Baba Batra 92 Why we shouldn’t make assumptions about consumers

 Listening to Dr. Elana Stein Hain’s podcast Din & Daf podcast is always worthwhile. “Why we shouldn’t make assumptions about consumers” is her most recent one. I want to share a little bit of her analysis.

The Gemara presents a case where a consumer purchases an ox and later discovers that it is a habitual goring ox. May he return the ox and get his money back is the discussion between Rav and Shmuel. “One who sells an ox to another and the ox is found to be one that habitually gores. Rav says: This is a mistaken transaction, since the buyer can claim that he bought the ox specifically for labor, and an ox that gores is not suitable for this function. Therefore, the seller must take back the ox and reimburse the buyer. And Shmuel says: The sale is not voided, as the seller can say to him: I sold it to you for slaughter, and the fact that it gores is immaterial... And Shmuel could have said to you: When we follow the majority, that is only with regard to ritual matters, but with regard to monetary matters, such as this, we do not follow the majority. Accordingly, there is no basis for voiding the sale.” (Sefaria.org translation) Let’s define the Hebrew word rov (רוֹב) to mean statistically or the likelihood in this case the Hebrew word khazaka (חזקה) to mean the very nature of the person or object.  

The Rishonim provides three different possible rationales why Shmuel should not make any assumptions about the consumer’s intent with regard to monetary matters. All quotations come from Hain’s source sheet.

1. פסקי ר"י argues that statistics alone are not good enough to make the seller return the money. “…Where did Shmuel say that we do not follow presumptions based on the majority in financial transactions? This is only where the defendant is currently in possession of the money, while the plaintiff is trying to extract the money from them, and the plaintiff has no other claim other than the presumption based on the majority of cases. That is where Shmuel says that we do not follow the presumption based on the majority of cases. For when “rov” and possession of money are in contest, possession is determinative: keep the money where it is, and any who wishes to extra money from another must produce evidence. But in a case where the plaintiff has a different winning claim, but there is a disagreement among the judges whether or not it is a good claim, there Shmuel would certainly agree that we follow the majority, as it is written, “to incline after the majority.”” Only when the purchaser has hard and fast proof of an invalid sale does he get his money back.

 

2.    The Bayit Khadash (ב"ח) argues that we don’t know what the majority is referring to. Since we don’t know whether the majority referring to the product itself or is the majority referring to the purchasers, we cannot follow presumptions and return the money to the purchaser. “… and the reason is that even though most flax seeds in the world are planted, there are many people who buy them for other purposes –food, medicine. And for every one person who buys 10 se’ah for planting, there are 100 people who buy one se’ah for food or medicine.” Consequently, the money stays with the seller.

 

3.    The Ritba argues that there is a difference between the intrinsic nature of the person or object and a personal choice. A majority is determined by the very intrinsic nature of those people or objects. For example, the majority of women successfully give birth; consequently, we can base decisions on this presumption. We can never know in advance why any individual will choose to purchase something. “…And you challenge: but we rule like rabanan that we do not concern ourselves with the minority of cases even for the purposes of being stricter? It is possible to say that this is only where the majority must be so by its nature – i.e., it does not depend on someone’s will – like the situation of minors who perform yibum or chalitzah – and we do not concern ourselves with the possibility that they may be incapable of having children, as that is a minority of cases. Or that which we say that most women who are pregnant give birth, and only a minority of them miscarry. However, when a majority presumption is based on people’s choice, sometimes a person might choose to behave like the minority.” Consequently, the seller doesn’t have to return the money to the purchaser.

I just presented Hain’s findings. I highly recommend listening to the entire podcast. https://hadran.org.il/author-post/din-daf-why-we-shouldnt-make-assumptions-about-consumers/

Stop don’t go TB Baba Batra 91

 With daf TB Baba Batra 91 we conclude the fifth chapter of our massekhet. The rabbis always prized the Land of Israel. They encouraged its Jewish citizens to remain there unless the times were so desperate they were forced to leave.

“The Sages taught: One may not leave Eretz Yisrael to live outside of Eretz Yisrael unless the price of two se’a of grain stood at a sela, which is double its usual price. Rabbi Shimon said: When does this exception, permitting one to leave Eretz Yisrael under certain circumstances, apply? It applies when one is unable to find produce to buy, as he has no money. But when one has money and is able to find produce to buy, even if the price of a se’a of grain stood at a sela, he may not leave.” (Sefaria.org translation)

The Gemara gives us a case study. Because of the famine Judea, Elimelehk uprooted his family from Bethlehem and moved Moav. “In the days when the chieftains ruled, there was a famine in the land; and a man of Bethlehem in Judah, with his wife and two sons, went to reside in the country of Moab. The man’s name was Elimelech, his wife’s name was Naomi, and his two sons were named Mahlon and Chilion—Ephrathites of Bethlehem in Judah. They came to the country of Moab and remained there.” (Ruth 1:1-2) There in Moav Elimelekh, Mahlon, and Chilion died. Mahlon and Chilion are strange names because Mahlon means “sickness” and Chilion means “destruction.”

