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Toronto Torah Beit Midrash Zichron Dov

Parshat Pinchas 21 Tammuz 5770/July 3, 2010 Vol. I Num. 36

The Joy of Tisha b’Av R’ Meir Lipschitz

R‘ Yosef Karo (Orach Chaim 559:4) calamity, there is a mitzvah to say the This can help us understand the
rules that we do not say tachanun on blessing of ―Dayan HaEmet‖ (we bless paradox of Tisha B‘Av; if one must be
Tisha B‘Av because it is considered a HaShem for being The Truthful Judge). joyous for physical good amidst
holiday. We also do not say ,‫למנצח‬and This beracha is said, for example, tragedy, how much more so when we
the Mishna Berurah (559:19) explains upon hearing the news of someone‘s experience a spiritual blessing, even
that this is, ―Because it includes the death. amidst mourning. Even as we cry over
words ‗G-d will answer you on a day the destruction of the holy Temple and
of suffering‘ and this does not apply.‖ The gemara (Berachos 59b) explained are distraught over this long-endured
How are we to make sense of this? that it is possible to make both of exile, there is also reason for joy. With
Tisha B‘Av—the culmination of a three these blessings at the same time: If a all the pain and suffering we have
week period of mourning—is the person‘s relative were to die and experienced—many tragic events in
saddest day in the calendar, and as leave him an inheritance, the recipient our national history can be linked to
such, how can we omit these two would recite both berachot. He would this one time period—we remain and
prayers and consider the day a need to say Dayan HaEmet because of endure, nonetheless. We have a
holiday?! the pain and sadness over the loss of promise from HaShem of continued
his loved one, but he would also need survival, protection, and redemption.
An answer may be found in an to say ―HaTov v‘HaMeitiv‖ in gratitude We have much to celebrate. Tisha
otherwise unrelated set of halachot. to HaShem for the large inheritance. B‘Av is thus both a day of mourning
The Gemara in Berachot teaches that, [While material goods in no way and a day of celebration. As such,
―One is obligated to bless on the bad, compensate for the loss of a loved while we spend our day mourning the
just as one must bless on the good.‖ one, there still is a measure of joy loss of the Beit HaMikdash we also do
When one hears good news, or has a experienced upon inheriting a not say tachanun in deference to the
very positive experience, there is a substantial inheritance and this can be joy we feel despite that sadness.
mitzvah to make the special beracha felt even while mourning a relative.]
The Gemara in Makkot tells a story of
of ―HaTov v‘HaMeitiv‖ (we bless This individual is experiencing sorrow
R‘ Akiva which highlights the need to
HaShem for being good and and joy at the same time and as such
celebrate even amidst sorrow. Upon
bestowing good). For example, this needs to make both berachot;
seeing the Beit HaMikdash in ruin, R‘
beracha can be made on a joyous something which would normally
Akiva began to laugh while his
occasion or when experiencing a truly seem contradictory.
companions cried. When asked why
good wine. On the other hand upon
he was laughing in the face of such
hearing bad news, or experiencing a
destruction R‘ Akiva responded: ―Now
that the prophecy of Uriah (of
Parshah Questions R’ Meir Lipschitz destruction) has been fulfilled, I know
that the prophecy of Zechariah (of
(Sources are provided to help the reader research answers)
redemption) will be fulfilled as well.‖
 Why are the fates of Datan and Aviram included in the lineage of the tribe of Let us look forward to the day when
Reuven? Tisha B‘Av will not be a day of
(Ibn Ezra, Ramban, and Ohr HaChaim to Bamidbar 26:9-11) mourning mixed with joy, but a day of
 Since Pinchas was a descendant of Aharon, why did he need special induction into total joy celebrating the coming of
the Kehunah? Moshiach and the final redemption
(Rashi, Ibn Ezra, Ramban, Ralbag, Chizkuni, Da‘at Zekeinim, and Alshich to .‫במהרה בימינו‬
Bamidbar 25:13)
 Why is the goat offering of Rosh Chodesh called a '‫?שעיר לה‬
(Rashi, Chizkuni, Gur Aryeh, Netziv, Torah Temimah, Meshech Chochma, and To sponsor an issue of
Ma‘ayan Beit HaShoeivah to Bamidbar 28:15 and Moreh Nevuchim 3:46) Toronto Torah,
 For children: Why is the story about the daughters of ‫ צלפחד‬mentioned here? please contact Yehuda Gelberger
(Rashi to Bamidbar 27:1)
Yishuv ha’Aretz: The Original Environmentalism R’ Mordechai Torczyner

