PHILOTORAH



May HaShem protect our soldiers and the hostages;  may He send 
Refu'ah Sh'leima to the many injured; may He console the bereaved
families and all of Israel, may He end this war with success and
peace for Medinat Yisrael and Klal Yisrael wherever they are.



YERUSHALAYIM in/out times for D'VARIM-CHAZON


6 Av 5784  <>  August 9-10, '24


6:53PM <> PLAG 6:05PM  <<>>  8:07PM <> R' Tam 8:45PM


For other locales, click on the Z'MANIM link



CALnotes
Kiddush L'vana

Many have the custom of waiting to say Kiddush L'vana for Av until after Tish'a b'Av.

However, Minhag Yerushalayim, based on the opinions of the Vilna Gaon, is to not postpone saying KL, but rather to take the first opportunity after three full days (72 hours) after the molad.

Therefore, with the molad of Av being Monday, 2:39am Israel Summer Time, the first op for KL is Thursday evening, August 8th (eve of 5 Av).

FYI - there are two other months for which the widespread practice is to postpone Kiddush L'vana: Tishrei, many people wait until after Yom Kippur; Sivan, many people wait until after Shavuot. For these months, as well, Minhag Yerushalayim is not to wait, but to say KL from 72 hours after the molad.

If possible, those saying KL on Motza'ei Tish'a b'Av should break their fist before KL. (It usually won't work out that way unless someone breaks a drink or cookies for after Maariv.)

Note that some people wait until after the 10th of Av because of the AVEILUT that continues until noon of the 10th. 



Shabbat Chazon

See separate link for a REVIEW of Shabbat Chazon and Tish'a b'Av



Day by Day in Jewish History by Abraham P. Bloch (1983)

29 Tamuz - Yahrzeit of RASHI - R' Shlomo Yitzchaki, 1105.

Annual fast day of the Chevra Kadisha of Dubno, Poland. Date chosen to commemorate the deaths of 400 infants in an epidemic, 1729.

The entire Jewish male population of Grodz, Lithuania, was executed by the Nazis, 1941.

1 Av - Yahrzeit of Aharon HaKohen. This is the ONLY yahrzeit mentioned in the Torah. Interestingly, it is not recorded when Aharon died, in Parshat Chukat, but only in Parshat Mas'ei when mentioning Hor HaHar. That places the mention of his yahrzeit on or close to Rosh Chodesh Av.

There is a tradition that the yahrzeit of his son, Elazar HaKohen, is also on R"Ch Av.

2 Av - The Inquisition was established in Rome by Pope Clement IV, 1267. Brings additional meaning to MISHENICHNAS AV MIM'ATIM B'SIMCHA.

French police rounded up 13,000 Jews in occupied Paris, 1942, including 4500 children, for deportation. Only 30 adults survived the round up.

3 Av - 10,000 Jews of Polannoe massacred, 1648, Chmielnicki.

Important date in American Jewish History. Marks the beginning of mass immigration of East European Jews, 1881.

4 Av - Nechemiya began building a wall around Yerushalayim, 444BCE.

The Jewish male population of Aniksht, Lithuania, was executed by the Nazis, 1942.

The Jews of Vilkovishk, Lithuania, were exterminated by the Nazis, 1942. 

5 Av - Yahrzeit of the ARI-Z"L, R' Yitzchak Luria, 1572.

Yahrzeit of R' Chayim Ozer Grodzinski, 1940.



VERY IMPORTANT

Rejoice with Jerusalem and exult in her all those who love her: rejoice with her a rejoicing, all who mourn over her.


From here (this pasuk) they said: All who mourn over Jerusalem, will merit to see her joy; and he who doesn't mourn over Jerusalem, will not see her joy. - Taanit 30b



D'VARIM - CHAZON

44th of the 54 sedras; 1st of 11 in D'varim

Written on 196.5 lines (rank: 26th)

5 parshiyot; 1 open, 4 closed

105 p'sukim - ranks 32, 6th in D'varim
tied with Chayei Sara, but larger

1548 words - ranks 26th, 6th in D'varim

5972 letters - ranks 24, 5th in D'varim
tied with Vayeishev, but smaller

Jump in rankings from p'sukim to words & letters due to relatively long p'sukim



MITZVOT

2 mitzvot - both prohibitions

One of only three sedras that have only prohibitions (LO TAASEI). Vayishlach and B'shalach are the other two, with one LAV each.



Aliya-by-Aliya Sedra Summary

[P> X:Y (Z)] and [S> X:Y (Z)] indicate start of a parsha p'tucha or s'tuma. X:Y is Perek:Pasuk of the beginning of the parsha; (Z) is the number of p'sukim in the parsha.


Numbers in [square brackets] are the Mitzva-count of Sefer HaChinuch AND Rambam's Sefer HaMitzvot. A=ASEI; L=LAV (prohibition). X:Y is the perek & pasuk from which the mitzva comes.



Kohen - First Aliya - 11 p'sukim - 1:1-11

[P> 1:1 (47)] The opening p'sukim of D'varim clearly identify time and place. The entire book takes place in Arvot Moav (last place of encampment before entry into Eretz Yisrael) and begins on Rosh Chodesh Sh'vat in the final year of wandering. 

Several places that are mentioned in these p'sukim are considered by the commentaries to be allusions to events that occurred during the previous 40 years rather than being actual locations. The events include the golden calf, the rebellion of Korach, the complaint about the manna, and the sin of the spies. These, plus the explicit discussion of the "Sin of the Spies", are part of Moshe's reproach and warning to the People. 

Note that the only 'sin' of the Midbar to be detailed in Parshat D'varim is Cheit HaMeraglim, which occurred on Tish'a b'Av, and set the tone for the future Tish'a b'Av. We always read this sedra right before Tish'a b'Av.

Moshe also tells the People of the victories over Emori and Cheshbon. This, to give them confidence for the difficult period they will face upon entering the Land. 

We find the first of many references to the purpose of the existence of the Jewish Nation is made - to live (according to G-d's laws) in the Land that G-d had promised to our ancestors. D'varim 1:8 says: 

See that I have presented you the Land; come and take the Land that G-d promised your ancestors He would give to them and their descendants.

Rashi's comment: Had we not sent Meraglim to spy out the Land, we would have been able to march in and take it without a weapon, without a fight, without 7 years of battles. 

That living in Eretz Yisrael is an integral part of a Jew's life is first set down at the Burning Bush, G-d's first prophecy to Moshe Rabeinu. G-d says that He will go into Egypt to take the People out and bring them up to a good and expansive land, a land flowing with milk and honey... In the same verse that He tells Moshe of His intention to take the people out of Egypt, He tells Moshe to where He is taking us, where He wants us to be. In one single verse, the purpose of our Nationhood is set.

In last week's sedra, the connection between the people and the Land comes in the form of a command. 

Here in D'varim, Moshe tells the new generation of the "invitation" that was extended to them by G-d, to go into Eretz Yisrael. There will be various other ways the same idea is expressed, but it is important to keep in mind that living in Eretz Yisrael is a mitzva, the fulfillment of our national destiny, AND it is R'TZON HASHEM, G-d's Will. This point is made over and over again. All we have to do is do it.

SDT: (Actually, this is an LDT): Within the opening 5 p'sukim of D'varim, there is a repetition of sorts in telling us that Moshe Rabeinu spoke to the People. The Vilna Gaon and others point out that the Book of D'varim can be divided into 3 parts, as indicated by the wording of the opening p'sukim: "These are the words that Moshe spoke to all Israel..." (pasuk 1). This can refer to the first three sedras of the book wherein we have a general review of the brief, but action-packed and significant history of the People to date. In addition, these sedras contain a restatement of the principles of Judaism in the form of the Aseret HaDibrot and the first two passages of the Sh'ma. The mitzva of Benching after a meal - and all brachot before and after food - are also part of the foundation of Torah Life that Moshe is presenting (reviewing) with the People. So too is davening "commanded" in this first section of D'varim. Also expressed in this opening section of D'varim is the integral link between the People and the Land of Israel. These sedras contain relatively few mitzvot, but they do contain the "basics of Judaism", its foundations, and the history of the birth (and infancy) of the Nation - which Moshe reviews with "all of Israel".

The following three sedras (R'ei, Shof'tim, and Ki Teitzei) contain 170 mitzvot, the greatest concentration of mitzvot anywhere in the Torah. "...Moshe spoke to Bnei Yisrael of all that G-d commanded upon them" (pasuk 3). After laying the foundation of Judaism, Moshe will present the essence of day-to-day life as a Jew - mitzvot of all kinds, between the Jew and G-d, interpersonal mitzvot, mitzvot linked to the Land, general mitzvot.

The final section of D'varim, the last 5 sedras, again contains relatively few mitzvot. But it does contain the basis of understanding what being a Jew means. In these sedras we have the admonition against forsaking the Torah, the concepts of Free Will, Reward and Punishment, Repentance, and the Chain of Tradition. "...Moshe began to explain [HO'IL MOSHE BEI-EIR] this Torah saying:" (pasuk 5)

I, says Moshe, told you (and G-d) that I could no longer handle the leadership by myself. G-d has increased your population greatly; you are today like the stars of the heavens.

On Shabbat, the first Aliya is ended one pasuk early to avoid beginning the second portion with the word EICHA - a word that we will meet again in the haftara of Chazon and then on Leil Tish'a b'Av - several times - in the book of Eicha. We will thus be reading the word EICHA from all three sections of Tanach - Torah, Nevi'im, K'tuvim.



Levi - Second Aliya - 10 p'sukim - 1:12-21

Moshe tells the People again that he had reached a point where he was too weary to lead the People alone, and that he (at G-d's command) designated the leaders of the Tribes as judges of the People. 

Judges are to be selected for their Torah knowledge and other appropriate qualities. It is forbidden to appoint a judge for "the wrong reasons" (wealth, charisma, connections - without the important qualities in place) [414, L284 1:17]. Judges must be fair and impartial and must not be afraid to render proper judgments [415, L276 1:17]. Moshe retained the role of final authority on difficult matters. 



MITZVAnotes

Even though these two mitzvot are primarily directed towards the leaders of the people whose task it is to choose judges and towards the judges themselves, respectively, there is an element of each mitzva that applies to each and every Jew. Every so often, we each can be in the position of choosing someone to fulfill a task. Perhaps a communal function, a teacher, youth leader... whatever. For any of these choices, there are right reasons and motivations and wrong reasons and motivations to guide our choices. This mitzva [414] commands us to always choose based on the proper criteria. 

And many people find themselves in the position of making a judgment call. We must not be afraid to make a just decision, even in the face of possible unpleasant ramifications.

What was just said about these two mitzvot can apply to the many other mitzvot related to the justice system. There are formal judges, and then there are the rest of us who are put into the judge's chair as parents, employers, co-workers, teachers, students, friends, et al.

Once again, Eretz Yisrael is shown as the main focus and the People are urged not to fear what lies ahead.

On the phrase from 1:16 - Hear it among your brothers and judge fairly - the Gemara teaches us that judges may not hear one party to a case without the other present.

In the same pasuk, the reference to the convert in the context of judging teaches us that conversion to Judaism must be done by a Beit Din. The Gemara states that if a non-Jew decides on his own that he is Jewish, this does not constitute conversion. A Beit Din and fulfillment of halachic steps are required.



Shlishi - Third Aliya - 17 p'sukim - 1:22-38

Moshe next recounts for the new generation, the episode of the spies.

SDT: Parshat D'varim was "made" to be read on the Shabbat before Tish'a b'Av... 

The mishna states that one of the tragedies marked by Tish'a b'Av - the first one, the one that gave Tish'a b'Av its dark character - was the decree against the (adult males of the) "Generation of the Wilderness". The sedra serves as a reproach for our poor attitudes and lack of commitment to the Land. It is as if G-d is saying to us: "Do not continue in the ways of that generation. Reverse the effect of that terrible punishment by heeding the call of Kalev and Yehoshua." When we, the Jewish People of today, succeed in "repairing" the negative attitudes and actions of the generation of the spies, the generation whose sins caused the destruction of the first Mikdash, the generation whose gratuitous hatred and Lashon HaRa caused the destruction of the second Mikdash, then we will merit and be privileged to rejoice in the building of the third Beit HaMikdash, the restoration of Jews all over the world to this Land, and the spreading of Torah values and commitment to mitzvot to all of Klal Yisrael. D'varim and its message of the significance of Eretz Yisrael and the reminder of G-d's terrible anger against those who denigrate the Land of Israel is the "perfect" introduction to 9Av. Amazing, is it not, how relevant this message is today. "Behold, I have set the Land before you; go in and possess the Land..." May we be deserving (and even if not deserving) to live in peace in all the Land of Israel, with all the People of Israel, according to the Torah of Israel.

