Hamaayan/The Torah Spring Edited by Shlomo Katz Parashat Toldot Volume VIII/Number 6 (341) 29 Cheshvan 5754/November 13, 1993 One of the mitzvot that is unique to Eretz Yisrael -- in addition to shemittah -- is the taking of "ma'aser," i.e., separating one-tenth of each year's produce (except from the shemittah). This should be given to a Levi. Rambam (Hil. Melachim 9:1) writes that Yitzchak originated the separation of ma'aser. (Note: One is obligated to separate ma'aser from the produce even if there are no Levi'im around.) Rambam's source may be verse 26:12 in this parasha, where we read that Yitzchak measured the produce which he grew. Since Yitzchak was certainly not the type of person who would just count his wealth, Chazal say that he was measuring his produce in order to separate a tenth for ma'aser. (Rashi) The midrash relates that Esav tried to appear extra-exacting in halachic observance by asking his father questions such as, "How do I tithe salt?" In fact, salt requires no ma'aser. In light of Rambam's statement, we can suggest that Esav chose to be "exacting" in ma'aser because it was Yitzchak's "special" mitzvah. R' Avraham ben David ("Ra'avad") disagrees; he maintains that Avraham originated ma'aser. Kesef Mishnah explains that the Torah in fact states (B'reishit 14:20) that Avraham gave Malkitzedek one- tenth of the spoils from the war against the four kings. In defense of Rambam, however, Kesef Mishnah notes that Avraham did not give ma'aser from things that he grew; he only shared the booty in order to honor Malkitzedek for coming out to meet him. ************************************ "One nation will be stronger than the other...." (26:23). The prophet told Rivka that she was carrying twins (Yaakov and Esav) who would constantly struggle for supremacy in the world. Chazal sometimes translate the above verse literally, "One nation will become stronger from the other." In the Gemara's words: "Tzor (Tyre) only became powerful as a result of the destruction of Yerushalayim." (Megillah 6a) R' Moshe Shick ("Maharam Shick") explains that when Hashem brings wealth into the world, He does not take it away. Rather, if the present possessor of the wealth becomes undeserving, Hashem will transfer that wealth to another individual. This second person may not necessarily be deserving; he is only more deserving than the first individual was. Esav's descendants, likewise, are not deserving of the success which Hashem has given them in this world. All that Hashem created, He created only for the Jews. However, if Yerushalayim is not deserving, Hashem's gifts are transferred to Tzor. In this vein, Maharam Shick interprets the Mishnah (Avot, Ch. 4): "Who is wealthy? One who is content with his portion." Who is truly wealthy? Not one who has great riches, but only one who merits riches on his own, not merely because they had to be transferred from a less deserving person. ************************************ "May G-d give you from the dew of the heavens..." (27:28) The midrash says: "May He give and give again." R' Yitzchak Isaac Weiss, zatzal (the "Spinka Rebbe"), explains that the world is designed such that Hashem's blessings constantly flow down to man. However, if a person weakens his "bitachon" (trust in G-d), the "pipes" (so-to-speak) which carry the blessings are damaged. Then, Hashem must send His blessings anew. In Parashat beHar we read, "If you will say, 'What will we eat in the seventh year...?' And I will command My blessings to you" (vaYikra 25:20-21). Of course, this does not mean that if you don't ask, Hashem will not send His blessings. Rather, if you ask, it will be necessary for Hashem to send His blessings anew, because the original ones will have been "damaged." (Chakal Yitzchak) ************************************ Law of Shemittah (based on R' Tikochinski's Sefer haShemittah; not for practical application) There are four types of agricultural work which are prohibited by the Torah during the shemittah. These are "zeriah" (sowing), "ketzirah" (harvesting vegetables and legumes), "zemirah" (pruning), and "betzirah" (harvesting from trees). In addition, there is a positive commandment to let the earth rest, and this effectively precludes plowing ("charishah"). The prohibition on sowing or planting is very broad. It includes both edibles and non-edibles, such as flowers. Planting in a pot is also prohibited -- by Torah law if the pot has holes; by