Parashá Shoftim

Hamaayan / The Torah Spring

Rabino Shlomo Katz
Volume 21, No. 43


4 Elul 5767
August 18, 2007


Today's Learning:
Bava Metzia 10:3-4
O.C. (Mishnah Berurah) 2:4-6
Daf Yomi (Bavli): Yevamot 107
Daf Yomi (Yerushalmi): Yoma 9

R' Moshe Schwab z"l (1918-1979) writes: With the arrival of the month ofElul, we are faced with the question, "What is Elul?" How is this monthdifferent from every other month?
R' Yisrael Salanter z"l said, "Every month should be Elul, but Elul isElul."

R' Schwab explains: All year long, a person should act the way wetry to act during Elul. At least, when Elul arrives, one should be awarethat his life, both the material and spiritual aspects, hangs in thebalance. This is true of oneself, of one's family, and of every member ofthe Jewish People.
Elul is the time to prepare for Rosh Hashanah and Yom Kippur, the days onwhich, we believe with perfect faith, we will be judged. We understandthat everything that will happen, whether on a personal or communal level,depends on those days. Yet, one cannot "leap" into Rosh Hashanah. Onemust prepare for it. To the degree that one prepares himself, to thatextent he will experience Rosh Hashanah. Conversely, to the degree thatone is lax in preparing for Rosh Hashanah, to that extent he will miss outwhen Rosh Hashanah comes.
A person who knows that he has a court date in the distant future does notlet his life be overshadowed by that upcoming event. However, as thatdate looms near, the litigant begins to fixate on it. So should we bewhen Elul approaches. All year long, we know that Rosh Hashanah is in thedistant future, and we ignore it. When Elul comes, it is time to startfocusing on our upcoming court date. Chazal say that on RoshHashanah, "Every living creature passes before Hashem." This reallymeans, "Every living creature." There are no exceptions. (Ma'archei LevVol. I, p. 57)
********

