Emuna: Revealing State Secrets: A Grave Sin, or a Holy Obligation?

Abridged from an article by Rabbi Professor Neriah Gutel, former President of Orot Yisrael College and Research Division Head in the Torah and State Institute, yeshiva.org.il, translated by Hillel Fendel.

Even if many of the details in the ongoing case of the non-commissioned officer who revealed a secret document to the Prime Minister are still unknown to the public (the officer is still in prison, despite the official stance of the Shabak), we are not exempt from studying the basic question of the Torah's approach to the matter of revealing secrets.

The Torah charges us: "Do not go around as a gossiper among your people" (Lev. 19,16). This is a very grave prohibition, which according to the Chafetz Chaim can lead to no fewer than 31 Torah violations. The Rambam and the Shulchan Arukh, who do not mention "revealing secrets" as a specific prohibition, apparently hold that it is one of those many violations.

The S'mag, however, in his book detailing the 613 commandments, states that the ban on "going around as a gossiper" refers specifically to one who was told a secret and then tells it to a third party. The S'mag even adds that violating this prohibition could lead to bloodshed, and that not for naught is this Torah ban followed immediately by the words, "Do not stand idly by [when] your neighbor's blood [is in danger]." Rabbeinu Yonah and the Meiri also agree that revealing secrets is directly forbidden.

The Talmud explains that the first verse in Leviticus indicates that one must never repeat anything that is told him unless the speaker gives express permission. The verse says that G-d "called to Moshe and spoke to him from the Tent of Meeting, to say." [The Torah Temimah explains that] without the words "to say," Moshe would not have been permitted to repeat it over to Israel.

The gravity of this prohibition can be seen in its numerous repetitions by King Solomon, such as, "He who reveals secrets is a talebearer, but one of faithful spirit conceals a matter" (Proverbs 11, 13), and "Have your quarrel with your friend, but do not divulge another's secret" (25,9), and more.

Because of this prohibition, the Sages ruled that once a panel of judges has handed down its ruling, no member of the panel may publicize which judge had which opinion. "I wanted to exonerate you, but the others overruled me," is precisely what a judge may not say afterwards to the party who was found guilty or liable. Ever more telling is what the Gemara (Sanhedrin 31a) relates, that when it was found that one of the students in the Study Hall had revealed a secret or matter of gossip that was said there, he was ordered to leave – even though 22 years had passed!

However, all of this is just one side of the coin. The other side, which is almost diametrically opposed, is best expressed in the words of the Pitchei Tshuvah, who writes as follows:

"The mussar books and the Magen Avraham here wrote at length of the gravity of speaking lashon hara, and I see fit to point out, on the other hand, that there is an even greater sin, which is also quite common, and that is when one refrains from telling his friend something that can save him from grave harm… For instance, if one sees that another is seeking to kill his friend, or to rob from him at night, and he refrains from informing and warning him in advance because he feels this would be lashon hara – his sin is "too great to bear," and he is in violation of "do not stand by your neighbor's blood." This is true also for monetary matters, for there is no difference if he sees someone stealing from his neighbor, or his partner stealing from their business, or someone deceiving the other in business, or he sees that he is lending to someone who is known not to pay back loans… And the same in matters of shiduchim, if he knows that the prospective groom is a liar and a cheat, or is ill, etc. All these are examples of the obligation to return lost items to their owners. These matters can be determined only by one's heart; if he tells over secrets or something that could be lashon hara with bad intentions, he is in violation of lashon hara, but if he means sincerely to warn his friend, then it is a great mitzvah, and blessing shall come upon him." (Hashmatot Pitchei Tshuvah, Orach Chaim 156)

And so, too, did Maimonides rule: "Whoever can save someone and did not, has violated 'Do not stand by your neighbor's blood.' This includes one who is drowning and he can save him but did not … or if he heard people scheming to harm him and he did not tell him… or if he can appease the schemer but did not do so…"

Several great nearly-contemporary Halakhic authorities have implemented this principle in practice. For instance, Rav Eliezer Valdenberg, in his multi-volume work Tzitz Eliezer (16,4), wrote at length about a doctor who was asked by his patient not to divulge to her future intended that she has no uterus. Rav Valdenberg ruled that the doctor must not only answer truthfully if asked, but must initiate a conversation with the prospective groom and tell him the situation: "He must reveal this even without her consent, and thus not violate 'Do not stand by your neighbor's blood,' and in order to save him from the hands of his oppressor, and to fulfill the commandment of returning both his body and his property."

