806 g"qyz 'a xc` a"k. rxÿvn zyxt zay. FRI SHABBAT, April OUR NEXT. ...m rßl i l m zi ißd e mæ ki z á ` l i Y z p x W ` u x ` A m Yßa Wi e

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1 OUR NEXT rxÿvn zyxt zay FRI SHABBAT, April Or special Shabbat gest: Rabbi Sholom Gold ALMOST FULL DON'T BE CLOSED OUT! Call Ita Rochel This Shabbat is the 199th day (of 383), 29th Shabbat (of 55) of 5768 gk:el l`wfgi dxt March zyxt...m rßl i l m zi ißd e mæ ki z á ` l i Y z p x W ` x ` A m Yßa Wi e Correct for TT 806 Rabbein Tam (J'm) 8:10pm 6:20 (5:39) Yershalayim 7:34pm 6:38 (5:41) S'derot 7:36pm 6:38 (5:39) Gsh Etzion 7:34pm 6:37 (5:40) Raanana 7:35pm 6:36 (5:40) Beit Shemesh 7:35pm 6:37 (5:41) Rehovot 7:35pm 6:37 (5:40) Netanya 7:36pm 6:35 (5:40) Be'er Sheva 7:35pm 6:36 (5:40) Modi'in 7:35pm 6:20 (5:40) Petach Tikva 7:35pm 6:20 (5:39)Maale Admim 7:34pm 6:36 (5:39)Ginot Shomron 7:34pm 6:36 (5:39) K4 & Hevron 7:34pm 6:36 (5:39) Giv'at Ze'ev 7:34pm 6:25 (5:38) Tzfat 7:34pm 806 g"qyz 'a xc` a"k ipiny "To jxtapose Gela to Gela" That's the official reason for moving Prim into the second Adar (or having Prim in the second Adar the difference between these two similar ways of saying it depends pon which Adar is considered the "real" one and which is the added month). The Gela story of Prim shold be linked to the Gela story of the Exods and to Pesach, with always exactly one month between them. Fll Moon it's Prim. At the next Fll Moon, it's Pesach. (Reminds one of how the Indians oops, Native Americans sed to talk.) Y'tzi'at Mitzrayim occrred in the year 2448 from Creation. Shortly before we received the Torah. Prim happened 957 years later, in 3405 (total side point: there are 3045 words in Megilat Esther), at the time of the closing of the Tanach, and on the occasion of another phase of Receiving the Torah (KIY'MU MA SHEKIBLU). - Shabbat Afternoon Shir This week 5:00pm (Mincha 6:00pm) Rabbi Yaakov Moshe Popko in the Wolinetz Family Shl at the Israel Center e"dl Perhaps a message and lesson of prposely having Pesach Smmer Time, a.k.a. Daylight Savings Time, begins in Israel early Friday morning when the minte after 1:59am becomes 3:00am. SPRING AHEAD! cont. p.10 0 f 1 f Tel: (02) US toll free: res@traveldealisrael.com

2 Orthodox Union OU Kashrt NCSY Jewish Action NJCD / Yachad / Or Way Kharkov Synagoge Spport Services IPA OURadio.org Yong Leadership Project Areivim OU West Coast Stephen Savitsky, President, Orthodox Union Harvey Blitz, Chairman of the Board, Orthodox Union Rabbi Dr. Tzvi Hersh Weinreb, Exec. Vice President, OU Eliezer Edelman, Exec. Dir. Operations and Management Headqarters: 11 Broadway, New York, NY website: Prodced, printed*, collated, and folded in hose Phil Chernofsky (02) tt@oisrael.org Advertising: Ita Rochel ttads@oisrael.org (02) TT Distribtion ttdist@oisrael.org OU Israel and Torah Tidbits do not endorse the political or halachic positions of its editor, colmnists, or advertisers, nor garantee the qality of advertised services or prodcts. Nor do we endorse the kashrt of hotels, restarants, caterers or food prodcts that are advertised in TT (except, of corse, those nder OU Israel hashgacha). We recommend that readers check with the advertisers themselves to clarify kashrt and shmita details of their services and prodcts. Ranges are 10 days, WED FRI Adar a March 26 April 4 Smmer Time ntil Fri. morning, sbtract 1 hr. Earliest Talit & T'filin 5:45 5:33am Snrise 6:36 6:24am Sof Z'man K' Sh'ma 9:40 9:33am (Magen Avraham: 8:54 8:47am) Sof Z'man T'fila 10:41 10:36am (Magen Avraham: 10:11 10:05am) Chatzot (halachic noon) Mincha Gedola (earliest Mincha) Plag Mincha 12:45 12:42pm 1:16 1:14pm 5:37½ 5:42pm Snset 6:59 7:05pm (based on sea level: 6:54 7:00pm) Word of the Month Sh'kalim and HaChodesh are fixed based on Rosh Chodesh (Adar or Nissan). Zachor is fixed based on Prim. PARA is always the Shabbat before HaChodesh. This reslts in there OU ISRAEL Seymor J. Abrams Orthodox Union Jersalem World Center OU Israel Center programs Makom BaLev Lev Yehdi Pearl & Harold M. Jacobs ZULA Center Machon Maayan NESTO Beit Kharkov OU Israel Commnities OU Kashrt in Israel... Yitzchak Fnd, President, OU Israel Rabbi Emanel Qint, Senior Vice President Prof. Meni Koslowsky, Vice President Rabbi Dovid Cohen, Vaad member Start Hershkowitz, Vaad member Moshe Kempinski, Vaad member Sandy Kestenbam, Vaad member Zvi Sand, Vaad member Harvey Wolinetz, Vaad member Rabbi Avi Berman, Director General, OU Israel Menachem Persoff, Director of Programs, Israel Center Phil Chernofsky, Edcational Director and TT editor 22 Keren HaYesod POB Jersalem phone: (02) fax: (02) office@oisrael.org website: Torah Tidbits and many of the projects of OU Israel are assisted by grants from The Jewish Agency for Israel 2 ffonders and initial benefactors of the Israel Center: George z"l and Ilse Falk p.3 Page Zero of Torah Tidbits 806 Lead Tidbit cont. from page 1 (above) follow Prim is to let s ponder their common factors and draw messages from them both. The Torah commands s to celebrate the Exods even thogh it wasn't a "and they lived happily ever after" kind of experience. In fact, tradition tells s that only 20% of the total poplation of Jews in Egypt came ot. And their behavior in the Midbar was lacking, to say the least. Bt partial redemptions are cases for celebration too. Prim tells s the same thing. We were in exile. We contined to be in exile. Bt we still have mch to celebrate. Now let's take these thoghts a serios step frther. What prevented (or is delaying) the happy ending to Y'tzi'at Mitzrayim? The Golden Calf. The sin of the spies. And a shamefl list of other incidents that displayed lack of faith and trst in