Beyond Orthodox Conversion to Judaism

By Rav Moshe Sternbuch

BUSINESS ETHICS


“If you will hearken to the ‘insignificant’ commandments that a person tramples on with his heels” (7:12, as expounded by the Medrash Tanchumah cited by Rashi).


One of the prerequisites of genuine repentance is the realization that any sin constitutes a rebellion against the Creator. This realization is more difficult to come by in the case of sins, which appear to be comparatively insignificant, since a person tends to belittle the consequences of such sins. The Torah is telling us here that, in reality, there is no “scale of severity” when it comes to sins, and that if we relate to the Ribbono Shel Olom as a son does to his father, we will want to perform His Will through His mitzvos in all areas of our life irrespective of our perception of the severity of specific commandments.

On the plain level, the posuk is admonishing us to be particular about mitzvos related to monetary matters, which we do not always observe in as punctilious a manner as we should. Someone once told Rav Yisroel Salanter zt”l that he was thinking of leaving the rabbinate to go into business, since there were so many pitfalls in his current occupation. Rav Yisroel responded that there were even more hazards involved in being a businessman, such as observing the prohibition against deceiving a non-Jew about the nature of merchandise, the intricate laws against charging or paying interest, and many other matters that apply in the day-to-day affairs of a businessman. And therefore, he advised, he should think very carefully before embarking on such a move.


ENSNAREMENTS

“Nor should you serve their gods, for that will be a snare for you” (7:16).


The choice of the term "snare" seems surprising. Surely we should refrain from serving idol worship simply because it is one of the major prohibitions. Why is it merely a “snare”?

In the times of Tanach, everybody was aware of the existence of a Supreme Being and Creator, but, as the Rambam explains, people thought that He was too lofty and far removed to be interested in the affairs of mortal beings and that instead, His handiwork, such as the sun, should be praised as intermediaries. This type of idol worship was superficially attractive and therefore the Torah warns us not to be ensnared by its allure.

Nowadays, we are unfortunately also not lacking people who would have us believe that they are acting for the sake of Heaven when trying to entice us to diverge from our outlook and way of life handed down from generation to generation. It is up to us to remain strong and not be lured by them.


BLESSING HASHEM FOR FOOD


“And you shall eat and be satisfied and bless (es) Hashem your G-d” (8:10).


We do not forget Hashem even when eating and we eat like human beings in order to have strength to serve Hashem, and not like animals, which fill their bellies in order to satisfy their hunger. Moreover, the phrase in this posuk may be compared to the one later on in the parsha, “You shall fear (es) Hashem your G-d” (10:20), from which Rabi Akiva derives: “es - to include talmidei chachomim.” Similarly, when we have enough food for sustenance, we must not forget talmidei chachomim who may not have even the bare minimum to eat.

FEAR OF HEAVEN

“What does Hashem your G-d require of you but to fear Hashem your G-d” (10:12).

The most important thing to Hashem is a person's fear of Heaven and fear of sin. Someone who performs the commandments not out of habit, but with the awareness that he is always in the presence of Hashem, and is in awe of Him, will not sin.

The Gemara (Brachos 33b) expresses surprise that the Torah designates the attainment of fear of Heaven as a small matter, and replies that for Moshe it was indeed a small matter. The meforshim ask the obvious question that this posuk is addressed to the whole nation and not only to Moshe.

The Dubna Maggid explains in the name of the Vilna Gaon that someone who is privileged to cleave to talmidei chachomim and spends much time in their presence will easily emulate their deeds and have no difficulty acquiring their fear of Heaven. A tzaddik suffuses his environment with his yiras Shomayim like a vessel bursting at the seams. Moshe Rabbeinu, too, as the leader of the nation, recognized the greatness of its members and realized that, due to their lofty levels, he was able to convey his own superior level of yiras Shomayim to them. Thus, he told them that they did not have to toil much, because they were close to him and therefore in a position to attain the required level of yiras Shomayim.


HAVING OUR WORK PERFORMED BY OTHERS

“That you may gather in your corn, and your wine and your oil” (11:14).

The Gemara (Brachos 35b) says that this posuk refers to a time when we do not fulfill the will of Hashem, because when we do, our work will be performed by others. However, the posuk preceding this one says, "And it shall come to pass, if you shall hearken diligently to my commandments etc." This sounds as if the promise contained in the following posuk envisages a situation in which we do fulfill the will of Hashem. How can this be reconciled with the Gemara?

There are two types of people who serve Hashem. Some serve Him out of fear or awe, the same way that a slave serves his master. It is this lower level that the above Gemara refers to as "not fulfilling the will of Hashem.” Only when we serve Hashem the same way as a son, who wishes to fulfill his father's every wish, are we considered to be "fulfilling the will of Hashem" completely and are deemed worthy of having our work performed by others.

PALACE OF THE KING

“And you shall put My words unto your heart and unto your soul” (11:18).

Rashi cites the Sifri which states that even after being exiled, we must still put on tefillin and affix mezuzos, so they will not be like new mitzvos to us when we return. They function like “indicators.” What is this coming to teach us? Surely our obligation to observe these mitzvos is not related to any specific place, and they are not merely “indicators” just because we no longer reside in Eretz Yisroel.