Notice specifically, that of all the negative things done by the generation of the wilderness, it is only the Sin of the Spies that is spelled out in detail rather than in REMEZ (hint) form. It has more details (with differences) than we find back in Parshat Sh'lach. Everything else is scant hint and held for later review, if at all. 

The Book of D'varim says over and over again that the Meraglim were wrong. They believed that the miraculous environment of the Wilderness was perfect for a Torah way of life. Not so. Moshe repeatedly tells us that Eretz Yisrael is the "real" place for the People of Israel. 

OBSERVATION... Comparing Moshe's account with the original text in Sh'lach yields some interesting differences. Perhaps, most strikingly, is the blame Moshe takes upon himself. He even says that G-d banned him from Eretz Yisrael because of the Meraglim incident (when the Torah tells us that it was because of the hit instead of speak the rock incident). 

On another note... It is clear that the original purpose of sending the men into the Land was to determine the best way to enter it and which border cities would be best to attack first. It is equally clear that the purpose was NOT to decide whether to go or not. This is the major element of the Sin of the Spies and the people's reaction to their words. And it is clear that Moshe's approval of the idea was based upon the "proper" motive for sending the scouts in the first place and not for the way it turned out.

This idea is applicable to our times. A pilot trip to Israel should not be to decide whether or not to live in Israel. That is determined for us by G-d's command to live a Torah Life in Eretz Yisrael. It should be for determining how best to make Aliya. Making Aliya should be the given.

Moshe shares the blame with the spies and announces that he had approved of the suggestion to send them. He explains what had happened as a result of the spies' report. Moshe's arguments (and those of Kalev and Yehoshua) were unsuccessful in calming the people's panic. As a result, G-d decreed that none of the adult males (except for Kalev and Yehoshua) would enter the Land. Moshe tells them that he too was banned from entering the Land. It is to be Yehoshua who will lead the People henceforth. 

We can see the special qualities of a true leader of the Jewish People. Moshe Rabeinu did not leave the blame for the Sin of the Spies with the people. He shouldered some of it (a lot of it) himself.



R'vi'i - Fourth Aliya - 9 p'sukim - 1:39-2:1

As Moshe Rabeinu is telling the new generation what has happened, he is continually warning them against repeating the blunders of their predecessors. It is specifically this new generation that the previous one worried about. They cried that their children would be orphans. Those same children are now the one's about to enter the Land. 

Moshe also tells them of the tragic results in the People's attempt to go into the Land against G-d's wishes. It won't work without G-d's help; it cannot fail with His help. This is the lesson of more that 3300 years ago; this is the lesson for today.

SDT: Rashi records a tradition that the People of Israel spent 19 years - half of the wandering time - in one location, Kadesh. The actual wandering was much less than 40 years. On the other hand, there were places in which the people only spent a day or so.

As many times as Moshe repeated the story and lessons to be learned from the Sin of the Spies, to the people of that generation, these same stories and lessons have been repeated countless times for the benefit of each and every Jew throughout the generations. Why does the Torah tells us to Remember the Shabbat day and make it holy? To remind us that it is important to make Kiddush as Shabbat begins and say Havdala as it ends, and to honor and sanctify the Shabbat in many other ways. Why tell us about Cheit HaMeraglim? Because it is an important reminder for us about the significance of Eretz Yisrael in G-d's Plan for the people of Israel.



Chamishi - 5th Aliya - 29 p'sukim - 2:2-30

[S> 2:2 (6 + 12/17 - there is a parsha-break in the middle of 2:8)] The People next turned northward and were warned not to fight with the people of Eisav, for their land is theirs as an inheritance. Only purchasing food and water for their journey past Eisav's territory would be permitted.

[S> 2:8 (5/17 + 8 p'sukim; this parsha begins in the middle of a pasuk)] They turned (from Edom) and headed towards Mo'av. Moav's territory was also placed off-limits because it was an inheritance for the descendants of Lot. 

Various peoples are named for the different lands in the area. 

The wandering took 38 years until G-d told the People to cross into the territory of Amon and Moav, but without fighting there. Both Edom and Amon/Moav had fought for their land as Israel will be doing soon.

[S> 2:17 (14)] Next, the people passed Amonite territory. Here too they were not allowed by G-d to fight against the Amonites. Sichon the Amorite was not so fortunate. He was offered peace - same terms as with Eisav's people - but he rejected it, clearing the way for Israel to successfully conquer his land.

[This is reminiscent of the future (yes, we know that it usually is the other way around), Israel's victory in the Six Day War. Israel said to Jordan, that if it stayed out of the conflict, Israel would leave it alone. Jordan decided to attack (whatever their reason) and as a result, all of Jerusalem, and Yehuda and Shomron ended up back in our hands. If that is part of Eretz Yisrael - which it is, and we got that land in a war we were fighting for survival - not an aggressive war of conquest, then why should we give up even one square centimeter of our Land? Population problems? Let's solve them in a way that is NOT self-destructive. Not so easy when the population around us and in our midst is taught to hate us.]



Shishi - Sixth Aliya - 21 p'sukim - 2:31-3:14

[S> 2:31 (29)] Moshe continues his narrative with the details of the victories over Sichon and his land. Og, king of Bashan, also fell to Israel. Moshe describes the conquered lands that have been promised to the tribes of Reuven, Gad, and half of Menashe.

The victories on the East Bank of the Jordan helped build Israel's confidence for the difficult times to come upon crossing the Jordan into Eretz Yisrael. This new generation, the children of slaves, needed the multifaceted preparation that the years of wandering provided, in order to be able to succeed in their conquest and settling of the Land.



Sh'VII - Seventh Aliya - 8 p'sukim - 3:15-22

The description of the "East Bank" land continues. Moshe repeats the instructions to the 2 tribes for settling their territory. Only after the successful conquest and settlement of the Land of Israel, will these men be permitted to return to their families and cities. Moshe has commanded Yehoshua to note well the victories to date and not to fear what is to come. 

The last 3 p'sukim are reread for the Maftir. The custom is to call the Rav of the community or a prominent member of the congregation to Maftir Chazon (not a rule, but a common practice).



Haftara - 27 p'sukim - Yeshayahu 1:1-27

This is the third of the haftarot of Tragedy. The prophet speaks of the accumulation of terrible sins and acts of unfaithfulness to G-d which lead to the destruction of Zion and Jerusalem. This haftara is 'perfectly' suited to precede Tish'a b'Av. Most of this haftara is read in the melody of Eicha, rather than the regular haftara melody. The final p'sukim switch to the regular haftara melody because they contain the promise of an end to exile and the rebuilding of Zion and Jerusalem in a mode of justice and righteousness. This bright note is appropriate for Shabbat, in contrast to the main part of the prophecy which Shabbat has no choice but to tolerate, so to speak, since it is right before Tish'a b'Av.

Yeshayahu contrasts the people of Israel, who had become unfaithful to G-d, with animals, who instinctively acknowledge their owners. "An ox knows its owner and a donkey recognizes its owner's pen." In an allusion to this pasuk, the Yerushalmi tells the story of Rabbi Yochanan ben Torata who sold his ox to a non-Jew. The ox refused to work on Shabbat, until Rabbi Yochanan whispered in its ear that it was now owned by a non-Jew and must work on Shabbat. Which it then did. There is also the story of the donkey of Rabbi Pinchas b. Yair. These stories give us insight into the harsh criticism of the People of Israel who repeatedly "do not know" their Creator. Loyalty to a master is one of the many lessons we must learn from (some) animals.



The five HA sedras: HaMishpatim, HaSh'mini, HaM'tzora, HaMatot, HaD'varim



Bringing the Prophets to Life

Weekly insights into the Haftara

by Rabbi Nachman (Neil) Winkler

Author of Bringing the Prophets to Life (Gefen Publ.)


D'varim-Chazon - 27 p'sukim, Yeshayahu 1:1-27


Better Than We Were?


Over these past two articles in which we discussed the first two of the T'LAT D'PUR'ANUTA - three chapters of tragedy, we focused on the prophetic personalities, comparing Yirmiyahu to Moshe Rabbeinu and contrasting Yirmiyahu to Yishayahu. As we turn to the third selection of these haftarot, the one taken from Sefer Yishayahu, I feel it necessary to clarify what some may have considered my "misrepresentation" of the holy navi, Yishayahu. In developing the personality of Yirmiyahu as an OHEIV YISRA'EL, one whose love for Israel could be found in the very tenor of his words of censure - I compared his opening messages to the rather harsh opening prophecies of Yishayahu - I may have given you the impression that Yishayahu was not such an OHEIV YISRA'EL (chas v'shalom). 

Nothing could be further from the truth.

As the next seven haftarot of consolation, the SHIVA D'N'CHEMTA (all selections from Sefer Yishayahu) can unquestionably affirm, that he was the "Prophet of Comfort". As such, it would be blasphemous to even suggest that the prophet lacked any love or sensitivity to his people. And, if so, why were his opening condemnations so severe in tone?

I would submit that the dissimilarities between the messages of the two great seers are based upon the different eras in which they functioned and the clear distinctions between the respective communities they addressed.

Yishayahu began his service during the Assyrian invasion of Israel that, soon led to the exile of the northern tribes. The collapse of the ten-tribe monarchy was of no surprise to the navi. Sefer M'lachim records twenty Judean kings who ruled after the division of the kingdom, of which eight were considered righteous (YASHAR B'EINEI HASHEM). It also records twenty Israelite kings in the northern kingdom of which NOT ONE was considered YASHAR B'EINEI HASHEM. Unquestionably, the moral corruption of the leadership in Shomron (northern kingdom) defined the kingdom's very culture - and made the presaged exile become a reality.

Although Yishayahu prophesied to both populations, he witnessed, in his early years, the downfall of the ten tribes and saw their exile as a clear warning to Judea of what could befall them. In reviewing the first half of our haftara, I sense that many the navi's words of censure focus upon the immorality of the northern Kingdom of Shomron. The depiction of Israel as being rebellious, sinful and corrupt describes well the behavior of the north who had been worshiping false deities since their first King, Yerov'am, set up two golden calves in Dan and Beit El. In contrast, the kingdom of Yehuda at that time, had been ruled by a series four righteous kings, Yeho'ash,  Amatzya, Uziyahu and Yotam, a period of over one-hundred years! It is difficult to imagine that Yishayahu would have described that community as being "weighed down by iniquity", "an evil offspring" or a nation that had "forsaken G-d". 

In the second part of the haftara, however, Yishayahu directs his harsh warnings to the southern kingdom, calling out against BAT TZIYON, "Zion".  It is here that the prophet decries their sacrifices as meaningless, their Temple services as abominations and that their prayers were fruitless for their hands were "covered with blood". Clearly, these horrors reflect events that centered around Yerushalayim and the Beit HaMikdash, and the navi's cry: EICHA HAY'TA L'ZONA - KIRYA NE'EMANA - "How has the [once] faithful city become adulterous?" is an obvious reference to Jerusalem.

This non-dated, book-opening prophecy, one that is widely accepted as actually being a later nevu'a, might be seen as a combination of two different visions given at different times, thereby explaining the dual-focused messages. However, I believe that it was one directed specifically at the Judean nation of the latter years. Yishayahu introduces his condemnation by depicting the fate of their corrupt, exiled brethren, in the hope of awakening the people to understand how Hashem's sees them, to have them step back and realize that, though they may regard themselves as the chosen nation for worshiping in His House… G-d considers them no better than their exiled brothers!  