G d. We can do something abot that. Where was the enthsiastic mass retrn to Eretz Yisrael following the miracles of Prim? The events of Pesach and Prim shold have reslted in an appreciative nation that wold finally remain faithfl to G d and become the holy nation He wants s to be. They still can. It is p to s to bring abot the Complete Gela by learning the lessons of Jewish History and meriting no more delay. WORD of the MONTH cont. from p.2 A weekly TT featre to help clarify practical and conceptal aspects of the Jewish Calendar, thereby enhancing or appreciation of G d's gift to s of HaChodesh HaZeh Lachem... sometimes being a free Shabbat (known as a HAFSAKA) between Sh'kalim and Zachor, and sometimes not. Sometimes there is a HAFSAKA between Zachor and Para, and sometimes not. Bt never is there a HAFSAKA between Para and 5th Annal OU Israel Yom Yershalayim Dinner Snday evening Eve of 28 Iyar 5768 Jne 1st, '08 at the Jersalem Great Synagoge 3 f

3 HaChodesh. It cannot happen becase of the "rle" of Para. It is the Shabbat before HaChodesh. Period. Sometimes there are two HAFSAKOT; sally there is one. Never is there none. This year's HAFSAKA between Zachor and Para was filled in Jersalem by Shgabbat Prim. Which gives s the nsal sitation of reading from mltiple Sifrei Torah on five consective Shabbatot. Aside from this sitation, three is the largest nmber of consective Shabbatot with more than one Torah on each Shabbat. This Shabbat, 22 Adar Bet, is the 100th yahrzeit of R' Yechiel Michel HaLevi Epstein z"l, the oglyd jexr. Sh'mini STATS 26th of 54 sedras; 3rd of 10 in Vayikra Written on lines in a Sefer Torah, rank: 42 6 Parshiyot; 3 open, 3 closed 91 p'skim ranks 41st (4th in Vayikra) 1238 words 41st (5th in Vayikra) 4670 letters 41st (5th in Vayikra) tied with Chkat, more p'skim, fewer words MITZVOT 17 mitzvot of the 613; 6 positive; 11 prohibitions Aliya by Aliya Sedra Smmary [P> X:Y (Z)] and [S> X:Y (Z)] indicate start of a parsha p tcha or s tma respectively. X:Y is Perek:Pask of the beginning of the parsha; (Z) is the nmber of p'skim in the parsha. Nmbers in [sqare brackets] are the Mitzva cont of Sefer HaChinch AND Rambam s Sefer HaMitzvot. A=ASEI (positive mitzva); L=LAV (prohibition). X:Y is the perek and pask from which the mitzva comes. 4 f Kohen First Aliya 16 p'skim 9:1 16 [S> 9:1 (31)] On the 8th day, Aharon was commanded to offer the first set of sacrifices (not conting the korbanot that were broght dring the previos preparatory week). Specifically, "personal" korbanot an EIGEL (calf) as a CHATAT and an AYIL (ram) as an OLAH. Then the People offer a goat as a CHATAT and a calf and a lamb as OLOT. Then a bll and ram as SH'LAMIM. Ponder this... It is obvios that the CHATAT of a calf is an atonement for the Sin of the Golden Calf and/or an indication that G d has forgiven the people for the Golden Calf. In one context the Golden Calf was called "the calf that Aharon made". Therefore, the calf on the Eighth Day is his CHATAT. The calf of the people is an OLAH, rather than a CHATAT. OLAH is broght for thoghts of certain sins; CHATAT is for acts. Those of Bnei Yisrael who DID whatever we will call it, the EIGEL, were killed. The rest of s were "gilty" of indecision, fence sitting, confsion "sins" of thoght. Or calf was an Olah. Aharon's OLAH was a ram, reminding s of Akeidat Yitzchak. No sin associated with that. (Olah is not always abot sin.) Or CHATAT was a goat, reminding s of or former collective sin of the selling of Yosef and deception of Yaakov with the help of goat s blood. The Kohen Gadol removes his gold garments before entering the Holy of Holies on Yom Kippr, becase the "accser does not become the defender". Why then wold we not make the same argment against Aharon's offering of a calf as a Korban? Rashi indicates that the sper sensitivity involved here applies inside the Mikdash, bt not otside (at the Altar). Here's a general answer to this qestion and others. Horns from the bovine family of animals are not acceptable as a Shofar. On the other hand, look at these korbanot. And the fact that the Para Adma is considered an atonement for the Golden Calf. The K.G. didn't enter "inward" with gold, bt what greeted him inside was an ARON plated with gold, gold rings, gold covered poles, a solid gold lid, and K'RUVIM of gold. Bottom line: If G d commands s to se gold, we se it. If He says no, we don't. Calf, cow, yes, no. Fine with s. Yes AND no, jst as G d commands. Apply yor own logic and do what yo decide is best WRONG. Not p to s. Halacha tells s what is appropriate. Carrying this a step frther into the realm of MASHAL analogy. Pictre this: A nine year old boy is left home alone while his parents go ot 5 f shopping. They retrn an hor later to find ot how their son spent his time in their absence. He was bsy with his new box of 128 Crayola crayons (the box with the bilt in crayon sharpener), drawing beatifl colorfl pictres... all over the kitchen's white walls. After yelling at the kid, making him clean the walls, and gronding him ntil his 30th birthday, the parents do two, seemingly contradictory things. First, they confiscate his crayons if this is what yo do with them, yo shall noit have them! And then, the next afternoon, they sit the boy down at the kitchen table, give him several sheets of paper and retrn his crayons top him. Bt not for his own se. He is to se his crayons to draw some nice, colorfl pictres which they will all take over to the children's ward of the local hospital and brighten p the room with them. Shold the boy have sed his crayons to write an apology to his parents for his misdeed? No. Better se a pen or a pencil. The crayons are too sensitive. They are associated with his "sin". Bt, at his parents' "command", he ses those very same crayons to effect a TIKUN on what he had done wrong. So too, gold no and gold yes. Cow horn no, and calf/cow offerings yes. And, similarly and most recently eating and drinking, no on Taanit Esther, to atone for and effect a TIKUN of the improper, inappropriate eating and drinking at Achashveirosh's parties. AND, eating and drinking, YES, even to excess, on Prim day, for the same atonement and the same TIKUN. Fasting when reqired AND eating/drinking for the

