OnegShabbos "North West London's Weekly Torah and Opinion Sheets

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CONTENTS

VAESCHANAN .............2

EKEV ................................ 12

RE'EH .............................. 23

SHOFTIM .................. 31

KI SETZEI ................... 41

KI SAVO ...................... 46

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AHA Friendly Reminder

Dayan Elimelech VanzettaRav of the Orthodox Jewish Community of Chile, Former Secretary General of the Conference of European Rabbis, European Director of 70 days for 70 years

Only beware for yourself and greatly beware for your soul, lest you forget the things that your eyes have beheld and lest you remove them from your heart 1

The Gemara2 describes an incident which occurred with a pious man who was davening while on the road. A certain General came and extended a greeting to him, but he did not respond. The General then waited until he finished davening and told him: Boor, is it not written in your Torah only beware for yourself and greatly beware for your soul? When I greeted you, why did you not answer me? Were I to cut off your head with a sword, who would demand satisfaction for your blood from me? The pious man asked the General to be patient with him and proceeded to ask the General what he would do if he were standing before a king of flesh and blood and a friend greeted him at that moment. The General was then appeased and the pious man departed to his home in peace.

In spite of the rhetorical example given by the pious man, many commentators maintain that the Generals question was in fact justified as the pious man did put himself at risk3. The Pele Yoetz4 goes even further and understands the conclusion of this Gemara as saying that the pious man

departed to his home in peace, meaning, went to his eternal abode in the World to Come, due to the fact that he did not heed the warning of the Torah.

The Maharsha, however, comments that the aforementioned verse, used by the General, does not refer to physical danger, for we clearly find in the Mishnah5: Rabbi Dostai bar Yannai says in the name of Rabbi Meir: Whoever forgets anything of his Torah learning, Scripture considers it as if he bears guilt for his soul, for it is said only beware for yourself and greatly beware for your soul, lest you forget the things that your eyes have beheld

Rambam6, on the other hand, understands this verse as pertaining to physical danger, and his words are brought down as the halachah in Shulchan Aruch7. The Vilna Gaon, commenting on the words of Maimonides, explains that the source for his halachic stance was precisely the Gemara mentioned above.

We furthermore find another ruling by the Rambam8 which warns us that we should have the intent that our bodies be whole and strong, in order for our inner soul to be upright so that (it will be able) to know G-d. For it is impossible to understand and become knowledgeable in wisdom when one is starving or sick, or when one of his limbs hurts him. If so, we see that one must be protective of ones physical well-being in order to be protective of ones spiritual well-being and acquired Torah knowledge.

1 Devarim 4:92 Brachos 32:23 See Tzlach; Magen Avraham 104:1; Taz on Orach Chayim 66:14 On Shmirah5 Pirkei Avos 3:106 Hilchos Rotzeach 11:47 Choshen Mishpat 427:88 Hilchos Deos 3:3

Ramban, however, commenting on the verse in question, writes that it is the source of a negative commandment, and that is, the prohibition on forgetting what we all witnessed at Mount Sinai. A possible reason for our personal encounter with the Almighty at Mount Sinai was so that we could learn to fear and respect Him all our days and to teach this important lesson to our children. The purpose of this great commandment lies in the fact that had we heard the words of the Torah coming solely from the mouth of Moshe Rabbeinu, ah, even though his level of prophecy was matched by signs and wonders, should another prophet or dreamer arise in our midst, also accompanied by signs and wonders, and instruct us to do the opposite, a certain doubt would enter our hearts. However, since the Torah was given to us by the Almighty Himself, to our ears, to our eyes, with no intermediary, we will be able to argue against anyone who wishes to divide or instill doubts in us.

The poignant words of the Ramban speak volumes to all of us, for as we know, the Gemara9 tells us that every single Jewish soul was present at Mount Sinai at the time of our personal encounter with G-d, as it says in the verse,10 Not with you alone do I forge this covenant and this oath, but with whoever is here standing with us today before Hashem, our G-d, and with whoever is not here with us today.

We can infer, therefore, based on this Gemara that whenever our behaviour, physical or spiritual, is contrary to Torah, we are not only transgressing a commandment passed down to us by our forefathers, but also engaging in the prohibition described by Nachmanides of forgetting that we, ourselves, are witnesses of our encounter with Hashem at Mount Sinai and this oblivion, in and of itself, puts us in spiritual danger and leaves us open to physical perils11.

In our day and age there are a myriad of dangers personified by countless dreamers and false prophets who spread their message and advance their agenda. Many times they do so and claim to be acting in G-ds name and many times they do so precisely to negate G-ds own existence, G-d forbid. Their message may even be very enticing and seductive to some, but it will not be of interest to those who know for a fact, as we do, that we stood before the King of Kings at Mount Sinai and that we stand, every day, before the Divine Presence, whenever we learn Torah, as it says in the verse12, in Parshas Yisro, precisely describing our meeting at Mount Sinai: In every place where I will mention My Name, I shall come to you and bless you.

But just in case we have a frail memory, just in case we are tempted to forget of all this, G-d reminds us again in this weeks Sedra not to forget Mount Sinai, not to forsake our learning and not to expose our bodies, the vehicle through which we are able to observe His commandments and bring holiness to this world, to physical dangers.

9 Shabbos 146a10 Devarim 29:13-1411 See Sefer Kemotzeh Shalal Rav which brings an opinion by HaRav Yaakov Kaminetzky,

ztl.12 Shemos 20:21

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07860 017 641SHAILATEXTDO YOU HAVE A QUESTION? ASK THE federation

T H I S P A G E I S K I N D L Y S P O N S O R E D B Y T H E F E D E R A T I O N

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Summer Holiday Guide

Dayan Y Y LichtensteinRosh Beis Din, Federation

Holiday FAQs [part 1]When staying in a rented self-catering cottage or flat or a

non-kosher hotel, or even in a self-owned property far from any established Jewish community, many shailos can arise.

The Ask the Federation team, comprising Dayan Lichtenstein and Dayan Elzas of the Federation Beis Din, along with Rabbi Dovid Tugendhaft, Rabbi Yaakov Hamer, Rabbi Yonasan Roodyn and Rabbi Eliezer Zobin, have put together these frequently asked questions.

Please note that the responses are intended to be a guideline and wherever possible one should consult ones own Rav.

PART 1: THE KITCHEN

1. Can I kasher the microwave in a holiday cottage? How?

Many just double wrap all food taking care to ensure that any bags/wrapping dont burst. However if it is necessary to kasher the microwave, follow these steps. A) Ensure it hasnt been used for 24 hours and that its absolutely clean. B) Place a container filled with water inside the microwave and heat it up on high for long enough that it steams out of the oven. Then move the container and steam out the oven again (thereby ensuring that the second time it kashers the area which was under the container the first time around.) The microwave may now be used as normal.

2. Do I need to kasher the sinks in a non-kosher holiday kitchen or is it enough to use a washing up bowl?

You may use washing up bowls in a treif sink. Alternatively, metal sinks can be kashered by ensuring they are clean, leaving for 24 hours and then pouring water from a kettle immediately after it has been boiled, keeping the spout close to the surface and making sure that each part of the sink is completely dry when the water from the kettle comes into contact with it. Ideally then run cold water over it.

3. Do I need to cover the counters and the shelves in the fridge and freezer?

The counters will need covering if you want to put down anything hot. The shelves of the fridge/freezer do not need covering but should be inspected and if necessary cleaned, to ensure they are clean and free from food remnants from previous occupants.

4. How do I kasher an oven in a holiday cottage? Does it make a difference if its gas or electric?

The Federation does not permit the kashering of ovens from non-kosher to kosher. Everything that goes into the oven should be double-wrapped.

5. How do I kasher an electric hob?

For a standard electric ring or electric plate on which the pot rests, clean the hob and turn each ring on to full power for 45 minutes. There is no need to wait 24 hours. However for electric rings that are embedded into the metal of the stove top itself, one must clean the hob, wait 24 hours, then turn each ring on to full heat for 45 minutes and pour boiling water over the surface.

6. How do I kasher a gas hob?

Clean the hob thoroughly and leave on full flame for 20 minutes. Ideally, cover the hob with a blech or a simmer ring during this process. If you dont want to kasher the hob, ensure it is clean and place chicken wire (or the wire grate from a disposable BBQ) between the pot and the hob.

7. How do I kasher a ceramic or induction hob?

Ceramic or induction hobs can be kashered by cleaning them, waiting 24 hours, then turning the hob on and placing a simmer ring or wide flat pot on top of each ring, keeping it on the maximum temperature for 45 minutes and then pouring boiling water over it. Please note that induction hobs will only work with special pots and pans you will need to take your own kosher ones along or purchase a simmer ring which your regular pots and pans can then be placed on top of. However you can use non-kosher pots for koshering purposes.