We find that Yaakov Avinu observed the prohibition against being married to two sisters in Eretz Yisroel. Due to the sanctity of Eretz Yisroel, the avos hakedoshim, when they were dwelling in the Palace of the King, felt the need to observe even mitzvos that they had not been commanded to observe. In chutz la’aretz, we keep the mitzvos because we have been commanded to do so by the Creator. That is what the Sifri means that they are “indicators.” In Eretz Yisroel, on the other hand, if we are worthy of sensing its holiness, we reach the level where we observe the mitzvos even without being commanded to do so, but rather because we feel the need to observe them in order to perfect ourselves with the luminosity afforded by the mitzvah.

When he was still a bochur, Rav Sternbuch went to see Rav Mordechai Pogromansky zt”l and told him that he was on the way to Eretz Yisroel. Rav Pogromansky asked Rav Sternbuch if he was ready to live there, since this requires one to live on a different level. For example, speaking lashon hara in Eretz Yisroel is not the same as speaking lashon hara in chutz la’aretz. Rav Pogromansky was in fact reluctant to agree to Rav Sternbuch’s going to live there at all, until he heard that the Chazon Ish zt”l had given his blessing for such a move. This should certainly serve as a stark reminder of the standards that must be maintained by those of us who live in Eretz Yisroel or even come for a visit.

Rav Pogromansky also warned Rav Sternbuch to be careful in Eretz Yisroel, since there were spiritual birth pangs of moshiach that had to be endured there, which would be followed by physical ones.


REJOICING IN HASHEM

“That your days may be multiplied” (11:21).

This posuk may be explained with the posuk in Mishlei (10:27) which states, “The fear of Hashem prolongs days, but the years of the wicked shall be shortened.” Since the days of the righteous are imbued with holiness and dedicated to keeping mitzvos and serving Hashem, each day is of incomparable significance and deserves to be counted as a day. The wicked, on the other hand, spend their time - at best - with vacuous matters, so that their days are not deemed to be “days” at all.

If we internalize the fact that Hashem is our Father, Who, in His great love for us, gave us the Torah and mitzvos in order to perfect ourselves, we will surely not squander our meager years here by pursuing wealth or other valueless worldly pursuits, but will rather focus on how to maximize whatever time has been allotted to us in order to realize the purpose of our existence, which is to keep the Torah and mitzvos in order to rejoice in Hashem and derive pleasure from the splendor of His Presence (Mesillas Yeshorim, Ch.1).

Order in Court

Question: I am a lawyer and I sometimes receive non-religious Jewish clients. Am I allowed to represent them in court and what is the halachah if the opposition are non-religious Jews?

Answer: Defending a Jew in court generally violates the requirement to take all of one's legal disputes to bais din. There are certain exceptions to this rule, yet appearing in court is a potential Torah prohibition, and one may not do so unless he has the permission of a bais din or a rav.

Settling Out of Court

Jews are supposed to settle all of their judicial disputes in bais din. The Rambam clarifies: "Any Jew who presents his case in a secular court is considered to be a rasha (evil). By choosing to go to court, it is as if he cursed and blasphemed the Almighty and lifted his hand against the Torah of Moshe Rabbeinu" (Sanhedrin 36:7)

The Shulchan Aruch rules like the Rambam and states that even if the two parties accept the ruling of the secular court, it is forbidden to judge before them. The Rama adds that someone who goes to court should be put in cheirem for his actions (Choshen Mishpat 26:1)

All this considered, two religious Jews should definitely resolve their issues in bais din. However, many of the Jewish clientele who lawyers deal with are secular Jews, who, in most instances, will not listen to the ruling of bais din and would not even consider going to bais din. How should they act in such situations?

Bais Din or Court?

The general rule regarding all cases is that one may not go to court unless he has permission from bais din or a rav. IF both sides are observant Jews, there are very few instances in which they will be permitted to go to court. If one or both of the parties are not observant, then there are certain cases when it is permitted, as long as one received permission beforehand.

One notable exception is a case in which Torah law is more lenient towards one of the parties that the secular law system is (e.g. one will not take money from another party unless there are two kosher witnesses). Judging according to Torah law is a privilege, and not everyone is entitled to this. Chazal tell us that if a non-Jew tries to free himself from paying money by taking his case before bais din as opposed to a secular court, bais din judges him according to secular law or sends him to court (Bava Kama 113a).

Another notable exception is if one of the parties is a Jew who does not follow the rulings of the Torah in other instances. Since he does not practice Torah, he should not be eligible to the leniencies that the Torah may offer. Under such circumstances, bais din would make sure that they are judged in a secular court and not in bias din, so that they should not receive the benefits of bais din without keeping the other mitzvos of the Torah.

The halachah that a non-religious-Jew may no take advantage of bais din is not a penalty. Rather, it is a decree that since they do not keep the Torah, they are not entitled to the benefits that the Torah offers. Therefore, even though in regards to many halachos non-religious Jews are treated as tinokos shenishbu and do not get the status of a mumar (heretic), this would not change the halachah in regards to this case.

