionary. been several such societies since Nineveh, some in the Twentieth Century. Beis Hillel, however, considers such an approach imprudent and unwise. Justice, But America is no Nineveh. It is a great even if it’s about something structural, but imperfect society. Accordingly, we foundational, or systemic, should not be need not rely upon Beis Shammai’s redressed by a complete dismantling. That draconian doctrine. Instead, we can would not only constitute a terrible waste embrace Hillel’s love of equity. Rather of resources, but it would also lead to than dismantle and demolish, we can more injustice. As R. Ozer put it, “to repair and refurbish and engage in demand that I raze my home for the sake constructive Tikkun Olam. of restoring justice -- to insist on perfect justice-- is liable to mean that no justice will be served at all.” Beis Hillel is willing 1 https://www.albrightstoddard.com/economic-waste- doctrine-history/ to live in a house/building/country/world, that is built upon “stolen beams” or structural injustice provided, of course, that the injustice is redressed.
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