8. Am I allowed to buy pas palter and/or chalav stam when on holiday away from an established Jewish community?

When you are not staying near any shops where kosher food can be purchased, you may eat genuine pas palter products. However there is no heter to use chalav stam products, both food and drink, in this situation.

9. Can I use the dishes/cutlery/glassware provided by the holiday cottage if its just for cold food?

Ideally a person should use kosher crockery, cutlery etc or disposable items. However if nothing is available and they are using it for cold foods such as cereal there is room to be lenient.

10. Can I use the kettle provided by the cottage?

If the kettle looks normal and has only a white residue inside it, then we do not need to be concerned that it has been used for boiling other things. It can therefore be used. Preferably wipe down the outside first and then boil it up once and discard the water. It can then be used as normal. However if it has a black residue inside it then you should not use it as this would indicate it has been used to heat something other than water.

?? QUIZ TIME??Answers can be found on page 51, inside back cover 1. Why does Parshas Vaeschanan always fall after Tisha BAv?

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Holiday or Headache?Rabbi Yaakov Barr MSc (CBT), Pg DipRabbi Yaakov Barr is a psychotherapist in private practice in London specialising in Cognitive Behaviour Therapy

We all know that holidays are good for us. There is a wealth of research demonstrating what psychologists (and travel agents!) have known all along, holidays are an invaluable ingredient to our psychological, physical and spiritual wellbeing. Whatever form they take, be it in a five-star luxurious holiday or a simple house swap, holidays are a chance to unwind, regroup and enjoy quality time with family and friends. Taking the time to recharge the batteries lowers stress levels, which in turn keeps many of the vital

organs, including ones heart and ones brain, healthier and functioning properly.

But leaving anxiety behind once were on holiday is sometimes easier said than done. In a recent survey, 50% of Britons said they were more exhausted after going on holiday than they were before they went. Often vacations end up being more stressful than regular day to day life. There are schedules to keep, children to be entertained and a strange pillow to contend with. There are hold-ups on the motorway, delays at the airport as well as the expected lost luggage and lost reservations. There is the nagging pressure (usually by the younger members) to hurry up and get to all the attractions and the inevitable queues. The plan to retreat, relax, recharge, reflect and recreate becomes but a distant dream.

HERE ARE A FEW TIPS TO MAKE YOUR HOLIDAY A RELAXING ONE

1. Flexibility

When expectations of ourselves, of others, and of events are not realistic, stress and unhappiness are the end result. Holidays are events out of the ordinary and we often expect something extraordinary of them. Many of us want to have the perfect holiday with the perfect weather and around perfect scenery. When events dont turn out as planned, often due to circumstancesbeyond our control, we end up feeling frustrated, angry and stressed. By being flexible and having realistc expectations, we can accept whatever the reality.

Modern psychology is now realising what the Torah and Chazal knew long ago: flexibility in actions and thoughts leads to happiness, whereas rigidity leads to unhappiness. In last weeks parshah, Moshe criticised the Jewish people for being am keshai oref- a stiff necked people. (Devarim 9:6) This rigidity, says Rav Dessler is what caused the Jewish people to complain instead of accepting the reality. The Gemara in Taanis (20b) says one should be as soft as a reed and not as hard as a ceder. Avos D Reb Noson (41:1) explains that we should aspire to be like a reed. A reed is flexible and bends towards the wind so even a hurricane cannot destroy it, yet a cedar is inflexible: it cannot bend and so will collapse in the face of adversity.

2. Strive not to catastrophize

It is easy to dramatize and make something into a bigger deal than it really is. It is one of the most common thinking errors, and one which causes much anxiety and anger. When problems arise, we need to view them objectively. A real catastrophe might

be when human life is taken or a natural disaster occurs. A catastrophe is not when the hotel room is not ready, the food is not tasty or the car breaks down.

3 Digital Detox

Thanks to technology and our ever increasing attachment to it, having a break from our work, gadgets and emails becomes a greater challenge. Whats the point of leaving town and going somewhere thats supposed to be relaxing if you are constantly fielding emails and phone calls? For a holiday to be rejuvenating, it is vital to be completely present in the moment and the distraction caused by constantly pinging smart phones certainly doesnt exactly help in that respect. If at all possible take advantage of a phones silent facility or if you are really in the holiday mood, than even opt for the off button.

4. Mindfulness

Mindfulness is a concept which is revolutionising the world of psychology. Mindfulness is simply training our minds to be in the present rather than always being in the past, which can be depressing, or in the future, which can cause anxiety. With mindfulness we live in the being mode, using all our senses (sound, sight, taste, touch, smell) to fully experience daily activities like eating and walking. So try to stay fully focussed on the present during your holiday, taking in the whole experience, the scenery, the sounds, the tastes and the smells! By being in the moment as much as you can, you can make your time away, a real holiday and not a headache.

?? QUIZ TIME??Answers can be found on page 51, inside back cover 2. There is a mitzvah not to add to or detract from the mitzvos of the Torah. It is easy to understand why we may not detract, but why can we not do more?

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Uriel RoodynThe Beis - London's foremost Makom Torah for those wishing to combine serious learning with work or university study

There is disagreement between several Rishonim as to whether the Ten Commandments actually constitute ten mitzvos. The Ramban and Kuzari as well as several other notable Rishonim consider the first of the Ten Commandments,

Anochi Hashem Elokeicha to be a prerequisite of faith and therefore do not include the command as one of the 613 mitzvos. On the other hand the Rambam lists it as a positive mitzvah which he describes as a command to know that there is a G-d. The implications of this disagreement are far reaching but we will examine just one in the following article.

When the Ramban and Kuzari comment on the first commandment each quote the text, Anochi Hashem Elokeicha asher hotzesicha meEretz Mitzrayim - I am the Lord, your G-d, Who brought you out from the Land of Egypt. For both, the belief in G-d is a prerequisite to the Jewish faith and the first commandment is a pre-condition of the other commandments. Man arrives at faith in G-d through intellectual, psychological or emotional factors based on his percieved individual reality. As a nation we believe in G-d because he revealed Himself to us within our own historical reality in Mitzrayim which is why both the Ramban and Kuzari quote Who brought you out from the Land of Egypt.

However, when the Rambam describes the commandment to know Hashem he deliberately quotes the first commandment as just I am the Lord, Your G-d, without the rest of the passuk. The Rambam refuses to include the part of the passuk which references G-ds actions in history because he is unwilling to accept any non-religious historical pre-conditions to belief in G-d. Man does not reach knowledge of G-d because he

understands something of history or nature. If this were the case, it would follow that there is something outside of the halachic framework that brings us closer to G-d and leads us to believe in Him. According to the Rambam we believe in G-d because it is a mitzvah to do so; if anything else were to compel us to believe in G-d there would be no religious value in the belief.

In addition if our fundamental belief in G-d is based on G-d perceived in terms of our historical reality, then our belief in Him is conditional on His involvement in our reality. How can this be true when we believe G-d to transcend our reality entirely and exist regardless of our own existence? It is a contradiction in terms to say that G-d is both transcendent and yet our fundamental belief in G-d is found when seeing G-d in human history.

Evidence for the strength of the Rambams rejection of the Ramban and Kuzaris idea can be found at the start of the Mishneh Torah. In the first four halachos, the Rambam assumes that G-d is already known and the commandment to know G-d is a requirement of Man to ensure that he makes no mistake in his interpretation. In fact, throughout the first four chapters, all of which are completely devoted to the mitzvah of knowing G-d, there is not a single mention of Mitzrayim or anything even remotely connected to human history. The halachos defining the mitzvah to know G-d depend solely on logic and do not even reference any divine interventions. The Rambam is emphasising that G-d exists regardless of anything else and therefore our faith in Him cannot fundamentally be founded on anything other than His commands.

To summarise, the disagreement between the Ramban and the Rambam as to whether to consider the first of Ten Commandments as mitzvah belies a far more fundamental disagreement. The Ramban and the Kuzari consider the belief in G-d to be based on His interaction with us through the medium of human history culminating for Bnei Yisrael with His intervention at Mitzrayim. The Rambam is unwilling to attribute any religious significance to anything other than mitzvos to the extent that even belief in G-d would lack religious value if not a mitzvah.

?? QUIZ TIME??Answers can be found on page 51, inside back cover 3. When else during the year do we read from Parshas Vaeschanan?

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Kalman Weissbrauncoming soon!

