Shoftim: Standing Silently By

by Rav Moshe Tzuriel ZT"L, yeshiva.org.il, translated by Hillel Fendel.

Among the many mitzvot (commandments) in this week's Torah portion of Shoftim (D'varim 16,18-21,9), we read: "The testimony of one witness [regarding a crime] may not be accepted; a case must be established through the testimony of two or three witnesses" (19,15).

The Sages ask (Makkot 5b): "If the testimony of two witnesses is sufficient, why did the Torah state 'two or three'"?

Several answers are offered; let us focus on that of Rabbe Akiva, who said: "The purpose is to exact a price on the third witness, and equate his punishment to that of the first two." That is, if they are found to have lied, not only are the first two witnesses punished, but also the third one – and he cannot claim, 'My words made no difference, since there were already two witnesses, so why should I be punished?'"

The Gemara adds there: "If one who merely joins up with other sinners is punished, how much more so is one rewarded for joining up with those who do good deeds!"

In any event, we learn from this a major principle in "national education:" When the authorities commit an injustice, such as the expulsion of residents from Gush Katif and handing over parts of the Land of Israel to foreigners, it is forbidden to take part! That is, even if police and military forces have already gathered in numbers sufficient to complete the mission, and then other soldiers or police officers are recruited to take part as well, the latter cannot claim that they bear no guilt because the plan can be completed without them. Rather, anyone who joined up with the forces, in whatever role, is guilty – and must repent for this sin. His t'shuvah (repentance) must be a personal decision to never again take any part in evicting Jews from their homes, and also by publicly declaring and educating others that such a great sin must never be repeated.

I would add that we are reminded to speak about this specifically now, because the days of t'shuvah are fast approaching and every Jew must correct what he corrupted in the past.

It is interesting to note that a disagreement has developed among several of the rabbis of the religious-Zionist camp. Some say that a soldier must obey all military commands, even regarding the eviction of Jews from their homes, while others claim that it is forbidden to obey orders that directly contradict Torah law. The latter cite the Rambam, who wrote, "If the king decreed to abrogate a commandment, he is not listened to" (Laws of Kings 3,9, based on Sanhedrin 49a). Several rabbis were interviewed in the media this week who instructed their students to obey the army's orders regarding the eviction of Jews from a building in Hebron. It is puzzling to me that I did not hear any of those rabbis relate to the apparent violation of the Rambam's halakhic ruling.

It should also be noted that no Rosh Yeshivat Hesder pre-military academy head is permitted to rule on this "question," because of his personal "interests" (biases) regarding continued funding from the Ministry of Defense for his yeshiva.

Back to the fundamental point: A person will have to account in the Heavenly court for having stood by sinners, and will be punished for not having protested their acts. This concept is also seen elsewhere in the Torah, such as regarding the rebellion of Korach and his gang. When Moshe Rabbeinu heard that there was to be a Divine punishment, he declared before all, "Move away from the tents of these evil people… lest you be consumed by [the punishment for] their sins" (Bamidbar 16,26). This raises the question: Since G-d knows who is guilty and who is not, what's the difference where they all stood? G-d could have punished only those who actively rebelled!

The answer is: "Woe to an evil person, woe to his neighbor" (Mishna Nega'im 12,6). The very fact that the neighbor did not distance himself from an evil person brings upon him punishment. 

Our Sages were clear on this point: "Distance yourself from a bad neighbor" (Ethics of the Fathers 1,7). Rabbeinu Yonah explains that this means that one must not think that he can join up with the evil ones only temporarily, or even just superficially – because he could end up being punished simply for being with him and not protesting.

This of course also applies to being with people who speak gossip, slander, or impure/unclean speech. See also Proverbs 22,14, from which is learned that everyone in the vicinity of a sinner will be punished, unless they protested.

Our military failures in the Second Lebanon War, a year after the Disengagement, refute the position of those young rabbis who instructed their students not to disobey IDF orders during that expulsion of Jews. They claimed that disobeying orders would weaken the IDF. But look at what happened: The result was exactly the opposite of what they thought!

Contrast this with the ruling of the venerable Rabbi Dov Lior about a month ago: When religious soldiers received an order to join the IDF forces preventing citizens from marching on foot to the destroyed settlement of Homesh, they asked his counsel whether to obey the instructions. He answered them that the role of the IDF is to protect us from our foreign enemies, and that it is not its role to prevent Jews from settling their land, and that using the soldiers for this purpose is a political and invalid use of the IDF by the authorities.

How fortunate we are that it is in our power to correct the past through repentance.

Re'eh: The King is in the Field, Ready to Receive Us

by Rav David Dov Levanon, former President of the Jerusalem Rabbinical Court, yeshiva.org.il, translated by Hillel Fendel.

The month of Elul is approaching, and this Shabbat we will recite the prayer for blessing, peace, sustenance, and all good things during the coming month. In fact, we recite this prayer on the Sabbath before almost every month, which is why we call these Shabbatot the Sabbaths of mevarchim, "[reciting] blessings."

This week, we read the Torah portion of Re'eh (D'varim 11,26-16,17), which begins with a critical choice that G-d places before us: "See, I place before you today blessing and curse [on Mounts Gerizim and Eval, respectively]: the blessing is that you hear [in order to fulfill] the mitzvot…] and the curse is if you do not…" (11,27-28).

