‫בס“ד‬

Toronto Torah Beit Midrash Zichron Dov

Parshat Pinchas 21 Tammuz 5770/July 3, 2010 Vol. I Num. 36

The Joy of Tisha b’Av R’ Meir Lipschitz

R‘ Yosef Karo (Orach Chaim 559:4) calamity, there is a mitzvah to say the This can help us understand the
rules that we do not say tachanun on blessing of ―Dayan HaEmet‖ (we bless paradox of Tisha B‘Av; if one must be
Tisha B‘Av because it is considered a HaShem for being The Truthful Judge). joyous for physical good amidst
holiday. We also do not say ,‫למנצח‬and This beracha is said, for example, tragedy, how much more so when we
the Mishna Berurah (559:19) explains upon hearing the news of someone‘s experience a spiritual blessing, even
that this is, ―Because it includes the death. amidst mourning. Even as we cry over
words ‗G-d will answer you on a day the destruction of the holy Temple and
of suffering‘ and this does not apply.‖ The gemara (Berachos 59b) explained are distraught over this long-endured
How are we to make sense of this? that it is possible to make both of exile, there is also reason for joy. With
Tisha B‘Av—the culmination of a three these blessings at the same time: If a all the pain and suffering we have
week period of mourning—is the person‘s relative were to die and experienced—many tragic events in
saddest day in the calendar, and as leave him an inheritance, the recipient our national history can be linked to
such, how can we omit these two would recite both berachot. He would this one time period—we remain and
prayers and consider the day a need to say Dayan HaEmet because of endure, nonetheless. We have a
holiday?! the pain and sadness over the loss of promise from HaShem of continued
his loved one, but he would also need survival, protection, and redemption.
An answer may be found in an to say ―HaTov v‘HaMeitiv‖ in gratitude We have much to celebrate. Tisha
otherwise unrelated set of halachot. to HaShem for the large inheritance. B‘Av is thus both a day of mourning
The Gemara in Berachot teaches that, [While material goods in no way and a day of celebration. As such,
―One is obligated to bless on the bad, compensate for the loss of a loved while we spend our day mourning the
just as one must bless on the good.‖ one, there still is a measure of joy loss of the Beit HaMikdash we also do
When one hears good news, or has a experienced upon inheriting a not say tachanun in deference to the
very positive experience, there is a substantial inheritance and this can be joy we feel despite that sadness.
mitzvah to make the special beracha felt even while mourning a relative.]
The Gemara in Makkot tells a story of
of ―HaTov v‘HaMeitiv‖ (we bless This individual is experiencing sorrow
R‘ Akiva which highlights the need to
HaShem for being good and and joy at the same time and as such
celebrate even amidst sorrow. Upon
bestowing good). For example, this needs to make both berachot;
seeing the Beit HaMikdash in ruin, R‘
beracha can be made on a joyous something which would normally
Akiva began to laugh while his
occasion or when experiencing a truly seem contradictory.
companions cried. When asked why
good wine. On the other hand upon
he was laughing in the face of such
hearing bad news, or experiencing a
destruction R‘ Akiva responded: ―Now
that the prophecy of Uriah (of
Parshah Questions R’ Meir Lipschitz destruction) has been fulfilled, I know
that the prophecy of Zechariah (of
(Sources are provided to help the reader research answers)
redemption) will be fulfilled as well.‖
 Why are the fates of Datan and Aviram included in the lineage of the tribe of Let us look forward to the day when
Reuven? Tisha B‘Av will not be a day of
(Ibn Ezra, Ramban, and Ohr HaChaim to Bamidbar 26:9-11) mourning mixed with joy, but a day of
 Since Pinchas was a descendant of Aharon, why did he need special induction into total joy celebrating the coming of
the Kehunah? Moshiach and the final redemption
(Rashi, Ibn Ezra, Ramban, Ralbag, Chizkuni, Da‘at Zekeinim, and Alshich to .‫במהרה בימינו‬
Bamidbar 25:13)
mlipschitz@torontotorah.com
 Why is the goat offering of Rosh Chodesh called a '‫?שעיר לה‬
(Rashi, Chizkuni, Gur Aryeh, Netziv, Torah Temimah, Meshech Chochma, and To sponsor an issue of
Ma‘ayan Beit HaShoeivah to Bamidbar 28:15 and Moreh Nevuchim 3:46) Toronto Torah,
 For children: Why is the story about the daughters of ‫ צלפחד‬mentioned here? please contact Yehuda Gelberger
(Rashi to Bamidbar 27:1) ygelberger@torontotorah.com.
mlipschitz@torontotorah.com
Yishuv ha’Aretz: The Original Environmentalism
An old joke presents a man
interviewing his prospective son-in-
law regarding his prospects, and
being negatively impressed by the
younger man‘s repeated declaration
that, ―G-d will provide.‖ We laugh as
the older man tells his wife, ―It went
well; he thinks I‘m G-d!‖ But when it
comes to preserving our planet, many
of us take the son-in-law role,
answering concerns about natural
resources, pollution and hunger with
the active declaration or passive
assumption, ―G-d will provide.‖
In truth, that lack of responsibility is
consistent with the message of the
Torah‘s first three-and-a-half books.
In Bereishit, HaShem created the
world and engineered miracles to
send our ancestors down to Egypt. In
Shemot, HaShem intervened to rescue
us from Egypt, sending makkot,
splitting the sea, and so on. In
Vayyikra we learned about the
