What it means to be holy #Mattot-massai#devartorah#parashathashavua

Murder is one of the most heinous sins in the Torah because each human being is unique and created in God’s image.  In this week’s Torah portion Mattot-Massai, God warns us, “You shall not pollute the land in which you live, for blood pollutes the land.” (Nu 35: 33) God holds us and the land of Israel to a higher standard.  The Etz Hayyim commentary below the line teaches “Just as one may not enter the sanctuary in a condition of impurity because the sanctuary is a holy place, one cannot live in the land of Israel in a condition of moral impurity because the land is consecrated to holy living.”  (page 965)

No matter where we Jews live whether in Israel or in the Diaspora, we are commanded to be holy as it is written “You shall be holy, for I, the Lord your God, am holy.” (Lev. 19:2) Our High Holiday prayer book (Machzor Hadash) has an inspirational reading reminding us what it means to be holy.

“There is holiness when we strive to be true to the best we know.

There is holiness when we are kind to someone who cannot possibly be of service to us.

There is holiness when we promote family harmony.

There is holiness when we forget what divides us and remember what unifies us.

There is holiness when we are willing to be laughed at for what we believe in.

There is holiness when we love-truly, honestly, and unselfishly

There is holiness when we remember the lonely and bring cheer into a dark corner.

There is holiness when we share-our bread, our ideas, our enthusiasms.

There is holiness when we gather to pray to One who gave us the power to pray.” (page 617)

In two weeks we shall gather to mourn the destructions of the First and Second on Tisha B’Av (August 12 and 13).  The Temples were destroyed and we were exiled from our homeland because we failed to live up to our vision of a holy life.  What better time than now to rededicate ourselves to holy living! In fact, by consecrating our lives to such a noble way of life, we shall have a jump start preparing our hearts and souls for our High Holidays.

 

 

 

 

Is it protest worthy? TB Baba Batra 36

 Someone squatting on another person’s land for three or more years doesn’t prove ownership. That person has to establish some kind of claim (ta’ana-טענה) like I bought the property, I inherited the property, or I receive the property as a gift and he must use it during those three years. Next the original owner has to protest (makha-ah-מחאה) sometime during those three years to invalidate the claim. Today’s daf TB Baba Batra 36 teaches that the land has to be worthy of protestation for the presumption ownership, hazakah-חזקה, to work. If the land is not protest worthy, there is no hazakah.

“And Rav Yehuda says: With regard to one who profited from the land by consuming produce from the first three years after it was planted [orla], during which time one is prohibited from deriving benefit from the produce, this conduct is not sufficient to establish the presumption of ownership. This is also taught in a baraita: With regard to one who profited from the land by consuming orla produce, or profited from the land by consuming produce of the Sabbatical Year, or consumed produce that was prohibited as it was of diverse kinds, this conduct is not sufficient to establish the presumption of ownership.” (Sefaria.org translation) Since no one is allowed to eat orla produce, or profited from the land by consuming produce of the Sabbatical Year, or consumed produce that was prohibited as it was of diverse kinds, the original owner doesn’t feel the need to protest; consequently, this conduct is insufficient to establish presumptive ownership.”

Here is another example. “Rav Naḥman says: Consumption of produce of land that is fissured is not sufficient to establish the presumption of ownership. This is due to the fact that produce does not grow well there, and therefore, owners do not bother to protest if a trespasser uses the land. Therefore, their silence should not be understood as an admission that it belongs to the possessor. Similarly, consumption of produce of land where one expends a kor of seed to sow and retrieves a kor of produce when harvesting it, is not sufficient to establish the presumption of ownership. Here, too, the owners do not bother to protest, as the land is of inferior quality.” (Sefaria.org translation) In other words, this land is not protest worthy.

Dappim TB Baba Batra 34- 35 identifies three ways of resolving disputed money.

Dappim TB Baba Batra 34- 35 identifies three ways of resolving disputed money.

1.  כֹּל דְּאַלִּים גָּבַר “There was an incident where two people dispute the ownership of property. This one says: It belonged to my ancestors and I inherited it from them, and that one says: It belonged to my ancestors and I inherited it from them. There was neither evidence nor presumptive ownership for either litigant. Rav Naḥman said: Whoever is stronger prevails. (כֹּל דְּאַלִּים גָּבַר)” (Sefaria.org translation) Since no document nor hazakah exists, there’s no way a court resolve the dispute. Consequently, the court removes itself and tells the litigants settle it yourself. The Rosh writes Whoever is stronger prevails. (כֹּל דְּאַלִּים גָּבַר) is a rabbinic ordinance. Whoever acquires it first is the owner; however, this should spur on the true owner to find proof that the land or money is his so that the court will adjudicate correctly.

2.    שׁוּדָא דְּדַיָּינֵי  “case where two people produce two deeds of sale or gift for the same field that are issued on one day,” (Sefaria.org translation) Both documents were issued on the same day, but one of the documents had to be delivered first. That person would be the owner even though the court doesn’t know which one received the document first. So the judges use their discretion (שׁוּדָא דְּדַיָּינֵי) to determine who wins the case.

3.    יַחְלוֹקוּ “With regard to one who exchanges a cow for a donkey and the cow calved, and similarly one who sells his Canaanite maidservant and she gave birth, and this one, i.e., the seller, says: She gave birth before I sold either the cow or maidservant, and the offspring belongs to me; and that one, i.e., the buyer, says: She gave birth after I purchased her and the offspring belongs to me, the ruling is that they should divide the value of the newborn.” (Sefaria.org translation) Because both parties could  have a claim to the offspring and when there is a doubt about money involved we divide the assets between them (יַחְלוֹקוּ).

