Shabbat Nachamu

Last year at this time I was just arriving in New York for a visit/some meetings for work.

I was graciously invited by the Rav of my in-laws' shul - R' Moshe Rosenberg - to speak briefly Shabbat morning. The following is a summary of the idea I shared with everyone in shul.

Shabbat Shalom.

The Purpose of Man's Existence according to R' Chaim Volozhin

As we mentioned previously, The Gemara teaches us that the second Beit Hamikdash was destroyed as a result of sin'at chinam - hatred for one another. 

On the topic of our interaction with others, I think the following source speaks for itself:

In the introduction to sefer Nefesh Hachaim, one of the son's of R' Chaim of Volozhin tells of the rebuke that he would often hear from his father regarding the treatment of others:

[My father] would often rebuke me upon seeing that I did not concern myself with the suffering of others. And this is what he constantly said to me: 'This is the entire [reason for the existence of] man - [man] was not created for his own sake, but rather [man was created] only for the purpose of assisting others to the best of his abilities'.

The 3 Weeks - Sin'at Chinam

This time of year, the issue of "sin'at chinam" - baseless disrespect and even hatred for others - receives much attention. Many of us are aware that Chazal teach us that it was none other than sin'at chinam that caused the ultimate destruction of the second Beit Hamikdash.

I just wanted to offer the following observation on the actual source of this Chazal. The Gemara in Yoma (9b) says:

מקדש ראשון מפני מה חרב? מפני שלשה דברים שהיו בו: עבודה זרה, וגלוי עריות, ושפיכות דמים…אבל מקדש שני, שהיו עוסקין בתורה ובמצות וגמילות חסדים מפני מה חרב? מפני שהיתה בו שנאת חנם.

The Gemara clearly says that the first Beit Hamikdash was destroyed because the Jewish people were violating the prohibitions of idol worship, illicit relations, and murder. And then the Gemara asks: But what about the second Beit Hamikdash in which the Jews were constantly involved in Torah, Mitzvot and Gemilut Chasadim (acts of kindness to one another)?? There, the reason for destruction was sin'at chinam.

What is fascinating about this Gemara is that it says explicitly that the generation that lived during Bayit Sheini was constantly involved in gemilut chasadim, and yet the reason that was singled out as the cause for the ultimate destruction was senseless hatred. How can both be true??

I'll admit that I have not had a chance to look at the mefarshim, but off the cuff I would say the following: 

You could answer that these opposite behaviors were directed at different people - they were nice to their family and friends and showed hatred to others. This might be the p'shat here.

However, it is also possible that the Jews of that time really were consistently involved in gemilut chasadim towards everyone in the community and they did not discriminate.

The issue then was that they outwardly performed acts of kindness to one another, but this kindness was superficial at best. It was not done with the intention of sincerely making another person feel good or really trying to feel the pain of a neighbor. Beneath the surface, there was still cynicism, criticism and even hatred.

Perhaps the avoda of the 3 weeks is to try and make our gemilut chassadim a little more sincere and make sure it is not just superficial acts that make us look good to others.

The Rambam writes in (Hilchot De'ot 6:3) that one of the ways to fulfill the mitzva of "v'ahavta l'reiacha kamocha", is to speak nicely about someone else (see the Pri Megadim in Eshel Avraham O.C. 156. Also see Sefer Hachinuch #343 for a possibly different approach). 

According to the Rambam, it isn't enough for one to just perform the act of kindness itself, but rather one is obligated to also try to sincerely develop kind feelings towards his friend and express these feelings to others. The mere expression of these feelings indicates a level of sincerity and also helps to etch these positive feelings into the psyche of the one expressing them.

In terms of practical application, I was thinking that it might be a bit awkward to suddenly start going around complimenting everyone, so I thought it might be better to start small. The Gemara (Kiddushin 40a) clearly says that the mitzva of  v'ahavta l'reiacha kamocha applies to one's spouse, so maybe that is a good place to begin... 

Talk about a good deal - sincerely compliment your wife (or husband) and you gain not only brownie points, but a mitzvah d'orayta as well, and you bring us that much closer to the next Beit Hamikdash.

Not too bad.

