Talmidav Shel Aharon
13-5768: Mitzvah N-7
January 28, 2008
Negative Mitzvah 7 – It is a negative commandment not to go out on the Sabbath beyond the Sabbath limit.
Hafetz Hayim: For Scripture says, “let no an go out of is place on the seventh day” (Ex. 16:29) This mean s that if one goes outside the city or town, even one cubit more than twelve mils (The distance corresponding to the length of the Israelites camp in the wilderness), he is to receive whiplashes by the law of the Torah. Whoever goes out beyond 2,000 cubits, which is the area of open land about the town or city, is to be punished with whiplashes of disobedience. This is the view of Rabbi Alfasi and Rambam. [but there are many early authorities, of blessed memory, who hold that even if one walks many parasangs, it is only a violation of a law of the Sages and not a law of the Torah]. The 2,000 cubits are reckoned as square cubits, so as to gain the extra distance to the corners [in the square of 2,000 by 2,000 cubits,] Within the city it is permissible to walk through all of it, even if it is very large. It is in force everywhere, in every time, for both men and women.
Last week we talked about the 49 Av Melachot, the primary rules of what is forbidden work on Shabbat. But note, that this law is based on a verse that is found in the Torah four full chapters before the giving of the Law at Sinai. This is a very separate law that is derived from the miracle of Manna in the wilderness. Everyday the people were to go outside the camp to gather the Manna they would need for the day. On Friday, they had to gather a double portion (which is why we have two Challot on Friday night!) and were told not to leave their place. Since this is taken to mean they should not leave the camp to gather Manna (which would not fall on Shabbat) we get the reference to the size of the Israelite camp in the wilderness. I suspect that this is a bit of Rabbinic fantasy. There is no reference I know of in the Bible that sets a size to the Israelite camp.
A “mil” is 2,000 amot (cubits) or 1121 meters or 1226 yards. There are 4 mil in a parasang, which is 4486 meters or 4905 yards.(There are 1760 yards in a mile and 1000 meters in a kilometer) So we have here the better part of a mile from home a person can walk. The 2,000 cubits distance around the city is a 2,000 cubit square that allows a person to walk to the corners of the square (as opposed to a 2,000 cubit circle from some center point that would be more restrictive. The city that the Haftz Hayyim is referring to is a walled city which has a very distinct boundary, (the city gate) that one can measure from. Because most cities today do not have a wall, a “wall” is created by the construction of an “Eruv” a Shabbat boundary that serves as the limit one can measure so one knows when he or she has violated the Shabbat boundary.
The argument between Rabbi Alfasi (who wrote the Jewish Law code called the “Tur”) and Rambam (Who wrote the Jewish Law code called the “Mishna Torah”) and many of the other Sages is the source of these measures. Alfasi and Rambam see this law as a prohibition of the Torah and the others see it as a Rabbinic Law. At stake is the punishment. Violations of Torah law are far more serious that violations of Rabbinic Law since the Rabbis were far from infallible. It is hard to say exactly why they don’t take the more strict position except for the possibility that this is an easy law to break unintentionally. It is really easy to step beyond the boundary. I suspect that they want to be a bit lenient on those who err in their journey.
Within the eruv or the walls of the city, one is able to walk from one end of the city to the other since it is all considered to be “his place” so no restrictions apply.
Conservative Judaism in effect, put this entire law aside with its historic (or some say catastrophic) decision to allow Jews to ride to synagogue on Shabbat (but not to any other place) this opened the door to travel far beyond these limits. Those who still refrain from driving and travel on Shabbat usually don’t travel outside these limits to this day.
Monday, January 28, 2008
Wednesday, January 23, 2008
12-5768: Mitzvah N-5
Talmidav Shel Aharon
12-5768: Mitzvah N-5
January 21, 2008
Negative Mitzvah 6 – It is a negative commandment to do no work on Shabbat.
Hafetz Hayim: For Scripture says, “you shall not do any work etc.” (Ex. 20:10) The Sages of blessed memory listed thirty-nine major primary kinds of forbidden labor, which are taught in the seventh chapter of the Talmud tractate Shabbat (73a). For any of the primary labors, and so for any of their derivative kinds, the punishment deserved is death by stoning. If it was done deliberately, but there was no prior warning, the penalty is Karet (Divine severance of existence); and if it was done unwittingly, a Hattat (sin offering) would be required. The difference between primary kinds of labor and the derivatives is only in regard to the number of animal offerings required. The punishment for willfully doing those kinds of labor which are Sh’vut, forbidden by the law of the sages, who made this decree about them as a “fence,” a protective measure, is whiplashes of disobedience.