The straightforward meaning is that the very hearing of G-d's word is the blessing. And in fact, this remains the theme from here on for several Torah portions. That is, physical and material blessings are promised us only in Parashat Ki Tavo (D'varim 28), while the primary blessing is in simply listening to G-d's words.

The Alter Chabad Rebbe of Liadi wrote in his work "Likutei Torah" of the greatness and loftiness of the month of Elul, during which the Thirteen Attributes of Mercy shine. He even asked: "Why are these days not celebrated as a Festival just like Yom Kippur?" He answered that the days of Elul are days in which "the King is in the field," meaning that it is possible to meet Him anywhere, even while wearing the weekday clothes used for working in the field. That is, the Shechinah (Divine Presence) dwells within Elul, even though it consists of regular weekdays.

It would seem appropriate to explain this parable of "the King is in the field" in connection to Elul and based on a parable in a Medrash cited by the Tur (Orach Chaim 581):

"A city once owed taxes to the king but did not pay him. He came to them with an army to collect it. When he approached within ten parsahs [a unit of distance], the elders came out to greet him, and said, 'We have nothing with which to pay you.' The King granted them a discount of one-third. When he came closer, the middle-level leaders came, and he discounted them another third. Finally, when the King came very close, the entire town came out to greet him, and he erased the final third of the debt. So too, Hashem our King: The townspeople commit sins throughout the year, and then before Rosh HaShanah, the elders fast, and G-d forgives them a third of their sins; during the Ten Days of Repentance, the "in-betweens" fast, and G-d forgives them another third; and on Yom Kippur, everyone fasts, and He forgives them for everything…"

In the parable, the king has left his palace - analogous to the fact that the Holy Temple has been destroyed and the Shechinah itself is in Exile. The time for this, of course, is Tisha B'Av – right after which begin the Seven Weeks of Consolation, in which the King returns to His children and commiserates with them, striving to return to His home.

With this, we see that the words of the Medrash shine with meaning: In the month of Elul, the King is in the field, walking towards His sanctuary, in anticipation that his subjects will come towards Him, He will forgive their sins, and He will renew His kingship over them for goodness and blessing. This explains why the Likutei Torah added that the greatness of the days of Elul lies in the fact that "the King is in the field" – He is in movement, hoping for reconciliation and anticipating that his people will come meet Him. These days are therefore even more exalted than when the King is in His palace, hidden and concealed from all eyes, making it difficult for us to draw close to Him.

Another concept regarding the parable of "the King is in the field" stems from a comparison between Rosh Hashanah and the first day of Nissan, six months later. Nissan is the month in which the miracles of the Exodus from Egypt occurred; hence its name "Nissan" (from Nissim, Hebrew for "miracles"). This is the month in which Israel proudly and gloriously left Egypt, a month attributed to the Jewish people, and also the "head of months," symbolizing renewal and reinvention, just like the birth of the new moon.

In contrast, Tishrei is the beginning of the natural year; summer has ended and the winter is arriving once again. This "new year" hints at the natural world, influenced by the sun, the great driving force of nature. This is why Rosh Hashanah applies to all inhabitants of the world, the day on which the year's rains and personal sustenance are decreed. As such, the commandment of the day on Rosh Hashanah is to crown G-d over the entire universe, meaning over the natural world as well.

Our Sages (Tr. Rosh HaShanah 10b) differed as to the month of the Final Redemption: R. Eliezer says it will be in Tishrei, when the world was created, for he verses feature shofar both on Rosh HaShanah and in the great shofar blast of Future Days. R. Yehoshua says it will be in Nissan, based on Sh'mot 12,42 that speaks of the Exodus night as a 'night of watching' – a reference to a night that was watched and anticipated ever since Creation.

These opinions correspond to the two paths of redemption: miraculous, via the clouds of the heavens, and natural, with the Messiah arriving on a donkey. It would seem that the miraculous Redemption is appropriate for the month of Nissan, the month of miraculous salvations, when Israel merited to be like tzaddikim. But if we do not merit this, because of our sins, we require the month of Tshuvah (repentance), and then the Redemption will be via natural means, as is appropriate for Tishrei. It appears that the type of worship and service required for this is the knowledge that "the King is in the field" – He is everywhere, including in the natural world. And this is the preparation required of us before Rosh HaShanah, the day of judgement for the world of nature.

This returns us to the verses with which we opened, which require sharp and clear seeing and hearing! This is because the Torah is referring to the blessing found in the work of our hands, by virtue of the fact that we strive to contemplate and find G-d's Providence upon us in everything we do.

Ekev: True Trust: Not What it Sounds Like

by Rav Ariel Farajun, Individual and Couples Therapist, Former Rosh Yeshiva, and Senior Lecturer in Jewish Psychology, yeshiva.org.il, translated by Hillel Fendel.

Moshe Rabbeinu continues his parting speech to the Children of Israel in this week's Torah portion of Ekev (D'varim 7,12-11,25). This is just before his death and as the nation is about to enter the promised Land of Israel without him. As he emphasizes the importance of keeping the Torah as they begin their national life in the Holy Land, one of the important points Moshe makes is that of bitachon, trust in G-d's providence over Israel.

Moshe says here: "If you say in your heart: 'These nations are stronger than me, how will I be able to defeat them?' Do not fear them; remember that which Hashem your G-d did to Pharaoh and all of Egypt… Do not cringe before them, for Hashem is in your midst, great and awesome…" (7,17-21).

