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, December 24, 2007

10-5768: Mitzvah N-2

Talmidav Shel Aharon
10-5768: Mitzvah N-2
December 23, 2007


Negative Mitzvah 2 – It is a negative commandment that Hametz (leavened food) is not to be seen in the domain or possession of a member of the Jewish People, the entire seven days of Pesach.
Hafetz Hayim: For Scripture says, “and no leavened bread shall be seen with you.” (Ex. 13:7) It is in force everywhere, at every time, for both men and women.

Negative Mitzvah 3 – It is a negative commandment that Hametz is not to be found in a Jew’s domain or possession on Passover.
Hafetz Hayim: For Scripture says, “Seven days leaven shall not be found in yoru houses (Ex. 12:19) If someone leaves Hametz in his home on Passover - for example, if he lets dough become leavened on Passover and leaves it in his home, or he buys Hametz and puts it away willfully, he is liable for lashes for two sins. (the prohibition of being seen and for being found) because he has done a physical act to violate them. But if he let Hametz remain on Passover from before Passover, not having destroyed it, while he violates the two prohibitions noted above, he would not be liable for lashes, since he did no physical act. If the Hametz of a non-Jew is found on the premises of a Jew, if the Jew has accepted responsibility for it he is obligated to destroy it. If he did not accept responsibility for it, there is no prohibition against keeping it since Scripture says, “no leavened bread shall be seen for you”. (Ex. 13:7) Yours you may not see, but you may see that of others. If, however, the non-Jew can sue the Jew for it according to a non-Jewish law, then even if he did not accept responsibility for it, he is duty bound to destroy it.
If Hametz has thus remained through Passover, it is forbidden to have any benefit from it, by the law of the Sages, as a penalty because the two prohibitions against it being seen and being found in a Jew’s domain, have been violated. Even if it was forgotten inadvertently, the Sages declared it forbidden. It is in force everywhere, in every time, for both men and women.

When the Torah says that all leavened products have to go, they really mean it. You have to remove it from your possession and remove it from your homes and business. You can’t see it, touch it or use it in any way. It is totally forbidden for a Jew to have any connection to Hametz on Passover.
This law applies as long as the Hametz does not belong to the Jew. We are permitted to see, and possess Hametz that does not belong to us. (Remembering that to eat such Hametz on Passover or any other day would constitute stealing from the non-Jew). It is this exception that permits us to “sell” Hametz on Passover to a non-Jew so that we do not need to remove it all from our homes. This sale on Passover is not a “legal fiction” it is a binding sale that allows the non-Jew to buy all the Hametz in our homes for a very small down payment with the balance due to the seller as soon as Passover is finished. Since the final payment is quite large, usually the non-Jew does not pay the final installment on time and forfeits the sale.
Punishment for seeing and owning Hametz depends on there being a willful act to bring the Hametz home. If it was left for Pesach by accident or if it is not his fault it has come into his home, than he still must remove it and destroy it and he cannot derive any benefit from it. He cannot sell it to a non-Jew or get a charitable tax deduction for giving it to charity. All of this is due to the declaration that is made before Passover begins that “all Hametz in my possession is declared to be ownerless and like the dust of the earth.” This applies to any large amounts of Hametz that the Jew is unaware of being in his possession, and to any small amounts of Hametz that may be a minor ingredient of some food that otherwise could be owned on Passover. Thus, Milk, that may have some accidental Hametz in it that is purchased before Passover, and unopened until the holiday begins (and after the declaration is made) can be served on Passover but new milk, purchased on the holiday itself, must be certified to be free of any traces of Hametz.
Before Passover begins, we must do a through removal of all Hametz, and then search for the last crumbs the evening before the Seder. (When Passover begins on Saturday night, the search is done Thursday evening and you should consult a Rabbi as to what to do with the Hametz you need to observe Shabbat.)
Any willful violation of the laws of Hametz are very serious infractions, they are violations of a commandment of the Torah. Hametz that remains unfound and discovered after Passover is over is to be destroyed and no benefit can be derived from it because of the declaration recited at the beginning of the holiday. This is an enactment of the Sages and not a Torah commandment.