O.C. 1:1 - The Great "Modeh Ani" Debate #2

Yesterday, we presented two ways to understand the focus of Modeh Ani that we say in the morning. According to the Shelah Hakadosh it is our way of saying thank you to Hashem for returning our neshama in the morning. According to the Ba’al Hatanya however, it is in order to instill an awareness of Hashem’s presence in our hearts and behave accordingly.

This provided us with a nice understanding as to "what" Modeh Ani is, but we still need to answer the question of "Why" -  Why do we thank Hashem for the return of the neshama in the morning (according to the She'lah) and why do we immediately recognize Hashem's presence when first open our eyes (according to the Ba'al HaTanya)?? 

I've heard many times from Rav Soloveitchick's students (and also read myself) that the Rav believed very strongly that all legitimate minhagim have their roots in a documented halachic precedent. There is no such thing as a minhag that comes out of thin air. It must be rooted in a "kiyum" - a fulfillment of an existing halacha. So what is the halachic precedent for saying Modeh Ani?

This was actually bothering me since the last post and after a little more research, I would like to propose the following.

The Gemara and Poskim discuss other Halachot that are relevant first thing in the morning. In fact, the Rama opens his comments in Shulchan Aruch by presenting passuk "shiviti Hashem l'negdi tamid" - I always place Hashem before me. From the moment a person wakes up a person should feel and recognize Hashem's presence. 

The Rama himself in his opening words to Darkei Moshe (his commentary to the Tur) explains further that this is based on the Rambam in Moreh Nevichim (3:52) who writes that the fulfillment of "shiviti Hashem l'negdi tamid" begins immediately when one wakes up in the morning by reminding one's self that Hashem's presence permeates the whole world. This will help the person get up quickly and keep this perspective the whole day. 

This clearly appears to be the halachic precedent for Modeh Ani according to the Ba'al HaTanya. The minhag to say Modeh Ani was started as a way to effectively facilitate the fulfillment of "shiviti Hashem l'negdi tamid".

The She'lah HaKadosh on the other hand, might be pointing to something else entirely. 

There is another bracha that we say in the morning that sounds very similar to Modeh Ani - namely the bracha of "Elokai Neshama". In Elokai Neshama we also acknowledge that Hashem is in control of the neshama and manages its whereabouts.

The interesting thing about Elokai Neshama is that it is a bracha that ends with a "Baruch" but does not start with one. The rishonim pick up on this and debate the reason why this is so.

Some rishonim (like Tosafot in Brachot) understand that Elokai Neshama is a "Birkat Hoda'ah" - a bracha to thank Hashem for something, and we find other instances where brachot such as these do not require a "baruch" at the beginning. Other rishonim  (like the Tur, the Rosh) hold that this bracha doesn't begin with Baruch because it is a bracha ha'smucha l'chaverta - it is meant to be combined with the recitation of Asher Yatzar, thus making the first Baruch of Elokai Neshama unnecesarry.

Finally (and most relevant to our discussion), there is the opinion of the Ra'avad an the Meiri who agree that Elokai Neshama is a bracha ha'smucha l'chaverta, but they feel that is is actually to be combined with the bracha of Hamapil - the last bracha one should recite before falling asleep! Even though one has slept several hours in between, the bracha of Elokai Neshama is actually a direct continuation of Hamapil and therefore does not require its own Baruch at the beginning.

We see from the Ra'avad that ideally, Elokai Neshama should be said immediately upon waking up in the morning. The only problem is that it is very difficult to maintain so much time in between the two brachot without a hefsek (interruption). Therefore, the bracha of Elokai Neshama was moved to be connected to the bracha of Asher Yatzar instead.

I saw quoted in the name of Sefer "Mas'at Kapi" (by R' Dovid Kahn) that this opinion of the Ra'avad may be the basis for the minhag to recite Modeh Ani. Since we no longer say the actual bracha of Elokai Neshama in the ideal time (i.e. immediately upon awakening), a custom started to recite Modeh Ani which closely resembles the theme of Elokai Neshama without actually being a bracha.