4 sake of Heaven, and L'SHEIM MITZ VA, are both the proper thing to do. Levi Second Aliya 7 p'skim 9:17 23 The Torah contines the details of the opening set of sacrifices, the accompanying Mincha, the Sh'lamim, what parts go on the Mizbei'ach. This short Aliya concldes with Aharon raising his hand(s) to the people and blessing them. The Torah spelled YADAV, his hands, withot the second YUD, making the word resemble YADO, his hand. From here comes the tradition of the kohanim holding their two hands together as one dring Birchat Kohanim. Baal HaTrim says that the three parts (3 p'skim) of Birchat Kohanim correspond to the three kinds of korbanot that Aharon broght on this first day of official fnctioning of the Mishkan. May G d bless yo and protect yo... from sin (CHATAT), the second pask ses words that tie in with OLAH, and the SHALOM of the final pask corresponds to SH'LAMIM. Shlishi Third Aliya 12 p'skim 9:24 10:11 A Divine Fire descended and consmed everything on the Mizbei' ach. The people reacted to this miracle with praise to G d and reverence for Him. Then Nadav and Avih, two sons of 6 f Aharon (who had been assisting Aharon), took censers with fire and offered incense before G d. The fire was their own, not that of the Mizbei ach. A Divine Fire strck them dead, consming them from within, leaving them otwardly nmarked. Moshe's words of consolation to Aharon are met with Aharon's silence. Moshe calls two cosins, Misha'el and Eltzafan, sons of Uziel, to remove the bodies. (That Aharon wold not be allowed to become TAMEI to his sons is known from the rles of Kohein Gadol. Bt neither were Elazar and Itamar allowed to tend to the bodies. Althogh neither was a kohein gadol, they had been anointed to the k'hna which gave them the stats of KG. Hence, the cosins, who were Leviyim had to be called.) [According to the opinion that the 8th day refers to the 8th day of Nissan, it was Misha'el and Eltzafan who were on their seventh day of rital imprity from contact to the bodies of Nadav and Avih, who were the ones who "complained" to Moshe abot not being able to participate in Korban Pesach (the first annal one). They were "rewarded" with the parsha of Pesach Sheini, set down in the Torah in the context of their story. According to the other opinion, the people who said LAMA NIGARA were others that were TAMEI.] (Almost in reaction to the tragedy,) the Torah next sets down several rles (mitzvot) for kohanim, to save them from endangering their lives. Kohanim may not enter the Mikdash with long hair (a monthly trim was reqired) [149,L163 10:6], nor with torn garments [150,L164 10:6]. They may not leave the Mikdash while performing their sacred work [151, L165 10:7]. [P> 10:8 (4)] Frthermore, kohanim may not enter the Mikdash while nder the inflence of wine [152,L73 10:8]. Violations of any of the above wold be a show of disrespect to G d. [Some commentators infer from this last prohibition that Nadav and Avih had drnk wine before they entered the Mishkan. Others offer different reasons for their deaths.] MitzvaWatch With Mitzva #152, we have an example (there are others) of a mitzva that has a specific context and application from the Torah, bt the scope of the mitzva is mch wider. The Written Word forbids a Kohen from doing sacred service while having recently drnk wine. Sefer HaChinch gives a second definition for mitzva, based on the Oral Law. Namely, a halachic athority may not render a decision (psak) while nder the inflence of alcohol. (It seems that this prohibition does not apply to divrei Torah and the like only to halachic decisions.) This prohibition is NOT a case of Rabbinic extension of the scope of Torah Law (there are plenty examples of that); it is part of the Oral Law on the D Oraita level. It is interesting to note that the Sefer HaChinch, whose final paragraph of each Mitzva presents its applicability who, when, and 7 f where, says that this mitzva [152] applies to men and women in the time of the Beit HaMikdash, that is for the first part of the mitzva. As to the second application of the mitzva, this, says the Chinch, applies in all times and all places, to men AND women who are qalified to render halachic decisions. Noteworthy is that the Chinch, approx. 800 years ago, acknowledged the permissibility of a woman being qalified to poskin halacha. We have yet to catch p to him, bt there is progress in that direction. Two of the other "traditions" as to what Nadav and Avih did wrong are that they decided a point of halacha on their own, in the presence of their "rebbi" (Moshe Rabein), and that they did not conslt with anyone in this halachic matter. It behooves s to learn a serios, sobering lesson (among others) from all of the possible flaws in the actions of Nadav and Avih. One mst be carefl when it comes to deciding the correct halacha for oneself and his family. Conslting a Rav is an excellent "habit to get into. R'vi'i Forth Aliya 4 p'skim 10:12 15 [P> 10:12 (9)] Moshe next commands Aharon, Elazar, and Itamar to eat the Minachot and parts of the varios offerings of the day. (Some was to be eaten only by them, in the area of the Mishkan; other parts cold be taken home and shared with their families.) This was an nsal command, since generally, kohanim who have sffered a close loss wold