About all these labors we are adjured also in regard to our domestic animals. To tell a non-Jew to do some labor is forbidden by the law of the Sages, and this is called Sh’vut. The Sabbath may be thrust aside [and labor is done] where there is danger to human life. The Sabbath is equal in importance to all the Mitzvot, since it is a sign between the blessed Lord and the Jewish people. If someone violates the Sabbath willfully, flagrantly, hi is like a heathen in every respect. The prophet, though, praises one who keeps the Sabbath, as Scripture says, “Happy is the man that does this…that keeps the Sabbath from desecrating it.” [Isaiah 56:2] It is in force everywhere, in every time, for both men and women.
There is much to unpack in this commandment.
The laws of Shabbat are found in two places in the Torah, It is a part of creation, for G-d rested from creating on Shabbat. And the fourth commandment (in this week’s Parshat Yitro) requires all Jews to refrain from working or making animals and slaves work. Multiple times we are commanded in the Torah to not work on Shabbat as G-d rested and because it is a holy day, not for secular activities. There is only one problem; the Torah never defines what it considers to be “work”! The only hint the Sages can find for a definition of work, are the activities that go into creating the portable sanctuary in the wilderness (the Mishkan) because just after the command to build the Mishkan, G-d reminds the people that they cannot “work” on Shabbat. The Sages then identify thirty-nine different actions that are classified in the reference to the Talmud. They are all activities that are associated with building the Mishkan. These 39 activities are called, Av Melachot, the original prohibitions on work. If someone were to willfully violate any of them, that person would be guilty of a capital crime and the punishment is death. To prevent this, the Sages created a “fence” around these 39 laws; they extended them so that just preparing to violate one would be a violation itself. These laws are called “sh’vut”. For example, buying and selling are one of the Av Melachot. Going into a store would be a violation of a sh’vut, and the penalty is whiplashes, painful but not death. Later Sages would extend the fence to a new category, “muksa” things we don’t touch because it could lead to a violation of sh’vut or an Av Melacha. Muksa would be handling money on Shabbat that could only lead to going to a store or buying something, a capital offence. The Sages did not like going to the death penalty. (A court who convicted anyone of a capital crime once in seven years was called a “hanging court”) so they made it more difficult to actually do anything that could lead to such a crime.
The laws of Shabbat were for everyone, citizens, slaves, visiting outsiders and extended even to animals. Work was forbidden, period. The only exception to this was a non-Jew could do activities on Shabbat that were part of his or her regular routine. If a non-Jew were making a pot of coffee for himself, Jews could share in it. If she needed to light a candle, then a Jew could use the light from that candle. If a bus were going where you needed to go and you didn’t have to pay for the ride (you had a monthly pass for example) you could get on the bus and ride on Shabbat. (There may be an issue with carrying the bus pass, so see your Rabbi before using this permission)
Finally, we must remember the “Prime directive” in Judaism is “Choose Life” you are forbidden to do or not do any activity that could endanger your life or the life of another person. All the laws of Shabbat are suspended when life is on the line. A Doctor could work the emergency room on Shabbat, or take calls. A heating repairman could go out and fix a furnace on an exceptionally cold day. Workers for the Power Company could work to make repairs on Shabbat since the loss of electricity could endanger the lives of those who need the electricity to survive. Needless to say, soldiers and police officers are also exempt from Shabbat prohibitions. Women who are exempt from time bound Mitzvot are not exempt from the laws of Shabbat since the exemption only applies to positive commandments and not to negative ones. But if the life and health of children are involved, parents can violate Shabbat. If we are not sure if a life is at stake or not, i.e. we don’t know if someone is really sick or not, we err on the side of caution and violate Shabbat on their behalf. It is better to violate one Shabbat than to risk the loss of health of life.
