09-5767 Mitzvah 38

Talmidav Shel Aharon
09-5767 Mitzvah 38
December 25, 2006

Mitzvah 38 – It is a positive commandment to give to the poor
Hafetz Hayyim: As it says in Scripture: “Your shall surely open your hand etc.” (Deut. 15:8) and the Sages interpret this to mean even many time when necessary. And Scripture says further, “then you shall uphold him, the stranger and the sojourner (referring to the non-Jew who follows the 7 laws of Noah) that he may live along with you” (Lev. 25:35) and it states further “That your brother may live along with you” (Lev. 25:36)
One has to give according to what is suitable for the needy person and according to what he is lacking. If he as no clothing, his is to e clothed, and so provided with other things that he needs. If the donor’s means are not enough, he is to give him as he is able to: even a poor person who is sustained by charity has a duty to give charity to someone else.
A poor man who is related to him takes precedence over everyone else. The poor of one’s house take precedence over the poor of the town; the poor of his town take precedence over the poor of another town for Scripture says: “you shall surely open your hand to your brother, your poor man, and to your needed person in your land.” (Deut. 15:11)
If someone sees a penniless person seeking alms and he hides his eye from him and give him no charity, he disobeys this positive mitzvah and violates a negative commandment. It is a very severe transgression and he is called a scoundrel, a sinner and a wicked person.
We are duty bound to be more careful of the Mitzvah of charity than about all the other positive commandments; for charity is a distingu9ishing characteristic of the descendants of Abraham. The throne of Jewry is not properly established, nor can the faith of truth endure except though charity, since Scripture says, “Zion shall be redeemed with Judgment and those of her that return, with charity.” (Isaiah 1:27) So if anyone is merciless, his lineage has to be suspected; for the cruel lack of mercy is found only among the idolaters as Scripture says, “they are cruel and have no compassion” (Jer.50:42” All members of Jewry are as brothers (see Deut. 14:1) and if a person won’t have compassion on his own brother, who will take pity on him? To whom should the poor in Jewry life up their eyes beseeching help – to those who hate and persecute them? So their eyes look only to their brethren.
Now, it is necessary to give charity with a cheerful face, happily. Nothing bad ever results from charity. No one becomes poor from giving it, as Scripture says, “the work of righteousness shall be peace.” (Isaiah 32:17)It is necessary to calm and cheer a poor man and it is forbidden to rebuke him or raise one’s voice to him in shouting, because his heart is broken. And woe to anyone who shames a poor person.
If a person coerces other to give charity, his reward is greater than the reward of the one who gives. And whoever acts with compassion will be treated with compassion (see Deut 13:18) As for redeeming people in captivity, there s no greater religious duty than that. Whoever hides his eye from that transgresses many positive and negative commandments.
This is in effect at all times and it every place for men and for women.

In this lengthy message, the Hafetz Hayyim tries to stress the importance of Tzedaka, Charity. As we can plainly see, there are many quotes from Scripture that relate to acts of Tzedaka, to note the reward for giving and the punishment for closing one’s hand to the poor.
While the translator equates Tzedaka with “charity”, there really is a difference. Charity implies giving when one is moved to give. Tzedaka is based on the word for “justice”, and implies that we have an obligation to give, not just because our heart is willing.
Since the Hafetz Hayyim has gone on so long with the details of giving, I will keep my remarks short. He has clearly outlined the responsibility for every Jew to give. What he does not say is where the money should go. He notes that one should support one’s own family first and then the causes in one’s own city. Only then should we be concerned with needs elsewhere. He also notes that Jewish causes should come before secular ones since it should not be expected that non-Jews should give to Jewish causes.
One should give cheerfully, and never, ever embarrass a poor person. This is equal to killing the one embarrassed and is a serious crime. One should not be mean or cruel to the poor, but helpful and supportive. Note also that, according to Maimonides, the highest form of Tzedaka is to help a person get a micro-loan or a job so that they will break out of the cycle of poverty that keeps them begging for money.
Finally, collecting funds to redeem a captive is one of the highest forms of Tzedaka. This reflects the ancient practice of kidnapping a person and selling them into slavery. To this very day, the State of Israel will do whatever it can to bring home captive soldiers. The only limit to this is that the Sages warn not to pay too much or offer too much to redeem a captive lest the captors make a career kidnapping and ransoming Jews.
In sum, we all have an obligation to support those who are in need. We can choose who we will support, but we can’t turn our eyes away from the poor. This is one of the Mitzvot that point to the very essence of being a Jew: At the end of the day, we help and support each other.

08-5767 Mitzvah 37

Talmidav Shel Aharon
08-5767 Mitzvah 37
December 18, 2006

Mitzvah 37 – It is a positive commandment to rest from work on the day of Shemini
Atzeret.
Hafetz Hayyim: As it says in Scripture: “On the eighth day there shall be a holy convocation.” (Lev. 23:36) The Law is the same as for the first day of Pesach. This is in effect at all times and it every place for men and for women.

While the Hafetz Hayyim is correct, that the laws of Shemini Atzeret are the same as the laws for the first day of Pesach (except we are allowed to eat Hametz and not restricted to Matzah). Shemini Atzeret is a full festival and all the laws that relate to working and praying on Festivals apply to Shemini Atzeret as well as Pesach and Shavuot.
But we would be doing a great disservice to Shemini Atzeret if we described it only as “just another festival”. In spite of the fact that it comes the day after the last day of Sukkot, it is not the same as Sukkot. You do not wave a Lulav and Etrog, and one is not required to live in a Sukkah. Its purpose is as enigmatic as the purpose of Shavuot. Shavuot, if you remember, is the holiday that follows 7 weeks after the beginning of Pesach and has not special rituals nor historical explanation. Later Rabbis did some math and determined that Shavuot was the day the Torah was given at Mt. Sinai. Shemini Atzeret suffers from the same problems. It comes on the eighth day after a seven day festival and also has no historical explanation. Sukkot is all about the harvest but what is the meaning of Shemini Atzeret? Noting that Sukkot is an international holiday, with rituals on behalf of the other nations of the world, The Sages of the Talmud saw Shemini Atzeret as the day after the festival, when all the other people have been sent home and we ask our “family” to say behind and join us for another day.
Since all holidays celebrated outside of the Land of Israel, get a day added to make sure there are no Calendar issues, Shemini, a one day holiday, takes on a second day. The second day, however, has taken on a life of her own. The second day of Shemini Atzeret is called Simchat Torah, and it is designated as the day we complete our annual reading of the Torah and start it over again. It seems that whenever the Rabbis are in doubt as to the meaning of a holiday, the just assign it some importance in relationship to Torah.
We are not even sure what the term “Atzeret” actually means. It is generally defined as a Festival, a holy convocation, a time to gather for a holy purpose. We have no idea why the two biggest festivals on the Calendar, Pesach and Sukkot, have an Atzeret following them, for Sukkot, the additional holiday comes right away, but for Pesach, it comes seven weeks later. In spite of all the mystery, we celebrate Shemini Atzeret. There is a Yizkor memorial service on the first day, and the wild and crazy celebration of Torah on the second day. After a month full of holidays, it will be the last full festival until Pesach. Only the minor holidays of Hanukah, Tu B’Shevat, and Purim will interrupt the winter.

07-5767 Mitzvah 36

Talmidav Shel Aharon
07-5767 Mitzvah 36
November 27, 2006

Mitzvah 36 – It is a positive commandment to take up the four species on Sukkot.
Hafetz Hayyim: As it says in Scripture: “And you shall take for yourselves on the first day the fruit of splendid trees, branches of palm trees, boughs of thick trees and willows of the brook.” (Lev. 23:40) This means on Lulav (palm branch), one Etrog (citron), three myrtle branches and two willow branches. One must hold them in the same position that they grow. Once he has lifted them, he has fulfilled the Mitzvah. The entire day is the proper time to take them up. The Sages have declared that they are taken up each of the seven days of the festival, not just the one day that the Bible requires. We do not take the species up on Shabbat, the Sages have forbidden this even if the first day is Shabbat for fear that one may carry them which would be a full violation of Shabbat. If one of the four species is disqualified or missing, the entire set can not be used. You cannot use a borrowed set on the first day of Sukkot but you can on the other days. A stolen set is always disqualified. A child who knows how to wave them properly should wave them even if he is under legal age in order to train him in the Mitzvot. This is in effect at all times and it every place for males but not for females.

A Lulav and Etrog set are known as “The Four Species” and that is the better name since the set includes more than just a palm branch and Etrog. The origin of these branches is a big mystery. The bible requires them, but is unclear just which species are included (thick trees? Splendid trees?) The Etrog is particularly a problem since it is not native to the Middle East. It came through trade to Babylonia in the seventh century and was probably picked up by the Israelite exiles there and brought back to Israel when the exile was over in the sixth century. The book of Nehemiah seems to think that the fruit of splendid trees was olive branches. That would make a lot of sense. Perhaps, in the Greek period, when olive branches were used in pagan rituals, the Etrog was substituted for the olive.
They are held together with the braches down and the leaves pointing up, which are the way they grow naturally. The palm branch is in the middle and with the spine of the palm branch facing you; the myrtle branches would be on the left and the willow on the right. These branches are bound together and held in the left hand. The right hand holds the Etrog, with the stem down and the pitom (the remnant of the Etrog flower) up. When we take up the set for the first time each day, we recite the blessing. Since we can not take the set until we say the blessing and can’t say the blessing without the set, we take the set but hold the Etrog upside down (pitom down) say the blessing and then turn it over before we wave it in the six directions: East, South, West, North, Up and Down. We shake the Lulav three times in each direction, not more, not less. On the first day one also recites the Shehechiyanu.
While one can take the Lulav up all day, it is used on Sukkot in the morning service for Hallel and Hoshanot. It is waved during the recitation of Psalm 118 at the beginning and near the middle and near the end. It is not waved but paraded around the synagogue during Hoshanot. Once each day of Sukkot it is paraded around the synagogue and then it is paraded seven times on the last day, Hoshana Rabba.
It is particularly praiseworthy to have a beautiful set and to carry the Etrog to and from the synagogue in a beautiful carrying box. You should own your own set but you can borrow a set if you do not own one. One can’t use a stolen set at all.
Children who are old enough to use a set, should have a training set to get used to fulfilling the Mitzvot, but they are not obligated to wave the four species until after Bar or Bat Mitzvah.
The Hafetz Hayyim may not require women to wave the four species as it is a time bound mitzvah for which women would be exempt, but Conservative Judaism does require women to wave the four species and women should have their own set.

