HaMaayan/The Torah Spring Edited by Shlomo Katz Parashat Mishpatim Volume V, Number 17 (203) 25 Shevat / February 9, 1991 Parashat Shekalim Parasha Overview This Parasha is the source of much of the Torah's civil law, i.e. the laws of torts ("nezikin"), bailees ("shomrim"), and judges. Why, the Talmud (Sanhedrin 7b) asks, do these laws follow the verse at the end of last week's Parasha, "You shall not climb my alter with steps [but rather on a ramp]." This juxtaposition teaches us the lesson of Avot (1:1): "Be deliberate in judgement." Rashi explains that the purpose of the altar's ramp was to slow the climber's pace, because had there been steps, he could climb much faster. Similarly, a judge should not rush to decide a case but should rather review all aspects of the case in a deliberate manner. Maharsha adds another explanation. A judge should not tell himself, "I am a rising star in the judiciary, 'climbing' the rungs of my profession. I can dispose of my cases based on my first impression, " No! the Torah says. Do not be a "climber", but take your time in judgement. ************************************ "And these are the laws that you shall place before them." (Sh'mot 21:1) [Rashi: "Before them" means "Before a Jewish court."] R' Aryeh Leib Hakohen asks: How can G-d's Torah be entrusted to a human court? What if the judges reach an incorrect decision and deviate from the law that G-d intended? The answer is found in the Midrash which states that Hashem showed Moshe Rabbenu every generation, its sages, and the Torah thoughts that those sages would propound. This Midrash teaches that any Torah teaching or interpretation which a student of Torah honestly and in good faith derives from the Torah is, in fact, part of the Torah that was given to Moshe. Of course, if a person is not serious about his responsibility to faithfully follow the rules of Torah exegesis which Moshe taught us, his "Torah" is no Torah at all. However, our question is not yet answered completely. Chazal tell us that every Mitzvah that is done has the power to give and sustain life, while every sin has the power to take life. If Mitzvot are a "elixir of life" and Aveirot (sins) are "poison," how can we feel confident that one of the sages has not misunderstood the law and fed us "poison"? The answer is that G-d, knowing that even the greatest sage can err occasionally, has given us an antidote: The Mitzvah of listening to our sages. One who bases is actions on the words of Chazal is guaranteed protection from the "poison" of sin. This, according to Rabbenu Nissim, is the meaning of the blessing recited after the Torah reading: "He has given us a Torah of truth, and has planted eternal life within us." G-d has, in fact, given us a Torah of truth, but what will be our end if we accidentally misunderstand it? "He has planted eternal life within us." By listening to our sages we can find that "eternal life." (Ketzot HaChoshen, Introduction) ************************************* Parashat Shekalim The Gemara (Megilah 29B) which serves as the basis for our custom to read Parashat Shekalim states: Since the Temple's fiscal year begins on the first of Nisan, we give Bnei Yisrael a month's notice and read Parashat Shekalim so that they will bring their Shekalim (i.e. contributions) to the Bet HaMikdash. This can be understood in two ways. Rashi understands this statement literally. The Talmud is teaching that on the Shabbat before the month of Adar, all congregations in Eretz Yisrael would read Parashat Shekalim (just as we do today), thus reminding Bnei Yisrael to send their Shekalim to the Temple. However, Levush (quoted by Mishnah Berurah section 685:1) explains differently. In his view, Parashat Shekalim was not read in the days when the Bet HaMikdash stood. Rather, the reading of Parashat Shekalim was instituted by later sages, as a reminder of the fact that one month before the first of Nisan, our ancestors used to send their contributions to the Bet HaMikdash. Our reading of Parashat Shekalim is in the form of "We will repay the oxen with our lips" (Hoshea 14:3). In other words, because we cannot bring sacrifices today, we fulfill our obligations as best we can by reading about them in the Torah and learning their laws. The above views may perhaps explain the Halachic dispute whether a minor (under 13 years of age) may be called to the Torah to read Parashat Shekalim. [Although minors may not ordinarily be called to the Torah, there is a view that they may be given the "Aliyah" known as "Maftir." However, many "Poskim" (Halachic decisors) hold that even if a minor may ordinarily be called to Maftir, he may not be on Shabbat of Parashat Shekalim.] According to Rashi, we read Parashat Shekalim to recall that