בס“ד Parshat Ki Tisa 18 Adar I, 5776/February 27, 2016 Vol. 7 Num. 25 לע“נ נחום אליעזר בן יוסף הכהן ז“ל This issue is sponsored by Miriam and Moishe Kesten in memory of Larry Roth, who was so dedicated to Torah MiTzion “Violate one Shabbat” Rabbi Jonathan Ziring “V’shamru B’nei Yisrael et haShabbat, most dangerous principles in all of the mitzvah, and we are hurting Reuven to la’asot et haShabbat l’dorotam brit Torah, the rule that rabbis are protect other Jews from sinning. To use olam – And the Children of Israel shall empowered to preserve the integrity of Rambam’s parable, why may we guard the Sabbath, to make the the Halachic system by temporarily amputate Reuven’s arm to save Sabbath for all their generations an suspending a biblical law, the Rambam Shimon’s leg? eternal covenant.” (Sh’mot 31:16) (Hilchot Mamrim 2:4) invokes the principle of “Violate one Shabbat.” Just The Radbaz explains that the Rambam The Talmud (Yoma 85b) offers this as it is legitimate to protect Shabbat in must be assuming that 1) the Jewish verse as one of the sources for the rule the long run by allowing someone to nation is like one body, and 2) all of that if necessary, one may violate desecrate Shabbat to save his life, it is Torah is connected. Thus, when we Shabbat to save a life. “Violate one legitimate to temporarily suspend decide how to protect Torah, we can Shabbat so that he will keep many almost any of the Torah’s laws (besides make global decisions: weighing the Shabbatot.” Whether this is derived for idol worship) if that will allow Torah benefit to all Jews and all mitzvot from the word “haShabbat” (that it is to continue. To clarify, Rambam against each other. Returning to our more important to maintain Shabbat, compares this terrifying situation to an verse: the focus is not just the one Jew as an entity, than to ensure a single amputation: just as we sometimes must whose life is in danger on Shabbat. It is Shabbat is kept at the cost of human cut off someone’s arm to save his life, so that B’nei Yisrael, all members of the life), or the desire for Shabbat to last too we must sometimes suspend a Torah, should be able to keep not just “for all their generations” (Or mitzvah to save the Torah. As an Shabbat, but everything that is included HaChaim), the import is the same. At example, the Rambam notes that if a in the covenant that Shabbat represents least when it comes to Shabbat, we are particular mitzvah is being neglected, (brit olam). instructed to not only look at our the rabbis can use extrajudicial actions narrowly, but to take the punishment against one who violates it While opportunities to invoke this bigger picture into account. It is better in order to make a public statement, principle are rare, the foundations it is from the perspective of Shabbat for a perhaps lashing him when it is not built on are eternally relevant. When we single Shabbat to be desecrated than technically mandated. This is despite keep Torah, we must recognize that we to lose the valuable life of a Jew who the fact that hitting someone is are responsible not only for ourselves, will guard the message of Shabbat for biblically prohibited. but for all Jews. The notion of mutual a lifetime. responsibility, arevut, indicates that at The Radbaz (ibid) notes, however, that some level we are all one organic unit. While the Talmud concludes by expanding this principle from Shabbat Furthermore, we must not lose the deriving the rule of pikuach nefesh as Rambam does requires two forest for the trees, allowing a single from the verse “vachai bahem – you assumptions that are not immediately mitzvah to overshadow all others. We shall live by them” (Vayikra 18:5), clear from the original principle must live religious lives that ensure the many commentators believe that the propounded by the Talmud. In the case beauty of the entire system is “Violate one Shabbat” derivation is of Shabbat, we authorize violating expressed. Our covenant with G-d maintained as law as well (see for Shabbat so that the same person whose demands no less. example, Ramban, Torat Ha’Adam, life would be saved could keep Shabbat Shaar HaMeichush). More striking, in the future. Thus, the calculus is [email protected] however, is the position of Rambam. In simple – do we want one Shabbat kept “Violate one Shabbat” he sees not only by Reuven, or many Shabbatot? a dispensation/obligation to save a life However, the question of extrajudicial on Shabbat, but a guiding principle for punishment is different. We are how to approach Torah more generally. violating the prohibition to strike a Jew When attempting to explain one of the to make a point about some other OUR BEIT MIDRASH ROSH BEIT MIDRASH ABBI ORDECHAI