Hillel Konigsburg asks: Is it one should be able to see the stars or that one has to see the stars? (when standing in the Sukkah). I was always under the impression that it is suggested but not required.Rabbi Replies: You are correct, it is a sign that the top has been arranged properly, it is not a requirement to see the stars.

06-5767 Mitzvah 34 & 35

Talmidav Shel Aharon
06-5767 Mitzvah 34 & 35
November 20, 2006

Mitzvah 34 – It is a positive commandment to rest from work on the first day of Sukkot.
Hafetz Hayyim: As it says in Scripture: “On the first day, a holy convocation.” (Lev. 23:35) The law is the same as the law for the first day of Passover. This is in effect at all times and it every place for both males and for females.

As I wrote then: “Resting on Holidays is not the same as resting on Shabbat. The rest of Shabbat is more comprehensive than that of festivals since Shabbat can be only one day and a festival can be two or more days long. Cooking, spreading an existing flame and carrying from one domain to another are forbidden on Shabbat but permitted on a Festival.”

Mitzvah 35 – It is a positive commandment to dwell in a Sukkah all seven days of the festival..
Hafetz Hayyim: As it says in Scripture: “You shall dwell in booths seven days.” (Lev. 23:42) The entire seven days of the festival, on should eat, drink and live in the Sukkah both by day and night. All the seven days a man is to make his home an occasional place and his Sukkah his fixed place. It is forbidden to eat a regular meal outside the Sukkah; on the first night it is a duty to eat at least an olive’s amount of bread in the Sukkah. Thereafter, if one wants to eat bread, he is to eat it in the Sukkah; if he wants to eat fruit, he may eat it outside the Sukkah. A young child who as reached the age of training has the obligation by the law of the Sages. This is in effect at all times and it every place for males but not for females.

A Sukkah is a booth constructed for the purpose of living in it for the duration of the Sukkot holiday. The shape of the building is like the letters of Sukkah (Samech, Chaf and Hey) that is, it can have four walls (and a door); three walls or two and one-half walls. The walls can be constructed of any material at all, even attached to a permanent structure. What is crucial, however, is the roof. It must be constructed of branches that let sunlight in by day, and allow one to look out at night. By day, there should be more shade than sun on the floor of the Sukkah; by night one should be able to see the stars. The material used must be branches or some other natural material not constructed by human hands. One can use corn stalks, evergreen branches, palm branches or any other natural material cut from its roots or trunk. The branches must actually be cut: a Sukkah cannot be built under a tree to use the growing branches as a roof. One is allowed to beautify the Sukkah in any way that will enhance the beauty of the holiday.
We build a Sukkah in order to use it. We should, minimally, sit in the Sukkah and say the blessing at least once a day. Better, one should eat all their meals in the Sukkah. If possible, one should even sleep in the Sukkah during the seven days of the festivals. While one should eat all their meals in the Sukkah, one can snack anywhere during the festival, as long as it is not a formal meal. (For the Sages, this usually required bread to be served.) The first night of Sukkot, it is required to eat in the Sukkah. Once this minimum is observed, if one only snacks for the other six days and never eats bread until after the holiday is over, he has still fulfilled his obligation to eat in the Sukkah.
The symbolism of the Sukkah is that our ancestors wandered 40 years in the desert with only the clouds of G-d to shelter them from the sun and the elements. We also show our faith in G-d by dwelling in these temporary booths and trusting G-d to protect us. I should note: it is not permitted to sit in the rain or any inclement weather during the festival. In Israel, we can be sure that it will not rain on Sukkot and the weather will be nice. In the rest of the world, we can not be so sure. We should try to eat in the Sukkah, but if the weather is not permitting us to eat there, we cannot endanger our health by sitting there in bad weather.
Every year, in December, I am asked if Jews can decorate their homes and their trees with beautiful lights like our Christian neighbors do. The answer is no. This is their season to decorate, it is their holiday, not ours. We can look at their decorations, but it would be poor taste to imitate it ourselves when it is not our holiday. We can however, decorate our Sukkot in September, with lights, pictures and all manner of decorations in honor of our holiday. Ask your rabbi for Sukkot decorating tips.
The Rabbis of the Talmud teach that a child should be trained in observing the mitzvot before the child becomes obligated. All Jews are obligated to perform all the mitzvot when they reach their thirteenth birthday. The Sages, however, insist that children nine years old and older begin practicing the mitzvot. They should fast a half day on Yom Kippur and eat their meals with the adults in the Sukkah. While there is a long history of Women being exempt from the Mitzvah of living in a Sukkah as it is a “time bound” mitzvah, that women are exempt from performing, today, in the community of Conservative Judaism, woman should also eat and sit in the Sukkah. November 20, 2006

Mitzvah 34 – It is a positive commandment to rest from work on the first day of Sukkot.
Hafetz Hayyim: As it says in Scripture: “On the first day, a holy convocation.” (Lev. 23:35) The law is the same as the law for the first day of Passover. This is in effect at all times and it every place for both males and for females.

As I wrote then: “Resting on Holidays is not the same as resting on Shabbat. The rest of Shabbat is more comprehensive than that of festivals since Shabbat can be only one day and a festival can be two or more days long. Cooking, spreading an existing flame and carrying from one domain to another are forbidden on Shabbat but permitted on a Festival.”

Mitzvah 35 – It is a positive commandment to dwell in a Sukkah all seven days of the festival..
Hafetz Hayyim: As it says in Scripture: “You shall dwell in booths seven days.” (Lev. 23:42) The entire seven days of the festival, on should eat, drink and live in the Sukkah both by day and night. All the seven days a man is to make his home an occasional place and his Sukkah his fixed place. It is forbidden to eat a regular meal outside the Sukkah; on the first night it is a duty to eat at least an olive’s amount of bread in the Sukkah. Thereafter, if one wants to eat bread, he is to eat it in the Sukkah; if he wants to eat fruit, he may eat it outside the Sukkah. A young child who as reached the age of training has the obligation by the law of the Sages. This is in effect at all times and it every place for males but not for females.

A Sukkah is a booth constructed for the purpose of living in it for the duration of the Sukkot holiday. The shape of the building is like the letters of Sukkah (Samech, Chaf and Hey) that is, it can have four walls (and a door); three walls or two and one-half walls. The walls can be constructed of any material at all, even attached to a permanent structure. What is crucial, however, is the roof. It must be constructed of branches that let sunlight in by day, and allow one to look out at night. By day, there should be more shade than sun on the floor of the Sukkah; by night one should be able to see the stars. The material used must be branches or some other natural material not constructed by human hands. One can use corn stalks, evergreen branches, palm branches or any other natural material cut from its roots or trunk. The branches must actually be cut: a Sukkah cannot be built under a tree to use the growing branches as a roof. One is allowed to beautify the Sukkah in any way that will enhance the beauty of the holiday.
We build a Sukkah in order to use it. We should, minimally, sit in the Sukkah and say the blessing at least once a day. Better, one should eat all their meals in the Sukkah. If possible, one should even sleep in the Sukkah during the seven days of the festivals. While one should eat all their meals in the Sukkah, one can snack anywhere during the festival, as long as it is not a formal meal. (For the Sages, this usually required bread to be served.) The first night of Sukkot, it is required to eat in the Sukkah. Once this minimum is observed, if one only snacks for the other six days and never eats bread until after the holiday is over, he has still fulfilled his obligation to eat in the Sukkah.
The symbolism of the Sukkah is that our ancestors wandered 40 years in the desert with only the clouds of G-d to shelter them from the sun and the elements. We also show our faith in G-d by dwelling in these temporary booths and trusting G-d to protect us. I should note: it is not permitted to sit in the rain or any inclement weather during the festival. In Israel, we can be sure that it will not rain on Sukkot and the weather will be nice. In the rest of the world, we can not be so sure. We should try to eat in the Sukkah, but if the weather is not permitting us to eat there, we cannot endanger our health by sitting there in bad weather.
Every year, in December, I am asked if Jews can decorate their homes and their trees with beautiful lights like our Christian neighbors do. The answer is no. This is their season to decorate, it is their holiday, not ours. We can look at their decorations, but it would be poor taste to imitate it ourselves when it is not our holiday. We can however, decorate our Sukkot in September, with lights, pictures and all manner of decorations in honor of our holiday. Ask your rabbi for Sukkot decorating tips.
The Rabbis of the Talmud teach that a child should be trained in observing the mitzvot before the child becomes obligated. All Jews are obligated to perform all the mitzvot when they reach their thirteenth birthday. The Sages, however, insist that children nine years old and older begin practicing the mitzvot. They should fast a half day on Yom Kippur and eat their meals with the adults in the Sukkah. While there is a long history of Women being exempt from the Mitzvah of living in a Sukkah as it is a “time bound” mitzvah, that women are exempt from performing, today, in the community of Conservative Judaism, woman should also eat and sit in the Sukkah.

05-5767 Mitzvah 33

Talmidav Shel Aharon
05-5767 Mitzvah 33
November 13, 2006

Mitzvah 33 – It is a positive commandment that a sinner should turn back from sin and should confess the misdeed before G-d.
Hafetz Hayyim: As it says in Scripture: “When a man ore woman commit any sin … then they shall confess their sin (Bamidbar 5:6-7) This means an avowal in words before G-d. He is to say from the depths of his heart, “I beseech you G-d: I have sinned, done wrong, and acted criminally before you. This-and-this I did (and here one describes the sin in detail) and here I have regretted my deed and become ashamed of it. Never will I go back and do this again” The main element is remorse in the heart, over the past and one must take it upon himself not to do such a thing ever again. This confession is the essential part of repentance; but the more one confesses, the more praiseworthy he is. Even death and the confession on Yom Kippur, however, bring no atonement and forgiveness unless they are with repentance. This is in effect at all times and it every place for both males and for females.