Extending the protest time TB Baba Batra 30

A purchaser only needs to keep the bill of sale for three years. The original owner has to protest claiming he did not sell the property sometime during those three years to regain his property. With this protest the purchaser has to produce the bill of sale to prove he is the new owner. If buyer has lived in the home or used the property for those three years and the original owner never protested, he has presumptive ownership.

Today’s daf TB Baba Batra 30 teaches that there are extenuating circumstances that extends the protest limit time of three years. “There was a certain person who said to another: What do you want with this house of mine? The possessor said to him: I purchased it from you and I worked and profited from it for the years necessary for establishing the presumption of ownership. The claimant said to him: I was in the outer marketplaces, and was unaware that you were residing in my house, and therefore did not lodge a protest, so your profiting does not establish the presumption of ownership. The possessor said to him: But I have witnesses that every year you would come here for thirty days and had an opportunity to know that I was residing in your house and to lodge a protest. The claimant said to him: I was occupied with my business in the marketplaces for those thirty days. Rava said: A person is apt to be occupied with business in the marketplace for all of thirty days, and accepted his claim.” (Sefaria.org translation)

Rava accepts the following two extenuating circumstances to extend the time the original owner has the right to protest. First, he has to be away from home on business for long periods of time. Being away for long periods of time how could he know somebody was squatting on his land! Secondly, he has to be too busy in the marketplace selling all the goods he purchased abroad during the month he is at home to find the time to officially protest the squatter in front of a court. Although the Gemara here doesn’t mention a third requirement, obviously the original owner has to have a second home. Even coming to his second home he might not know somebody is living in his other house. If he doesn’t have a second home and returns to his domicile and finds a squatter, he would have to protest immediately and ask the court to throw him off his property.

Why davka three years? TB Baba Batra 28-29

 In massekhet Kiddushin we previously learned that a person acquires something using one of three methods, cash, documentation, and hazakah (חֲזָקָה), a proprietary act. Chapter 3 of our massekhet which begins on daf TB Baba Batra 28 provides a qualified additional understanding of what a hazakah is. “With regard to the presumptive ownership of houses; and of pits; and of ditches; and of caves, which are used to collect water; and of dovecotes; and of bathhouses; and of olive presses; and of irrigated fields, which must be watered by people; and of slaves; and all similar property that constantly, i.e., throughout the year, generates profits, their presumptive ownership is established by working and profiting from them for a duration of three years from day to day. If the one in possession of the property can prove that he worked and profited from it for the previous three full years, there is a presumption that it belongs to him, and would remain in his possession if another were to claim that the property belonged to him or to his ancestors.” (Sefaria.org translation)

Hazakah, presumptive ownership, requires three continuous years of occupancy or use otherwise the original owner can object and claim that the property still belongs to him. Presumptive ownership requires more than just three years of continuous occupancy. The hazakah has to include a valid claim (ta’anah-טענה) like I bought it, I inherited it, or it was gifted to me. 

The Gemara wants to know where did the Mishna come up with the number three. The Gemara first suggests that there is an analogy between the three years of presumptive ownership to the case of a forewarned ox (shor mu’ad- שׁוֹר הַמּוּעָד) that has gored separate three times. With the fourth goring, the owner of the ox has to pay full damages. The Gemara shows that the analogy is far from perfect. In fact, in the end, this analogy only works for Rabbi Yishmael who only requires three consecutive harvests and not three consecutive years. “But with regard to a field of trees, once he gathered his produce, and then harvested his olives, and then gathered his figs, these three harvests are the equivalent of three years. Rabbi Yishmael is of the opinion that three harvests are sufficient.” (Sefaria.org translation)

On daf TB Baba Batra 29 Rava provides the reason why the rabbis, who don’t accept the above analogy, require three years. “Rava said a different reason: A person is careful with his document detailing his purchase of land for the first year after the purchase, and he is also careful for two and three years. For more time than that, he is not careful and might discard the document if no one has lodged a protest concerning his possession of the land. Therefore, the Sages ruled that after three years have passed, he can prove his ownership by means of presumptive ownership.” (Sefaria.org translation)

You can imagine safekeeping documents back during Talmudic times was not easy. No matter what period of time a person lived, storage space for important documents is limited. Back in Talmudic days, a person was only expected to keep important documentation for three years. The person could either repurpose the material document was written upon or discarded it. Today the IRS only expects a person to keep his documentation for seven years.

Correction does much, but encouragement does more! #Pinkhas#devartorah#parashathashavua

Being a preacher's kid (a p.k. in the vernacular) is never easy. Just ask my children what it is like to live in a glass fish bowl. I once read about a little boy, a p.k., who had been naughty. In exasperation, the father prayed to God that his son would be naughty again. He specifically mentioned a number of bad things the boy had done. Not long afterward the mother heard the 6-year-old sobbing. When she asked what was wrong, the heartbroken boy cried out, "Daddy always tell God the bad things about me. He never tells him the good things I do!"

I know that that child had a legitimate complaint. In fact, it underscores a shortcoming that is common to many of us. Instead of recognizing the good in people, we tend to notice all their faults. I think that is why God gave Pinkhas a covenant of peace after he slew the two offenders in last week's parasha in jealous righteousness. Although Pinkhas' action stopped the plague, God did NOT want this to be the normative behavior. He much preferred Aaron's (Pinchas' grandfather's) approach of "loving peace and pursuing peace, loving your fellow creatures and attracting them to the study of Torah." (Pirke Avot 1:12)

Let us be more ready to commend them to condemn. When we see good in others, let's tell them. It will encourage them and perhaps that is exactly what they need. Correction does much, but encouragement does more!