And a bit further on we read: "Hear O Israel, you are passing today over the Jordan to come and inherit nations that are greater than you… Make sure to know today that Hashem is the One Who passes before you, a consuming fire; He will destroy them before you…" (9,1-3)

The mitzvah of having bitachon is a great fundamental in the service of G-d. It is mentioned numerous times in the Torah, and rolls around frequently on our tongues in everyday speech. Yet is seems that its precise definition, even though it is discussed at length among our early commentators, still requires elaboration and precision.

The primary thing we must emphasize is that, contrary to popular misconception, bitachon does not mean to trust in G-d that He will definitely do that which we are hoping for. Rather, it is that we pray and hope to Him, and rely on Him. Perhaps this can be understood on a lesser level in the manner that we feel about having a gun: One who goes into a dangerous neighborhood armed with a gun trusts in it not because it will definitely save him, but rather because it gives him reason to hope…

This is why our Sages always combine bitachon with prayer, which is in fact considered the ultimate expression of bitachon (see for instance, Mechilta D'Rebbe Yishmael, Bshalach 2). In addition, one must always take into account his own sins and know that these have an effect on whether his prayers will be answered. To know that G-d might not grant his wishes is not a lack of bitachon; on the contrary, one who knows that his salvation is in G-d's hands will realize that his own deeds and attitude to G-d are very instrumental. And then, after one truly views the world in this manner, he can feel confident that G-d will protect him and grant him that which is best for him.

Thus, when one is in great need or trouble, he must not strengthen his bitachon by saying that everything will certainly turn out fine. Rather, he must concentrate his thoughts on the fact that Hashem rules His world, and that "no one stubs his finger below unless it was determined beforehand in Heaven" (Tr. Chullin 7b). Internalizing this reality is the true measure of one's bitachon.

At the same time, the Torah does not at all negate one's physical efforts. In fact, we are commanded to work together with the natural law that G-d imbued in His world. This must be done with the understanding that it is not these efforts that will make the ultimate difference, but rather with the idea that G-d's will is that we make both spiritual and physical efforts to achieve the goals for which we strive.

This Torah portion of Ekev comes to warn us that we must remember that G-d fights for us against our enemies, no matter how much stronger they are, and also gives us the strength to succeed. This message is not simply meant to calm and relax us, but rather to teach us how to use the weapons we have. When we understand that the battle is determined by G-d's will, and that our efforts are merely part of the Divine game – this means we have true bitachon, and in this merit, G-d will be with us, no matter what qualitative or quantitative advantages we face!

Ekev: The Laws, Statutes, and "Smart Ideas"

by Rav Avraham Tzuckerman, the late co-founder with Rabbi Moshe Tzvi Neriah of Kfar HaRoeh, the first modern Yeshiva High School, yeshiva.org.il, translated by Hillel Fendel.

The commandments of the Torah include Chukim (statutes), Mitzvot (commandments), and Mishpatim (often translated as "ordinances").

Chukim are laws between man and God that our intellect is incapable of explaining. Mitzvot are commandments that set the norms of Jewish community life; we ourselves might not have established them, but we understand their rationale. Mishpatim are laws between man and his fellow man that, even if the Torah had not commanded us to follow them, we would have established them ourselves to regulate daily life.

The final verse in last week's Torah portion mentions all three of these, while interestingly, the first verse in this week's portion of Ekev mentions only the Mishpatim: "If you adhere to these Mishpatim, and safeguard and observe them, G-d will remember for you the Covenant and kindness that He swore to your forefathers" (D'varim 7,12). Logically speaking, it should have been the opposite: Such a beautiful promise of reward should have been given us if we follow the Chukim and the Mitzvot, which human logic either cannot grasp or would not have grasped. But why do we deserve such Divine reward for simply following mitzvot that are so logical that we would have instituted them on our own?

We read in Tehillim: "The laws (mishpatim) of G-d are truth, righteous together" (19,10). This tells us that that there is a measure of "statute" even in our logical laws, and there is also logic in the statutes. Similarly with the mitzvot that come to remember important principles, such as Passover and Sabbath, there are elements of logic and illogic together. He who truly understands the depth of "there is no singularity like ours" can also understand the true depth of all the mitzvot, including those between man and man; they are more than simply "smart ideas."

This also explains that even regarding laws that the nations of the world also follow exactly as the Torah commands, we may not be judged by them in their courts. As King David wrote, "His statutes and laws are for Israel… the other nations do not know the laws" (Tehillim 147,18-19); they cannot grasp the inner meaning of the laws of the Torah. This is why we read here: "If you adhere to these Mishpatim… G-d will remember for you the Covenant and kindness that He swore to your forefathers."

Furthermore: The word used here at the beginning of Ekev signifies that we are to keep the mitzvot with joy and happiness, in which case "G-d will remember for you the Covenant and kindness." And as we saw, this applies specifically to the Mishpatim; the Chukim and other commandments were not mentioned here. This is because the latter are unique and Divinely-ordained, and people keep them more "religiously;" they are not routine for us. But the inter-personal laws, such as ensuring not to insult others or embarrass them, are easily overlooked – and it is these that bring the promise of remembering the Divine covenant and kindness that was promised to our Forefathers. For it was specifically these that our Patriarch Abraham made sure to pass down to his descendants: "For I know him that he will command his household after him, and they will keep G-d's way to do charity and mishpat" (B'reshit 18,19).