Shabbat is one of the Ten Commandments and considered a vital part of Judaism. Those who willfully violate Shabbat are considered to have renounced their link to the Jewish people. We can argue if electricity is really considered by Jewish law as “fire” or not, but cooking is still a violation. Of course, if one did not learn the laws, then they are not guilty of willful violation but should take the time to learn them as adults. One modern Sage reminded his students, “More than the Jewish People have kept Shabbat, Shabbat has kept the Jewish people.” To really understand what it means to live a Jewish life, one needs to accept Holiness of Shabbat into their lives. That includes these prohibitions and a whole lot more.
If you don’t know where to start, talk to your Rabbi.
12-5768: Mitzvah N-5
January 21, 2008
Negative Mitzvah 6 – It is a negative commandment to do no work on Shabbat.
Hafetz Hayim: For Scripture says, “you shall not do any work etc.” (Ex. 20:10) The Sages of blessed memory listed thirty-nine major primary kinds of forbidden labor, which are taught in the seventh chapter of the Talmud tractate Shabbat (73a). For any of the primary labors, and so for any of their derivative kinds, the punishment deserved is death by stoning. If it was done deliberately, but there was no prior warning, the penalty is Karet (Divine severance of existence); and if it was done unwittingly, a Hattat (sin offering) would be required. The difference between primary kinds of labor and the derivatives is only in regard to the number of animal offerings required. The punishment for willfully doing those kinds of labor which are Sh’vut, forbidden by the law of the sages, who made this decree about them as a “fence,” a protective measure, is whiplashes of disobedience.
About all these labors we are adjured also in regard to our domestic animals. To tell a non-Jew to do some labor is forbidden by the law of the Sages, and this is called Sh’vut. The Sabbath may be thrust aside [and labor is done] where there is danger to human life. The Sabbath is equal in importance to all the Mitzvot, since it is a sign between the blessed Lord and the Jewish people. If someone violates the Sabbath willfully, flagrantly, hi is like a heathen in every respect. The prophet, though, praises one who keeps the Sabbath, as Scripture says, “Happy is the man that does this…that keeps the Sabbath from desecrating it.” [Isaiah 56:2] It is in force everywhere, in every time, for both men and women.
There is much to unpack in this commandment.
The laws of Shabbat are found in two places in the Torah, It is a part of creation, for G-d rested from creating on Shabbat. And the fourth commandment (in this week’s Parshat Yitro) requires all Jews to refrain from working or making animals and slaves work. Multiple times we are commanded in the Torah to not work on Shabbat as G-d rested and because it is a holy day, not for secular activities. There is only one problem; the Torah never defines what it considers to be “work”! The only hint the Sages can find for a definition of work, are the activities that go into creating the portable sanctuary in the wilderness (the Mishkan) because just after the command to build the Mishkan, G-d reminds the people that they cannot “work” on Shabbat. The Sages then identify thirty-nine different actions that are classified in the reference to the Talmud. They are all activities that are associated with building the Mishkan. These 39 activities are called, Av Melachot, the original prohibitions on work. If someone were to willfully violate any of them, that person would be guilty of a capital crime and the punishment is death. To prevent this, the Sages created a “fence” around these 39 laws; they extended them so that just preparing to violate one would be a violation itself. These laws are called “sh’vut”. For example, buying and selling are one of the Av Melachot. Going into a store would be a violation of a sh’vut, and the penalty is whiplashes, painful but not death. Later Sages would extend the fence to a new category, “muksa” things we don’t touch because it could lead to a violation of sh’vut or an Av Melacha. Muksa would be handling money on Shabbat that could only lead to going to a store or buying something, a capital offence. The Sages did not like going to the death penalty. (A court who convicted anyone of a capital crime once in seven years was called a “hanging court”) so they made it more difficult to actually do anything that could lead to such a crime.