THE ONEG YOMIM NOROIM EDITION

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MiYemini MichoelRabbi Michoel JablinowitzRosh Yeshiva Ateret Yerushalayim

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Pirkei Avos, Chapter 4 Mishnah 1Ben Zoma says, Aiyzehu chacham? Halomeid mi'kol adam,

Who is a wise person? Someone who learns from everyone. Aiyzehu gibor? Hakoveish es yitzro, Who is a strong person? Someone who conquers his desires. Aiyzehu ashir? Hasameach b'chelko, Who is a wealthy person? Someone who is happy with his lot. Aiyzehu mechubad? Hamechabed es habriyos, Who is respected? Someone who gives respect to others.

This well-known mishnah which begins the fourth chapter of Pirkei Avos describes how one is able to attain four common goals of mankind: wisdom, wealth, strength, and honour. The wise person is described as one who learns from all, as the verse in Tehillim states, Mikol melamdai hiskalti - from all my teachers I have gained wisdom. Why does one need to learn from everyone? Perhaps the really wise man only learns from the best teachers. Why do our sages emphasize that one needs to learn from all people and not only from the most experienced scholars?

The Maharal answers that if one learns only from the greatest experts, this expresses more about the teacher than the student. The teacher is interesting, might speak well, or might be so brilliant that he attracts others to him. But it doesn't necessarily teach us anything about the person learning from him. Ben Zoma is teaching us the definition of a wise person. And that is someone who searches for wisdom in all places and from all sources. When one is always searching out wisdom, and it doesn't make a difference whether the teacher is brilliant or articulate as long as he has something to teach, this indicates that he is a chacham, a wise person. Only when one learns from all potential sources is it understood that wisdom is definitional and essential to who he is.

A respected person is defined as someone who gives honour to others. One might think differently; an honourable person is to whom others give respect. If he gives honour to others, perhaps it is because he is less significant than they. Ben Zoma teaches us that this is not so. When someone gives honour to others, it tells you who he is. The Midrash Shmuel on Avos teaches that it is comparable to a vessel from which one pours. The contents of the vessel indicate what the vessel is; an oil jug is only an oil jug if it contains oil. The way one acts and behaves defines the essence of the person. One who treats others with respect is one who is full of respect; he is an honourable person.

The converse of this is the famous Gemara in Kiddushin 70a: Kol haposel b'mumo posel. Someone who disparages

others, teaches the Gemara, is really speaking about himself and indicates his own shortcomings. The Rambam even states in Hilchos Isurei Bi'ah that one should not marry into a family of one who calls others mamzerim, for we are concerned he himself is a mamzer. Similarly, one who acts with honour and treats others respectfully indicates that he is an honourable person.

The wealthy man is happy with his lot. The Midrash Shmuel teaches that typically with physical pleasures, the body has a limit. One can only eat a certain amount of food. Each person has a point of satiation and beyond that limit there is no pleasure. The exception to this is money. There is no limit to desire for wealth. One always wants more. The limit and satiation must come from within the person himself. This self-imposed limit provides the sense of satiation and satisfaction. This is the statement that Yaakov makes upon meeting Eisav, Yesh li kol, I have everything. I don't need anything else, just like one might say, I can't eat anymore. And this is in contradiction to Eisav who pronounces

Yesh li rav, I have a lot. There is no end to what a lot is.

And the strong person is one who conquers his desire. The Midrash Shmuel points out that Ben Zoma didn't teach that the strong person destroys his desire. This is because the yetzer hara, one's desire for physical pleasure, is essential for the world to exist. Without desire, people wouldn't get married and have children; there wouldn't be commerce and industry. The idea is once again to set limits, have self-control and exercise restraint with one's desires. When one has the discipline to apply his desire for pleasure, only in a constructive manner, this is the essence of strength. This is the real gibor.

The common thread in the Mishnah is that a person is defined by what the essence of the person is. He isn't defined by things outside of himself, by his acquisitions, his teachers, or what others think of him. In all of the examples in the Mishnah, the person is defined by what his essence is. When he is always learning from others regardless of who is available to learn from, this defines him as wise. When he shows honour to others, this teaches us he is full of honour. One is defined as wealthy only when he is able to put limits on himself and appreciate what he has. And when he controls his desires, it shows us the true definition of gevurah: the one with the inner strength to use temptation and desire only to serve Hashem.

?? QUIZ TIME??Answers can be found on page 51, inside back cover 4. Which two letters stand out in Parshas Vaeschanan and how are they signicant?

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Rabbi Avi HillDirector of JBox

Our sages tell us in Devarim Rabbah (11:10) that Moshe Rabbenu prayed 515 times. He pleaded with Hashem to be allowed into Eretz Yisrael. Hashem answered him by saying,

Stop praying about this matter, because if you pray one more time, I will have to fulfill your prayer.

The numerical value of vaeschanan is 515, as is that of tefillah. This alludes to the potency of the prayer of Moshe Rabbenu.

This sedra teaches us about prayer, which leads to many questions.

Firstly: why pray?

Hashem loves us and knows what is best for us, so why do we need to pray for personal requests. Surely we cant change Hashems mind? One explanation, as taught by Rabbi Tatz, is that prayer does not change Hashem, but changes the individual. The root of the word tefillah is pallel, which is reflexive and means to change within. Our first goal of prayer is to change ourselves.

When my son Yitzy had his bar mitzvah, a good friend of mine bought him a dartboard as a present. Darts were an interesting choice of gift for a 13 year old boy and when his sisters begged me to take them away from him, I explained to Yitzy that when I could trust him to look after the dartboard responsibly and that the darts would only be thrown at the board, then he could have it back. Three years later when he matured, it was returned to him.

Rav Yakov Hillel explains that when we take three steps backwards at the end of the Amidah, we should be a different person from the one who took three steps back at the beginning of the Amidah.

There are times when Hashem wants to give us blessings, but we are not ready to receive them. We pray to change, to mature, to become more refined, and we pray that we are now ready to be a vessel for blessings.

How do we pray?

The Nesivos Shalom explains that the greatest way to pray is with a broken heart. As it says in Psalms 51, A broken and humbled heart, Hashem never despises. Moreover, to pray with tears is special. The Talmud in Brachos says, The gates of tears are never locked.

The legendary Baal Shem Tov once went to a woodchoppers house in the forest. The man was very poor and yet the Baal

Shem Tov knocked on the door and asked to lodge in his small residence. The poor man did not know what to make of it, but did everything he could to be hospitable. However, at the end of the week, the Bal Shem Tov had eaten the woodchopper out of house and home and the poor man had lost all the material possessions he owned to enable him to be able to stay.

The poor man, who was now completely penniless, broke down in the forest and cried to Hashem to help his family. A few days later, the Kings soldiers knocked on his door asking for his homemade wine. The King had found out about this fine wine a few years back from a guest who had passed through. The poor man became incredibly wealthy, as the entire kingdom became his customers. The Baal Shem Tov explained that Hashem had the blessing of wealth waiting for the man, but the only way to receive it was with a prayer from a broken heart.

Finally, David HaMelech tells us Heemanti ki adaber I have faith when I pray. Rav Dessler explains the way in which we pray is a reflection of our emunah. The greater our emunah in Hashem, the more effective our prayers are. As it says in Psalms, Cast your lot off to Hashem and He will sustain you. Too often we say,

Leave it to me! If we leave it to Hashem, He can deliver us the blessing for which we yearn. As King David says, the one who trusts in Hashem will be encircled by kindness.

A young woman started attending our classes at Jbox and after several weeks told her story. She was from North London, brought up religious, and married with a family. Tragically, she became addicted to alcohol, then to drugs, and after falling into cocaine and heroin, her husband divorced her and the children were put into care. At rock bottom, she entered rehab outside of London and after eight months of receiving help, she started to get back on her feet. The treatment took place in a church hall and she associated her recovery with Christianity. She decided she would raise children in this new Christian environment. However, one day she prayed with a broken heart and said, Hashem if you do exist, show me a sign that I should stay within Judaism. That week, as she came out of an AA meeting in London she bumped into an old friend who asked if she was attending the class at Jbox. She did not know what it was and it was the furthest thing from her mind. The friend persuaded her to attend and she was brought into the class. The speaker that night was Rabbi Dovid Tugendhaft, who spoke of beauty and compassion within spirituality and Judaism, which the young woman had never heard before. She took it as the sign from Hashem and has now found answers in Judaism and returned to a Jewish lifestyle.

Hashem listens, we just need to pray!

?? QUIZ TIME??Answers can be found on page 51, inside back cover 5. How many mitzvos can you think of from Parshas Vaeschanan?