Were these the real names of Elimelkh and Naomi’s sons or were they pointing to the fate of their bearers? “It is written: “Mahlon and Chilion” (Ruth 1:2), and it is written elsewhere: “Joash and Saraph, who had dominion in Moab” (I Chronicles 4:22). Apparently, both names refer to the same individuals who married Moabite wives. Rav and Shmuel disagreed with regard to their true names. One says: Their given names were Mahlon and Chilion, and why were they called by the names Saraph and Joash? One was called Joash [yoash] because they despaired [nitya’ashu] of the redemption of Eretz Yisrael, as they established themselves in Moab and lived there for many years. The other was called Saraph, because they were liable to receive the punishment of burning [sereifa] for their sins against God, because they left their community. And one of them says: Their given names were Joash and Saraph, and why were they called by the names Mahlon and Chilion? One was called Mahlon [maḥlon] because they made their bodies profane [ḥullin], and the other was called Chilion [khilyon] because they were liable to receive the punishment of destruction [kelaya] for their sins against God.” (Sefaria.org translation)

According to one opinion Elimelekh, Mahlon, and Chilion died as a punishment for leaving the Land of Israel. “that even in the case of one who has the merit of his ancestors to protect him, this merit does not stand for him when he leaves Eretz Yisrael to go outside of Eretz Yisrael, as Elimelech died on account of this sin.” (Sefaria.org translation)

According to another opinion, as leaders they should not have abandoned  the Jewish people in their hour of need. In a midrash somewhere else, Elimelekh was rich enough to support the starving populace, but didn’t want to share his fortune. On our daf, he didn’t want to pray on behalf of his brethren.  “Rav Ḥiyya bar Avin says that Rabbi Yehoshua ben Korḥa says: Heaven forfend that they sinned in this manner, as if Elimelech and his sons had found even bran they would not have left Eretz Yisrael. But rather, for what reason were they punished? They were punished because they should have requested mercy of God for their generation, and they did not request this, as it is stated: “When you cry, let those you have gathered deliver you” (Isaiah 57:13).”

There is no doubt that life is difficult at times in Israel. Nevertheless, the rabbis always encouraged those who live there to remain in those who live in the Diaspora to make Aliyah. Our connection to Israel is long and deep.

We pray for the peace of Jerusalem and the Jewish people.

Reputable and disreputable market practices TB Baba Batra 90

After describing the different dry and liquid measurements, on today’s daf TB Baba Batra 90 Shmuel teaches how much of a change is permissible. “Shmuel says: If the residents of a certain place want to change the standard of their measures and augment them by a certain fraction, they may not increase the measures by more than one-sixth, and they may not increase the value of a coin by more than one-sixth of its previous value. And one who profits from his sales may not profit by more than one-sixth. ” (Sefaria.org translation)

Concerning profits, Rambam only limits staples to the one-sixth rule. “When does the above apply? With regard to articles on which our lives depend - e.g., wine, oil and fine flour. With regard to herbs - e.g., costus, frankincense, and the like - by contrast, a set limit is not established by the court. The seller may take any measure of profit he desires.” (Mishneh Torah, Hilkhot Sales, Chapter 14, Halakha 2, Sefaria.org translation) You may wonder why wine is considered an essential  staple like flour and oil. Back then, much of the drinking water was not safe for drinking. The same water source was used for bathing and cleaning. It was chock-full of germs. On the other hand, wine was safe to drink and served at most meals.

The Gemara condemns some disreputable market practices. “The Sages taught: Hoarders of produce, who drive up prices by causing a shortage of available goods, and usurers, and those sellers who falsely reduce their measures, and those who raise market prices by selling for more than the accepted price, about them the verse states: “You that would swallow the needy and destroy the poor of the land, saying: When will the new moon be gone, that we may sell produce? And the Shabbat, that we may set forth grain? Making the measure small, and the shekel great, and falsifying the balances of deceit” (Amos 8:4–5). And it is written: “The Lord has sworn by the pride of Jacob: Surely I will never forget any of their works” (Amos 8:7).” (Sefaria.org translation)

Too bad too many of us don’t live up to the honesty standard God has given us. “It's discouraging to think how many people are shocked by honesty and how few by deceit.”― Noël Coward, Blithe Spirit

 

Honest weights TB Baba Batra 89

 Honest weights TB Baba Batra 89Some butchers have a bad reputation when weighing their meat. Some are accused of placing a hidden heavy thumb on the scale and others hide useless bones under the meat to cheat the customer. These butchers need to review today’s daf TB Baba Batra 89 because it emphasizes the importance of honest weights.

“The Sages taught: One may not prepare weights of tin [ba’atz], nor of lead, nor of a metal alloy [gisteron], nor of any other types of metal, because all of these deteriorate over time and the buyer will ultimately pay for more merchandise than he receives. But one may prepare weights of hard rock and of glass…

“The Sages taught: “You shall do no unrighteousness in judgment, in measure [bammidda], in weight, or in measure [uvamesura]” (Leviticus 19:35)… “In weight” means that one may not cover his weights in salt, as salt erodes the weights, causing a loss for the buyer. “Or in measure [bamesura]” means that one may not cause liquid he is measuring to foam by pouring it speedily, as this results in a loss for the buyer, who receives less of the liquid than the amount for which he paid…

“Rav Yehuda says that Rav says: It is prohibited for a person to keep in his house a measure that is too small or too large than its supposed volume or weight, and this is the case even if he does not measure with it but simply uses it as a chamber pot for urine… The Gemara comments: one is never permitted to keep incorrect measures in his house, as sometimes it happens that one measures at twilight, when people are hurried, and consequently it happens that the buyer takes the merchandise despite the fact that it was measured with an incorrect measure. This is also taught in a baraita: A person may not keep in his house a measure that is too small or too large, even if it is used as a chamber pot for urine.” (Sefaria.org translation)

After studying yesterday’s and today’s dappim on Jewish business ethics, we shouldn’t be surprised in the confessional, Al Khat (על חטא) that at least three Al Khats confess sins concerning our business dealings.