Shabbat Shalom

Being a leader means taking responsibility TB Baba Batra 22

 In the midst of discussing what is fair and unfair competition on daf TB Baba Batra 22, we learn that Rav Dimi of Neharde’a brought dried figs on a ship the Babylonia to sell them. If he was a scholar, the Exilarch was going to give him a monopoly to sell those figs. Rav Adda bar Abba was sent to test Rav Dimi’s scholarship. In my opinion he asked him not only a difficult question, but also described an unrealistic case. Not surprisingly, Rav Dimi didn’t know the answer. Rav Adda bar Abba humiliated him and did not grant him any opportunity to sell his figs. His figs went bad and he lost his money. Rav Dimi went to Rav Yosef to complain what Rav Adda bar Abba did to him. Rav Yosef said that God will punish Rav Adda bar Abba. Indeed Rav Adda bar Abba died.

Rav Adda bar Abba was one of Rava’s outstanding students. He also learned Torah from Abaye. Consequently, he was an important scholar during Rav Yosef’s lifetime. His death was not insignificant. Who caused his death? Three sages came forward and accepted the responsibility of his death.

Sage #1 “Rav Yosef said: I punished him, i.e., I am to blame for his death, as I cursed him. Rav Dimi from Neharde’a said: I punished him, as he caused my loss of dried figs. Abaye said: I punished him, i.e., he was punished on my account because he did not exhibit the proper respect for me. As Rav Adda bar Abba said to the Sages: Instead of gnawing the bones in the school of Abaye, you would do better to eat fatty meat in the school of Rava, i.e., it is preferable to study with Rava than with Abaye.”

Sage #2 “And Rava said: I punished him, as when he would go to the butcher to buy a piece of meat, he would say to the butchers: I will take meat before Rava’s servant, as I am greater than he is.”

Sage #3 “Rav Naḥman bar Yitzḥak said: I punished him, i.e., he was punished because of me, as Rav Naḥman bar Yitzḥak was the head of the kalla lectures, the gatherings for Torah study during Elul and Addar. Rav Naḥman bar Yitzḥak would teach the students immediately following the lesson taught by the head of the academy. Every day, before he went in for the kalla lecture, he reviewed his lecture with Rav Adda bar Abba, and then he would enter the study hall for the kalla lecture.

“On that day Rav Pappa and Rav Huna, son of Rav Yehoshua, seized Rav Adda bar Abba, because they had not been present at the conclusion of Rava’s lecture. They said to him: Tell us how Rava stated these halakhot of animal tithe. Rav Adda bar Abba said to them: Rava said this and Rava said that. Meanwhile, it grew late for Rav Naḥman bar Yitzḥak, and Rav Adda bar Abba had not yet arrived.

“The Sages said to Rav Naḥman bar Yitzḥak: Arise and teach us, as it is late for us. Why does the Master sit and wait? Rav Naḥman bar Yitzḥak said to them: I am sitting and waiting for the bier of Rav Adda bar Abba, who has presumably died. Meanwhile, a rumor emerged that Rav Adda bar Abba had indeed died. The Gemara comments: And so too, it is reasonable to conclude that Rav Naḥman bar Yitzḥak punished him, i.e., he died as a result of Rav Naḥman bar Yitzḥak’s statement, as the unfortunate event occurred just as he announced that Rav Adda bar Abba’s bier was on its way.” (Sefaria.org translation)

These three sages teach us an important aspect of leadership. A true leader takes responsibility for his actions. Convicted felon former Pres. Trump has never taken any responsibility for the crimes he was found guilty nor has he taken any responsibility for the felonies that still have to be adjudicated. I agree with the New York Times that he is unfit to serve as our president. Convicted felon Sen. Robert Menendez also has refused to take responsibility for his crimes of bribery. He too is unfit to serve as a senator. Supreme Court Justice Samuel Alito refused to take any responsibility for the American flag flying upside down at his home. He shifted the blame solely on his wife. I also believe for this and other reasons Justice Alito is unfit to serve.

We need to elect this coming November honorable men and women who admit responsibility for their actions. When they do, I am sure that the American people will treat them fairly and mercifully as we have done with past leaders.

 

 

God still watches over us #Balak#devartorah#parashathashavua

There was no blood, no bump, not even the start of a bruise after 2-year-old Braden fell and smacked his head on a TV stand in his Chesapeake home last fall. His parents, Brad and Jennifer Hennis, dashed to his side to inspect his injury. Seeing nothing, they cautioned him to be careful and let him return to his toys. At dinnertime, Jennifer’s mother, Nancy Bennett, arrived to babysit. Learning that Braden’s afternoon nap had been brief, she thought nothing of his dozing on his Elmo couch 

Aware of his earlier fall, however, she worried when she couldn’t wake him all the way up to change him into pajamas. He was extremely groggy, she remembers. So after placing him in his crib, she left his bedroom door open. About a half hour after putting him down, Nancy heard Braden vomiting. “I was really scared,” she says. She called Jennifer and Brad, who rushed home and called 911.

Braden’s parents had no way of knowing that when he struck his head, a skull fracture occurred. The fracture tore an underlying artery on the covering of his brain, creating a massive clot, known medically as an epidural hematoma. The hematoma was rapidly increasing pressure on the brain, whose tissue is like a sponge. The harder the brain is squeezed, the less life-giving oxygen can get to its cells.

After successful emergency brain surgery operation as well as in hospital rehabilitation, Branden miraculously recovered. Today, his doctors say that open bedroom door helped save Braden’s life. (https://www.chkd.org/about-us/publications-and-reports/patient-stories/nick-of-time/)

Like Branden, the Israelites experienced God’s intervention at a vulnerable time in their history. While traveling through the wilderness, they came within sight of King Balak of Moab. Terrified of their conquests and their vast population, Balak engaged a seer named Balaam to place a curse on the unsuspecting travelers (Numbers 22:2-6).