And therefore it brings joy before G-d when the seed of his beloved Avraham are careful to observe mitzvot that might become rote and fulfill them with joy. And just as it was the way of the Forefathers to practice charity and "mishpat" – charity and righteousness in their dealings with others, while demanding "mishpat" and meticulousness from themselves – this is what is demanded from us, their offspring, as well. As the Sages derive from the first verse in Ekev: "If you adhere" – the word Ekev is used here, which also means "heel," implying that we must specifically fulfill the mitzvot that we might otherwise generally kick aside with our heels and not attribute them much importance.

VaEtchanan: Why Did Moshe Plead Not to be Locked Out of the Land of Israel?

by Rav Avraham Yitzchak HaLevy Kil'av, zt"l, yeshiva.org.il, translated by Hillel Fendel.

On this Shabbat, the Sabbath of Consolation following the fast of Tisha B'Av, we read Parashat VaEtchanan (D'varim 3,23-7,11). Its first word means "I pleaded" – Moshe Rabbeinu recounts to Israel in this, his parting speech, how he pleaded with G-d to allow him to pass through and see the Land of Israel. Reading these words we feel his love of the Land and for Israel's historic mission there.

The Medrash tells us one of the ways in which Moshe seeks to make his case:

"R. Levi said that Moshe told Hashem: O G-d, the bones of Yosef entered the land [and were buried there], and I cannot enter??" Hashem answered, "He who acknowledged his land is buried there in his land, and he who did not acknowledge his land is not buried in his land.

"What was the story with Yosef? His master's wife [who tried to seduce him] called him a 'Hebrew man' (B'reshit 39,14) and he did not deny it, and in fact later he told the Minister of Drinks that he had been kidnapped from his home in the land of the Hebrews. Moshe, however, heard the Midianite girls call him an "Egyptian man" (Sh'mot 2,19) and he did not protest – and therefore he was not to be buried in the Holy Land.

"[G-d continues:] If you are buried with them here, they will come to the Land in your merit – and then you would end up coming as well, to which I object].

"R. Levi said, 'This is similar to one whose copper coins were scattered in a dark place. He said to himself, "If I ask people to shine a light for me so that I can gather them, no one will pay attention to me."' What did he do? He took a gold coin and cast it in their midst and began shouting, "Shine a light for me so I can find my gold coin!" And they did. After finding the gold coin, he said to them. "Wait for me so that I can gather the copper coins," and he gathered them up. Thanks to the gold coin, the copper coins were gathered. So said G-d to Moshe, ‘If you are buried with them in the wilderness, they will all come by your merit, and you will come at their head,'" as is written, "he came at the head of the people”' (D'varim 33,21).

The primary job of Yosef was a material one, to prepare the nation for its historic exodus from Egypt "with vast wealth." Thus he would lay the foundation for Israeli sovereignty in the Land with wealth and economic strength. Moshe, on the other hand, brought down the Torah from heaven for Israel, building the spiritual side of the nation, their destiny. This was precisely Moshe's claim: "Yosef was responsible for the physical entry, and he entered the Land – while I, in charge of the spiritual, do not get to enter?!"

Hashem answered him, "There's a big difference: Yosef acknowledged the Land, that is, it was his reality; he saw the land as the basis for everything – and therefore he merited to complete his mission in Egypt when the Israelites left it. For Moshe, however, the land was not the primary thing; he did not "acknowledge" his connection to it." Moshe's chief mission concerns the Torah, which was actually given in the desert, not in a populated land. He belongs to the Upper spiritual side, which is not directly tied with land, and this is why he did not protest when he was called an Egyptian. The "location" was not the critical thing for him; rather his job and mission were the important matter. Moshe could therefore enter the Land only when it is in its most perfected state, when Jerusalem is built and complete with the Holy Temple at the zenith of its holiness – a tremendous sanctity that can never end and that is not followed by a destruction. However, such a level can only be reached when Israel itself is in a very superior religious state – which was certainly not the case after the Sins of the Golden Calf and the Scouts. Moshe did not complete his mission in the desert, and he had to raise up his generation in order that they be worthy of entering.

What about the Land made Moshe long so greatly to enter it?

He prayed to G-d, "Please let me go over and the good Land that is beyond [to the west of] the Jordan River, this goodly mountain [region] and the Levanon" (D'varim 4,25). Rashi explains that the "mountain" refers to Jerusalem, and the "Levanon" is the Holy Temple. That is, he wished to be an intrinsic part of building both the economic/political basis of the nation, and the spiritual center. Both these centers together, Jerusalem and the Temple, are those that give absolute wholeness and enable Israel to reach their ultimate objectives. Moshe Rabbeinu desired to live on that level spiritual loftiness that he could not attain in the desert.

Even Like an Animal!

The Sages of the Medrash D'varim Rabba (11,6) taught: "Moshe said before G-d, Master of the Universe, if You do not bring me into the Land of Israel, leave me be at least like the beasts of the field that eat grass and drink water, live, and see the world - let my soul be like one of them!"