Wednesday, December 19, 2007

9-5768: Mitzvah N-1

Talmidav Shel Aharon
9-5768: Mitzvah N-1
December 18, 2007


Negative Mitzvah 1 – It is a negative commandment not to eat the sinew of the thigh-vein
Hafetz Hayim: For Scripture says, “Therefore the children of Israel do not eat the sinew of the thigh-vein.” (Gen. 32:33) it applies to pure [kosher] domestic and untamed animals, and it applies also to an embryo – both to the right thigh and the left. There are two sinews: the inner one, near the socket of the hipbone is forbidden by the law of the Torah. The rest of the inner sinew, which is not about the socket, and the entire upper sinew, with the fat on them and on the sinew of the thigh-vein, along with the other sinews and membranes, are forbidden by the ruling of the Sages. If someone ate the sinew of the thigh-vein from a n’velah [an animal that died from a cause other than Kosher ritual slaughter] or from a t’refah [an animal that was mortally wounded or ill], he violates two prohibitions. (Eating forbidden meat and eating the thigh-vein) By the Oral Tradition we know that it is permissible to derive [other] benefit from the sinew. It is in force everywhere, at every time, for both men and women.

This entire prohibition is derived from the outcome of the wrestling match between Jacob and the mysterious opponent in the middle of the night. Jacob is wounded in this match and the text tells us that because he was wounded in the hip, we do not eat the thigh-vein to this very day. It is the third of only three Mitzvot that are derived in the book of Genesis.
There was a time when Kosher Butchers were very skilled and were able to remove the thigh-vein and the Rabbis permitted the hind legs of large mammals when they were killed properly. This is no longer the case. While there are a few butchers who are so skilled, modern kosher supervisors no longer permit meat from the hindquarter. This is part of the ongoing process of making Kashrut more and more stringent. Sometimes it seems as if everything that was once permitted, is now forbidden so that there should never be a question raised about the Kashrut of meat. It is a sorry state of affairs.
Note that there are two categories in this Mitzvah. One part is forbidden by the explicit command of the Torah and one is forbidden by a ruling of the Sages (in this case the Sages of the Talmud). Since it may not be clear exactly what the Torah has forbidden, they forbid all the veins in the hindquarter. Note that you can’t eat the thigh-vein from a non-kosher animal either, nor from a kosher animal that is killed improperly.
Finally, a note on the “Oral Tradition”. The Torah was given in written form to Moses on Mt. Sinai. Jewish tradition tells us that Moses also received an “oral tradition” at the same time (it would not take 40 days and night just to get a book. Moses spent the time learning the Oral tradition.). Since there are many ways of interpreting the written law, the Oral Tradition comes to tell us how the written law is to be applied. In our case, the written law says that we can not eat the thigh-vein. But does this also mean we can not derive any benefit from it? The Oral Tradition tells us that we can indeed benefit from it. This allows us to use the meat we cannot eat as food for other animals or to sell to non-Jews who are permitted to eat it. The money we raise from this sale can be used to support our family or to give to Tzedakah. If this were not permitted, the meat would have to be thrown away

Monday, December 10, 2007

8-5768: Introduction to the Negative Mitzvot

Talmidav Shel Aharon
8-5768: Introduction to the Negative Mitzvot
December 10, 2007