But something amazing happened. Whenever Balaam opened his mouth to curse, a blessing issued instead. “I have received a command to bless; he has blessed, and I cannot change it,” he declared. “No misfortune is seen in Jacob, no misery observed in Israel. The Lord their God is with them; . . . God brought them out of Egypt” (Numbers 23:20-22). God preserved the Israelites from a battle they didn’t even know was raging!

During these difficult times with the war still raging  in Gaza and anti-Semitism on the rise , whether we see it or not, God still watches over us today. May we worship in gratitude the One who calls us blessed.

 

The movement towards universal Jewish education TB Baba Batra 21

Joshua ben Gamla was one of the last High Priests during the Second Temple period. King Agrippas II appointed him to that position. Joshua ben Gamla was murdered when the Second Temple was destroyed. Although the rabbis disparaged the way he became the High Priest, they were not shy to praise him for the good that he did. On today’s daf TB Baba Batra 21 we learn that Joshua ben Gamla laid the foundation for universal male education. The Gemara lays out the four stages how Jewish education expanded to include more and more students.

Stage #1 “As Rav Yehuda says that Rav says: Truly, that man is remembered for the good, and his name is Yehoshua ben Gamla. If not for him the Torah would have been forgotten from the Jewish people. Initially, whoever had a father would have his father teach him Torah, and whoever did not have a father would not learn Torah at all. The Gemara explains: What verse did they interpret homiletically that allowed them to conduct themselves in this manner? They interpreted the verse that states: “And you shall teach them [otam] to your sons” (Deuteronomy 11:19), to mean: And you yourselves [atem] shall teach, i.e., you fathers shall teach your sons.

Stage 2 “When the Sages saw that not everyone was capable of teaching their children and Torah study was declining, they instituted an ordinance that teachers of children should be established in Jerusalem. The Gemara explains: What verse did they interpret homiletically that enabled them to do this? They interpreted the verse: “For Torah emerges from Zion” (Isaiah 2:3). But still, whoever had a father, his father ascended with him to Jerusalem and had him taught, but whoever did not have a father, he did not ascend and learn. (According to Tosefot ד"ה כִּי מִצִּיּוֹן תֵּצֵא תוֹרָה, educating children in Jerusalem would be very beneficial because the students would see Kohanim, Levites, and Israelites involved in holy work and observing mitzvot inside and outside the Temple. All this holy work would inspire the students to study Torah harder and better)

Stage #3 “Therefore, the Sages instituted an ordinance that teachers of children should be established in one city in each and every region [pelekh]. And they brought the students in at the age of sixteen and at the age of seventeen. (Children younger than the age of 16 were old enough to travel such a long distance to the local region; consequently, they were exempt from attending school.-gg)

Stage #4 “But as the students were old and had not yet had any formal education, a student whose teacher grew angry at him would rebel against him and leave. It was impossible to hold the youths there against their will. This state of affairs continued until Yehoshua ben Gamla came and instituted an ordinance that teachers of children should be established in each and every province and in each and every town, and they would bring the children in to learn at the age of six and at the age of seven. With regard to the matter at hand, since this system was established for the masses, the neighbors cannot prevent a scholar from teaching Torah in the courtyard.” (Sefaria.org translation)

Universal Jewish education for boys was unique to Judaism throughout the ancient and medieval world. Only at the beginning of the 20^th century was Jewish education extended to girls in the Bais Yaakov schools.

“The Bais Yaakov movement was started by seamstress Sarah Schenirer in 1917 in Kraków, Poland.^[1] The first school building survives as apartments, and is marked with a bronze plaque.

“While boys attended cheder and Talmud Torah schools (and in some cases yeshivas), at that time, there was no formalized system of Jewish education for girls and young Jewish women.

“Schenirer saw that there was a high rate of assimilation among girls due to the vast secular influences of the non-Jewish schools that the girls were then attending. Sarah Schenirer concluded that only providing young Jewish women with a thorough, school-based Jewish education would effectively combat this phenomenon. She started a school of her own, trained other women to teach, and set up similar schools in other cities throughout Europe.

“She obtained the approval of Yisrael Meir Kagan (author of Chofetz Chaim), who issued a responsum holding that contemporary conditions required departing from traditional prohibitions on teaching women Torah and accepting the view that it was permitted. Following the Chofetz Chaim's approbation, the Bais Yaakov Movement in Poland was taken under the wing of Agudath Israel. Additionally, Schenirer sought and received approbation from Hasidic rabbis as well, most notably the Belzer Rebbe and the Gerrer Rebbe.^[2] Judith Grunfeld was persuaded to assist Schenirer. The original Bais Yaakov was a seminary of sorts, intended to train girls to themselves become teachers and spread the Bais Yaakov movement. Grunfeld would lead the seminary from 1924 to 1929.^[3]

“Girls who were taught in the Bais Yaakov movement used their education as psychological support to survive World War II and the Holocaust.^[4]” https://en.wikipedia.org/wiki/Bais_Yaakov

Educating girls was one of the most important educational innovations in Jewish history. As Jewish women became more and more educated, they demanded equal opportunity in the Jewish community as its leaders. Today Jewish women are rabbis, cantors, teachers. Jewish women now lead major Jewish seminaries as well as heads of Jewish Federations and JCCs. The Jewish community has been enriched by all these women past and present.

 

What do you do with a worn-out Torah TB Baba Batra 20

Beginning on daf TB Baba Batra 19b and continuing on today’s daf  TB Baba Batra 20, the Gemara goes on a strange tangent. To understand the Gemara, we have to know some basic rules of corpse contamination, tumat met-טומאת מת. When a dead body is in a room, the tumah goes straight up to the ceiling, spreads over the ceiling, and then goes downward and contaminates everything in the room. Just in last week’s Torah portion Hukkat, we learn about this contamination and how to restore back to ritual readiness.