"The officers shall continue speaking to the people and say, `Who is theman ha'yarei / who is fearful and fainthearted? Let him go and return tohis house, and let him not melt the heart of his fellows, like hisheart'." (20:8)
R' Meir Horowitz z"l (1819-1877; the Dzikover Rebbe) notes that theword "ha'yarei" appears twice in the Torah - here and in Shmot (9:20),regarding the plague of hailstones: "Ha'yarei / Whomever among theservants of Pharaoh feared the word of Hashem chased his servants and hislivestock to the houses." What is the significance of this pairing?
At first glance, we would assume that a person who is afraid ofeverything, even his own shadow, so-to-speak, does not fear G-d. A G-d-fearing person knows that we have nothing to fear but G-d Himself.However, our initial presumption might be wrong. A righteous person doesfear something else - his own sins and their consequences.
Our Sages say that when the officers announced that whoever is fearful andfainthearted is exempt from army service, they referred to those who werefearful of dying in battle because of their sins. [In particular, theGemara singles out the sin of talking in the middle of davening.] OurSages' interpretation is alluded to by the two appearances of theword "ha'yarei." Do not think that the fearful person in our verse is onewho does not fear G-d. He is fearful because he fears G-d. (Imrei Noam)
********
"They shall speak up and say, `Our hands have not spilled this blood, andour eyes did not see'." (21:7)
These words were said by the elders of a city in proximity to which acorpse was found. Our Sages ask: Would we think for a moment that theelders murdered a hapless traveler? Rather, the elders are saying: We didnot see this traveler. Had we seen him, we would have given himprovisions for the road, which might have saved his life.
R' Chaim Yosef David Azulai z"l (Chida; died 1806) quotes a certain R'Ephraim who notes that the Hebrew words "lo shafchu" are an acronymfor "Levayah / accompaniment, achilah / food, shetiyah / drink, parnassatkol ha'derech / provisions for the whole way." (Nachal Kedumim) ******** Shemittah
[This coming year - 5768 - will be a shemittah / sabbatical year, whencertain agricultural activities are prohibited in Eretz Yisrael. Inpreparation, we are devoting a portion of each issue to legal and/orphilosophical aspects of the sabbatical year. The following laws aretaken from Chapter 2 of Sefer Ha'shemittah, by R' Yechiel MichelTukochinski z"l (1872-1956), a prominent halachic authority inYerushalayim, probably best known outside of Israel for his work GesherHa'chaim on the laws of mourning.]
The shemittah includes four general commandments:
1) Letting the earth rest from agricultural work, as the Torah says(Vayikra 25:2), "The land shall observe a Sabbath rest for Hashem." TheTorah also states (Shmot 34:21), "You shall desist from plowing andharvesting," and (Vayikra 25:4-5), "Your field you shall not sow and yourvineyard you shall not prune; the aftergrowth of your harvest you shallnot reap and the grapes you had set aside for yourself you shall not pick."
2) One does not transgress the law of "You shall desist from plowing andharvesting" unless he physically works the field of a Jew, whether his ownfield or the field of another Jew. However, the owner of a fieldtransgresses the positive commandment of "The land shall observe a Sabbathrest for Hashem" if his field is worked by anyone, even a non-Jew.
3) It is a mitzvah to abandon the produce of one's fields that grows inthe seventh year and to declare it hefker / ownerless, as it is written(Shmot 23:11), "And in the seventh, you shall leave it untended andunharvested, and the destitute of your people shall eat . . ."
4) All produce that grows on its own, whether on trees or in the fields, mustbe treated as hefker. One may bring from them into his house likeanything that he acquired from hefker. However, one may not lock hisgardens. One who does lock his garden or who gathers all of his produceinto his house [at one time] transgresses this positive commandment.
5) If one did guard his produce, most poskim / halachic authorities hold thatthe produce does not thereby become prohibited [although a mitzvah wastransgressed].
6) Fields that are adjacent to non-Jewish communities, like fields on theborders of Eretz Yisrael, may be guarded so that they will not be looted.In such a case, it appears [R' Tukochinski writes] that one may bring morethan his immediate needs home at one time; however, one should harvestwith a shinui / a change from the ordinary method. Of course, even insuch a field, one must let any Jew take from the produce.
7) It is a mitzvah to treat the produce of shemittah with sanctity and notto market or waste it. This is learned from the verse (Vayikra25:6), "The Sabbath produce of the land shall be yours to eat," [i.e., toeat, but not to market or waste]. This mitzvah includes the requirementto destroy all of the remaining produce at a certain time, for the nextverse continues, "And for your animal and for the beast that is in yourland shall all its crop be to eat." [Ed. note: From here our Sages learnedthat each type of produce of the shemittah may be eaten only so long as itis found in the wild. This mitzvah, called "Biur," will be discussed in afuture issue.]
8) The fourth commandment is not dependent upon the Land. It is toforgive outstanding loans at the end of the shemittah year. [This, too,will be discussed in a future issue.] ********
More "Ma'aseh Rav" from the Diaries
In addition to the historical interest of Eleh Masei, subtitled "A Journalof the Journey of the Rabbis, Members of the Committee to Raise the Crownof Judaism in Our Holy Land, Who Toured All the Settlements of Shomron[Samaria] and Galil [Galilee] in the Winter of 5674 [1914]," the work fromwhich we have been presenting excerpts this past year is significant as asource of reliable information about the halachic practices of some of theleading Torah figures of early 20th-century Eretz Yisrael, especially R'Avraham Yitzchak Hakohen Kook z"l, later Ashkenazic Chief Rabbi of theHoly Land, and R' Yosef Chaim Sonnenfeld, z"l, later Chief Rabbi of theEidah Ha'chareidit in Yerushalayim. Such halachic rulings, derived notfrom the express rulings of Torah scholars, but rather from their actions,are referred to as Ma'aseh Rav / action of the rabbi. We presented someexamples two weeks ago, and below are some additional ones.
In Teveryah, R' Kook, who was a kohen, did not enter the place commonlyreferred to as the grave of Rabbi Meir Ba'al Ha'nes. [Even though thereare authorities who maintain that the graves of tzaddikim do not generateritual impurity and there are others who maintain that nobody is buried inthe "grave" of Rabbi Meir Ba'al Ha'nes - at least not a Jew - R' Kookacted stringently.]
In Poriah, the rabbis praised the actions of the settlers, who caught anArab thief and turned him over to the governing [non-Jewish] authoritiesrather than taking the law into their own hands. The rabbis noted theirawe of the settlers who, because it was late at night when the thief wascaught, gave him dinner and a comfortable bed for the night.
Upon leaving the settlement of Merchaviah, the rabbis opted to travel inthe less comfortable and less dignified wagon owned by a Jew over thenicer wagon of a non-Jew. [By so doing, they fulfilled one or both of thefollowing mitzvot: (1) doing business with a Jew; and (2) giving charity,since the wagon driver likely was poor, and the highest form of charity isto give someone a job.]
[Finally, one of the participants in the rabbis' tour, R' Ben Zion Yadlerz"l, recorded in his own diary that R' Sonnenfeld would get down from thewagon from time-to-time and walk alongside because, he explained, walkingin Eretz Yisrael is itself a mitzvah.]