Rabbi Ovadiah Yosef ruled similarly regarding one who is applying for a driver's license and has a disease that could suddenly endanger both him and the other drivers and passengers on the roads: "The doctor [or whoever knows] must immediately inform the licensing authorities, in order to prevent catastrophes to body and property." The same is true of an accountant or anyone else who becomes aware of embezzlement and the like. Other authorities have issued similar Halakhic rulings.

The conclusion is that parallel to the grave sins of gossip and revealing secrets, there are times when the prohibition is totally reversed and becomes a mitzvah! And all the more so can this be true during war. Let us assume for example – totally theoretically, of course – that a person comes across a most important security document, and he is sincerely convinced that the information must be received by the person who heads the security network. Could it be that by transmitting the document or divulging its contents to the proper address, he is in violation of the sins of gossip and revealing secrets? Heaven forbid to say such a thing! On the contrary, if he does not do so, it could lead to bloodshed, about which the Torah states: "Do not stand by your neighbor's blood."

Of course, even in such a case, it is important to adopt the Sages' teaching that "the heart knows whether the intention is to correct or to corrupt" (Sanhedrin 26a). It is important to carefully weigh whether the revelation of the document was done truly only for pure motives, or not. But if it is found that the intentions were worthy, it is clear that what was done was a great mitzvah and an absolute obligation.

Shmot: Eyes and Heart in the Service of Israel

by Rav Yosef Naveh, yeshiva.org.il, translated by Hillel Fendel.

We read in this week's Torah portion, which opens the Book of Shmot (1,1 – 6,1): "Moshe grew up and went out to his brothers, and saw their affliction, and saw an Egyptian smiting a Hebrew, one of his brothers." Rashi explains that he "set his eyes and his heart to feel badly for them." The Gerrer Rebbe writes in Beit Yisrael that the beginning of the exile in Egypt was marked by the blockage of the eyes and hearts of the Israelites, and the beginning of the redemption therefrom was the opening of the eyes and heart of Moshe Rabbeinu - and it was this that brought about G-d's seeing and attention to redeem Israel.

The Lekach v'haLibuv writes regarding this: "A Jew has a 'good eye,' one that is not closed up to his friend's suffering; he rather feels the other's sorrow as if it were his own. This is what is known as 'the eye and heart of the Children of Israel.' During the Exile, their eyes and hearts were closed, and they did not feel their brothers' suffering."

But when this changed, the Redemption began. Moshe restored Israel's true eyes and heart, by noting with his eyes his brethren's troubles and taking them to his heart, and attempting to help them.

It is brought down that the name Yisrael (Israel) is an acronym for Yesh Shishim Ribo Otiyot Latorah, meaning, "There are 60 myriad letters in the Torah" – one letter for each Jew. Just The Tiferet Shlomo says that just like a Torah scroll is not kosher if one letter touches another one, so too when one Jew touches another and harms him, the entire Torah scroll is disqualified.

That which will bring about Redemption is when each member of Israel is concerned for the entire Clal, the nation as a whole. For then we will experience again "And G-d knew" (Sh'mot 2,25) – on which Rashi explains that G-d "set His heart and eyes upon Israel," marking the beginning of the Redemption.

The initial letters of these coming weekly Torah portions, starting with Sh'mot, spell out the Hebrew word Shovavim (troublemakers). We thus call these days the period of Shovavim, and they are widely regarded as days of fasting and atonement. During this period it is also appropriate for us to show extra concern for G-d's children, because this is the way of brothers – and especially for those who, most unfortunately, have strayed from the path of Torah and mitzvot. And when we awaken to this need here down below, from above too G-d will also awaken His love for us, measure for measure.

Kabbalah books tell us that each month has a different combination of the letters of the Havayah Name, and the combination of the current month of Tevet stems from the verse, "Exalt G-d with me and we will exalt His name together." It is also stated that each month of the year is associated with a particular tribe, and Tevet is connected to that of Dan. The connection is that when the Israelites journeyed in the desert, the last one to march was Dan, "he who gathers for all the camps." This means not only physically, but also that he gathered up the souls of the laggards and tired ones who were expunged by the Cloud, those tired and weary Jews who do not fear G-d, and who have given up trying, and who feel that there is no more hope for them. The tribe of Dan would gather them back into the camp of Israel, and teach them how they too can magnify and glorify the name of G-d.