If two rooms or two houses have continuous walls, the corpse contamination does not that enter the second room or house. The wall serves as a barricade against the tumah. If there’s an open doorway between the two, the course contamination spreads to the second room or house. If there is a window (which is essential just a hole in the wall) that is larger than 3 tefakhim by 3 tefakhim, the corpse contamination spreads to the second room or house as well.

The Gemara discusses what things can be used as a barrier in a window to block corpse contamination. Things that can become ritually unready, tamai, like food or things that are not relatively permanent placed in the window do not block corpse contamination 

The Tosefta enumerates many effective barriers. One of them is a Sefer Torah. The Gemara challenges the idea that a Sefer Torah may be used. “The baraita teaches: A Torah scroll reduces the dimensions of a window. The Gemara challenges: But it is fit for reading; therefore, it might be removed. The Gemara answers: This is referring to a Torah scroll that is worn out and unfit for reading. The Gemara challenges: But one is required to place the Torah scroll in a repository (geniza-גניזה) for unusable sacred books; therefore, he will certainly remove it to be stored away. The Gemara answers: This is referring to one who determines that its repository will be there. In other words, it was placed in the window with the intent of storing it there in its worn-out state.” (Sefaria.org translation)

The answer that a window can serve as a geniza is difficult. We have previously learned “And Rava said: A Torah scroll that became worn out is interred and buried next to a Torah scholar, and in this regard, a Torah scholar is defined even as one who only studies the halakhot in the Mishna and the baraitot but is not proficient in their analysis. Rav Aḥa bar Ya’akov said: And when it is buried, it is first placed in an earthenware vessel, as it is stated: “And put them in an earthenware vessel, that they may last for many days” (Jeremiah 32:14).” (TB Megilah 26b) If there is no Torah scholar, one buries the Sefer Torah in an earthenware vessel in the ground in a cemetery. The Sefer Torah is buried in an earthenware vessel so it won’t rot quickly. There are those who teach that an earthenware vessel is not the only appropriate casket for the Sefer Torah. A wooden one will work just as well.

The Ritba solves our difficulty. He affirms that the Sefer Torah needs to be buried in the ground and should be buried in a special place like next to a scholar. He writes that in our sugiyah the Sefer Torah is placed in a window for a long period of time until an appropriate geniza for its permanent resting place is available.

An ounce of prevention is worth a pound of cure TB Baba Batra 18-19

Just because you own property doesn’t mean you can do anything you want on it. Especially in gated communities there are lots of rules what you’re allowed and what your prohibited to do. For example, gated communities often have strict rules regarding landscaping and maintenance. The Talmud sets forth rules what a person must do on his property to be a good neighbor 

The Mishnah on daf TB Baba Batra 17a outlines what an owner must do so he does not damage his neighbor’s property. “A person may not dig a pit close to the pit of another, in order to avoid damaging the latter’s pit. And similarly, one may not dig a ditch, nor a cave, i.e., a covered pit, nor a water channel, nor a launderer’s pond, which is a pit used for washing clothes, unless he distanced all of these three handbreadths from the wall of another and he plasters lime on the place where there is water.

 "And one must distance the solid residue of produce that has been pressed free of its oil, e.g., the refuse of olives from which oil has been squeezed, and animal manure, and salt, and lime, and rocks three handbreadths from the wall of another, as all these items produce heat and can damage the wall. Or, alternatively, he may plaster the wall with lime to prevent damage. One must likewise distance seeds, i.e., one may not plant seeds, and one may not operate the plow, and one must eliminate urine, three handbreadths from the wall of another.

 “The mishna continues: And one must distance a mill from a neighbor’s wall by three handbreadths from the lower stone of the mill, which is four handbreadths from the smaller upper stone of the mill. And there must be a distance of three handbreadths from the protruding base [hakalya] of an oven until the wall, which is four handbreadths from the narrow upper rim [hassafa] of the oven.”

In other words Benjamin Franklin was correct when he wrote in his Poor Richard’s Almanac, “An ounce of prevention is worth a pound of cure.”

Subsequently on daf TB Baba Batra 18 Abaye and Rava argue whether a person may dig a pit up to the edge of his property when the neighbor has not yet dug a pit. Abaye says yes and Rava says no and must provide that 3 handbreadths distance from his neighbor’s wall. Perhaps the neighbor will eventually want to dig a pit on his side of the property and then the two pits will not be the 6 handbreadths of each other safe distance.  Even though the Gemara doesn’t come to a conclusion, usually the halakha is according to Rava.

On today’s daf TB Baba Batra 19 We can see that the purpose of the pit determines how far it should be away from the neighbor’s wall. “§ The mishna teaches: Nor may one set up a launderer’s pond near his neighbor’s wall unless he distances it three handbreadths from the wall. Rav Naḥman says that Rabba bar Avuh says: They taught this only with regard to a soaking pond, in which soiled clothes are left to soak for several days. But in the case of a washing pond [hanadyan], where clothes are actively cleaned, four cubits are required. That opinion is also taught in a baraita: A launderer’s pond must be kept four cubits from one’s neighbor’s wall.” (Sefaria.org translation)

Everybody knows that water can damage a wall. We have to remember that laundry was done by hand. Washing and wringing the clothes spritzes the water; consequently a launderer’s pond would have to be farther away than just a soaking pond. We should be happy that we not only have modern washing machines but also better soaking the detergents because Rashi comments that they used to soak the clothes in water with dog’s dung for a day or two.

 

  

What exactly are we asking God to bless us? TB Baba Batra 17

 With today’s daf TB Baba Batra 17 we finish the first chapter of our massekhet. The Torah says that “ה בֵּרַ֥ךְ אֶת־אַבְרָהָ֖ם בַּכֹּֽל-YHVH had blessed Abraham in all things.” (Genesis 24:1) Previously different sages explained what exactly had God blessed Abraham. The conversation continues on our daf.

