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1 Page Zero of Torah Tidbits 829 Lead Tidbit cont. from page 1 (below) This, to soften the impact on our moods for Rosh HaShana (and Shavuot). The fact is, the Tochacha is so heavy that it can be depressing depressing to think that we could actually turn so far away from G d that all the punishments described can become reality. And this would not serve us well for Rosh HaShana. We need a more upbeat sedra to lead us into Yom HaDin. Nitzavim, which Tosefot notes is split off from Vayeilech when necessary (becuase of a Shabbat between Yom Kippur and Sukkot) to be the buffer. Nitzavim, by the way, contains a strong reproach too. So does Haazinu. And so do other sedras. It is not only in B'chukotai and Ki Tavo that G d (and Moshe) say what they say to us. But these two sedras are by far the most devastating. We should also look at the various reproaches in the Torah with a wide angle lens, to include the other side of the coin the positive promises, as well as the warnings. If you will keep My statutes... And if you don't listen... and My statutes you despise... (B'chukotai) V'HAYA IM SHAMO'A... HISHAM'RU LACHEM (Eikev, second passage of the Sh'ma) And if you will listen... And if you will not listen... (Ki Tavo) B'RACHA/K'LALA, blessing/curse... The beautiful promises add their weight to the terrible threats; the contast should inspire us to do what we can to break the pattern of Jewish History and bring the Geula. WORD of the MONTH cont. from p.2 A weekly TT feature to help clarify practical and conceptual aspects of the Jewish Calendar, thereby enhancing our appreciation of G d's gift to us of HaChodesh HaZeh Lachem... Continuing with other four word sequences in Tanach whose initial letters spell ELUL (and have a significance to the month)... There's more on page 3 Q 0L

2 zea` iwxt c-b miwxt Sept , '08 Correct for TT 829 Rabbeinu Tam (J'm) 7:50pm 6:03 (5:23) Yerushalayim 7:15pm 6:21 (5:26) S'derot 7:17pm 6:19 (5:24) Gush Etzion 7:15pm 6:20 (5:25) Raanana 7:16pm 6:20 (5:24) Beit Shemesh 7:16pm 6:20 (5:25) Rehovot 7:16pm 6:20 (5:25) Netanya 7:17pm 6:18 (5:25) Be'er Sheva 7:16pm 6:20 (5:24) Modi'in 7:16pm 6:03 (5:25) Petach Tikva 7:16pm 6:03 (5:23)Maale Adumim 7:14pm 6:19 (5:24)Ginot Shomron 7:16pm 6:19 (5:24) K4 & Hevron 7:15pm 6:19 (5:23) Giv'at Ze'ev 7:15pm 6:20 (5:25) Yad Binyamin 7:16pm 6:21 (5:26) Ashkelon 7:17pm 6:08 (5:22) Tzfat 7:14pm 829 g"qyz lel` 'k This Shabbat is the 374th day (of 383), 54th Shabbat (of 55) of 5768 g:hk mixac `eaz ik zyxt zay...mæ z ` m zi U r e z` G d zi xßa d i xßa CŒz ` m Yß x nßwe Admonition/Warning/Prophecy Ki Tavo shares the dubious honors with B'chukotai of containing the sharp reproach and severe warnings to the people known as the Tochacha. As much as the people of Israel needed these reminders of what might happen (and sadly did), we get a sense that G d is not happy about what He has to say to the people and that He joins us (so to speak) in our troubles. The Gemara in Masechet Megila says in the name of R' Shimon b. Elazar, that it was Ezra the Scribe who set up the Torah reading so that we would read the Tochacha at the end of the year, as explained, so that the curses end with the year (and we can have a fresh start with the new year). There is a side point discussed in the Gemara No Early Shabbat minyan this week cont. p.0 Shabbat 5:00pm Rabbi Binyamin Wolff e"dl as to how this idea works for B'chukotai being before Shavuot, and the conclusion is that Shavuot is sort of a new year too because of the judgment on that day for the yield of fruit of the trees. In both cases, Tosefot adds that a sedra is placed between the heavy Tochacha sedras and Shavuot and Rosh HaShana respectively. Q 1L Tel: (02) US toll free: res@traveldealisrael.com

3 m r Orthodox Union OU Kashrut NCSY Jewish Action NJCD / Yachad / Our Way Kharkov Synagogue Support Services IPA OURadio.org Young 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 Headquarters: 11 Broadway, New York, NY website: Produced, printed*, collated, and folded in house Phil Chernofsky (02) tt@ouisrael.org Advertising: Ita Rochel ttads@ouisrael.org (02) TT Distribution ttdist@ouisrael.org OU Israel and Torah Tidbits do not endorse the political or halachic positions of its editor, columnists, or advertisers, nor guarantee the quality of advertised services or products. Nor do we endorse the kashrut of hotels, restaurants, caterers or food products that are advertised in TT (except, of course, those under OU Israel hashgacha). We recommend that readers check with the advertisers themselves to clarify kashrut and shmita details of their services and products. Q 2L Ranges are 10 days, WED FRI ELUL/September Earliest Talit & T'filin 5:34 5:40am Sunrise 6:25 6:31am Sof Z'man K' Sh'ma 9:28 9:30am (Magen Avraham: 8:43 8:45am) Sof Z'man T'fila 10:30 10:30am (Magen Avraham: 10:00 10:00am) Chatzot (halachic noon) Mincha Gedola (earliest Mincha) Plag Mincha 12:33½ 12:30¼pm 1:05 1:01pm 5:25 5:15pm Sunset 6:46 6:34pm (based on sea level: 6:41 6:30pm) Word of the Month When Elul's moon is full we strongly sense its impending wane to its hidden nature on Rosh HaShana... OU ISRAEL Seymour J. Abrams Orthodox Union Jerusalem World Center OU Israel Center programs Makom BaLev Lev Yehudi Pearl & Harold M. Jacobs ZULA Center Machon Maayan NESTO Beit Kharkov OU Israel Communities OU Kashrut in Israel... Yitzchak Fund, President, OU Israel Rabbi Emanuel Quint, Senior Vice President Prof. Meni Koslowsky, Vice President Rabbi Dovid Cohen, Vaad member Stuart Hershkowitz, Vaad member Moshe Kempinski, Vaad member Sandy Kestenbaum, Vaad member Zvi Sand, Vaad member Harvey Wolinetz, Vaad member cont. p.0 Rabbi Avi Berman, Director General, OU Israel Menachem Persoff, Director of Programs, Israel Center Phil Chernofsky, Educational Director and TT editor 22 Keren HaYesod POB Jerusalem phone: (02) fax: (02) office@ouisrael.org website: Torah Tidbits and many of the projects of OU Israel are assisted by grants from The Jewish Agency for Israel Founders and initial benefactors of the Israel Center: George z"l and Ilse Falk