Dan teaches us not to give up on any soul of Israel, and that even the lowliest and most sinful Jew can be strengthened and encouraged to return to the compassionate G-d. This is done by being "dan l'kaf z'chut," judging each Jew favorably, finding merit in him and finding his good points. With faith in the hidden good of every member of Israel, we can extricate him from the evil net in which he is trapped and bring him anew into the sanctity of Israel.

The Lekach V'halibuv quotes Rabbeinu Tzadok who says that our primary work during the period of the Footsteps of the Mashiach is that of the Tribe of Dan, to extricate the pure from the impure. That is, the charge of the hour, and especially now in Tevet, is to bring Jews closer, and thereby help our entire nation overcome our enemies, the descendants of Esav – just as Hushim, the son of Dan, killed Esav [when he sought to be buried in the Machpelah Cave]. So too, if we grasp on to this power of Dan, the result will be Mashiach ben David, for as is written, the letters of Hushim are the same as the letters of Mashiach.

During these Shovavim days, every Jew is concerned for his eyes and heart – eyes that saw what they should not have seen, a heart that had sinful thoughts – and wants to correct what he can during this opportune period. By paying attention to and seeing Israel's distress, by taking care to help and correct others, by bringing those who feel rejected back to Judaism, by extricating them from their tribulations, whether via helping them physically or giving them money or praying for them - this is how we correct our own eyes and heart, and all of Israel as well.

Emuna: A Holocaust Kaddish for All

by Rav Ehud Achituv, Rabbi of Bnei Dekalim, yeshiva.org.il, translated by Hillel Fendel.

Today, the Tenth of Tevet, is one of the five minor fast days instituted by the Sages of old, and it has received extra significance in modern times.

On this day some 2,500 years ago, shortly before the destruction of the First Holy Temple, the Babylonian siege on Jerusalem began. As the Prophet Yechezkel wrote (24,1-2): "G-d's word came to me in the ninth year [of King Tzidkiyah's reign], in the tenth month, on the tenth of the month, saying: 'Son of man, write for yourself the name of the day, this very day; the king of Babylon has besieged Jerusalem on this very day.'"

The beginning of this siege that led to destruction and exile marks the start of the "hiding of G-d's countenance" from Israel. This is as the Talmud tells us (B'rachot 32b):

"From the day that the Temple was destroyed, an iron wall divided between Israel and their Father in Heaven, as G-d said to Yechezkel (2,4): 'Take for yourself an iron skillet and make it an iron wall between you and the city.'"

G-d continued to hide His countenance from us, in varying degrees, not only with the destruction of the First Temple, but even during the period of the Second Temple, to a certain extent – and of course very notably throughout all the tribulations of our long bitter national exile since then. The climax was reached during the devastating Shoah of the past century. The famous words of the Piaseczna Rebbe, R. Kalonymus Kalman Shapira of Poland - who himself was murdered al Kiddush Hashem, sanctifying G-d's Name, during the Shoah -  speak for themselves regarding how historically catastrophic was this period. In one of his inspiring talks during the height of the horrific years of the Holocaust, he said:

"The unprecedented tribulations and terrible methods of death innovated by the evil murderers upon us, the House of Israel, from the end of 5642 (summer 1942) – according to my knowledge of the words of our Sages and of the general history of Israel, they have no precedent in the chronicles of Israel. May G-d have mercy upon us and save us from them in the blink of an eye."

So too did Rav Tzvi Yehuda Kook, Rosh Yeshivat Merkaz HaRav, relate to the terrors of the Holocaust. It was his custom to recite the Av HaRachamim prayer, which was composed in memory of the victims of the Crusades, every single Shabbat, even on those when it is not customary to say it.

This is why the Chief Rabbinate instituted the 10^th Day of Tevet every year as the General Day of Kaddish, for the holy martyrs of the Shoah – because the "hiding of G-d's countenance" that began on this day reached its climax with the liquidation of a third of our nation by the accursed Nazis and their accomplices.

The Kaddish for All

It is commonly and mistakenly believed that the Day of General Kaddish is a memorial day only for those whose date of death in the Holocaust is unknown, so that they will have a day on which their relatives can say Kaddish and observe all mourning customs for them.

However, there is even more to the General Day of Kaddish. The Rabbinate's 10^th of Tevet regulation continues:

"This day is a memorial day for the myriads of families that were totally wiped out without a trace, leaving no survivors to say Kaddish for them. For these people, the entire House of Israel is their redeemer. Each person must therefore light, on the night of the 10^th of Tevet, a memorial candle in his home. In addition, one whose parents are not alive should take part in the recitation of Kaddish for all those families who have no one else to say Kaddish for them."