How strange! Assuming that Moshe's desire for the Land stemmed from a love for Torah and mitzvot, what benefit could he derive from being like animal, clearly not obligated in any commandments? We must learn from here that love for the Land of Israel is not tied solely to the commandments. The Ritva, in fact, wrote at the beginning of Tractate Gittin that even that part of Eretz Yisrael that lacks the level of sanctity of "those who ascended from Bavel" still possesses the beloved quality of the Land – and this is why the Sage Rabbi Avahu would kiss the shore of Acre when he arrived there, even though those who ascended from Bavel did not conquer it and Land-dependent mitzvot do not apply there. R. Avahu displayed a unique Divine attachment to the Land, desiring to be close to holy things even if no fulfillment of practical commandments is involved.

This is why Moshe Rabbeinu requested that if he did not merit to live as a member of Am Yisrael in the highest spiritual degree of the Land - at least he would like to be in the presence of those who did merit it, and to enjoy the radiance of the Divine Presence in any form of life. Such is the importance of clinging to the Land of Israel – something we can do today, but Moshe himself was not able to do.

Devarim: Eichah - How Can This Possibly Be?

by Rav Hillel Gefen, Yeshivat Beit El, yeshiva.org.il, translated by Hillel Fendel.

This week we will read Eichah three times in different contexts. Coincidence?

The Torah portion this week is Devarim, which begins the book of Deuteronomy and goes until chapter 3, verse 22. The haftarah portion that we will read from the Prophets right afterwards is from the first chapter of Yeshayahu (Isaiah). And a few days later will be the Jewish calendar's saddest day, Tisha B'Av (the ninth day of the month of Av), on which we will read the Book of Lamentations.

All three of them either begin with or include a verse beginning with the word Eichah, which is basically a sorrowful question meaning, "How can it be?"

Our Sages connected the dots among the three of these laments, explaining in the Medrash that three prophets used the word Eichah in their prophecies: Moshe, Yeshayahu, and Yirmiyahu:

Moshe said (Devarim 1,12), "Eichah esa l'vadi, How will I be able to bear [Israel's] burden, responsibility and conflict all by myself?"

Yeshayahu said (Yeshayahu 1,21), "Eichah hay'ta l'zonah, How has the faithful city become a harlot? It used to be full of justice, and now – murderers."

And Yirmiyahu said (Yirmiyahu 1,1), "Eichah yashva vadad, How is it that the city dwells alone?"

The Medrash then quotes R. Levi who says, "This is comparable to an upstanding woman who had three friends: One saw her in her tranquility, one saw her in her debauchery, and one saw her in her disgrace. Similarly, Moshe saw Israel in their glory and tranquility… Yeshayahu saw them in their debauchery … and Yirmiyahu saw them in their disgrace…"

One way of understanding this Medrash is that the Sages are comparing Israel's positive circumstances on their way into the Promised Land to their deterioration before and after the destruction of the Temples and their Exile. As such, Moshe Rabbeinu's "Eichah" actually has a positive meaning: "G-d has increased your numbers and you are now as many as the stars of the sky!" (verse 10); you have grown so much that governing you is a very big job!

This in fact appears to be what the Sages meant when they taught elsewhere (P'tichta, Eicha Rabbati 11): "If you had merited it, you would have [been able to] read Moshe's Eichah [on Tisha B'Av], but now that you have sinned, you read Eichah yashva vadad." This shows that Moshe's Eichah is not a lamentation, but rather words of appreciation.

However, our custom is to read these words of Moshe in the Torah portion in the sad melody generally reserved for Tisha B'Av! This shows that we do not understand them happily.

In truth, the sadness of Moshe's words can also be taken in different ways. It could be that our sadness is a result of comparing the high level that we could have reached to the actual low point at which we find ourselves. But it could also be this:

The Medrash Devarim Rabba (1,10) gives two possibilities as to exactly which period Moshe was referring to when he said here, "And I spoke to you at that time, saying, "How can I lead you by myself." R. Yochanan said it was at the time of Yitro, who told Moshe that "this thing [of judging the nation] is too heavy for you; you are not able to perform it alone" (Sh'mot 18,17-23), and then he advised Moshe to appoint various levels of judges and courts. However, R. Chiyya has another idea, saying that Moshe was actually referring to the period of the Complainers (mit'onenim), when he told G-d, "I am not able to bear all this people alone..." (Bamidbar 11,14-12).

How do these two periods compare? During the time of the Complainers, the need arose to appoint elders to share the leadership with Moshe as a direct result of Israel's low level, because of their complaints and surrender to their desires for meat. It is thus understandable that the issue here was the nation's inability to adapt to the high spiritual level of Moshe Rabbeinu.

On the other hand, R. Yochanan said the period in question was when Moshe accepted Yitro's advice to appoint judges – and this was when Israel was on a high spiritual level. They had come to Moshe in their multitudes to seek G-d, and this led to the need to appoint judges who themselves were on a high level and received their inspiration from Moshe. We know this because the plan was that "they would bring the difficult cases to Moshe" (Sh'mot 18,22). What could be sad about this?

The answer is that even the appointment of the judges at Yitro's suggestion, though a positive act, was not clean of negative influences. The Sfat Emet sees in this a root cause that actually later led to crises in our national life. The very fact that Israel distanced themselves from the close, direct supervision of Moshe, and were made to deal with judges on various levels - this caused the thought that it was possible to send people to spy out the land of Canaan, rather than relying solely on Moshe’s prophecy.