miraculous tzaraat punishment, and
we heard the Divine blessings and
curses. In the first half of the book of
Bamidbar we saw Divine miracles
produce water and quail, punish the
meraglim and Korach, and defeat
Sichon and Og.
For those initial books of the Torah,
our responsibility was to fulfill our
613 Mitzvot: Mitzvot 42, 344-348 –
Holding a Slave
Mitzvah 42 introduces the concept
of owning a person as a slave. The
Torah presents slavery as a long-
term contract which the slave may
not break, but which entitles him to
a variety of protections. In mitzvot
344-348 we are introduced to some
of these protections, as well as
distinctions between different kinds
of slaves.
Some benefits include limitations
on degrading or painful work, and
not selling a slave ―on the block‖
2 Visit us at www.torontotorah.com
mitzvot, and HaShem would handle the
big picture. In Parshat Pinchas,
though, the charge changes. As we
stand on the verge of entering Canaan,
we are told, :‫לאלה תחלק הארץ‬This
people is going to have a land. Once
we became home-owners in Canaan,
our responsibilities are forever
altered, and we are instructed to
manage the land we have been given.
This new instruction is the mitzvah
known as Yishuv ha‘Aretz, settling the
land, and the responsibilities it places
upon our shoulders begin in biblical
law and continue in rabbinic
legislation and the guidance of our
sages. The mitzvah has roots in
HaShem‘s declaration to Avraham,
―Live in the land!‖ on which the
midrash (Bereishit Rabbah 64)
expands, ―Create life in Israel – Plant
trees, sow seeds, erect buildings.‖ It
continues in Parshat Matot when the
Torah informs us of the way to build
cities in Israel; among other
instructions, we are required to leave
spacious parkland around those cities.
Further along in history, the gemara
notes numerous takkanot and rabbinic
laws, beginning with Yehoshua and
continuing through future generations
of leaders, protecting cities, homes,
water and land in Israel. (For
examples, see Bava Kama 81b.) This is
like chattel. One is also obligated to
make sure to redeem Jews who have
been sold as slaves to non-Jews, if
they are being mistreated.
As the Sefer haChinuch explains, the
Torah‘s rules for slavery ensure that
even as we provide economic
security to a person who is
impoverished enough to sacrifice his
freedom, we also treat him with
mercy and respect.
torczyner@torontotorah.com
R’ Mordechai Torczyner
the Torah‘s environmentalist mandate.
The gemara (Berachot 35b) records a
classic debate between Rabbi
Yishmael and Rabban Shimon bar
Yochai: Rabbi Yishmael ruled that we
are supposed to work in our fields
before using the rest of our time for
Torah. Rabban Shimon bar Yochai
argued that a Jew is obligated to study
Torah full-time, and HaShem will
handle the matter of livelihood.
Nonetheless, even Rabban Shimon
Bar Yochai rules that we are
responsible to take care of that
special land assigned to us; he does
not disagree with the numerous laws
designed to ensure that agricultural
life in Israel would thrive.
Surely, we carry greater
environmental responsibilities. We
are instructed not to wantonly destroy
any part of this world, not to waste
Divine gifts, and not to harm the
property of others. When it comes to
Israel, though, this obligation is all the
more intense. ,‫לאלה תחלק הארץ‬the
biblical pledge that this nation will
have a land, charges us with a
responsibility to protect and develop
the land of Israel.
After HaShem told Moshe about the
distribution of Canaan, the daughters
of Tzelafchad protested that their
father‘s land should not be absorbed
by the rest of the tribe, but should
remain with them. They were correct,
and the gemara (Bava Batra 119a)
says that although HaShem had
already planned to include the law of
a daughter‘s inheritance in the Torah,
it was recorded in their name, as ―the
law of the daughters of Tzelafchad,‖
because they came forth to plead for a
share in Israel. There likely were
other daughters who did not have
brothers, but the daughters of
Tzelafchad stepped forward because
of their love for Israel, and so their
name endures forever. G-d-willing,
we will also display our love for the
land of Israel, supporting and caring
for the land, and our names will be
likewise preserved forever.
torczyner@torontotorah.com
 Ha’Am V’Ha’Aretz
R’ Moshe Sternbuch R’ Netanel Javasky Kibbutz Sa’ad
Kibbutz Sa'ad was founded on June 30th,
Born in London in 1926 and orphaned 1947 as the first kibbutz belonging to the
at a young age, Rav Shternbach spent Bnei Akiva movement, and as part of the
Torah in Translation his formative years learning in Religious Kibbutz Organization. Kibbutz
Shut Teshuvot ViHanhagot 1:193 Sa‘ad is located in the Northern Negev
Yeshivot in both England and Eretz
Birkat haGomeil after a Flight Yisrael. For many years, he was a Rav
region, about 20 minutes southwest of
Ashkelon.
in Johannesburg, South Africa, where
he delivered acclaimed Torah lectures During the 1948 War of Independence, the
Question: Should one bless HaGomeil after area where the Sa'ad pioneers had set up
on business ethics. His renown grew
flying on a plane? their new kibbutz outpost was almost
while there, and he returned to entirely destroyed by enemy attack.
Jerusalem to join the Beit Din of the Following the war, the kibbutz founders