It is for this reason that the ancient scholars chose this perek to be a "wake-up" call on this Shabbat before Tish'a b'Av. And when we look back upon the sins of past generations, perhaps we should contemplate: "Are we any better?" 

Or, even, are WE really any better than WE once were? 



ParshaPix explanations

The fun way to go over the weekly sedra with your children, grandchildren, Shabbat guests

Matot-Mas'ei

<> and three Unexplaineds

The army (IDF) flak jacket is called an EIFOD. Chaniel ben Eifod was the nasi of Menashe.

Two and a Half Men is a TV sitcom. For M&M, though, it represents the two and a half tribes to be settled on the east side of the Jordan River. Extra touch: MEN is half of MENASHE

Rhyming royalty are TZUR and CHUR, two of the five kings of Midyan killed by the Israelite army. Side point: If the full fighting force of Israel was over 600,000 men, then the 12,000 who fought against Midyan are truly an Israel-lite army.

D'varim

Speech-bubble contains the main elements of what Moshe said to the People: the travels from Egypt to Eretz Yisrael... victories of the People in several battles (the V for victory hand signal), and about Torah and Mitzvot that are the essence of Jewish Life <> the letter D marked 24K stands for DI ZAHAV <> Judge's gavel flanked (above & below) by two negation circles, relates to the prohibition of appointing judges for the wrong reasons - not because of wealth, nor out of fear or threats. Furthermore, a judge may not be afraid of threats (e.g. the gun) <> Arrows indicating DO NOT ENTER to the right and the left, permitting only straight ahead, for the two instances we approached nations for permission to pass through their land <> Spies carrying the cluster of grapes stands for one of the major elements in the sedra - Moshe's recounting of CHEIT HAMERAGLIM <> Casper the Ghost with the SF Giants logo is a play on the pasuk (2:11), The REFA'IM (ghosts in modern Hebrew; warriors or mighty people in the Biblical context) can be considered giants (or vice versa) <> Silhouettes of bull and donkey are from the pasuk at the beginning of the haftara in which the prophet contrasts us unfavorably with the animals. The bull knows his master and the donkey, his feeding trough <> computer keys emanating from a button = D'varim 2:23 - KAFTORIM HAYOTZ'IM MIKAFTOR <> Stars at the top = Moshe's description of the size of the nation: G-d has caused you to multiply and here you are as numerous as the stars of the heavens <> character with question mark covering his face is for LO TAKIRU PANIM BAMISHPAT (D'varim 1:17) <> bent arrow pointing north as in D'varim 2:3 - ...P'NU LACHEM TZAFONA, turn to the north <> Mount Hermon is for Mount Hermon, mentioned in the sedra <> so is the snowman for D'varim 3:9, which tells us that the Tzidonites called the Hermon Siryon and the Emori called it SNIR. Rashi says SNIR means snow in Ashkenaz (early form of German) and in the Canaanite language <> Moshe is telling the "new" generation (D'varim 2:7), of G-d's blessing... that going through the Midbar for 40 years... LO CHASARTA DAVAR, nothing was lacking. Literally, nothing was subtracted. Hence, 40-0 <> Anchor minus N = Anchor is OGEN. Take off the N (spelled EN) and you are left with OG <> Kazoo is for ZAMZUMIM (sounds like a kazoo sound) <> Hoe and eel, for HO'IL MOSHE BEI'EIR ET HATORA HAZOT... <> Gumby sounds like GAM BI, me too, from D'varim 1:37 <> The first name of the fellow in the lower-right is BARNEA, as in KADEISH BARNEA, the place of encampment for the longest period in the Midbar - 19 years <> MCLX are Roman numerals for 1000, 100, 50, and 10, for the officers of units with those numbers <> Lower-left is an L-shape made by two drums - it is a TOF-L. The there is Betty White (LAVAN). The X marks the spot BEIN TOFEL V'LAVAN <> The ampersand, meaning and, is made up of an E and a T, spelling ET (French and Latin for AND). ET OR (AYIN-REISH), a place the sedra tells us was given to the descendants of Lot <> The building above the anchor minus EN is the TATE museum. TEIT, spelled TAV-TAV, a word that occurs twice in the sedra. It has the highest gimatriya of any two-letter word <> The 4 x 9 grid of boxes represents the dimensions given in Parshat D'varim of the bed of OG <> and two Unexplaineds



In Memory of Rabbi Jonathan Sacks z"l


The Book of the Covenant

D'varim

As we begin reading the fifth and final book of the Torah, I would like to discuss three questions. First, why does the book of D'varim have the structure it does: a mix of history and law, recollection and anticipation?

The Sages knew that D'varim had a clear structure. Elsewhere in the Torah some rabbis used the principle of S'MICHUT HAPARSHIYOT - that we can learn something from the fact that passage Y occurs immediately after passage X. Others, however, did not, because there is a rule, EIN MUKDAM UMU'CHAR BATORAH, meaning, the Torah does not always follow a strict chronological sequence. So we cannot always attach significance to the fact that the passages are in the order they are. However, everyone agrees that there is precise order and structure in the book of D'varim. (see B'rachot 21b.) 

But what is the order?

Second: the Sages originally called D'varim MISHNEH TORAH, meaning a "second law". Hence the Latin name "Deuteronomy", which means, the second law. But in what sense is D'varim a second law? Some of the laws Moshe states in the book have appeared before, others have not. Is it a repetition of the laws Moshe received at Sinai and the Tent of Meeting? Is it something new? What exactly is the meaning of Mishneh Torah?

Third: what is the book doing here? It represents the speeches Moshe delivered in the last month of his life to the generation who would cross the Jordan and enter the Promised Land. Why is it included in the Torah at all? If the Torah is a history book, then we should proceed directly from the end of Bamidbar (the arrival of the Israelites at the banks of the river Jordan), to the book of Yehoshua when they crossed the river and began their conquest of the land. If the Torah is a book of law, then D'varim should just be a collection of laws without all the historical reminiscence and prophecy it contains. What kind of book is D'varim and what is its significance to the Torah as a whole?

A number of relatively recent archaeological discoveries have, however, thrown new light on all these questions. They are the engraved records of ancient treaties between neighbouring powers. Among them are the "Stele of the Vultures", commemorating the victory of Eannatum, ruler of Lagash in southern Mesopotamia, over the people of Umma, and that of Naram-Sin, king of Kish and Akkad, with the ruler of Elam. Both date from the third millennium BCE, before the time of Abraham.

The treaties are of two kinds: between parties of roughly equal power ("parity treaties"), and those between a strong one (a precursor of the modern idea of a superpower) and a weak one. These latter are known as "suzerainty treaties", suzerain meaning the dominant power in a particular region.

Another name for treaty is, of course, BRIT, or covenant, and we now see their significance for an understanding of Judaism. Covenant was the basic structure in the ancient Middle East of treaties between neighbouring powers. Avraham, for example, makes a brit with Avimelech, king of Gerar, at Beersheva (B'reishit 21: 27-32). So does Yitzchak (26:28). Yaakov does so with Lavan (31:44-54).

What the newly discovered treaties show is the precise form of ancient covenants. 

They had six parts. 

[1] They began with a preamble, establishing the identity of the person or power initiating the covenant. 

This was followed by [2] a historical prologue, reviewing the history of the relationship between the two parties to the covenant. 

Then came [3] the provisions of the covenant itself, the stipulations, which were often stated in two forms, [a] general principles, and [b] detailed provisions.

There then followed [4] a provision for the covenant to be deposited in a sacred place, and read on a regular basis. 

Next came [5] the sanctions associated with the covenant, namely the blessings that would follow if it was adhered to, and the curses that would occur if it is broken. 

Lastly there is [6] a statement of the witnesses to the agreement - usually the gods of the nations involved. 

The entire book of D'varim is structured as an extended covenant, on precisely these lines. This is how it works:

[1] Preamble (D'varim 1:1-1:5) Announces place, time, and person initiating the covenant that follows: Moshe, on behalf of God;

[2] Historical prologue (1:6-4:49) Moshe recapitulates the history that has brought them to where they are, mostly recalling the events described in the book of Bamidbar;

3. Stipulations - [a] (5-11) general provisions: Ten Commandments, Sh'ma, etc. Recapitulation of events surrounding the making of the covenant at Sinai. [b] (12-26) specific provisions: the details of the law, with special reference to how they are to be carried out by the people as a whole in the land of Israel;

4. Deposition and regular reading (27, 31) The law to be inscribed on stone (stele) at Mount Eival; the Torah written by Moshe and placed in the Ark; to be read in public at a national assembly by the king every seven years;

5. Sanctions: the blessings and the curses (28) Chapter 28 states the blessings and curses; chapters 29-30 the actual covenant renewal, together with a statement that even if the people break the covenant and the curses come to pass, return, t'shuva, is still possible;

6. Witnesses (30:19-32:1) "Heaven and earth" (4:26, 30:19, 31:28, 32:1), "This song" (31:19).

In other words, apart from Moshe's song and blessing of the tribes - with which the book and Moshe's life come to an end - the entire book of D'varim is a covenant on a monumental scale. We now see the extraordinary nature of the book. It has taken an ancient political formula and used it for an entirely new purpose.

What is unique about the covenant in Judaism is, first, that one of the parties is God Himself. This would have been unintelligible to Israel's neighbours, and remains extraordinary even today. The idea that God might bind Himself to human beings, linking their destiny to His, making them His ambassadors - His "witnesses" - to the world, is still radical and challenging.

Second, the other party to the covenant is not, as it was in the ancient world, the king or ruler of the relevant nation, but the people as a whole. Every Israelite, as we saw in Sh'mot 19 and 24, and throughout D'varim, is party to the covenant, and co-responsible with the people as a whole for its being kept.

From this flows the idea of KOL YISRAEL AREIVIN ZEH LAZEH, "all Jews are responsible for one another", as well as the much later American idea of "We, the people". This transformation meant that every Jew had to know the law and teach it to their children. Every Jew had to know the story of their people, reciting it on Pesach and when bringing first-fruits to Jerusalem.

This is covenantal politics, a unique form of political structure based not on a hierarchy of power but on a shared sense of history and destiny. It is a moral politics, dedicated to creating a just and gracious society that honours the dignity of all, especially the downtrodden, the poor, the powerless and the marginal: the widow, the orphan, and the stranger.

The structure of the book is now clear. It follows precisely the structure of an ancient suzerainty treaty between a strong power, God, and a weak one, the Israelites. Politically, such treaties were well known in the ancient world, but religiously this is unique. For it means that God has taken an entire nation to be His "partners in the work of creation" by showing all humanity what it is to construct a society that honours each individual as the image of God.

We now understand what Mishneh Torah means. It means that this book is a "copy" of the covenant between God and the people, made at Sinai, renewed on the bank of the Jordan, and renewed again at significant moments of Jewish history. It is the written record of the agreement, just as a ketuba is a written record of the obligations undertaken by a husband toward his wife.

We now also understand the place of D'varim in Tanach as a whole. It is the axis on which all Jewish history turns. Had the generation who left Egypt the faith and courage to enter the Promised Land, all Jewish history would turn on the revelation at Sinai. In fact, though, the episode of the spies showed that that generation lacked the spirit to do so. Therefore the critical moment came for the next generation, when Moshe at the end of his life renewed the covenant with them as the condition of their inheritance of the Land. The four previous books of the Torah lead up to this moment, and all the other books of Tanach are a commentary to it - an account of how it worked out in the course of time.

D'varim is the book of the covenant, the centre-point of Jewish theology, and the project it defines is unique. For it aims at nothing less than the construction of a society that would moralise its members, inspire others, and serve as a role model of what might be achieved were humanity as a whole to worship the one God who made us all in His image.

Around the Shabbat Table:

Why does D'varim mix history, laws, and speeches and how might this help the Israelites?

Why is it important that every Israelite is part of this unique covenant in D'varim?

How does the principle that "all Jews are responsible for one another" impact community behaviour? Can you give an example?

Y'HI ZICHRO BARUCH



Message from the Parsha - Rabbi Katriel (Kenneth) Brander

Making Judaism Our Own: Partnering with the Divine

Sefer D'varim stands apart from the other four books of the Torah, bearing the intriguing label or alternate  title MISHNEH TORAH. But what makes this final book so unique, and why does it carry this enigmatic name?