this Parasha was read in the time that the Bet Hamikdash stood. In other words, our reading merely recalls the announcement asking Bnei Yisrael to bring their Shekalim. One could argue that even a minor can read Parashat Shekalim, since there is no reason why he could not have made the announcements in the congregations of the Temple-times. On the other hand, Levush holds that Parashat Shekalim commemorates the actual Mitzvah of bringing Shekalim, not merely the announcement that was made regarding this Mitzvah. Thus, in keeping with the rule that "One who is not obligated to observe a particular Mitzvah cannot fulfill that Mitzvah on behalf of another, "a minor may not receive the Aliyah of Parashat Shekalim. (R' Zvi Pesach Frank, Mikraei Kodesh, Purim, ch.4, and notes by the author's grandson, R' Yosef Cohen) Reminder: As always, nothing in HaMayaan should be relied upon in practice. All Halachic questions should be referred to a competent Rabbi. ************************************ The month of Adar is a time of joy and a time of repentance. One follows from the other, as the Prophet teaches: "To those with an upright heart belongs happiness" (Tehillim 97:11). In fact, according to the Talmudic opinion that the world was created in the month of Nisan (rather than Tishrei), Adar takes the place of Elul as the month of repentance. Hashem promised Moshe, says the Midrash, that when Parashat Shekalim is read each year on the Shabbat before Adar, G-d will lift up the heads of Bnei Yisrael so that they can evaluate the path before them. The word "Shekel" in Aramaic means "to take." Based on this we can give a figurative interpretation to the Mishnah which states that on the first on Adar, the Bet Din would "make an announcement regarding the Shekalim, forbidden mixtures [of crops which are now growing], and repaving the roads [so that pilgrims could come to Yerushalayim for Pesach]." In the month of Adar we should take our souls, remove forbidden "mixtures" from them, and straighten out the paths on which we travel. (R' Yitzchak Meir of Ger, Chiddushei HaRim) *********************************** "Drosh V'Kabbel S'char" Academic Discussions in the Talmud Beginning Talmud students are often frustrated, and advanced students challenged, by what appear to be Talmudic discussions that are of no practical consequence. In fact, the great Talmud commentators Rashi and Rabbenu Asher ("Rosh") disagree in their writings whether the Gemara does contain purely academic discussions or whether we must look below the surface for a less obvious explanation of that section of the Talmud. (The following sources are drawn from the article by R' Binyamin Rubin, Shlita, in L'Torah V'Hora'ah: Sefer Zikaron L'R. Moshe Feinstein, Zatzal, p. 320) Certain classes of meat were permitted to be eaten during the 40 years between Exodus and the time that Bnei Yisrael entered Israel, but were forbidden once Bnei Yisrael were in Israel. The Talmud (Chullim 17a) asks: "Could such meat be eaten if it had been slaughtered in the desert and stored until Bnei Yisrael entered Israel?" Of what consequence is this question, since the situation discussed will never occur again? Rashi answers: "D'rosh V'Kabbel S'char" - "Study and receive reward [for the Mitzvah of studying Torah]. We are obligated to discover the truth, even if it is of no practical consequence." Rosh (Commentary to Chullin, section 23) questions Rashi's interpretation, basing his view on Yoma 5b. There, the Gemara asks, "How does the Kohen Gadol dress?" and retorts, "What difference does it make? Whatever happened in the past is past!" The Gemara then explains" "The questioner's intention was, 'How will Aharon dress after the resurrection occurs?'" However, this answer does not satisfy the Gemara either, for it asks: "Won't Aharon know what to do?" Finally, the Gemara concludes: "We need to understand the verses of the Torah." It appears from this Gemara that only because of the sages' need to understand the verses do they engage in this discussion. However, purely academic discussions are not found in the Talmud, and anything that appears as such must be explained otherwise. R' Yom Tov ben Avraham defends Rashi, explaining that only as a last resort do we acknowledge that a Talmudic discussion is purely academic. However, if we can, we prefer to say that the Gemara's intention was rather to understand the Torah's verses. ******************** Posted by Alan Broder, ajb@grebyn.com (uunet!grebyn!ajb), who should be contacted to request back issues of HaMaayan or to get on or off the direct email mailing list. Shlomo Katz can not receive EMAIL, however I will pass on any comment forwarded to me, or alternately, send your comments care of yehuda@gwuvm.bitnet