S E P H A R D I C Family, Business, & Jewish Life Through the Prism of Halacha VOLUME 5779 • ISSUE XXIV • PARASHAT VAYIKRA • A PUBLICATION OF THE SEPHARDIC HALACHA CENTER thing from the Mete Midbar gets stuck. Rabba DIGGING returned the Tzitzit and the animals walked. When he told the story to the Hachamim, they and FOR DIN: rebuked him, saying that it had been unnec- May We Learn Halacha from essary to take a sample when a verbal report Archeology? would have sufficed. While the Mefarshim debate whether Rabba A Parasha & Halacha Shiur Summary, Parashat Bar Bar Hanna meant that these stories actu- Vayikra by Rabbi Ariel Ovadia TORAH AMID THE RUINS ally occurred (see, for example, Ritva ad loc.), it A JOYOUS FEAST would seem to be instructive nonetheless with The archeology world was recently excited by Eating Bread in the Se’udat Purim the discovery of a marked “Beka” (Mahatzit regard to the fundamental question of whether HaShekel) weight in a dig at the Kotel. Halachic conclusions can be derived from an- The Rambam writes that the obligation of A small stone bearing an inscription that cient finds. “Mishte” – a feast – on Purim is to eat meat and archeologists identified as the word “Beka”— R’ Hayim Kanievsky (Ta’ama DiKra, Parashat prepare a “proper Se’uda (meal)” according to written backwards—was unearthed in Kotel what one can afford and drink wine etc. The excavations at Robinson’s Arch five years Shelah, p. 130 in the 4th ed.), however, sees in ago. Nobody got excited at the time, because the fact that Rabba Bar Bar Hanna was prevent- expression “A proper Se’uda” would seem to nobody noticed. A volunteer in the Ir David ed Min HaShamayim from taking the Tzitzit, imply that one must eat bread as in all other wet sifting project in Emek Tzurim National and in the fact that it apparently didn’t occur Se’udot. The reason for this may be that Purim Park, sorting recently through that Kotel dirt, is called a Yom Tov (although the Gemara says found the artifact. to him to take the obvious step of counting the strings, that it is not the will of Hashem that we that regarding Melacha, Purim is clearly not a determine Halacha by means outside of Torah Yom Tov). According to the Rosh and others, The weight of a Shekel has contemporary like rummaging through antiquities. one must eat a meal with bread on Yom Tov. Halachic implications. To determine how Therefore, says the Rosh, if one forgets Ya’aleh much silver the father of a Bechor must give a In discussing the debate between Rashi and V’Yavo in Birkat HaMazon on Yom Tov, accord- Kohen for Pidyon HaBen, can we simply mul- Rabbenu Tam about the sequence of the ing to the Rosh, one must repeat it. tiply the weight of the found “Beka” stone by Parashiyot in the Tefillin, the Sma”g (Mitzvot This would be problematic, however, because ten to reach the required (BeMidbar 18:16) five Asse 22) adduces evidence for Rashi from Te- it would imply that on Purim, if one forgot to Shekalim? Can this find, and others like it, re- fillin that were found buried near the Kever of say Al HaNissim in Birkat HaMazon one would solve Halachic debates about Shiure HaMitz- Yehezkel HaNavi—a clear support for the Hala- vot – Mitzvah measurements? chic admissibility of archeological evidence. The (continued on page 2) D’risha (O.C. 34) rejects the proof on technical This question is addressed by the Gemara grounds: Perhaps the Tefillin were buried be- (Bava Batra 73b) in the Aggadot of Rabba Bar cause the Halacha follows Rabbenu Tam so Elevate your Inbox. Bar Hanna, who told of being led through the they were Pasul. The Ba”h rejects this argument Scan here to receive the weekly desert by an Arab merchant to see the Mete because the Tefillin could easily have been fixed email version of the Halacha Journal Midbar – the deceased generation of the des- rather than interred. spotlight ert. In order to resolve the disputes between Bet Hillel and Bet Shamai (Menahot 41b) re- The Ramban writes that he changed his mind garding the configuration of Tzitzit, Rabba about the weight of a Shekel—to side with Rashi (continued excised the corner of the Tallit from one of over the Rif—after being shown an ancient Shek- on back) the bodies to bring it to the Hachamim for el coin in Akko (Acre) with an inscription that lo- examination. Subsequently, Rabba’s animals cal Samaritans could read. were unable to walk, which the Arab explained In discussing this issue, many Poskim have was due to a tradition that one who takes any- pointed to problems with the evidentiary value OR SIGN UP AT BHHJ.ORG (continued on back) Don’t miss our upcoming