5 not eat of the sacred foods on the day of the brial. Nonetheless, Moshe tells them that he was ths commanded to tell them. Chamishi Fifth Aliya 5 p'skim 10:16 20 When Moshe realizes that the CHATA OT (sin offerings) were brned, he gets angry with Elazar and Itamar (and Aharon, says Rashi, bt to avoid a brother brother confrontation and shaming Aharon, Moshe addresses his nephews) for not eating of the korbanot, as they were instrcted to do. Aharon defends his sons' behavior by explaining that the loss of their brothers wold make a "bsiness as sal" attitde nacceptable in G d's eyes. Moshe accepts Aharon's words. Shishi Sixth Aliya 32 p'skim 11:1 32 [P> 11:1 (28)] Two and a half sedras devoted to sacred meat (i.e. korbanot), and now we have the presentation of the animals we may and may not eat. There is a "neat" parallel among the beginning of the book of Vayikra, the story of No'ach immediately after the Flood, and the first Order of Mishna. Or antedilvian (before the Flood) predecessors were not permitted to eat meat. Only No'ach AFTER offering Korbanot of the kosher animals on the Teiva (Ark) to G d was given permission to eat meat, provided that the animal be dead first, before taking its meat. In other 8 f words, sing animals for sacred prposes then allowed personal, profane se. That's what we find in Vayikra. Two and a half sedras of Korbanot FOLLOWED by "these are the animals yo may eat..." And this is what we find in Mishna. Seder Kodashim (5th of the 6 orders of the Mishna), begins with Masechet Z'vachim which deals with animal sacrifices, then Masechet M'nachot offerings from the plant world (olive oil, flor, wine...), and then and only then, Masechet Chllin with the laws of rital slaghter, meat in milk, and varios other mitzvot relating to the "seclar" se of animals. There is a positive mitzva to check the signs of kashrt of a mammal to determine its kashrt stats [153, A149 11:2]. It is forbidden to eat of animals that lack one of the signs of kashrt (split hoof and cd chewing), and of corse, those that lack both] [154,L172 11:4]. The Torah names three animals that chew their cd bt do not have split hooves the camel, shafan, arnevet, and one that has a split hoof bt is not a rminent the pig. We may not eat their meat, and handling their carcasses renders one TAMEI, ritally nclean. Likewise, one is reqired to examine fish for scales and fins [155,A152 11:9]. It is forbidden to eat nonkosher fish [156, L172 11:11]. MitzvaWatch Think abot this: If the Torah only prohibited fish withot scales (for example) and not commanded s to examine the fish to see if it's kosher, we wold have to examine fish for scales to determine if they are kosher anyway. Why, then, is examining fish for its kosher signs a mitzva among the 248 positive members of the 613? The qestion, and the answer as well, is that there are some mitzvot that it was "nnecessary" for G d to command s; we wold do them anyway. However, "G d wanted to benefit Yisrael, therefore He heaps pon s Torah and Mitzvot". This is the mishna of Rabbi Chananya b. Akashya at the end of Makot, the one borrowed for the end of each chapter of Pirkei Avot. There are other ways to look at this isse. The positive mitzvot and prohibitions of kashrt interact as in the following example: A gy goes down to the lake to fish. He catches some fish, cleans them, fries them p on his camping gear, and enjoys a delicios fresh fish dinner. A friend of his then comes by for a shmooze. When he tells the friend abot his dinner, the friend asks him abot the fish what kind was it? Was it kosher? The gy says oops, I don't really know. He rmmages throgh is trash bag and finds the fish's skin. To his relief, that there are scales and fins and that the fish was indeed kosher.no violation, of corse, of the prohibition of eating non kosher fish, bt a violation (non flfillment) of the positive command to check for the signs of kashrt. And that is a Torah "violation" (or, at least, non flfillment). Similarly, a person goes into a restarant for dinner and has a 9 f delicios meal. On his way ot, he meets someone who asks him if the restarant is kosher. He embarrassingly admits that he assmed it was bt didn't check for a certificate of kashrt when he went in. He looks arond and discovers to his relief that in fact the restarant has a reliable hashgacha. He wold be in no violation of the prohibitions, bt he wold be in non flfillment of the (spirit of the) positive mitzva to check for signs of kashrt. This might not be on a Torah level, bt the concept is the same. So too for new candy bars and other food prodcts. One mst read the labels careflly, and if necessary, investigate the reliability of the hashgacha, if it is nfamiliar to him. With birds, the Torah lists 20 kinds of birds (not species, families, gens, etc. bt kinds) that are not kosher [157,L174 11:13]. All the rest of the birds are kosher. How do know if a particlar bird is in one of the forbidden families or not? Usally, the answer is TRADITION. We eat chicken etc. becase we have an nbroken tradition. See PP explanations (p.16) for more details. Finally, the Torah specifies for types (8 families) of locst that we may eat. Checking their identities is a mitzva [158,A151 11:21]. All other insects are not permitted to s. We have lost the ability of identifying kosher locst, so we don't eat any of them. [Some Yemenites have the necessary traditions to identify the kosher varieties. As to whether they eat locst or not, ask yor Yemenite friends.]