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Dayan Yonason HoolDayan on the Beis Din Nesivos Chaim, Yerusholayim, Member of the London-based Chartered Institute of Arbitrators.

CASE STUDYA property developer entered into an oral agreement with the

owner of a block of flats under which the developer undertook to obtain planning permission to demolish the block and replace it with new town houses. Once this was achieved, the owner would sell him the freehold for 12m, the developer would develop the property according to the permission, the six houses would be sold and half the proceeds in excess of 24m would be given over to the original landowner.

The developer spent 18 months acquiring planning permission to demolish the block and replace it with new town houses, and when he finally achieved the permission, the property increased in value by 4m. At this point the landowner backed out of the agreement, and no longer wanted to sell the property at the agreed price and under the agreed conditions.

In this real-life case,1 the developer claimed in court for a proprietary interest in the property based on the original oral agreement. Although no contract had been signed, the developer had, with the encouragement of the landowner, spent time and money in obtaining the planning permission and has done so, to the knowledge of the landowner, in reliance on the oral agreement, and thus the landowner should be held to be estopped from denying that the developer had acquired a proprietary interest in the property.

Alternatively, the claimant argued that equity can give effect to the joint venture agreed upon by treating the landowner as holding the property upon a constructive trust for himself and the developer.

Alternatively, the developer claimed for unjust enrichment. The grant of planning permission, obtained at his expense and through the deployment of his time and planning expertise, had increased the value of the property. So the landowner had been enriched at the expense of the developer and, since it was the formers repudiation of the oral agreement in principle that frustrated the basis upon which the latter had been relying, perhaps unjustly enriched.

This latter claim would not grant a proprietary interest in the property to the developer, but would rather be a claim for financial compensation.

Although in the Court of Appeal a proprietary estoppel was recognised in favour of the developer, which was remedied by awarding the developer a half share in the increased value of the property (i.e. 2m), this was overturned by the House of Lords.2 The developer was awarded only 150,000, which reflected the application expenses and a reasonable fee for professional services.

1 Yeomens Row Management v. Cobbe2 Primarily, it was held that in a commercial context, with both parties being experienced

in the field and being fully aware that no contract had been signed, there can be no case for estoppel nor the creation of a constructive trust. The retraction of the landowner, unconscionable though it undoubtedly was, was not sufficient. The claimants argument that both parties considered themselves to be bound in honour to perform the contract was rejected.

Let us consider what would have transpired had the parties been Jewish, and, being aware of the mitzvah to seek arbitration in Beis Din (and the severe prohibition of using a secular court) had instead brought the dispute to Beis Din, to be decided according to halachah.

TRANSFER OF TITLE IN HALACHAHIn halachah, ownership of property can transfer from one party

to another only if two conditions are fulfilled: 1) There is consent on the part of the owner to transfer the title to the new owner, and 2) a kinyan - an act of acquisition is performed that effects the actual legal transfer. (Uniquely when someone dies, the Torah-mandated heirs acquire title to his possessions automatically.) There are several different types of kinyan, and their effectiveness depends on the type of asset being transferred. A cash payment, for example, can suffice for the acquisition of real estate, but will not suffice for the acquisition of metaltelin (chattels, i.e. moveable property).

Without an act of kinyan, one cannot assume an actual interest in property, and it therefore follows that an oral promise to transfer possessions to another person will not be halachically effective.

MECHUSAR AMANAHNonetheless, in certain circumstances an oral promise will

be at least morally binding, though not legally binding, on the one who made it. The Gemara (Bava Metzia, 49a; Shulchan Aruch, Choshen Mishpat, 204:7,11) rules that if an oral agreement has been made between two parties to a commercial deal, although this is not legally binding until a kinyan has been made, nonetheless the parties are expected to carry through their commitments. If either side unilaterally retracts, even before any further progress has been made, the retractor is considered a mechusar amanah an untrustworthy person and in the words of the Shulchan Aruch, Chazal are displeased with the behaviour of such a faithless party. (The Rema there interprets this to mean that retracting is not merely frowned upon, but that it is actually forbidden to retract unilaterally.) However, this is not usually actionable in a Beis Din.3

In this context, a commitment means reaching a stage in negotiations at which the price and general terms and conditions have been finalised to the parties satisfaction, and each party has explicitly agreed to go through with the deal, and thus each party is relying on the other to honour this commitment.4

In our case, then, in the absence of a contract or other form of kinyan, there would be a moral obligation for the landowner to honour his commitment to the deal, but this would not be enforceable, and it would certainly not grant any proprietary interest in the property to the developer.

3 See Nachal Yitzchok, 40, Anaf 4, s.v. iveikkar. See however Mishpat Shalom, 204:14, quoting Maharanach (118) and Maharam Mintz (101)

4 If the market value unexpectedly changes, though, there may be scope to permit a party to retract. See Shulchan Aruch, C.M., 204:11, and Gra and Aruch Hashulchan there

?? QUIZ TIME??Answers can be found on page 51, inside back cover 6. What are some of the dierences between the rst rendition of the Ten Commandments in Parshas Yisro and the second rendition in Parshas Veschanan with regards to the fourth commandment of Shabbos?Giving a voice to victims of abuseGiving a voice to victims of abuse

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Proprietary Estoppel in HalachahEMPLOYMENT AGREEMENTS

However, there is another factor to consider here. The developer, based on a clear agreement with the landowner, has carried out work for the landowner, investing time, effort and money in procuring the various building permissions. The promised consideration for this work was the deal that had been orally agreed, to allow the developer to purchase the land, develop it and sell it on. Now, an employment agreement requires no kinyan at all. For example, if A asks B to paint his house for 1000, once B does the job the money is now owed by A, with no additional kinyan required to create this obligation. Perhaps it could be suggested, then, that in our case the developer would in fact receive a proprietary interest in the property as consideration for his efforts, in line with the oral agreement between the parties that in effect can be considered an employment agreement.

This suggestion fails, though. Even if an actual proprietary share in the property had been explicitly promised as payment for the employment, and the work was carried out to plan, the property will remain in the hands of the original owner. As the Ketzos Hachoshen (332:4) demonstrates, in halachah, carrying out an employment agreement will not grant a proprietary interest in the possessions of the employer. Even if the employer had originally promised to give a specific item as payment for the work done, rather than just a sum of money, until he actually gives over this item the title to his assets remains with him.

The reason for this is that the title to metaltelin (chattels) cannot be transferred via a kinyan kesef (financial payment) alone, and another form of kinyan (such as physically taking possession of the goods5) is required. When someone provides an agreed service to another, he could in effect be considered as making a payment towards the employer with his work or service provided. But a financial payment alone cannot affect a transfer of ownership of the item promised by the employer. So the actual item promised will not become the property of the employee even after he performs the required work.

In fact, the Ketzos Hachoshen goes on to imply that even regarding the transfer of real estate, for which kinyan kesef is usually effective, an employee promised real estate as consideration for work done will gain no proprietary interest in the real estate. This is because there is a consensus amongst the poskim that work performed cannot in fact be considered as a payment made to the employer, in the manner of kinyan kesef. The maxim of yeshnah lesechirus mitchilah vead sof dictates that the payment due to a hired worker becomes obligatory on the employer incrementally, on a continual basis, with each unit of work creating an obligation for payment for that unit. The due

5 There are kinyanim for metaltelin that do not require physically taking possession of the item, such as challipin (barter), but kinyan kesef is not effective for metaltelin.

date for the payment though, will be at the completion for the entire job. It follows then that when completing the work the employee is already owed a gradually built-up debt. To acquire real estate in consideration for this debt would mean that in effect the property is being paid for with a debt, not money. Although title to real estate can be acquired with kinyan kesef, it cannot be acquired with a mere debt.

As a result, since the transfer of the item is not effective, the employer need not give that item that he had promised as consideration for the work done.6 The employer will, however, still be obliged to pay the value of the item as the equivalent consideration for the work done. 7

AGREED CONSIDERATION

There is a further point to note. In our case, the developer was not in fact promised a proprietary interest in the property in exchange for the arranging of planning permission. Rather, it was agreed that as consideration for his services, he would be given the opportunity to purchase the property (which would undoubtedly have increased in value due to the permission granted for developing) at the agreed price, with the agreed conditions attached. That opportunity itself has a price and value.

It is submitted then, that although the original oral agreement cannot in halachah give a proprietary interest in the property, and cannot even compel the landowner to make the sale of the property to the developer as consideration for his services, nonetheless this value of the opportunity to develop the property under the specified conditions is the sum that the landowner must pay as consideration for the services rendered.