In this spirit also wrote one of the members of the Chief Rabbinate Council in those days, Rabbi Mordechai Fogelman, Chief Rabbi of Kiryat Motzkin, north of Haifa. He wrote in his work of responsa: "The 10^th of Tevet was declared by the Chief Rabbinate to be a date for reciting the General Kaddish. We say the Kaddish all together in the synagogues in memory of the millions of brothers and sisters who were killed and destroyed in the Holocaust years of the European exile."

Similar sentiments were expressed by Rav Katriel Fishel Tchurash, another member of the Chief Rabbinate Council at the time. He wrote: "It is clear that even one who does not have relatives who were killed in the Holocaust, but is only an observer taking part in the communal sorrow, should try to do something on behalf of the victims' souls and say Kaddish for them."

The Vizhnizer Rebbe agreed, saying that on this day, "the entire congregation recites the Mourner's Kaddish."

For this reason, the current Chief Rabbi of the city of Ramat Gan wrote to arouse the public: "We must try and try again to have the public not forget that which the Amalek of our generation did to us. Everyone should say Kaddish on this day… and at least those whose parents are not alive should derive a kal vachomer [an a-fortiori argument] for themselves and join in as well for the communal Kaddish."

May it be G-d's will that we merit to see the fulfillment of the Prophet's words: "The fast of the fourth and the fast of the fifth and the fast of the tenth [month, Asarah B'Tevet] will be for the House of Judah rejoicing and happiness, and may you [plural] love truth and peace" (Zechariah 8,19).

Vayechi: Oh, to be Blessed Like Joseph's Sons

by Rav Dov Lior, former Chief Rabbi of Kiryat Arba and Hevron, yeshiva.org.il, translated by Hillel Fendel.

This week's Torah portion of Vayechi (beginning in B'reshit 47,28, ending at the end of Chapter 50 and the end of B'reshit) begins by telling us that the Patriarch Yaakov lived for 17 years in Egypt, until his death at age 147. These 17 years for Yaakov were, for a change, devoid of problems; they were truly a fulfillment of "Vayechi," he lived. As opposed to his earlier years, when he faced the difficult tribulations of Esav's designs to kill him, Lavan's deceptions, and 22 sad years of mourning in vain for Yosef, his beloved son whom he thought was dead – his final years in Egypt provided him with solace, serenity, and joy. He was able to dedicate himself to teaching Torah to his grandchildren and great-grandchildren, and preparing them to face the challenges of survival as loyal Jews in the darkness of exile.

This is why Yaakov blessed Yosef's sons and said that in the future, all of Israel will bless their sons to be like them: "May G-d make you like Ephraim and Menashe." What was so special about Ephraim and Menashe? The answer is that they grew up in an idol-worshiping culture in the royal Egyptian palace and environs, and yet remained loyal to the Torah education they received from Yosef and Yaakov. Yaakov's blessing was that all his future descendants should be like those two boys in their steadfast loyalty to Torah values – even if they happen to find themselves far away from their parents' home and values.

Yaakov Avinu also saw far ahead in terms of the Land of Israel. He made sure to have Yosef vow that he would bury him in Eretz Yisrael, and not in Egypt – thus emphasizing to future generations their deep connections with the Land. If he would have been buried in Egypt, his great-grandchildren would be liable to say, "Our own ancestor Yaakov is buried here, we might as well remain here as well." He wanted all his descendants to know that Egypt can never take the place of Eretz Yisrael as their home.

Today, there are still Jews who leave the Holy Land in order to visit and pray at the graves of righteous rabbis. The great Rav Kook wrote (in Mishpat Cohen 177) that such journeys should be avoided, because although they have importance – as we learned from Calev ben Yefuneh, who stopped at the Machpelah Cave on his way to take part in Moshe Rabbeinu's mission to scout out the Land of Israel for the Israelites – this still cannot justify violating the prohibition against leaving the Land of Israel. This is especially true given the fact that there are plenty of righteous people buried in Eretz Yisrael, to whose gravesites one may go to pray.[1]

This is also why Yosef had his brothers swear to him that, when they are one day redeemed from Egypt and return to the Holy Land, they would take his remains with them to be buried there: Yosef wished to enforce the bonds between the people of Israel and the Land of Israel.[2]

We live in a period when, for some of our fellow Jews, the topics of the Redemption of the Land and settling the Land do not carry great weight. It is therefore incumbent upon us to develop and encourage love for our holy Land, and to do whatever we can in order to settle it and make the desert bloom. It goes without saying, of course, that we must certainly seek to ensure that no part of the Land is given over to the terrorists. And in this merit, we will be privileged to see the Redemption of our nation and our entire Land, speedily in our days.