While authorities agree that a non-religious Jew may not take advantage of bais din, it is not clear how far this ruling goes. Even if a Jew does not observe the Torah, it is forbidden to steal from him. Can we send him to a secular court even if they will take money away from him that according to halachah rightfully belongs to him, if we know that the secular courts will remove it from his possession?

Rav Akiva Eiger (Mishnah, Bava Kama 1:11) says that it is forbidden to send a non-Jew or a non-religious Jew to a secular court if they will unjustly take money away from him, for this is tantamount to stealing from him. The Rambam, however, implies that in all cases it is permitted to send them to a secular court, whether it is to prevent them from unjust gain or to take money from them according to the laws of the court system (see Even Ha'azel 5:8). Since each case differs and one is potentially transgressing a Torah prohibition, each case should be judged by a rav.

Business Law

In general, a lawyer should be versed in the laws of Choshen Mishpat, Jewish business law. Otherwise, questions will come before him and he may unknowingly violate Torah prohibitions. At times, he might cause money to be unjustly taken away or given to his clients or the individuals they are up against.

Even in instances when a lawyer is allowed to go to court with a non-religious Jew, he must make sure that the party he is going up against is not a religious Jew. Losing a tremendous amount of money is not a religious Jew to come to secular court. Only a thorough knowledge of these halachos and contact with a rav will save him from transgression.

Learning Tanach

Question: I am an avreich in kollel and I have been learning Gemara and halachah b'iyun for a number of years. I did not learn Tanach as a child and my knowledge of Nevi'im and Kesuvim is almost non-existent. I feel that there is something missing from my knowledge of Torah without Tanach, yet I am very busy with my other learning endeavors. Should I be spending time learning Tanach?

Answer: While learning Tanach is important, it can also be very dangerous. If a person is an accomplished talmid chochom (Torah scholar), then he should learn Tanach. However, if a person does not yet know Shas and poskim, he should focus his effort on them, and only learn Tanach afterwars.

Teach Your Children

The Rambam Talmud Torah 1:7 writes that a father is obligated to teach his son all of Torah Shbeksav (the Written Torah) and the Shulchan Aruch follows this ruling (Yoreh Deah 245:1) This implies that children should be taught Nach, yet the custom in many chadorim is not to teach it. What is the reason that we are seemingly so lax in fulfilling this halachah?

In truth, it is critical for every Jew to know Tanach. In fact, Rashi quotes Chazal who tell us that just as a bride is adorned with twenty-four pieces of jewelry, so too, a talmid chocham should be adorned with knowledge of the 24 books of Tanach. Yet, as important as it is to know Tanach there is also an inherent danger that lies in learning it.

Tanach explains many of the Almighty's attributes in physical terminology. While these references are anthropomorphic, there is always the possibility that one may take them literally and start to relate these characteristics to Hashem. Even if one realizes that these value, nonetheless, hearing these references over and over could lead us to a severe misunderstanding about the essence of the Almighty. For this reason, it is often more difficult to learn and teach Tanach than other sections of Torah.

Another reason why the learning of Tanach is downplayed is because the apilrsim (heretics) is downplayed is because the apikorsim have taken some of the pesukim of Tanach and twisted them to show that their crooked ways are true. The intentions of these apikorsim show that even the tzaddikim of Tanach transgressed, and that in the backdrop of all of the misdeeds that are found in Tanach, their actions are not so bad. Chas veshalom to be drawn after such perverted thinking!

The Chasam Sofer (Torah Moshe, Parshas Shemos) adds another dimension to this halachah. He explains that after the non-Jews had the Torah translated into Greek, the Jewish people started being drawn after the simple meaning of the verses of the Torah and started to reject the drashos of Chazal. We see the after-effects of this today and therefore must be extremely careful when it comes to learning and teaching Tanach.

Chazal, in fact warn us to restrain one's children from learning higayon (Brachos 28b). Rashi explains that this refers to teaching them too much Tanach, especially Neviim and Kesuvim. In this vein, Rashi writes that a father is only obligated to teach his son Chumash and not the rest of Nach (Kiddushin).

Tosafos in Maseches Kiddushin adds that since Talmud Bavli consists of a composite of Tanach, Mishnah and Gemara, one fulfills his mitzvah of learning all three of these parts of Torah through learning Shas. Based on this, the Shach (Yoreh Deah 246:5) explains why we do not teach Tanach to children. We rely on the fact that the Gemara contains pesukim of Tanach, and all the verses of Tanach that we need to know in order to fulfill the mitzvos properly will be seen eventually by someone who is learning Shas.

This restriction only applies to a person in his early years of learning. During this time, a person should focus on learning Chumash, Mishnah and Shas. Someone who has been studying Torah for a number of years and has already filled himself with Shas and poskim should set aside time to learn Tanach. In doing so, he adorns himself with the 24 seforim of Tanach.

When learning Tanach, one should keep in mind that without the aid of Chazal, it is impossible to understand Tanach properly. Metzudas, Radak, Abarbanel and Malbim are some of the meforshim that open up the stories of Tanach and help us understand their deeper meaning. Even with the help of their explanations, there are still many parshiyos in Tanach that are difficult to understand properly.