On August 29, 2005, as the year 5764 was drawing to a close, I began a new volume of what we called then, “Halacha L’Moshe MiSinai. I had spent the previous two years commenting on different aspect of Jewish Law. I had just returned from my three month Sabbatical and was ready to start something new with this list. In those days I was posting a lesson and sending it by Email to those who has subscribed. In the past 28 months I have left my position at Temple Sinai of Hollywood, started my new position at the Temple of Aaron in St. Paul and changed the name from “Halacha L’Moshe MiSinai” to “Talmidav shel Aharon. I also started posting the lessons to a blog so that the older lessons could be archived. I want to again thank my son, Eitan, for his help in showing me how easy it is to write a weekly blog.
Taking advise from my wife, Michelle, I decided to begin to introduce my students to the work of the Hafetz Hayyim, (for his biography see HMS 2,2 5755) in particular, his list of commandments that could be followed in our day. We are all taught that there are 613 commandments that Jews are supposed to follow. 248 are positive commandments (a number, according to the Sages is equal to the bones in a human body) and the other 365 are negative commandments (a number, according to the Sages, equal to the number of days in a solar year). These are a lot of commandments that G-d has placed on our shoulders, but Rabbis, including the Hafetz Hayyim, understand that most of these commandments are not possible to perform in our day and age. Some of them were only possible to perform when the Temple of Jerusalem was in existence. Since it was destroyed in 70 CE, we no longer can observe these Mitzvot. Some of them relate only to the land of Israel, and if we do not live in the land of Israel, we are exempt from these Mitzvot.
The Hafetz Hayyim chose to comment only on the positive and negative commandments that are still in force for all of us who are still living in the lands of our dispersion. We have just completed the 77th positive commandment concerning Amalek and with it we have finished the positive commandments. It has taken us about 2 1/3 years to complete this task. I can only add that positive commandments are in effect as long as there is no danger to our life or limb. In times of danger to our health, we are commanded to skip the positive Mitzvot until such a time as the danger has passed, and then we pick up where we left off. Hanukah is a great time to contemplate this. When the Maccabees recaptured Jerusalem from the Syrian-Greeks, the set out to re-purify the Temple and begin to worship there as they did before they were forced into the hills. When the Temple was ready to be rededicated, the looked to see what holiday they could celebrate in the middle of the winter. According to the Book of Maccabees, the last holiday they had missed was Sukkot, a seven day holiday with an eighth day holiday at the end. The Maccabees then re-lit the candelabra and celebrated Sukkot for eight days. This may be the real origin of our eight-day festival of lights.
Women also find that they are exempt from Mitzvot, which are positive, and time bound. This was a nod by the ancient Sages to women who have responsibilities that are not always bound by a set time or schedule.
In the second part of his book on the Mitzvot, the Hafetz Hayyim will cover 194 negative commandments. As if often the case with law, it is far easier to say what one cannot do than to say what is permitted. Since the 613 commandments have far more negative than positive commandments, we should not be surprised to find that there are more negative commandments in effect than positive ones still in effect. We should also note that there are far fewer exemptions from the negative Mitzvot than the positive ones. If G-d tells us that there are some things that we cannot do, than we just don’t do them. I should also note that because there are so many negative commandments still in effect, it is also not permitted to make up more of them. There are already enough things we are not allowed to do, we will be eventually called to account for the things we were permitted to do and yet forbid ourselves from doing it. This is to prevent false acts of piety and fanaticism. I can’t say that this is a perfect system, but it is the one we are working will.
Just a note, when I checked the archives, I noted that HMS 2.1 is dated 5755. That is a typographical error. It should read 5765. I will later change the blog archives to correct that error.
As always, if you know of someone who wants to read the lessons, feel free to send them the link to this blog or to write to me at hmsinai@aol.com and ask to be sent a reminder when new lessons are posted.
As always, your comments are welcome and will be added to the end of the lesson by the end of the week.

Thank you for your commitment to Jewish LearningRabbi K.

Tuesday, December 4, 2007

7-5768: Mitzvah 76-77

Talmidav Shel Aharon
7-5768: Mitzvah 76-77
December 4, 2007

Mitzvah 76 – It is a positive commandment to remember the action that Amalek took against us.
Hafetz Hayim: For Scripture says, “Remember what Amalek did to you ” (Deut. 25:17This means to remember orally, in spoken words, his evil deeds and his ambush against us, so as to bestir our heart to hate him. It applies everywhere and in every time for both men and women.