תָּנוּ רַבָּנַן: שְׁלֹשָׁה הִטְעִימָן הַקָּדוֹשׁ בָּרוּךְ הוּא בָּעוֹלָם הַזֶּה מֵעֵין הָעוֹלָם הַבָּא, אֵלּוּ הֵן: אַבְרָהָם, יִצְחָק וְיַעֲקֹב. אַבְרָהָם – דִּכְתִיב בֵּיהּ: ״בַּכֹּל״. יִצְחָק – דִּכְתִיב בֵּיהּ: ״מִכֹּל״. יַעֲקֹב – דִּכְתִיב בֵּיהּ: ״כֹּל״.

“Incidental to the discussion of the verse “And God blessed Abraham with everything” (Genesis 24:1), the Gemara states that the Sages taught: There were three people to whom the Holy One, Blessed be He, gave already in this world a taste of the World-to-Come. They are: Abraham, Isaac, and Jacob. Abraham, as it is written with regard to him: “And the Lord blessed Abraham with everything (בַּכֹּל)” (Genesis 24:1). Isaac, as it is written with regard to him: “וָאֹכַ֥ל מִכֹּ֛ל-And I have eaten from everything” (מִכֹּל) (Jacob beat his brother Esau by presenting his father with the stew his mother prepared. After he had eaten everything, Esau entered with his stew for his father and Isaac said that he had already eaten from everything -gg) (Genesis 27:33). Jacob, as it is written with regard to him: “Because I have everything (כֹּל)” (When Jacob returns home after an absence of 21 years, he meets up with his brother Esau who had promised to murder him on account of stealing his blessing from Isaac. Jacob prepares a lavish gift as a peace offering. Esau wants to return it for is no longer necessary, Jacob refuses and says that he has all that he needs. gg) (Genesis 33:11). This teaches that already in their lifetimes they merited everything, i.e., perfection.

“There were three people over whom the evil inclination had no sway. They are: Abraham, Isaac, and Jacob, as it is written with regard to them, respectively: “"בַּכֹּל", "מִכֹּל", "כֹּל"-With everything,” “from everything,” “everything.” The completeness of their blessings means that they did not have to contend with their evil inclinations.” (Sefaria.org translation)

Anybody who recites the full grace after meals, the phrase "בַּכֹּל", "מִכֹּל", "כֹּל"

will resonate. We ask God to bless us with the following blessing:

הָרַחֲמָן הוּא יְבָרֵךְ אוֹתִי (וְאֶת־אִשְׁתִּי/בַּעֲלִי וְאֶת־זַרְעִי) וְאֶת־כָּל־אֲשֶׁר לִי.

May the Merciful One bless me, my spouse, my children, and all that is mine;

אוֹתָֽנוּ וְאֶת־כָּל־אֲשֶׁר לָֽנוּ, כְּמוֹ שֶׁנִּתְבָּרְ֒כוּ אֲבוֹתֵֽינוּ, אַבְרָהָם יִצְחָק וְיַעֲקֹב: בַּכֹּל, מִכֹּל, כֹּל, כֵּן יְבָרֵךְ אוֹתָֽנוּ כֻּלָּֽנוּ יַֽחַד, בִּבְרָכָה שְׁלֵמָה, וְנֹאמַר אָמֵן:

Ours and all that is ours— just as our forefathers were blessed— Abraham, Isaac, and Jacob— In all things, “From everything,” and “With everything”; so may He bless us, all of us together, with a perfect blessing and let us say Amen.

Thanks to our daf we know exactly what blessing we are asking for. We are praying that are evil inclination will have no control over us and consequently, we shall merit to taste the World to Come in this World just like Abraham, Isaac, and Jacob.

 

The value of friendship TB Baba Batra 16

The amoraim on yesterday’s daf TB Baba Batra 15 argue when and where Job lived. One suggested she lived as early as the time of Jacob and his family and another suggested that he lived during the second Temple period. That’s quite a span of time! “The Gemara relates that one of the Sages sat before Rabbi Shmuel bar Naḥmani and he sat and said: Job never existed and was never created; there was never such a person as Job. Rather, his story was a parable.” (Sefari.org translation) This is makes the most sense to me. If you ever read the book of Job, the story line is unbelievable. How could Satan goad God into wagering that he could break Job’s faith! Why would God allow Satan to kill Job’s innocent children and afflicted Job with painful sores on the top of his head to the tip of his toes for sake of a bet He knows He will.

Starting with yesterday’s daf and continues on today’s daf TB Baba Batra 16, the sages cite verse by verse interpreting the text Job. After the first set of calamities befell Job, three friends came to comfort him.

“The verse states: “And Job’s three friends heard of all this evil that was come upon him, they came every one from his own place, Eliphaz the Temanite, and Bildad the Shuhite, and Zophar the Naamathite; for they had made an appointment together to come to mourn with him and to comfort him” (Job 2:11). What does “they had made an appointment together” mean? Rav Yehuda says that Rav says: This phrase teaches that they all entered through one gate at the same time. And a Sage taught in a baraita: There were three hundred parasangs between each and every one of them, i.e., each one lived three hundred parasangs away from the other…

“Rava said that this closeness between Job and his friends explains the adage that people say: Either a friend like the friends of Job or death (אוֹ חַבְרָא כְּחַבְרֵי דְּאִיּוֹב, אוֹ מִיתוּתָא.). If a person lacks close friends, he is better off dead.” (Sefaria.org translation)