BEIS DIN RULING

The Beis Din would thus estimate, based on its own expertise or the appraisal of independent expert opinion, how much a developer would be willing to pay to be allowed to purchase the now more valuable property for the price of 12m, under the additional development commitments and conditions that had originally been agreed. The Beis Din would then oblige the landowner to pay this sum to the developer for his services rendered in the arranging for the various planning permissions.

Dayan Yehonoson Dovid Hool (DipICArb) is a dayan on the Beis Din Nesivos Chaim, Yerushalayim, and is a Member of the London-based Chartered Institute of Arbitrators.

6 Ketzos implies that there might be a moral obligation, though unenforceable in Beis Din, to give the employee the actual item promised rather than its value. See also Nesivos Hamishpat, 203:7; Machaneh Ephraim, Sechirus, 14

7 Ketzos Hachoshen, 332:4, quoting Rosh, Rabbeinu Yerucham and Ran. See however Rashba, Avodah Zarah, 63a, who considers the possibility that since the agreement to give the specific item as consideration is invalid, perhaps this means that in effect there is an employment agreement without any consideration agreed, and so the employee would be paid as any employee who did not specify his wages or fees would, i.e. the going rate for the job done

?? QUIZ TIME??Answers can be found on page 51, inside back cover 7. Which of the Six Remembrances said after Shacharis is found in Parshas Vaeschanan?

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The Weekly Halachic Conversation

Rabbi Avi WiesenfeldRosh Kollel, Yerushalayim and Rav at Kav Halachah Beis Horaah H

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Travelling & Vacation [part 1] Ask Before You Go

Chazal instituted a special tefillah to be said whilst on a journey, when travelling through an area frequented by armed robbers or wild animals, to protect the traveller from those dangers. Although some poskim only require it when actually travelling in dangerous areas, most poskim require it for any form of travel on any type of journey. 1

In the Gemarah, this tefillah was actually a form of request to travel from Hashem, and one would actually feel if one would be successful or not while saying the tefillah.

Q. What length of journey requires tefillas haderech to be said?

A. Chazal require one to recite this tefillah when leaving a city and travelling more than the distance of a parsa 3.84km/2.4 miles (R C. Noah) or 4.60km/2.9m (Chazon Ish).

Women are also obligated in this tefillah.2

Even one travelling for mitzvah purposes should say this tefillah.3

One going boating, fishing or sightseeing on a boat and travelling approximately three miles away from the city should also recite tefillas haderech.

One going on a cable car (the required distance see below) should also recite tefillas haderech.4

Q. When should tefillas haderech be said?

A. It should be said after one has travelled a distance of seventy amos (approx. 120 feet) past the last house in the city. If it was said too early, one has nevertheless fulfilled his obligation.5

If one is travelling in a populated area the entire time, one does not recite this tefillah unless it is a dangerous area.

When travelling on a plane (if it wasnt said on the way to the airport), it should be said on the runway as the plane takes off.6 Some have the custom not to say tefillas haderech when flying.

Since this tefillah doesnt start with a ".." one should say it close to another brachah, such as after a brachah achronah or after asher yotzar after using the bathroom. If one isnt able to do

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so, it may be said on its own as well7. Some poskim dont require this condition and allow it to be made at any time.

Q. How many times a day must this brachah be said?

A. It is only said once a day, no matter how many times a person travels during that day8.

If one is travelling continuously for a few days, it should be said each day (in this case one need not wait until he is 72 amos past the last house see next question) provided one slept for a proper length of time in the night.9 When travelling at night and continuing the next day, it should be said at night when one starts the journey, and then the next day without the brachah at the end.10

If one said tefilas haderech and along the way stopped travelling for a few hours, and continued on his way, he need not say it again.11

One saying it on the way to the airport for example, should have intention to cover the flight also.12

Q. What is the correct manner to say tefillas haderech?

A. If one is driving, it is always best to stop the car and say it, since all brachos should be made while standing in one place.13 One need not leave the car. If one is travelling on a bus or train, its best to stand if possible.14 If it is difficult to stand, it may be said sitting.15

Q. Should each person make his own brachah, or should one person say it to exempt everyone else?

A. Although the minhag seems to be that one person says it for everyone,16 some poskim prefer that each person recites his own brachah.17 It is best not to say it over a microphone.18

The Satmer Rebbe, ztl, used to say one who goes on holiday should remember that although one may be leaving his home, one cannot leave Hashem. Have a Safe and Enjoyable Trip!

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RYPolish Jewry [part 6]

Dr Charles LandauJewish historian and Dentist. He has lectured and given shiurim around Britain, America, German, Poland and Italy. He is a Jewish Tour leader, having led groups to Germany, including Berlin, Italy and Poland

My People Were No MoreFor 1000 years Jews had lived in Poland. For 1000 years they

had been part of, yet separate from, Polish society. They had produced a wealth of Jewish learning and literature, great seats of learning and yeshivos. Talmudists, codifiers, a Golden Age. Lands of mysticism, misnagdim and chassidim. Outstanding rabbis and personalities. At the outbreak of WWII nearly 50% of lawyers and doctors in Poland were Jews. Polish Jewry spanned all types and shades of opinion, belonging to movements as disparate as the Bund, Zionists, Polonisers, Aguda and others.

The story is told of a boy who goes into a travel agent before the War and asked to see a globe to discover where he could escape. He turns the globe this way and that and then looks the agent in the eye and asks, Is there anywhere else?

If the German policy was to get the Jews out, when they came to Poland they met people who had the same idea.

The Polish Government called for mass emigration of all Jewsbut where to?

there is not space for two nations on the Vistula

Prime Minister Koc stated emigration was,

Indispensable for the solution of the Jewish Question in Poland

1st September 1939 was a Friday night; the shuls were filled to capacity as Germany carried out their blitzkrieg on Poland. By Rosh Hashanah, some two weeks later, German intentions were plain: dehumanisation, executions and desecrations. Rosh Hashanah and other yomim Tovim were, as would become clear in the course of time, the occasions for horrific actions against the Jews:

Lodz, September 13th 1939: Jewish population: 233,000 (one third of the population):

Erev Rosh Hashanahaccording to an order issued today, stores are to remain open tomorrow. What a blow to the Jews on Rosh Hashanah...however, the synagogues are to be closed. There is no possibility of communal prayer for mercy

In Lodz there were three famous synagogues and none were to survive: the Old Town Synagogue, the Temple and the Vilker Shul. This latter shul contained a magnificent library and beis medresh. It was the largest place for Torah learning in the city. There was a time when study in the beis medresh proceeded uninterrupted for 24 hours a day. In a mystical sense, as long as people learnt Torah, the world would keep spinning. The last appearance of this shul was in a German propaganda film. The famous chazan Winograd in the forced service takes the Torah out the Aron and states in Hebrew Hayom yom shlishi. So that anyone who might one day see this film would know that the Jews were forced to hold this davening, for no one ever leined on a Tuesday. This was a small, but significant form of spiritual resistance. In the second half of 1940, the Vilker shul was destroyed along with its sefarim and sifrei Torah

Warsaw: Jewish population: 394,000 (one third of the population) also felt the enormity of the tragedy. Erev Rosh Hashanah 5701 (1940):

Near the main synagogue some side room is chosen with windows facing the courtyard, and their hearts are poured out to the God of Israel in whispered supplications. This time it is without cantors and without choirs, there are only whispered prayers, but the prayer comes from the heart; even tears may be wept secretly, and the gates of tears cannot be locked

Warsaw became the iconic representation of Jewish resistance, physical and spiritual.

Emanuel Ringleblum started the project to record all information on the fate of the Jews:

I began to collect material on current events in October 1939.

The project was known as Oneg Shabbat and contained over 20,000 pages. Then the material was buried in milk churns. The majority of the Oneg Shabbat Archives survived the war. Ringleblum did not. During the Warsaw Ghetto Uprising, when captured, he chose not to escape:

I prefer to go the way of kiddush Hashem

Heroism and resistance takes many forms. The Rabbinic statement:

When everyone acts inhuman, what should a man do...He should act more human.

So much of Polish Jewish history is drenched in the theology of dying al kiddush Hashem.

In the Warsaw Ghetto uprising, the expression al kiddush Hashem was redefined.

Death was an inevitability, but not an option.

Rabbi Isaac Nissenbaum taught that there must now be a new emphasis: Kiddush ha-Hayyim ("Sanctification of Life"). In ancient and medieval times when the enemy wanted to shatter the Jews religious commitment, the appropriate mode of resistance was to surrender one's life. But what the Nazis wanted to destroy was the Jews body, their physical existence. Therefore, he taught, the highest form of resistance was to hold on to life.

