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Toronto Torah Yeshiva University Torah Mitzion Beit Midrash Zichron Dov בס“ד Toronto Torah Yeshiva University Torah miTzion Beit Midrash Zichron Dov Parshat Emor 17 Iyar 5773/April 27, 2013 Vol.4 Num. 29 To sponsor an issue of Toronto Torah, please call 647-234-7299 or email [email protected]. Windows of Illumination Hillel Horovitz Our parshah instructs, "Do not However, a mishnah (Berachot 5:3) arousal of the complete intellect, which slaughter an ox or lamb and its son on declares the polar opposite of the above: will come after the arousal of Torah." the same day." (Vayikra 22:28) Parshat "One who declares [in prayer], 'Your According to Rav Kook, the goal of these Ki Tetze instructs regarding the mercy reaches the bird's nest'… we mitzvot is not to cause a person to be mitzvah of sending away the mother silence him." The Talmud (Berachot fully ethical now, but to provide a peek bird, "When a bird's nest happens 33b) expands, "One sage explained: into a spiritual world which will exist in before you… Send away the mother, Because he places jealousy among G-d's the end of days. These ethical mitzvot and take the children for creations. Another sage explained: do not teach us of Divine mercy, but yourself." (Devarim 22:6) What is the Because he describes G-d's traits as rather they teach us and remind us of nature of these apparently ethical mercy, when these are actually our own capacity for mercy. instructions? decrees." The Talmud itself tells us that one who identifies the source of the In its instruction regarding slaughtering the [thanks offering], the We may note that the Torah uses mitzvah of sending away the mother korban todah unusual terminology in these verses, bird as mercy could then ask why G-d Torah emphasizes the need for a perhaps to awaken our ethical chose to have mercy upon the bird, and personal, independent desire to impulse. One does not slaughter an ox not upon other beasts. Further, we see sacrifice. "According to your desire you or calf, but a parent and "its son". A the sending of the mother bird as an shall slaughter it. (Vayikra 22:29)" The bird is not a bird, but a mother, and ethical act, but would it not be more need for one's personal desire also the younger birds and eggs are not merciful not to take the young at all? appears in the Torah's command objects but children. The Torah And prohibiting slaughtering the mother regarding the korban olah [burnt attempts to generate in a person a and her young on the same day offering] (Vayikra 1:3), but this is the sensitivity to his environment. encourages ethical behaviour, but what first time that it is an instruction: should one do if he needs to feed many "Desire this." The impetus for gratitude This approach is supported in a people and all he owns is a cow and its is not an imposed obligation, but the midrash (Devarim Rabbah Ki Tetze 6): calf? Would feeding one's family become opposite, a recognition from the human "Why is a baby circumcised at eight an unethical act? being. Therefore the sages said (Vayikra days? G-d displays mercy upon him Rabbah Emor 27:12) that all offerings and waits until he is strong enough. We see that it is not possible to apply a will be cancelled in the future, other And just as G-d is merciful upon man, uniform ethic; ethics are not an than the korban todah. This is the so He is merciful upon the beast. absolute science. The talmudic phrase, deepest of offerings, and it will remain Where do we see this? 'When an ox or "placing jealousy," means triggering a with us. criticism of the law, raising legitimate lamb or goat is born, it shall be with It may be said that this is the its mother for seven days, and from questions about Divine choices. Identifying the ethical imperative as a "illumination of the window" described the eighth day it shall be acceptable as by Rav Kook; the korban todah is an offering.' Further, G-d declares, 'Do product of mercy leads to the question of what ethics are, and how one can another peek at this future time. At the not slaughter it and its young on the start of the biblical passage describing same day.' And just as G-d is merciful create the impossible, an absolute system of ethics. the holidays, the Torah reminds us that upon the beast, so He is filled with we are obligated to open windows into mercy upon the birds. Where do we Therefore, Rav Kook explained, in his the next world. We will not comprehend see this? 