The term MISHNEH TORAH - the reiteration of the Torah, or the second Torah - referring to Sefer D'varim, appears in over a dozen sources throughout the Talmud and early Rabbinic literature. While its origin seems to stem from D'varim 17:18, its true meaning remains a subject of interest and debate among scholars.

To unravel this mystery, we must delve into the Talmudic discussions that highlight the distinctive nature of Sefer D'varim:

R. Levi said: Come and see the difference between the ways of the Holy One and the ways of humans, for the Holy Blessed One blessed the Jewish people twenty-four times and cursed them only eight times [in Sefer Vayikra] … while Moshe Rabeinu blessed them eight times and cursed them twenty two times [in Sefer D'varim]. (Bava Batra 88b)

Abayei said: [the prohibition of splitting the section of the curses into multiple aliyot] was only stated regarding the curses in Sefer Vayikra, but one may do so for the curses in Sefer D'varim. Why is this so? The former … were stated by Moshe in the name of God, while the latter … were stated by Moshe of his own accord. (Megila 31b)

Furthermore, the Zohar states, "The reason [D'varim] it is called Mishneh Torah [is due to the fact that] Moshe stated it on his own" (Va'etchanan 22).

What emerges from these Talmudic conversations and from the Zohar is that there are two models of "God-speak". The first four books of the Torah are spoken entirely by God and recorded by Moshe. This Is why the first four books of the Torah are formulated in the third person. However, Sefer D'varim is formulated and written by Moshe, with God's complete approval and veto power. 

Thus, while Sefer D'varim is still choreographed by God, Moshe plays a central role in its composition. This is why D'varim is known as a Mishneh Torah - for it is a different form of Torah of God-speak (See also Ohr HaChayim D'varim 1:1 and the Maharal Tiferet Yisrael ch. 43).

This makes it clear that both participants - God and the Jewish people - must play an active role if the Torah is to be the Eternal Book that celebrates our covenantal relationship. Without the participation of both parties, that relationship flounders - as we see multiple times in our history. We see this when Adam and Chava are passive in Gan Eden, and their relationship with God fails. The same occurs when the Jewish people are passive in the presentation of the first Luchot. They are shattered and fail to secure a covenantal bond between God and the Jewish people (see Sheilot Ut-shuvot Beit HaLevi Drasha #18). For any relationship to succeed and thrive, both participants must play active roles. Through Mishneh Torah, Moshe and God are modeling for us what a true, ongoing relationship must look like - one in which we take initiative in our Avodat Hashem and in spreading God's light, while rooted within the expansive parameters of Jewish law.

The idea of a Mishneh Torah - spoken by Moshe, approved and edited by God, and written by Moshe - is a recognition that within the parameters of Avodat Hashem there needs to be "human elbow grease", which guarantees the immortality of the covenantal commitment. That is why every Jewish king must write his own Torah, highlighting that a person's role is to partner with God, to create out of the darkness a luminous Beit Elokim (House of God).

While none of us is on the level of Moshe Rabeinu, whose words were accepted by God and incorporated into the divine Torah, the invitation and responsibility to take part in creating Torah is open to all of us, even today. We all must be ready to scribe our own type of Mishneh Torah. The new challenges of our era - interaction with Western culture, the birth of the state, shifts in the place of women in society - call for a new and renewed Mishneh Torah - deeply grounded, like Sefer D'varim, in the divine word, yet courageously focused on applying the divine message to where the Jewish people finds itself today. 

The events of the past year have only intensified this need. The swirl of emotions that has accompanied the Jewish people over these past ten months, in the face of calamity and heroism, tragedy and resilience, has pushed all of us to reassess and re-imagine what God seeks of us, and we of God. The way Sefer D'varim is vividly written, with the central role of Moshe Rabeinu in its composition, is a timeless invitation to us to move beyond passive reception of divine wisdom and to become active partners in continually applying and rescribing Torah for our own times.



PTDT - PhiloTorah D'var Torah

CHODESH TOV?

Let me answer that question, right up front. The answer is YES. On Rosh Chodesh Av and as the month unfolds, it is definitely in place to wish one another a CHODESH TOV.

Let's start with last Shabbat. In his sefer AVEILUT HACHURBAN, R' Yoel Schwartz writes that some communities did not "bench" Rosh Chodesh Av - probably because as the the month of Av enters, we diminish our SIMCHA, and that the month is considered to have a bad MAZAL.

OTOH, most communities do bench R"Ch Av, based on the idea if there is a month that needs a blessing, it's Av.

Add to that the fact that we say Hallel (with skipping) as on all Roshei Chodesh. And the Musaf contains an upbeat longing for the future when the Beit HaMikdash will be rebuilt.

There is a strong case for benching Rosh Chodesh Menachem Av.

Foitha-more (I was born and raised in Brooklyn), the mood of a bit more than two thirds of the month is NECHAMA. AVEILUT only is with us for the first nine and a half days of the month. Even on Tish'a b'Av itself, with almost all the restrictions of the day intact until after the fast is over (and some continuing until CHATZOT of the tenth), there are a few things that give us the sense of a brighter future for Tish'a b'Av and Klal Yisrael.

Lighting in shul is restored to full brightness, we sit on chairs, Tallit and T'filin, Birkat Kohanim - and the saying of NACHEIM at Mincha to allow us to look forward and not only dwell on the Churban.

Solid case for wishing each other a CHODESH TOV.

This was the topic of a WhatsApp conversation with my daughters.

My youngest, Ora, added the following idea. 

There are two months of which it is said, MISHENICHNAS... ADAR, we increase our simcha, and Av in which we diminish simcha.

Adar is marked with the concept of V'NAHAFOCH HU - the overturning of the potential disaster of the month, to become a joyous time.

So too, may we experience a major V'NAHAFOCH HU during Av, when the evil intent and actions of our enemies to become a time of victory over them. It already happened for Adar and Purim; may it happen to Av and Tish'a b'Av as well, BIMHEIRA B'YAMEINU - AMEIN. PTDT



MICRO-ULPAN: Presenting the real Hebrew words for things that Israelis Hebrew-ize English words and think they are Hebrew.
Use a blender to make a milkshake. The average Israeli will say Milkshake & Blender in a Hebrew sentence. But the real words are - KATZIF CHALAV and MAMCHEH.



Walk through the Parsha with Rabbi David Walk

THE MESSAGE & THE CONTEXT

D'varim

This week we begin the Book of D'varim, and it's a very different book than the other four in CHUMASH, our five-fold Torah. The new style is so different, novel and, even, revolutionary, that Moshe feels the need to describe this new enterprise: These are the words which Moshe spoke to all Yisrael in the Wilderness, east of the Jordan… Moshe began to expound the Torah (D'varim 1:1 & 5).

Wow! There's so much going on in that short intro. The biggest deal is that Moshe who was self-described as a 'man not of words' (D'VARIM, Sh'mot 4:10), has found his D'VARIM. Our shy shepherd has become a decisive, authoritative character. Ready to do TED Talks! 

Rav Itel Gold of Yeshivat Har Etziyon has (at least for me) a novel approach to the issue of Moshe's new personna. He avers: It becomes surprisingly clear that until the book of D'varim, Moshe did not speak very much to the people of Israel. Of course, he passed on to them the commandments that he received from God, but he rarely initiated personal speech to them. Most of Moshe's communication was with God, and less with the people… The book of D'varim brings a shift from one extreme to the other, as Moshe stops performing actions and instead initiates a long oration to the people… What caused this change? ... Moshe in effect links the failure of the first generation to the lack of discourse between him and the people… It seems that in the second generation, a new policy was created for God's leadership of the people: more words, less action.

Very cool! Moshe is the perfect pedagogue! He transforms his style and, indeed, his very personna for the educational requirements of his students. I labored in classrooms for 46 years, and I'm in awe of that accomplishment. I tried to vary my style for the diverse needs of different classes, but never changed my identity, my personna. Awesome!

Rabbi Jonathan Sacks z"l describes the transformation as only he could: Throughout D'varim, Moshe reaches a new level of authority and wisdom. For the first time we hear him speak extensively in his own voice, rather than merely as the transmitter of God's words to him. His grasp of vision and detail is faultless. He wants the people to understand that the laws God has commanded them are for their good, not just God's… Moshe's end-of-life transformation is one of the most inspiring in all of religious history. In that one act, he liberated his career from tragedy. He became a leader not for his time only, but for all time. 

All of that is so amazing and inspiring, but I'd like to discuss a different angle on a small detail of his speech's launch: Moshe undertook to expound this Teaching (verse 5). What does that mean?

There are two words in that statement which are not so easy to explain. First is HO'IL. Most translations opt for 'begin' or 'start'. The other term is BEI'EIR, and we think we know what it means. We use it to mean 'explain' or 'comment'. It seems to come from the word for a well or water source. 

The Netziv explains that BE'ER appears thrice in Tanach, twice connected to written material. So, he assumes that it really means clear, legible, understandable. Moshe is presenting the Torah in as available a manner as possible to his students, the Jewish people.

What about the word HO'IL? Most translations explain it to mean 'begin'. This is the start of Moshe's exposition of all the Torah material he has received from God. Reb Ya'akov Mecklenberg explains that the term denotes strength and clarity. Moshe was beginning to explain the Torah in a very accessible manner, available to all listeners.

The Gevia Kesef (R. Yosef ibn Kaspi, 14th c.) suggests a truly revolutionary approach. He explains that the root of the word comes from the Hebrew word AYIL, or 'ram', as in 'ram strong'. This powerful animal inspires the expression EILEI HA'ARETZ, the mighty of the land (Yechezkel 17:13). Moshe was powerfully, forcefully presenting the Torah material. Moshe's lesson was a force of nature. It would be impossible to be unmoved by Moshe's master class in Torah.

But what if we take all these wonderful ideas and just apply them from a slightly different angle. Remember the other rabbinic name for this last volume of Torah is Mishneh Torah, or the review of the Torah. It does repeat many stories and laws which have appeared before.

Maybe the entire idea which Moshe is encouraging our ancestors to think about is: Let's review everything which has happened and try to derive lessons from it about going forward.

I think that's a powerful Torah idea. 

In my experience, many Jews try to analyze Torah stories for the purpose of figuring out what's going to happen. I'm not sure that's the desired approach. We should be studying Torah with more of an eye towards understanding what has transpired. Hitler reminds me of Haman; the beginnings of the State of Israel are reminiscent of the period of Ezra. That kind of thing.

The best possible way forward begins with a better understanding of where we've been. Moshe isn't telling the Jews what's going to happen, he's reviewing what has already transpired.

This has been a tough year! Let's get ready for Tish'a b'Av next week by doing what the KINOT do: reviewing the past. We can't boldly go forward until we understand what has happened. The last ten months require a lot of analysis. 



Rav Kook Torah

by Rabbi Chanan Morrison <> www.ravkooktorah.com



Rebuilding the Temple

Uproar Over a New Yeshiva in Jerusalem

A notice posted in a small (non-Jewish) British magazine in 1921 caused a great stir in the London Zionist office. Confused, the London office dashed off a request for immediate clarification to the Zionist executive in Jerusalem.

The request caught the Jerusalem executive committee by surprise. They in turn forwarded the inquiry to the Chief Rabbi's office in Jerusalem. The inquiry quoted the magazine notice:

"A matter of great significance to the public has been reported from Jerusalem. Chief Rabbi Kook has announced that a new yeshiva or seminary will be established in the holy city, with the goal of instructing men of priestly or Levite descent regarding their Temple duties. The studies will include rites connected to the Temple sacrifices.

The rabbi believes that this matter is extremely pressing, as he is convinced that, with the state of the world at this time, the Jews will once again offer sacrifices to God. Indeed, such a possibility has been long expected by those with insight into Jewish sensitivities, knowledgeable in the prophecies of the Messianic Era." ("The Christian", Dec. 22, 1921)

The Jerusalem executive demanded a response. What was going on? Were there imminent plans to rebuild the Temple and reinstate the Temple service?