 

We have sinned against You by defrauding others.

We have sinned against You through denial and deceit.

We have sinned against You by the way we do business.

 

Remember there are only 20 more days to do teshuvah, repentance, before Yom Kippur! Our tradition teaches us not to wait until the last minute or the opportunity may pass you by.

 

What’s worse, dishonest business practices or forbidden sexual relations? TB Baba Batra 88

 According to Rava when a person dies he/she is asked five questions to gain entry in the world to come. “Rava said: After departing from this world, when a person is brought to judgment for the life he lived in this world, they say to him in the order of that verse: Did you conduct business faithfully? Did you designate times for Torah study? Did you engage in procreation? Did you await salvation? Did you engage in the dialectics of wisdom or understand one matter from another?” (Shabbat 31a, Sefaria.org translation)

Rabbi Telushkin in the Appendix B in his book Jewish Wisdom, (1994) writes:

“Note that the first question asked in heaven is not ‘Did you believe in God?’ or ‘Did you observe all the rituals?’ but ‘We’re you honest in business?’ Unfortunately, despite many texts that insist on the primacy of ethics, most Jews associate being religious solely with observing rituals. Throughout the Jewish community, when one asks ‘Is so-and-so a religious Jew?’ the response invariably is based on the person’s observance of ritual laws: ‘He (or she) keeps kosher, and observes the Sabbath; he is religious’, ‘She does not keep kosher or observe the Sabbath; she is not religious’.

“From such responses, one could easily conclude that Judaism regards ethical behavior as an “extracurricular activity”, something desirable but not essential.

“The above passage unequivocally asserts that ethics is at Judaism’s core; God’s first concern is with a person’s decency.”(https://www.sefaria.org/sheets/564079.6?lang=bi&p2=Shabbat.31a.11&lang2=bi&w2=all&lang3=en)

TB Baba Batra 88 emphasizes the importance of honesty in business by comparing it to sexual immorality.

“§ Rabbi Levi says: The punishment for using false measures is more severe than the punishment for transgressing the prohibition of forbidden sexual relations. As in that case, forbidden relations, it is stated with regard to them a shortened term for the word “these”: “El,” in the verse: “For all these [el ] abominations” (Leviticus 18:27). And in this case, false measures, it is stated an expanded term for the word “these”: “Elleh,” in the verse: “For all that do these [elleh] things, even all that do unrighteously, are an abomination unto the Lord your God” (Deuteronomy 25:16). And from where may it be inferred that this expression “el” indicates that the prohibition is severe, based on which it is understood that the form this word takes indicates a level of severity? As it is written: “And the mighty [eilei] of the land he took away” (Ezekiel 17:13).

The Gemara asks: But with regard to forbidden relations isn’t it also written: “For whosoever shall do any of these [elleh] abominations” (Leviticus 18:29)? If so, why is the punishment for using false measures considered harsher? The Gemara answers: That expression of “elleh” (Leviticus 18:29) in the context of forbidden relations does not serve to emphasize its severity. Rather, it serves to exclude one who uses deception in measures from the penalty of excision from the World-to-Come [karet].

“And Rabbi Levi says: Robbing an ordinary person is more severe than robbing the Most High, i.e., taking consecrated property. As with regard to this regular robber, the verse states “sin” before “me’ila”: “If any one sin, and commit a trespass [me’ila] against the Lord, and deal falsely with his neighbor in a matter of deposit, or of pledge, or of robbery, or have oppressed his neighbor” (Leviticus 5:21). And with regard to that one who misuses consecrated items, the verse states me’ila before sin: “If any one engages in misuse [timol ma’al] and sins unwittingly” (Leviticus 5:15).

“The Gemara asks: But if the punishment is in fact less severe, what is the advantage, i.e., the greater severity, in the case of false measures? The Gemara answers that there, in the case of one who engages in forbidden relations, he has the possibility of repentance. But here, in the case of one who uses false measures, there is no possibility of repentance because he has no way of knowing whom he cheated, and is therefore unable to return the stolen money.”

Honesty should be one of the most important measuring sticks when you’re deciding who to vote for in the upcoming presidential election. For me, the choice is clear.

 

 

God is patiently waiting to bless us #Kitavoparashathashuva#devartorah

Those who have ever commuted to the City on the LIRR are familiar with this scene like this. While on the platform, the conductor scanned the area for stragglers. A woman with wet hair bounded from the parking lot and up into the train. Then, a man in a dark suit strode to the platform and climbed aboard. The conductor waited patiently while several more late-comers sprinted to the tracks and boarded at the last moment.

Just as the conductor was patient with people boarding the train, God patiently waits for people to come return to Him and actualize the very best vision of themselves. Isaiah says, “Truly the Lord is waiting to show you grace, truly He will arise to pardon you. For the Lord is a God of justice; happy are all who wait for Him.” (Is. 30:18)  What a powerful message for us during the month of Elul as we prepare our hearts and souls for these Days of Awe. God is waiting for us to turn back to Him.

