Today's Learning Mo'ed Kattan 3:1-2 O.C. 128:22-24 Bava Batra 103 Yerushalmi-- Shekalim 24 HAMAAYAN/THE TORAH SPRING edited by Shlomo Katz Mishpatim Vol. IX, No. 18 (402), 27 Shevat 5755, January 28, 1995 Chazal say, "One who wishes to become wise should occupy himself with dinei mamonot"-- civil law, the subject of much of this parashah--"for that law is an overflowing spring." Rav Yechezkel Abramsky zatz'l explains this metaphor as follows: Life is a constant flow of new inventions, each of which requires the Torah to reveal itself in a new way. (Indeed, it could be said that Hashem brings about new inventions so that new aspects of the Torah will be revealed.) Civilization has changed a great deal since the Jews stood at Har Sinai. Trains, steamships, electricity, telegraphs, telephones, corporations whose stock is traded without the founders' awareness, and paper money all have transformed the way business is transacted. [Ed. This is Rav Abramsky's list.] The civil law of the Torah has answers to the issues raised by each of these changes. One who has focused solely on "comparative law"--examining the relationship of halachah to Roman law or some other ancient code--will not see this. However, just as there is nothing new in nature, rather, everything "new" is just the flowering of G-d's original creation, so there is nothing new in halachah. Just as a house is built from plans, so the Torah was Hashem's blueprint for creation and every eventuality already is accounted for. And just as each invention leads to new inventions, every word of the Torah is a door into many rooms containing the Torah's response to the developing creation. (Chazon Yechezkel, intro. to Bava Kamma.) ************************************ "And these are the laws which you shall place before them." (21:1) Rashi comments: The "vav" (meaning "and") at the beginning of this parashah teaches that just as the laws in last week's parashah were given at Sinai, so were those in this week's parashah. Would we think otherwise? ask some commentators. Rav Aharon Eliezer Paskez þ"þþ (died this week in 1884) answers as follows: There are two types of laws--"chukim" (laws whose reasons are not known to us) and "mishpatim" (common sense laws). One who keeps the former clearly does so only because they are G-d's commands; however, there is a strong temptation to observe the latter because they seem right to us, rather than because G-d has commanded them. Chazal say that one who judges truthfully becomes a partner with G-d in creation. How so? Because G-d created us imperfect in order that we might complete creation by controlling and perfecting ourselves. A judge who remembers that he is enforcing G-d's law, not his own common sense, is one who is in control of his will. The last law in the previous parashah is a chok. It is not clear why the altar must have a ramp and not stairs. Rashi is reminding us that just as that chok is from Sinai, so the common sense civil laws of this week's parashah also should be kept only because they are from G-d. (Mishmeret Eliezer) ************************************ Rav Chaim Shmuelevitz zatz'l said: Those prohibitions of the Torah which are common sense may be compared to decaying meat. Although one would avoid such meat just because it smells bad, he must also remember that the meat is poisonous. So, too, though one would avoid actions such as theft and murder out of common sense, he should remember that G-d prohibits them as well. (quoted in Ta'am Vada'at, Parashat Vayetze) ************************************ We read in this parashah that the Torah punishes a burglar more than it does a robber. Why? Because a burglar fears man more than he fears G-d, therefore he works at night. (A robber does not fear G-d, but at least he does not fear man either.) Rav Velvel "Brisker" Soloveitchik zatz'l elaborates: A robber cannot control his impulses. He sees something that he wants, so he takes it. By contrast, a burglar plans his crime. That is his wrongdoing; once he is thinking, he should be thinking about the severity of his crime, rather than how to perpetrate it. Because he does not, he is worthy of additional punishment. In the same way, says Rav Velvel, a person who selectively keeps mitzvot is worse than one who observes none of the Torah. The misuse of one's mind for "choosing" mitzvot is itself a crime. (quoted in Ta'am Vada'at) ************************************ ". . .yield to the majority." (23:2) From this verse Chazal derive that in disputes among the sages, the law follows the majority. Why? asks Rav Avraham Yitzchak Kook zatz'l. Is it because the majority is presumed to know best or is this an arbitrary way of keeping order in society? It is generally understood that as between Bet Hillel and Bet Shammai the former yeshiva was more numerous while the latter had sharper students. Rav Kook suggests that the two schools themselves argued about the above question. Bet Shammai held that the reason the halachah follows the majority is that the majority is presumed to know best. However, when the minority is known to be smarter, this rule should not apply. Bet Hillel, however, held that the halachah follows the majority as a way of keeping order in society, regardless of who knows best. This dispute has practical consequences. For example, what if the majority never heard the views of the minority. In Bet Hillel's view, this would not matter; the majority prevails in any case. However, according to Bet Shammai, the majority cannot be presumed to know best if we know that it has never considered the views of the minority. (Ein Ayah, Berachot 37a) ************************************ Yahrzeits This Week Rav Yosef David Zunzheim: born 5505 (1745); was President of the "Sanhedrin" convened by Napoleon; authored Yad David on mishnah and a commentary on Shulchan Aruch; died 28 Shevat 5572 (1812). Rav Eliyahu Habachur Halevi "Ba'al Hatishbi": famous Hebrew grammarian; died 29 Shevat 5309 (1549). Rav Avraham ibn Ezra: Torah commentator and poet; born in Spain but traveled extensively in Europe, including London and Rome; also wrote works on Talmud, grammar, and science; died 1 Adar I 4954 (1194). Rav Azaryah Figo: born in Venice 5339 (1579); author of Binah La'itim and Gidulei Terumah; rabbi in Pisa and Venice; died 1 Adar 5407 (1647). Rav Shabtai Hakohen: born in Vilna 5383 (1623); author of Siftei Kohen one of the most important commentaries on Shulchan Aruch--the two usually are printed together; died 1 Adar I 5423 (1663); his great-granddaughter was the wife of the Ba'al Shem Tov. Rav Emanuel Chai Riki: kabbalist; author of Mishnat Chassidim; died 1 Adar 5503 (1743). Rav Eliyahu David Rabinowitz-Teomim (the "Aderet"): born 6 Sivan 5603 (1843); rabbi of Ponovezh, Mir, and Yerushalayim; father-in-law of Rav Kook; died 3 Adar I 5665 (1905); left behind more than 100 manuscripts. ************************************ Donations to Hamaayan are tax-deductible.