Mitzvah 77 – It is a positive commandment to decimate the descendants of Amalek.
Hafetz Hayim: For Scripture says, “You shall blot out the remembrance of Amalek. (Deut. 25:19) However, we do not know who are the people of Amalek, until the prophet Elijah will come and inform us who they are; and then we will wipe out all remembrance of him from under heaven. May Hashem grant us to see the arrival of Elijah the Prophet and our righteous Messiah speedily in our time; Amen
All the positive commandments in effect at the present time have been completed, their number being seventy-seven.

And so the last two positive commandments are perhaps the simplest and the most difficult at the same time.
Who is Amalek? According to the Torah, the people of Israel fresh from their salvation at the Red Sea are crossing the desert on their way to Mt. Sinai and the Promised Land. Suddenly, the Amalekites attack our people without warning. According to Deuteronomy, they attacked from the rear, where the weakest and the stragglers could be found. Our people stand their ground and counter-attack and rout the Amalekites in a daylong battle. Moses then teaches that because they attacked in such a cowardly manner against the people blessed by G-d, G-d has ordained that the Israelites should remember that Amalekites must be destroyed once and for all, and none of them shall remain.
In the book of Samuel, it is recorded that the first Israelite king, Saul, is commanded to finish this work. It is to be a complete destruction; nothing of the Amalekites shall remain. Saul does part of the job, the men, women and children of the Amalekites are killed but he keeps the King alive and brings back the cattle for an offering to G-d. G-d is so angry that Samuel is to tell Saul that since he has disobeyed the commandment of G-d, then he will lose his kingship to someone else. From that moment on, it is all downhill for Saul.
One would think that if Saul did such a good job, than why would this Mitzvah still be on the books. According to the Rabbis of the Talmud, before the king of Amalek was killed by Samuel, he had a chance to impregnate one more woman. From this union descends every person who has ever hated Jews. Of course we can not prove this so we wait for Elijah, who will come just before the Messiah and let us know who needs to be killed to, once and for all, wipe the people of Amalek off the face of the earth.
Let us be clear. We have no idea who the descendants of Amalek are today so we have no right to kill anyone. That being said, we still have the stain of Genocide that needs to be addressed. As a people who have been slaughtered, men women and children, in genocide, it is hard to imagine that we are commanded by G-d to turn and do this to some other people. It is hard to contemplate a good G-d who would command such an action. It is hard to see this as a religious obligation that falls on our shoulders.
I can offer two answers to these questions. First, it is not right to put modern theology on ancient stories. Amalek and Israel were mortal enemies. Israel got the upper hand and wiped them out. That was war in ancient times and it is not the rules we fight under today. Jews have called many anti-Semites “Amalek” over the centuries, but we never again committed an act of genocide to complete this task. The Sages of the Talmud understood that there would always be people who hate us so they kept on the books the duty to remember those who have a senseless hatred of the Jewish people and to work to end their prominence in the world.
Second, that we must continue our work to end this kind of senseless hatred by remembering that, when those who hate us got the opportunity, they killed the innocent of our people, the weak and the stragglers. Such people do not deserve mercy but should be hunted down. We must not overlook their acts of terror and retaliate when the time is right, and never forget our duty to avenge these barbaric acts. We must not kill women and children and innocent bystanders anymore, but those who actively hate and kill, must be neutralized so they can no longer hurt us. It is a matter self-preservation. If we are worried about future generations of Amalekites, than we must wait for Elijah to show us who these haters are so we can deal with them appropriately. In this way Judaism addresses this kind of deep evil and attempts to root it out of Jewish life.
Finally, we come to the end of the positive commandments. Next we will begin, with G-d’s help, to explain the negative commandments. Perhaps, because of our studies, we will be privileged to see the arrival of the Messiah and the beginning of an era with no more war and bloodshed.