6 [S> 11:29 (10)] Next the Torah deals with the rital imprity of creeping things [159, A97 11:21]. Sh'vi'i Seventh Aliya 15 p'skim 11:33 47 Minding the laws of "prity" of food and drink is a mitzva [160,A98 11:34]. (It is one of the details of these laws that "reqires" s to wash for karpas at the Seder table, and in general before wet food, all the time.) [S> 11:39 (9)] Once again, the Torah presents the rles of the carcass of animals and the reslting rital imprity from contact of varios types [161,A96 11:39]. The Torah reiterates the prohibition of eating "creepy things" [162,L176 11:41], as well as worms and insects that infest frits and vegetables [163,L178 11:41], seafood and other life forms that inhabit the water [164,L179 11:43], and maggots that develop in rotting food material [165,L177 11:44]. All of the above is meant to elevate the Jew's sol to the sanctity that G d wanted s to attain. For s, there is a direct link between body and sol, the spirital and the mndane. The laws of kashrt bring the point home. Maftir second Torah 22 p skim; Bamidbar 19 Parshat Para is read on the Shabbat before Parshat HaChodesh which presents s with the mitzvot of Korban 10 f Pesach, becase the most common and important time for rital prification on the part of most of the people was arond the beginning of Nissan, as part of one's preparation to be in Jersalem for Pesach and to bring and eat K.P. Parshat Para from Parshat Chkat, contains to mitzvot of Para Adma that is, the preparing of the potion from the ashes of the Red Heifer, the general mitzva of the concept of rital limprity from contact with a corpse, and the mitzvas of prifying oneself with the Para Adma potion. Parshat PARA is considered by some to be a Torah reqirement, similar to Parshat Zachor. Haftara 23 p'skim Yechezkeil 36:16 38 S'faradim end 2 p skim earlier The Haftara takes the concept (from the Maftir) of an individal becoming TAMEI and reqiring prification with special water as an analogy for the people of Israel who defiled themselves with the sin of idolatry and other sins, and their (or) need for a prification process with "G d's spirital waters of the Torah". [In Va'eira, we find G d's promise to take s nto Him and then He will bring s to Eretz Yisrael, in the haftara, the order is switched.] The last p'skim refer to a mltitde of sheep for sacrifices... This is a reminder of the large nmber of sheep broght to Yershalayim for KP. THE JERUSALEM INSTITUTE OF JEWISH LAW Rabbi Emanel Qint, Dean Lesson #420 Laws of Injries to Neighbors We recently had a case presented to or Beit Din regarding neighbors and easements, which we did not take since I knew one of the parties very well and the other side asked me to stay on the Beit Din in spite of this. I decided not to do so. I recommended a rabbi who was familiar with these laws to take the case which he said he wold. We shall begin this lesson with a discssion of easements over a neighbor s land. Reven and Shimon are neighbors, each owning a parcel of land next to the parcel of the another owner. Reven wants to bild an addition to the strctre on his own land, bt a beam or spar that will be sed in the constrction of the addition will protrde over Shimon s vacant land. Shimon may, by order of the Beit Din, prevent Reven from extending his spar even mintely over the airspace of Shimon s land. Shimon may so prevent him becase it interferes with Shimon s privacy when Reven ses the spar. It is assmed that Reven will se the spar to hang things thereon, and when he does so he will almost instinctively gaze pon Shimon s land and there is ths an invasion of Shimon s privacy. Assme that Reven did pt p sch a spar and he is ordered by Beit Din to remove it. Until he does he may not se it, bt Shimon may se it since it is on Shimon s land. The reasons given why Reven may not se the airspace of Shimon are that there may be overviewing, a serios tort; and also there may a deprivation of Shimon to be able to avail himself of the se of that part of his own land since Reven has already placed his 11 f spar there. Jst as Shimon can prevent Reven from extending Reven s spar over Shimon s airspace, Shimon can prevent Reven from inserting a spar or even a small nail into Shimon s wall, which is at the edge of Shimon s bondary line. Althogh Reven will not be gilty of overviewing if he inserts his spar into Shimon s wall, and will not be prohibiting Shimon the se of the wall (since Shimon cold not bild nder Reven s spar in any case since he does not own the space nder Reven s spar), Shimon can plead that the spar inserted into the wall weakens the strctre of the wall. Reven can, however, extend a spar jst short of Shimon s wall as long as it is on his own property and there is no danger of overviewing. Since one of the reasons for enjoining Reven from overhanging his spar over Shimon s airspace is that Reven may overview Shimon s activities on his land, if Reven is already overviewing Shimon s land this tort and this reason wold not be applicable. Ths if Reven already has window openings toward Shimon s land and Reven is already legally overviewing Shimon s land, then Reven may extend his spar ot of the bilding on his own land within his bondary even if its se wold enable Reven to overlook Shimon s land. Reven may have acqired a presmption to maintain doors or windows facing Shimon s land. Reven may have prchased the hose from Shimon who bilt it with windows that were then facing his own land. Or Reven and Shimon might have been partners and divided the land with the nderstanding that each

7 wold be permitted to open a certain nmber of windows and doors facing their mtal cortyards or divided cortyards. Assme that Reven has a tile roof that reqires spars to be extended beyond the roof to keep the tiles in place and the spar and perhaps even the eaves extend somewhat into Shimon s airspace. Reven has these eaves so that when rainwater or snow falls from the sloped roof it will not fall against the wall of his own hose and damage it. Reven may keep his spars and eaves there withot obtaining a presmption to continally maintain these spars and eaves. Whenever Shimon wants to bild in the space occpied by theses spars and eaves, he may demand that Reven remove the spars and eaves. Crrently in most commnities there are laws reqiring a person who bilds a hose to bild it far enogh away from the bondary line so that his spars and eaves do not extend beyond his bondary line onto his neighbor s land. Shimon can prevent Reven from placing a gtter pipe or spot that will extend into Shimon s airspace or from placing a leader within Reven s own bondary on his own wall that will condct water onto Shimon s land. If Shimon does not protest any sch actions by Reven, Reven will acqire a presmption. Assming that Reven has acqired a presmption to keep his gtter pipe and/or his spot in the airspace above Shimon s land, Shimon may bild nder the gtter pipes or the spot, and Reven cannot complain that the constrction work on Shimon s strctre will damage the gtter pipe or the spot. Shimon may then have the water collected in a receptacle or in a pipe. Bt Shimon cannot insist that Reven change the location of the gtter pipe or spot or even shorten it, nless Beit Din decides that it 12 f will not case any harm to Reven to change the location or to shorten it. Assming that Reven has acqired a presmption to have his water flow from