“The value our friendship is mentioned not infrequently in the Rabbinic literature. R. Joshua, when asked by his teacher to discover the best and worst thing in a man’s striving for self-improvement, replied that the best thing is to have a good friend and the worst to have a bad friend (Avot 2:9). A very early teacher is reported as advising a man to get himself a teacher and acquire a friend (Avot 1:6) The editor of the Mishna, R. Judah the Prince, is reported as saying: ‘Much have I learned from my teachers, more from my friends, and most of all for my pupils’(Makkot 10a). In these and similar sayings, however, it is to be noted that the friendship refer to or among colleagues who associated for the purpose of studying the Torah. In a Talmudic legend told of the miracle worker Honi the Circle-Drawer (Ta’anit 23a) it is said that this man slept for 70 years. When he awoke he was given the cold shoulder by those who frequently the House of Study, as he had very little in common with them because of the ‘generation gap.’ When Honi saw this he prayed to be released from his agony by death. The story calls in this connection the saying of the fourth century Babylonian teacher Rava: ‘Either friendship or death. (אוֹ חַבְרָא כְּחַבְרֵי דְּאִיּוֹב, אוֹ מִיתוּתָא.)’” (“Friendship,” What does Judaism say about…? by Louis Jacobs, pages 145-147)

I thank God that the Holy One has blessed me so many wonderful friends. Each and every one of them has made my life worth living.

If you’re looking for a good translation with notes of the book of Job, I recommend Edward L. Greenstein’s Job: A New Translation, published by Yale University press.

 

Seek peace and pursue it #Hukkat#devartorah#parashathashavua

 The Israelites are closing in on their goal of reaching the Promised Land.  They are marching to reach it from the other side of the Jordon River.  The Torah records: “Israel now sent messengers to Sichon king of the Amorites saying, ‘Let me pass through your country. We will not turn off into fields or vineyards, and we will not drink water from wells.  We will follow the king’s highway (to pay all the tolls) until we have crossed your territory.” (Nu. 21:21-2) But Sichon not only did he forbid Israel from crossing his border, he waged war on them only lose to them.  Now the Israelites controlled the land from the Arnon River to the Jabbok River.

Why did Moses send messengers to Sichon?  We are only obligated to observe the mitzvot when the opportunity presents itself.  We only have to wave the Lulav and Etrog on Sukkot, not before and not after. Only when you harvest you fields, do you have to make provisions for the poor like allowing them to glean the crop and pick up the forgotten sheaves. You only have to put the tzitzit on a four corner garment and no other you might own.

Peace is different.  We shouldn’t wait around for peace to come our way.  We’re obligated to pursue peace as it is written in Pslam 34:15 “Seek peace and pursue it.”  Therefore Moses sent messengers to Sichon to seek peace.

I wonder what the Israel and the Palestinian territory would look like if the Hamas and their supporters would have chosen peace over starting a war with the goal of genocide. Wouldn’t peace be nearer if the Palestinian leadership would ask themselves, “What can I do that would bring peace a little bit closer to fruition?” I’m sure that Israel would respond in kind.

 

 

Who wrote the Bible? TB Baba Batra 15

 Starting with yesterday’s daf and continuing on today’s daf TB Baba Batra 15, the Gemara  discusses the various views who wrote different books of the Bible.

“The baraita now considers the authors of the biblical books: And who wrote the books of the Bible? Moses wrote his own book, i.e., the Torah, and the portion of Balaam in the Torah, and the book of Job. Joshua wrote his own book and eight verses in the Torah, which describe the death of Moses. Samuel wrote his own book, the book of Judges, and the book of Ruth. David wrote the book of Psalms by means of ten elders of previous generations, assembling a collection that included compositions of others along with his own. He included psalms authored by Adam the first man, by Melchizedek king of Salem, and by Abraham, and by Moses, and by Heman, and by Jeduthun, and by Asaph, Jeremiah wrote his own book, and the book of Kings, and Lamentations. Hezekiah and his colleagues wrote the following, and a mnemonic to remember which books they wrote is yod, mem, shin, kuf: Isaiah [Yeshaya], Proverbs [Mishlei], Song of Songs [Shir HaShirim], and Ecclesiastes [Kohelet]. The members of the Great Assembly wrote the following, and a mnemonic to remember these books is kuf, nun, dalet, gimmel: Ezekiel [Yeḥezkel ], and the Twelve Prophets [Sheneim Asar], Daniel [Daniel ], and the Scroll of Esther [Megillat Ester]. Ezra wrote his own book and the genealogy of the book of Chronicles until his period.” (Sefaria.org translation)

Sometimes this list of authorships differs from other accepted traditions. For example, ask any Rabbi and he/she will tell you that King Solomon wrote Proverbs [Mishlei], Song of Songs [Shir HaShirim], and Ecclesiastes [Kohelet].

The last eight verses of the Torah opens up the possibility that Moses did not write the entire Torah from beginning to end because it describes his death and burial. “So Moses the servant of YHVH died there, in the land of Moab, at the command of YHVH. [God] buried him in the valley in the land of Moab, near Beth-peor; and no one knows his burial place to this day. Moses was a hundred and twenty years old when he died; his eyes were undimmed and his vigor unabated. And the Israelites bewailed Moses in the steppes of Moab for thirty days. The period of wailing and mourning for Moses came to an end.  Now Joshua son of Nun was filled with the spirit of wisdom because Moses had laid his hands upon him; and the Israelites heeded him, doing as YHVH had commanded Moses. Never again did there arise in Israel a prophet like Moses—whom YHVH singled out, face to face, for the various signs and portents that YHVH sent him to display in the land of Egypt, against Pharaoh and all his courtiers and his whole country, and for all the great might and awesome power that Moses displayed before all Israel.” (Dt. 34:5-12)