 Over and over again on the High Holidays we shall sing “Adonai, Adonai, El Rachum veChanun The Lord is ever present, all-merciful, gracious, compassionate, patient, abounding in kindness and faithfulness, treasuring up love for a thousand generations, forgiving iniquity, transgression and sin, and pardoning the penitent.” If you have delayed deciding to do teshuva, repentance, there is good news—it’s never too late to return back to the Ribbono shel Olam. He is calling to us now so that He may bless us with all the blessings found in this week’s Torah portion, Ki Tavo. Why wouldn’t you run in His direction and keep Him waiting no longer?!

 

 

When does my basket effect acquisition? TB Baba Batra 84-86

The Mishnah on daf TB Baba Batra 84 reopens the topic when a person acquires an object. Obviously before the item is sold, both the seller and the buyer have to have the same mind about the object. The seller wants to sell it and the buyer wants to buy it. Nevertheless, handing over the money of the agreed purchase price is insufficient for the buyer to actually acquire the item. The buyer has to do an act of acquisition.

“This mishna discusses several methods of acquiring movable property. With regard to one who sells produce to another, if the buyer pulled the produce but did not measure it, he has acquired the produce through the act of acquisition of pulling. If he measured the produce but did not pull it, he has not acquired it, and either the seller or the buyer can decide to rescind the sale. If the buyer is perspicacious and wants to acquire the produce without having to pull it, and he wishes to do so before the seller could change his mind and decide not to sell, he rents its place, where the produce is located, and his property immediately effects acquisition of the produce on his behalf.” (TB Baba Batra 84b, Sefaria.org translation)

Because this Mishna is too vague, the Gemara litigates where the selling takes place and when the buyer’s vessel acquires the produce. First of all, everybody agrees that when the transaction happens in the public domain, the buyer’s vessel doesn’t automatically acquire the item that is put into it. “A person’s vessels effect acquisition of any item placed inside them for him, in any place in which they are situated, except for the public domain.” (TB Baba Batra 85a, Sefaria.org translation) Rashbam explains that the basket in the public domain creates a public hazard as people may trip over it; consequently, it has no right to be there.

When the buyer’s basket is in a neutral territory like an alleyway or court your where neither the buyer nor the seller own, the buyer’s vessel effects the acquisition of the goods. “Rabbi Asi says that Rabbi Yoḥanan says: If the seller measured the produce and placed it in an alleyway, which is not the public domain but a location where people can keep their belongings, then even if the buyer did not pull the produce, he acquires it..” (TB Baba Batra 84b, Sefaria.org translation) Rashbam explains the buyer can temporarily acquire the land upon which the basket sits and that spot acts like a kinyan khazarot (קנין חצרות).

Obviously when the buyer’s basket is in the buyer’s domain, the items in the basket belong to the buyer.

What happens when the buyer’s basket is in the seller’s domain? This question is never definitively answered. One position asserts that my vessel actually can acquire the items put in it even in the seller’s domain. The other position argues that the vessel status becomes subsumed or nullified by the larger sellers domain. Halkhically, it is as if not my vessel at all. The only time the buyer’s vessel can definitely acquire the items put into it in the sellers domain is when the seller says, “Go and acquire it.” “Ravina said to Rav Ashi: Come and hear a resolution, as Rav and Shmuel both say: A person’s vessel effects acquisition for him of any item placed inside it, in any place that it is situated. What is added by the phrase: In any place? Does it not serve to add the domain of the seller? Rav Ashi answered: There, it is referring to a specific case, where the seller said to him: Go and acquire it. In that situation, the buyer does acquire the merchandise. This does not refer to a standard case where the buyer’s vessels are located in the domain of the seller.” (Sefaria.org translation)

The Gemara goes on to teach us other rules of acquisition. “§ We learned in a mishna elsewhere (Kiddushin 26a): Property that is guaranteed, i.e., land, is acquired by means of money, or by means of a bill, or by taking possession of it. And property that does not have a guarantee, i.e., movable property, can be acquired only by means of pulling. In Sura they taught this following halakha in the name of Rav Ḥisda, while in Pumbedita they taught it in the name of Rav Kahana, and some say in the name of Rava: They taught that movable property is acquired by means of pulling only with regard to items that are not typically lifted due to their weight or for some other reason. But in the case of items that are typically lifted, then yes, they are acquired by means of lifting, but they are not acquired by means of pulling.” (Sefari.org translation)

The rabbis made an exception with small domesticated animals. You might think that small domesticated animals need to be lifted in order to acquire them. “Domesticated animals are different, as they cling to the ground and it is difficult to lift them. Therefore, the usual manner of moving animals is to pull them.” (Sefaria.org translation) Because these animals are difficult to hold even though they are light enough to pick up, the rabbis decreed leniently a person may acquire them through pulling.

 

The sun reminds us whether this world of ours is heaven or hell TB Baba Batra 84

The Mishnah on daf TB Baba Batra 83b teaches when both the seller and the buyer have the opportunity to invalidate a sale because the negotiated item wasn’t the item received. “If the seller sold reddish-brown wheat and it is found to be white, or white wheat and it is found to be reddish-brown (שְׁחַמְתִּית-shekhamtit), and similarly, if he sold olive wood and it is found to be wood of a sycamore, or he sold wood of a sycamore and it is found to be wood of an olive tree, or if the seller sold him wine and it is found to be vinegar, or vinegar and it is found to be wine, in all of these cases both the seller and the buyer can renege on the sale. Since the sale was for a different item than that which was delivered, the transaction can be nullified even if there was no mistake with regard to the price.” (Sefaria.org translation)

Because one of the varieties of wheat is reddish-brown, the Gemara goes off on today’s daf TB Baba Batra 84 on a tangent what color is the sun. Embedded in the word שְׁחַמְתִּית-shekhamtit is the Hebrew word for sun, חָמָה-khama; consequently, the sun’s actual color is red. The Gemara explains why the sun appears white (yellow) during the daytime.