This is the kind of Mitzvah, confessing sins, that most people don’t really attach themselves to and prefer not to think about. It is easy to see why. We don’t like to admit our mistakes and we don’t like to say out loud that we may be wrong, let alone confess that we really messed up. We would rather our errors disappear and be forgotten and we thus would not have to face them and worry about them ever again. I was once told that Oliver North, the man behind the Iran-Contra scandal during the Regan Administration, tried very hard to cover his tracks while he was diverting money against the directions of Congress. He thought that he had erased all record of the transactions from his computer, never knowing that the National Security Agency had a mainframe computer in the basement that recorded and stored all transactions made on the agency’s computers. Oliver North commented during the trial that “We thought we had eliminated all traces of our work, clearly we were wrong” In a similar way, we have this almost childish dream that no one will notice our mistakes and we will not have to face up to them. The fact is that we do have to face them, and we need to face our Creator too, as if G-d were an eternal parent.
The anatomy of repentance involves many steps. First there must be a realization that we have done something very wrong. We have to first admit to ourselves that we have made a mistake and we need to take action to repair what we have done. Second we need to confess to the person we have offended or hurt directly and honestly. We need to make a formal apology and make whatever restitution is necessary to secure that person’s forgiveness. (We also need to be forgiving of others who may have offended us. Judaism says we have to ask for forgiveness three times. If we are turned away without it three times, the problem becomes one of holding a grudge, a serious sin, on the unforgiving party) We can not have G-d forgive us if we have not faced the offended party. Once the person we have offended has forgiven us, we need to be forgiven by G-d. We need to make our oral confession, not for G-d’s sake; G-d already knows the sins we have done; rather we need to confess out loud our sins and resolve never to do them again as part of a regimen that will help us keep from repeating our mistakes. G-d is compassionate and we can be assured of being forgiven unless we go back and do the same sin over and over again. If we keep doing the same sin and then confessing before we do it again, eventually G-d will figure out that our confession is not sincere.
One should confess sins every day, so that we do not carry a burden of sin with us wherever we go. The two most important times for this kind of confession is on Yom Kippur and on the day of our death. Both have a special confession that should be recited to make sure that all sins, even those we may have forgotten, are properly addressed so we can move forward, in this world and in the world to come, without the baggage of sins weighing us down.Remember, confessing and repenting our sins is not just for others or for G-d. It is something we can do for ourselves to put our past behind us, to confront our mistakes and the times we delude ourselves into thinking that what is wrong could be right, and then move on with our lives free from the worry that someday, our past will catch up with us.

04-5767 Mitzvah 32

Talmidav Shel Aharon
04-5767 Mitzvah 32
November 7, 2006

Mitzvah 32 – It is a positive commandment to fast on Yom Kippur.
Hafetz Hayyim: As the Torah says: “On the tenth day of the seventh month there shall be a day of atonement … and you shall afflict your souls” (Lev. 23:27). It is necessary to fast from evening to evening and end the fast a bit after the end of the day. If one eats more on the day before Yom Kippur, it is as though he fasts on both the ninth and tenth of Tishrei (the day of Yom Kippur and the day before). It is in effect at all times and it every place for both males and for females.

“Afflicting your soul” on Yom Kippur implies five deprivations. 1. Eating; 2. Drinking; 3. Anointing; 4. Wearing leather soled shoes and 5. Sexual relations.
Because the day is spent seeking atonement for all the sins we may have incurred in the previous year, we do not want to be distracted from our duties. If our very life in the new year is at stake, than we can abstain for a day from sexual relations with our spouse. Leather soled shoes are not about the leather, but about luxury. We do not want to show off our most expensive clothing, but we dress simply, this implies non-leather shoes and plain white clothing. Even the High Priest in the Temple of Jerusalem, would put aside his highly ornamental robes for plain linen ones for Yom Kippur. In a similar vein, we don’t wear makeup or cologne or any other form of decoration that is purely ornamental since we are being judged on who we are, not how we appear. There is no deception in the Heavenly Court. Still, the most recognized deprivation for Yom Kippur is the refraining from eating and drinking for the 25 hours of the fast.
On the one hand, the reason for the fast is that we are trying to imitate the angels in the Heavenly Court who neither eat nor drink. If we can emulate them, we can be assured of being judged favorably in the new year. On the other hand, when our lives are in danger, who would stop to eat or drink? Yom Kippur is a day of great danger, since our lives are in the balance, but Yom Kippur is also a joyful day, since we know that our fast will be successful and we will find forgiveness on this day. Most physicians agree that there should be no problem with a healthy person fasting for one day. Still there are some rules for fasting.
One should prepare for the fast by eliminating those foods that may have side effects if they are suddenly suspended. It is a good idea to stop drinking caffeine a few weeks before the fast so there will not be withdrawal which can cause a headache or worse if you ingest daily a significant dose of caffeine. The day before Yom Kippur, it is important to have a good meal, not a spicy, heavy meal, but a plain meal that is well balanced but not too heavy. A good dose of protein and carbohydrates will help get through the fast but beware, too many carbs may cause you to burn out early. Medications that are taken daily should be taken with this meal and try and drink just plain water (not coffee or tea, certainly, and sugar drinks are also not helpful) If one eats properly before the fast, than it is as if you have fasted two days instead of one. The meal on one day makes the second day possible.
Because of the ban on anointing, some refrain from washing the next morning. You can wash hands and face. The original ban only included visiting a spa (hot springs or hot tub) on Yom Kippur and that the issue is not washing at all. Still some keep the washing to a minimum. One should take morning medications if they are necessary for health. If you are not sure, ask your doctor. Do not skip a day on medications without a doctor’s permission. Pregnant or nursing mothers, the ill and infirm do not fast on Yom Kippur. Children under the age of 13 are not required to fast but it is a good idea that a child older than nine should practice fasting by not eating for half the day. Each year he or she can fast an extra hour until they can go the whole day. One is not allowed to endanger their life by fasting so if you feel ill, one is supposed to eat. We err on the side of caution when it comes to fasting. If one passes out from hunger and says, “I need to eat” and a doctor is present and says, “no you don’t need to eat” we ignore the doctor and feed the patient. If the doctor says the person needs to eat and the person said, “no I don’t” we ignore the person and feed the patient. In times of medical emergency or plague, and the entire community could be endangered by fasting, than the whole community must eat. Saving a life takes precedence over fasting on Yom Kippur.
A post-fast break-the-fast should be like a breakfast with breakfast type foods. Yom Kippur will never fall on a Friday or Sunday so that we don’t have to deal with fasting and the prohibition of cooking on Shabbat.
Since being in places where we could get hungry would be a bad idea, some spend the day at the synagogue so that the usual hunger cues will not be triggered. One does not talk about food on the day as this will only make the fasting harder. One should concentrate on the prayers of Yom Kippur and the hunger will pass. Conservative congregations also support Project Isaiah, where the food we don’t eat is donated to food shelf/pantry projects so that those who don’t eat on a daily basis will have food for themselves. Canned or non-perishable foods are brought to the synagogue and donated to local food programs. This is a great way to make our fast even more meaningful.

03-5767 Mitzvah 31

Talmidav Shel Aharon
03-5767 Mitzvah 31
October 30, 2006

Mitzvah 31 – It is a positive commandment to rest from work on Yom Kippur.
Hafetz Hayyim: As the Torah says: “it shall be for you a day of solemn rest” (Lev. 23:32). Whoever does work on Yom Kippur disobeys a positive commandment and violates a negative one. If it is done willfully, the punishment is Karet; if unintentially, a sin offering must be brought. Whaever labor is forbidden on the Sabbath is likewise forbidden on Yom Kippur. It is in effect at all times and it every place for both males and for females.

We will deal with the special restrictions on Yom Kippur at a future date, but this matter of “rest” on Yom Kippur is, in reality, a big part of what Yom Kippur is all about. Shabbat is one of the most important holidays on the Jewish calendar. Yom Kippur, however, is called in the Torah “Shabbat Shabbaton” the Sabbath of Sabbaths. This means that the holiday must be at least as important as Shabbat, possibly more important. The more important part of the day involves the fasting that we will take up another day, but the rest from work can not be overlooked. Whatever is forbidden on Shabbat is not permitted on Yom Kippur and the punishment is exactly the same.
If the violation is done willfully, that is, it is done with the full knowledge that the action in question is forbidden and the person performs the action anyway, then the punishment is “karet” which means that “the soul is cut off”. What does this mean? Maimonides defines this punishment as the extinction of the soul, in both this world and the next. In other words, what would be the point of attaining eternal life in the world to come if one can not observe the most important commandments in this world? It should, however, be noted that this punishment is reserved for G-d. Human Beings do not enforce a punishment of karet.
On the other hand, violations done by mistake, without premeditation, can be corrected through bringing a sin offering to the Temple in Jerusalem. The Hafetz Hayyim knew, even in his day, that this is now impossible. Since the year 70 CE, the Temple of Jerusalem has been destroyed and the sacrifices have been discontinued. The Hafetz Hayyim may be thinking that when the Messiah comes and the Temple is rebuilt, a violator of Yom Kippur would be liable to bring a sin offering. This is part of a debate that has been going on for a long time. There are some who insist that sacrifices are the only way one can really feel close to G-d. This is why they are called, in Hebrew, “Korbanot” because the make one feel near to the Holy One. There are others, however, who follow Maimonides and many other important scholars who teach that the sacrifices were once a part of our worship because that was the form of worship in vogue so long ago. The sacrifices have ended and they will not be restarted because we have grown in our spirituality and no longer need such a physical ritual to feel closer to G-d.
Since the destruction of the Temple, Prayer, especially the Amida, the personal prayer that is recited individually, has taken the place of animal sacrifices. I myself believe in this approach and do not, in any way, advocate a return to the sacrificing of animals as a Jewish ritual. According to this approach, anyone who violates the rules of rest on Yom Kippur by mistake, should pray that day that his or her sin should be forgiven. The prayer itself is the sacrifice. In other words, we should resolve to try harder to rest the next Yom Kippur. The only warning is that one can not rely on Yom Kippur to atone for sins that are performed with premeditation and foreknowledge. You can’t sin and think that, “Oh well, G-d will forgive me on Yom Kippur” We are specifically taught that such sins will not be forgiven and the punishment is karet.