Our Rabbis determined that four events
Eidah haChareidit, which he currently began cultivating the land, and over the
require praise to G-d, including ―those who
go down to the sea.‖ This implies that even heads as the Av Beit Din. following fifty years, the well-established,
in the summer months, when there are no beautiful community of Kibbutz Sa'ad made
A proud descendant of the Gra [the its place on Israel's map. Kibbutz Sa'ad's
dangerous storms or tempests in the water, Vilna Gaon, R‘ Eliyahu of Vilna], he multigenerational population generates its
one is still required to make the brachah compiled what is considered the income from agriculture and industry.
when he crosses the sea. Accordingly, authoritative book on his ancestor‘s Sa'ad members enjoy a rich religious,
when one flies in a plane across a sea, minhagim and rulings, ―Hilchot haGra social, and cultural life.
where, G-d forbid, if anything would go
uMinhagav.‖ Additionally, he has As of ten years ago, the Kibbutz Sa'ad
wrong the danger would be very great,
written many other works; he is most community was made up of 140 families,
even though nowadays air travel is not so
renowned for Moadim uZmanim, a set with a population of about 700. Members
dangerous - and in terms of percentage, and residents are employed according to
many more people are hurt in cars than in
of books discussing the Jewish
holidays. His book of responsa, their occupation and career choice, either
planes - nonetheless we must praise within the kibbutz structure or outside it.
Hashem when crossing the sea. G-d created Tshuvot uMinhagim, is also widely
quoted. Sa'ad's members live according to specific
a path through the sea for airplanes, and for
ideals and values, with an emphasis on
this it is worthwhile to thank G-d. Without Though an anti-Zionist, R‘ Sternbuch contribution to Israel society as a whole.
His great strength we would not be able to believes that there is a mitzvah in The kibbutz offers several unique
cross the sea unharmed, and this is one of moving to the Land of Israel. He is educational frameworks such as Youth
the great deeds of G-d for which we must Education, a school and dormitory
known to quote his father that it is
praise and thank Him upon our arrival, framework for teenagers from broken
better to live in the Diaspora and
despite the lack of danger. homes; Foster Family, for grade school
dream of the Land than to live in the
children, and Conversion Ulpan, for
We follow the Poskim who say that one who Land and dream of the Diaspora. families and young people.
crosses the sea by boat, even if his trip was Kibbutz Sa'ad has a regional religious
totally uneventful and without danger, must njavasky@torontotorah.com elementary school for grades 1 through 9
make this Brachah. The same would be for under the auspices of Israel's Ministry of
one who flew in a plane, without visible Education. Kibbutz Sa'ad, Kibbutz Alumim,
danger. The mere fact that we are able to Nonetheless, our practice is to recite and Moshav Tequma cooperate in running
cross the seas is a kindness of Hashem that this brachah… the Da'at School for their children. Pupils
he bestows upon us, albeit undeservedly, from area towns are also eligible for
and this warrants a blessing. However, even though our minhag is to acceptance.
make this blessing after flying, this is Sa'ad's crops include carrots, potatoes,
The prevalent custom nowadays is to make only if one flies over the sea, like the avocados, almonds and citrus fruit. Sa'ad
the brachah, especially given the fact that, original policy of our Rabbis. has a large dairy farm and a poultry farm,
at times, there are bandits and terrorists Therefore, one who flies from too.
who take over airplanes, posing a real Johannesburg to Cape Town, a flight Sa'ad's industries include Syfan, a plant that
threat. I have heard trustworthy testimony that does not go over water, does not manufactures plastic shrink film for
that this was the opinion of the Chazon Ish make this brachah. (I have heard that packaging, and Popli, which supplies
zatzal. I have also heard that the Tschubiner Rav Moshe Feinstein zatzal ruled that popcorn products and pet food. A fashion
Rav zatzal and Belzer Rebbe zatzal have one should recite the blessing after outlet called Kav LaKav sells clothes for
ruled that one should not make this flying in a plane, even if it does not go men, women, and children, Ahinoam
blessing, reasoning that the blessing is only over water...) Jewelry produces handmade jewelry in
for someone who at some point felt that his sterling silver, and a graphic design studio
life was endangered. This is the meaning of This ruling of Rav Moshe that the author is called Kesem produces beautiful work.
the verse, ―And they cried to G-d from their referring to can be found in Igrot Moshe One of Sa'ad's newest establishments open
pain, from their sorrow He shall save them.‖ (Orach Chaim 2:59). Also see Rav to the public is Beit Shikma, a beautiful
Nowadays, since we feel no threat when Shternbach’s later Teshuva (3:81) where convalescent and geriatric home where
flying and it has become like driving a car, he favours the approach of saying the patients receive round-the-clock care.
there is no obligation to say this brachah. blessing without Hashem’s name. Adapted from an article originally published
by Torah miTzion.