Protecting ourselves from Murder

Question: What is a Torah perspective on the murder of Leiby Ketzky z"l that took place in Brooklyn and the recent murder of Rav Elazar Abuchatzeirah zt"l in Eretz Yisrael?

Answer: These incidents are a result of society's sensitization of the value of human life and the general state of impurity that exists in the world today. We must try and separate ourselves from this impurity in order to resensitize ourselves.

Unbridled Killing

Rav Elazar Abuchateirah zt"l was a grandson of the Baba Sali and a son of Rav Meir Abuchatzeirah. Thirty years ago, Rav Meir reported that Rav Shimon bar Yochai came to him in a dream and told him that Rav Elazar would be murdered. Unfortunately, this week that dream became a reality.

The person who killed Rav Elazar was supposedly a rebbi in a cheder and considered himself to be a religious Jew. How can a person reach such a low level to commit one of the most serious transgressions in the entire Torah? We can ask the same question about the recent murder in Brooklyn.

We can gain some insight into these incidents from Moshe Rabbeinu, who set aside three arei miklat (cities of Refuge) on the side of the Jordan River across from Eretz Yisrael. In the whole of Eretz Yisrael, Moshe Rabbeinu only set up three of these cities of refuge. Why was there the same number of arei miklat across the Jordan River if the number of Jews living there was significantly less?

Chazal tell us that the reason that three cities of refuge were needed across the Jordan was because there were many murderers in Gilad. However, this does not seem to be sufficient reason to set up these cities. These people killed bemeizid, intentionally, and the arei miklat were only for those who killed beshogeg, unintentionally.

The vast numbers of murders that took place in Gilad lessened the severity of this transgression in the eyes of the populace. Once killing was not considered such a grave transgression, people were not careful to guard themselves from it. As a consequence, in addition to all the people killed intentionally in Gilad, many were killed unintentionally as well.

Maintaining Sensitivity

We live in a world where people are constantly exposed to murder on the internet, in the media, and in movies. As a result, killing no longer has the same gravity it once had, and in the past weeks we have seen the results with these murders that have taken place. How can we regain our sensitivities and ensure that we will not be dragged along with the tide that is sweeping the world?

The Torah tells us that when people come to testify that a person must be killed for a transgression, the witnesses must be the ones who actually carry out the punishment. IN doing so, one fulfills the command of "Uvi'arta hara'ah mikirbecha", which, on a simple level, means destroying the evil amongst you. What is the deeper significance of this command?

Rav Meir Simcah, the Ohr Same'ach, explains that seeing a transgression takes place will inevitably numb the senses of those who witnessed it. Carrying out the capital punishment will help them regain their sensitivities to the seriousness of the sin that happened. By doing so, they accomplish "Uvi'arta hara'ah mikirbecha" on a personal level. They remove this evil influence from within themselves.

We must try as much as possible to distance ourselves from contact with things that dull our senses towards murder. Fortunate is a person who can stay away from these influences and not let his sensitivities be destroyed. By guarding one's eyes from seeing many of the abominations which are dragging the world down at a rapid pace, he has a chance of protecting himself from this evil.

We must try as much as possible to distance ourselves from contact with things that dull our senses towards murder. Fortunate is a person who can stay away from these influences and not let his sensitivities be destroyed. By guarding one's eyes from seeing many of the abominations which are dragging the world down at a rapid pace, he has a chance of protecting himself from this evil.

A person who works in bringing Jews back to Torah may be forced to come in contact with these negative influences. While he is certainly performing critical work for Klal Yisrael, he should remember that when a person touches things at that are not clean, his hands will inevitably become dirty. They must take special measures to ensure that their sensitivities are not destroyed.

Gehennom under his Feet

It is well-known that Rav Yitzchok Zeev Soloveitchik, the Brisker Rov, lived with constant recognition of the reality of gehennom. So much so that people described the Brisker Rov as living with gehennom under his feet. How did the Rov achieve this level of sensitivity?

When the Brisker Rov was six years old, his father, Rav Chaim Brisker, explained to him what gehennom was like. This conversation had a major impact on the young Yitzchok Zev. For the rest of his days, he lived with a constant fear of what gehennom would be like.

We live in a world where immorality is rampant, and the severity of transgressions is increasing daily. Just a few hours before the murder of Rav Elazar Abuchatzeirah, 1,500 sinners paraded on the holy streets of Yershalayim, flaunting the fact that they engage themselves in one of the most heinous transgressions of the entire Torah. This abhorrent act took place a short distance away from the place of the Bais Hamikdosh.

Events such as these drag down the entire generation and take away sensitivities towards holiness. We must try and do whatever we can to avoid the impact of their actions and preserve feelings of kedushah. The more we can hold on to these feelings, the less we will be harmed from their destructive influence.

By Rav Moshe Sternbuch


42 JOURNEYS


“These are the journeys of the Bnei Yisroel...and Moshe wrote their goings forth, stage by stage, by the commandment of Hashem” (33:1-2).