rabbinic law if it does not. However, hydroponics; i.e. planting in water and nutrient solutions, without soil, is permitted. Indeed, Israel today is among the world's leaders in this technology. Note that a person who would "plant" in this manner on Shabbat would be liable for punishment. This is because the laws of Shabbat apply to the person -- he should not work -- whereas the laws of shemittah apply to the land, and hydroponics does not involve the land. [The Torah includes a special verse (Sh'mot 23:12) whose purpose is to teach us that Shabbat must be observed even during the shemittah year. Malbim explains that since both of these occasions are called "Shabbat laShem" -- "G-d's sabbath" -- we might have thought that observing one-at-a-time would suffice. However, as we see, some activities which are permitted during the shemittah are prohibited on Shabbat. Another connection between Shabbat and shemittah is that the number of days in the shemittah year (354) equals the number of Shabbat and Yom Tov days that occur during a six year period. R' Moshe of Przemsyl (leading student of the Maharshal) explains that because the earth worked for us during the Shabbat and holidays of the first six years of each shemittah-cycle, we must "pay back" by allowing it to rest for an equal number of days. (Mateh Moshe, paragraph 473)] ************************************ R' Shalom Shachna of Lublin died 1 Kislev 5319 (1558) R' Shalom Shachna was the leading student and successor of R' Yaakov Pollak, founder of the "chilukim" or "pilpul" school of Talmud study. This method taught the students to construct sharp, even, hair-splitting, discourses, tying together far-ranging Talmudic sources. It has been argued, however, that these discourses were usually overly contrived, and many scholars of the period (notably Maharal of Prague) oppopsed R' Yaakov's style. Notwithstanding the above, many of the greatest 16th century halachic authorities were students of R' Shachna. These included R' Moshe Isserles ("Rema" -- also R' Shachna's son-in-law), Maharshal, and R' Chaim ben Betzalel, better known as "R' Chaim, the brother of the Maharal of Prague." Interestingly, these students rejected the chilukim method, while still retaining the highest regard for their teacher, Rema writes in one letter, How can I open my mouth and lift my head to investigate and decide the halacha for practical application when my teacher is still alive, he is the crowning stone, the crown of glory, the remaining ember, the light of Israel, may his light shine like the glow of the Heavens, he is known at the gates, the head of the strong ones, the sage, R' Shachna! [Note: In Hebrew, some of the above rhymes.] R' Shachna, however, always refused to be a "posek" (one who gives practical halachic direction). (Melizei Esh) R' Shachna's students also differed from each other in their study interests. Rema is best known to us for his glosses on Shulchan Aruch. These are the definitive halachic pronouncements for Ashkenazic Jews. However, Rema was also well-versed in philosophical works such as Rambam's Moreh Nevochim ("Guide to the Perplexed"). His colleague, R' Chaim ben Betzalel (one of the great sages of his generation, though today he is overshadowed by his younger brother) took exception to this interest. He writes in his Sefer haChaim (Ch. 1): Why are the Jews called, "A kingdom of priests" (Sh'mot 19:6)? Because just as the priest in the Temple is concerned only with the laws of the sacrifice that he is bringing at that moment, and he pays no attention to such abstract ideas such as the architecture of the Temple, so a Jew must focus on the laws that are applicable at each moment, and should not be overly engrossed in the philosophy behind them. Of course, to the extent that understanding a mitzvah enhances its observance, R' Chaim agrees that such study is worthwhile. ************************************ The learning schedule for this Shabbat is: Terumot 9:6-7 Kitzur 38:7-11 Gittin 68 ************************************ The hard copy distribution of this weeks Hamaayan is sponsored by: Izzy and Rose Miller and family on the yahrzeit of Zvi Dov Miller (20 Marcheshvan) and the first birthday of Dovie Miller (14 Marcheshvan) and Toldot 5754 -- in honor of the 42nd anniversary of Shomrai Emunah (Silver Spring) by Josh Rosenbloom ************************************ Donations to Hamaayan are tax deductible