02-5767 Mitzvah 30

Talmidei Shel Aharon
02-5767 Mitzvah 30
October 23, 2006


Mitzvah 30 – It is a positive commandment to hear the sound of the Shofar (rams horn) on the first day of Tishrei which is Rosh Hashana
Hafetz Hayyim: As the Torah says: “it shall be for you a day of blowing the horn” (Num. 29:1). The Shofar is the horn of a sheep, which is curved; other kinds of Shofar are not acceptable. One has the duty to hear nine sounds on Rosh Hashana : three times, the series tekia-terua-tekia. We are not certain, however, what the teruah should be; and therefore we blow three times tikiah, shevarim teruah tekiah:; three times; tekiah shevarim tekiah; and then three times: tekiah teruah tekiah so as to be free from any doubt. It is in effect at all times and it every place for males but not for females.

One would think that Blowing the Shofar would be a rather simple affair. One should take the horn of a Ram, hollow it out and then blow on it for Rosh Hashana. There are just two notes. There is the long clear blast of the Tekiah, and the staccato of the Teruah. The problem is, nobody is quite sure what a teruah sounds like. Are the notes very short or only short compared to the tekiah. We know the teruah was the sound of warning but what did the warning sound like? To resolve the issue, the Shevarim was created, three medium notes and then the Teruah became nine staccato notes. We do one set of nine with Tekiah-shevarim-tekiah to cover one possibility and nine notes of tekiah-teruah-tekiah to cover the other possibility. We begin with nine notes of tekiah-shevarim/teruah-tekiah to show that the middle two notes are the same. This entire set is called as if it were 27 notes but it represents 30 sounds (after all there really are 4 notes in the first set) During the Musaf on Rosh Hashana, the three sections of the Amidah, the Malchuyot, the Zichronot and Shofrot sections are divided by nine Shofar blasts (which are really 10) giving us a total of 60 sounds of the Shofar. The Talmud will later insist that we hear 100 blasts of the Shofar so many communities add another 40 notes into the middle of the final Kaddish Shalem to round out the count. The Tekiah Gedolah, the “great tekiah” is just a longer tekiah and has no added significance other than it marks the end of the first set and the final set.
There are two blessings that are recited by the Baal Tekiah (the Shofar player) The blessing for sounding the Shofar and the Shehechiyanu.
A Shofar can be made from the horn of a ram, either wild or domesticated, or from the horn of any kosher animal. The horn of a cow or ox cannot be used. It must be long enough to hold in your hand and the ends stick out of both sides. It can not be cracked or changed in anyway that would affect its sound. The reason that a Ram’s horn is preferred is because it reminds us of the binding of Isaac and the ram that was sacrificed in his place.
The Shofar is not sounded on Shabbat because of the fear that one would carry it on Shabbat..
As far as Conservative Judaism is concerned, since women are required to hear the sound of the Shofar, they are also permitted to sound the Shofar.

Questions: From Eitan Konigsburg: The name “Talmidai shel Aharon” is in “smichut” form and is therefore grammatically incorrect. It should be either “Talmidai Aharon” or Talmidav Shel Aharon”
Rabbi Replies: You are correct, it is a mistake. Thank you for catching it. The name of the list will have to be “Talmidav shel Aharon” since that is how it reads in Pirke Avot, the reference I was alluding to when I put the format together.

Question: from B. Horowitz: (In our last lesson,)Why does the Torah specify 7 COMPLETE weeks for the Omer. It doesn't say 7 complete days for Shabbat or 7 complete months from Pesach, etc. Is there an explanation for this discrepancy? Rabbi Replies: Rashi teaches that the word “complete” implies that we begin our count in the evening (this is from the Sifra) otherwise they would not be complete. Rabbi Eli Munk compares it to a process of purification that our ancestors performed between the Exodus from Egypt and the giving of the Law at Sinai. Just as a woman’s purification needs 7 “complete” days, so too did our ancestors need seven “complete” weeks.

Halacha L’Moshe MiSinai - Volume 2: Number 26

Halacha L’Moshe MiSinai
Volume 2: Number 26
May 29, 2006
Mitzvah 27-29: Resting from Work on Yom Tov

Mitzvah 27 – It is a positive commandment rest from work on the seventh day of Passover.
Mitzvah 28 – It is a positive commandment to rest from work on the festival of Shavuot.
Mitzvah 29 – It is a positive commandment to rest from work on the first day of Tishre, which is Rosh Hashana

Hafetz Hayim: Scripture states, [27] (Lev. 23:8): [28] (Lev. 23:21): [29] (Lev. 23:24)“It is a holy convocation. It is in force everywhere, and at every time for men and for women.

Resting on Holidays is not the same as resting on Shabbat. The rest of Shabbat is more comprehensive than that of festivals since Shabbat can be only one day and a festival can be two or more days long. Cooking, spreading an existing flame and carrying from one domain to another are forbidden on Shabbat but permitted on a Festival. Shabbat is always set by the sun, every seventh sunset is the beginning of Shabbat. Festivals are set by the moon. They occur at the same phase of the moon each year. Since the lunar cycle was set by human beings, based on observations in the nighttime sky. Therefore, we can say that human being declare the Festivals but Shabbat is declared by G-d.
The procedure was to have people in the field looking for the new moon on the correct day. Since the lunar cycle is 291/2 days, it was not clear which of the two days it would fall. As soon as the new moon was spotted, the witnesses would run to the court to testify that the moon had been seen. There was careful cross examination to assure that the moon was actually seen, and although only two witnesses were needed, they would interview many others so that they would not assume that others had gotten there first and they were no longer needed.
As soon as it was determined that the moon had appeared and the new month had begun, signal fires were lit and riders sent out to officially declare the new month. Inside the Land of Israel, the people would know in a matter of days, if not hours, that the month had begun. In Babylonia, it would take over two weeks to get the news about the month. Passover, Shavuot and Sukkot would already be started by the time the riders arrived. It became, therefore, the custom to celebrate these holidays for two days instead of the usual one. Thus there were two Sedarim on Passover and the holiday was extended for an eighth day to make sure the seventh day was observed at the proper time. Shavuot and Sukkot, in a similar manner were extended to insure that those living outside of Israel would observe the festival at the proper time. After all, it had to be one day or the other!
Even when the calendar became fixed according to mathematical calculations, the primacy of Israel was affirmed by continuing the custom of having a second day of Yom Tov in lands outside of Israel.
Rosh Hashana is the lone exception, for it is two days long in both Israel and outside of Israel. Since the holiday begins at the very beginning of the month, there was no way to know if that night would be declared the new year or not. So everyone would observe Rosh Hashana on both days.
One would think that Yom Kippur would also be observed for two days, but this is not correct. Yom Kippur is far stricter than most Holidays but since there is a total fast on Yom Kippur, it would be too hard for Jews to fast for a second day. There is only one day of Yom Kippur.
In all cases, we do not work on Festivals, but we refrain from activities not in keeping with the holiday.
Next week: Mitzvah 30: Hearing the sounds of the Shofar.

Halacha L’Moshe MiSinai - Volume 2: Number 25

Halacha L’Moshe MiSinai
Volume 2: Number 25
May 22, 2006
Mitzvah 26: Counting the Omer

Mitzvah 25 – It is a positive commandment to count seven whole weeks from the day that the Omer was brought to the Sanctuary

Hafetz Hayim: Scripture states, “and you shall count for yourselves…seven complete weeks” (Lev. 23:15) It is a religious duty to count the days along with the weeks, as Scripture says, “you shall number fifty days (ibid. 16) We begin the counting from the start of the night of the 16th of Nisan. This counting requires a blessing. If one forgets to say the blessing when he or she counts, one has still fulfilled the blessing. We count when standing but one has fulfilled the obligation to count if he or she said it sitting down. It is in force everywhere, and at every time for men but not for women.

On the surface, this Mitzvah seems easy enough. Each night, before one goes to sleep, or at the end of the Maariv, we count how many days have elapsed since the 16th of Nisan (the second day of Pesach). We count the days as well as the weeks. It goes something like, “this is the thirty-eighth day of the Omer (counting by days) making up five weeks and three days of the Omer (counting by weeks). The counting is preceded by a blessing when it is done at night. If one forgets to count at night, we can count during the day without a blessing. If one forgets a day, one can no longer say the blessing when counting because the “mitzvah” is to count all 49 days and one has been missed.
The big question is “what is an Omer and why is it important to count it?” The Omer was a measure of grain that was brought to the Temple of Jerusalem when it was standing. The Omer was a measure of the “new” grain from the new harvest. The produce of the new harvest could not be used until the Omer had been brought to the Temple. The 49 days marked the transition from Passover to Shavuot, the date that is associated with the giving of the Law at Sinai. At first, the date of Shavuot was not set on the calendar, it was the 50th day after the start of Passover. The Omer bridged that transition.
The Sages noted that the freedom that we celebrate on Passover was incomplete without the giving of the Law at Sinai. Therefore we count with anticipation the passage of the days until we celebrate the giving of the Law at Sinai. Notice, we don’t “count down” until Shavuot, we “count up” the days as a sign of our anticipation.
The counting of the days of the Omer has traditionally been a period of sadness for the Jewish people. The reason is not clear. Some say that it is a sadness born of the fact that the Temple was destroyed. Some point to a plague that killed many students of Rabbi Akiva during this time. Some say that the sadness is a result of the many tragedies that have taken place during these weeks on the Jewish calendar. In fact, there is no clear reason at all why this time has become a time of sadness and so the Law and Standards Committee of the Rabbinical Assembly has determined that there is no reason today to mark these days as a semi-mourning period and that weddings and happy occasions can be scheduled during this time except for the days between Passover and Yom HaShoah (The day we commemorate the Holocaust in Europe, the 27th of Nisan).
While some still mark these days as sad days by not performing weddings or having happy events, they also do not cut their hair during these days. There are some days that are exceptions when weddings and haircuts can be performed. These days are: Rosh Hodesh (for Iyyar and Sivan), Yom HaAtzmaut (Israel Independence Day), Lag B’Omer (the 33rd day of the Omer, When the plague that killed the students of Rabbi Akiva was halted), Yom Yerushalayim (the day when, in 1967, the city of Jerusalem was reunified during the Six Day War) and the first six days of the month of Sivan (the time the People of Israel were getting ready for the revelation at Sinai).
One final note on Lag B’Omer, some say that this day marks the end of the period of sadness and that weddings and haircuts can be performed after this date. Others see this day as an exception and one continues the prohibition until the first of Sivan. There are also some who do not like to have sadness in the month of Nisan, so they begin the prohibitions after Rosh Hodesh Iyyar. It is this confused state of affairs that prompted the Law and Standards Committee to set the end of the time of semi-mourning as the day after Yom HaShoah.
Next week: Mitzvah 27-29: Resting from Work on Yom Tov.