The Torah is usually very sparing with its words, and yet in this parsha we find 42 journeys in the desert enumerated, together with all the place names. The Medrash says that all these places were mentioned because, in the future, Hashem will cause these arid places to flourish. The fact that the Bnei Yisroel settled in these places accords them importance and sanctity. All the more so, concludes the Medrash, do the homes of people who host talmidei chachomim acquire sanctity. The very presence of a talmid chochom in a house elevates it.

In the days of Moshiach, Hashem will lead the Jews into Eretz Yisroel through these very same places in the desert. They thus served as a preparation for the future redemption. We also have a tradition that all the tragedies and misfortunes of this bitter exile are hinted at in the 42 journeys of this parsha. When Moshiach comes, the secrets of Hashem's Providence will be revealed to all.

On the plain level, the enumeration of these 42 journeys teaches us that neither Eretz Yisroel nor the future redemption are acquired easily, but only following many stops on the way accompanied by much suffering. Rav Yechezkel Abramsky zt”l used the following parable: People who swam across the Channel separating England from France would be awarded a prize. There was one swimmer who, just before reaching the French side, declared that he just could not swim any further. People tried to encourage him and convince him of the folly of giving up his prize just before attaining it, after having invested so much time and energy. Similarly, we have suffered so many tragedies during this long exile. All we have to do is hang on with determination and perseverance, because we are almost there.


AHARON’S DEATH

“In the fifth month, on the first day of the month” (33:38).

The Torah does not mention the date of death of anyone else, not even of the forefathers. Because of his peace-loving nature and ability to reconcile even sworn foes, Aharon’s death was felt universally by the whole nation. The Torah emphasizes this fact by mentioning the date of his death and thereby implying that even though it was Rosh Chodesh, on which no eulogies are ordinarily held, an exception was made for Aharon due to the enormous impact of his passing.


MITZVAS YISHUV ERETZ YISROEL


“And you shall drive out the inhabitants of the land, and dwell therein” (33:53).

The commandment to dwell in Eretz Yisroel is made conditional on driving out not only idolatrous inhabitants, but also idolatry. Rav Yosef Chaim Sonnenfed zt”l was once asked why he did not call for all the Jews in the Diaspora to come and live in Eretz Yisroel in order to fulfill the important mitzvah of yishuv Eretz Yisroel.

He replied that we can learn from the precedent of the mitzvah of bris milah, which is not less important than mitzvas yishuv Eretz Yisroel. After all, it even overrides Shabbos, and yet if someone had two sons who died as a result of the performance of this mitzvah, the third son is not circumcised. Similarly, concluded Rav Sonnenfeld, unfortunately, many people suffer a spiritual death, which is worse than physical death, due to the heretical atmosphere prevalent in Eretz Yisroel, and so I cannot encourage people to come and live here, because a person is not obliged to expose himself to such a danger, and he must wait to fulfill this mitzvah until he is certain that no danger will be posed to the spiritual future of himself or his family as a result of living here.


CONDITIONAL SANCTITY

“This shall be the land that shall fall unto you for an inheritance” (34:2).

The Medrash says that this teaches us that Hashem showed Moshe all future events that were due to take place in Eretz Yisroel, and the leaders of each generation, both righteous and evil. What connection does this have to showing Moshe the nature of the country?

Moshe Rabbeinu did not yearn to see Eretz Yisroel like a tourist wishing to enjoy some beautiful scenery. What he wished to experience was the ways in which the Shechinah dwelled in Eretz Yisroel. Hashem showed him that the degree of sanctity in this country differed from generation to generation, in accordance with the sanctity of its leaders and of each specific generation as a whole. The extent to which the Shechinah would dwell in Eretz Yisroel in future generations depended on the level of the nation at any particular moment in time.

Anyone learning or supporting Torah in Eretz Yisroel participates in the mitzvah of conquering the country from the powers of tumah which seek to defile it and lower it to a level considered to be corrupt even by the standards of the metukanim (those with a basic degree of morality) among the non-Jews and thereby cause the Shechinah to dwell in Eretz Yisroel.


NO BRIBERY

“You shall take no ransom for the life of a murderer (35:31).

It seems strange that the Torah should have to state that a murderer cannot achieve atonement by paying compensation to the relatives of his victim. Of what value is money compared to the life of a person?
The posuk is actually coming to warn the wicked person against deluding himself into thinking that he can atone for his sin by giving charity. Only by repenting completely for his sins and receiving the punishment allotted to him by the Torah can he cleanse his soul and achieve complete atonement.
Similarly, we must realize that the Creator cannot be “bribed,” not even with mitzvos. A mitzvah cannot extinguish a sin, and a person's sins can only be erased with complete repentance, which purifies a person from all his iniquities.

SINNING IN ERETZ YISROEL

“You shall not pollute (literally: flatter) the land” (35:33).

Some people imagine that due to its great sanctity, Eretz Yisroel atones for all sins committed in it, and that by observing mitzvas yishuv Eretz Yisroel, they receive atonement for all their sins. In reality, the opposite is the truth: The blemish caused by sins committed in Eretz Yisroel is actually far greater than that of sins committed in chutz la’aretz, as is the punishment for transgressors in the Palace of the King.

ZIVUGIM>
“

Let them be married to whom they think best; only into the family of the tribe of their father shall they be married” (36:6).