his roof to Shimon s roof. Shimon may raise the height of his roof. In doing so, however, he mst provide access for the flow of the water from Reven s roof onto Shimon s land and Shimon s roof and gtter pipes mst be recessed sfficiently so that they will not case water to flow onto Reven s land or roof. If Reven has acqired a presmption for the gtter pipe, spot or leader, he may not remove them or block them p withot the permission of Shimon. For jst as Reven obtained a presmption to maintain these pipes, so did Shimon simltaneosly obtain a presmption to have the water flow onto his land. If Reven does remove his pipes in sch instance, Shimon mst make an immediate protest and failing to do so, will be deemed to be his acqiescence to Reven removing his gtter pipe. This will also prevent Reven from once again placing a gtter pipe there based on the old presmption. If the wall on which the gtter pipes were resting collapses, whenever Reven rebilds the wall he may also replace his gtter pipe thereon in the same sitation as before. If Reven, dring the time that the wall is down, sees Shimon constrcting a strctre that will prevent Reven from placing his gtter pipes on a reconstrcted wall and Reven does not protest Shimon s actions, Reven has lost his right to thereafter place his gtter pipes when he reconstrcts the wall. However, If Reven removes the roof from his own hose, he may also remove the gtter pipes withot Shimon s permission. The sbject matter of this lesson is more flly discssed in A Restatement of Rabbinic Civil Law by E. Qint. Copies of all volmes can be prchased at local Jdaica bookstores. Qestions to qint@inter.net.il Dr. Meir Tamari's colmn does not appear this week MISC section contents: [1] Vebbe Rebbe [2] Candle by Day [3] From Aloh Naaleh [4] Wisdom and Wit [5] Parsha Points to Ponder [6] from Machon Pah [7] Portion from the Portion [8] Torah from Natre [9] MicroUlpan [10] Divrei Menachem [1] From the virtal desk of the OU VEBBE REBBE The Orthodox Union via its website fields qestions of all types in areas of kashrt, Jewish law and vales. Some of them are answered by Eretz Hemdah, the Institte for Advanced Jewish Stdies, Jersalem, headed by Rav Yosef Carmel and Rav Moshe Ehrenreich, fonded by HaRav Shal Yisraeli zt"l, to prepare rabbanim and dayanim to serve the National Religios commnity in Israel and abroad. Ask the Rabbi is a joint ventre of the OU, Yershalayim Network, Eretz Hemdah... and the Israel Center. The following is a Q&A from Eretz Hemdah... I am stdying to convert to Jdaism with an Orthodox rabbi. Q I know that tattoos are viewed negatively by my rabbi and others. People are naware that I have some (not obscene ones). I am concerned that when I will pt tefillin on, people will find ot. I have heard that people with tattoos are not be bried in a Jewish cemetery. Shold I jst not convert? Will rabbis accept me? 13 f We mstn t advise whether yo shold convert withot knowing A yo. However, tattoos shold not be a serios factor. While there is a Torah prohibition not to have tattoos done (Vayikra 19:28), this applies only to Jews. Therefore, people shold and a rabbi wold know that yo did nothing wrong and not cast aspersions on yor worthiness as a convert. Despite rmors to the contrary, even one who had a tattoo made as a Jew (in a forbidden manner) may be bried in a Jewish cemetery. There is not even a clear obligation to remove a tattoo, as the main isse is the agreement to have it pt in his flesh, not its existence (Bemareh Habazak V, 78). If it involves themes of paganism or obscenities, it is proper to keep it covered whenever possible (ibid.). That being said, we nderstand yor feelings and encorage yo to avoid sitations where yo will be embarrassed later. When living as a religios Jew, yor (visible) tattoos may make yo stick ot in a negative way. While one may either keep the fact of being a convert qiet or make se of the many sorces that allow him to be prod of his brave, ladable step, yo likely will not want to display elements of the past of which the tattoos remind people. Let s take a qick look at some of the systems of removing tattoos. Yo shold consider yor options now becase some systems are problematic for a Jew. Therefore, if a certain system is something yo want to se (we do not give medical advice), the time to do it might be now. One mild system (with moderate reslts) is to apply a chemical cream over time that fades the color of the tattoo. This is

8 permitted for a Jew, which is good becase even if yo started now, yor conversion may go throgh before yo have completed treatment. Plastic srgery (which is ncommon for tattoos) reqires ctting the body and is halachically problematic becase a Jew may not case injry (even if it will eventally heal) to his body. While there are gronds for leniency when it is done to improve or beatify the body, not destroy it, the matter is best avoided when alternatives exist. Laser treatment, which breaks p the dyes and allows them to be removed from their position among the levels of skin, is sally not problematic becase there is not always any damage and at least not serios scarring (Bemareh Habazak, ibid.). A final system is called cover p. One injects new dye that makes the tattoo only faintly visible. There is some qestion as to whether the fll prohibition of tattooing applies only to writing or whether any mark is eqally bad (see Rav Basri in Techmin X, pp and Bemareh Habazak II, p. 81). If inserting any mark is flly forbidden, then the cover p injection is likely forbidden. If simple marking is rabbinic and especially if it is forbidden only becase it looks like tattooing, then there is room to say (althogh it is not clear) that when it is done in order to make the previos marks weaker, it is permitted. Frthermore, the fll prohibition may not apply when it is made for a technical need sch as marking a slave (obviosly no longer in practice) (Shlchan Arch and Rama, Yoreh De'ah 180:3). If this rle is tre (see Mishpetei Uziel II, YD 22 who says it is talking abot an exceptional case), it is likely permitted when the injection is done to minimize an existing tattoo. Nevertheless, it is right to perform the cover p before converting. (B tzel Hachochma V, 82 analyzes cover p at length and does not come to a clear conclsion). Ask the Rabbi Q&A is part of Hemdat Yamim, the weekly parsha sheet pblished by Eretz Hemdah. Yo can read this section or the entire Hemdat Yamim at or And/or yo can receive Hemdat Yamim by weekly, by sending an to info@eretzhemdah.org with the message: Sbscribe/English (for the English version) or Sbscribe/Hebrew (for the hebrew version). Please leave the sbject blank. Ask the Vebbe Rebbe is partially fnded by the Jewish Agency for Israel [2] Candle by Day One who does not have to be tactfl is far more to be admired than one who displays great tact. From "A Candle by Day" by Rabbi Shraga Silverstein A Candle by Day The Antidote The World of Chazal by Rabbi Shraga Silverstein Now available at [3] CHIZUK and IDUD for Olim & not yet Olim respectively Prim Postscript The Talmd in TRACTATE MEGILA (10b,11a) cites varios verses with which a nmber of Talmdic rabbis began their Prim sermons. It cites R. Levi has having opened with the following: Now if yo will not drive ot the inhabitants of the land etc. (Bamidbar 33:55). The verse contines that they will become...as thorns in yor sides and they will (constantly) oppress yo in the land on which yo dwell: How, we may ask, does R.Levi s opening verse, which deals with the initial conqest of the Land of Israel, relate particlarly to the Prim story. I believe the point of R. Levi was to offer a trism regarding or dealings with or enemies in general, that wold therefore apply, even more so, to or eternal nemesis Amalek. The lesson is that one cannot dilly dally with those that are ot to destroy s. Once we identify them as clear adversaries, we mst act decisively and with the firmest resolve against them. If not, things will not get better bt will consistently deteriorate to the point that they will be an ongoing thorn in or side. This principle is seen vividly in the Prim story when Mordechai rges Esther to act on Klall Yisrael s behalf. She answers that things will have to wait awhile as she is not schedled to be smmoned to the king for another thirty days. To which Mordechai responds: If yo shall remain silent at this present time... yo and yor hosehold will be lost... and who knows if it was not for this moment that yo attained royalty. The message ndobtedly penetrated since we see that from that moment on Esther acts with great resolve, thereby saving the day by sccessflly ridding s of Haman and his mrderos decree. R. Levi s message is a most crcial one for or times where we often fail to identify evil, and certainly fail to act against it with firm resolve. It is R. Levi s general lesson that only when we are firm and resolte, then with G d s help, victory over or adversaries is srely at hand. Rabbi Moshe Chaim Sosevsky, Jersalem TORAH THOUGHTS as contribted by Aloh Naaleh members for pblication in the Orthodox Union's 'Torah Insights', a weekly Torah pblication on Parshat HaShav'a [4] Wisdom & Wit R Aryeh Levin once saw a woman knitting at a very fast pace. When he asked her what the rsh was, she explained that that day her son s yeshiva tition was de, and she had to be sre to finish knitting all the items that had been ordered from her so that she wold have enogh money to pay the Rebbe. Bt srely tition can be paid tomorrow? said R Aryeh. No, said the mother. If I do not pay today, I am afraid that even withot this being deliberate, the Rebbe might harbor a sbconscios negative feeling toward my son. Upon hearing this, R Aryeh told her: May yor son grow to be a great Torah scholar. That son was R Betzatzel Zolti, who later became the Chief Rabbi of Yershalayim. Shmel Himelstein has written a wonderfl series for ArtScroll: Words of Wisdom, Words of Wit; A Toch of Wisdom, A Toch of Wit; and "Wisdom and Wit" available at yor local Jewish bookstore (or shold be). Excerpted with the permission of the copyright holder [5] Parsha Points to Ponder SH'MINI 1) Why did G D tell Aharon to command the Jewish people regarding the sacrifices in the beginning of the Parsha instead of Moshe doing so as sal (see 9:2 3)? 2) Why does the Torah first mention that Aharon will bring an offering to atone for himself AND FOR THE NATION and then repeat that he will bring an offering AND ATONE FOR THEM (9:7)? 3) Why does the Torah relate BECAUSE I AM HASHEM YOUR G D WHO 14 f 15 f

9 RAISED YOU OUT OF EGYPT TO BE YOUR G D, specifically following the law not to become impre throgh an insect which crawls of the grond (11:44 45)? THESE ARE THE ANSWERS Ponder the qestions first, then read here 1) The Ohr HaChayim sggests that since they are bringing offerings to atone for the golden calf (see Rashi on verse 2 and, according to many, the Mishkan is necessary becase of that sin), it is fitting for Aharon who was involved with that sin to lead the prification process. 2) The Ramban explains that with those introdctory words, AND FOR THE NATION, the Torah is emphasizing that a person mst first cleanse himself and only then can he trn his sights on prifying others. Then the Torah describes the actal sacrifice which will atone for the others. 3) The Kli Yakar answers that things which exist closer to the grond represent the highest level of physicality and, therefore, the insects which crawl on the grond have the highest levels of imprity as captred by the niqe words that they make IMPURE YOUR SOULS. The symbolism of G D redeeming s from Egypt, a place steeped in physicality to bring s to Israel, the height of spiritality is very appropriate to captre why G D wants s to stay away from that which represents the darkness of the prely physical. Parsha Points to Ponder is prepared by Rabbi Dov Lipman, who teaches at Reishit Yershalayim, Tiferet, and Machon Maayan in Beit Shemesh and RBS and is the athor of "DISCOVER: Answers for Teenagers (and adlts) to Qestions abot the Jewish Faith",jst re pblished by Feldheim, ppp@oisrael.org 16 f [6] From Machon Pah Merit and Mazal Part 2 Last week we spoke abot the relationship between merit and mazal and we broght in the Gemara that stated that how long a person lives, children and livelihood are dependent on mazal. We saw the example broght by the Gemara that Raba and Rav Chisda were both righteos, bt Raba lived for forty years, while Rav Chisda lived to the age of ninety two. This seems to contradict the words and spirit of the Torah that we can change or fate based on or observance of mitzvot and throgh prayer. We saw the answer of Rabbein Nissim that what the Gemara means is that these areas are not dependent only on merit and that there is an element of mazal inclded. The example of Raba and Rav Chisda is very important and we mentioned last week that Raba may have had a genetic problem and that in his family they did not live too long whereas Rav Chisda may have come from a family who all lived well into old age, and therefore Rabbein Nissim explained that these things cannot always be changed. However while the Gemara tells s that Raba lived to the age of forty and Rav Chisda lived to the age of ninety two, it does not inform s how long wold they have lived withot their merit and withot their prayers. It is very possible that other members of Raba's family died at an even yonger age and that he reached the age of forty de to his merits. So that while we see the end reslt, we do not know the starting point. Rabbein Nissim explained that not everything is dependent on merit, bt merit does definitely cont for something, we jst do not know how mch. Therefore while the Gemara presents a pictre that merit is not the only element that determines or fate regarding the length of or lives, or children and or livelihood, it is clear that withot merit we wold still achieve less in all these areas. So one has to work on both fronts, we have to invest all or energy into prayer, mitzvot and other merits, while at the same time realizing that these are limited in their ability to change all things. Raba prayed and lived to the age of forty bt no more and this was the best for him and he and we mst be happy and satisfied with this conclsion. The same is tre with fertility and treatment. It is commendable to do all one can to have children while still accepting objective realities when we face them and finding positive ways to live with them. The Pah Institte for Fertility and Gynecology in Accordance with Halacha is based in Jersalem and helps coples from all over the world who are experiencing fertility problems. Pah offers free conseling in five langages, halachic spervision and edcational programs. Pah has offices in New York, Los Angeles