Halacha L’Moshe MiSinai - Volume 2: Number 24

Halacha L’Moshe MiSinai
Volume 2: Number 24
May 22, 2006

Mitzvah 25 – It is a positive commandment to rest from work on Passover

Hafetz Hayim: Scripture states, “on the first day you shall have a holy convocation” (Lev. 23:7)Work is permitted, however, to prepare sustaining food for Jews, although not for non-Jews . (see Ex. 12:16) Whoever does work not needed for preparing sustaining food disobeys this positive commandment, and transgresses the negative commandment to do no work. (see Lev. 23:7) Burning a fire and carrying things out into the public domain are permissible, even if not for the purpose of preparing food. By the law of the Sages, ever festival day is to be observed in lands outside Israel for two days; but in the land of Israel, only one day is observed. Rosh Hashanah, however, is observed for two days in the Land of Israel also. It is in force everywhere, and at every time for both men and women.

There are a lot of assumed definitions at work here that need to be explained. On Shabbat, one is not permitted to cook food for any reason. On Festival (also called “Yom Tov”) the rules about working are a bit more relaxed. One is permitted to cook food needed for that day on a Festival, and one can carry an object into a public domain (which is not permitted on Shabbat unless there is an eruv) and one can transfer a burning flame on Festivals but one is not allowed to light a flame. On Shabbat both lighting the flame and transferring it are prohibited. The reason for the difference is one mostly about time. Since Shabbat is only 25 hours, than we can live without these work items without too many problems. But for a holiday, which can be from two to nine days long, we need to make sure that we can eat good food and that our abstaining from work does not undermine our need to rejoice on a festival.
The issue with cooking for a non-Jew does not apply if you are sharing your family meal with someone who is practicing another faith. It applies to those who may be coming to your home and you are selling them a meal. This is a prohibited transaction. If such a non-Jew eats with you as part of a meal plan, you can not cook for him/her on the holiday, but must prepare that food in advance as one would do on Shabbat.
Similarly sharing a holiday with friends, family and neighbors is what makes the day special. Therefore one is permitted to carry into the public domain on Festivals.
One does not need to study Bible long to realize that Pesach is only 7 days long and not the eight days that we observe today. The Hafetz Hayim correctly notes that this is a ruling of the Sages of the Talmud that, outside of the Land of Israel, one observes an extra day. The reason, as usual, is very practical. The new month was proclaimed in Jerusalem at every new moon. People would wait in the fields to be the first to see the moon and report to the Sages. They earned a feast if they were among the first dozen people to make it to the court when the new moon first appeared. As soon as the court accepted the testimony that the moon had been actually observed in the sky, they lit signal fires to alert the country that the month had started. They also sent out messengers by horseback to the far flung communities in Babylonia. These messengers took over two weeks to get to their destination. By then, those communities needed to celebrate the festivals. Since the moon travels around the earth in 29 ½ days, they did not know if the month started on the 29th of the month or the 30th of the month. Since it had to be one or the other, the far flung communities observed both days as holidays so they would not miss the important Festivals. Even when the calculations to establish the calendar were set, those communities outside of Israel still show the primacy of the Holy Land by keeping the extra day of the Festival. There has been talk of going back to one day for everyone, but, so far, that has not become Jewish practice.
Rosh Hashana is different. It is the only holiday that actually falls on the date of the new moon. No one could guess when that day would be announced so all communities, inside and out of the Land of Israel, keep two days for the New Year. Fast days, like Yom Kippur and Tisha b’Av are not doubled. It would be too hard to ask Jews to fast for two complete days.
It is necessary to light a yahrtzeit candle along with holiday candles for the first day of a Festival, so that when we need to light candles for the second day, we can transfer the flame and not have to kindle a new fire. Some people light these candles from the pilot light of their gas stove. This is also permitted. Since an electric stove does not have a flame, one can not start a new flame from the burners of an electric stove.

Next week: Mitzvah 26: Counting the days of the Omer.

Note: I am sorry that we have gone so many weeks without a lesson. Between my duties for Passover and my participation in this year’s March of The Living, we have had a long break. I hope to be more consistent in the next couple of months. Thank you for your patience.

Halacha L’Moshe MiSinai - Volume 2: Number 22

Halacha L’Moshe MiSinai
Volume 2: Number 22
April 3, 2006

Mitzvah 23: Eating Matzah

Mitzvah 22 – It is a positive commandment to eat Matzah on the first night of Passover
Hafetz Hayim: Scripture states, “in the evening you shall eat unleavened bread” (Exodus 12:18) The Matzah need to be of one of the species of grain, which are wheat, barley, spelt, oats and rye. Women also have the duty to eat Matzah. A young child who is able to eat is to be trained to have an olive’s amount.
By the law of the Sages it is forbidden to eat Matzah the day before Passover, so that the Matzah will be eaten at night with appetite. It is likewise a religious duty by the law of the Sages to have maror and haroset on Passover night. Over the maror it is necessary to say the blessing, “… who commanded us on eating maror” There is no blessing for haroset. It is in force everywhere, for both men and women.

It is forbidden to have any product made with wheat, barley, oat, spelt and rye on Passover unless it has been prepared under Rabbinic supervision and no more than 18 minutes have passed from the time the water first touched the flour until it was placed in a super hot baking oven. The vast majority of Matzah today is made from wheat flour. A small amount can be found made from oat flour for those with wheat allergies. Shemura Matzah, is wheat Matzah that has been made under stricter oversight. It is not necessary for anyone to be required to own or use Shemura Matzah, it is only a matter of personal choice.
It is customary not to eat Matzah on the eve of Passover, not so much because you might fill up on it too early, but the reason is so that it will be a new taste for you when you sit at the Seder. For those who eat Matzah all year, they usually stop eating it from the first day of the month of Nisan, two weeks before Passover so that the taste will be new to them. There is also the issue that, for many people, the taste of Matzah is not so great, and if they refrain from eating it for a while before Passover, they will be able to eat it for a while that evening before they remember why they do not like the taste.
It is only required to eat Matzah at the Seder. One may not eat regular bread in any form for the entire 8 days of Pesach, but you are not required to eat Matzah for all eight days. You can choose to refrain from all bread, leavened and unleavened after the Seder is over.
At the Seder, Matzah is eaten alone, and with Maror and Haroset. Contrary to popular belief, horseradish is NOT really Maror. According to the Mishna, Romaine Lettuce is what is called for. The Talmud does not know horseradish since it was only grown in Northern Europe. It enters the Seder during the Middle Ages. Harotset is a mixture of apples, wine and nuts that is supposed to symbolize the mortar used to hold the bricks of Egypt in place. Eating Maror is one of the Mitzvot of Pesach, there is no commandment to eat Haroset. That is why there is a blessing for eating Maror and not Haroset.
There are some Jews who, in their quest to be more strict than anyone else, do not eat even Matzah products that have been soaked in water or juice on the chance that perhaps some wheat in the Matzah may not have been mixed with water properly and when soaked, could possibly ferment. Such people do not eat either Matzah brei nor Matzah balls. This is their loss. This is just another example of the lengths some will go to be more kosher than anyone else. I should also note here that Matzah farfel is just Matzah broken into large pieces, and Matzah meal is Matza broken up into very small pieces. If you want to save money, break up the Matzah yourself.
Next week: Mitzvah 24: Telling the Story of the Exodus at the Seder

Halacha L’Moshe MiSinai - Volume 2: Number 21

Halacha L’Moshe MiSinai
Volume 2: Number 21
March 27, 2006

Mitzvah 22: Hametz on Passover

Mitzvah 22 – It is a positive commandment to clear away Hametz on the fourteenth of Nissan.
Hafetz Hayim: Scripture states, “only, on the first day you shall put away leaven out of your houses” (Exodus 12:15) and by the Oral tradition it was learned that this “first” means the fourteenth of Nissan, before the time that it becomes forbidden to eat Hametz. Now, clearing away means that one is to destroy the known Hametz in his possession; and what he does not know about he renders null and void in his heart, and considers it as nothing – that he has no use whatever for it.
By the law of the sages one is to search and examine his premises and clear away all Hametz at the beginning of the night before the fourteenth, by the light of a candle; because all people are to be found in their homes at night, and candlelight is good for searching. It is in force everywhere and at every time, for both men and women.