“Rav Pappa said: From the fact that the mishna teaches: White, in contrast to sheḥamtit, and there are two types of wheat, one white and the other red, conclude from the mishna that this sun is red, not white. Know that this is the case, as it reddens in the morning and evening. And the reason that we do not see the red color all day is because our eyesight is not strong and we cannot discern the redness of the sun.” (Sefaria.org translation)

For those who hold that the sun’s color is white (yellow) explain why the sun appears red at sunrise and sunset. “In the morning it becomes red as it passes over the site of the roses of the Garden of Eden, whose reflections give the light a red hue. In the evening the sun turns red because it passes over the entrance of Gehenna (hell-gg), whose fires redden the light.” (Sefaria.org translation)

I like to understand this explanation metaphorically. Each new day we can choose to remake our world into a Garden of Eden by our words and actions. As night false, the red sun makes us reflect whether the world is closer to the Garden of Eden or Gehenna by the we lived the day that has just ended.

If you really want to know why the sun is red go to https://www.talmudology.com/ and read the newest installment Bava Basra 84a ~ “Why are Sunsets Red?” asked the Rabbi and the Scientist.

 

Some qualities of a tsaddik, a righteous person TB Baba Batra 80

 Today’s daf TB Baba Batra 80 talks about tree farming, also known as arboriculture which is the cultivation of trees for timber production.

“The mishna teaches: If one buys olive trees for felling, he must leave two shoots from the tree. The Sages taught: One who buys a tree from another for felling must cut the tree one handbreadth above the ground, to allow the tree to grow again. In the case of an untrimmed sycamore, he must cut the tree a minimum of three handbreadths above the ground, and with regard to a large sycamore, which has strong roots because the sycamore has been cut down once already, he must cut the tree a minimum of two handbreadths above the ground. In the case of reeds or of vines, he may cut only from the knot and above, so that they will grow back. In the cases of palm and of cedar trees, he may dig down and uproot them, because their trunks do not replenish themselves after they are cut down, and therefore there is no reason to leave anything behind.” (Sefaria.org translation)

Allowing a tree to regenerate makes a lot of sense. This past summer Judy and I visited the Smoky Mountains in Tennessee. The forest covering some of these mountains were deforested and now nothing can grow there anymore.

The Gemara questions whether palm trees and cedar trees do not regenerate based on a verse in Psalm 92. In doing so the Gemara goes on a short discussion about the qualities of a righteous person.

“The baraita teaches: In the case of palm and cedar trees, a buyer may dig down and uproot them, because their trunks do not replenish themselves after being cut down. The Gemara asks: And is it correct with regard to a cedar that its trunk does not replenish itself? But didn’t Rabbi Ḥiyya bar Lulyani teach: What is the meaning of that which is written: “The righteous shall flourish like the palm tree; he shall grow like a cedar in Lebanon” (Psalms 92:13)? If “palm tree” is stated, why is “cedar” stated? And if “cedar” is stated, why is “palm tree” stated? What is added by this double comparison?

“Rabbi Ḥiyya bar Lulyani explains: Had the verse stated only “cedar” and had not stated “palm tree,” I would have said that just as a cedar does not produce fruit, so too, a righteous person does not produce fruit, i.e., he will have no reward in the World-to-Come. Therefore, it is stated: “Palm tree,” which is a fruit-bearing tree.

“And had the verse stated only “palm tree” and had not stated “cedar,” I would have said that just as with regard to a palm tree its trunk does not replenish itself after being cut down, so too, in the case of a righteous person, his trunk does not replenish itself, i.e., he will be unable to recover from misfortune. Therefore, it is stated: “Cedar,” to indicate that just as the trunk of the cedar replenishes itself, so too, the righteous will thrive again. This demonstrates that the trunk of a cedar does grow again.” (Sefaria.org translation)

Rabbi Art Green in his book Well of Living Insight: Comments on the Siddur describes another quality of a tsaddik, a righteous person. “Notice how the palm tree grows. Unlike any other tree, each new branch comes out from the very center, not from the far edge. The  tsaddik is such a person, turning deeply inward and in each new moment of growth, always seeing that every act of reaching outward must come directly from the deepest inner place. (Page 197)

Alyssa Grey expands this verse to refer to all of Israel. “Israel can be compared to a date tree (Midrash T’hillim 92:11). Both are organic wholes consisting of various parts-some sacred, some not, but all of them equally necessary. A date tree’s branches and fibers are used to make a lulav and sukkah on Sukkot. But it’s trunk is good for firewood. So too, some Jews are scholars (b’nei Torah), like the parts of the date tree that are useful for Sukkot. Others are ordinary folk who perform acts of lovingkindness (g’melut chassadim), like the trunk of the date palm, from which firewood is derived.) My People’s Prayer Book: Traditional Prayers, Modern Commentaries, volume 8, Kabbalat Shabbat, edited by Rabbi Lawrence A. Hoffman, Jewish Lights publishing, page 145-6.