This is why we read Moshe's words here in a tune of mourning – because Moshe is blaming himself as well for the sins of the Jewish people, since his actions led, indirectly, to the Sin of the Spies and others.

From here we learn an important principle in national leadership. Sometimes it happens that a simple action, in which no flaw whatsoever is apparent, contains within it components that are liable to bring about future mishaps. And when it comes to issues of national import and leadership, these mishaps can carry immense significance.

May Hashem turn these days of mourning for our Holy Temples into a period of joy and happiness, of consolation and salvation, and may we merit to see the rebuilding of Jerusalem and the Holy Land together with the entire Nation of Israel.

Nitzavim: The Love-Filled Commandment of Giving Rebuke

Based on an article by Rav Meyer Fendel.

In this week's Torah portion of Nitzavim (Deut. 29,9-30,20), Moshe Rabbeinu tells Bnei Yisrael in his parting speech as follows: "The hidden sins [of Israel] are for Hashem our G-d, but the known sins are [the responsibility of] ourselves…"  (29,28). The Talmud teaches that the dots that appear in Torah scrolls atop some of the letters in this verse indicate, according to Rabbinic tradition, that Israel was not punished for these sins until after they crossed the Jordan River into the Holy Land (see Talmud Tr. Sanhedrin 43b).

Rashi explains that the reason for the collective punishment referred to here is because of the concept of arvut: the mutual and collective responsibility of each member of Israel, one for another. It is a matter of Talmudic dispute (ibid.), however, how far this concept extends. R. Yehuda teaches that the nation was punished for concealed sins only after crossing the Jordan River, while R. Nechemia holds that they were never punished for concealed sins – for how can the hidden thoughts of individuals be known to others? – and were punished for revealed or known sins only after they entered the Land.

Well-known educator Rabbi Meyer Fendel <https://mishpacha.com/a-pioneering-spirit/>, who passed away earlier this year, writes, "We see that Israel's arrival in the Land of Israel put them on a very high national level, and upgraded their responsibility one for another. According to the holy Sh'lah, it is very telling that they entered the Holy Land at Arvot Moav – an allusion to the arvut that they were about to take upon themselves. That is, according to R. Nechemia, their arrival in the Holy Land meant that they were finally responsible for one another's revealed sins - while according to R. Yehuda, their entry into Eretz Yisrael upgraded their level of love, cohesiveness and unity so greatly that they became responsible even for each other's private sins."

But the question still begs to be asked: How can one be held responsible for the concealed sins of others, even in Eretz Yisrael and even after arvut applies? How can anyone be punished for a sin committed secretly by another?

An answer is provided by Rav Moshe Yechiel Tzuriel: "If the mitzvah to give rebuke is specific and individual, then in fact it cannot be expected to apply to sins committed by others unbeknownst to us. But if this command is actually an outgrowth of our national responsibility and arvut, then it applies to everything we and others do, whether they are revealed or not. For arvut means that we are all one body; if one limb in a body is stricken, it would be unthinkable for another limb to say it doesn’t concern him…"

The General Atmosphere

"To further explain R. Yehuda's opinion," Rabbi Fendel continues, "let us add that even if we do not know about others' secret sins, we do know of the atmosphere that we all contributed to forming – an atmosphere that apparently enabled such sins. As such, we and especially our leaders are responsible not because we knew about the transgressions, but because we helped, indirectly, facilitate them. This is the sublime nature of the arvut of Israel."

The Minchat Chinukh says that the mitzvah of giving rebuke when necessary and helpful has two aspects: the positive command to offer rebuke, and the negative charge "do not stand by your neighbor's blood" (Vayikra 19,16), in the spiritual sense. One who does not reprove his friend when obligated to, violates both commandments:

* The negative mitzvah of not standing by a Jew's blood is based on arvut, that is, one's general responsibility towards all of Klal Yisrael. As we learn in Tanna D'vei Eliyahu 11: "Whoever can protest against a sin and does not, or can cause Israel to repent and does not – all blood that is spilled in Israel is on his hands… for all of Israel is responsible one for another." Arvut is a type of national mitzvah, one that requires of all of us to work to ensure the welfare of the nation at large, including by rebuking or reaching out to sinners to ensure that our nation is not punished. The obligation is therefore not to give rebuke per se, but rather to safeguard the nation.

* But the positive mitzvah, that of giving rebuke, is more pointed. It is not based on the principles of arvut and nationhood, but is rather a specific, individual commandment incumbent upon a Jew to give rebuke when the occasion arises.

The Situation Today

How are we to give rebuke today, when sins are so prevalent? The Chafetz Chaim cites an opinion (Sh. Ar. Orach Chaim 608, Beiur Halakhah) that only when it is within our power to enforce our rebuke are we obligated to do so. He adds that those who have totally "denied and shirked the yoke of mitzvot" need not be rebuked. Furthermore, writes the Chafetz Chaim, even the authoritative Rav Moshe Isserles, who says that purposeful sinners must be rebuked, would agree that sinners who perpetually flaunt their Torah violations need not be rebuked.

We must always keep in mind that which the Chazon Ish, and many after him, said, based on Maimonides: Most of today's sinners are considered like tinokot she'nishbu, babies who were brought up by Gentiles and who therefore have no knowledge whatsoever of a Torah way of life. They must therefore be approached with love, not anger or resentment, in order to return them to Judaism – and that is the bottom line of all rebuke.