Rav Kook Responds

The reality - a small group of young men studying the Talmudic tractates that discuss the principles and laws governing the Temple service - was light-years away from the London magazine's eschatological portrayal of an academy established for the practical instruction of kohanim. And yet, from Rav Kook's written response, one senses a certain approval for the magazine's interpretation of the significance of the event. And perhaps a measure of disappointment in the reaction of the London Zionist office.

Below are excerpts from Rav Kook's dignified reply:

1. It is true that Yeshivat Torat Kohanim was established here [in the Old City of Jerusalem] with the unique goal that scholars who are Kohanim will study the Talmudic order of Kodashim, which is the authoritative source for studying all forms of service in the holy Temple.

2. Despite its secular manifestations, the Jewish people's national revival must be anchored in the nation's foundations in holiness. The inner goals of the nation need to be firmly rooted in all matters of holiness.

We must affirm at all times our eternal aspiration that the Temple be rebuilt speedily in our days - openly and with deep faith, without hesitation or misgivings.

3. It is our firm belief that the day will come when all nations will recognize that the place that God chose for all time as the site for our Temple shall be returned to its true owners. There, "the great and holy Temple" will be built, a house which will become - through the Jewish people - "a house of prayer for all the nations" (Yishayahu 56:7), as God has promised.

And even though this yeshiva is entirely and purely an institution for [theoretical] Torah study, the yeshiva's establishment nonetheless contains a subtle message to the world. The nations should not think that we have - even in a fleeting moment of despair, God forbid - conceded to relinquish our rights to the site of the Temple, the cornerstone of all holy places.

In the past, the official British committee questioned my views regarding the Temple Mount and our relationship to it. I responded that, until recently, realizing our national rights to the Land of Israel was universally viewed as an unlikely outcome. Nonetheless, Divine Providence brought about the means so that, which was improbable, became probable. We are certain that this process will continue, until all peoples will recognize the justice of our rights to our Holy Land, as it is written in Scripture.

So, too, the day will come when all nations will recognize the truth of our rights to the Temple area. All will know and recognize that the prophetic vision regarding this holy place - that "My house will be called a house of prayer for all the nations" - will only come to pass when this great and holy Temple will be established there, in the hands of its original, eternal owners, the people of Israel, God's people from time immemorial. They and no other.

Adapted from Zichron Re'iyah, pp. 201-203;  Igrot HaRe'iyah vol. IV, 1127)



Parsha Story

Stories and Parables from the famed Maggid of Dubno

by Rabbi Chanan Morrison

END OF EXILE

Tish'a b'Av

A government minister once suffered from an insolent and rebellious son named Jack. When Jack's behavior hit a new low, and he failed to show any signs of remorse, his father decided it was necessary to teach the the young man a lesson. He banished Jack from his house.

And yet, Jack was still his son. The minister made sure to quietly support the young man. He would secretly send him money so that he shouldn't starve.

As the weeks and months passed by, the minister became more and more agitated. He missed his son. Still, he felt it would be wrong to write him and invite him back home. After all, Jack had behaved abominably, without any expression of regret or remorse. How could he rescind the punishment, when Jack had not indicated any desire to change? And yet he missed his son terribly, and was at a loss as to what to do.

A good friend understood what the minister was going through. "I agree", he told the minister, "that it would be a mistake to invite Jack to come back without any change on his part. But if you listen to my advice, your son will come back on his own volition, without inviting him home."

"How do you propose to accomplish that?"

"I know that your son is only getting by due to your financial support. Even though you do this quietly - perhaps even Jack doesn't realize where the money is coming from - but everyone knows that you are helping him out. Otherwise, how else could he be supporting himself?

"As long as you keep sending him money, Jack will stay there, with his arrogance and insolence intact. But if you stop supporting him, he will have no choice. He will be forced to come back and ask for your forgiveness in order to be allowed back in your home."

Time to Return Home

At the time of the Temple's destruction, God decreed that, due to our failings, we needed to be exiled far away from our land. Nonetheless, our Father in heaven still loves us; and He continues to support us, so that even in our dispersion among the nations, we should be able to survive.

But if we should see that this Heavenly support stops -- that God "hides His face" from us and no longer protects us -- then this is a sign that God dearly wants us to come home. As the Sages commented in B'rachot 3a, "Woe to the Father Who needed to banish His children from His table!"

After all the wrong things we did, it is not God Who needs to appease us. But if God no longer supports and watches over us, if life in exile becomes unbearable -- then it is time for us to return home and ask for God's forgiveness.

This is what the Torah predicts: "When you are in distress, and all of these tragedies happen to you -- then you will return to the Eternal your God and obey Him" (D'varim 4:30).

Adapted from Mishlei Yaakov, pp. 396-397

Ed. note: Sounds like this was just written for today!



From the Writings of Rabbi Ephraim Sprecher z"l

Why does Yirmiyahu refer to Tish’a B'Av as a Festival?

On Tish'a b'Av we mourn the destruction of the first and second Holy Temples. The Talmud in Tractate Taanit (p. 30) states that all Mitzvot that apply to a mourner during the Shiva also apply to the entire Jewish people on Tish'a b'Av.

In other words, according to Halacha, we are all sitting Shiva on Tish'a b'Av. But, how can this be? For the Halacha states that if a close relative has died and we did not know about it until after 30 days, there will be no formal Shiva. We would sit Shiva symbolically for only an hour, and then get up and go about our regular routine. How then, can we sit Shiva on Tish'a b'Av for tragic events that occurred thousands of years ago?

Rav Soloveitchik answers this question with a statement in Talmud Yerushalmi which states, "Every generation in which the Holy Temple has not been rebuilt is like the generation in which it was destroyed again." Thus, we are not mourning on Tish'a b'Av only for tragic events that happened thousands of years ago, but we are also mourning for the ongoing tragedy of not having the Temple rebuilt in our time.

Why is the Beit HaMikdash so important to us as Jews? The Chafetz Chayim explains that more than half of the 613 Mitzvot depend solely on the Mikdash. This means that for close to 2000 years we have been unable to fulfill the majority of Mitzvot. Therefore, we need the Beit HaMikdash in order to become spiritually healed and whole again.

The Mitzva to mourn on Tish'a b'Av is only temporary, until it becomes a permanent day of joy in the Messianic Era as stated in Zechariya 8:19. Thus, Tish'a b'Av is destined to be part of our Halachic tradition, but not as a day of eternal mourning. In the Scroll of Eicha, which is read on Tish'a b'Av, Yirmiyahu (Eicha 1:15 and 2:22) refers to Tish'a b'Av as MO'ED (a Festival). That is why we don't say Tachanun and S’lichot on Tish'a b'Av (Shulchan Aruch 559:4).

What are the signs of the approaching Messianic Era? And how can we hasten Mashiach's coming? The Talmud states that the Jews returning from exile and the greening of the Land of Israel are the key signs for the beginning of the Redemption. "There is no clearer sign then when the Land of Israel gives its produce abundantly, then the end of the exile is near, (Sanhedrin 98B, Rashi).

The Vilna Gaon told his disciples that Mashiach will come after the majority of the Jews in the Diaspora come to Israel. Thus, every Jew who makes Aliya hastens the Mashiach's coming, thereby transforming the Fast of Tish'a b'Av into a Feast.

For close to 2000 years, our land rejected all would-be conquerors and remained desolate and barren. The Sifra explains that the Torah's curse of the land during our long exile, "I will make the land desolate" (Parshat B'chukotai) is actually a blessing in disguise because we didn't have to worry when we went into exile that our enemies would settle our land. Therefore, the greening of Israel is a clear signal that G-d's decree of "desolation" for the land is over and the Redemption is near. The Land of Israel had to go into "hibernation" waiting for us, her children, to return from exile.

The prophet Yirmiyahu saw the coming Redemption of the Messianic Era and its celebration as being an even greater event than the Exodus from Egypt. As the Prophet says in Yirmiyahu 16:14,15 - "Days are coming, says Hashem, when it will no longer be said, 'As Hashem lives Who took out Israel from Egypt', but rather 'As Hashem lives, Who took out Israel from all the lands where Hashem dispersed them.' And Hashem will return them to their own land, which I gave to their forefathers."

According to HaRav Mordechai Eliyahu zt"l and the Lubavitcher Rebbe zt"l, we are presently in the dawn of the Messianic Era. If Mashiach should arrive before Tish'a b'Av, then we will be feasting and celebrating on that day, instead of mourning and fasting. -ESP

Y'HI ZICHRO BARUCH



Q&A

Reprinted from Living the Halachic Process by Rabbi Daniel Mann - Eretz Hemdah, with their permission [www.eretzhemdah.org]

How to spend Tish'a b'Av

Question: Besides refraining from forbidden activities, how should one spend Tish'a b'Av?

Answer: For a few reasons, the answer depends on the individual. As usual, some matters depend on the local minhag. In this case, it is even more individualistic, as different people arrive at the proper frame of mind in different ways. Furthermore, we have to be realistic. Not everyone who will refrain from a given practice will be sitting all day crying about the Beit HaMikdash. I remember a group of people who were careful not to learn Torah on Tish'a b'Av, but they used the afternoon for an annual softball game. A little "leniency" regarding something more suitable might have been better. In any case, we will use halachot to arrive at a general approach to what is appropriate. 

There are two major elements to the various halachot that govern activities on Tish'a b'Av (other than those that are directly fast-related). One element is to concentrate on the aveilut (mourning) over the national destruction that the day commemorates. The other is to refrain from things that we categorize as joyful.

The mishna presents two minhagim regarding whether work is permitted on Tish'a b'Av. The main reason not to work is, apparently, in order to keep one's mind on aveilut. The mishna instructs each person to follow the local minhag, as does the Shulchan Aruch. (In the Beit Yosef, he reports a widespread practice of stringency, which some Sephardic poskim accept as a final ruling.) The Rama states that the Ashkenazic minhag is to abstain from work of even a moderately serious nature until chatzot (midday). (The halachot are similar to those of Chol Hamo'ed and are beyond our present scope.) This leads us to the conclusion that until chatzot one should act in a way that keeps his mind on aveilut. This is supported by the minhag to postpone preparing the night meal until chatzot, to sit on or near the floor, and to recite kinot until close to chatzot.

After chatzot, the main focus is on not doing things that are joyous. Of course, there are different levels of happiness, and there is some distinction between activities that are formally forbidden and those that fall within the realm of the spirit of the law. Torah study is formally classified as something that makes one happy and is forbidden even for those who do not derive from it a strong, conscious joy. Only Torah topics that are objectively sad or aveilut-related are permitted. There are sources and logic that support both sides of the question of whether works of mussar (literally, rebuke) are permitted to be studied on Tish'a b'Av. The matter may depend on the nature of the work (e.g., the extent to which p'sukim, midrashim, and interesting philosophical insights are incorporated).

The spirit of the law is also expressed in the law. The Shulchan Aruch says that one should not stroll in the marketplace, lest he come to frivolity. The Mishna Berura urges those with the minhag to visit the cemetery to do so in small groups to avoid it turning into "a happening". These are just a couple of halachot that help set a tone and give a direction to follow.

A practice has developed to have daylong programs of talks on topics of soul-searching. While Tish'a b'Av is intended to be more a day of sadness than of self-improvement, most people are better served by taking part in such forums than staying at home, attempting the difficult task of maintaining the proper frame of mind on their own. Whereas in the morning the focus should be on the kinot (recitation or explanation), the afternoon may be spent on forums of contemplation and soul-searching. Lecturers and participants should do their part to ensure that the content and atmosphere are somber and do not foster socializing, which is against the spirit and halachot of the day.



OzTORAH by Rabbi Dr Raymond Apple z"l

What Made Moshe Speak?

Early in his career Moshe says, "I am not a man of words" (Sh'mot 4:10). By the time of the Book of D'varim, we read, "These are the words which Moses spoke."

Tongue-tied Moshe has become a speaker!

What caused the change?

Maybe it is the Torah which made him a speaker - politicians have speech-writers and so did Moshe, except that in his case God was his speech-writer.

Maybe it is leadership that made him a speaker - his experiences, challenges and decisions moved him and gave him the gift of words.