 

 

 

“Who is our greatest enemy? It’s the yetzer hara, the evil inclination. #Ki Tetze#devartorah#parashathashavua

A few years before he became the 26th U.S. president (1901–1909), Theodore Roosevelt got word that his oldest son, Theodore Jr., was ill. While his son would recover, the cause of Ted’s illness hit Roosevelt hard. Doctors told him that he was the cause of his son’s illness. Ted was suffering from “nervous exhaustion,” having been pressed unmercifully by Theodore to become the “fighter” hero-type he himself had not been during his own frail childhood. Upon hearing this, the elder Roosevelt made a promise to relent: “Hereafter I shall never press Ted either in body or mind.”

The father was true to his word. From then on he paid close attention to how he treated his son—the very same son who would one day bravely lead the landing of Allied soldiers on Utah Beach in World War II. 

This week’s Torah portion, Ki Tetzei begins with a law defining minimum appropriate behavior of soldiers vis a vis women civilians.  “When you take the field against your enemies…and you take some of them captives and you see among the captives a beautiful woman and you would take her to wife…she shall trim her hair, pare her nails, and discard her captive’s garb. She shall spend a month’s time in your house lamenting her father and mother; after that you may come to her…;” (Dt. 21:10-13)

The Ba’al Shem Tov, the founder the modern Hasidic movement, interprets this verse for us differently as we prepare ourselves for the upcoming High Holidays.    He asks: “Who is our greatest enemy?   His answer: it’s the yetzer hara, the evil inclination. We must battle it with the same amount of cunning, strategy, and determination that we would channel against a mortal enemy.”

God has entrusted each of us with influence in the lives of others. We have a deep responsibility in those relationships, not only to spouses and children, but to friends, employees, and customers. The yetzer hara tempts us to press too hard, to demand too much, to force progress, or to orchestrate success and this can lead us to harm others even when we don’t realize it.  

As we approach the High Holidays trying to become the people we truly want to be in this New Year, know that we can succeed in all these worthy endeavors for the Torah emphasizes ultimate victory over our yetzer hara as it is written: “and the Lord your God delivers them into your power….” (Dt. 21:10)

A timely Elul lesson TB Baba Batra 78

 Throughout the Jewish calendar time is set aside for meaningful introspection. We are now in the month of  Elul. “Elul is a time of repentance and introspection in preparation for the High Holy Days of Rosh Hashanah and Yom Kippur. This period is known as teshuvah, which means returning to a clean state’ or ‘forgiveness’” (https://www.jewishindianapolis.org/elul#:~:text=As%20Elul%20is%20the%20last,time%20for%20Teshuva%20and%20introspection.)

“Jewish tradition points to the name of the month as symbolically appropriate — the letters of Elul form an acronym for the words in the verse Ani le‑dodi ve‑dodi li–“I am my beloved’s and my beloved is mine” (Song of Songs 6:3) . Believing that the “beloved” refers to God, the sages take this verse to describe the particularly loving and close relationship between God and Israel. Elul, then, is our time to establish this closeness so that we can approach the Yamim Noraim, or Days of Awe, in trusting acceptance of God’s judgment. We approach the trial not out of fear, but out of love.” (Rabbi Reuvan Hammer, Entering the High Holy Days, published by the Jewish Publication Society.)

Moses and the Israelites defeated Sihon who  would not allow the Israelites to pass through his land to reach the promised land and furthermore went to war against them. (Numbers 21:23-26) Immediately afterwards the Torah recounts in poetry how Sihon defeated the Amorites. What does this have to do with the Israelites battling Sihon? These verses cry out to be interpreted. I don’t believe in coincidences. Just in time today’s daf TB Baba Batra 78 teaches us important musar how we should live our lives as we approach our High Holidays.

“The Gemara cites a related discussion. Rabbi Shmuel bar Naḥman says that Rabbi Yoḥanan says: What is the meaning of that which is written: “Therefore they that speak in parables [hamoshlim] say: Come to Heshbon! Let the city [ir] of Sihon be built and established! For a fire is gone out of Heshbon, a flame from the city of Sihon; it has devoured Ar of Moab, the lords of the high places of Arnon” (Numbers 21:27–28)?

"The Gemara interprets these verses homiletically. “Hamoshlim”; these are the people who rule over [hamoshlim] their evil inclination. They will say: “Come to Heshbon,” meaning: Come and let us calculate the account of [ḥeshbono] the world, i.e., the financial loss incurred by the fulfillment of a mitzva in contrast to its reward, and the reward for committing a transgression, i.e., the pleasure and gain received, in contrast to the loss it entails.

“Let it be built and established” means that if you make this calculation, you will be built in this world and you will be established in the World-to-Come. The phrase “city [ir] of Sihon” means that if a person fashions himself like this young donkey [ayir] that follows after pleasant talk [siḥa], i.e., if one is easily tempted to listen to his inclination, what is written after it? “For a fire is gone out of Heshbon…it has devoured,” i.e., a fire will go out from those who calculate the effect of their deeds in the world, and will consume those who do not calculate and examine their ways but instead do as they please.

