In Honor and Memory of My Father and Teacher Leonard Konigsburg

On April 29, 2007 (11 Iyyar 5767) my father and my teacher, Leonard Konigsburg went to claim his portion in Olam Habah. I dedicate these lessons to my father who was an inspriation in my life and through his gentle teachings became the founder of the Konigsburg Rabbinic Dynasty.

Monday, October 22, 2007

3-5768: Mitzvah 72

Talmidav Shel Aharon
3-5768: Mitzvah 72
October 22, 2007

Mitzvah 72 – It is a positive commandment to upbraid a sinner
Hafetz Hayim: As Scripture says, “you shall surely rebuke your fellow.” (Lev. 19:17). He is to inform him that he does himself a wrong by his evil acts; and he is to inform him that he is telling hi this only for his own benefit, to bring him to life in the world-to-come. It is his duty to reprimand him until he listens to him, or until he strikes him and says “I will not listen to you.” There are some early authorities who are lenient about this, holding that it is enough until there is an angry retort [that the other gives us in rejecting our efforts]. But even the first view applies specifically when the person violates a prohibition by Torah law, and when he estimates that it will be effective for the future, that the other person will not do this thing again. Even a person of lower stature is duty-bound to rebuke a person of higher stature. Whoever has it in his power to oppose a sinner in his act and does not do so, fall victim to the guilt of is sin. Now, even though it is a religious duty to rebuke him [a sinner], he should not shame him first. It is a religious requirement to accept rebuke and to bear the chastiser affection. We find in the teachings of the Sages “that even if a person willfully violates a prohibition enacted by the Sages, it is permissible to call him a transgressor. It applies everywhere and in every time for both men and women.

This is a very difficult Mitzvah to perform because it has so many problems that can become attached to it. Let me first deal with the mechanics of the Mitzvah and then try and explain the problems.
This Mitzvah, on the surface is very straightforward. If we find someone whom we see is engaged in a violation of a Torah commandment, we have the obligation (not choice) to rebuke the actions of the person sinning and to try and get that person to do the right thing and not sin. It is so easy to sin and think that everyone is doing the same. When someone rebukes a sinner, that sinner can no longer think that his actions do not really matter. The idea is not to make anyone mad, but to get that person to contemplate his or her actions and to get them to do what is right. Such a person should really thank the one rebuking for saving his portion in the world to come. Additionally, it is possible to do a Mitzvah by mistake, but one must have intention to perform a sin. Rebuking a sinner forces that person to either change his or her ways or to affirm that it is his or her intention to sin, and thus they can no longer plead ignorance or error for their actions.
The first problem we detect with this Mitzvah is the intentions of the one who is doing the Rebuke. The rules of rebuking demand first of all, that the rebuke will have some effect on the Sinner. If the correction will be ignored, reviled or cause anger, than it is better to keep quiet and not rebuke. All the more so if the sinner is known to react violently to rebuke and could injure the one rebuking. Second, the one rebuking should have no vested interest in the sinner either continuing to sin or in changing his ways. If there is a hint of self-interest in the rebuke, someone else should do the rebuking. We don’t build ourselves up by tearing someone else down.
Not every sin is worthy of a rebuke. While we don’t try to rank one Mitzvah as being more important over another, note that the Hafetz Hayyim limits to rebuke to a violation of a Mitzvah from the Torah. Remember there is clear disagreement between Sages as to what some Mitzvot include. One does not rebuke another for following a different authority in Jewish law. So if a person does not hear the Shofar on Rosh Hashana one can “remind” that person that it is a Mitzvah to hear the Shofar. One should not, however, rebuke someone who is listening to the Shofar on Rosh Hashana, because he heard the Shofar in a synagogue where the one rebuking would not pray. Similarly one can rebuke someone who is eating forbidden meat, but not one who is eating food supervised by a Kashrut authority that the one who is rebuking does not accept.
There are authorities today, who feel that the whole rebuking process seems to be a very self-righteous way to act. There are many sinners today and rather than rebuke them, they should be treated as if they are someone who never had the chance to study and practice Jewish law. In other words, they are not sinners, just not fully aware of the complexities of Jewish law. Finally, no matter if one meets all the restrictions above and feels that, in this case, rebuke may help lift a person to live a better life, than rebuke may be given but always beware to give rebuke respectfully, honestly, sincerely and with great kindness. It should be a learning experience for the sinner and not ever be a source of embarrassment or shame. To shame a fellow human being is as close to committing murder as one can get without actually spilling blood. When we rebuke, we must carefully weigh and watch our words.