The laws of Shabbat were for everyone, citizens, slaves, visiting outsiders and extended even to animals. Work was forbidden, period. The only exception to this was a non-Jew could do activities on Shabbat that were part of his or her regular routine. If a non-Jew were making a pot of coffee for himself, Jews could share in it. If she needed to light a candle, then a Jew could use the light from that candle. If a bus were going where you needed to go and you didn’t have to pay for the ride (you had a monthly pass for example) you could get on the bus and ride on Shabbat. (There may be an issue with carrying the bus pass, so see your Rabbi before using this permission)
Finally, we must remember the “Prime directive” in Judaism is “Choose Life” you are forbidden to do or not do any activity that could endanger your life or the life of another person. All the laws of Shabbat are suspended when life is on the line. A Doctor could work the emergency room on Shabbat, or take calls. A heating repairman could go out and fix a furnace on an exceptionally cold day. Workers for the Power Company could work to make repairs on Shabbat since the loss of electricity could endanger the lives of those who need the electricity to survive. Needless to say, soldiers and police officers are also exempt from Shabbat prohibitions. Women who are exempt from time bound Mitzvot are not exempt from the laws of Shabbat since the exemption only applies to positive commandments and not to negative ones. But if the life and health of children are involved, parents can violate Shabbat. If we are not sure if a life is at stake or not, i.e. we don’t know if someone is really sick or not, we err on the side of caution and violate Shabbat on their behalf. It is better to violate one Shabbat than to risk the loss of health of life.
Shabbat is one of the Ten Commandments and considered a vital part of Judaism. Those who willfully violate Shabbat are considered to have renounced their link to the Jewish people. We can argue if electricity is really considered by Jewish law as “fire” or not, but cooking is still a violation. Of course, if one did not learn the laws, then they are not guilty of willful violation but should take the time to learn them as adults. One modern Sage reminded his students, “More than the Jewish People have kept Shabbat, Shabbat has kept the Jewish people.” To really understand what it means to live a Jewish life, one needs to accept Holiness of Shabbat into their lives. That includes these prohibitions and a whole lot more.
If you don’t know where to start, talk to your Rabbi.
Tuesday, January 1, 2008
11-5768: Mitzvot N-3 & 4
Talmidav Shel Aharon
11-5768: Mitzvot N-3 & 4
January 1, 2008
Negative Mitzvah 4 – It is a negative commandment that Hametz (leavened food) is not eaten on Pesach.
Hafetz Hayim: For Scripture says, “and no leavened bread shall be eaten.” (Ex. 13:3)It is even forbidden to derive any benefit from it. If someone eats an olive’s amount on Passover – if deliberately, he would deserve Karet; if unwittingly, he should have to bring a sin offering. It is all one whether a person eats it or dissolves it and drinks it. If someone eats less than an olive’s amount of it, he should be given whiplashes of disobedience. It is in force everywhere, at every time, for both men and women.
Negative Mitzvah 5 – It is a negative commandment to eat no mixture with Hametz on Pesach.
Hafetz Hayim: For Scripture says, “You shall eat nothing leavened.” (Ex. 12:20) Whether it became mingled with its own kind, or if it becomes mingled with food that is not of its own kind, if there is an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf of bread, this prohibition is violated by eating it but there would be no punishment of Karet. If there is not an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf, he who eats it should be beaten with whiplashes of disobedience. It is in force everywhere, in every time, for both men and women.
In last weeks lesson, we talked about Hametz that could not be in one’s possession. Now we are talking about Hametz that is actually eaten. It is not enough to get rid of it so that it cannot be seen. It is also forbidden to eat Hametz or to derive any benefit from Hametz that is to be eaten.
Let me also offer a reminder that Hametz is anything made from wheat, oats, rye, barley and spelt that has been allowed to ferment for more than 18 minutes. Matzah is usually wheat that has been quick baked at a high temperature with less than 18 minutes from the time the water first touches the flour.
The first difference we encounter in these laws is if the person who did the eating did it deliberately or accidentally. If deliberately, then the person is liable for the punishment of Karet. Maimonides defines “Karet” as the complete extinction of the soul.” The implication is that this person’s soul will not live on in any afterlife, but will become extinct from this world and the next. It is NOT a human punishment, but one that can only be administered by G-d. Some may say that this is really no punishment at all since it has no effect on the violator’s current life and comes to play only after death. The reality is that Karet is about a punishment between a sinning human being and G-d. How it plays out is beyond our understanding. The Sages considered it to be a terrible punishment that was far worse than any punishment in the human arsenal.
The next question is why should someone who eats Hametz accidentally have to bring a sin offering? After all, it was an accident! The purpose of a Sin offering is to alleviate the guilt feelings of committing a sin accidentally. It is a reminder that we need to be careful in our observance of the law.
