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Parshat Emor 17 Iyar 5773/April 27, 2013 Vol.4 Num. 29

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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 (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 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. Sanhedrin does not punish someone while under secular law the privilege who admits to a crime because maybe exists, and is usually up to the My revered teacher, Rabbi Aharon he was insane in this matter, and is a accused to invoke or to waive. [For Lichtenstein shlit"a, has written sharply bitter person who is waiting to die, a further reading, see Rabbi Lamm’s against Rabbi Lau's argument. person who thrusts a sword into his Faith and Doubt, Chapter Ten.] Certainly, we are obligated to accept the stomach and hurls himself from a [email protected] ba'al mum as an equal and to create a world in which this is so. However, public opinion does not define what is 613 Mitzvot: #254 considered whole or broken. By explicitly excluding the ba'al mum from Respect the Sanctuary service, the Torah sets an objective Rabbi Mordechai Torczyner definition of "broken".

Mitzvah 254 instructs us to regard Today, we treat our synagogue as Rabbi Lichtenstein does not explain the Beit HaMikdash with reverence; “mikdash me’at,” a miniature version of why this should be the definition, but as the Sefer haChinuch explains, this the Beit HaMikdash, and we apply many perhaps we may suggest that the Beit places us in the proper frame of mind of the rules of the Beit HaMikdash to the Hamikdash serves as a window to a for the spiritual activities we conduct sanctuaries of our synagogues. For world which is entirely good. Regarding there. This affects our every action on example: One should not cross through this world it is said, "Then the eyes of that site; for example, we are not to the sanctuary in order to reach the other the blind shall be opened, and the ears cross the space as a shortcut, wear side of the building, one should not of the deaf shall be unstopped. Then shoes there, or carry money while discuss mundane matters while in the the lame shall skip like a hart, and the there. One may enter the Temple sanctuary, and one may enter a tongue of the mute shall Mount only for the sake of performing sanctuary only to perform a mitzvah. sing." (Yeshayah 35:5-6) May we see a mitzvah. (Mishneh Torah, Hilchot (Mishneh Torah, Hilchot Tefilah 11:8) this fulfilled soon. Beit haBechirah 7:2) [email protected] [email protected]

2 Visit us at www.torontotorah.com This Week in Biography: Rabbi Moshe Sofer R’ Mordechai Torczyner Israeli History 18 Iyar 1929 Torah in Translation One of the most prominent halachic authorities of the past 300 years, a Bnai Akiva is Born

Personalized committed mystic, a staunch Adam Frieberg Rabbi Moshe Sofer conservative, an ardent supporter of aliyah and an architect of a powerful 18 Iyar is Sunday Shu”t Chatam Sofer 1:197 rabbinic dynasty, Rabbi Moshe Sofer remains one of the most influential Following World War I, the League of Translated by R’ Mordechai Torczyner leaders of modern Judaism – all without Nations granted authority to the British over the land that was then I am accustomed to tell people that all of the publishing a single book during his halachah stated in is the lifetime. Rabbi Sofer is also known as called Palestine. Being a Jewish Torah given equally to all Israel, with no one "Chatam Sofer", which is the name of pioneer in those times, constructing excluded, but that one who possesses only the posthumously published books of a homeland and surviving economically, was extremely Torah does not even possess Torah (see his talmudic teachings and responsa. challenging. The harsh conditions Yevamot 109b), for then his performance Rabbi Moshe Sofer was born on 7 and taxing physical labor made the becomes merely "the trained habit of men Tishrei in 1762, in Frankfurt am Main. goal of redefining the spiritual (Yeshayah 29:13)" "passed from father to son He studied under Rabbi Pinchas identity of the Jewish nation (ibid. 38:19)". Horowitz, Rabbi of Frankfurt, and Rabbi extremely difficult for the small group , a leading halachic Therefore, one who would be generous to his of religious Jews who were pioneers. authority as well as mystic. Rabbi Creator will be recognized by his deeds, that Sofer's father passed away in 1779, and Between 1919-1923 the Third Aliyah which his heart devises in the name of G-d, in 1782 Rabbi Sofer moved to Moravia to took place. This aliyah brought many to vow restraint from that which his heart accompany Rabbi Nathan Adler in his ideological socialist Jews to the land. chooses. In this one path does not serve two own journey. In Moravia, Rabbi Sofer They advocated a society which people, for the hearts of no two individuals married Sarah Yerwitz, a middle-aged would be made up of “new Jews”, are alike in their love of G-d. widow of well-known righteousness. He who paid little attention to the became Rabbi of Dresnitz in 1794, and traditional Jewish practices and For this reason, we are called "sons of then of Mattersdorf in 1798. After laws.