Monday, October 15, 2007

2-5768: Mitzvah 71

Talmidav Shel Aharon
2-5768: Mitzvah 71
October 15, 2007

Mitzvah 71 – It is a positive commandment to load with one’s fellow man, to set a burden on a domestic animal or on the person.
Hafetz Hayim: As Scripture says, “you shall surely help him lift them up.” (Deut. 22:4). If one left him and went his own way without helping him, he disobeyed a positive commandment. However, an elder for whom it is beneath his dignity is free of the duty. If, though, had it been his own he would have unloaded and loaded the burden, he is duty bound likewise with the burden of his fellow man. If he wishes to go beyond the strict letter of the law, he may unload or load it even if it is not in accord with his dignity; and may blessing come upon him.
If a person faced both the religious duty of unloading and the duty of loading, unloading takes priority because of the pain of the living creature. However, if the one needing his burden loaded was a person whom he disliked, and the other was a friend, it is a religious duty to help the disliked person first, so as to discipline his inclination. The disliked person mentioned here means someone whom he saw, when alone, committing a sing, whereupon he warned him but the other did not turn back. It is then a religious duty to hate him. Nevertheless he is to load and unload with him; for the other might delay on account of his items of monetary value and thus come into some danger. And it is proper to save him, since he does not believe I the main principles of our faith.
Loading is to be done specifically if the other pays him a fee for it; but for nothing there is no obligation to do loading. It applies everywhere and in every time for both men and women.
This Mitzvah is the flip side of the one from last week. There are two Mitzvot, one to help unload an animal that has fallen under its burden. That burden then needs to be reloaded, either in a different way so the animal can carry it, or onto another animal that may not have as much to carry or on the back of the owner.
Unloading always has priority since it also involves saving an animal from pain and suffering. Loading, however, is more about caring for our fellow human beings. Just like last week, an elder who does not want to sully his dignity does not have to help load the animal of another, but if he is traveling with aides, he can instruct them to help. If he also travels with animals and, from time to time has to reload them, then he must help others in need by the side of the road. If he has not reason to stop and stops anyway, this is acting above the letter of the law and such a man will be praised. People who are stuck on the side of the road are in grave danger of falling prey to robbers and vandals of all kind. To help them get back on their way is, in many cases, participating in saving a life.
There is also a special part of this Mitzvah that involves helping an enemy before a friend. Other sages note that when you stop to help an enemy load his animal, he may think that he has not judged you correctly and it is possible that the two of you may end the hard feelings between you. I have to pause here to comment on the Hafetz Hayim and his definition of an “enemy”. The definition he gives is one who sins in spite of being warned that such an action is prohibited. A person who spitefully sins is not the kind of person someone who loves G-d wants to be near. I am not sure that I would say that such a person should be “hated”. Many Sages insist that those who sin today are not acting out of spite for the law, rather they just don’t know any better. I also assume that this could be the only person the law would allow you to hate. Anger is permitted for a day or two, but we have a big Mitzvah to forgive those who offend us so that we do not hate them for long.
I am not sure what the rule is on being paid. I admit that this seems strange to me. I can only guess that since there were people who were paid to help load an animal that the owner of the load could try and bypass paying such people by doing it himself and when it fall apart anyway, expecting those who he meets on the road to retie the load for free. Thus if he is on the road, he still needs to pay those who help him load up the animal again.

Wednesday, October 10, 2007

1-5768: Mitzvah 70

Talmidav Shel Aharon
1-5768: Mitzvah 70
August 20, 2007

I am beginning now another year of my online study. What began as a lesson mailed to a few friends, is now a permanent blog with archives of all the previous lessons. I thank all of you who have taken the time to read and comment on my teachings for joining me in this study of Judaism and Jewish Law. May G-d bless our efforts in the New Year.

Mitzvah 70 – It is a positive commandment to unload fro the domestic animal of one’s fellow-human being that is lying under its burden.
Hafetz Hayim: As Scripture says, “if you see the donkey of one that you hate lying under its burden …you shall surely help with him.” (Exodus. 23:5). – even if there was on it a larger load that was fit for it. It is one’s duty to unload it for nothing, without payment. However, an elder for whom it is beneath his dignity is free of the obligation. If one unloaded and reloaded [the animal] and it fell down again, he is duty-bound to unload and load it back on yet another time, and even a hundred times, as Scripture says, “you shall surely help with him”. And he as to walk with him as far as a parasang {to make sure all is now in order] unless the owner of the load says, “I do not need you.” It applies everywhere and in every time for both men and women.

There are two different reasons for this Mitzvah. The first is an issue of Tzar Baalai Hayyim, or Kindness to Animals. Since animals were the main beasts of burden, (esp. donkeys) it is possible to load them up with more stuff than they are able to carry. If the animal can’t carry the load, it will collapse under the weight or just refuse to carry it. At the beginning or end of the journey, there will be helpers to load and unload the animal, but on the road, only the owner of the load or the owner of the animal (it could be the same person) is present and reloading the animal requires more than two hands. It is in the animal interest to have the load redistributed so that it is easier to carry or that some of the load be transferred to a stronger animal. The animal can’t talk to us, so it is a matter of trial and error, but we need to keep up the process until the animal can carry the load placed on its back.
The other reason for the mitzvah has to do with caring about our fellow human beings. We can’t just ignore a person in need. Even if that person is an enemy or one that we hate, we must stop and lend a hand. Perhaps it will lead to reconciliation, but even if it does not, we still have the responsibility to help. It is certain that if we do not help but just walk on by, we will not be making any new friends, and our enemies will hate us even more. We are not to ask for any pay for helping a person in distress. There are some who say that this therefore would apply to seeing a person who has a broken down car by the side of the road. We cannot just drive by, but must help change the tire or do what we can to help the person get back on the road. We become the roadside assistant that the other person needs. There is a danger her. It is well known that there are some nefarious people who use a broken down car to lure unsuspecting drivers to stop and be robbed or worse. But in the middle of the day in the middle of the city, others may drive by but we should at least stop and offer to call for help, as long as we don’t endanger ourselves.
The Hafetz Hayyim also notes that an elderly person or someone infirm or unable to help, does not need to stop and help with a job that is clearly beyond his or her capacities. We should stop and do what we can, even if it means only getting someone else to come and help.
A Parasang is a “Persian Mile” it equals 8,000 cubits or about 2.4 miles or 3.84 km.