Joshua wrote the last eight verses is one possible view shared by the Gemara. “The Master said above that Joshua wrote his own book and eight verses of the Torah. The Gemara comments: This baraita is taught in accordance with the one who says that it was Joshua who wrote the last eight verses in the Torah. This point is subject to a tannaitic dispute, as it is taught in another baraita: “And Moses the servant of the Lord died there” (Deuteronomy 34:5); is it possible that after Moses died, he himself wrote “And Moses died there”? Rather, Moses wrote the entire Torah until this point, and Joshua wrote from this point forward; this is the statement of Rabbi Yehuda. And some say that Rabbi Neḥemya stated this opinion.” (Sefaria.org translation)

Since Moses was a prophet he could have foretold his own future no matter how heartbreaking it is, is the alternative view shared by the Gemara. “Rabbi Shimon said to him: Is it possible that the Torah scroll was missing a single letter? But it is written: “Take this Torah scroll” (Deuteronomy 31:26), indicating that the Torah was complete as is and that nothing further would be added to it. Rather, until this point the Holy One, Blessed be He, dictated and Moses repeated after Him and wrote the text. From this point forward, with respect to Moses’ death, the Holy One, Blessed be He, dictated and Moses wrote with tears. The fact that the Torah was written by way of dictation can be seen later, as it is stated concerning the writing of the Prophets: “And Baruch said to them: He dictated all these words to me, and I wrote them with ink in the scroll” (Jeremiah 36:18).” (Sefaria.org translation)

Modern scholarship expands the authorship of the Torah beyond Moses and Joshua. Biblical scholars accept the Torah is comprised of four different sources, J (Jehovah), E (Elohim), P (the priestly code), and D (Deuteronomist). Each source has its own style, interest, and point of view. Most scholars believe that the Torah was compiled and edited by priestly redactors in Babylonia between 600 and 400 BCE. The redactor did a wonderful job but sometimes the sources contradict each other.

For further study I recommend the following books. Who Wrote the Bible by Richard Elliott Friedman. He draws upon biblical and archaeological evidence to make a convincing argument for the identities of the authors. In the process he paints a vivid picture the world of the Bible-is politics, history, and personalities.

Two books help the modern person understand how and why observe the commandments even if they were not handed down by God from upon Mount Sinai.

Revelation and Authority by Benjamin D. Sommer demonstrates that the Torah presents different models of Revelation beyond Mount Sinai. Different poskin of Jewish law throughout Jewish history have based their decisions on a different model of Revelation.

Shattered Fragments: Recovering Theology for the Modern Jew by Neil Gillman. The modern Jew who can no longer believe in the divinity of Torah as understood by Rabbi Shimon is often confronted with questions of faith. Sacred Fragments helps the individual create his personal theology that answers his questions of faith by clarifying various Jewish theologies.

Moses got a yasher koakh for breaking the first set of tablets! TB Baba Batra 14

 If you like math or interested in carpentry, today’s daf TB Baba Batra 14 is for you. Rabbi Meir and Rabbi Yehuda disagree about the dimensions of the ark that contained the Two Tablets of the Covenant a.k.a. the 10 Commandments. Rabbi Meir’s ark was larger because his amah was six tefakhim long and Rabbi Yehuda’s ark was smaller because his amah was only five  tefakhim long. The Gemara goes on to explain where the Safer Torah and the broken shards of the first tablets were located based on the dimensions of each rabbi’s ark.

The Gemara provides the derasha where Rabbi Meir learns that the broken Tablets rested in the ark along with the second set. “Rather, from where does he derive that the broken pieces of the first set of tablets were placed in the Ark? The Gemara expounds: He derives this from that which Rav Yosef taught, as Rav Yosef taught a baraita: The verses state: “At that time the Lord said to me: Hew for yourself two tablets of stone like the first…and I will write on the tablets the words that were on the first tablets, which you broke, and you shall put them ("אֲשֶׁר שִׁבַּרְתָּ וְשַׂמְתָּם") in the Ark” (Deuteronomy 10:1–2). This teaches that both the second set of tablets and the broken pieces of the first set of tablets were placed in the Ark.” (Sefaria.org translation)

Since Rabbi Yehuda learns that the broken tablets were also placed in the ark from a different source, the Gemara wants to know how he interprets the above verse. “He requires it for that which Reish Lakish teaches, as Reish Lakish says: What is the meaning of that which is stated: “The first tablets, which you broke [asher shibbarta]”? These words allude to the fact that God approved of Moses’ action, as if the Holy One, Blessed be He, said to Moses: May your strength be straight [yishar koḥakha] because you broke them.” (Sefaria.org translation) Reish Lakish uses the similar sounding words asher (אֲשֶׁר) and yishar (יִישַׁר) to build his derasha.

Why would God approve of breaking the first set of tablets? Shemot Rabbah provides one of many different answers. God was pleased that Moses found a legal loophole that saved the Jewish people from the death penalty.  “Moses the righteous one argued in a similar vein. How can I give is released tablets? I shall thereby be involving them in serious breaches of the commandments rendering them liable to the death penalty. For thus it is written: ‘He that sacrifices to the gods save to the Lord only, shall be utterly destroyed.’ Instead I shall break them and reform the people. Moses’ action met with the approval of the Omnipotent, as it is stated: ‘The tablets, which you did break’ implying: ‘More power to you for having broken them!”

Devorim Rabbah 43:1 explains what exactly this loophole was. “Moreover, Moses said: It is preferable that they be judged as unwitting sinners and not be intentional sinners. Why? It is because it was written in the tablets: “I am the Lord your God” (Exodus 20:2), and its punishment adjacent to it: “One who sacrifices to gods, [other than to the Lord alone,] shall be destroyed.” That is why he broke the tablets.” (Sefaria.org translation) In this case ignorance of the law is a good defense.