Rabbi Menachem Ziemba declared. sanctification of the Divine Name must manifest itself in resistance to the enemy.

In the presentwe are faced by an arch foe, whose unparalleled ruthlessness and total annihilation purposes know no bounds. Halachah demands that we fight and resist to the very end with unequalled determination and valour for the sake of Sanctification of the Divine Name.

Polish Jewry is no more. Chachmei Lublin is silent. Graveyards make the most noise.

But the legacy of what there once was must live on in us.

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AHThe Test of Manna From Heaven

Rabbi Chananya SilvermanDirector of Operations at JLE (Jewish Learning Exchange)

A while back the National Lottery made 100 people

from the UK millionaires. Did you buy a ticket? Did

you win? What would it be like to have 1 million?

Think of the holidays, the new car, even the new

house (although with house prices today you

wouldnt get much for your money). What would you

say if you won this week? Baruch HaShem. What a

brachah!

But generally everyone knows that life is a test. We

struggle to make a living, to raise our children, to build up our

communities. Nothing comes easy, and our test is to deal with

the hardships and frustrations in the best way possible.

But what if our livelihood were served up to us on a silver

platter? How wonderful that would be! No more worries about

how to pay for the children's school fees or to fix the car. What

if everything we needed came to us like manna from heaven?

Would we consider this a test? Hardly. We would consider it a

brachah.

According to Rabbi Frand, the Torah seems to say otherwise.

As soon as Klal Yisrael left Egypt they started to complain

(Shemos 16:3), "If only we had died by the hand of G-d in the

land of Egypt when we were sitting beside the meat pots, when

we ate our fill of bread; now you have brought us out into the

desert to let the entire congregation starve to death."

"Behold, I will rain down bread from the heavens on you,"

Hashem replied (ibid. 16:4). "The people shall go out to collect

their daily portion every day, in order to test whether or not they

will follow My Torah." The commentators wonder what kind of

test this is. What could be better than having everything you

need delivered to your doorstep every day? This is a test? This

is a blessing!

Rashi explains that Hashem was referring to the laws that

govern the manna. One could not store away any manna for the

next day. One had to collect a double portion on Friday. And so

forth. This was the test. Would Klal Yisrael observe the laws of

the manna scrupulously?

This test is also mentioned in Parashas Eikev, "The One

Who feeds you manna in the desert...in order to test you."

Sforno explains that the test is to see if the Jews would still

follow the Torah when they do not have to worry about their

livelihood.

Yes, there is a great test in "bread raining down from

Shamayim." Affluence without effort is a dangerous thing.

It comes with a great amount of leisure time and freedom of

action. What do we do with that leisure time and that freedom

of action? Do we use our wealth to satisfy our desire for more

pleasure and worldly possessions or to see how we can help

those who are less fortunate than ourselves? This is the great

test of the manna. We are all aware of the test of poverty. We are

all aware of the trials and tribulations of being poor. However,

says Sforno, affluence also comes with great temptations. It

puts a tremendous responsibility on a person. This is the test

of the manna, and it is the test for many Jews in these affluent

times.

The Chovos Halevavos writes in Shaar Habitachon that one

of the reasons people, unlike birds and animals, must make a

great effort to earn their livelihood is to control the yetzer hara.

If we had too much time on our hands, we would be unable

to resist the temptations that it puts before us. As it is, we are

either too busy or too tired most of the time. And even then it is

a struggle to resist temptation.

The Maggid of Mezritch once said that when people face

troubles, sickness or mortal danger, Heaven forbid, they all

become religious. They all come to shul. They pray fervently.

They say Tehillim with tears streaming down their cheeks.

They give charity generously. But when things are going well,

when they are going wonderfully, do they give much thought

to the Al-mighty? This is the test of the manna.

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07860 017 641SHAILATEXTDO YOU HAVE A QUESTION? ASK THE federation

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Summer Holiday Guide

Dayan Y Y LichtensteinRosh Beis Din, Federation

Holiday FAQs [part 2]When staying in a rented self-catering cottage or flat or a

non-kosher hotel, or even in a self-owned property far from any established Jewish community, many shailos can arise.

The Ask the Federation team, comprising Dayan Lichtenstein and Dayan Elzas of the Federation Beis Din, along with Rabbi Dovid Tugendhaft, Rabbi Yaakov Hamer, Rabbi Yonasan Roodyn and Rabbi Eliezer Zobin, have put together these frequently asked questions.

Please note that the responses are intended to be a guideline and wherever possible one should consult ones own Rav.

PART 2: THE KITCHEN CONTINUED AND SHABBOS

1. The property owners have left jars of coffee and sugar, bottles of oil etc for cooking. These are all kosher-certified or approved but have been started by the previous residents and presumably used with non-kosher cutlery, crockery, in non-kosher food products. Can I use these items or do I need to start new jars/bottles?

You should not use these items but should rather bring your own along.

2. They have also left a welcome bowl of fruit out no idea if any of it might be from Israel and this a shemitta question. Can I eat it?

Yes in this situation you can assume the fruit does not originate from Eretz Yisrael and need not have any concerns about shemitta etc.

3. Is it possible to kasher the barbecue in the cottage garden?

It is very difficult to kasher a barbecue from treif, therefore you should rather take along disposable barbecues and use the property's barbecue as a safe place to rest it.

4. How do I know what time to bring Shabbos in and out?

The simplest way is to enter the postcode of the place you are staying into a website such as myzmanim.com. Remember to write down the time of motsei Shabbos on a piece of paper so you can access it during Shabbos!

5. There is no minyan nearby and Ill be davening byechidus on Shabbos can I bring in Shabbos early as I do at home if I want to?

Yes you may bring in Shabbos at any time after Plag Hamincha.

6. How do I know how far I can walk on Shabbos?

The calculations of techum Shabbos are very complex you need to check with your Rav so they can work out the necessary measurements for you.

7. My cottage / hotel room does not allow the lighting of candles indoors what do I do for candlelighting on Shabbos?

If there is no option to use candles in any part of the building then you should switch on a regular filament light and have in mind the intention to fulfil the mitzvah of Hadlakas Neiros with that. There are differing views regarding whether the brocha should be made, so ideally consult your own Rav on this but the default position would be that no brocha is made.

8. The cottage has an automatic censor light in the front /back garden that is activated at dusk and goes on whenever someone walks past it if I cant figure out how to disable it, does that mean I cant leave the house after dark on Friday evening / Shabbos evening?

This is a debated point but there is room to allow going out as long as you dont actually need or specifically intend to benefit from the light.

9. The property has a cleaning service which comes in every Saturday. Are the cleaners allowed to vacuum and do other melacha seeing as I havent asked them to come and they are really doing this work for the property owners and not for me (but I will of course benefit from the service)?

Even though you will indirectly benefit from the service it is permitted and you do not have to be concerned about this.

10. Im staying in non-kosher hotel. If a non-Jewish guest is using the lift on Shabbos and pressing all the buttons etc without me asking, would I be able to use the lift with him?

No this would not be permitted.

11. What do I do if I come up against issues when Im on holiday that have not been answered in this guide?

Ask The Federation! Our service remains active over the summer simply text your question to 07860 017 641 for a response within four working hours. Please give as much detail as possible, which will ensure a speedier response to your question.

CHECKLIST OF ITEMS THAT MAY BE USEFUL TO TAKE ON HOLIDAY WITH YOU:

Sticking tape, to prevent the light in the refrigerator door switching on automatically when opened

Plug in time-switches

Chicken wire or the grate from a disposable barbecue to avoid needing to kasher a gas hob

Foil or oven-safe bags for double wrapping in the oven or microwave

?? QUIZ TIME??Answers can be found on page 51, inside back cover 1. In Parshas Ekev the shivas maminim, the seven species for which Eretz Yisrael is praised, are detailed. Why does the word eretz separate the rst ve species from the last two?

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AHTo Fear G-d!

Rabbi Jonathan TawilDirector of TAL (Torah Action Life)

Bertrand Russell (the British philosopher and mathematician who was a leading proponent of atheism in the early 20th century) once was asked what he would respond if after he were to meet G-d after he died, and He judges him for his lack of belief. Russell responded that he would ask G-d,

Why did You not provide sufficient evidence of Your existence?

Hashem might respond, Why didnt you exercise your common sense and look beyond the surface of the world to see the overwhelming evidence of My existence and of My Holy Torah?

How could it be possible for such an orderly world to come into existence?

The oxygen levels in the air are exact, the beautifying scenery, the flowing sea, the lush fields, Mans intellect. All these are gifts from our Creator.

Belief in Hashem is one step, but the next step is to ask, What is it that Hashem desires from us?