4 Cont. from page Zero Yirmiyahu 31:33 And they shall teach no more every man his neighbor, and every man his brother, saying, Know G d; for they shall all know me, from the least of them to the greatest of them, says HaShem; for I will forgive their iniquity, and I will no longer remember their sin. KI ESLACH L'AVONAM ULCHATATAM LO EZKOR OD. (Works in English too.) A prophecy of our return to G d and His bringing us back to Him. How well this fits ELUL! E rßc i m NEkŒi M 'ÆdŒz ` E rßc x n` l ei g `Œz ` Wi `ße Ed r xœz ` Wi ` cf r E cßo lßi `Ø lße :cfŕœx Mßf ` ` m z` H gßle m p e r l g lßq ` i M ' dœm `ßp m lfcßbœc rße m P hßw nßl i zf` l KI TAVO STATS 50th of the 54 sedras 7th of 11 in D'varim Written on 233 lines in a Sefer Torah (rank: 13) 21 Parshiyot; 5 open, 16 closed (ranks 7th, tied with Vayikra and Va'etchanan) 122 p'sukim ranks 17th (2nd in D'varim) Same number as Vayakhel & Va'etchanan; Ki Tavo is larger than Vayakhel, smaller than Va'etchanan 1747 words ranks 16th (2nd in D'varim) Same as Ekev. Ekev is a bit larger than Ki Tavo 6811 letters ranks 15th (4th in D'varim) P'sukim are longer than average for the Torah, short for D'varim MITZVOT 6 of the 613; 3 positives and 3 prohibitions Aliya by Aliya Sedra Summary Numbers in [square brackets] are the Mitzva count of Sefer HaChinuch AND Rambam s Sefer HaMitzvot. A=ASEI (positive mitzva); L=LAV (prohibition). X:Y is the perek and pasuk from which the mitzva comes. [P> X:Y (Z)] and [S> X:Y (Z)] indicate start of a parsha p tucha or s tuma respectively. X:Y is Perek:Pasuk of the beginning of the parsha; (Z) is the number of p'sukim in the parsha. Kohen First Aliya 11 p'sukim 26:1 11 [P>26:1] When we come to the Land and settle it, we are commanded to take of the First Fruits [the mitzva of Bikurim has already been counted back in Parshat Mishpatim] of the "Seven Species", put them in a basket and go to THE Place (i.e. the Beit HaMikdash). We are to go to the kohen on duty, announce our presence and present him with the basket. He shall take it and place it before the Altar. We are then to recite the "Bikurim passage" [606,A132 26:5]. MitzvaWatch It is said of Bikurim: "Do this mitzva, Q 3L

5 for in its merit you will enter the Land". The ARI HaKadosh singles out Bikurim as the mitzva which is the "tikun" (repair) for the Sin of the Spies. Bikurim has a Torah ordained, built in recitation that helps us to focus our thoughts in a particular direction. With this recitation, the Jew identifies himself with his Jewish Heritage and announces to one and all the centrality of Eretz Yisrael in G d's plans for the People of Israel. Bikurim makes the statement that we are glad to be here. Being happy about being in Eretz Yisrael grants us the "z'chut" to be here. Joyfully thanking G d for our being here helps "repair" the opposite attitude as expressed by the 10 spies and echoed by the multitude. The Sin of the Spies was committed by what the Meraglim SAID, and it was while they were displaying fruits that they brought from the Land, no less. Bikurim is the mitzva that is performed by what the Bikurim bringer SAYS (in addition to bringing the fruits), and while he displays fruits that he brought from the Land. "A perfect match!" (in opposites). Bikurim is a prime example of "Hakarat HaTov", recognition and acknowledgement of the good that was done for us by G d. This lesson too must be applied to other areas of mitzvot and life in general. May we soon be privileged to bring Bikurim with all the joy and Jewish pride that says that we are truly pleased to be chosen by G d as His People and that we are genuinely thankful for this wonderful Land. The first four p'sukim of the Bikurim recitation form the main text for the Pesach Seder; they Q 4L summarize the Egyptian enslavement and subsequent Exodus. The fifth pasuk speaks of coming to Eretz Yisrael. This corresponds to the fifth term of redemption and is represented by Eliyahu's cup. We all bring Bikurim (including the Levi and the convert) with feelings of joy and thanks to G d for all we have. SDT: If Lavan is the Arami referred to in the pasuk (as many commentaries hold), then the pasuk implies that Lavan was responsible for our going down into Egypt. Yet Yaakov returned to his father's house after the time spent with Lavan, and only many years later ended up in Mitzrayim. Commentators point out the following sequence: Lavan deceived Yaakov and gave him Leah as a wife instead of his beloved Rachel. When Yaakov subsequently married Rachel too, there developed a rivalry between the two sisters. This rivalry transferred to the next generation in the form of the problems between Yosef and his brothers. Yaakov's giving the Striped Coat led to Yosef being sold into slavery. His descent into Egypt later brought the whole family down there. Therefore, Lavan IS the appropriate beginning of that process that found us in Egypt, hence the pasuk: ARAMI OVED AVI, VAYERED MITZRAIMA. The Bikurim recitation is perfectly suited to form the heart of the story of the Exodus, more so than any of the original passages from Sh mot. The editors of the Hagada found in ARAMI OVEID AVI the whole story in only four p sukim something we are all capable of handling at the Seder table. The original material is too copious. Furthermore, the