Visit us at www.torontotorah.com 3
Shiur in Review: Kibud Av v’Em Part II R' Azarya Berzon

In the case of a parent who tells his child to
violate a mitzvah, the Rambam (Hilchos
Mamrim 6:12) employs a strong and
resolute language: ―he must not listen to
his parent‖. In the case of competing
Kibbud obligations (ibid. Halachos 13-14,
the Rambam uses a softer language: ―he
should put aside (yaniach) the honor of his
Mother. The term yaniach suggests that the
issue is purely one of priority, i.e. which
Kibbud comes first (K’dima). The Rambam
indicates a fundamental difference
between the two rules. Whereas in the first
case there is no Kibbud whatsoever, in the
second case the law only establishes a
sequence but both Kibbud obligations are
legally binding. In the first case, if the
child should choose to obey his parent‘s
command and violate the mitzvah, not only
is he accountable for the violation, he will
receive no reward for the act of Kibbud
since the command cannot generate the
mitzvah of Kibbud at all! In the second
case, however, if one honored his Mother
first, although he would have breached the
rule of K’dima, nonetheless he would be
rewarded for the fulfillment of the mitzvah
of Kibbud. Whereas the first Halacha is
based on the derivation of Es Shabsosai
Tishmoru for without a source in the Torah
we could not nullify the mitzvah of Kibbud,
the second Halacha is derived from Svara,
i.e. the logical result of the fact that both
you and your Mother share a common
obligation of Kibbud vis-à-vis your Father.
Thus the question of Tos‘ [Yevamos 6a]
doesn‘t begin! The Yalfusa is absolutely
necessary to cancel Kibbud, whereas the
law of K’dima needs no source and is
derived from svara.
To explain this further, let us raise the most
far reaching issue in the mitzvah of Kibbud.
Is the mitzvah limited to service, i.e. the six
forms of physical comfort listed in the
braisa in Kiddushin (31b): ?‫ת"ר איזהו כיבוד‬
;‫ מכניס ומוציא‬,‫ מלביש ומכסה‬,‫מאכיל ומשקה‬or does it
include the fulfillment of the parent‘s will
in areas beyond physical comfort? If the
latter definition is correct, then the
mitzvah of Kibbud is generated by the
command of the parent and extends far
beyond the limits of serving one‘s
parent.
As we have seen, the Rambam indicates
that a child must not listen to a parent
who tells him to violate a mitzvah, and
this is derived from the Yalfusa. It would
seem unlikely that the Rambam is
addressing a situation of physical
comfort, but rather one of fulfillment of
the parent‘s command. We therefore
conclude that the mitzvah of Kibbud
extends beyond the scope of serving
one‘s parent, and can also be generated
by the command of the parent. Es
Shabsosai Tishmoru teaches that only a
command that can be reconciled with
the Torah‘s law can generate the mitzvah
of Kibbud; one which contravenes the
Will of the Torah is null and void.
What emerges is a fundamental
difference between two types of Kibbud.
The first includes the six categories of
physical comfort; the second, the
fulfillment of one‘s parent‘s every
command. The first is engendered with
or without the command of the parent
since the pleasure derived by the parent
is a physical reality and the act of Kibbud
is meaningful per se. The second type of
Kibbud which broadens the scope of the
mitzvah beyond physical comfort is
generated by and limited to the
command of one‘s parent and its
fulfillment.
The practical difference between these
two categories of Kibbud is where
Kibbud clashes with the law of the Torah.
Can we apply the general rule that a
positive mitzvah overrides a negative
command, or are we to apply the rule of
Es Shabsosai Tishmoru? If the Kibbud is
generated by the command of the parent
to violate the Torah, then the rule of Es
Shabsosai Tishmoru applies and the
parent‘s command does not register at
all. If, on the other hand, the obligation
of Kibbud is generated by the real
physical need of the parent (despite the
fact that the parent vocalized this need to
make the child aware of the physical
need), that need gives birth to the
mitzvah of Kibbud automatically and rule
of Es Shabsosai Tishmoru does not apply.
Instead the appropriate rule is the
general one that a positive mitzvah
overrides a negative one.
We can now understand the Rambam‘s
words in Hilchos G’zaila (end of Chapter
XI) as interpreted by the Magid Mishna:
: ‫רמב " ם הלכות גזלה ואבדה פרק יא הלכה יט‬
‫ראה את האבדה ואמר לו אביו אל תחזירנה יחזיר ולא‬
‫ שאם קבל מאביו נמצא בעת שקיים מצות‬, ‫יקבל ממנו‬
‫עשה של כבד את אביך ביטל עשה של השב תשיבם ועבר‬
.‫על לא תוכל להתעלם‬
‫ ראה את האבדה ואמר לו אביו אל‬: ‫מגיד משנה‬
‫ פירוש אלא עסוק בדבורי להביא לי גוזלות‬.‫תחזירנה‬
The Rambam clearly implies that if not
for the fact that Hashavas Aveida is a
―high-powered mitzvah‖ – entailing both
a Lo Ta’aseh and an Asseh - then the
mitzvah of Kibbud would override the Lo
Ta’aseh, under the general rule of Asseh
Doche Lo Ta’aseh. As the Magid Mishna
points out the Rambam is dealing with a
case of physical need as the father needs
to eat. In such a case, the rule of ―Ve’et
Shabsosai Tishmoru‖ does not apply
since it is not the fulfillment of the
father‘s command that produces the
mitzvah of Kibbud, but rather the father‘s
physical pleasure. Instead the rule is that
a positive mitzvah overrides a negative
one.
aberzon@torontotorah.com