The best answer is suggested by Rashbam in his commentary on Sh'mot 4:10. He says that the problem was not that Moshe had a serious speech defect or a lack of verbal fluency. He simply did not want to be known as a mere orator word spinner but as a worker.

How often have I heard it said about a public figure, including rabbis, "He is wonderful at giving speeches, but what else can he do?"

It is said that at an 1897 conference of Russian Jews, Rabbi Shmuel Mohilever insisted that all speeches be in Yiddish. Some people found that very difficult and would have preferred to speak Russian, Polish or German. Nonetheless Rabbi Mohilever was adamant.

"If you have to speak in Yiddish you will prepare properly, you will weigh your words and be relevant and concise. You won't waste time on rhetoric and we will be able to get on with the practical work", he said.



Zion Redeemed with Justice

One of the reasons for the tragedy of Tish'a b'Av is said to be SINAT CHINAM, "groundless hatred".

When people were unfair and unjust towards each other, Jewish society disintegrated. It became easier for the enemy to prevail.

The haftara is insistent: if a better future is to be built, says Yeshayahu, the way is that of greater justice in society - "Seek justice, relieve the oppressed, judge the fatherless, plead for the widow" (Yeshayahu 1:17).

If Zion is to be restored, the precondition is that "Zion shall be redeemed with justice, and her returning exiles with righteousness" (verse 27).

In many ways, for all its diversity and problems, today's State of Israel has become a place of justice. People debate and grumble incessantly, but there is so much instinctive "chesed", concern for and kindness to others, that it is breathtaking.

Also breathtaking, in a different sense, is the ferocity of some who should know better, who throw stones to people violating Shabbat. If you ask, "Is it permitted in Jewish law to throw stones on Shabbat?", the right question is, "Is it permitted to throw stones even on weekdays?"

"Chesed" entails "tzedek", justice, listening to the other point of view, seeing the other's position, talking together with love, patience and respect, trying to persuade them if possible - but at all times knowing that they too are God's children and part of B'RIT GORAL, Israel's covenant of destiny. -OZ

Y'HI ZICHRO BARUCH



Sedra Highlight - Dr Jacob Solomon

D'varim

The main content of the Book of D'varim is Moshe Rabbeinu's final address to the Israelites before his death. He opens by reminding Am Yisrael of their past sins and rebellions from Yetzi'at Mitzrayim onwards: 

"See, I have put the land before you. Come and possess it…" (1:8)

But instead of immediately recalling their behavior following the evil report of the Spies, he detours by exclaiming:

"How can I bear - alone - your contentiousness, your burdens, and your quarrels?" (1:12)

The S'forno interprets contentiousness as personal squabbles, and quarrels as disputes in law and monetary claims.

The S'forno explains that they were setting out from Egypt to the Promised Land with G-d's assurance that it would be theirs. They were going from poverty to affluence, from being slaves to being landowners. But instead of putting the past behind them, they continued with their own quarrels, feuds, and vendettas; their "contentiousness, burdens, and quarrels". They would not agree to sink their differences and restart on a new page. To a similar end, the Maharal suggests that the challenge facing the Jews as a people is that their strong personalities, strong personal opinions, and capacity of their individuals to effectively push their causes and viewpoints (c.f. Beitza 25b) all need to be directed into the right channels and to be open to corrective advice. Like a pack of lions, they resist authority and can be highly contentious. Indeed very early on, Moshe found himself settling disputes day and night (Sh'mot 18:13): "How can I bear - alone - your contentiousness, your burdens, and your quarrels?" He therefore had to set up an elaborate hierarchy to ensure that all could readily access justice (1:13-18). 

The attitude of the Israelites may be compared to a leader assembling the poorest and most deprived people in the city with the following proposition. "Several week's journey away, huge vaults crammed with gold are waiting for you. There is enough there to make each and every one of you very rich indeed, for life. They will be yours, with my personal guarantee. Nobody will take them away from you. Come with me, and I will take you to your gold." 

But once they are on their way, the people start bickering. The long-established personal traits come into the foreground. They go back to struggling over past claims worth a few dollars, a jibe here, a slight there. They fritter away their energies and their leader's patience and goodwill over relative trivia, completely losing sight of the gold waiting for them at journey's end. The leader sighs, and finds himself dragged into a plethora of petty squabbles. Soon, the people start planning to drop out of this fabulously enriching expedition, and return to their troubles and their poverty.

Thus the S'forno shows that Moshe was rebuking them about their pettiness forcing him to have to introduce a bureaucracy. That happened because the Israelites would not see how trivial their disputes were in comparison with the great gifts of Eretz Yisrael that were waiting for them.



Menachem Persoff - menpmp@gmail.com



Sometimes the simplest notions expressed are the most profound. So when Yoel Elizur reminds us that Parshat D'varim is always read on the Shabbat preceding Tish'a b'Av, we prick up our ears and we read further.

For we are reminded that Tish'a b'Av is more than (just) a day of mourning. True, Tish'a b'Av recalls the severity of the Sin of the Spies, the aftermath of which caused a whole generation (adult males) never to merit entering Eretz Yisrael. But, on the other hand, following the prophecies of Zechariya, Tish'a b'Av will one day be a day of joy and celebration when Hashem, "will yet have mercy on Tzion and choose Yerushalayim" (1:17).

Had the spies come back with praise of the Land, the people would have immediately gone up to conquer it - but alas! Nevertheless, we are reminded that the essence of Tish'a b'Av actually lies in its potential as a source of rejoicing and happiness and of an awareness of our national destiny and fulfillment, as G-d's Chosen People in the Chosen Land.

This theme is echoed in our Parsha. For while the first part reflects Moshe's chastisement of the people for their sins, so the second part of the Parsha is replete with poetic descriptions of movement and victories, of battles and the acquisition of pledged territories in that ancient world.

As we read the Parsha, let us anticipate the continuous undoing of our past foibles, dwell on the miracles of the past, and yearn for the fulfillment of our national and religious mission - speedily and in our days, Amen. MP 



The Daily Portion - Sivan Rahav Meir

5 Insights on the Month of Av

[1] Chodesh Tov - wishing all a good month of Av! The Talmud states: "When Av arrives, joy is diminished." This year, it is not difficult for us to reduce our joy. Days of mourning, together with hope for rebuilding and consolation, have become more relatable and less abstract. 

[2] Rosh Chodesh Av, began the "Nine Days" mourning period. Different communities observe various customs from Rosh Chodesh and until the fast of the Ninth of Av, commemorating the destruction of both the First and Second Holy Temples.

[3] But there is also plenty of of hope and consolation: The month of Av is also called "Menachem Av", signifying that our Father in Heaven will comfort us. Menachem is also one of the names of Mashiach. And after the Ninth of Av comes the Fifteenth of Av, TU b'Av, a day associated with love, weddings, relationships, and celebrations.

[4] Av is also an acronym for ELUL BA, meaning "Elul is coming." This serves as a reminder that the month of repentance, improvement, and renewal is approaching, encouraging us to make a fresh, new start.

[5] The only yahrzeit mentioned in the Torah is that of Aharon HaKohen, which falls on the first of Av. Aharon was known for making peace between people, between husbands and wives, and between the Jewish People and God. You can light a candle in his memory and try to follow in his ways.

Amidst all the challenges may we hear only good news.

To receive Sivan Rahav-Meir's daily WhatsApp: tiny.cc/DailyPortion



Dvar Torah by Rabbi Chanoch Yeres

to his community at Beit Knesset Beit Yisrael, Yemin Moshe

Graciously shared with PhiloTorah

D'varim-Chazon

The Book of D'varim is a summary of the forty-year sojourn of the Israelites in the desert. This week's Parsha focuses largely on the event of the spies. After hearing the spies' grim report of the Land of Israel, the Israelites cried on that night (14:1). The Midrash (Bamidbar 16:20 and the Talmud (Sota 35a) teach us that that very night was the night of Tish'a b'Av. G-d said, "You have wept gratuitously, I therefore shall designate this day for crying throughout the generations."

On a larger scale, the doom of Tish'a b'Av may refer to all the terrible misfortunes that have befallen the Jewish people on this day, it has a more specific reference to the destruction of the two Temples, that happened on this day.

Rabbi E. Bulka points out that the connection here between the wrong-doing and the consequent punishment is greater than it appears on the surface. It is more than just "You cried for no reason; I'll make you cry for a reason." It is not merely about the fact that they cried but why they cried. The nationwide cry was a sign of accepting the spies' report and thereby, rejecting the Land of Israel. The destruction of the Temple and our ensuing exile was the Land of Israel rejecting us. With the event of the spies, the Israelites showed a complete lack of appreciation of this gift of the Land of Israel. Tish'a b'Av was therefore designated as the day that would always serve as a reminder to what happens when the Land of Israel does not receive the respect it deserves.

In these days, it should not be difficult to appreciate the importance of the Land of Israel and how hard we must fight to keep it. May the joint efforts of Klal Yisrael, worldwide, help bring the Redemption to us and transform this month from EIVEL (mourning) to Yom Tov, and may we all live in our Holy Land in peace and safety, with the rebuilding of the Beit HaMikdash. 



The Weekly 'Hi All' by Rabbi Jeff Bienenfeld

D'varim-Chazon & Tish'a b'Av 5783

D'varim - Disagreements

It is generally known that the Baal Korei (Torah reader), upon reaching verse 1:12 in our Parsha, abruptly changes the traditional cantillation, the trop. For a brief moment, the dirge-like tone of Eicha interrupts and dominates. The clear explanation is that the word EICHA suddenly reminds us of the same opening word in Megilat Eicha which we read on Tish'a b'Av night. 

The question is this: This word, EICHA, conveys a sense of gloom and despair, and it engenders a mood quite in keeping with the mournful atmosphere of Tish'a b'Av. In the context of the Parsha's opening narrative, however, it is hard to understand Moshe's distress and displeasure - as conveyed by the usage of EICHA - at the People's many questions. After all, wasn't this his role, namely, to be the wise mediator and sagacious judge to resolve the controversies, reconcile the differences and bring about peace? Why should he be so troubled and irritated?

S'forno addresses this issue. In his view, Moshe's dismay was directed at the sheer volume of the petty gripes - "frivolous lawsuits", if you will - that required enlisting so many judges and consumed so much time that the ultimate objective of entering Israel was obscured and side-lined. 

Indeed, there are certainly many disagreements that demand the serious attention of the jurist. But when people get upset about rather trivial matters, when they constantly bicker about issues that ought to be easily resolvable between themselves, it speaks to a sad immaturity and "spoiled" self-centeredness that prevents them from staying focused on what really counts and where they ought to be devoting their time and energy. It suggests that there may be other, more concealed issues at play: matters of ego, payback revenge, power grab schemes, etc. - that all have the capacity to adulterate the dispute at hand and make it all but impossible to resolve the matter peaceably.

And so, Moshe had every reason to be disturbed by the litigious behavior of the People. The EICHA in the Parsha is, therefore and unfortunately, quite appropriate. If the first Tish'a b'Av was a consequence of the People's balking at entering Israel, the S'forno's insight may well explain why they couldn't "see the forest for the trees".

Perhaps this explanation also gives new meaning to the sin of SINAT CHINAM, the reason given for the destruction of the Second Temple (Yoma 9b). Indeed, when hatred becomes baseless and simply pointless, when people cannot get along "for no good reason", everyone pays the price. And when such acrimony becomes endemic and spreads and infects the national polity, the result is churban, devastation.

One need not spell out the message here. The view from hills of Jerusalem sees the world as having to deal with some grave and potentially catastrophic dangers, with Israel and the Jewish People in the center of things (Aren't we always and so often, not by choice!). There are real, important things to pray for this Tish'a b'Av. Hopefully, by placing our differences in proper perspective and rising above our overly sensitive natures, our prayers will reflect what really matters and we will merit the transformation of Tish’a B'Av into a joyous festival.

9th of Av - Change

We are in the week of Tish'a b'Av and the mood darkens. Rav Soloveitchik often spoke about the uniqueness of Tish'a b'Av in that the day is not only a day of fasting, but it is also a day of mourning. Mourning for what? Clearly, it is for the destruction of the Temple. The problem, of course, is that this catastrophe is impossible for us to grasp. We were not there to witness and experience the Mikdash in its sacred glory. How then can we mourn such a miraculous period when we don't even know what we missed? 