When the Sages wanted to make sure that all Hametz was removed before Passover, they set in motion three ways to get rid of it. The first responsibility was to use up as much Hametz before the holiday as possible. To clear our shelves of what the Hametz we own. There is a commandment that we are forbidden to waste that which can be used, so we first try and use up what we own. We are also allowed to give it away to a worthy (non-Jewish) cause so that the Hametz we can’t use can still be put to good use. It can be donated to a soup kitchen or food pantry for instance.
In some cases, it is impossible to use up all the Hametz in our homes before Passover. Sometimes there is just too much to use. Sometimes we forget we have it until it is too late to use it. Sometimes we are in the Hametz business and it would be a great financial loss if we were to give it all away before Passover. For this reason the Sages created the “sale” of Hametz. The Hametz is placed in a secure location and closed off from the rest of the house. We then, in writing, assign the Rabbi as our agent to make sure that the Hametz is sold for the holiday. (there is usually a small donation made to have the Rabbi do this for you) He will then sell all the Hametz that he is commissioned to sell to a reliable non-Jew. This is a binding sale. Usually there is a small down payment made at the time of the sale and the full price is to be paid after the holiday at fair market value for the Hametz. If the non-Jew decides not to complete the sale, it automatically reverts to its original owners, after the holiday. Since it did not belong to us during the holiday, we are able to use it after the holiday is over. This sale must take place before 10 am on the fourteenth of Nissan, so that we will not own the Hametz from the time it becomes forbidden to us.
Tradition has us keep a small amount of Hametz and to search for it on the night before the fourteenth of Nissan (on the thirteenth, after dark). This is called Bedikat Hametz, the search for Hametz, and we use a candle and a feather, to sweep away the last crumbs of Hametz in our homes. Those crumbs and whatever Hametz we no longer can use is burned at 10 am on the fourteenth of Nissan. From that time until the end of Passover, we can not own or have in our possession any Hametz at all. If we find any that was not sold or burned, we must throw it away. We cannot use it even after the holiday.
The big question is “Why?” Why must we remove leaven from our homes? The Torah, as stated above, only tells us that we must get rid of it all. G-d simply said so and we must obey. But what is Hametz that we cannot even possess it on Passover? The Sages comment on this mitzvah saying that Hametz is that grain that has fermented, it has mixed with water and the air and has become something else. It is no longer pure grain. When we remove the Hametz from our homes, we are removing from our lives all that has been fermented, the arguments, the fights, the anger and the feelings of vengeance that spoil our live and corrupt our thinking. Passover is the time we let go of such feelings, and decide that we have no use for them whatsoever. That we will go back to a simpler kind of bread, and a simpler kind of relationship, where we no longer allow that which is fermented to spoil the love and concern we have for each other. The removal of leaven from our household symbolizes the removal of the fermented feelings from our heart. For the week of Passover, we should not really miss either the bread or the bad feelings at all.
Next week: Mitzvah 23: Eating Matzah

Halacha L’Moshe MiSinai - Volume 2: Number 20

Halacha L’Moshe MiSinai
Volume 2: Number 20
March 6, 2006

Mitzvah 21: Rejoicing on the Festivals

Mitzvah 21 – It is a positive commandment to be happy on the festivals.
Hafetz Hayim: Scripture states, “and you shall rejoice on your festivals” (Deut. 16:14) When the Sanctuary was in existence, the rejoicing was that an extra peace offering was brought in addition to the festival offering. It was called the offering of joy and women were also obligated in this joy. At the present time, thought happiness is only through meat and wine. Then one has a duty to make his wife happy with pretty clothing and to distribute sweets to the members of his household. He is also obligated to make the poor happy. If someone does not bring happiness to any poor people, his is not rejoicing in a mitzvah but only the joy of his belly, and a joy that is a disgrace to him. (see Malachi 2:3)
Now, even though eating and drinking on the religious holidays is part of the positive commandment, one should not spend a long time with wine, amusement and frivolity, since this is wild foolishness and silly behavior, whereas we are commanded only about rejoicing that contains within it the worship of G-d and it is impossible to worship G-d amid unbridled amusement, frivolity or drunkenness, but only amid the happiness of a mitzvah. The happiness that a person enjoys while doing a mitzvah is a great form of worship It is in force everywhere and at every time.

We see here the two polls of what “rejoicing” is all about. On the one hand, the point of a Festival is to be happy. On the other hand, this “happiness” can easily get out of control. The Hafetz Hayim tries to address both sides of this issue.
We no longer participate in animal sacrifice, so the legal requirement of rejoicing means we need to eat meat and drink wine on festival days. Even if we are on rather strict diets, the few festive days should not have a long term impact on weight or health. Where does this leave Vegetarians and those who do not /can not drink alcohol? Clearly Judaism would have them celebrate with foods and drinks that are appropriate to their needs. The point is to make these days “festive” through the foods that we eat. Also it is important to mention again, that for those who can not drink alcohol because of medications they are taking or because of a history of substance abuse, the above mitzvah should NOT be taken as license to indulge in dangerous activities. The mitzvah simply does NOT APPLY in that case and one should eat and drink in a manner that will not endanger their life or the lives of others around them. Even for the purpose of saying a blessing, Kosher Grape Juice should be used that has no alcohol content at all.
But even for those who may be physically able to drink, the mitzvah does NOT give such a person free reign to let the festival joy descend into debauchery. Rejoicing is not a free ticket to get drunk, out of control or even simply silly. The point is not to awaken the next day with a hangover and to forget what transpired in the holiday celebration. It is one thing to drink and celebrate; it is another to lose all sense of what it means to be a human being. I can be happy with the time off from work, spent with my family, around a festival table, eating good food, enjoying my children and family, telling family stories and remembering why we all love each other. What joy would there be if we ended the meal so full, we felt sick, so drunk that we embarrassed our family and so wasted that we don’t even remember what happened? That is not rejoicing at all and would simply be a violation of the mitzvah. Yes, I know that drunkenness is prescribed for Purim celebrations (that is a different mitzvah that this one) but I think that even in the case of Purim, such drunkenness was meant to be a metaphor, and one should not get that drunk even on that crazy, happy day.
Want to know how a Rabbi celebrates? He uses the time to learn something new. Now that is my kind of happiness and joy!
Next week: Mitzvah 22: Removing Hametz before Passover

Halacha L’Moshe MiSinai - Volume 2: Number 19

Halacha L’Moshe MiSinai
Volume 2: Number 19
February 27, 2006

Mitzvah 20: Resting on Shabbat

Mitzvah 20 – It is a positive commandment to rest from work on Shabbat.
Hafetz Hayim: Scripture states, “but on the seventh day you shall rest” (Ex. 23:12) By this commandment we are also ordered and enjoined about our domestic animals, that they should rest from work. To tell a non-Jew to do some work is forbidden by the Sages. ( it is in the category of Shevut) It is in force everywhere and at every time for both men and women.
One of the drives that all human beings must deal with is the drive for power. We need to feel that we are in control of our lives. We like to feel that the world is not random, and we are being buffeted by a thousand winds that blow, but that we have made ourselves strong, we have build strong houses, we have stored up food and supplies. We have made fur coats and down blankets to keep us warm and waterproof jackets to keep the rain off of our backs and heads. We do all of this with money, the fruit of our labor. Sometimes we actually make something we need, but usually we purchase it from others with the money we have earned. Judaism is very clear that work is an important value and earning a living is an important part of life. Money is neither good or bad in Judaism. It is a fact of our lives (Judaism says a lot about how we make money and how we spend money, but not about the morality of having it) Judaism does insist, however, that the drive to have money not take over our lives. We control the drives, the drive does not control us. We control our drive for power with Shabbat.
Ancient Romans thought that the Jews were the laziest people they had ever met. In the pagan world, the more you worked, the more money you made and the more power you had. Power was a gift from the gods. It showed that the gods favored you. The very idea of taking one day out of seven off from work was absurd to the pagan mind. Jews understood that the quest for money and things could consume a life and make it shallow and empty, so we set this Shabbat time apart to remember that there are some very important things that are not found in what we make and what we earn.
Shabbat rest is about having time with our family without the distractions of a job that must be done. Shabbat rest is about having fun without having to worry about how we will pay for it. Shabbat rest is about being a part of nature and not just rushing by on our way to the next important meeting. To be sure, there are laws about rest. Some seem to make a lot of sense; you should not carry money, ride in a car, cook food, write or do laundry. These are everyday activities and not in keeping with the holiness of Shabbat. But taking a long hike, carrying a handkerchief outside or watching TV seem to be activities that don’t require breaking a sweat. Why are they forbidden?
The Torah tells us that we must not do “melachah” on Shabbat, but it never defines what “melachah” is. The only way the Sages had to determine what “melachah” is all about was to notice that the commandment to refrain from it was written just before they began to construct the Mishkan, the portable sanctuary in the wilderness. The Sages determined that there were 39 different activities that were involved with building the Mishkan, so they declared these 39 activities forbidden. Over the centuries, other activities, that were connected with these 39 also became forbidden as Shevut, not part of the command but close enough to be included in the prohibition of work. A third category, involves things that we don’t do because they may lead to a prohibited activity. For example, we don’t carry a pen on Shabbat because we may forget ourselves and stop to write something down.
Resting on Shabbat is an art form. It is not just a series of laws. We have to find our own way to balance the holiness of the day and the prohibition against work One can not take on the “mountain” of laws of Shabbat overnight. We grow in our observance of Shabbat as we discover how it makes our lives better. Herman Wolk, the famous playwright notes that after Shabbat is over, and he returns to the daily panic of a Broadway play, that, after his Shabbat rest, he is able to step back from the pressure, and often makes his best contributions on Saturday night.
Shabbat is not just about making one day in seven holy, it is also about making the other six days more productive and richer.
Next week: Mitzvah 21: Rejoicing on the Festivals.

Halacha L’Moshe MiSinai - Volume 2: Number 18

Halacha L’Moshe MiSinai
Volume 2: Number 18
February 20, 2006

Mitzvah 19: Declaring the Shabbat Holy

Mitzvah 19 – It is a positive commandment to declare Shabbat holy with words.
Hafetz Hayim: Scripture states, “Remember the Sabbath day, to keep it holy” (Ex. 20:8) and the Sages add, “Hallow it with words, on its arrival, with Kiddush and at its departure with Havdalah. It is a law of the Sages to recite the Kiddush over wine or over bread; and it is likewise a law of the Sages to recite Havdalah at its departure over wine or some other acceptable beverage. It is forbidden to taste anything before Kiddush or Havdalah. The Prophets declared two additional Mitzvot, namely “delight and honor”. One honors Shabbat by washing face and hands in warm water and wearing clean clothing. He makes it a delight by eating enjoyable food and drink. It is a duty to have three meals on Shabbat and the more one spends for Shabbat the more praiseworthy he is. (within ones means however) Whoever makes Shabbat a delight will be given a boundless heritage, and will be granted his heart’s wishes; and he will be saved from the servitude of foreign powers. It is also a mitzvah to arrange the table for a meal after the departure of Shabbat, even through no more than an olive’s amount is necessary for the meal to “escort the Shabbat queen on her way. Rambam wrote that it is also part of the positive commandment, of remembering the day, to remember Shabbat every day. Therefore when one mentions the days of the week, he is to say “the first day after Shabbat, The second day after Shabbat” and so on. So also in other matters, if he chances to get something good, he should designate it for Shabbat, saying explicitly, “this is for Shabbat.” It is in force everywhere and at every time for both men and women.