I believe that this explanation explains the opinion of the Shelah Hakadosh very well. The Shelah Hakadosh explicitly says that the focus of modeh ani is acknowledging Hashem's kindness in returning our neshama. It would make sense then, that this is being done in place of the Elokai Neshama that should have been recited but was moved to later in the day for the reasons cited above.

In summary - perhaps we have found the halachic precedent we were searching for and the root of the disagreement between the Shelah and the Ba'al Hatanya. The Ba'al Hatanya holds that by reciting Modeh Ani we are fulfilling our requirement of  "shiviti Hashem l'negdi tamid"  as outlined by the Rama and the Rambam.

The Shelah HaKadosh on the other hand understands that Modeh Ani is meant as a non-bracha replacement for the bracha of Elokai Neshama that should have been recited immediately upon awakening (according to the Ra'avad), but cannot be recited for technical reasons of hefsek.

O.C. 1:1 - The Great "Modeh Ani" Debate #1

To most people, the name R’ Moshe ben Machir probably doesn't ring a bell. He was a great Rav and kabbalist who lived in Tzfat in the 16th Century and was a contemporary and student of the Ariza"l and R' Yosef Karo. He is slightly better-known for his work entitled “Seder Hayom”.

The cover page of Seder Hayom describes the sefer as a “very pleasant commentary to the tefillot”. Perhaps this line was written out of modesty, because in truth, the sefer appears to be much more than that. I would say that it is one of the first time-management-for-dummies books ever written.

As the author himself writes in his introduction, time is a very precious gift from Hashem. Just as a person is meticulous with the way that he spends his money with constant budgeting and calculating, so should a person handle his time. Every moment is precious and every waking moment in one’s day should be filled with productive behavior. It is for this reason that R’ Moshe ben Machir wrote the Seder Hayom - to serve as a guide for how to productively spend time each day from the moment one wakes up until the moment one goes to bed at night.

I don’t know how many people have a “seder” in learning “Seder Hayom” (pun intended), but he is quoted from time to time in more contemporary poskim and therefore you might actually be more familiar with his teachings than you think.

In fact, in all likelihood you recall one of his teachings each and every day, because his sefer appears to be the source for saying Modeh Ani when you wake up in the morning. Many people mistakenly think that the “Modeh Ani” nussach that we recite in the morning is a din in the gemara or the poskim. The truth is that it does not appear in this form anywhere in Chaza”l, the Tur or Shulchan Aruch. It appears that the origin is the second paragraph of the Seder Hayom:

The Seder Hayom does not appear to give any explanation as to why we are saying Modeh Ani in the morning, but rather just provides us with instruction to recite it.

There are (at least) two approaches in the later poskim as to what the purpose of this recitation is.

According to the She'lah Hakadosh in his siddur, the reason we say Modeh Ani is in order to thank Hashem for giving us back our neshama. After returning our neshama to Him full of sin the night before, Hashem in His infinite kindness returns it to us in the morning:

The first Lubavitcher Rebbe (R' Shneur Zalman of Liadi) however, has a seemingly different approach to Modeh Ani. He writes in his siddur (named "Torah Or") that by saying Modeh Ani, one is recognizing that Hashem is before him and this helps the person immediately get out of bed:

We'll leave it at that for now. There is much more to say on the topic - bli neder in the next post.

Parshat Pinchas - Inheriting Eretz Yisrael

The beginning of Parshat Pinchas tells of a census that Hashem commanded Moshe and Elazar HaKohen to take of B'nei Yisrael. After counting the people, Hashem begins outlining the eventual division of Eretz Yisrael among the tribes, families and individuals. 

I will admit that in the past, I basically just skimmed through this part of the parsha without much attention. This week though, I noticed an absolutely amazing Rashi (which I will paraphrase for clarity and convenience).

If you read this section of the parsha (Bamidbar 26:52-55) carefully, you will notice that in a span of 3 pesukim Hashem seemingly gives 2 different directives as to how the land should be divided  (I am only including English text since the Hebrew is not cooperating at the moment).