An old joke presents a man mitzvot, and HaShem would handle the the Torah‘s environmentalist mandate.
interviewing his prospective son-in- big picture. In Parshat Pinchas, The gemara (Berachot 35b) records a
law regarding his prospects, and though, the charge changes. As we classic debate between Rabbi
being negatively impressed by the stand on the verge of entering Canaan, Yishmael and Rabban Shimon bar
younger man‘s repeated declaration we are told, :‫לאלה תחלק הארץ‬This Yochai: Rabbi Yishmael ruled that we
that, ―G-d will provide.‖ We laugh as people is going to have a land. Once are supposed to work in our fields
the older man tells his wife, ―It went we became home-owners in Canaan, before using the rest of our time for
well; he thinks I‘m G-d!‖ But when it our responsibilities are forever Torah. Rabban Shimon bar Yochai
comes to preserving our planet, many altered, and we are instructed to argued that a Jew is obligated to study
of us take the son-in-law role, manage the land we have been given. Torah full-time, and HaShem will
answering concerns about natural handle the matter of livelihood.
resources, pollution and hunger with This new instruction is the mitzvah Nonetheless, even Rabban Shimon
the active declaration or passive known as Yishuv ha‘Aretz, settling the Bar Yochai rules that we are
assumption, ―G-d will provide.‖ land, and the responsibilities it places responsible to take care of that
upon our shoulders begin in biblical special land assigned to us; he does
In truth, that lack of responsibility is law and continue in rabbinic not disagree with the numerous laws
consistent with the message of the legislation and the guidance of our designed to ensure that agricultural
Torah‘s first three-and-a-half books. sages. The mitzvah has roots in life in Israel would thrive.
In Bereishit, HaShem created the HaShem‘s declaration to Avraham,
world and engineered miracles to ―Live in the land!‖ on which the Surely, we carry greater
send our ancestors down to Egypt. In midrash (Bereishit Rabbah 64) environmental responsibilities. We
Shemot, HaShem intervened to rescue expands, ―Create life in Israel – Plant are instructed not to wantonly destroy
us from Egypt, sending makkot, trees, sow seeds, erect buildings.‖ It any part of this world, not to waste
splitting the sea, and so on. In continues in Parshat Matot when the Divine gifts, and not to harm the
Vayyikra we learned about the Torah informs us of the way to build property of others. When it comes to
miraculous tzaraat punishment, and cities in Israel; among other Israel, though, this obligation is all the
we heard the Divine blessings and instructions, we are required to leave more intense. ,‫לאלה תחלק הארץ‬the
curses. In the first half of the book of spacious parkland around those cities. biblical pledge that this nation will
Bamidbar we saw Divine miracles Further along in history, the gemara have a land, charges us with a
produce water and quail, punish the notes numerous takkanot and rabbinic responsibility to protect and develop
meraglim and Korach, and defeat laws, beginning with Yehoshua and the land of Israel.
Sichon and Og. continuing through future generations
of leaders, protecting cities, homes, After HaShem told Moshe about the
For those initial books of the Torah, water and land in Israel. (For distribution of Canaan, the daughters
our responsibility was to fulfill our examples, see Bava Kama 81b.) This is of Tzelafchad protested that their
father‘s land should not be absorbed
by the rest of the tribe, but should
613 Mitzvot: Mitzvot 42, 344-348 – remain with them. They were correct,
and the gemara (Bava Batra 119a)
Holding a Slave says that although HaShem had
already planned to include the law of
a daughter‘s inheritance in the Torah,
Mitzvah 42 introduces the concept like chattel. One is also obligated to it was recorded in their name, as ―the
of owning a person as a slave. The make sure to redeem Jews who have law of the daughters of Tzelafchad,‖
Torah presents slavery as a long- been sold as slaves to non-Jews, if because they came forth to plead for a
term contract which the slave may they are being mistreated. share in Israel. There likely were
not break, but which entitles him to other daughters who did not have
As the Sefer haChinuch explains, the
a variety of protections. In mitzvot brothers, but the daughters of
Torah‘s rules for slavery ensure that
344-348 we are introduced to some Tzelafchad stepped forward because
even as we provide economic of their love for Israel, and so their
of these protections, as well as
security to a person who is name endures forever. G-d-willing,
distinctions between different kinds
impoverished enough to sacrifice his we will also display our love for the
of slaves.
freedom, we also treat him with land of Israel, supporting and caring
Some benefits include limitations mercy and respect. for the land, and our names will be
on degrading or painful work, and likewise preserved forever.
not selling a slave ―on the block‖