There is an apparent contradiction here. The first part of the sentence implies that they can be married to whomever they wish, even if he is not a member of their father’s tribe, whereas the latter part seems to limit their choice to members of their father’s tribe.

The daughters of Tzelafchad were exceptionally righteous, and therefore their zivug (predestined marital partner) was prepared for them forty days before conception. Hence, Hashem would guide events in such a manner that they would choose their zivug, so that the person whom they favored as a husband would, by definition, also be a member of their father’s tribe, because their zivug could not possibly be anyone outside that tribe.

Nowadays, most people marry not their zivug, but the person whom Hashem deems worthy of being their partner based on their deeds, because even the first marriage of most people these days has the status of a zivug sheini (which is based on the deeds of the people involved).


MANSLAUGHTER ON THE ROAD

The arei miklat (cities of refuge) were designated only for someone who unintentionally killed another person. If a person acted so recklessly that his action was deemed to approximate a deliberate act (shogeg karov lemeizid) rather than a completely inadvertent action (shogeig), the perpetrator was not entitled to seek refuge in an ir miklat. Moreover, even someone whose action was accompanied by the requisite degree of inadvertency was still permitted to be killed by the go’el hadom (person avenging the murder) should he step outside the ir miklat. Clearly, even completely inadvertent manslaughter is a grievous sin.

Thankfully, despite two recent anomalous events (concerning which the reader is referred to the “Shailos Uteshuvos” in this week’s Yated), it may be assumed that almost none of us have descended to the level where our nekudas habechirah (level of free choice, a coin termed by Rav Eliyahu Eliezer Dessler zt”l) would permit us to murder someone intentionally. However, when it comes to manslaughter, there is another area relevant to all of us, which must be emphasized.
Traffic laws overseas or in Eretz Yisroel are not only binding halachically, but Torah legislation in fact mandates much stricter laws to ensure the safety of car passengers and pedestrians, so that anyone who does not abide by even the minimal standards of non-Jewish (or Israeli) regulations, whether they pertain to speed limits or any other matter, is a wicked sinner, and the magnitude of his sin should something, G-d forbid, happen due to his negligence cannot be overestimated. Especially during the period leading up to Tisha B’Av, we are required to take special care in this area.

By Rav Moshe Sternbuch

MOSHE RABBEINU’S PROPHECY


“This is the thing which Hashem has commanded” (30:2).


What is the Torah conveying to us with this phrase? The second Article of Faith outlined by the Rambam in his introduction to Perek Cheilek is that the prophecy of Moshe Rabbeinu is fundamentally different from that of all the prophets preceding and succeeding him. Moshe Rabbeinu came the closest possible to "seeing" Hashem, as it were, and for this reason we received the Torah from him. "This is the thing" refers to the aspaklaria me’irah (clear vision) which Moshe Rabbeinu, alone among all the prophets, had the privilege of experiencing.

ORAL POWER


“He shall not break (yachel; literally, desecrate) his word, he shall do according to all that proceeds out of his mouth” (30:3)


Speech is the most important attribute of the human being, which distinguishes him from the animals. The Ohr Hachaim Hakadosh comments that if someone sanctifies his speech and refrains from speaking profane words, Hashem helps him and will act on the basis of “all that proceeds out of his mouth” by fulfilling all his wishes.
The Ohr Hachaim adds that nothing matches the sanctity of Torah, and a mouth that utters words of Torah becomes sanctified like a kli shoreis (vessel in the Bais Hamikdosh). A person living with the awareness of the power of speech, and who has sanctified this most important organ, will not contemplate profaning it with forbidden speech such as lashon hara and leitzonus. This also gives us some insight into how the blessings uttered by the mouths of great personalities, who have spent their lives sanctifying their speech organ, can have such a powerful effect.

FEAR OF FIRE


“And Hashem will forgive her” (30:6).


Rashi quotes the Gemara (Nazir 23a) which states that this refers to a woman who made a vow to become a nazir and whose husband heard the vow and annulled it without her knowledge. She then transgressed her vow by drinking wine or coming into contact with a dead person. This woman requires forgiveness, even though, in reality, her vow had been annulled. The Gemara (Kiddushin 81b) says that Rabi Akiva cried when he reached this posuk, saying that if the Torah says that someone who intends to eat pork and inadvertently eats kosher meat requires atonement, then if someone intends to eat pork and in fact does so, how much more so does he require atonement.
The Torah on several occasions talks about atonement for inadvertent transgressions. What, then, was it about this posuk that moved Rabi Akiva to tears? Anyone committing a sin, aside from the damage caused by transgressing the word of Hashem, also sins through his very thoughts and desires to commit a sin, which in and of themselves are considered to be a great sin requiring forgiveness. The person who inadvertently ate kosher meat did not perform any sinful action, but still requires atonement for his evil intention to eat chazir.
Hence, as part of his atonement, it is not sufficient for him to just undertake not to eat any more chazir. Rather, he must uproot his desire to sin altogether to the point that he no longer feels any such desire. Just like a person instinctively fears fire and is afraid to even approach it, so should a person feel towards committing a sin or even coming close to doing so.