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[1] Translator's note: It is told of R. Shlomo Zalman Auerbach (d. 1995) that when he was asked about visiting the graves of tzaddikim outside the Land, he said, "Why leave the Holy Land? You have plenty of tzaddikim buried right here in Jerusalem – on Mt. Herzl" [a reference to the soldiers killed in Israel's wars and buried in the military cemetery there]!

[2] Translator's note: The commentators discuss and explain why Yosef asked to have his "bones" brought for burial in the Holy Land, but did not ask to be buried in Eretz Yisrael immediately upon his death.

Emuna: Returning To Gush Katif

A radio Interview with Rabbi Shlomo Aviner - Rosh Yeshivat Ateret Cohanim in the Old City of Jerusalem, former Rabbi of Beit El, and prolific writer on Torah philosophy and law, yeshiva.org.il, translated by Hillel Fendel.

Q. Should we now try to return to Gush Katif [a bloc of Jewish settlements in Gaza that was handed over to Hamas control in 2006 in the framework of Israel's unilateral Disengagement]?
A. Certainly! There's no question. This is our Land, no less than Tel Aviv or Hevron.

Q. And should we settle other parts of the Promised Land as well?
A. For sure. The Sages state that Eretz Yisrael is 500 by 500 parsaot in size, which means four million square kilometers. We're still missing a lot of land... Of course, we're not talking about tomorrow; we need historical patience.

Q. And what of Judea and Samaria? There is heavy international pressure for us to leave and make room for a Palestinian state.
A. Correct – so what? It's ours. This is our land. There is a song from the Return to Zion of 100 years ago that says, "We not moving." We, too, are not moving anywhere.

Q. If so, let's ask the opposite: There is no other nation in the world throughout history that was willing to concede part of its Land – so how is it that we have a national weakness in this area?
A. It's because of the Shoah (Holocaust). Aside from the murder of six million of us, it also broke our morale to a certain extent. We lost our self-confidence, and we're not bold enough to say: "This is ours." But thank G-d, we are getting stronger, we are increasing our self-confidence and security, and the population in Judea and Samaria is getting larger and larger.  

Q. It is so perfectly logical that a nation should retain its own land. Why don't the nations of the world understand this?
A. Anti-semitism against Jews is not a new thing, and now it's also against the State of Israel.

Q. So why is there anti-semitism?
A. Because we bring to the world ethics and justice, and the world is more interested in giving in to its lowly lusts.

Q. Let's get back to Gush Katif. What will we do with the million Arabs who are there?
A. An Arab who is not an idol worshiper and who is loyal to the State of Israel can remain, as a type of Biblical "resident foreigner" (ger toshav). The others have no business being here. There are more than 20 Arab countries, with a half-billion residents who can take them in.

Q. So you're saying we should expel them?
A. No, we don't have to; they'll leave on their own.

Q. Why should they?
A. Because they will want a country of their own. They're only staying here out of the hope that one day our state will be theirs. When they understand that this will never happen, they'll go.

Q. Should we try to persuade them?
A. It's not up to them, but only up to us. When it becomes clear to them that we are saying, "It's ours!" and we mean it, forever and ever – they'll make their own calculations, and they'll go.

Q. But right now that's not the situation.
A. That's clear, but we have a brain and a mouth, and little by little we can bring about a revolution in how we view our Land.

Q. But today, when we speak about returning to Gush Katif, no one even listens. So perhaps we should be silent? After all, in the words of the Sages, it is incumbent upon us to say that which can be understood, and so too it is a mitzvah not to say that which is not heard?
A. No, for three reasons: 1. We must say these things and release them into the world, so that when the time comes for people to listen, the words will be heard. 2. Up to that time, at least the situation will not deteriorate. 3. When we as a State take the wrong path and men of spirit nod in agreement, this is a catastrophe; but when the men of spirit speak the truth, then even though the reality is problematic, at least the air and the atmosphere remain pure.

Q. Wouldn't it be dangerous for the State if we try to return to Gush Katif?
A. First of all, real dedication (mesirut nefesh), even when it's dangerous, is very important. Secondly, we have seen the opposite in Gush Katif: When we were in Gush Katif, the military situation was basically quiet. Wherever the IDF is present, there is deterrence.

Q. So when will we return to Gush Katif?
A. That is a question that you have to ask a Prophet – though even Prophets didn't know everything; they knew only what G-d told them.