There is almost no end to the possibilities of ways to honor Shabbat. Shabbat is not only one of the Ten Commandments, but it is designated by G-d as holy from the first chapters of the Torah, literally from the creation of the world. It is also a taste of what the world with be like in the messianic era. It is so important that the entire week should revolve around it. In fact, the weekdays do not have Hebrew names, as we see above, the days are just numbered. Only the seventh day has a name, “Shabbat”.
Next week we will list the rules of Shabbat, today is for the joy of Shabbat. The Mitzvah is to make the 25 hours of the day, as joyful and festive as possible. One begins and ends Shabbat with wine. Kiddush is recited at the beginning, declaring that the day that is beginning is holy. And ending with Havdalah, marking the end of holy time and the beginning of secular time. Abraham Joshua Heschel declares that all week long we work and live in a world of space. On Shabbat, we transfer our lives into the realm of time. Holy time is time spent in joy and celebration. That is why we dress our best for Shabbat, eat the best foods, and visit with friends. We put our work aside and get back to a less complicated world where we can do the things we enjoy; reading, playing, praying and sleeping.
It is not enough to feel this joy in our hearts, we need to speak of our plans aloud. We need to declare that we could be doing something else but we choose to spend our time enjoying the sacred time.
To fully enjoy Shabbat there are three meals, dinner Friday night, Lunch on Saturday morning and a Seudah Shelishit, a third meal late Saturday afternoon. After Shabbat, there is a Melavah Malka, a meal to escort the Shabbat Queen on her way. This is done after Havdalah.
In fact, when it comes to making Shabbat a “delight” the format is one of a wedding ceremony. Just as one is supposed to be happy and joyful when attending a wedding, so to are we supposed to be happy and joyful on Shabbat. But Shabbat is not just “any” wedding, it is a royal wedding, Shabbat is a queen who will wed the royal groom, the people of Israel. L’cha Dodi is the wedding march and the Psalm for Shabbat, Psalm 92, is the ceremony. Just as a wedding has wine and a festive meal, so too Shabbat begins with wine and a festive meal. As a guest at this ceremony, our duty is to make the bride and groom happy, and that comes from being joyful ourselves. Honor and joy are the primary hallmark of Shabbat and our first responsibility as we begin and end our weekly celebration
Next week: Mitzvah 20: Resting on Shabbat

Halacha L’Moshe MiSinai - Volume 2: Number 17

Halacha L’Moshe MiSinai
Volume 2: Number 17
February 13, 2006

Mitzvah 18: Respect for Synagogues

Mitzvah 18 – It is a positive commandment to be in reverent awe of the sanctuary.
Hafetz Hayim: Scripture states, “You shall keep my Sabbaths and venerate my sanctuary.” (Lev. 19:30) Synagogues and houses of Torah study are called “little sanctuaries” (see Ezekiel 11:16) We have to avoid in them any frivolous laughter or levity, or any idle talk. No business calculations are to be reckoned there, nor are they to be slept in. Their holiness is very severe. It is in force everywhere and at every time for both men and women.

In the United States, we are not very experienced in what it means to have a place that is designated as holy. We seem to think that one location is essentially no different from any other location. We might even think that in places that are “special” to us, it is still OK to act in them as if they were any other place. We do not have a sense of a spiritual location where everyday behavior is no appropriate.
Still, a synagogue or a Beit Midrash, a place of Torah Study, is considered a place that is unlike any other place. When we are talking to a friend, when we are in synagogue the conversation is just different. Even when we are talking to our spouse, our conversation is on a deeper level when we talk in the place where we pray. We have a sense that somehow, this space is different, it is not just another coffee shop or lounge. Somehow we shy away from the ribald jokes and speech and sense that, here, even the humor is different.
Everyone does not agree with this assessment, of course. There are many who disparage the synagogue and do what they can to show their contempt for the sacred space. They tell off color jokes, ignore those who pray around them. Make inappropriate comments about the congregation, its officers and its spiritual leaders. This Mitzvah is addressed to them and informs them that such actions are not only inappropriate but a violation of the holiness of that location.
Most people, however, do not act either in an overly pious manner in shul, nor do they publicly disparage the synagogue. Most people don’t know what it means to be in a holy space. They don’t dress as if it is holy space, they don’t act as if it is holy space, nor do they speak as if they are in holy space. They just don’t know what to do and they are uncomfortable and feel out of place. Some who feel this way leave the synagogue and never return, convinced that there is nothing for them within the walls. Therefore it is important that we who value this holy space take the time and effort to make such people feel at home in the synagogue. The help them understand what they can do to feel at home in the synagogue and to discover for themselves the holiness that is here. It is also important that we treat everyone in the synagogue with the respect and concern that we show for the humashim and siddurim. How can we expect G-d to be concerned for us and for our lives, if we do not show concern for the people around us who are praying as well.
The essence of this Mitzvah is not so that the synagogue and clergy will merit the proper respect, the issue is that we feel the holiness of the place and to have that holiness infuse our lives when we are there, so we will share the inherent holiness that is there. Synagogue is not the place for gossip, rumors, slander, business discussions or conversations that belong in the street. We need to foster a reverential atmosphere in synagogue, so that everyone who prays can feel included.
Next week: Mitzvah 19: Declaring the Shabbat Holy

Halacha L’Moshe MiSinai - Volume 2: Number 16

Halacha L’Moshe MiSinai
Volume 2: Number 16
February 5, 2006

Mitzvah 17: Respect for the Aged and for Scholars

Mitzvah 17 – It is a positive commandment to rise up before an aged person, and to honor a Torah scholar, getting up before him.
Hafetz Hayim: Scripture states, “You shall rise up before sevah, a man of hoary head, and honor the presence of zaken, an old man.” (Lev. 19:32) The term “sevah” means someone of very advanced age, even if he is not a man of wisdom. One is duty-bound to stand before him – even a wise scholar who is very young; but he is not obligated to stand up to his full height before him (the old man) but only enough to honor him. The term “zaken” means “one who has acquired wisdom. Even if he is very young, one is to stand up to his full height before him, from the time he comes close to the time he has left his presence. One is likewise duty bound to give honor to his Torah teacher even if he has not learned most of his knowledge from him. If the teacher is willing to overlook this honor, it may be left aside. But it is a great wrong to disparage or disgrace Torah scholars, or to hate them. Whoever disgraces them shall have no share in the world to come. It applies everywhere and at all times, for both men and women.

In our modern times it seems a bit quaint to talk about honor due to the elderly or the scholar. Consider, however, the people we do choose to honor. We show honor to politicians, sports heroes, and financially successful businessmen and women. I certainly do not say that these people do not deserve our respect. But this mitzvah is about more than just respect.
Judaism is a faith that values wisdom. That is the ultimate value in the Jewish point of view. The wisest figures therefore are the elderly, who have a lifetime of practical wisdom, and Torah scholars who have worked hard to acquire the wisdom of our ancestors.
It the case of the elderly, the mark of civilization, according to Judaism, is the way we treat those who have served their community and are not in advanced old age. They need our love and support. They are often compared to a Torah Scroll that is worn from use and can no longer be repaired. We are to keep that scroll safe and to treat it with respect. So too those who have taught us valuable lessons of life. Perhaps this is why Jewish families are so concerned about their elderly parents and grandparents. Even during the Holocaust, many died because they refused to leave elderly parents alone and vulnerable. The Talmud had little good to say about those who abandoned their elderly parents in their old age. They were quick to remind everyone that we should honor the aged because someday we ourselves would grow old and deserve that respect.
Torah Scholars deserve respect because they represent the line of tradition from Moses to our own times. They are our advocates before G-d and the fair judges that we can rely on for proper justice. Today, we don’t pay scholars very much in comparison to other jobs, but we certainly owe them the honor that comes from years of concentrated study. This honor is the best way that we can convince our children that they too can merit this honor if they would only study hard at the sides of these great men and women. In past centuries, this study was only open to men, but, thankfully, we live in a time where both men and women can aspire to the honor of Torah Scholarship. A humble sage can defer the honor of having people stand in his presence, but the rest of us need to make sure that scholars are a well respected guild in our community.
Next week: Mitzvah 18: Respect for Synagogues

Halacha L’Moshe MiSinai - Volume 2: Number 15

Halacha L’Moshe MiSinai
Volume 2: Number 15
January 25, 2006

Mitzvah 16: The Mitzvah being attached to Torah Scholars and their disciples.

Mitzvah 16 – It is a positive commandment to be attached to Torah Scholars and their disciples.
Hafetz Hayim: Scripture states, “And to Him shall you cling” (Deut. 10:20) which the sages explain to mean “Whoever adheres to Torah scholars, it is as though he were attached to the Shechina (the presence of G-d)” Therefore a person should marry a daughter of a Torah scholar, and he should give his daughter in marriage to a Torah Scholar. He should eat with him, and have him benefit from his wealth. He should wallow in the dust of the feet of Torah scholars and drink in their words thirstily. It applies everywhere and at all times, for both men and women.