The Rav offered this explanation. The era of the Mikdash did not exhaust itself in the sacrificial rite. It was much more than that. It was a time when children and parents, grandparents and grandchildren mingled happily in the streets of Jerusalem. There was song and laughter in the air. It was a time of pure, unimpeded progress and success. There was a palpable presence of HaShem that transformed the everyday into sacred and inspired living. In short, it was a period of wondrous self-fulfillment; a life brimming with meaning and purpose.

In a recent article in the Jerusalem Post, Rabbi Stewart Weiss impressively captured the era of the Beit HaMikdash thusly: "[The Temple] was a unifying force - the unifying force - in ancient Israel, the spiritual focal point that brought the nation together. Three times a year at least, the people - rich and poor, farmer and skilled worker - would come from near and far to recharge their souls in Jerusalem. The Beit HaMikdash was a place where everyone could find common ground, sharing a purpose - connecting to God on one's own level - that every person could relate to; and that unity of spirit is something we are in dire need of today. 

"The Beit HaMikdash [also] offered an opportunity to seek forgiveness, to say, "I'm sorry, I messed up, but I want to be better." Influenced to confess our faults and then pledge to redress them, we would emerge 'cleaner' than we were before, with our self-esteem restored. In a society where it is so difficult, almost painful to accept blame and look inward at our own shortcomings, the Beit HaMikdash, an icon of self-examination, offers a welcome alternative.

"And [finally] the Beit HaMikdash also influenced us to give thanks, to recognize just how fortunate we are to have what we have and be where we are at this place in time. In that holy place of Kohanim and Psalms, we put aside all our groans and gripes and acknowledged the innumerable gifts showered upon us at every moment. In humbly bringing the Korban Toda offering, we lived up to our collective name 'Yehudim,' from the word for "thanks"; and were influenced to count not our bad breaks, but our blessings." 

Do we live in such a climate today? Were it only so! The central fault, however, does not lie in the absence of the Mikdash. As Rav Nebenzahl has powerfully written (Sichot, Bamidbar, pp. 293-296), it is not so much that Jerusalem has been destroyed, but it is we - often ignorantly and unaware - who are in this tragic state of churban. It is our pettiness, selfishness, baseless hatred, jealousy, insatiable cravings… that impedes and disrupts any chance of redemption. We are the churban! If so, then it is in our power to change things. The Beit HaMikdash does not physically exist - yet. But in our psyche, in our collective imagination and historical memory, the concept of this unique House of Gd can still uplift us, and urgently remind us that only when we remedy the churban within, only then will HaShem repair the churban without! 

Tish'a b'Av is destined to be a festival.  It's just a matter of "when", not "if".  And that "when" depends upon each of us. 



Insights into Halacha - Rabbi Yehuda Spitz

Ohr Somayach (yspitz@ohr.edu)

(PhiloTorah editor's notes in green)

Havdala for Shabbat Chazon

The main problem is that the very essence of Havdala is ending Shabbat, resulting in the fact that it is actually recited during CHOL, weekday. That is fine for an ordinary week, but Motza'ei Shabbat Chazon is halachically part and parcel not only of the Nine Days, but actually considered SHAVUA SHECHAL BO TISH'A B'AV. This means that even S'fardim, who are generally lenient with the Three Weeks and Nine Days restrictions, are still required to keep them during the week of Tish'a b'Av. And one of these restrictions prohibits drinking wine, the mainstay of Havdala. So how are we supposed to synthesize making Havdala while not transgressing this restriction?

Just Drink It!

The first approach to this problem is the Shulchan Aruch's. He maintains that whoever makes the Havdala should just drink the wine himself. The GR"A explains this position (and is later echoed by the Mishna B'rura) that Havdala is no worse than a Seudat Mitzva; just as at a Seudat Mitzva (such as a Brit) one may drink the wine even if it falls out during the week of Tish'a b'Av, so too with Havdala. They add that, according to the Shulchan Aruch, these restrictions were never intended to negate a Mitzva. This ruling is accepted and followed by S'fardic Jewry, and their psak is to drink the Havdala wine of Shabbat Chazon.

Non-alcoholic grape juice would not be any more preferential for Havdala for havdala of Shabbat Chazon. The Shulchan Aruch mentions that any wine, including freshly-made wine is forbidden. The Mishna B'rura explains that even though it is sweet and weak, and could not be used as a libation in the Beit HaMikdash, it is still forbidden because the accepted restriction does not differentiate, but rather is to refrain from all types of wine. Since this weak beverage is still considered 'wine', we do not drink it during the Nine Days. The same would apply to our ubiquitous grape juice, which is still considered a type of wine. Therefore, halachically, using it for Havdala is no more of a solution than drinking wine.

Child Care

The Rama's opinion is a bit more complicated. He maintains that it is preferable to find a child and let him drink the Havdala wine. That way, the one who actually makes the Havdala does not have to transgress this prohibition. He concludes, however, that ME'IKAR HADIN the Shulchan Aruch is correct, and if one cannot find a child to drink the wine, then an adult may do so.

But one detail the Rama does not mention is how old this child should be. The Magen Avraham qualifies the Rama's ruling. He explains that the child must not be old enough to be able to mourn the destruction of the Beit HaMikdash, for if a child is able to understand and properly mourn, there is no halachic advantage gained by having him drink the wine. Additionally, the child must be old enough to understand the need to make a bracha before drinking, for, if not, the Havdala would end up being a B'RACHA L'VATALA, in vain, unless an adult drinks the wine. So basically, to fulfill the Rama's ruling, ideally, L'CHATCHILA, the child must be in the ballpark of 6 to 9 years old; otherwise, it would be preferable for an adult to drink it. This ruling is followed by most mainstream Ashkenazic authorities, including the Magen Avraham, Chayei Adam, Kitzur Shulchan Aruch, and Mishna Berura.

Can You Beer It?

However, there is a third opinion, that of the Aruch HaShulchan. He maintains that the best solution to our concern is to make Havdala on Motza'ei Shabbat Chazon using beer instead of wine. Since beer is cited throughout the ages as a CHAMAR MEDINA, a 'drink of the land' on which Havdala is permitted to be made, it would therefore be the simplest resolution to our problem.

However, many authorities remain hesitant to rely on this L'MAASEH. The reason for this is that there is no clear-cut delineation of what CHAMAR MEDINA actually is or how to properly define it, resulting in different poskim having very different understandings of its parameters.

For example, many authorities maintain that one may only rely on using CHAMAR MEDINA if wine cannot be found anywhere in the city. Others maintain that it must be a popular drink that people would always serve at a proper meal.

Aruch HaShulchan maintains that even if wine is available, as long as beer is very popular drink, one may make Havdala with it. Teshuvos V'Hanhagos implies similarly but argues that nowadays beer would no longer fit the bill, but tea and coffee would.

A different definition cited is that it must be a drink that one would serve to honor someone. Others define it as a drink that can be intoxicating, making having alcoholic content a prerequisite. Another view is that it must be a drink that has inherent importance. Others say it refers to a drink that one has an affection for or affinity to drinking.

Although our ubiquitous beer fits many of these definitions, still the Magen Avraham and Vilna Gaon ruled that in Ashkenaz, beer has lost its status of CHAMAR MEDINA. Also, due to the whole MACHLOKET regarding defining CHAMAR MEDINA, as well as the fact that many authorities rule that if wine is available, it trumps beer for Havdala, consequently, many poskim are hesitant about fulfilling the mitzva of Havdala with beer in this day and age. Additionally, based on how beer is viewed nowadays, and especially in Eretz Yisrael, several poskim, including the Chazon Ish, rule that beer would no longer be considered CHAMAR MEDINA.

Conversely, many contemporary authorities do indeed confirm beer as CHAMAR MEDINA, even nowadays; yet, they still generally maintain wine's superiority for Havdala.

What To Drink?

So now that we explained that there is a three-way MACHLOKET, what's the bottom line?

Generally speaking, S'fardim follow the ruling of the Shulchan Aruch and the adult who makes the Havdala should drink the wine. Most mainstream Ashkenazim follow the Rama's psak and try to find a child in the proper age range (approx. 6-9). If one cannot be found, then an adult should drink the wine. Yet, surprisingly, several contemporary Ashkenazic poskim, including Rav Yosef Chaim Zonnenfeld, the Chazon Ish, and Rav Shlomo Zalman Auerbach, held that it is preferable to follow the ruling of the Shulchan Aruch and an adult should rather drink the wine than a child (and rather than using CHAMAR MEDINA).

But what of the Aruch HaShulchan's beer solution? Certainly the authorities mentioned previously who allow beer's use for Havdala year-round would permit one to do so Motza'ei Shabbat Chazon as well. Rav Dovid Feinstein zt"l is quoted as maintaining beer's actual preference for Havdala on Motza'ei Shabbat Chazon. Indeed, this author has likewise heard from Rav Efraim Greenblatt zt"l (the renowned Rivivos Efrayim) that one may make Havdala with beer on Motza'ei Shabbat Chazon with no compunction.

In somewhat of a contrast, mv"r Rav Yaakov Blau zt"l told this author that although he personally held that it was preferable for an adult to drink the Havdala wine, nonetheless, he gave dispensation to one who was accustomed to making Havdala on beer, or one whose minhag was to do so on Motza'ei Shabbat Chazon, to continue doing so, even in Eretz Yisrael. Rav Shlomo Zalman Auerbach zt"l held similarly.

Interestingly, it is reported that the Bobover Rebbe zy"a, would make Havdala on Motza'ei Shabbat Chazon on wine and drink it himself, but when Tish'a b'Av would fall out on Motza'ei Shabbat, on that Motza'ei Tish'a b'Av he would make that Havdala specifically on beer.

However one ends up making Havdala [make sure to discuss this with your local rabbinic advisor in advance], it is important for us all to remember that these restrictions were instituted by our Rabbanim as a public show of mourning during the most devastating time period on the timeline of the Jewish year. Our goal should be to utilize these restrictions as a catalyst for inspiration towards Teshuva. It is worthwhile to do so, as well. As the Gemara relates, everyone who observes and properly demonstrates their personal mourning over the destruction of Yerushalayim will merit seeing its rejoicing.

Rabbi Spitz's footnotes are very extensive. The ones I decide to include are few among the many. If you want more than this PhiloTorah column provides, click on the website, find the topic and do some more reading.

For any questions, comments or for the full Mareh Mekomot / sources, please email the author: yspitz@ohr.edu

Rabbi Yehuda Spitz serves as the Sho'el U'Meishiv and Rosh Chavura of the Ohr Lagolah Halacha Kollel at Yeshivas Ohr Somayach in Yerushalayim. He also currently writes a contemporary halacha column for the Ohr Somayach website titled "Insights Into Halacha".

ohr.edu/this_week/insights_into_halacha/

Disclaimer: This is not a comprehensive guide, rather a brief summary to raise awareness of the issues. In any real case one should ask a competent Halachic authority.

Rabbi Yehuda Spitz's English halacha sefer, "Food: A Halachic Analysis" (Mosaica/ Feldheim) containing over 500 pages featuring over 30 comprehensive chapters discussing the myriad halachic issues pertaining to food, is now available online and in bookstores everywhere.



D'VARIM

See the whole file of GMs for a number of GMs from Parshat D'varim. Remember to search for the name of the sedra and not just go to the sedra's section.

GM The beginning of the Book of D'varim finds B'nei Yisrael camped at ARVOT MO'AV, poised on the threshold of Eretz Yisrael. Moshe Rabeinu will be speaking to the People for the 37 days between Rosh Chodesh Sh'vat and Zayin Adar in their 40th year of wandering. In the opening p'sukim, Moshe Rabeinu sets out his plan for different phases of his talks. Look at D'varim 1:3, for example -

It came to pass in the fortieth year, in the eleventh month, on the first of the month, that Moshe spoke to the children of Israel according to all that HaShem had commanded him regarding them;

This, according to an analysis of the GR"A, refers to Moshe's reviewing all of the mitzvot of the Torah in detail, to the People.