6 Bikurim recitation is in first person singular, rather than narrative form of the original account of the Egyptian experience in the Book of Sh'mot. This fits very well with the maxim: In every generation a person shall portray himself as if he himself came out of Egypt. There are other factors that also favor the Bikurim parsha for Seder purposes. Levi Second Aliya 4 p'sukim 26:12 15 [S>26:12 (4)] After one has completed proper separation and distribution of T'ruma, Ma'aser, and Ma'aser Ani (during the third and sixth year of a Shmita cycle), one is required to formally declare that none of the "holy produce" remains in his possession and that it was actually given to its intended recipients [607,A131 26:13]. This declaration is made on the last day of Pesach in the 4th and 7th year. Vidui Maaser implies that there is something wrong in our performance of the mitzvot mentioned. Yet the statement specifically says that we did everything that we were supposed to do. In fact, a person who might have transgressed does not make the statement. Only someone who did not sin at all can make the declaration. Why then, do we get the impression that something was not 100%? Rav Soloveichik zt"l pointed to the word K'CHOL (like all), which is mentioned twice. The implication is that our performance was almost perfect, but not quite. Also, the statement implies that the individual did only that which he was required to do, and did not (often) go beyond the call of duty. Or perhaps we did a mitzva sort of like it is supposed to be done, but maybe without full KAVANA. These implications might be responsible for the title VIDUI. What an important message this is as we approach Rosh HaShana, when we have to answer for what AND HOW we do mitzvot. It is forbidden to eat Maaser Sheni (the second tithes of years 1, 2, 4, 5 of a Shmita cycle, which remain the owner's property but which must be eaten "with sanctity and ritual purity" in Jerusalem or be redeemed) while one is a mourner (here it refers to the status of the mourner before burial of the dead ANINUT) [608,L151 26:14] or in a state of ritual impurity [609,L150 26:14] (the person and/or the food). It is also forbidden to use the redemption money of Ma'aser Sheni for purposes other than food and drink in Jerusalem [610,L152 26:14]. The literal meaning of this prohibition is not to use the money for "the dead". This can narrowly apply to shrouds, casket, etc., but is also generalized to include all non food uses. We next call upon HaShem to "look down" upon His People from on high and bless us and the Land of Israel. [We have kept our promise, we say to G d (so to speak), now You keep Yours. Rashi] Q 5L

7 Many a Baal Korei (a.k.a. Baal K'ri'a) raises his voice and emphasizes the word HASHKIFA. This is based on the Talmud Yerushalmi. Shlishi Third Aliya 4 p'sukim 26:16 19 [S>26:16 (4)] This short portion is a summary of our relationship with G d. We are to keep, preserve, observe, practice all the mitzvot, statutes, laws which Moshe has reiterated for us, with all our hearts and souls. We have pledged allegiance to G d, promised to follow His ways [611,A8 26:17] and to listen to Him. He pledges to take us as His "Chosen Nation" and to elevate us above the nations of the world IF we keep His mitzvot. MitzvaWatch To follow in G d's footsteps means to develop and practice various traits that are attributed to G d. As He is merciful, so too shall we BE merciful. As He is holy, so too must we behave in ways that lead to our becoming holy. From general traits, we can also use specific examples as G d clothed the naked, visited the sick, buried the dead, comforted the grieving... so too must we. There are mitzva counters who define this mitzva as Bikur Cholim, visiting the sick, in addition to generalizing to include all types of acts of kindness. R'VI'I Fourth Aliya 10 p'sukim 27:1 10 [P>27:1 (8)] Moshe Rabeinu and the Elders command the People concerning the inscribing on 12 pillars of stone the words of the Torah (parts thereof; the Book of D'varim or parts of it); this to be done upon crossing the Jordan. Subsequently, another set of pillars is to be erected and inscribed on Har Eval where a Mizbei'ach is to be built (of whole, uncut stones) and sacrifices are to be offered. [S>27:9 10 (2)] Moshe and the Kohanim next declare to the People that they have grown into complete nationhood at this point, with all the mitzvot of the Torah having been reviewed. Privilege of nationhood goes hand in hand with the responsibilities of keeping the mitzvot. SDT: Moshe, the Kohanim and Leviyim, say to all the people, "on this very day you have become G d's nation". Rashi says that the Torah emphasized THIS VERY DAY, to teach us that our commitment to Torah and mitzvot should be as if we have entered into a covenant with HaShem on this very day i.e. everyday. We are challenged to refesh our Judaism continually. This, of course, is not the only place this is learned from. But that fact just reinforces the significance of the idea. Q 6L