Kushites (Amos 9:7)", meaning that we are all accepting the Mattersdorf offer he was unique in our deeds (Moed Katan 16b). [Of Many religious Jews of the time were invited to serve a larger city, Prossnitz, part of a workers' movement named course,] we are only different in our skin, but but he declined because he had given inside we are united with all of Israel. HaPoel HaMizrachi, whose motto his word to Mattersdorf. was, “The Land of Israel, for the However, in order to form a complete community, all of the people would Beginning in Dresnitz and then with People of Israel, according to the generously join in one custom, and that greater strength in Mattersdorf, Rabbi Torah of Israel.” Following the Third would become the law for Israel and the Sofer took public positions on the issues Aliyah, the national Labour habit of men, and that is not acceptable. of the day, such as drafting of Jews into organization strongly discriminated non-Jewish armies, inequitable against members of HaPoel Therefore, I saw my masters the brilliant distribution of the communal tax HaMizrachi. The Jewish National Haflaah [Rabbi Pinchas Horowitz] and my burden, public support for Torah study, Fund distributed land to many master, the most pious of kohanim, Rabbi and the sects of Sabbateanism and associations, but not to this religious Nathan Adler, and my brilliant master Rabbi Chasidism. Rabbi Sofer did not get group. Further, beyond the Zalman the Pious, that they did not draw a involved in battles with the Haskalah difficulties of life, members of HaPoel community [after their customs]. I can testify ["Jewish Enlightement"], though. In HaMizrachi worried about their that I never heard these sacred leaders of 1802 Rabbi Sofer accepted a rabbinic children and how they would keep Israel quote the Zohar in any public position in Waag Neustadt, but when a them observant. address… Not one of their students fire then decimated Mattersdorf he felt A pioneer named Yechiel Eliash resembled the next, this is what I always say. obligated to remain there. suggested that a youth movement be In 1806, Rabbi Sofer accepted a rabbinic position in Pressburg (a.k.a. Bratislava), a formed to organize and strengthen large stage with a Haskalah-friendly population. Rabbi Sofer did not attempt to change the youth, making them proud of the citizens directly; instead, he increased the size of the local yeshiva to 150 students, their religion while celebrating their appointed to teach interested community members, and gave frequent public Zionism. He knew that the youth lectures. He avoided public bans - such as during the attempt of reform-minded rabbis were interested in such groups, as to repeal the prohibition against kitniyot in 1810 - but he did take stances against many had already joined socialist modern philosophy, critical study of Judaism, and the use of translations in education. youth movements such as HaNoar Ha'Oved. This idea was originally met In 1812, Rabbi Sofer's first wife passed away; a few months later he married another with opposition from some religious widow named Sarah, daughter of the well-known Rabbi Akiva Eiger. leaders who feared that youth

Today, Rabbi Sofer is remembered as a staunch opponent of innovation within Judaism movements were naturally rebellious, – although, as one can see from the translation accompanying this article, it is hardly and therefore had no place in an accurate charge. The claim largely comes from his 1819 responsum regarding the religious society. They were also construction of a Reform temple in Hamburg. This responsum catapulted Rabbi Sofer worried that the group would detract [who always signed his name, “Moshe the small”] to his greatest fame; he was now from their children's studies. Yechiel consulted on every major issue, and his students served as rabbis across Hungary. Eliash ignored his opponents and Hungarian Jewry became divided between Haskalah and the students of Rabbi Moshe started the youth group, Bnei Akiva, on May 28th, 1929. Sofer, who passed away in 1839 but whose influence remains strong to this day. [email protected] [email protected]