2 Visit us at
Ha’Am V’Ha’Aretz
R’ Moshe Sternbuch R’ Netanel Javasky Kibbutz Sa’ad
Kibbutz Sa'ad was founded on June 30th,
Born in London in 1926 and orphaned 1947 as the first kibbutz belonging to the
at a young age, Rav Shternbach spent Bnei Akiva movement, and as part of the
Torah in Translation his formative years learning in Religious Kibbutz Organization. Kibbutz
Shut Teshuvot ViHanhagot 1:193 Sa‘ad is located in the Northern Negev
Yeshivot in both England and Eretz
Birkat haGomeil after a Flight Yisrael. For many years, he was a Rav
region, about 20 minutes southwest of
in Johannesburg, South Africa, where
he delivered acclaimed Torah lectures During the 1948 War of Independence, the
Question: Should one bless HaGomeil after area where the Sa'ad pioneers had set up
on business ethics. His renown grew
flying on a plane? their new kibbutz outpost was almost
while there, and he returned to entirely destroyed by enemy attack.
Jerusalem to join the Beit Din of the Following the war, the kibbutz founders
Our Rabbis determined that four events
Eidah haChareidit, which he currently began cultivating the land, and over the
require praise to G-d, including ―those who
go down to the sea.‖ This implies that even heads as the Av Beit Din. following fifty years, the well-established,
in the summer months, when there are no beautiful community of Kibbutz Sa'ad made
A proud descendant of the Gra [the its place on Israel's map. Kibbutz Sa'ad's
dangerous storms or tempests in the water, Vilna Gaon, R‘ Eliyahu of Vilna], he multigenerational population generates its
one is still required to make the brachah compiled what is considered the income from agriculture and industry.
when he crosses the sea. Accordingly, authoritative book on his ancestor‘s Sa'ad members enjoy a rich religious,
when one flies in a plane across a sea, minhagim and rulings, ―Hilchot haGra social, and cultural life.
where, G-d forbid, if anything would go
uMinhagav.‖ Additionally, he has As of ten years ago, the Kibbutz Sa'ad
wrong the danger would be very great,
written many other works; he is most community was made up of 140 families,
even though nowadays air travel is not so
renowned for Moadim uZmanim, a set with a population of about 700. Members
dangerous - and in terms of percentage, and residents are employed according to
many more people are hurt in cars than in
of books discussing the Jewish
holidays. His book of responsa, their occupation and career choice, either
planes - nonetheless we must praise within the kibbutz structure or outside it.
Hashem when crossing the sea. G-d created Tshuvot uMinhagim, is also widely
quoted. Sa'ad's members live according to specific
a path through the sea for airplanes, and for
ideals and values, with an emphasis on
this it is worthwhile to thank G-d. Without Though an anti-Zionist, R‘ Sternbuch contribution to Israel society as a whole.
His great strength we would not be able to believes that there is a mitzvah in The kibbutz offers several unique
cross the sea unharmed, and this is one of moving to the Land of Israel. He is educational frameworks such as Youth
the great deeds of G-d for which we must Education, a school and dormitory
known to quote his father that it is
praise and thank Him upon our arrival, framework for teenagers from broken
better to live in the Diaspora and
despite the lack of danger. homes; Foster Family, for grade school
dream of the Land than to live in the
children, and Conversion Ulpan, for
We follow the Poskim who say that one who Land and dream of the Diaspora. families and young people.
crosses the sea by boat, even if his trip was Kibbutz Sa'ad has a regional religious
totally uneventful and without danger, must elementary school for grades 1 through 9
make this Brachah. The same would be for under the auspices of Israel's Ministry of
one who flew in a plane, without visible Education. Kibbutz Sa'ad, Kibbutz Alumim,
danger. The mere fact that we are able to Nonetheless, our practice is to recite and Moshav Tequma cooperate in running
cross the seas is a kindness of Hashem that this brachah… the Da'at School for their children. Pupils
he bestows upon us, albeit undeservedly, from area towns are also eligible for
and this warrants a blessing. However, even though our minhag is to acceptance.
make this blessing after flying, this is Sa'ad's crops include carrots, potatoes,
The prevalent custom nowadays is to make only if one flies over the sea, like the avocados, almonds and citrus fruit. Sa'ad
the brachah, especially given the fact that, original policy of our Rabbis. has a large dairy farm and a poultry farm,
at times, there are bandits and terrorists Therefore, one who flies from too.
who take over airplanes, posing a real Johannesburg to Cape Town, a flight Sa'ad's industries include Syfan, a plant that
threat. I have heard trustworthy testimony that does not go over water, does not manufactures plastic shrink film for
that this was the opinion of the Chazon Ish make this brachah. (I have heard that packaging, and Popli, which supplies
zatzal. I have also heard that the Tschubiner Rav Moshe Feinstein zatzal ruled that popcorn products and pet food. A fashion
Rav zatzal and Belzer Rebbe zatzal have one should recite the blessing after outlet called Kav LaKav sells clothes for
ruled that one should not make this flying in a plane, even if it does not go men, women, and children, Ahinoam
blessing, reasoning that the blessing is only over water...) Jewelry produces handmade jewelry in
for someone who at some point felt that his sterling silver, and a graphic design studio
life was endangered. This is the meaning of This ruling of Rav Moshe that the author is called Kesem produces beautiful work.
the verse, ―And they cried to G-d from their referring to can be found in Igrot Moshe One of Sa'ad's newest establishments open
pain, from their sorrow He shall save them.‖ (Orach Chaim 2:59). Also see Rav to the public is Beit Shikma, a beautiful
Nowadays, since we feel no threat when Shternbach’s later Teshuva (3:81) where convalescent and geriatric home where
flying and it has become like driving a car, he favours the approach of saying the patients receive round-the-clock care.
there is no obligation to say this brachah. blessing without Hashem’s name. Adapted from an article originally published
by Torah miTzion.