Business Halacha Journal topic on Ribbit. Don’t yet receive it? Visit www.TheSHC.org, call us at 732.9300.SHC (742) or email [email protected] have a share in the government, to support The Rema apparently understands the Rosh to GENERAL these invaluable interests”? mean that the wealthy minority can actually Despite the fact that the Torah clearly antici- impose its will on the impecunious majority. HALACHA pates monarchy as the form of Jewish self-gov- The Sm”a, however, suggests that the Rosh ernment, we find in the Halachic literature of may merely mean that the majority of individ- ONE DOLLAR, ONE VOTE? medieval Ashkenaz an assumption that local uals cannot impose its will upon the wealthy The (Putative) Hegemony of the government should follow democratic norms. minority, but not that the latter faction is itself As the Maharam of Rottenberg rules: considered the majority. He additionally pro- “Billionaire Class” poses that the desires of the two factions are All the householders who pay taxes shall be By: Rav Yitzhak Grossman, Dayan at the Bet HaVaad given equal weight, and they must negotiate assembled, and they shall accept upon them- a modus vivendi. The Maharit, too, vehement- selves under penalty of anathema (“Beracha”) ly rejects the idea that a wealthy minority can that everyone shall express his opinion for the overrule the will of the majority. He under- sake of Heaven and for the good of the city, stands the Rosh to mean merely that those and they shall follow the majority, whether who do not pay taxes at all do not vote, but all to select leaders, to establish Hazanim, to in- those who do pay have an equal say in deci- stitute a charity fund, to appoint Gabai’m, to sion making. build or to demolish the synagogue, to add and detract, to purchase a wedding hall and “When you’re rich, they think you really know!” to build and demolish therein, to buy a bakery In addition to the foregoing Madisonian con- and to build and demolish therein. cern that if we were to “extend [the franchise] The bottom line is, any communal need shall equally to all”, then “the rights of property or The central theme of the presidential cam- be addressed at their direction, according to the claims of justice may be overruled by a paign of self-described “democratic socialist” whatever they say, and if the minority shall re- majority without property, or interested in Vermont Senator Bernie Sanders is a scathing fuse and stand in opposition, … the majority, or measures of injustice”, we find an additional denunciation of what he considers the out- whomever the majority shall appoint as lead- argument for giving the rich a greater voice rageous influence of money in politics: “This ers, have the power to compel and force them in governance than the masses: that their great nation and its government belong to all via either Jewish law or the law of the nations, views are inherently deserving of greater con- of the people, and not to a handful of billion- until they say “we desire [to comply]” ... sideration. The Maharashdam declares that aires”. His opponents, even those on the oppo- “Has V’Shalom” that we should always follow The Maharam apparently takes for granted site end of the political spectrum, are generally the majority, even against the elites (the “dis- that suffrage is limited to those “who pay tax- not bold or foolish enough to bluntly contra- tinguished”, “respected” and “rich” - i.e., the es”; his student, the Rosh, propounds a similar dict him and declare, as the Founding Fathers proverbial one percent): this would be unfair view, at least in the context of financial mat- sometimes did, that “those who own the coun- (lakta middat ha’din) and a violation of the ters: try ought to govern it”. What is the Torah’s view principle that “Her ways are ways of pleasant- of the matter? Does it accept the modern prin- A community that institutes an anathema ness”. He explains that “five or ten important ciple of “one man, one vote”, or does it accept (“Herem”), if it is in the context of financial af- men are equivalent to a thousand, wheth- the concerns of the Father of the Constitution fairs, we follow the majority of wealth … and it er [their importance derives] from wisdom that “[I]f elections were open to all classes of cannot be that the majority of individuals who or from wealth, for wealth is near the virtue pay the minority of the taxes shall decree an people, the property of the landed proprietors of wisdom, as it is written ‘b’tzel ha’hochma anathema on the wealthy according to their would be insecure … Landholders ought to b’tzel ha’kesef’”.