Ki Tavo: Different Approaches to the Holocaust, etc.

Based on an article by Rav Moshe Leib HaCohen Halbershtadt, Founder and Director of YORU Jewish Leadership, yeshiva.org.il, translated by Hillel Fendel.

Close to half of this week's Torah portion of Ki Tavo (D'varim 26,1–29,8) is devoted to the tokhecha, a detailed list of unimaginably terrible curses that will befall the people of Israel if they do not hearken to G-d's word. We know that tragically, many if not all of these curses came to pass during the course of our history: with the destructions of both the First and Second Temples, and in the centuries in between and mainly afterwards, during our long Exile. The shadow of the destruction of European Jewry in the terrible Holocaust is still ever-present in our minds and memories.

How are we to deal with the fulfillment of these dreadful curses, faith-wise? For many of our brethren, it caused a crisis of faith. They experienced the horrors, sometimes face on, and simply could not accept that such things could happen in G-d's world. 

Even among the great leaders of Israel, there were different approaches in the struggle of faith in confronting the horror. There were those who took a strict approach of rebuke, saying that the horror was a direct consequence of straying from the path of G-d – precisely as the Torah states here in Ki Tavo. They even pointed to specific sins and sociological processes that brought about specific punishments, measure for measure.

Others opposed this approach of seeking specific sins in order to explain the Holocaust. In their view, the tokhecha and punishments are inherent in the destiny of the Jewish people until the coming of the Messiah, and its ultimate reasons are up to the Creator's will, for reasons known and understood to Him alone. One would need to be a prophet or even just a Tanna (sage of the Mishnah) to claim to understand the specific causes of what happened to us. Anyone who falls short of this level yet still claims such an understanding, tramples in vain upon the bodies of the martyrs who died for the sanctification of G-d’s Name, and misuses the power of interpreting and understanding Jewish history. This confusion arises not only when we seek to "explain" the Holocaust, but also when smaller or more personal tragedies befall us, whether they be wars, terror attacks, illnesses, and the like,

In response to those who explain the Shoah as a measure-for-measure punishment, their opponents challenge: "Are you speaking logically? Why would the Al-mighty need to bring upon us such dreadful things? Could He not have found gentler means by which to bring us back to the right path? And what about all those infants who neither sinned nor transgressed?"

But in response to them, the others say: "Does not the Torah say outright [here in Parashat Ki Tavo, et al] that severe punishments await the people of Israel if they do not listen to the voice of G-d?" Not only that, but Maimonides states clearly that to search for specific sins for which we were punished is the recommended path when punishment befalls us. In Mishneh Torah, Laws of Fasts 1:2–3, the Rambam writes (paraphrased): 

"This is among the ways of repentance: When calamity comes and the people cry out over it and sound the trumpets, everyone will then know that it was due to their sins – and this repentance will cause the calamity to be nullified. But if they do not cry out, etc., but instead say: "Whatever happened is merely the way of the world and happenstance" - this is actual cruelty, because it causes them to cling to their evil deeds, instead of to "search their ways and repent," and thus the calamity will bring upon them further calamities."

Foundations of Faith

“The ultimate of what we shall know of You is that we shall not know You. And yet we shall know Your existence — this is what remains for us from all our toil of study."
(by 14th-century Torah scholar Rabbi Yedaiah HaP'nini)

Without presuming to decide which of the above approaches is more correct, let us merely seek to understand our agreed-upon foundations of faith, according to the above teaching of the great sage and poet, our master Rabbi Yedaiah HaPenini. He seems to have taught here two foundations of faith that appear to be contradictory: "We know Your existence, but the only thing we know about You is that we cannot know You." How are we to understand this? 

Rational reflection on both recent and distant history leads to the clear and simple conclusion that "we know Your existence," that "the palace has a master," and that the Torah is true and are fulfilled precisely: "If you do not hearken to the voice of the Lord … then all these curses shall come upon you…" And as King Solomon writes in Proverbs (21,30), “There is no wisdom and no understanding and no counsel against the Lord.” 

But at the same time, it is also true that "the ultimate of what we know of You is that we do not know You." No one truly understands the ways of G-d; no one knows the calculations of Heaven. The debate is only about how to fulfill the Rambam’s directive to identify our sins: Should we point to specific sins, or should we repent in a more general way? 

But no one is capable of "understanding" G-d – and this is the ultimate knowledge of Him.

The Parable of the Farmer
The holy rabbi, leader and Shoah-victim Rabbi Elchanan Wasserman, may G-d avenge his blood, was asked during his final, terrifying days in Kovno, why such horrors had been decreed upon them. R. Elchanan told the following parable:

There was once a man who knew nothing of farming, who came to a farmer and asked him to teach him the work of the land. The farmer took him to his field and asked him what he saw. He said, “I see a plot of land, rich with greenery, pleasing to the eye.”

The guest then stood astonished as the farmer plowed under the greenery, turning the beautiful green field into heaps of low brown furrows. “Why did you destroy the field?” he exclaimed. “Patience, you’ll see,” said the farmer.

Later the farmer showed his guest a sack full of fine, nourishing wheat kernels, and asked him, "What do you see?" "Beautifully satisfying and appealing grain," he said. But he again looked on in shock as the farmer destroyed the valuable product, scattering the kernels along the furrows and casting them into the opened earth wherever he walked. He then covered the seeds with clods of soil.