Visit us at 3
Shiur in Review: Kibud Av v’Em Part II R' Azarya Berzon

In the case of a parent who tells his child to include the fulfillment of the parent‘s will Es Shabsosai Tishmoru? If the Kibbud is
violate a mitzvah, the Rambam (Hilchos in areas beyond physical comfort? If the generated by the command of the parent
Mamrim 6:12) employs a strong and latter definition is correct, then the to violate the Torah, then the rule of Es
resolute language: ―he must not listen to mitzvah of Kibbud is generated by the Shabsosai Tishmoru applies and the
his parent‖. In the case of competing command of the parent and extends far parent‘s command does not register at
Kibbud obligations (ibid. Halachos 13-14, beyond the limits of serving one‘s all. If, on the other hand, the obligation
the Rambam uses a softer language: ―he parent. of Kibbud is generated by the real
should put aside (yaniach) the honor of his physical need of the parent (despite the
Mother. The term yaniach suggests that the As we have seen, the Rambam indicates fact that the parent vocalized this need to
that a child must not listen to a parent
issue is purely one of priority, i.e. which make the child aware of the physical
Kibbud comes first (K’dima). The Rambam who tells him to violate a mitzvah, and need), that need gives birth to the
indicates a fundamental difference this is derived from the Yalfusa. It would mitzvah of Kibbud automatically and rule
seem unlikely that the Rambam is
between the two rules. Whereas in the first of Es Shabsosai Tishmoru does not apply.
case there is no Kibbud whatsoever, in the addressing a situation of physical Instead the appropriate rule is the
comfort, but rather one of fulfillment of
second case the law only establishes a general one that a positive mitzvah
the parent‘s command. We therefore
sequence but both Kibbud obligations are overrides a negative one.
legally binding. In the first case, if the conclude that the mitzvah of Kibbud
extends beyond the scope of serving We can now understand the Rambam‘s
child should choose to obey his parent‘s
command and violate the mitzvah, not only one‘s parent, and can also be generated words in Hilchos G’zaila (end of Chapter
by the command of the parent. Es XI) as interpreted by the Magid Mishna:
is he accountable for the violation, he will
receive no reward for the act of Kibbud Shabsosai Tishmoru teaches that only a
command that can be reconciled with : ‫רמב " ם הלכות גזלה ואבדה פרק יא הלכה יט‬
since the command cannot generate the ‫ראה את האבדה ואמר לו אביו אל תחזירנה יחזיר ולא‬
mitzvah of Kibbud at all! In the second the Torah‘s law can generate the mitzvah
‫ שאם קבל מאביו נמצא בעת שקיים מצות‬, ‫יקבל ממנו‬
case, however, if one honored his Mother of Kibbud; one which contravenes the
‫עשה של כבד את אביך ביטל עשה של השב תשיבם ועבר‬
Will of the Torah is null and void.
first, although he would have breached the .‫על לא תוכל להתעלם‬
rule of K’dima, nonetheless he would be What emerges is a fundamental
rewarded for the fulfillment of the mitzvah ‫ ראה את האבדה ואמר לו אביו אל‬: ‫מגיד משנה‬
difference between two types of Kibbud.
of Kibbud. Whereas the first Halacha is ‫ פירוש אלא עסוק בדבורי להביא לי גוזלות‬.‫תחזירנה‬
The first includes the six categories of
based on the derivation of Es Shabsosai physical comfort; the second, the The Rambam clearly implies that if not
Tishmoru for without a source in the Torah fulfillment of one‘s parent‘s every for the fact that Hashavas Aveida is a
we could not nullify the mitzvah of Kibbud, command. The first is engendered with ―high-powered mitzvah‖ – entailing both
the second Halacha is derived from Svara, or without the command of the parent a Lo Ta’aseh and an Asseh - then the
i.e. the logical result of the fact that both since the pleasure derived by the parent mitzvah of Kibbud would override the Lo
you and your Mother share a common is a physical reality and the act of Kibbud Ta’aseh, under the general rule of Asseh
obligation of Kibbud vis-à-vis your Father. is meaningful per se. The second type of Doche Lo Ta’aseh. As the Magid Mishna
Thus the question of Tos‘ [Yevamos 6a] Kibbud which broadens the scope of the points out the Rambam is dealing with a
doesn‘t begin! The Yalfusa is absolutely mitzvah beyond physical comfort is case of physical need as the father needs
necessary to cancel Kibbud, whereas the generated by and limited to the to eat. In such a case, the rule of ―Ve’et
law of K’dima needs no source and is command of one‘s parent and its Shabsosai Tishmoru‖ does not apply
derived from svara. fulfillment. since it is not the fulfillment of the
father‘s command that produces the
To explain this further, let us raise the most The practical difference between these
mitzvah of Kibbud, but rather the father‘s
far reaching issue in the mitzvah of Kibbud. two categories of Kibbud is where
Is the mitzvah limited to service, i.e. the six physical pleasure. Instead the rule is that
Kibbud clashes with the law of the Torah. a positive mitzvah overrides a negative
forms of physical comfort listed in the Can we apply the general rule that a one.
braisa in Kiddushin (31b): ?‫ת"ר איזהו כיבוד‬ positive mitzvah overrides a negative
;‫ מכניס ומוציא‬,‫ מלביש ומכסה‬,‫מאכיל ומשקה‬or does it command, or are we to apply the rule of