8 Chamishi Fifth Aliya 22 p'sukim 27:11 28:6 [S>27:11 (4)] Moshe describes what will happen after the People enter the Land. Six tribes will stand on Mt. Grizim and six on Mt. Eval. There they will hear the blessings and curses that will be the fate of those who keep or don't keep Torah and mitzvot. Twelve curses are enumerated in this portion touching upon many diverse areas of Jewish life including "between Jew and G d" as well as interpersonal mitzvot. Each K LALA is a pasuk long and its own parsha stuma (almost). To each curse, the people are to respond AMEN... [S>27:15 (1)] idols... he who makes [S>27:16 (1)] he who degrades his father or mother... [S>27:17 (1)] he who encroaches on his neighbor s boundary... [S>27:18 (1)] he who misleads a blind (it's figurative) person... [S>27:19 (2)] he who perverts the judgment of orphan or widow... he who sleeps with his father s wife... (Note that these two curses share a parsha.) [S>27:21 (1)] he who engages in sexual behavior with animals... [S>27:22 (1)] he who sleeps with his sister (or half sister)... [S>27:23 (1)] he who sleeps with Q 7L his mother in law... [S>27:24 (1)] he who secretly strikes his fellow... [S>27:25 (1)] he who takes a bribe and an innocent person is killed... [S>27:26 (1)] he who does not uphold the words of the Torah to do them... [P>28:1 (14)] Once again, Moshe Rabeinu tells us that following G d's commandments will earn us superior status among the nations of the world. We will also be showered with blessings for hearkening to G d's voice. We will flourish economically and agriculturally, and be blessed with a healthy increase in population. Our every coming and going will be blessed. SDT: The blessings begin with the letter BET BARUCH. The curse begin with the letter ALEF ARUR. This is how some commentators explain the large BET of the opening word of the Torah B'reishit. G d wanted to start the Torah on a note of blessing, not the opposite. Shishi Sixth Aliya 63 p'sukim 28:7 69 Longest of the 378 Aliyot in the whole Torah (not counting combined Aliyot when a double sedra is read) The blessings continue with the promise of victory over our enemies. G d will "command" His blessings upon us and the Land, and will establish us as a holy nation... on condition that we keep

9 the mitzvot and follow His ways. [The Torah's expression V'HA LACHTA BID RACHAV is repeated here emulating G d is defined as being kind, merciful, charitable, etc.] The nations of the world will see the special relationship we have with G d, and be appropriately reverent towards us and fearful of us. G d's heavenly treasure house will open for us and we will flourish. G d's blessings are conditional upon keeping the mitzvot. [P>28:15 (54)] "But, if we don't listen to G d..." Thus begins the "Tochacha". The admonition against disobedience of Torah. There is a custom to read this part in a low voice because of how devastating it is to realize that G d needs to warn us in such graphic terms, what will happen if the Jewish People do not remain faithful to Him. Unfortunately, we need these harsh words of reproach. Unfortunately, they have turned out to be prophetic more than once. The Tochacha is contained within one Aliya (resulting in the longest Aliya in the Torah) so as not to prolong the discomfort in hearing it. And it is sandwiched (so to speak) between "good" p'sukim, so the Aliya begins and ends on a good note. The first portion of the Tochacha is the negative mirror image of the blessings previously pronounced in the Torah. The p'sukim then proliferate and describe in shocking and grisly detail that which will occur if we do not remain faithful to G d. The final pasuk of the Aliya reiterates the "simple" but eloquent covenant with G d: Keep the Torah and all will be good, if not... The contrast between the "good times" that Bikurim brings to mind and the terrible times as described in the Tochacha is overpowering and frightening. It is the difference between contentment and respect on the one hand, and devastation, despair and degradation, on the other. Prosperity in our own Land vs. poverty and exile. The key to the difference is Torah & Mitzvot. SDT: One of the famous sum it all up p sukim in the Tochacha is 28:47, which says that many of the terrible things will happen to us because we did not serve G d with joy and a good heart (even while we still had all good things). The Kotzker Rebbe gives this pasuk an interesting spin. Because, not only did you not serve G d, but the not serving Him was with simcha to you. When a Jew does mitzvot, there is the extra aspect of doing them with a smile. And, conversely, when a Jew sins, there is the extra aspect of sinning with a smile. Does one who eats non kosher cry about his betrayal of G d (probably not), or does he lick his fingers with relish and joy (sadly, probably yes). And if and when the joy of sinning leaves a person, or is driven out by him, then and only then will the person be on the path to T shuva. In more general terms, this pasuk speaks to Jews who just "go through the motions" of religious observance. They were brought up that way, perhaps, but there is little joy in their religious behavior. How sad! The Baal Shem Tov would say: S'CHAR MITZVA, SIMCHAT MITZVA the reward Q 8L

10 for a mitzva is the joy one derives from doing a mitzva. [S>28:69 (1)] After all those dreadful p sukim of the Tocheicha, this long aliya is concluded with the statement: These are the words of the covenant that G d commanded Moshe to make with the people of Israel in the territory of Moav besides the covenant of Sinai (Chorev). Sh'VII Seventh Aliya 8 p'sukim 29:1 8 [P>29:1 (8)] Moshe Rabeinu calls to the People, and tells them that they now have seen (and know) all that has happened from the Exodus through the forty years of wandering until this very moment. It is incumbent upon us to keep our "deal" with G d. "And G d did not give you a heart to know, nor eyes to see, nor ears to hear, until this very day." This realization comes only after living all the experiences and miracles of the 40 years of wandering. Last 3 p'sukim are Maftir. Haftara 22 p'sukim Yeshayahu 60:1 22 This is the 6th of the Seven Haftaras of Consolation, all coming from the book of Yeshayahu, from chapter 40 on, where he changes mood from a prophet of tragedies to a prophet of consolation and redemption. The uplifting message of the haftara is the coming of the Geula, when G d will restore His People to the Land and the nations and peoples of the world will flock to Jerusalem to pay homage to G d and His People. The concluding words of the haftara are enigmatic: "...I Am G d, in its (the redemption's) time, I will hasten it." Will the Mashiach come in his appointed time, or sooner? That depends upon us. If we enhance the overall conditions of Jewish Life, increase Torah observance, improve relations between Jew and his fellow then we might be privileged to an "early" arrival of the Mashiach and the Geula. If we do not lay the proper groundwork for his coming, then he will come in his (preordained) time. This is a major part of our Elul challenge. Let's put it this way the first level of our Elul time task is personal, individual. This adds another level, that of the community, of Klal Yisrael. Rambam in Hilchot T'shuva "suggests" that we each consider ourselves, and our community, and the entire world to be precariously balanced between merits and demerits. One tiny mitzva on our part cannot only tip our personal scale to the good side for us, but that of our community and that of the whole world as well. One person can make a difference. Each of us has the power to hasten the Mashiach. So, let's do it. Q 9L