ANNUAL JUDGMENT


“He shall bear her iniquity” (30:16).


This refers to the opposite situation, in which a husband apparently annulled his wife's vow after having upheld it. He only tells his wife about the annulment, which in reality had no effect. The wife then acts as if her vow had actually been annulled. The posuk tells us that the husband bears complete responsibility for his wife's inadvertent sins committed as a result of his deceit. The Sifri adds that this teaches us that anyone who causes another person to stumble receives the punishment for that other person's actions.
Conversely, if someone assists or is instrumental in the performance of another person's mitzvos, it is considered as if he himself performed those mitzvos, and he has a share in their reward. This is yet another incentive for getting involved in outreach work.

Similarly, a person is judged every year on the day of his death. Although a person is judged immediately after he dies, this process is repeated on an annual basis. If the deceased caused other people to sin during his lifetime, he is judged every year for those actions and their ramifications since he has died. If he caused others to perform mitzvos and good deeds during his lifetime, his soul becomes elevated through his annual judgment due to all the actions performed in the meantime by those people, and by others as a result in a never-ending chain of events. The yahrtzeit of a tzaddik is considered to be a festive occasion (hilulah), because the assumption is that he only had a positive influence on other people when still alive, and we celebrate the further elevation of his soul due to all the actions performed since his death.


IMMORALITY AS A PHILOSOPHY


“Avenge the Bnei Yisroel of the Midiantes…arm yourselves with men” (Rashi: tzaddikim)from among you for the war” (31:2-3).

Although it was Moav that had caused the Jews to sin and Midian had merely provided advice, Moav had been motivated by a desire for immorality, as opposed to Midian, which believed wholeheartedly in the cause of desecrating the holiness of Hashem's nation and driving a wedge between them and Hashem.
The Brisker Rov zt”l opposed the cooperation between Agudas Yisroel and the Mizrachi in a United Religious Front for the purpose of the Knesset elections. He argued that since the Mizrachi espoused joint activity with irreligious or even antireligious elements, and due to its at best lukewarm attitude to Torah learning and the observance of certain mitzvos, any cooperation with that movement was out of the question. It was one thing to transgress, but quite another to have a policy advocating transgressions.

Rashi cites the Medrash Tanchumah that only tzaddikim were chosen to fight this war. This teaches us that when people seek to permit and justify immorality as a matter of principle, it is incumbent on any Torah-observant Jew to fight Hashem's war peacefully against those who wish to transgress His will. This applies to the legalization of immorality and, even more so, to protesting those who promote immorality and declare their pride in being immoral in the Palace of the King.


ACTION BEFORE INTELLECT


“A thousand of every tribe” (31:6).

The Medrash says that none of the tzaddikim who were sent to the war against Midian put on his tefillin shel rosh before his tefillin shel yad. The tefillin shel rosh symbolize the dedication of our minds to Hashem, whereas the tefillin shel yad symbolize our service of Hashem through active mitzvos. Moshe Rabbeinu was not interested in philosophers with a tenuous connection to Torah observance.
We, too, must keep the mitzvos because Hashem commanded us to, even if we do not comprehend the reasons for them. Only once we have become punctilious about our mitzvah observance should we start delving into their profound reasons and endeavor to develop our devotion to Hashem through those mitzvos.
For this reason, too, someone who puts on only a tefillin shel yad has fulfilled the mitzvah of tefillin, but someone puts on only a tefillin shel rosh has not. The emphasis is always on naaseh¸ the active unquestioning performance of mitzvos, before nishma, intellectualizing, and even before emotional devotion.
Moshe Rabbeinu wanted only first-rate tzaddikim who would perform the Divine commandment of avenging ourselves against Midian, without wondering about the ethical justification for destroying the men, women and boys of a whole nation. He wanted people who subjugated their intellect to the Divine will.


PROTESTING IMMORALITY

“To make atonement for our souls before Hashem” (31:50).

The Seforno states that this refers to atonement for not having protested those who sinned with Baal Peor. This seems difficult, since the Gemara (Shabbos 64a) states clearly that they had sinful thoughts which required atonement and were not only held responsible for failing to protest the sins of others.
However, there is no contradiction. If someone does not protest the sinful actions of others, it is a sign that he does not consider those actions to be so terrible. Such a person will also be likely to have sinful thoughts to perform those very same actions. Thus, the explanations of the Gemara and the Seforno in fact complement each other. In our day, it is incumbent upon us to protest vigorously any breaches of immorality leading to sinful thoughts, such as immodest clothing or the various media through which people can access the worst types of material.


CASH MENTALITY

“We will build sheepfolds here for our cattle” (32:16).

The members of the tribes of Gad and Reuven are criticized by the Medrash for being overly concerned with their money and property. “Who knows what will happen during the many years of conquests and settling the country?” they figured. Lacking sufficient bitachon, they wanted "cash" here and now. They preferred to make do with the territory on the other side of the Yardein, fearing the uncertainty of the future, and even though these territories did not have the spiritual advantages of Eretz Yisroel, they willingly waived the share that they were destined to receive in Eretz Yisroel.