Parashá Shoftim

Rabino Kalman Packouz

GOOD MORNING!

This week is Rosh Chodesh Elul (August 14 and 15), the beginning of the Hebrew month of Elul. This means that there is one month and counting to Rosh Hashanah (Wednesday evening, September 12th). Many people might ask, "So, what?" or might think, "Thanks for the reminder to buy a brisket!" However, the answer to "So, what?" is that we have one month to prepare for Rosh Hashanah ... and Yom Kippur.


___Why would one want to prepare for Rosh Hashanah? Rosh Hashanah is the day of judgment when the Almighty decides "Life or death, sickness or health, poverty or wealth." Does it make sense to prepare for a day of judgment? You bet! However, for many it has the same emotional impact as their cardiologist telling them that they need to lose weight to avoid heart attacks and strokes ... a wonderful idea between meals!


___There is a tremendous benefit to living in Miami Beach. It's a hurricane zone. Around May you get the annual predictions - 21 tropical storms, 11 hurricanes, 7 major hurricanes. They actually have ways of measuring, correlating and predicting the number and size of storms. At the beginning of the season we start buying bottled water and batteries to prepare. We put a new battery in the weather radio which broadcasts the position and strength of the storms. We even have a chart where we mark off the present location of storms out there in the Caribbean.


___Why is living in a hurricane zone a benefit? It teaches you a very important lesson: Be real with life! Usually, the weather bureau (N.O.A.A. - National Oceanic and Atmospheric Administration) gives a week's heads up. You know that in 7 days a Force 3 or 4 or 5 hurricane will hit. You generally know for sure whether it will hit land, you just don't know whether for sure it will hit YOU until perhaps a day or a few hours before landfall.


___What happens during that week? The hardware store sells out all of its plywood (used for covering windows) and batteries. They have to make special shipments from neighboring states! The grocery stores shelves are cleared out or seriously diminished of canned goods and water. People are scrambling to buy generators to provide electricity needed to keep the lights on, fans going and the refrigerator and freezer working. There is a mad dash for last minute preparations because the STORM IS COMING!


___What's the difference between a hurricane and Rosh Hashanah? The hurricane MAY hit your area; Rosh Hashanah DEFINITELY will touch you!


___So, if one believes in a God who has set a standard for behavior and observance in the Torah and who will judge us, does it make sense to make some preparations? You bet!


___How can one prepare for the Day of Judgment? Here are:



10 THINGS YOU CAN DO
TO PREPARE FOR ROSH HASHANAH



Take a spiritual accounting.
Each day take at least 5 minutes to review your last year: (a) your behavior with family, friends, associates and people with whom you've interacted, (b) your level of mitzvah observance.


Attend a class
or classes at a synagogue, Aish center, a yeshiva on how to prepare. Read articles on aish.com and listen to world-class speakers on aishaudio.com. Buy the Artscroll book Rosh HaShanah.


Study the Machzor
(Rosh Hashanah prayer book) to know the order of the service and the meaning of the words and prayers. You can buy a copy of the Rosh Hashanah Yom Kippur Survival Kit, by Rabbi Shimon Apisdorf (available at your local Jewish bookstore, at http://www.judaicaenterprises.com or call 877-758-3242).