In this weeks parshah Moshe asks this very question.

The problem is that Moshe presents the petition as if it were a simple feat. He says:

And now Israel, what does G-d want of you? Only that you fear G-d, your Lord, (Deuteronomy 10:12). He makes it sound as though the fear of G-d is only a minor matter.

The Gemara Brachos asks: Is the fear of G-d such a small thing? The Gemara relates how Rabbi Chanina said in the name of Rabbi Shimon ben Yocha'i: The Holy One, blessed be He, has in His treasury nothing except a stockpile of the fear of heaven, as it says, The fear of G-d is His treasure (Isaiah 33: 6). Obviously if fear of G-d is so cherished by the Almighty, it must be very difficult to attain.

The Gemara answers: True! For it was Moshe who said this verse and for Moshe fear of G-d was a small thing. Rabbi Chanina compared it to a person who is asked for a big article, and he has it. Since he has it, then it seems like a small article to him.

So we know that for Moshe it was simple, but just because it was easy for Moshe, who says it is easy for us? Why then does Moshe imply to the people that fear of G-d is simple. Surely he is relating the Torah to us, and for him it might be a walkover, but for us it is not?

Rav Yitzchak Zilber, founder of Toldot Yeshurun, an organization that re-educates estranged Russian Jews about

the heritage that was snatched from them, is known as the Father of Contemporary Russian Jewry. A native of Kazan, Russia, Rav Zilber was born just before the Russian Revolution in 1917. His revered father discreetly taught him Torah and he not only completed Shas several times during his years in Russia, but also taught Torah to many others. During World War II, he was imprisoned in Stalins gulag where he managed to remain Shomer Shabbat despite the inhumane conditions. He later had to flee from the KGB, which wanted to arrest him for his Torah activities in Russia. In 1972, he emigrated to Israel. As he walked off the airplane on his arrival in Israel, he embraced the custom agent.

Chavivi! My dear one! shouted Rabbi Zilber as he gave the man a bear-hug embrace. It is so wonderful to be here and talk to a Jew like a Jew!

The man offered a polite smile and a pleasant Shalom.

Please tell me, pleaded Rabbi Zilber with an intensity that seemed to announce a question whose answer would solve all the problems facing Jews for the millennia. For years I am struggling with this problem. Please tell me, how did you understand the Ktzot HaChoshen on the sugya of sreiv? (The Ktzot HaChoshen is a classical commentary on the Shulchan Aruch Choshen Mishpat, Code of Jewish Law.)

Ma zeh Ktzot HaChoshen? (What is a Ktzot HaChoshen)? came the reply.

Rav Zilber was puzzled. He tried another query. Maybe you can explain how you understood the mishnah in (tractate) Uktzin in the last chapter?

Mishnah? Uktzin? Ktzot? What are you talking about?

Rav Zilber, recalling the difficulties he had trying to teach and study Torah in Russia was mortified. In honest shock, he asked the man. How is this possible? You mean to tell me that you live here in Israel and have the ability to learn Torah. And you dont know what the K'tzot is? You never heard of Mishnah Uktzin?

Rav Zilber began to cry.

They say that the customs agent was so moved by Rabbi Zilbers simple sincerity, that he began to study Torah.

Perhaps the Gemara is telling us the simple truth. It was important for an entire nation to see the man for whom fear of Heaven was considered the simplest and most rudimentary aspect of life. To Moshe, fear of Heaven was natural. As a leader, he had the imperative to impress the nation with his sincerity. To us simple Jews, it is important to see someone whose Jewish observance is as simple and graceful as if it is second nature. To us it may be a struggle, but it is imperative that the benchmark of our goals is someone for whom this comes naturally.

?? QUIZ TIME??Answers can be found on page 51, inside back cover 2. What are the halachic dierences between the shivas haminim and other fruits?

We will soon be beginning Taaruvos and would welcome anyone wishing to join our Chabura.

It takes place an hour every evening, in between 7:30 9pm in Yeshivas Eitz Chaim, 83 Bridge Lane.Maare Mekomos are provided with a shiur once a week by R Yehoshua Frickers.

Please call Shloime Aisenthal on 07970973759

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Headed by Rabbi Yehoshua FrickersThis week: R T ChesnerKollel Halocho Berura is an evening chabura of Baale Battim in Golders Green, learning from the to . We are currently finishing and thank Oneg Shabbos for this opportunity to share what we are learning with you.

The Misplaced SpoonA situation that often occurs in a kitchen is: you open the meaty

cutlery drawer and find a milky spoon mixed in with the meaty spoons. We dont know how the spoon got there but maybe it was washed up with the meaty spoons. In light of this, can the spoon be used or does it require kashering? Does it make a difference where the spoon was found in the drawer, on the draining board or in the meaty sink?

Before answering, lets address a more fundamental question - namely, what is the halachah if meaty and milky dishes were washed up together?

The Mechaber1 states that washing up meaty and milky dishes in the same sink at the same time is not a problem, as long as both sets of dishes were clean (i.e. free from milk or meat food residue), although this should not be done lchatchilah2. The Rema, however, states that we take on to assur the dishes even if they are clean, unless one set was eino ben yomo (not used for milk/meat in the past 24 hours). There are, however, three situations under which the dishes would remain muttar:

1. If one set of dishes was eino ben yomo, then both dishes are muttar, even if there is food residue on the other, ben yomo, set3

2. If the two sets of dishes were washed up one after the other, but not simultaneously

3. If the washing up was done in a klei sheini, not a klei rishon4

These halachos are the basis for those who have only one sink at home to use a rack or insert. Without such a separation between the dishes and the sink, one could end up in a situation where milky and meaty keilim are being washed together. If, say, one washes up dirty porridge bowls in the morning and hot5 water is poured directly on to the porridge residue lying in the sink, this would make the sink milky. If later that day meaty dishes were washed up in this milky sink, the dishes could be assur.

If, however, one is using a rack or insert6, the water being poured into the sink never comes into contact with both dishes at the same time. Once the water has landed in the sink, it is no

1 2 3 See who addresses situation where there is residue is on the eino ben yomo dish4 Although we generally hold like the & that a klei sheini can absorb taste, here it

does not have the power to both extract and imbue taste at the same time ( ).5 Irui klei rishon which is yad soledes bo. Whether hot water from the tap is considered

irui klei rishon is subject to dispute and may depend on the boiler system one has installed. However, residue of hot porridge poured directly into the sink from the pot in which it was cooked would be irui klei rishon.

6 Whether a rack is sufficient or an insert is required is a dispute between in and in

longer considered irui klei rishon, but a klei sheini. Any subsequent splashes back up onto the dishes will therefore not cause those dishes to become assur.

Note, in all cases, if the volume of water was 60 times the volume of the dishes7 then bedieved the dishes would not be assur.

We can now come back to our original question: if meaty and milky dishes were washed up simultaneously in a sink, in the absence of one of the aforementioned exceptions or other mitigating factor, they would be assur. Finding a milky spoon in the meaty drawer or sink, however, does not automatically mean that it was washed up together with meaty dishes. Indeed, the Rema says that we do not need to suspect this occurred and the spoons would remain muttar. The Taz explains that this is based on a safek sfeka: perhaps the two sets of spoons were never washed up together at all, and even if they were, perhaps one set was eino ben yomo (e.g. the milky spoon was only used that day for parve) which would mean both remain muttar.

Where the spoon was found in the meaty cutlery drawer we might not even need to rely on this safek sfeka. The Yad Yehuda8 says that where the milky spoon was found outside the sink we do not need to suspect it was ever in the sink together with the meaty cutlery to begin with; we assume they only became mixed in the place they were found. Perhaps a child or the cleaner mistakenly placed them in the wrong drawer. The status of the dishes being used within 24 hours or not is therefore irrelevant. Only where you find the milky dish in the meaty sink itself do you need to worry that it may have been placed there earlier together with meaty dishes and in that situation we utilise the safek sfeka of the Taz.

In fact, the Yad Yehuda takes this further even if we know or assume9 that all the cutlery was used for milk/meat within 24 hours, any washing up which may have taken place might still have been performed in a manner which would not render the cutlery assur, (for example the water was not yad soledes bo, the taste was nullified by adding washing up liquid, there was 60 times the volume of food, etc).

In summary therefore one type of cutlery or dishes found in the opposite drawer, draining board or even sink will usually not requiring kashering. For a practical psak, always contact your Rav.

7 Only needs to be 60 times one set. (According to the mechaber there only needs to be 60 times as much water as the food residue.)