“A similar interpretation applies to the continuation of the verse: “A flame from the city of Sihon”; this means that a flame will come from the city of righteous people, who are called trees [siḥin]. “It has devoured Ar of Moab”; this is referring to one who follows after his inclination like this young donkey [ayir] that follows after pleasant talk. “The lords of the high places of Arnon”; this is referring to the arrogant. As the Master says: Every person who has arrogance in him will fall into Gehenna (Hell-gg).

“The Gemara interprets a subsequent verse: “We have shot at them [vanniram], Heshbon is perished, even until Dibon, and we have laid waste even until Nophah, which reaches until Medeba” (Numbers 21:30). “Vanniram”; this indicates that the wicked person says: There is no higher [ein ram] power governing the world. “Heshbon is perished” means: The account [ḥeshbon] of the world has perished, i.e., they claim there is no accountability for one’s actions. “Even until Dibon [divon]”; the Holy One, Blessed be He, says: Wait until judgment comes [yavo din]. “And we have laid waste even until Nophah,” meaning until the fire comes that does not require fanning [nippuaḥ], i.e., the fire of Gehenna, which will consume them. “Until Medeba [Medeva]”; this means until their souls are pained [tadiv]. And some say an alternative explanation: It means until God does what He wishes [mai deva’ei] with them and punishes them as they deserve.” (Sefaria.org translation)

 

The first happy day for boat owner’s life TB Baba Batra 76

I’m told that the two happiest days in a boat owner’s life are the day he buys it and the day he sells it. Today’s daf TB Baba Batra 76 discusses how one acquires a boat. A boat is considered a movable object; consequently, a document will not do the job because a document can only acquire land. Neither can cash acquire the boat for cash only works in betrothing a woman. That leaves pulling, meshikha-מְשִׁיכָה, a significant length, passing, mesira-מְסִירָה, taking possession and moving it ever so slightly, or lifting it, hagbaha-הַגְבָּהָה, which can acquire anything.

The Gemara points out a seemingly contradiction. In one baraita Rabbi Yehuda HaNasi says one needs meshikha to acquire the boat and in another it seems that he holds that mesira is effective. The Gemara sounds the contradiction by saying that the boat is in two different locations.

“The Gemara answers: This is not difficult; here, where Rabbi Yehuda HaNasi states that a ship is acquired through passing, he is referring to a ship situated in the public domain. Since a ship in the public domain cannot be acquired through pulling, which must be performed in a domain that is in one’s possession, it is acquired through passing. By contrast, there, in the first baraita, the ship is situated in an alleyway [simta], which is not the public domain, as both parties have the right to keep their possessions there. A ship in this location must be acquired through pulling.” (Sefaria.org translation)

Rashbam explain that meshikha is about moving the item into the person’s domain while mesira doesn’t require moving into the person’s domain. Nevertheless, once meshikha becomes an option, mesira is off the table. In this case only meshikha works to acquire the boat. Rebbeinu Tam argues that mesira is always the preferable method because it involves the acquiescence of the seller as well as the buyer. Most Rishonim hold that the person must use the preferable method of acquiring the object which is meshikha.

According to the Rambam since is impossible to lift up the boat and dragging the boat is hard work, the boat may be acquired via mesira., Mesira only works in the public domain or a courtyard and doesn’t belong to either, but meshikha effects acquisition in an alleyway or in a courtyard that belongs to both of the parties; and lifting effects acquisition in every place, even in the seller’s domain.

.

The antidote to jealousy TB Baba Batra 75

 Even in  Olam Haba, the next world, daf TB Baba Batra 75 teaches that our human nature is hard to change. Petty emotions still rule over the individual. Even the righteous are not immune.

“And Rabba says that Rabbi Yoḥanan says: In the future, the Holy One, Blessed be He, will fashion seven canopies for each and every righteous individual, as it is stated: “And the Lord will create over the whole habitation of Mount Zion, and over those who are invited to it, a cloud and smoke by day, and the shining of a flaming fire by night; for over all the glory shall be a canopy” (Isaiah 4:5). This teaches that for each and every righteous individual, the Holy One, Blessed be He, fashions for him a canopy seven times over, in accordance with his honor, i.e., greater individuals receive grander and larger canopies.

The Gemara asks a question with regard to the above verse: Why should there be smoke in a canopy? Rabbi Ḥanina said: It is because anyone whose eyes are narrow, i.e., is stingy, toward Torah scholars in this world, his eyes fill with smoke in the World-to-Come. And why should there be fire in a canopy? Rabbi Ḥanina said: This teaches that each and every one is burned from embarrassment at the size of the canopy of the other, and says: Woe for this embarrassment, woe for this disgrace, that I did not merit a canopy as large as his.” (Sefaria.org translation)

The antidote to jealousy is the observance of the mitzvah “Love neighbor as yourself: I am YHVH” Leviticus (19:18)  the difficulty of fulfilling this commandment lies in the fact that most people are inclined to be jealous of others. “When they hear about someone’s good fortune (for example, he became wealthy or received great honor), their jealousy is aroused and prevents them from being sincerely happy. Therefore, it is extremely important for person to work on rectifying his trait of jealousy…

A person who fulfills this commandment will not be jealous of the good fortunes of others. (Ramban, commentary) That idea has been expressed that the meaning of ‘as yourself’ in this verse refers to the type of fellow man. It is not difficult to befriend and love a person who far exceeds you and wealth and prestige. In the same way, if a person is of a far lower status, you would show warmth to him out of pity. However, the Torah requires you to befriend a fellow man who is ‘as yourself,’ have the same social and financial status. You must overcome any feelings of competition or jealousy and show sincere friendship even in this case (Likutai Dovid, p. 27; see Lekutai Basar Lukutai, on this verse) Love Your Neighbor by Rabbi Zelig Pliskin, page 301, 309.