Schedule for the Week of July 3, 21 Tammuz

Shabbat, July 3 Tuesday, July 6
After Family Minyan: R‘ Mordechai Torczyner: Mini Shiur 11:00AM R‘ Azarya Berzon: Pesachim, Clanton Park Men
7:10PM R‘ Mordechai Torczyner: Shiur b‘Ivrit: Praying for the 7:30PM R‘ Azarya Berzon: ―The Correct Approach to Rationalizing Chukim‖
Queen?, BAYT BAYT, West Wing Classroom #1
8:05PM R‘ Azrya Berzon, Pirkei Avot, BAYT 8:00PM R‘ Mordechai Torczyner: Minchat Chinuch : Korban Pesach for
Sunday, July 4 Canadians
8:30AM Russell Levy: Practical Halachah at the Cottage, Bnei Wednesday, July 7
Isaac, Baysville 7:30PM R‘ Meir Lipschitz: Derech Hashem, Kehillat Shaarei Torah
9:15AM Itamar Zolberg: Shiur b‘Ivrit, Zichron Yisrael 9:00PM R‘ Azarya Berzon: Shiur in Review, Clanton Park
7:30PM R‘ Azarya Berzon: Masechet Kiddushin, Shaarei Thursday, July 8
Shomayim 11:00AM R‘ Azarya Berzon: Masechet Pesachim (Advanced), Clanton Park
Monday, July 5 3:40PM R‘ Azarya Berzon: Hilchot Muktzah (Advanced), Clanton Park Men
7:30PM R‘ Azarya Berzon: Hilchot Talmud Torah, Clanton Park 7:30PM R‘ Meir Lipschitz, Patriotism, Shaarei Shomayim
9:00PM R‘ Azarya Berzon: Ramban al haTorah, 117 Clanton 8:45PM R‘ Azarya Berzon: Halachah and Life Issues, Clanton Park Men Maariv
Park will follow the shiur

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