“First you ruined the field," the guest demanded, "and now you’re wasting the grain! Have you lost your mind?”  

“Patience," said the farmer. "You’ll see.”

After some time, the farmer again brought his guest to the field. Now they beheld, as far as the eye could see, straight rows of green stalks sprouting and rising from the furrows. The guest smiled with relief: “I apologize. Now I understand what you did. The field is now more beautiful than ever. The farmer's work is truly amazing.”

“Not quite,” said the farmer. “A bit more patience, please.”

In time, the guest looked on with horror as the farmer cut down the fully-grown stalks; struck them and beat them until they turned into a mixture of straw and loose kernels; then loaded a wagon high with the grain and brought it to the mill where he ground it into powder. With each stage, the guest complained, and each time he was told to have patience. 

The same happened when the farmer brought the flour home, mixed it with water, and made a form of white mud. He then shaped it – and to the guest's horror, placed it into a burning furnace! 

At last, the farmer opened the oven and removed from it a fresh loaf of bread, golden and crisp, with an aroma that stirred the appetite. “Come,” said the farmer. "Enjoy the tasty and healthful bread. Now do you understand?!”

G-d is our Farmer, and we are the fools who have not even the faintest beginning of understanding of His ways or of the final outcome of His deeds. Only when the process is completed will the people of Israel know why all this has happened. When the Redemption process is complete, we shall understand all the steps that led up to it. Until then, we must gird ourselves with patience and faith that everything, even when it appears as destruction and suffering, is part of a process that will bring goodness and delight.

Va'etchanan: Keeping the Torah, Details and Principles

by Rav Hillel Fendel.

Moshe Rabbeinu continues his parting speech to the Children of Israel in this week's Torah portion of Va'etchanan (D'varim 3,23-7,11). This is just before his death and as the nation is about to enter the promised Land of Israel without him. In his speech, Moshe continues to emphasize the importance of keeping the Torah as they begin their national life in the Holy Land, repeating the Ten Commandments and telling them the principles of Sh'ma Yisrael.

At one point, Moshe says (6,24-25): "G-d commanded us to keep all these rules… It is our privilege to safeguard and observe this entire mandate before Hashem our G-d, as He commanded us."

A famous Talmudic teaching states, in the name of R. Samlai, that the Torah given to Moshe to give to Israel contains 613 commandments – 365 negative commandments of what not to do, corresponding to the days of the solar year, and 248 proactive commandments, corresponding to the organs of the human body. R. Hamnuna adds that this is alluded to in the Torah itself, in the verse, "Moshe commanded us the Torah as a legacy" (D'varim 33,4) – "Torah" that was given to Moshe to give to Israel is equal to 611 in gematriya, plus another two commandments that were commanded directly to Israel (the first two of the Ten Commandments), for a total of 613.

The Talmud then adds a fascinating but puzzling insight: "King David came and stood/established them on only 11 commandments, as he wrote in Psalms 15: “Lord, who shall sojourn in Your Tabernacle? Who shall dwell upon Your sacred mountain? He who walks wholeheartedly, and does righteousness, and speaks truth in his heart; who has no slander upon his tongue, nor does evil to his neighbor, nor takes up reproach against his relative; in whose eyes a vile person is despised, and honors those who fear the Lord; he takes an oath to his own detriment, and changes not. He neither gives his money with interest, nor takes a bribe against the innocent."

Rashi – actually, his student and son-in-law known as Rivan – explains: "At first, they were righteous and were able to fulfill many of the mitzvot, but in later generations, they were not as righteous, and if they would seek to fulfill all of them, no one would merit to do so. David them came and established them on 11 so that they would be meritorious if they would fulfill these…"

The famous question is of course, "Are the other 600-plus mitzvot then null and void simply because they became too hard?! This certainly cannot be!"

The Maharsha (a famous commentary on the Talmud by R. Shmuel Eliezer Edeles, 1555-1631) explains as follows [paraphrased]:

"Most of the 613 cannot be fulfilled by everyone: Most people are exempt from the Priestly mitzvot, and the priests are exempt from giving tithes to the Levites, and others cannot fulfill the commandments that apply only to the Land of Israel, etc., etc. The same is true for negative mitzvot: One does not fulfill the mitzvah of not eating non-kosher food, for instance, unless he was faced with that situation and overcame it. As such, how can we ever merit the World to Come? The answer is that the Prophets provided comprehensive principles of behavior for the entire Jewish Nation, which apply at all times and in all places. These 11 principles that David established include a great part of the Torah and apply to everyone at all time, and with these we can attain the World to Come."

Another explanation is provided by the renowned Rabbi Moshe Feinstein of New York (d. 1986) in his work Dibrot Moshe. He writes that the Gemara explains that the 11 principles of David are principles and character traits that one must adopt and live by in order to fulfill the entire Torah. As such, they are not "replacement" mitzvot, but rather attributes that we should adopt in order to overcome the negative behaviors we became accustomed to in our childhood, before we acquired the maturity to understand what is right and what is wrong. (See there for a learned discourse on whether character traits can be commanded, and more.)

May we merit to work hard and be privileged to "safeguard and observe this entire mandate before Hashem our G-d, as He commanded us" so that it may be "good for us all the days" (ibid. verse 24).