Make sure that you
have given enough tzedakah (charity) and have paid your pledges (One is supposed to give 10% of his net income). It says in the Machzor that three things break an evil decree - Teshuva (repentance), Tefilla (prayer) and Tzedakah (charity). Why not maximize your chance for a good decree?


Think of (at least) one person
you have wronged or feel badly towards - and correct the situation.


Make a list
of your goals for yourself and your family - what you want to work towards and pray for.


Limit your pleasures
- the amount of television, movies, music, food - do something different so that you take this preparation time seriously. Then, increase your Torah learning!


Do an extra act of kindness
- who needs your help? To whom can you make a difference?


Read a book
on character development - anything written by Rabbi Zelig Pliskin would be great!


Ask a friend
to tell you what you need to improve. A real friend will tell you ... but in a nice way!


Torah Portion of the Week

Shoftim


___Topics in this week's portion include: Judges and Justice, Sacred Trees and Pillars, Blemished Sacrifice, Penalties for Idolatry, The Supreme Court, The King, Levitical Priests, Priestly Portions, Special Service, Divination and Prophecy, Cities of Refuge, Murder, Preserving Boundaries, Conspiring Witnesses, Preparing for War, Taking Captives, Conducting a Siege and the Case of the Unsolved Murder.



___This week we have the famous admonition: "Righteousness, Righteousness shall you pursue, so that you will live and possess the Land that the Almighty your God, gives you" (Deut. 16:20).

* * *

Dvar Torah
Growth Through Torah
Rabino Zelig Pliskin


___The Torah states:


"Do not erect a 'matzaivah' (a pillar of one stone upon which to bring an offering)." (Deut. 16:22)



___What lesson for life can we learn from this verse?


___Rabbit Tzvi Elimelech Shapiro of Dinov commented: There are people who are rigid and inflexible. They have certain habits and customs and are unwilling to deviate from them. However, this is a mistake. This day is not similar to any previous day, and no two situations are exactly alike. What is the right thing to do in any situation is dependent on all the unique circumstance of that situation. This can be understood from our verse. Do not erect a way that is rigid or stubbornly unbending regardless of the situation ('matzav' - which has the same root as 'matzaivah' - means 'situation'). Rather, you should always take action according to the needs of that particular moment.


___What could be a mitzvah (proper behavior) in one situation, could be a transgression in another situation. At times a certain act could be a Kidush HaShem (a sanctification of God's name), and in other situations where some factors are a bit different, similar behavior would constitute a Chilul HaShem (a profanation of God's name).


___A person who does things compulsively without wisdom will make many mistakes. Only someone who has a grasp of the full panoramic view of Torah principles will have the necessary wisdom to judge what is the correct thing to do in every situation. The more Torah you learn the greater will be your ability to make distinctions between different situations.


* * *

HOW TO STAY SAFE IN THE WORLD TODAY



Avoid riding
in automobiles because they are responsible for 20 percent of all fatal accidents.


Do not stay at home because 17 percent of all accidents occur in the home. (that's 37 % already)


Avoid walking
on streets or sidewalks because 14 percent of all accidents occur to pedestrians. (now that's 51%)


Avoid traveling
by air, accidents involve these forms of transportation. (that's 67%)


Of the
remaining 33 percent, 32 percent of all deaths occur in hospitals. Above all else avoid hospitals.


___You will be pleased to learn that only 0.01 percent of all deaths occur in a synagogue, and these are usually related to previous physical disorders.


___Therefore, logic tells us that the safest place for you to be at any given point in time is in Synagogue services. Torah Study is even safer. The number of deaths during Torah Study is too small to register.


___For safety's sake, go to Shul as often as possible, and attend Torah Study. It could save your life!





CANDLE LIGHTING - August 17
(or go to http://www.aish.com/shabbat/candlelighting.asp)


Jerusalem 6:46
Guatemala 6:09 - Hong Kong 6:35 - Honolulu 6:42
J'Burg 5:30 – KOAH Porto 8:01 - Los Angeles 7:20
Melbourne 5:28 - Mexico City 7:45 - Miami 7:38
New York 7:34 - Singapore 6:56 - Toronto 8:01




QUOTE OF THE WEEK:

What you are afraid of is never as bad as what you imagined .