ORCZYNER R M T SGAN ROSH BEIT MIDRASH RABBI JONATHAN ZIRING AVREICHIM ABBI AVID LY RUNDLAND ABBI ISROEL EIR OSENZWEIG R D E G , R Y M R CHAVERIM DAR BARUCHIM, YEHUDA EKLOVE, URI FRISCHMAN, DANIEL GEMARA, MICHAEL IHILCHIK, RYAN JENAH, SHIMMY JESIN, CHEZKY MECKLER, ZACK MINCER, JOSH PHILLIP, JACOB POSLUNS, SHAI REEF, ARYEH ROSEN, SHLOMO SABOVICH, EZRA SCHWARTZ, ARIEL SHIELDS, DAVID SUTTNER, DAVID TOBIS, EYTAN WEISZ We are grateful to Continental Press 905-660-0311 Book Review: False Facts and True Rumors Rabbi Yisroel Meir Rosenzweig False Facts and True Rumors: Lashon Rabbi Feldman makes note of this The Application – In discussing HaRa in Contemporary Culture critique in the opening chapter of practical situations, Rabbi Feldman Rabbi Daniel Z. Feldman False Facts and True Rumors, and strives to maintain a balanced Maggid Books, 2015 makes clear that his goal is to balance approach between the divergent the mussar-based outlook on lashon views on how the prohibition About the author hara and the halachah-based outlook: against lashon hara is categorized – Rabbi Daniel Z. Feldman received his “[T]he Hafetz Hayim’s works represent mussar or halachah - and how these rabbinical ordination [Yoreh Yoreh, a crucial step in the communal differences would impact real-life Yadin Yadin] from Rabbi Isaac discussion, establishing that this area, contexts. For example, he begins by Elchanan Theological Seminary, and is so often perceived as outside the arena analyzing the justification of currently a Rosh Yeshiva at of conventional halakha, is in fact a speaking lashon hara l’toelet, for a RIETS. He is the author of several deeply mandatory and regulated realm particular benefit. According to books in Hebrew and English. treated as such by the Torah, the t h e m u s s a r - b a s e d The goal and structure of the book Talmud, and great medieval halakhic understanding, l a s h o n There can be no disputing the deep codifiers…” Rabbi Feldman argues that hara l’toelet may not be forbidden, influence that Rabbi Yisrael Meir Kagan this belief, “[N]eed not ignore the but mandated instead! In contrast, has had upon the Jewish world, complexities raised by the objectors. It the halachah-based view maintains particularly through his Sefer Chofetz may, though, necessitate a different that lashon hara l’to’elet is an Chaim. Before its publication, a concise approach of halakhic discussion…” allowance for something that is still but thorough presentation of the laws of fundamentally prohibited. To accomplish this balance, Rabbi lashon hara didn’t exist. Quite simply, Feldman delineates two basic A must read Sefer Chofetz Chaim is the halachic approaches to lashon hara: While the Jewish community of 2016 guidebook to lashon hara. The Theory – After providing the has access to a plethora of derivations It may surprise some that the Chofetz core sources from which the concept of and commentaries on Sefer Chofetz Chaim’s approach to lashon hara has and prohibitions of lashon hara are Chaim, Rabbi Feldman’s False Facts garnered criticism. Professor Benjamin derived, Rabbi Feldman delves into and True Rumors stands unique. His Brown contends that Sefer Chofetz various perspectives on how lashon acceptance and balancing of both the Chaim represents “[T]he peak of a hara has a deep impact upon Chofetz Chaim’s work and that of its process in which libel was transformed individuals and society. Throughout, critics, allows for a nuanced approach from a principle-based domain into a halachic sources are woven together to the topic of lashon hara. Quite rule-based discipline…The Hafetz with recent writings on issues such simply, it is a must read. Hayim’s literary enterprise in this as reputation, fallibility of memory, branch should therefore be considered confirmation bias, and many other [email protected] as the halakhization of mussar…” pertinent concepts. 613 Mitzvot: 493: Monumentally Inappropriate Rabbi Mordechai Torczyner Yaakov established stone monuments, or matzeivot, at the An altar is made of many stones; it is a human structure, sites where he worshipped G-d; examples are found in representing the yoking of human action to service of G-d… Bereishit 28:18 at the site of his dream of a ladder, and Before the Torah was given, there was a need to impress Bereishit 35:14 at the site where Hashem changed his name upon the human mind the knowledge that only G-d reigns to Yisrael. However, as the Jews prepared to cross the Yarden over nature and in history… But when the Torah was given, River and enter Canaan, Moshe told them, “You shall not not only was the matzeivah rejected in favour of the altar, erect for yourselves a matzeivah, which G-d but the matzeivah became sinful.