Although this mentality may make perfect business sense, they were supposed to live on a higher level than that. If Hashem had promised them a portion in Eretz Yisroel, they should not have given that up due to unfounded fears about the future. Living in the present can be a sign of bitachon, but only if we do so because we trust in Hashem to provide for our needs in the future. If living in the present is accompanied by worry about the future, then that is the opposite of bitachon.

UNITY THROUGH SEPARATION

“And Moshe gave to the children of Gad and the children of Reuven and to half the tribe of Menashe” (32:33)./span>

The Moshav Zekeinim asks why Moshe gave the territory to half the tribe of Menashe, even though they did not request it. He answers that the land on the other side of the Yardein was very large and the tribes of Gad and Reuven did not require all of it. Menashe was the tribe chosen to inherit this territory together with the other two tribes because their forefather, Yosef, had caused his brothers to tear their clothes (Bereishis 44:13), and therefore Menashe's inheritance was split into two parts.

This teaches us the depths of Divine justice. Even though Yosef acted legitimately towards his brothers, nevertheless, since he was the source of their distress, he was punished for all future generations by having his tribe divided. By the nature of things, there would be a lot of interaction between the two parts of the tribe of Menashe. They would be unified socially and emotionally despite the natural separation of the Jordan River. Thus, this punishment served as an antidote to Yosef’s original sin, which stemmed from a lack of brotherly love.

With Rav Moshe Sternbuch, Rosh Av Bais Din of Yerushalyim

BAS PLONI TO PLONI

The Gemara in Maseches Sotah (2a) states that 40 days before a baby is fully formed, a Heavenly voice proclaims that the daughter of ploni will marry ploni. From Chazal it appears as if everything has already has been arranged in Shomayim (heaven) and there isn't much room for human intervention. Where is the place for tefillos and histadlus?

"Everything is in the hands of Heaven except for fear of Heaven" (Brachos 33a)

The Rambam explains that "everything" refers to minhag ha'olam, the way of the world, and "fear of Heaven" includes human action. This implies that when trying to accomplish something in this world, a person must take the normal measures that are followed.

In order to strengthen this understanding, the Rambam poses the following question: The Torah exempts a man from the army during the first year of his marriage, "lest he die in battle and another person take her as a wife." If all marriages are "made in Heaven" then why should one consider such possibilities?

The Rambam derives from here that the announcement of "bas ploni leploni" is a special reward that some people are given. It does not apply in every situation, and in many cases the zivug is decided based on a person's merits and actions. Therefore, a person must daven and make the normal hishtadlus, and should not merely wait for the Heavenly proclamation to transpire (response of Rambam 436 and commentary on Avos 4:22)


HISHTADLUS


We all know that the Al-mighty single-handedly runs and guides the world according to His will. Yet, with the spiritual downfall prevalent in today's society, it is often difficult to see His Hand in action. If we look at life superficially, we might not recognize that the Al-mighty is behind it all.

There is one area left in the world in which His intervention is clear. When it comes to shidduchim there is no doubt that the Al-mighty alone is in charge. For example, at times, boys and girls who have everything going for them have difficulty finding their zivuggim, while others who do not have their qualities get engaged right away.

"A person does not have any portion in the Torah of Moshe Rabbeinu until he knows that everything is miraculous and that there is no such thing as nature." (Ramban, end of Parshas Bo) If so, what makes the area of shidduchim different than anything else? Since it is still recognizable that the Al-mighty controls this area of our lives we have more of an obligation to recognize it and turn to Him as our only Source of hope.

MAIN QUALITIES

Rav Sternbuch once asked the Chazon Ish what the most important quality to look for in a wife is. The Chazon Ish replied that if she is a bas Torah, the main thing to look for in a spouse is flexibility. If someone is flexible then they will be able to settle whatever issues come up afterwards.

Rav Sternbuch relates another incident in which a bachur asked the Chazon Ish about marrying a certain girl. She came from an affluent family and wanted someone who would learn and also work, but was willing to sacrifice and take a boy who was only learning Torah. Should he pursue this shidduch further?

The Chazon Ish replied that he should definitely not consider it. Marrying a ben Torah is the greatest privilege possible, and therefore he should find a girl who appreciates this and does not view it as a sacrifice. The boy married a much simpler girl and today is a well-known talmid chacham.

EXCESSIVE DATING

Living amongst non-Jews has taken its toll on the Jewish people. Their influence has caused us to take on some of their practices which contradict the ways of the Torah. The secular world is rooted in non-Torah philosophies, and the area of dating has been especially hard hit from these influences.

Some people maintain that they cannot get married until they feel a very strong attraction for the person that they are dating. They meet for months on end until they are convinced that t they are ready to get married. Sometimes, at the end of this drawn out dating period, they will finally find some reason not to get engaged and the shidduch will be off.

Generally, people are only hurting themselves by following this practice. People hope that in the course of the dating, they will weed out all of the potential problems that could come up in marriage. At times, the opposite is true, if they had gotten married, most of these problems would be overlooked.

We must be aware that love before marriage is not a Torah concept. If the couple gets along ell, they can build a Torah home together and in most cases can finish off the shidduch and get engaged. This was the way that Jewish homes have always been built.