Just as we depend upon God, God depends upon us TB Baba Batra 74

We hear very often how much we depend upon God and it’s true. But we don’t learn how much God depends upon us to fulfill His plans and desires. The following story on God’s impotence, so to speak, to redeem the Jewish people without us to doing our share of the work.

“Rabba bar bar Ḥana continues his account. That Arab also said to me: Come, I will show you Mount Sinai. I went and saw that scorpions were encircling it, and they were standing as high as white donkeys. I heard a Divine Voice saying: Woe is Me that I took an oath; and now that I took the oath, who will nullify it for me?

When I came before the Sages, they said to me in rebuke: Every Abba is a donkey, and every bar bar Ḥana is an idiot. You should have said: Your oath is nullified. The Gemara explains: And Rabba bar bar Ḥana did not nullify the oath because he reasoned: Perhaps God is referring to the oath that He will not flood the earth again. But the Sages would argue that if that were so, why say: Woe is Me? Rather, this must be referring to God’s oath of exile upon the Jewish people.” (Sefaria.org translation)  

This is not the first time God regrets one of His actions. Before God called upon Noah to build the ark, the Torah records: “YHVH saw how great was human wickedness on earth—how every plan devised by the human mind was nothing but evil all the time. And YHVH regretted having made humankind on earth. With a sorrowful heart, YHVH said, “I will blot out from the earth humankind whom I created—humans together with beasts, creeping things, and birds of the sky; for I regret that I made them.” (Genesis 6:5-7) God needed Noah in His second attempt to create the world anew.

Judaism has always understood the power of words. Even when God takes an oath, He must fulfill it. He needed a Sage like Rabba to nullify His oath exiling the Jewish people. Rabba, whose full name was Rabbi Abba bar bar Hana, understood sometimes when you want to help, you make things even worse. He was afraid that the oath that God was referring to was the oath not to destroy the world with flood waters again. Perhaps God was so angry at humankind again, and wished to destroy the world again. Rabba certainly didn’t want to nullify that oath.

The rabbis deride him for being overly cautious and not listening carefully. God is lamenting about the existential state of the Jewish people in exile. God needs us to further along the redemption process. Rabba missed his opportunity and I think the Gemara is trying to teach us that we shouldn’t miss ours. We are idiots if we just sit him on our behinds, do nothing, and wait for God to redeem us.

 

Even when justice is delayed, God’s love will never fail us #Shoftim#parashathashavua#devartorah

For years, many believed the fire began when the cow knocked over a lantern left burning in a shed. After further investigation—126 years later—the city’s Committee on Police and Fire passed a resolution exonerating the cow and her owners and suggesting the activities of a neighbor warranted scrutiny.

This week’s Torah portion Shoftim is devoted almost entirely to the theme of justice. The Torah commands: “Justice, justice shall you pursue, that you may thrive and occupy the land that the Lord your God is giving you.” (Dt. 16:20) The Etz Hayyim commentary below the line teaches us: “The term ‘pursue’ carries strong connotations of effort, eagerness. This implies more than merely respecting her following justice; we must actively pursue it (Heschel)” (page 1088) We need to pursue justice no matter how long it takes.

Justice often takes time, and Scripture acknowledges how difficult that can be. The refrain, “How long?” is repeated four times in Psalm 13: “How long, Lord? Will you forget me forever? How long will you hide your face from me? How long must I wrestle with my thoughts and day after day have sorrow in my heart? How long will my enemy triumph over me?” (vv. 1–2). But in the middle of his lament, David finds reason for faith and hope: “But I trust in your unfailing love; my heart rejoices in your salvation” (v. 5).

Even when justice is delayed, God’s love will never fail us. We can trust and rest in Him not just for the moment but for eternity.

 

A fishy story TB Baba Batra 73

Daf TB Baba Batra 73 begins three pages of Aggadah. Rashbam comments that these difficult Aggadot serve three purposes.1, They teach us “How great are the works of the Lord-מַה גָּדְלוּ מַעֲשיךָ ה' (Ps. 92:5); 2, they teach us about the reward that the righteous will receive in the world to come; and 3, they explained difficult verses in the book of Job.

 Here is just but one example that I think we should not understand literally. “And Rabba bar bar Ḥana said: Once we were traveling in a ship and we saw a certain fish in whose nostril [be’usyeih] a mud eater [akhla tina], i.e., a type of insect, had sat and killed him. And the waters thrust the fish and threw it upon the shore. And sixty districts were destroyed by the fish, and sixty districts ate from it, and another sixty districts salted its meat to preserve it. And they filled from one of its eyeballs three hundred flasks of oil. And when we returned there after the twelve months of the year had passed, we saw that they were cutting beams from its bones, and they had set out to build those districts that had been destroyed.” (Sefaria.org translation)

When we lived in Springfield, Massachusetts, we had a fish tank in the playroom. When the fish tank needed cleaning, Judy filled the bathtub with water and transferred the fish there so they could feel that they were swimming in the ocean once again. Even in my relatively small fish tank, the variety of fish and their colors were awesome. I used to like to daven in front of the fish tank because God’s great works aided my kavvanah, intention.