11 Here's the gloomy side of this issue, (as pointed out last year by YL in an ).there is also the possibility that Mashiach's deadline will come and we won't be ready we will not have prepared properly for it, personally or communally. Let alone that we didn't hasten its coming, but we weren't near ready for its arrival. Then, bad things will happen... let's leave it at that and just say that it is really important to Klal Yisrael that we lay the groundwork for the smooth arrival of the Geula. The good news is we don't have to obsess and focus on the coming of the Geula; we have to become the people and Jews we are supposed to be NOW. In other words, "all" we have to do is live a Torah way of life, infuence in a pleasant way our fellow Jews to do the same, and the Geula takes care of itself (as mentioned above).] THE JERUSALEM INSTITUTE OF JEWISH LAW Rabbi Emanuel Quint, Dean Lesson #443 Others Ineligible to Testify (part 3) In the last lesson we continued the discussion of those who are not eligible to be witnesses at a trial in Beit Din. We began discussing how a witness who became ineligible because of transgressions could reacquire his eligibility. We continue with that topic. In the case of transgressions involving money, the general rule of repentance must be supported by evidence of repentance. The following are some examples: 1. A robber, after he has made restitution and the public has accepted him as being an honest person. If the robbery was an isolated incident on his part, as soon as he voluntarily makes restitution, he regains his eligibility. If the restitution was forced upon him by the Beit Din, then he is in the same category as a constant robber. 2. A usurer, after he has torn up the promissory notes he holds and repents by not lending usuriously, even to a Gentile. He must also return all the interest he has collected; if he does not know whom to return it, he must use the money for the public good. 3. A gambler, after he destroys his gambling equipment and does not gamble without money. Some say he also has to make restitution. 4. Pigeon raisers (racers), when they destroy the traps where they trapped pigeons belonging to others, and when they desist from such conduct. 5. Traders in Sabbatical year produce, when another Sabbatical year comes and he does not indulge in this conduct. He must also confess in writing as to how he gained by his illegal conduct and turn the sum over to charity. Q 10L

12 6. A perjurer, when he comes to another Beit Din where he is not known and advises it that he is suspected of perjury; or if a Beit Din where he is not known imposes an oath upon him in a suit in which he could take the oath and save himself a large sum of money, and he pays rather than take the oath. 7. The butcher who sold non kosher meat as kosher, when he has repented, which he evidences by the life he now leads. He should go to a place where he is not known and dress in modest (black) garments and look to voluntarily restoring something valuable to its owner or declaring non kosher an expensive portion of meat in his possession. 8. A refuted witness. He should go to a place where he is not known and refuse an offer of a large bribe to perjure himself. There are other classes of witnesses some of whom are ineligible and some of whom are eligible to testify: Proselytes may act as witnesses. A proselyte may not testify to an act he witnessed before he became a proselyte. He may not testify even about those matters, which a mature person may testify, when he witnessed them as a minor. A bastard may be a witness. A person who is totally blind may not testify. This is true even in a case in which Beit Din knows that he can recognize voices. A person who is blind in one eye is eligible as a witness. Generally a boy may act as a witness after he has attained the age of 13 years and a day. If younger he may not testify, even if he is highly intelligent and Q 11L educated. There are those who hold that a person should not act as an appraiser of real estate until he has attained the age when he can understand such matters. A person may not testify after attaining maturity regarding things he witnessed when he was a minor. There are some exceptions. He may testify, together with a mature person, on the authenticity of his father s signature or that of his brother or his teacher. The boy and another mature person who witnessed the wedding of a previously unmarried woman may testify when he reaches maturity (together with the other witness) that it was indeed the woman s first marriage. There is a difference between the amount the estate has to pay to the widow of a decedent, if the wife was previously married or if she was not previously married. Since the wedding took place many years before the death of the husband, there is no independent testimony, except for the one person who witnessed the wedding as a child and another mature person who also witnessed the wedding. The case before the Beit Din places the widow against the other heirs of the estate. Of course, if the widow produces the marriage ketuba, then the question is moot since the ketuba would have stipulated the amount. A minor student may testify that he was molested by his teacher. One whose sex is unknown may not testify. A hermaphrodite may not testify. One who is drunk may not testify. If a person had some drink he may testify if Beit Din deems him fit to testify. He may not testify as to a matter he witnessed while he was drunk. The mentally deficient person may not be

13 a witness. The Beit Din must decide in each case whether the person is so mentally deficient that his witnessing of the event and his testifying are meaningless. The inordinately foolish who are not able to distinguish between contradictory matters and do not understand things that persons of normal intelligence do, may not testify. Persons who are unduly impulsive and are quick to judge and act like madmen are in the category of the mentally deficient. A deaf mute may not testify. A speaking deaf person may not testify. He may not testify because he cannot hear the judges and their admonitions to testify truthfully. A hearing mute may not testify. He may not testify because he is required to give oral testimony. However, he may testify to enable a woman to remarry. There are cases where the only evidence that a woman may have to enable her to remarry is based on the testimony of person who lost his speech. For example, he witnessed the death of her husband. The exception was made to prevent the woman from being unable to remarry. An epileptic may not testify while he is having a seizure. The foregoing apply to any other type of illness that leaves a person capable at times and not at others. IYH with the next lesson we shall begin to discuss the role of the woman in the Beit Din system. The subject matter of this lesson is more fully discussed in A Restatement of Rabbinic Civil Law by E. Quint. Copies of all volumes can be purchased at local Judaica bookstores. Questions to quint@inter.net.il Spiritual and Ethical Issues in the Bamidbar Stories by Dr. Meir Tamari To be Counted [3] Each of our commentators view the purpose of the censuses according to their general approach and philosophy towards explaining Torah; some concentrating on the simple meaning and expressed text, some seeking ethical and spiritual insights, some according to Chassidic teaching, and yet others find in them mystical significance. Each school therefore provides us with another religious perspective, enabling us to see these censuses in a well balanced way. "In the counting at the beginning of Bamidbar, G d ordered them to be counted from twenty years old and upwards, in preparation for the struggle for the Promised Land towards which they had begun to proceed. The Leviyim were not numbered here along with the Children of Israel, since they were not eligible for army service but were appointed to watch over the Mishkan" (Rashbam). "The first counting (Sh'mot, Ki Tisa) through the medium of the half shekel was needed to fund the sockets for the construction of the Mishkan; the half shekel was thus not a requirement of the counting. In this counting (Bamidbar 1:2), the counting itself was the essential requirement so G d Q 12L