The gimatriya of this pasuk is 5098. None of the other p'sukim with that gimatriya 'said' pick me as a meaningful match. Nor did the p'sukim with gimatriyas that equaled the MILUI, NISTAR, or AT-BASH of our pasuk. But one of the p'sukim whose gimatriya matched the AL-BAM gimatriya (4904) of our pasuk 'said' - Here I am!

Take a look at D'varim 12:10 in Parshat R'ei -  


And you shall cross the Jordan and settle in the land HaShem, your God, is giving you as an inheritance, and He will give you rest from all your enemies surrounding you, and you will dwell securely.

We can see a numeric reminder that our successful dwelling in the land - in peace and security - depends upon our taking Moshe's mitzva review, seriously. G-d repeatedly reminds us of the 'strings attached' to our success in the Land.



GM A significant recurring theme in Moshe Rabeinu's 37-day presentation to the people poised at the threshold of Eretz Yisrael, is the understanding that G-d's Plan was, from the very beginning, at the first prophecies to Moshe at the burning bush, that He would take us out of Egypt (form us into a Nation) and bring us up to Eretz Yisrael. He told this to Moshe back in Parshat Sh'mot, He sent Moshe to tell the people V'HOTZEITI... V'HEVEITI in Parshat Va'eira. Take a look at two p'sukim in the first perek of D'varim. First, D'varim 1:8 - 

See, I have set the land before you; come and possess the land which HaShem swore to your forefathers, to Avraham, to Yitzchak, and to Yaakov, to give them and their descendants after them.

The gimatriya of this pasuk is 6919. That is very high, as p'sukim in Chumash go, and unlikely that it would have a Gimatriya Match. Which it doesn't, at first glance, being the only pasuk in all of Tanach with that numeric value. 

But regular gimatriya is not the only numeric value on the block. MILUI, NISTAR, and AT-BASH of our pasuk did not yield any interesting matches. But a search for a noteworthy match of the AL-BAM gimatriya of the pasuk, which is 5059, did find a match of interest. And we don't have to go far for it. Only 13 p'sukim after 1:8, we find D'varim 1:21 -  

Behold, HaShem, your God, has set the land before you; go up and possess it, as HaShem, God of your fathers has spoken to you; you shall neither fear nor be dismayed."

This pasuk's regular gimatriya is 5059, the AL-BAM gimatriya of our first pasuk. Same idea with different wording - and a GM as the cherry atop the ice cream sundae.



RED ALERT!

D'varim-Chazon

by Rabbi Eddie Davis (RED) of the Young Israel of Hollywood - Ft. Lauderdale (Florida)

DIVREI TORAH

<> The entire Chumash of D'varim was delivered by Moshe during the last 5 weeks of his life. It comprises many Mitzvot, most of which are introduced for the first time in Moshe's life. The Ramban (Rabbi Moshe ben Nachman, 1194-1270, Spain, Israel) raised the question about when Moshe received these Mitzvot. He responded that he received these Mitzvot either at Sinai or in the Mishkan prior to the sin of the spies, some 39 years before. Moshe did not give these Mitzvot to the generation that left Egypt and was not entering the Promised Land.

The Radvaz (Rabbi David ben Shlomo Ibn-Zimra, 1479-1573, Spain, Israel, Cairo) disagreed and wrote that these Mitzvot were given to Moshe at the Plains of Moav during the final months of his life. Neither answer covers the issue completely, leaving us to ponder the question.

<> In the Sefer HaChinuch written by Rabbi Aharon HaLevi of Barcelona (1235-1300), the author writes about each of the 613 Mitzvot in an organized fashion as they appear in the Torah. As such: in Sefer B'reishit there are only 3 Mitzvot. In Sh'mot there are 111 Mitzvot. In Vayikra 247 Mitzvot. Bamidbar contains 62 Mitzvot, and finally D'varim has 200 Mitzvot, nearly 1/3 of all the Mitzvot of the Torah. One would get the impression that Moshe was making up for lost time by rushing into a litany of commandments, especially in Parshat Ki Teitzei which has 74 Mitzvot all by itself. Moshe systematically introduces the Mitzvot with a thorough recap of the short history of the dramatic narrative that occurred when Bnei Yisrael left Egypt.

<> Moshe begins mentioning the sins of Bnei Yisrael while in the desert, but he saves the worst sin for last: the Golden Calf. We need to address this choice of order. True, the spy mission was extremely bad, earning the large majority of the nation a death sentence while trekking through the desert. But the sin of the Golden Calf was catastrophic as well, earning a punishment that would linger with the nation for many years. Our Sages state that any person who is giving Mussar to another should begin with a "lighter" sin, working up to a more terrible sin, just as Moshe Rabbeinu had done. This way the person on the receiving end won't be terrified at the outset of the talk. So Moshe was quite deliberate in his speech to the people, even though the offending sinners were no longer present, having died during the desert trek.

<> Moshe also determined when to admonish the people. One was near his death, similar to Yaakov speaking to his sons in Parshat Vaychi, right before he died. Rashi commented on this, saying that this way the people will not be required to hear the admonition repeatedly. A second point was that Moshe delivered his speech after his victories over Sichon and Og. Now Moshe could admonish the people right after experiencing two victories, after seeing that Hashem still loves them and will protect them as they will fight victoriously over the Canaanite nations. This is the right moment to talk to them about their future, when they are on a high, flush with a victory and looting the enemy of all their materialistic resources. Their psychological state is now positive and more likely to listen to what Moshe has to say to the people.

<> Moshe was now going to deliver the Torah and explain it to the people in 70 languages. (Rashi on 1:5). Why was it necessary to hear it explained to them in languages that the people did not understand? In his Sefer HaKtav V'HaKabala, Rabbi Yaakov Tzvi Macklenburg (1785-1865, Western Europe) explained Rashi differently. Rashi did not mean 70 foreign languages, but rather in multiple interpretations. This is more in line with the Midrash stating that there are 70 faces to the Torah (Bamidbar Rabba 13:15). The Torah is a very rich sacred book, having multiple interpretations to its simple text. Moshe wanted to clarify all that was in the Torah in a way that was available for each person to comprehend and likely to absorb. Moshe, as a master teacher, took the time and effort to give over a very comprehensible text.

<> When Moshe retold the story of the spies, he related that Hashem decreed that this generation will die in the desert and not be allowed to enter the Promised Land. And then Moshe said that "With me, as well, Hashem became angry because of you, saying: You, too, shall not come there" (1:37). Commentators take this statement seriously. Moshe was not going to enter Canaan due to Moshe's allowing the spy mission, and not because he hit the rock. (Kli Yakar, Abravanel…). This changes things quite a bit. But this was Moshe's comments on the matter, not necessarily Hashem's. We do not see Hashem's hand in Moshe's rendition. This could possibly be the way it was. The Malbim stated that the punishment for hitting the rock was really against Bnei Yisrael. With the hitting of the rock, the people will suffer in losing Moshe as their leader when they enter the Promised Land. Moshe was not destined to enter the Land due to his part in the failed spy mission. The punishment for the rock incident was felt more by the people.

<> When we read of the war between Israel and the armies of Sichon and Og, we do not link those events to the encounter between Israel and Edom. Maybe we should. When Sichon heard about Israel circumventing and avoiding a confrontation with Edom, he probably thought that he would be spared a war. He thought that Israel would likely avoid his army as well. Maybe this was part of the divine plan to orchestrate the encounter between Israel and Sichon. Sichon thought wrong and possibly was not really prepared for a war. Hashem misled Sichon and therefore Sichon was caught by surprise and was totally unaware and was trounced in a battle that was short and decisive. After the victory Israel did not travel west to Canaan, but instead went north, out of the way, to attack Og who was also not really prepared for battle.

<> MIDRASH. Bamidbar Rabba 1:15. The Midrash tells the well known story of Dama ben Nethina of Ashkelon who did not wake his father to sell a precious stone to the Kohanim who wished to buy it for a set price to replace a stone for the Kohen Gadol's breastplate. The Kohanim thought the young man was stalling for a higher price, and the Kohanim offered more money. The father woke up, and told them he would take the lower price for the young son did not want to disturb his rest. Within the year Nethina's cow gave birth to a Red Cow and he sold it for a fortune. So was the reward for honoring the father!

Questions by RED 

From the Text

1. How long did it take for Moshe to deliver the entire Chumash of D'varim? (1:3…)

2. Which direction did Bnei Yisrael travel after the failed spy mission? (2:2)

3. When Bnei Yisrael annihilated Sichon and all his people, what did the Jews take in their victory over the enemy? (2:35)

4. Who settled the lands of Sichon and Og? (3:12-13)

5. What message did Hashem give to Yehoshua after the victories over Sichon and Og? (3:21)

From Rashi

6. How did Rashi interpret that Bnei Yisrael are like the stars in Heaven? ((1:10)

7. Why did Moshe agree to send a spy mission to Canaan? (1:23)

8. What portion of Eretz Yisrael was promised by Hashem to give to Kalev? (1:36)

9. How did Hashem communicate with Moshe during the 38 year trek in the desert? (2:17)

10. After looting so much from the war with Sichon, what did Bnei Yisrael take from the victory over Og? (3:7)

From the Rabbis

11. How can we explain the need for so many judges: 131 per 1000 people? (Vilna Gaon)

12. Why was Og's bed made out of metal? (Ramban)

13. Where was Bashan, Og's country?

From the Midrash

14. The desert was full of snakes and scorpions. Why were they not a threat to Bnei Yisrael?

From the Haftara (Yeshayahu)

15. What does Yeshayahu lament with the loss of the Holy Temple?

Relationships

a) No'ach - Nimrod

b) Terach - Lot

c) Milka - Nachor (2 answers)

d) Bilha - Naftali

e) Guni - Chushim

ANSWERS

1. Five weeks, from 1 Sh'vat until Moshe's death on 7 Adar.

2. North, toward Sei'ir.

3. All the cattle and the booty from the cities.

4. The tribes of Gad and Reuven and half the tribe of Menashe.

5. That Hashem will similarly lead Bnei Yisrael with victories over the Canaanites.

6. That Bnei Yisrael would be permanent, eternal, as the stars in Heaven.

7. Moshe thought that if he agreed to send spies, the people, seeing that Moshe was so confident about invading Canaan , will relent, realizing that a spy mission was superfluous.

8. Chevron

9. Not with love as before. Now the communication was through the Urim v'Tumim or a night vision.

10. Only gold and silver.

11. The Gaon stated that each "judge" had a function. The leaders of thousands were commanders of 1000s of soldiers. The leaders of hundreds were judges. Leaders of fifties taught Torah; and those over tens were policemen.

12. Og was so huge that a wooden bed could not support him.

13. Going north, from the modern country of Jordan until Mt. Hermon.

14. Because the pillar of cloud killed all dangerous animals in their way.

15. He lamented the sins that caused the loss of the Temple.

Relationships

a) Great-grandfather & great-grandson

b) Grandfather & grandson

c) Husband & wife; Uncle & niece

d) Mother & son

e) First Cousins (Guni was a son of Naftali, Chushim was the son of Dan)



PhiloTorah This 'n That

THU, eve of 4 Av, August 7th - Links on PhiloTorah for a REVIEW of Shabbat Chazon and Tish'a b'Av.

Also, a KINA about October 7th. Written by Rav Rimon and translated into English by the OU. Recommended to print out and put into your kinot book for Tuesday morning.

Still having cache trouble. Uploads don't show up until I clear the cache for my website from my account with GoDaddy.

Until I solve the problem, you too might need to clear your cache. Relatively easy to do, but a pin in the neck. While holding the Ctrl-key down, click with the mouse pointer on the refresh icon - a circle with an arrowhead, in the upper left of your screen.

On an iPhone, go to settings, scroll down to Safari and click on it. Scroll down to Clear History and Website Data and click on the Clear History button at the bottom of the screen.

PhiloTorah Zoom Shiurim every Monday and Wednesday at 3:00pm Israel Time. That's 1:00pm in England and 8:00am on the east coast of the States. We have attendees from Israel, England, Brooklyn, and Florida.

This coming Monday, Erev Tish'a b'Av, the shiur will review dinim and customs of Tish'a b'Av.