'When a bird's nest happens essay, "A Vision of Vegetarianism and the entire Divine Will, for G-d's mitzvot before you, etc.'" The midrash cites Peace", that ethical mitzvot are meant are decrees, but by listening to those passages from our parshah and "to prepare a sign of the ethical outcome decrees we will illuminate our world elsewhere to demonstrate that G-d's which will take place in the end of days, with the light of Mashiach. mercy is open not only to people, but to provide windows for the light of the also to other living things. [email protected] MONDAY APRIL 29 AT SHAAREI SHOMAYIM MEDICAL HALACHAH (WITH CME) TREATING ANXIETY & DEPRESSION WITH R’ MORDECHAI TORCZYNER 8:00 PM MEN AND WOMEN INVITED We are grateful to Continental Press 905-660-0311 Miranda Rights in Halachah Yair Manas TORAH FOR YOUR TABLE The Blemished Kohen This past week, after suspected Boston rooftop. Perhaps this person falsely terrorist Dzhokar Tsarnaev was confessed so that the beit din would Rabbi Baruch Weintraub arrested, the American government kill him. However, at bottom, this is a initially did not read him his "Miranda decree from G-d. The first part of Parshat Emor presents rights", which include the right to the law of a kohen who is a ba'al mum remain silent. Per the fifth amendment Rabbi Dr. Norman Lamm, in an article [a person with certain physical to the U.S. Constitution, a person titled, “The Fifth Amendment and Its blemishes detailed in the Torah]. The cannot be compelled to testify against Equivalent in the Halakhah,” explains Torah allows him to eat from korbanot, himself. Under Jewish law, there is a that Rambam's mind-reading can be but not to sacrifice them; a ba'al mum is different approach to self-incrimination. understood via a psychological insight not permitted to serve. of Sigmund Freud. [This article was The Talmud (Sanhedrin 25a) discusses cited in footnote 27 in the landmark This halachah is puzzling. We say every the possibility of disqualifying potential Miranda decision, 384 U.S. 436 morning in the Tehillim of pesukei witnesses because they have lent (1966), of the U.S. Supreme Court.] d'zimrah, G-d "does not desire the might money and charged interest. The Freud theorized that a person may act of the horse, and does not take pleasure Talmud presents a case in which two guilty because of a sense of guilt for a in the legs of man." Rather, "He desires witnesses saw a man named Bar misdeed similar to the one currently those who are in awe of Him, who hope Binitus lend money on interest. The alleged. Freud also suggested that a for His kindness." (Tehillim 147:10-11) first witness testified that he saw the person may act guilty merely for Why should external perfection be a loan take place, and the second witness thinking of the crime currently alleged. factor for the kohanim? testified that Bar Binitus lent him, Therefore, Rambam correctly explains personally, the money. Rava that we must be wary of self- Rabbi Benny Lau proposes an disqualified Bar Binitus, but incrimination; we can never be sure interesting argument. He quotes Rashi, maintained that the borrower [i.e. the that the person who confesses really who cites Malachi 1:8: "When you offer second witness] was not disqualified, committed the crime. a lame or a sick [animal as a korban], is even though his testimony was there nothing wrong? Were you to offer Rabbi Lamm demonstrates a profound accepted as far as disqualifying Bar it to your governor, would he accept you difference between the secular and Binitus. Rava explained that “a person or favor you?" halachic versions of this law against cannot make himself into a wicked self-incrimination. According to Rabbi person,” meaning that a person cannot From here Rabbi Lau concludes that Lamm, the Fifth Amendment right is a incriminate himself. Thus Rava the ba'al mum's disqualification privilege to invoke, or to waive. Under accepted the person’s testimony depends upon social convention; you halachah, a party has no option to regarding Bar Binitus, but not cannot offer to Hashem a gift that you confess. Further, Rabbi Lamm argues regarding himself. would not use for your governor. In the that a party who invokes her right ancient world, such animals were not Rambam (Mishneh Torah, Hilchot against self-incrimination will lose her seen as appropriate for gifts to the Sanhedrin 18:6) writes: There is a reputation, while under the mandatory governor. Rabbi Lau offers a daring decree from G-d that a beit din does not halachic system her reputation will conclusion: if social reality would shift put to death or give lashes to a person remain intact. Therefore, under toward total acceptance of the ba'al according to his own admission, only halachah, there is no privilege against mum as an equal, the Torah would have when there are two witnesses… a self- incrimination, and it is automatic, no reservations against their service.
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