The next question is about the amount of the Hametz eaten. The minimum size of the amount eaten is an olive’s bulk. This is about 25-30 cubic centimeters (there is disagreement as to the equivalencies in Talmudic measurements) or about one ounce. If one eats less than an olive, then it is almost inconsequential. If more, one has violated the prohibition. If one eats less than an olive but deliberately, then he gets punished for disobedience since the only reason that he ate such a little amount was to get around the law. While we are talking about the total amount of Hametz consumed, even if the amount was dissolved in juice or water, it is still Hametz and the above rules apply.
What happens if we mix the Hametz with other types of food so that it no longer looks like Hametz? What happens if we mix it with grains that are prepared in accordance with the Laws of Passover or mixed with other types of food that are also permitted on Passover like apples or meat? The laws of mixtures would say that any substance that is mixed with Hametz is forbidden on Passover subject to some size restrictions. If the olive’s amount is mixed with an amount of food up to the size of half a loaf of bread (this is Passover so we are talking about half a piece of Matzah) then the law has been violated. If the olive bulk is mixed with a larger quantity, then it is too diluted to be a violation of the law. The Talmud specifically notes that Karet would not be the punishment for this kind of mixing. The Hafetz Hayyim also points out that if the amount is less than an olive mixed with less than half a loaf of Matzah, if done deliberately, then the person gets whipped for disobedience. The Sages were not very kind to people who willfully violated the law but tried to avoid punishment by staying below the minimum. And accidental mixing is an accident, but if the mixture were willful, than even the smallest amount of Hametz would be forbidden. On Pesach we are very careful.
Note that these two laws, and the two from last week make it crystal clear that Hametz must be far removed from our possession for Pesach. We can’t eat it, mix it, own it, use it, derive any benefit from it or have it anywhere where we can find it. Because the Bible mentions it so clearly, the Rabbis made sure that it was far away from us during the Passover holiday. The only exception to all of this is if we actually sell the Hametz to a non-Jew for the holiday and he chooses to store the food in our homes. As long as we lock away that Hametz, it can be stored in our homes since it does not belong to us. This is why we arrange with our Rabbi to sell our Hametz for Passover so that it should belong to a non-Jew. This is a binding sale so the Rabbi has to make sure that it is done correctly. The non-Jew makes a deposit on the sale and the balance (assessed by weighing all the assigned Hametz and paying a price based on that weight) is due at the end of Passover. At the end of the Holiday, the non-Jew decides not to make the final payment so the sale is void, the deposit is returned and the ownership reverts back to the original owners. Any Hametz not sold in this manner for Pesach must be destroyed before the holiday begins and if any is missed for any reason, it cannot be used after the holiday and needs to be destroyed. It can no longer be sold for that would mean the owner derived benefit from it.
While the punishments are not in use today, we see by the punishments listed that this is a serious prohibition. We do not take it lightly. Hametz is forbidden on Passover and to eat it would endanger one’s soul!
11-5768: Mitzvot N-3 & 4
January 1, 2008
Negative Mitzvah 4 – It is a negative commandment that Hametz (leavened food) is not eaten on Pesach.
Hafetz Hayim: For Scripture says, “and no leavened bread shall be eaten.” (Ex. 13:3)It is even forbidden to derive any benefit from it. If someone eats an olive’s amount on Passover – if deliberately, he would deserve Karet; if unwittingly, he should have to bring a sin offering. It is all one whether a person eats it or dissolves it and drinks it. If someone eats less than an olive’s amount of it, he should be given whiplashes of disobedience. It is in force everywhere, at every time, for both men and women.
Negative Mitzvah 5 – It is a negative commandment to eat no mixture with Hametz on Pesach.
Hafetz Hayim: For Scripture says, “You shall eat nothing leavened.” (Ex. 12:20) Whether it became mingled with its own kind, or if it becomes mingled with food that is not of its own kind, if there is an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf of bread, this prohibition is violated by eating it but there would be no punishment of Karet. If there is not an olive’s amount of Hametz in a quantity of food that can be eaten in the same time as half a loaf, he who eats it should be beaten with whiplashes of disobedience. It is in force everywhere, in every time, for both men and women.