14 commanded that it should be done without resort to the half shekel or any other medium out of fear of a plague, since those discharging a religious duty can come to no harm" (Abarbanel). Likewise, in all the lists of mitzvot we find the obligation of the half shekel connected to the Korbanot Tzibur and not to a census (Sefer Hachinuch, mitzva 105). "You shall number them; 'tifkod' expresses the idea of something entrusted to someone's care for safekeeping. So here (verse 3) G d commanded that each one should entrust to Moshe a ransom, half shekel, of his soul, rather than that he should actually count them" (Ramban). At the end of Sefer Bamidbar (chapter 26), there was a second census. "After the plague because of Baal Peor, it was necessary to count them, as the shepherd does after the flock has been attacked by wolves" (Tanchuma); the princes did not participate in administering this census because they had been the cause of that sin (Meshech Chochma). "This is the way of kings, that they count their soldiers before the battle. Here there was both the imminent battle against Midyan and the later battles after entering Eretz Yisrael" (Abarbanel). "To these you will allocate the Land (23): the verse does not specify 'according to families', since only those who were counted for army service were to be counted for allocating a share in Eretz Yisrael. The Leviyim who did not receive a share and did not serve as soldiers, were not included in this census; the census also did not include children below 20 years nor those un eligible for that service" (Ha'ameik Davar). "Only the holy and the kasher shared in that inheritance" (Sifri). "After the Mishkan was erected and they were proceeding towards the Promised Land to conquer it under Divine leadership, it was desirable for them to be divided according to their flags, standards and ensigns so the camp would be properly organized; not a band of runaway slaves but a disciplined and well ordered nation" (S. D. Luzzatto, Shadal). Irrespective of their explanation for the census, all the commentators see the Mishkan as its focal point and the nation in its tribes, clans, families and individuals, camped around it: the presence of G d being the core of all the separate components of the House of Israel. "G d said to Moshe: Make them ensigns in My Name because they are My children and My armies" (Bamidbar Rabba). "Every man of the Children of Israel shall pitch his tent with his own standard, with the ensign of their father's house, encamped at a distance about the Ohel Moed" (Bamidbar 2:2). The three families of the Leviyim formed an encampment surrounding Ohel Moed on three sides while Moshe and Aharon were encamped to the east" (Midrash Hagadol). Each tribe had its flag in the same color as its particular jewel in the Choshen of the Kohen Gadol and there was a symbol of the tribe on it. "The camp, with its constituent parts may be compared to the body and its limbs; the Mishkan being to the encampment what the heart is to a body" (Kuzari, part 2, 26). Q 13L

15 It was not only the encampment that was centered round the Mishkan, so was the whole structure of the march through the desert; not a straight column but rather a rectangle within a rectangle surrounding the Mishkan and protecting it. Both for the encampment and the march the Tribes were not arranged according to the order of birth, but rather in a special format. "The advance guard was made up of Yehuda, Yissachar and Zevulun: this was the most exposed and dangerous position and they constituted the largest number of soldiers, while Yehuda was accepted nationwide as the leader. The rear guard was under the leadership of Dan who together with Asher and Naftali were the second largest group; this was the second most dangerous position. The two groups under the leadership of Reuven and Efrayim were on the flanks which were less exposed and less vulnerable" (Abarbanel). The midrash sees Yehuda's group as constituting Torah and therefore they led; Reuven's group were all baalei teshuva and that is the second most important merit so they traveled second; Efrayim, Menashe and Binyamin were all granted redemption and so they followed Torah and teshuva" (Bamidbar Rabba 12:10) "G d transferred His Presence from Har Sinai to the Mishkan so that the Mishkan was a mobile Sinai in the middle of Israel, the heaven and heavens of heavens within a Holy People. Therefore, he hedged it with restrictions just as He had done with respect to Har Sinai at Matan Torah" (Ramban). In addition to the physical hedge or barrier around the Mishkan the tribes of Israel and then the tents of the Leviyim the Divine Presence required that there be spiritual sanctity, that is the ultimate purpose of all Israel's encampments and marches; everything impure, despicable and perverted have to be expelled from the camp. "For Hashem, your G d walks in the midst of your camp; so your camp shall be holy" (Devarim, 23:15). 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 Puah [7] Portion from the Portion [8] Pirkei Avot [9] Torah from Nature [10] Loose Ends [11] Guest Article [12] Divrei Menachem [1] From the virtual desk of the OU VEBBE REBBE The Orthodox Union via its website fields questions of all types in areas of kashrut, Jewish law and values. Some of them are answered by Eretz Hemdah, the Institute for Advanced Jewish Studies, Jerusalem, headed by Rav Yosef Carmel and Rav Moshe Ehrenreich, founded by HaRav Shaul Yisraeli zt"l, to prepare rabbanim and Q 14L