Visit us at www.torontotorah.com 3 Our Haftorah: Yechezkel 44:15-31 Rabbi Baruch Weintraub Who is the prophet of our Haftorah? to our haftorah (Yechezkel 44:5-14) kohanim. However, there is a subtle Yechezkel, son of Buzi, was a priest stressing that the kohen should be an contrast between the descriptions of the who was exiled from Eretz Yisrael individual who remained loyal when the kohanim in the parshah and haftorah. before the destruction of the first Beit rest of the nation removed themselves HaMikdash. Some suggest that “Buzi” from G-d and began worshipping idols. In the parshah, the kohanim are not is actually Yirmiyahu. His book begins, Yechezkel mentions the house of Tzadok separated entirely from the people; in “I am in exile, on the K'var River”, and as a family who kept from going astray. an example we cited above, they are in his prophecies he speaks to his allowed to marry the widow of a non- fellow exiled Jews. However, the first The kohanim that will serve in Beit kohen. Furthermore, when Moshe half of Sefer Yechezkel (until Chapter Hamikdash, Yechezkel explains, will Rabbeinu gives the kohanim their laws, 24) consists mainly of rebukes issued stand apart from the rest of Am Yisrael. he addresses the nation as a whole. before the destruction of the Beit For example: according to the laws we (Vayikra 21:24) Our sages explain that HaMikdash, as Yechezkel battles the read in our parshah, a kohen is allowed the courts, which are not necessarily sins and corruption of the Jewish to marry a widow whose late husband populated by kohanim, should enforce nation. had not been a kohen, but future observance of the laws of the kohanim. kohanim will avoid that. (44:22) In other words, according to our After G-d's decision to destroy the Beit parshah, the kohanim are serving the HaMikdash, Yechezkel turns to the In addition to their role in the Beit Jews, and being supervised by them. surrounding nations and prophesies HaMikdash, the kohanim will have an their own destruction as a punishment educational role – teaching Torah and In our haftorah, the message seems to for the suffering they have inflicted instructing halachah, as well as judging differ. The kohanim are chosen because upon the Jewish nation. Then, from and enforcing the laws of Shabbat and they were able to separate themselves Chapter 33 to the end, Yechezkel festivals. (44:23-24) from the people when the latter sinned, and this separation remains, as focuses mainly on consolation for the However, although the kohanim serve devastated Jews, predicting their represented in the new laws of marriage both in the Beit HaMikdash and in and the laws of clothing that were redemption and salvation. general society, they must observe mentioned earlier. Here, the kohanim Our haftorah, from Chapter 44, belongs boundaries between their roles. The supervise the Jews, and not vice versa. to the consolation part of the book. clothes they wear in the Beit HaMikdash must be kept there, and are The message of this seeming What is the message of our haftorah? not permitted outside, lest they contradiction, which corresponds to the Our haftorah describes who qualifies to inappropriately mingle different types of famous question (see Nedarim 35b) of be a kohen in the future Beit sanctity. (44:17-19) whether the kohanim are our delegates HaMikdash, and what his status, laws to G-d, or His delegates to us, is beyond and roles will be. What is the link to our parshah? the scope of this article – but it is worth The obvious connection between the thinking about, as we read Yechezkel's As to who is qualified for the service, parsha and the haftorah is that both vision for the future Beit HaMikdash.

Yechezkel spends the verses leading up are engaged deeply with the laws of the [email protected] Highlights for April 27 – May 3 / 17 Iyar - 23 Iyar Shabbat, April 26-27 7:45 AM R’ Baruch Weintraub, Reasons for mitzvot and the parshah, Or Chaim Tuesday, April 30 10:20 AM R’ Baruch Weintraub, Parshah, Clanton Park 1:30 PM R’ Mordechai Torczyner, Daniel: Daniel’s Message 6:35 PM R’ Mordechai Torczyner, Daf Yomi, BAYT 8:30 PM R’ Baruch Weintraub, Rambam’s Laws of Kings, After minchah R’ Mordechai Torczyner, Gemara Avodah Shomrai Shabbos, men

Zarah: Kosher Wine, BAYT Wednesday, May 1

Sunday, April 28 10 AM R’ Mordechai Torczyner, Supernatural and 9:15 AM R’ Baruch Weintraub, Parshah, Zichron Yisroel, Superstition II, Week 4 of 8: The Golem II, BEBY Hebrew (Shacharit 8:30 AM) 8 PM Chabura Night at BAYT 10:00 AM Midreshet Yom Rishon, BAYT, women,  R’ Ezra Goldschmiedt: Path of the Just refreshments served  Hillel Horovitz: The Rambam’s Thought not this week  Rabbi Daniel Korobkin: Why do we have so much fun  R’ Mordechai Torczyner: Medical Halachah on Lag ba’Omer? 9 PM Chabura Night at Shaarei Shomayim  Mrs. Shira Lipner: Sharing the burden: Eternal Lessons of Lag ba’Omer Thursday, May 2 40 min. pre-minchah R’ Baruch Weintraub, Contemporary 8:30 PM R’ Baruch Weintraub, Sotah, Clanton Park

Halachah in Israel, Hebrew, Clanton Park, men SHABBAT MAY 3-4 8:30 PM R’ Baruch Weintraub, Contemporary Halachah in BAYT SHABBATON: JERUSALEM! Israel, Hebrew, 4 Tillingham Keep, mixed SHIURIM AND DERASHOT THROUGHOUT SHABBAT Monday, April 29 AND LUNCH WITH SHIUR THEATRE: 8 PM R’ Mordechai Torczyner, Medical Halachah with “CLAIMING JERUSALEM: ARABS VS. JEWS” CME, Treating Anxiety/Depression, Shaarei Shomayim $25 adults, $15 ages 3-12; RSVP [email protected] by 4/29 8 PM Monday Beit Midrash: Bnai Torah, Clanton Park Hillel Horovitz’s shiurim do not meet this week

4 We would like to thank koshertube.com for filming our shiurim! Visit us at www.torontotorah.com