In last weeks lesson, we talked about Hametz that could not be in one’s possession. Now we are talking about Hametz that is actually eaten. It is not enough to get rid of it so that it cannot be seen. It is also forbidden to eat Hametz or to derive any benefit from Hametz that is to be eaten.
Let me also offer a reminder that Hametz is anything made from wheat, oats, rye, barley and spelt that has been allowed to ferment for more than 18 minutes. Matzah is usually wheat that has been quick baked at a high temperature with less than 18 minutes from the time the water first touches the flour.
The first difference we encounter in these laws is if the person who did the eating did it deliberately or accidentally. If deliberately, then the person is liable for the punishment of Karet. Maimonides defines “Karet” as the complete extinction of the soul.” The implication is that this person’s soul will not live on in any afterlife, but will become extinct from this world and the next. It is NOT a human punishment, but one that can only be administered by G-d. Some may say that this is really no punishment at all since it has no effect on the violator’s current life and comes to play only after death. The reality is that Karet is about a punishment between a sinning human being and G-d. How it plays out is beyond our understanding. The Sages considered it to be a terrible punishment that was far worse than any punishment in the human arsenal.
The next question is why should someone who eats Hametz accidentally have to bring a sin offering? After all, it was an accident! The purpose of a Sin offering is to alleviate the guilt feelings of committing a sin accidentally. It is a reminder that we need to be careful in our observance of the law.
The next question is about the amount of the Hametz eaten. The minimum size of the amount eaten is an olive’s bulk. This is about 25-30 cubic centimeters (there is disagreement as to the equivalencies in Talmudic measurements) or about one ounce. If one eats less than an olive, then it is almost inconsequential. If more, one has violated the prohibition. If one eats less than an olive but deliberately, then he gets punished for disobedience since the only reason that he ate such a little amount was to get around the law. While we are talking about the total amount of Hametz consumed, even if the amount was dissolved in juice or water, it is still Hametz and the above rules apply.
What happens if we mix the Hametz with other types of food so that it no longer looks like Hametz? What happens if we mix it with grains that are prepared in accordance with the Laws of Passover or mixed with other types of food that are also permitted on Passover like apples or meat? The laws of mixtures would say that any substance that is mixed with Hametz is forbidden on Passover subject to some size restrictions. If the olive’s amount is mixed with an amount of food up to the size of half a loaf of bread (this is Passover so we are talking about half a piece of Matzah) then the law has been violated. If the olive bulk is mixed with a larger quantity, then it is too diluted to be a violation of the law. The Talmud specifically notes that Karet would not be the punishment for this kind of mixing. The Hafetz Hayyim also points out that if the amount is less than an olive mixed with less than half a loaf of Matzah, if done deliberately, then the person gets whipped for disobedience. The Sages were not very kind to people who willfully violated the law but tried to avoid punishment by staying below the minimum. And accidental mixing is an accident, but if the mixture were willful, than even the smallest amount of Hametz would be forbidden. On Pesach we are very careful.
Note that these two laws, and the two from last week make it crystal clear that Hametz must be far removed from our possession for Pesach. We can’t eat it, mix it, own it, use it, derive any benefit from it or have it anywhere where we can find it. Because the Bible mentions it so clearly, the Rabbis made sure that it was far away from us during the Passover holiday. The only exception to all of this is if we actually sell the Hametz to a non-Jew for the holiday and he chooses to store the food in our homes. As long as we lock away that Hametz, it can be stored in our homes since it does not belong to us. This is why we arrange with our Rabbi to sell our Hametz for Passover so that it should belong to a non-Jew. This is a binding sale so the Rabbi has to make sure that it is done correctly. The non-Jew makes a deposit on the sale and the balance (assessed by weighing all the assigned Hametz and paying a price based on that weight) is due at the end of Passover. At the end of the Holiday, the non-Jew decides not to make the final payment so the sale is void, the deposit is returned and the ownership reverts back to the original owners. Any Hametz not sold in this manner for Pesach must be destroyed before the holiday begins and if any is missed for any reason, it cannot be used after the holiday and needs to be destroyed. It can no longer be sold for that would mean the owner derived benefit from it.
While the punishments are not in use today, we see by the punishments listed that this is a serious prohibition. We do not take it lightly. Hametz is forbidden on Passover and to eat it would endanger one’s soul!
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.
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
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.
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.
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.
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