16 dayanim to serve the National Religious community in Israel and abroad. Ask the Rabbi is a joint venture of the OU, Yerushalayim Network, Eretz Hemdah... and the Israel Center. The following is a Q&A from Eretz Hemdah... I work a night shift and, therefore, sleep in the day rather than at Q night. What do I do about saying Kri at Sh'ma Al Hamita (bedtime Sh'ma) and Modeh Ani? Gemara B'rachot 4b instructs one who said Kri at Sh'ma at Ma ariv A to say it again before going to sleep. The Gemara (ibid. 60b) mentions a b'racha that is said at that time (Hamapil) and then lists b'rachot that are recited when one awakens, starting with Elokai N'shama and continuing with Birkot HaShachar to be recited as he goes through the activities of getting up and starting his day. Yet another Gemara (Shavu ot 15b) reports that R. Yehoshua ben Levi would say before bed certain psalms that are effective in warding off evil spirits. Modeh Ani is not found in the Gemara or in the Shulchan Aruch, Rama and the earliest commentators. It made its way into sidurim through a book called Seder HaYom, and the Mishna B'rura (1:8) says: It is good to say as soon as one gets up, Modeh Ani... As it is a relatively recent minhag, not a binding halacha, it is not surprising that we find little halachic literature on Modeh Ani for those who sleep at unconventional times. However, the concept of (ending and) starting one s day with holy thoughts is ancient and is at the heart of the aforementioned sources and others. In fact, we find the following thesis (presented in Piskei T'shuvot (1:(22)) to be very logical. The recitation of the non b'racha thanks to Hashem of Modeh Ani developed because in our times we do not allow people who have woken to say Q 15L Elokai N'shama and Birkot HaShachar before washing hands, as they once did (Shulchan Aruch, Orach Chayim 46:2). It enables one to immediately convey Elokai Neshama s basic idea of thanks for regaining full consciousness. After that background, we can address your specific questions. Most poskim say that one may not recite the b'racha of Hamapil before going to sleep in the daytime (Bi'ur Halacha to OC 339:1; see B tzel Hachochma V, 166). One of the possible reasons is that the b'racha was instituted for sleeping at regular times. Likewise, one is not obligated to say Kri at Sh'ma (Ishei Yisrael 35, 12), as the halacha to do so before sleeping is apparently connected to the obligation of Kri at Sh'ma at night (see Aruch Hashulchan, OC 239:3). Some recommend to recite Viyhi Noam and Yoshev B seter before daytime sleep (Rama, OC 231:1), of note for those who normally recite these protective sections of Kri at Sh'ma Al Hamita. These halachot apparently apply even if one goes to sleep in the day and wakes up and night (see B tzel Hachochma, ibid.). We assume that the logic that applies to Elokai N'shama applies also to Modeh Ani. One who awakens from any reasonable night sleep (presumably, even if he began during the day) recites Elokai Neshama (Mishna Berura 46:24), although he should wait if necessary until alot hashachar (dawn) (Mishna Berura 47:30). There is a minority opinion that one should say Elokai N'shama after any sizable sleep throughout the day (see Bi'ur Halacha to OC 52:1; Ishei Yisrael 5:(43)). Some say that if one waits until the morning, then he can certainly say Elokai N'shama, as by then he has both slept and experienced a new morning. However, we do not suggest making the b'racha under these

17 circumstances, as many say that it was instituted for the normal type of sleep and awakening before a new day (see Ishei Yisrael, ibid.; B tzel Hachochma V, 144). The big difference between Modeh Ani and Elokai Neshama is that the latter is a formal b'racha which one may not recite when it is not called for, whereas the former is a praise that is not in b'racha form. Therefore, while one is not expected to say Modeh Ani if he slept only during the daytime, he may say it either upon awakening or when the morning breaks if he so desires. Ask the Rabbi Q&A is part of Hemdat Yamim, the weekly parsha sheet published by Eretz Hemdah. You can read this section or the entire Hemdat Yamim at or And/or you can receive Hemdat Yamim by weekly, by sending an to info@eretzhemdah.org with the message: Subscribe/English (for the English version) or Subscribe/Hebrew (for the hebrew version). Please leave the subject blank. Ask the Vebbe Rebbe is partially funded by the Jewish Agency for Israel [2] Candle by Day Many things in theory which do not work in practice, not because the theory is wrong, but because the practicer is lacking in skill. 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 The Rabbis relate that the word V'haya always connotes simcha. Hence, the Ohr HaChayim HaKodesh comments on the verse V'haya Ki Savo el Ha'aretz and it will be when you will come into the land Q 16L that the word V'haya hints to the fact that true simcha will only be achieved when we are settled in Eretz Yisroel.The Sh'la HaKodesh adds another dimension to this, that settling Eretz Yisroel demands constant simcha. One must have GAAGOOIM, to longingly anticipate settling in Eretz Yisroel. It is for this reason when Avraham Avinu came to Eretz Yisroel on his own, five years before he was commanded Lech L'cha, Hashem sent him back for those five years so he could longingly anticipate his return, in order to create a reservoir of similar feelings to be drawn upon by all Jews in Chutz L'aretz for all generations, to long to be in Eretz Yisroel. And one must experience ongoing joy after actually settling in Eretz Yisroel. Partially, this is to facilitate the fulfillment of Yishuv Eretz Yisroel which necessitates being miyushav, being settled. One can not truly settle the land if he is personally emotionally unsettled. Joy and simchas ha'chayim make one emotionally settled. However, this concept seems to be at odds with the concept that Eretz Yisroel is acquired with yisurim, with difficulty and suffering. However, the same anomaly exists in the fact that in Parshas Bechukosai the Torah says that we are exiled from Eretz Yisroel when we don't put effort and toil into Torah learning and observance. And yet, in Parshas Ki Savo it says that we go into exile for serving Hashem without simcha, without joy. This seems to be contradictory for joy and effort and toil do not seem to go together. When the Torah was given it was so overwhelming that the souls of the Jewish people fled them. They literally died and had to be resurrected. The question can be asked, if Hashem knew it was going to be so overwhelming, why did He let them die and then revive them? Why not give them