Schedule for the Week of July 3, 21 Tammuz

Shabbat, July 3 Tuesday, July 6
After Family Minyan: R‘ Mordechai Torczyner: Mini Shiur 11:00AM R‘ Azarya Berzon: Pesachim, Clanton Park Men
7:10PM R‘ Mordechai Torczyner: Shiur b‘Ivrit: Praying for the 7:30PM R‘ Azarya Berzon: ―The Correct Approach to Rationalizing Chukim‖
Queen?, BAYT BAYT, West Wing Classroom #1
8:05PM R‘ Azrya Berzon, Pirkei Avot, BAYT 8:00PM R‘ Mordechai Torczyner: Minchat Chinuch : Korban Pesach for
Sunday, July 4 Canadians
8:30AM Russell Levy: Practical Halachah at the Cottage, Bnei Wednesday, July 7
Isaac, Baysville 7:30PM R‘ Meir Lipschitz: Derech Hashem, Kehillat Shaarei Torah
9:15AM Itamar Zolberg: Shiur b‘Ivrit, Zichron Yisrael 9:00PM R‘ Azarya Berzon: Shiur in Review, Clanton Park
7:30PM R‘ Azarya Berzon: Masechet Kiddushin, Shaarei Thursday, July 8
Shomayim 11:00AM R‘ Azarya Berzon: Masechet Pesachim (Advanced), Clanton Park
Monday, July 5 3:40PM R‘ Azarya Berzon: Hilchot Muktzah (Advanced), Clanton Park Men
7:30PM R‘ Azarya Berzon: Hilchot Talmud Torah, Clanton Park 7:30PM R‘ Meir Lipschitz, Patriotism, Shaarei Shomayim
9:00PM R‘ Azarya Berzon: Ramban al haTorah, 117 Clanton 8:45PM R‘ Azarya Berzon: Halachah and Life Issues, Clanton Park Men Maariv
Park will follow the shiur

4 We would like to thank koshertube.com for filming our shiurim! Visit us at www.torontotorah.com