Before we begin to understand this Mitzvah, we need to understand who is a Torah Scholar. In its simplest form, it means someone who has studied Torah, the Five Books of Moses. This is a kind of study that is open to everyone all the time. It only requires that we pick up a Torah Commentary and study the words of those who have come before us. The Hafetz Hayim, however, refers to “Torah Scholars” in the widest sense, that is someone who is well versed in the Bible, Talmud, Legal codes and Midrash. A Torah scholar in this sense is not “just” a rabbi, but one who’s scholarship is also well known and admired. This is the kind of scholar that deserves our support. Such a person has given his or her life to understanding the words that G-d has shared with us and the interpretation of those words as understood by sages in every generation. These scholars provide our best link to the past and help to keep Judaism alive, fresh and an important part of our life.
Little wonder, then, that we should want to have such a scholar in our family. That we should want to raise our children to be such scholars, to have them marry a such a scholar and to have such scholars in our social circles. (this is the implication of “wallowing in the dust of their feet”) We should make every effort to listen to what they teach us and even if we don’t always understand their lessons, if we drink in their words, understanding will inevitably come.
This is not a mitzvah created by the Sages of antiquity to garner support for their profession. I don’t think they saw it as self serving at all. It is a mitzvah that grows out of the understanding that not everyone can be a scholar and that the world does need others to provide the necessities of life. This mitzvah allows everyone, however, to benefit from the work of scholars and helps to bring greater understanding and light to our world. It is a great mitzvah for both men and women to be a scholar, but if that is not possible, to at least bring scholars into their family and to treasure their learning.
Next week: Mitzvah 17: Respect for the Aged and for Scholars

HMS Volume 2: Number 14 - Mitzvah 15: The Mitzvah of writing a Torah Scroll

Halacha L’Moshe MiSinai
Volume 2: Number 14
January 16, 2006
Mitzvah 15: The Mitzvah of writing a Torah Scroll

Mitzvah 15 – It is a positive commandment that everyone in Jewry should write a Torah scroll for himself.
Hafetz Hayim: Scripture states, “Now therefore write this song” (Deut. 31:19) which the sages explain to mean “Write a Torah that contains this song.” One should not write a Torah in separate sections. If he writes it with his own hand it is as if he received the Torah at Sinai. If this is not possible, he should hire someone to do it for him or buy a Torah scroll. If he inherits a Torah Scroll, he still needs to write one for himself. However if he corrects one letter it is as if he wrote the whole scroll. Rabbenu Asher (who wrote the law code, the Tur) wrote that this applied to earlier generations when they would write a Torah Scroll and study from it. Today…It is a Mitzvah for everyone who has the means to buy humashim (printed bibles), Mishna, Talmud and their commentaries so that he and his children may study from them. For the religious duty of writing a scroll is to study from it so one will know the Mitzvot and the laws thoroughly. Therefore these are the volumes a person should write or have printed. Whoever has it in his power to do both, to write a scroll and to buy printed Humashim should follow both interpretations of this commandment if he has the means. It applies everywhere and at all times, for men but not for women.

This Mitzvah is pretty straight forward but I have just a few comments on it. First of all, since the writing of a Torah scroll involves skills that are no longer a real part of our lives, the writing of these scrolls has been given over to a trained Sofer (scribe). These Sofrim (scribes) can produce a Torah scroll in about a year. They are commissioned by those who want to fulfill this mitzvah, who pay them for their labor. They also, usually, leave the last few lines unfinished. They outline the letters but do not fill them in, so that when they are done, there can be a “Siyyum” a ceremony for finishing a Sefer Torah. This Siyyum involves the person who commissioned the work to actually fill in some of the letters and to let others fill in letters so that everyone can say that “I wrote a Sefer Torah” since filling in one letter is the same as writing the entire scroll.
When an organization or synagogue commissions the Torah, they will raise money for the organization by having members or the organization and others in the community to sponsor the writing of a Parsha, paragraph, chapter, book, sentence or letter. In this way, everyone has a hand in writing this scroll. On can fulfill this Mitzvah when one participates in a Siyyum ceremony.
It is also important to buy a Humash, and other copies of Rabbinic texts for our homes so that we can study from them. Every Jewish home should have a printed Torah, Talmud, and law codes so that they can use them as reference books to understand their faith. Many online E-mails (like this one), websites, blogs and podcasts are designed to help us read and understand these important Jewish Texts. If we don’t have them in our homes we will never read them and will not come to value our heritage and our faith. This is more than just supporting the Jewish publishers of these texts, it is crucial to our growing in our understanding and commitment to Judaism.
The Hafetz Hayim may have lived in a time when women did not participate in this Mitzvah, indeed, women in his day never really studied Torah at all. In our day, however, women are equally commanded to study and they are equally commanded to write and purchase a Sefer Torah as described above.
Next week: Mitzvah 16: The importance of Torah Scholars

HMS Volume 2: Number 13 - Mitzvah 14: : The Obligation to Learn and Teach Torah

Halacha L’Moshe MiSinai
Volume 2: Number 13
January 9, 2006
Mitzvah 14: : The Obligation to Learn and Teach Torah

Mitzvah 14
It is a positive commandment to learn Torah and teach it.
Hafetz Hayim: Scripture states, “and you shall teach them diligently to your children.” (Deut. 6:7) It is our duty that the words of Torah should be sharp in our mouths and we should not stammer over them. No matter if a person is rich or poor, young or old, suffering, poverty stricken or sustained by charity, we are duty bound to set a fixed time to study Torah every day until the day of our death. It is a religious duty for a father to sit and teach is son and the son takes precedence over others. The father also has a duty to study with his grandson. Children should begin to study when they begin to speak. If the father can not teach his son, he has the responsibility to hire a teacher for his son. A woman is free of the obligation of Torah study but she should make sure that her sons are not ignorant. The study of Torah is equal in importance to all the Mitzvot, since learning leads to action. It applies everywhere and at all times.

It is hard to overstate the fact that learning Torah is the single most important Mitzvah a Jew can do. As the Hafetz Hayim says, “learning leads to action”. The entire purpose of learning Torah for all Jews is so that we may know what our Creator requires of us.
First of all, let us be clear by what we mean by “Torah”. Torah is not just the Five Books of Moses, but the entire library of Jewish Law. It begins with the Five Books of Moses, but also includes the other books of the Bible, the Talmud, Codes and Midrash. There is no end to what we can study and this is why study is a life long endeavor. It is not for any one social class or age group. Study is for all Jews all the time.
While the Hafetz Hayim excludes women from the obligation to study Torah, he does this because it is a positive Mitzvah that is time bound. Women, in general, are free from Mitzvot that are positive and time bound since they have other duties that may make their participation impossible. Conservative Judaism finds these exemptions less then compelling today and has declared that women too have the obligation to study Torah in its widest sense and also are obligated to teach it to their children, both sons and daughters. Judaism is just too important to be the realm of just men/boys in our modern age. I am not away of any level of study that is closed to women in Conservative Judaism.
Parents thus have an obligation to teach their children. The rule is that if one can only afford one teacher, either for the parent or for the child, the parents must hire a teacher for themselves, and they, in turn, should teach their children. If for any reason a parent did not fulfill this obligation and did not teach Torah to his or her children, then, beginning at age 13, the child must arrange for their own education. There is no excuse for not learning. Even if one has to beg from door to door, one must study. It is said that the greatest of the Sages, Hillel the Elder, when he was a student, was so poor he could not pay the entrance fee to the school. He then climbed on the roof and put his ear to the skylight to hear the lesson being taught below. Once he almost died up there when it snowed and he was buried while listening to the lesson. One of the teachers, concerned about the poor lighting, looked up, saw the figure of a man on the skylight and ran to the roof to save Hillel. I should also note that from that time on, they abolished the entrance fee. To this day, in order to study, most institutions will do all they can to make it affordable for all who are in need. Rabbi Eleizer, a brilliant mind, was disinherited because he wanted to study. He studied anyway. Rabbi Akiva was illiterate until he was over 40 years old, but went to school with his son and became one of the greatest sages.
It is encumbent upon all Jews, to set a time every day to study Torah. There are no exceptions or excuses allowed. (For the record, reading this E-mail counts for today’s study, now find something to study tomorrow!)
Next week: Mitzvah 15: The Mitzvah of writing a Torah Scroll

HMS Volume 2: Number 12 - Mitzvah 13: Birkat HaMazon

Halacha L’Moshe MiSinai
Volume 2: Number 12
January 2, 2006
Mitzvah 13: Birkat HaMazon

Mitzvah 13
It is a positive commandment to say the blessing of Birkat HaMazon after eating bread.
Hafetz Hayim: Scripture states, “and you shall eat and be satisfied, and bless the Lord your G-d.” (Deut. 8:10) According to the Torah one does not have to say the blessing unless he has eaten his fill. But the Sages enacted the law to say that even if he has eaten an olive’s amount of bread he is duty-bound to say afterwards the Birkat HaMazon. We infer this by the logic (kal v’Homer) that if a person says a blessing when he is full, how much more should he bless G-d when he is hungry. It is in force everywhere and at every time, for men. For women, there is disagreement if they have the obligation to recite the Birkat HaMazon or not.

In Judaism, there is a blessing for everything, and as we see from the passage in Deuteronomy, we have to bless G-d when we have eaten our fill. This passage has been interpreted to mean that we should recite the Birkat HaMazon. It is not just recited at the end of a meal, but anytime that we eat more than just a few crumbs of bread.
Bread is the key to understanding how our Sages looked at food. There are blessings for almost every kind of food. For fruits, vegetables, nuts and most drinks. As we eat each food, we are supposed to say the proper blessing. The Sages understood, however, that bread was different. Bread is the key food that makes up most meals. Therefore it was determined that if one was eating bread and said HaMotzi, than that would also cover any other foods that were being consumed and of the three different blessings after the meal, the Birkat HaMazon was the only one required. In short, the eating of bread defines the meal and thus it trumps all the other foods that may also be served.
Birkat HaMazon consists of three blessings. “who sustains all life”; “for the land and for nourishment”; who in His mercy rebuilds Jerusalem”; and “our Father, our King, our Creator and our Redeemer…”. These four make up the core of the blessing. Other prayers have been added to acknowledge holidays and other special occasions. There is a special introduction to the blessing if there are three or more present at the meal. We also make an addition when there are ten present at the meal. The Birkat HaMazon should be recited at the table where you eat the meal. If you end your meal at a different table than where you started, if possible, you should return to the first table for the blessing. Since the table is considered an alter, there are some who will remove knives from the table (instruments of violence) before reciting the blessings.
While the Hafetz Hayim notes that there is a dispute as to whether or not women are obligated to recite the Birkat HaMazon, in reality the dispute is over whether or not this obligation is from the Torah or is it an enactment of the sages (Midioraita or Miderabbanan) almost everyone agrees today that women are obligated to say Birkat HaMazon. The issue over the source of that obligation determines the ability for a woman to lead the recitation of the Birkat HaMazon, especially the introductory passages when three or ten are present. If the obligation is from the Torah, than a woman can lead others in the Birkat HaMazon. If her obligation is from the Sages, than a woman could not lead men in the prayer who certainly have a different, higher obligation. Egalitarian Conservative Jews consider women equally obligated for Birkat HaMazon and women, in fact, do lead the prayer when a quorum of three or ten are present.
Next week: Mitzvah 14: The Obligation to Learn and Teach Torah