8 See also , 9

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16

A Practical Guide to the Halachos of Communal Obligations, Mitzvas Tzedakah and Maaser Kesafim

In Section A, we clarified the obligation to support the essential communal infrastructure and its precedence over mitzvas tzedakah. In Section B, we focus on the mitzvah of tzedakah and we started with the key sources, its rewards and its exclusive purpose to financially support aniyim/poor people. We then clarified who is obligated to give tzedakah, who is considered an ani, how you must provide for the full needs of an ani where possible and the four levels of tzedakah donations. This was followed by details of the prohibitions related to tzedakah and the obligation not to ignore the requests of an ani. The next chapter dealt with the priorities, precedence and allocation calculations in the distribution of your tzedakah funds.

Section B Tzedakah Chapter 4 - Precedence

F. DETERMINING AN INDIVIDUALS SHARE.

1. As we saw above Chapter 1:D.5 you are not solely responsible to satisfy the entire requirements of an ani, but rather you share this responsibility with the rest of your community. It is logical to assume, that similarly, your personal obligation towards each priority level can be shared with everybody else who is likewise obligated for this cause. For example, your obligation towards your family can be shared with other family members, and your obligations towards the local community can be shared with other members of the community.

2. Furthermore, in regard to relevant laws, such as those governing communal obligations, the financial obligations shared by a group of people are generally applied proportionally to the relative wealth of the individual members of the group, see Section A Chapter 2:A.2. Instead of a fixed donation per person, it is appropriate that a wealthier person donates more, in proportion to their wealth.

3. We therefore recommend that when approached by an ani or an institution, you should determine the annual budget requirements of this particular cause. Your portion would then be the budgeted amount, divided by the number of other relevant donors who share this responsibility, adjusted according to your relative wealth.

G. SOME PRACTICAL EXAMPLES OF HOW TO DETERMINE YOUR SHARE.

1. If your brothers family requires 30,000 per annum and there are in total three siblings who can afford to donate, then each should pay 10,000 in tzedakah. However, if one of the brothers is only able to afford a maximum of 5,000, then the others should make up the difference.

2. If an ani requires 10,000 for a wedding, and there are one hundred families in your community who are able to donate, then each familys individual responsibility is 100, adjusted by relative wealth.

3. If all the aniyim in the community require a total of 250,000 for a communal welfare fund, and there are 250 people in the

community who can afford to donate, then the personal obligation for each family would be 1,000 adjusted for relative wealth.

4. In North West London, there are a number of kollelim, including Golders Green Kollel (Hagers), Netzach Yisroel, Hendon Kollel and Kollel Beis Aharon (Egdware) which have a total combined annual budget of approximately 1,100,000 (as of 2013).

a. Following the pro rata method described in Section B 2:D, each family in North West London should donate three percent of their maaser kesafim budget to the community kollelim.

b. Note: Given that currently, only a minority of North-West London people donate to the kollelim, it is therefore recommended to give significantly more than this amount, whilst the kollelim build up a larger donor base across the community.

H. RULES OF PRIORITY FOR YERUSHALAYIM AND OTHER LOCATIONS.

1. It is not practically feasible to determine the needs of aniyim and institutions from distant communities. For example, you do not have a real way of knowing all the needs of those aniyim living in Yerushalayim. Neither can you have any idea of the pool of potential donors for those aniyim, and thus there is no way for you to calculate your fair share. Consequently, we suggest that regarding these priorities you should follow the minority opinion which states that the higher priority should simply receive more than the lower priority.

2. For example, when considering how much to donate to an individual ani from Eretz Yisrael for example, you should take into account his family size, childrens weddings, illness etc., all of which are usually on a Vaad Hatzdokoh certificate, and give him more than you would give an ani in less straitened circumstances.

3. Another example: An ani from Yerushalayim should receive a little more than an equivalent ani from elsewhere in Eretz Yisrael, who should in turn receive more than an ani from the rest of the world.

To Be Continued ....

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Excerpts from the sefer Easy Giving / (which includes extensive notes and comprehensive halachic sources), authored by Eli Katz and Emanuel Meyer and available from sefarim shops in NW London.

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Section C - Maaser Kesafim Chapter 1 - The Background and Laws of Maaser Kesafim

SOURCES.

1. Maaser kesafim means literally the money tithe, whereby you separate between ten and 20 percent of your net

earnings to charitable or deserving causes. It is closely

connected to the mitzvah of tzedakah, but differs in a number of key areas, see paragraph B.

2. There are two primary sources for maaser kesafim:

a. Tzedakah.

i. At its most basic a person is only required to

give one-third of a Biblical shekel to tzedakah,

see Section B 1:E.1.d. The only other clear

obligation is dei machsoro to give an ani all

that which he requires, which as explained in

Section B 1:D.6 applies very rarely.

ii. Maaser kesafim therefore provides clear guidance to ensure that you always give a

meaningful sum to tzedakah. The standard

amount to separate is ten percent of your

income, representing the standard level of

tzedakah (see Section B 1:E.1.b). Someone

who can afford to give ten percent but gives less, is considered mean-spirited.

iii. Someone who gives 20 percent of his

annual income is performing a mitzvah min

hamuvchar a choice mitzvah. See Section B

1:E where these categories have been explored

in more detail.

b. Maaser Rishon, Sheini and Ani.

i. Once a year, every Jewish person had to

separate from the produce that he grew

maaser rishon the first tithe, in which ten percent of his produce went to the Leviim, as

they were all aniyim who devoted their lives to

Torah. He also had to separate maaser sheni

the second tithe, the mitzvah being to take

an additional ten percent of his produce to

Yerushalayim and eat it there with his family.

In some years, instead of maaser sheni, he

would have to give maaser ani the poor tithe,

which produce he had to distribute to aniyim.

ii. These obligations were extended beyond the

produce of your fields to your general income from business. Thus the basis for maaser

kesafim is to donate ten percent of your income to aniyim which corresponds to maaser ani,

and a further ten percent of your income to

support aniyim who are studying Torah (and

possibly to use also for other mitzvos), which

corresponds to maaser rishon (and sheni).

3. There are a number of other sources as well, including

the Gemara which expounds the passuk which tells

of the vow that Yaakov Avinu made to Hashem:

and whatever You shall give me, I will tithe and tithe for

you. (Bereshis 28:22). The doubling of the word tithe

indicates a total of two tenths, or one fifth.

4. The Chofetz Chaim, amongst many others, provides an

additional reason for calculating and separating exactly

ten percent, no more and no less, or twice ten percent

to get to the 20 percent; for this calculation is based on

a sod veyesod - a secret and a foundation, and thereby

you sustain 1,540 spiritual worlds.

5. If you wish to donate more than ten or 20 percent, first separate the precise amount as just described in order

to fulfil maaser kesafim, and then, for instance, transfer this amount to your charity company. You can then add

any additional amounts, as a fulfilment of the general mitzvah of tzedakah.

To Be Continued ....

?? QUIZ TIME??Answers can be found on page 51, inside back cover 3. Which terrible middah, character trait, are we warned about in our parshah?

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18

The Weekly Halachic Conversation

Rabbi Avi WiesenfeldRosh Kollel, Yerushalayim and Rav at Kav Halachah Beis Horaah H

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Travelling & Vacation [Part 2] Frequently asked questions

DAVENING

Q. Is it permitted to daven sitting down?

A. If it is not possible to daven standing up, or one will not be able to concentrate whilst standing, it is permitted to daven even shemonei esrei sitting down (one should stand in order to bow).1 Ones feet should be together, and one should sit straight, not leaning on the back of the chair.2

Q. Is it a problem to daven, say brachos, or learn in front of improperly dressed women?

A. It is forbidden to recite a brachah or learn if one is able to see a part of a woman which is normally covered over. This is true even if he is not actually looking at her, but she simply can be seen from where he is.3

Q. What should be done if one is in this situation?

A. Ideally, one should turn around and face in the opposite direction to the woman (turning ones head is not sufficient),4 however, if this is not practical, e.g. in an airplane, bus etc., or it will cause embarrassment, one may simply close his eyes whilst saying the brachah or tefillah.5 Additionally, one may daven/learn and cover his eyes with his sefer.6

Q. What if the immodestly dressed women are far away?

A. If they can be seen, it is still a problem.7

Q. Can one daven in an open field?A. One should avoid davening in an open field or in an outdoor

park, unless the area is enclosed with a wall, a fence, or bushes.8

SHABBOS

Q. What must one be aware of when staying in a place where there is no eiruv?

One may not wear sunglasses outside, as we are concerned he may take them off and carry them, similarly, clip-ons may not be work outdoors.9

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Some poskim do not allow one to walk outside with his jacket over his shoulders,10 others allow it.11