18 the ability to withstand the experience without dying? Perhaps, Hashem wanted to impress upon us that Torah demands sacrifice, effort and hardship. Sometimes, one will be called upon even to sacrifice their temporal lives for Torah. However, it is with the Torah itself that G d resurrected them. For the light of Torah is the dew of the resurrection, that gives eternal life. The lesson being, that no matter how great the sacrifice for Torah, the ultimate benefit that the Torah itself gives, overshadows the sacrifice completely. Torah may not always be fun but it is always worth the effort in the eternal perspective. Similarly, the Ibn Ezra relates that having a portion in Eretz Yisroel is like having a portion in the World to Come. Hence, all the hardship and sacrifice necessary to acquire that portion is infinitely worth it and should generate tremendous joy and satisfaction. Let us fulfill this mandate of Simcha vis a vis Eretz Yisroel. For those that are not yet here, let them longingly anticipate the joy of settling in Eretz Yisroel. And for those of us fortunate to be here, may we constantly perceive the joy and satisfaction of being able to put the effort and sacrifice necessary to reap the eternal benefits of settling and living in Eretz Yisroel. May we all soon experience the ultimate joy when Hashem will return all our exiles and redeem us and build the third Beis Hamikdash and then our mouths will be filled with joy, AZ YIMALEI S'CHOK PINU, soon in our days. Rabbi Zev Leff Rav of Moshav Matityahu, Rosh Yeshiva of Yeshivah Gedolah Matisyahu, Rosh Kollel of Kollel Yesod Refael THOUGHTS as contributed by Aloh Naaleh members for publication in the Orthodox Union's 'Torah Insights', a weekly Torah publication on Parshat HaShavu'a [4] Wisdom & Wit A certain very wealthy man, who was not religious, came to the Chafetz Chayim and donated a large sum of money to his yeshiva in Radin. Holding tightly to the man s hand, the Chafetz Chayim exclaimed, I thank you greatly for your contribution, but what a pity that you yourself do not keep Shabbos. As he held the man s hand tightly, the Chafetz Chayim began weeping at the thought of the man s violating Shabbos. The man was so moved, that he pledged to observe Shabbos from then on. I have only one request, Rebbe, he said. I have a very large business, with many interests. I need time to clear everything up. I just need to work this one Shabbos, and from then on I will stop doing so. Just allow me to do that. If Shabbos were mine to give, I could consider something like that, said the Chafetz Chayim, but the commandment to keep Shabbos comes from Hashem, and I don t have any such power or right. Upon hearing the sincere, heartfelt comment by the Chafetz Chayim, the man pledged to keep even that first Shabbos. Shmuel Himelstein has written a wonderful series for ArtScroll: Words of Wisdom, Words of Wit; A Touch of Wisdom, A Touch of Wit; and "Wisdom and Wit" available at your local Jewish bookstore (or should be). Excerpted with the permission of the copyright holder [5] Parsha Points to Ponder KI TAVO 1) Why does the Torah use the word V'HAYA (AND IT WILL BE) when introducing our entrance into the Land of Israel? (26:1) Why didn't it simply say WHEN YOU ENTER THE LAND without Q 17L

19 the V'HAYA? 2) Why does the Torah suddenly include the Kohanim and Leviyim together with Moshe when describing his speaking to the Jewish people about listening to the commands of the Torah (27:9)? 3) Why were the curses at the end of the Book of Vayikra taught in plural while the curses in this week's parsha (beginning with 28:15) are taught in singular? THESE ARE THE ANSWERS Ponder the questions first, then read here 1) The Ohr HaChayim answers that we have a tradition which teaches that V'HAYA always connotes something happy. The Torah is teaching us that there cannot be true happiness in a Jewish life unless the person has settled in the Land of Israel, the act described immediately after the word V'HAYA. 2) The S'forno explains that this command relates to studying the laws of the Torah to observe them properly and G D cemented the idea that the Kohanim and Leviyim were responsible for teaching Torah to the nation by grouping them with Moshe for this command. 3) The Kli Yakar teaches that the curses in Vayikra were taught before the Jews were bound together by the pact of being responsible for one another. In that situation, group punishments would only take place if everyone sinned. Therefore, they are written in the plural. However, now after the pact at Mt. Grizim and Eival, even if individuals sinned, the entire nation could be held accountable. That is captured by the use of the singular. Parsha Points to Ponder is prepared by Rabbi Dov Lipman, who teaches at Reishit Yerushalayim, Tiferet, and Machon Maayan in Beit Shemesh and RBS and is the author of "DISCOVER: Answers for Teenagers (and adults) to Questions about the Jewish Faith",just re published by Feldheim, ppp@ouisrael.org [6] From Machon Puah Treatment on the Festivals (Part 1) Question: I am in the middle of a treatment cycle for infertility at the moment and the doctor just said that we may have to do the actual treatment on Rosh HaShana. What can we do? Answer: I would first like to wish you Shana Tova and much success with the treatments. Your question raises a number of questions related to treatment on all festivals and on Shabbat and so I would like to take this opportunity to discuss some of the ramifications and specifics of treatment on Shabbat and Chagim. The first thing to consider is whether one is allowed to take medicine or undergo medical treatment on Shabbat. The Gemara (Shabbat 23b) says that one cannot take any sort of medical treatment on Shabbat, on the other hand, another Gemara (Yoma 85b) says that we are commanded to break Shabbat in cases of pikuach nefesh. The Beit Yosef (Orach Chayim 328) explains that these two sources discuss two distinct situations. The latter is in the case of a life threatening illness, where we do everything possible to save the person's life, even if it entails breaking Shabbat. The first source is dealing with a case where there is no illness rather a sense of Q 18L