In pasuk 53-54 Hashem says that a portion of the land is given to each individual person. Therefore, the more people entering the land from a given shevet, the more land is given to that shevet to divide:

 "You shall divide the Land among these as an inheritance, in accordance with the number of names: To the large [tribe] you shall give a larger inheritance and to a smaller tribe you shall give a smaller inheritance, each person shall be given an inheritance according to his number."

Then, in the very next pasuk (pasuk 55) Hashem says that the division of the land is somehow based on the number of fathers in the previous generation who left mitzrayim.

"Only through lot shall the Land be apportioned; they shall inherit it according to the names of their fathers"

So which one is it - is the land to be divided by accounting for every individual entering the land, or is the land divided up by looking back a generation in order to divide it per-father who left mitzrayim (in other words, one equal portion per family and not per individual)??

Rashi explains - both. The nature of the inheritance of Eretz Yisrael is unique and different that all other inheritance. When it comes to Eretz Yisrael, not only do living descendants inherit from their deceased ancestors, but the departed ancestors actually inherit from the living descendants as well.

How so? It went line this:

First, the land was split up among all of the individuals who were actually entering the land to live there. Once every individual received his portion on paper, something amazing happened - the land was then "bequeathed" to the deceased ancestors and essentially divided up per family that left Mitzrayim.
Only then was it returned to back to the living individual children and grandchildren who were entering the land.

Practically, nothing changed in the end result - every individual received his portion when all is said and done. For some reason though, the process of inheritance could not be completed without the deceased ancestors becoming brief owners of the land themselves and then passing it back to their children.

The obvious question is why?? Why would Hashem want to involve the previous generation in this process? Why the need for this generation to posthumously become owners of the land and only then pass it down to their children who were to live there???

I think the message here is clear - although the generation that left Mitzrayim did not enter Eretz Yisrael personally, it was in their merit that their children were able to do so.
Yes, the actual acquisition and settling of the land was going to be done by the individuals living there, but without the efforts of the previous generation,this opportunity would have never been realized. The generation that left Mitzrayim had its ups and downs in the desert, but at the end of the day this was the generation to leave Mitzrayim and accept the Torah.

Perhaps Hashem's intent here is to tell the Jewish people as follows: Although your parents didn't make it into Israel, don't think that you could've done it without them. Realize what kind of efforts they made on your behalf. Appreciate the zechut avot from which you are benefiting.

Perhaps this is why the land had to first go through the hands of the generation that left Mitzrayim and only then could it be received by their children.

I would just add that while Rashi is clearly talking specifically about those generations, I think the same message remains true today. Many generations before ours were never zoche to visit, let alone live in Eretz Yisrael. But perhaps it is due to their tefillot and merits that we, their childen, are able to do so today.

Shabbat Shalom.                                                                                                                                                                                                                                                                                                                                                                                                                                 

Related Links to Audio Shiurim

I have come across some audio shiurim that relate to issues we've disussed in previous posts. I thought it would be worthwhile pointing them out:

In this post we discussed the issue of having your internet business run on Shabbat. R' Elon Soniker recently gave a series on the topic. I've found 2 parts so far: Part 1   Part 2

[FYI - I found the following summary (in shorthand) of Part 1:  "Websites on Shabbat? Looks at 3 types: 1) informational only (e.g. Shul website); 2) deferred sales (widgets to be delivered in the future); 3) immediate sales (download computer programs). Well, what’s the issue for Shabbat? (Rashi in Beitzah) I) business prohibited under Mmtzoh Cheftzocha; or II) maybe you’ll come to write because of the transaction.
Mishneh Brurah says must be “obvious” that it’s business for internet so: I) wouldn’t be a problem; II) might be. Detailed discussion of time clocks/zilzul issue (but leaves out R’HS unique shitah based on “new” text of Rambam). Another issue – What if ownership action takes place on Friday but on condition that it not take effect until Shabbat day.]

Also on this topic, R' Assaf Bednarsh gives a shiur on these issues here.

We also have been discussing Machon Tzomet's solution to oil drilling on Shabbat. I mentioned R' Rozen's acknowledgement of the controversial nature of his institution's approach and the critique it has received from other halachic authorities.

I was told that R' Dovid Miller discusses this debate here.

Full disclosure - I have not yet listened to any of these shiurim so I cannot comment on the content.