and Paris. To contact the Pah Institte please call (02) in Israel or in the US. Visit or website at [7] by Rakel Berenbam FEEDback to berenba@actcom.net.il These are the flying animals yo mst avoid... the stork f After three days of Prim with all that eating and drinking, who can think of food? Bt that is one of the topics of this weeks portion. All 46 verses of chapter 11 deal with the dietary laws, what we as Jews are allowed to eat and what we are not allowed to eat. People ask, what is the prpose of all these rles abot food? Is it a special diet to lose weight (we wish)? Maybe it's actally a diet to pt on weight with all that kgel, chlent, and kreplach? Maybe these laws are a special health diet? This is what the Rambam sggests in the third chapter of Gide to the Perplexed. This is not the opinion of all the commentators thogh. Most see these laws, not as a way to protect or body, bt rather as a way to protect or sol. According to the Rabbis, eating TAMEI animals has a detrimental effect on or sol an effect that even repentance can't totally erase. T'shva brings forgiveness, bt cannot totally heal the scars to or sol broght by eating non kosher. (This mst be the reason that so many people are more strict abot hechsherim kosher food certifications, than other mitzvot.) It might be hard to nderstand how eating a certain type of fish or fowl can affect or sol.the Ramban says that the birds enmerated in this portion are forbidden for s to eat becase they are crel they are carnivores. Knowing this helps s nderstand a bit better. The bird's aggressive natre somehow penetrates into or being when we eat it. This natre wold be hard to extricate. Bt the Torah incldes in the list of non kosher birds the CHASIDA, what some translate as the stork. The

10 Talmd in Chlin says the bird is called the CHASIDA becase it does CHESED kindness towards its friends. One may ask if the bird does kindness, why is it listed with the nonkosher birds that Ramban calls crel. Isn't chesed, kindness, a good trait? The Chidshei Ha Rim says that the stork only does favors for its friends and not for strangers. It is good to do chesed for friends, bt it is not enogh that is considered Tamei impre and is a bad attribte to inclcate into or being. G d wants s to do chesed for everyone, even people who may be strangers, strange or jst different from orselves. When we eat or kosher birds this Shabbat we shold think how we can do chesed with people otside of or own circle of friends. Even thogh we have jst given Matanot La'evyonim, and we all hopeflly give Tzedaka on a reglar basis, let's try the following, so as not to be like the Chasida. Let's give tzedaka to a case that we sally don't give to. It cold be one of the cases mentioned in Torah Tidbits the Chessed Fnd, Katif Baby Fnd, towards the Sderot projects, one of the personal appeals... or yo cold donate to Melabev who care for people from all walks of Israeli society who now sffer from Alzheimer's disease. There are no shortage of cases ot there we mst jst stretch orselves to care for everyone arond s, even those who are different. Since the Portion discsses the birds that we can and can not eat here is a recipe that is not really made with birds bt has the word bird in its name. Beef Birds is beef that is ponded ntil very thin, filled and rolled p, and braised. It can also be made with chicken breasts. [Ed. note: Of corse, if yo se beef, yo are also coordinating with the sedra, since kosher mammals is also one of the topics.] BEEF BIRDS 1 rond steak (2 lbs. inch thick) or chicken breasts 6 smoked sasages 2 Tbsp. drippings 1 tsp. salt 1 med. onion, sliced 1 (16 oz.) can tomatoes 1 tsp. caraway seeds 1 (16 oz.) can sarkrat 4 Tbsp. sgar Pond steak with a meat hammer to 1/4 inch thick. Ct into 6 even pieces. Pt a sasage on each piece and roll ot like a jelly roll. Use toothpicks to keep it together. Brown meat slowly in drippings. Discard drippings. Season with salt. Add onion, tomatoes, caraway seeds, and liqid from sarkrat. Cover tightly and cook on low heat for 1 hor. Add sarkrat and sgar and contine cooking on low for 30 mintes or ntil birds are tender. Serves 6. [8] Torah from Natre A starfish (a.k.a. sea star) measring 60cm across was recently discovered in Antarctic waters. Possible new species. KOCHAV YAM ##### 18 f Not a TTriddle: Is a dophin not kosher becase it doesn't have scales or becase it doesn't chew its cd? Does the answer make a difference. [9] Micro Ulpan Crtch KAV Crtches Kabayim The nderarm crtch is called KAV SHECHI Cane MAKEIL HALICHA or MAKEIL SABBA [10] Divrei Menachem Parshat Shmini opens with Moshe's call to Aharon, his sons, and the elders of Israel to receive instrctions concerning the initiation ceremony of the Kohanim. Ostensibly the elders were inclded so that they cold see for themselves that Hashem elevated Aharon to the position of Kohen Gadol and that he had not seized the honor for himself or been favored by his brother Moshe for the position (Rashi). The first instrction of the service is addressed to Aharon who is told to bring atonement offerings for himself in readiness for the sacrifices he wold offer on behalf of the people. However, the commentaries disagree regarding the object of the next command, "And to the Children of Israel, speak as follows", which goes on to describe the offerings of Bnei Yisrael that wold precede Hashem's appearance [via the descent of the Divine fire that wold devor their sacrifices]. Most obvios is that Aharon is still being addressed. Yet Ramban sggests that Moshe may have instrcted both Aharon and the Elders to share responsibility for conveying the commands to the people. Or perhaps, having instrcted Aharon, Moshe 19 f now told the Elders that they alone were to arrange the nation's offerings. Considering Rashi's note above, we might well prefer to identify with those Jewish leadership styles that highlight respect for the elderly, delegation of responsibility, and the involvement of the less privileged in the commnity bilding process. Shabbat Shalom, Menachem Persoff Towards Better Davening and Torah Learning The Little Shmichik Most people call it an apostrophe. Yo can see one jst to yor right in the name of this week's sedra SH'MINI. In fact, it is becase this week's sedra is Sh'mini that we are bringing p this sbject (again). The topic is particlar to English speakers who are well practiced in blending some consonant sonds into a single phoneme. The B of brother and the R of brother are not distinctly sonded. They are blended into the well known consonant blend BR. Bt in Hebrew, adjacent consonants are sonded separately. A blessing is a B'RACHA. Not BRACHA. See? There's the SHMICHIK (or CHUPCHIK, if yo prefer). It says not to prononce the BR as in brother, bt to give the B a very short almost vowel sond of the SH'VA NA that is nder it and follow it immediately with the RACHA. And jst as we have to learn to separate the B from the R, we mst be carefl not to give the B too mch of its own identity. Which is why, in or transliteration in Torah Tidbits, we stay away from BERACHA, bt rather prefer B'RACHA. Part of the "problem", if we can call it that, is that many Hebrew words have entered into or English vocablary not as officially recognized dictionary entries, bt in the typical English spoken by (religios) Jews. So it is not nsal for a parent to ask his child if he said a bracha, not only