Parshat כי תשא  Exodus 30:13 – Are Women Obligated To Pray the Musaf Prayer?

Exodus 30:13 – This they shall give, everyone who goes through the counting: half a shekel according to the holy shekel. Twenty gerahs equal one shekel; half of [such] a shekel shall be an offering to the Lord.

Jerusalem Gemora Shekalim Chapter 6:Halacha 3 – Rabbi Yochanan Ben Zakai said “Any Cohen who doesn’t also contribute the shekel is guilty of a sin as the verse says, ‘this shall they give’. All twelve tribes must give”

 Torah Temimah Colloquial Translation on the last section of Note #22:

Note that according to the Rambam and the Ramban, the obligation to contribute half a shekel begins when one reaches the age of thirteen plus one day as with all the other mitzvoth of the Torah.  Their opinion is that even though the following verse states “from age twenty and above” that is specifically speaking of the [time in the desert] and the obligation to contribute to the “Trumat HaAdanim”. Our verse, however, speaks of the contribution for the communal sacrifices and no age is specified. Therefore our verse applies from the age of thirteen. However, Rabbi Ovadia Bartenura in Chapter 1:43 of Shekalim and the Chinuch and the Rokeach HaGadol in Section 232 and the Vilna Gaon in his commentary on the Yerushalmi Shekalim Chapter 1:3; all have the opinion that the obligation to contribute to the communal sacrifices begins at the age of twenty as the simple meaning of the text would imply. The Vilna Gaon even states that this is the opinion of the Yerushalmi against the opinion of the Tosafot Yom Tov who questioned the above mentioned opinion of Rabbi Ovadia Bartenura.

A halachic ramification of this dispute that has a practical application in our day is mentioned by the Besamim Rosh in his halachic response relating to the Rosh’s comment in Section 69 that women are exempt from the obligation to pray the musaf prayer. The reasoning is that since this prayer is specifically connected to the musaf animal sacrifice that was offered [on Shabbat and Holidays in the Temple] and the funds for this sacrifice came from the half a shekel communal contribution, therefore women, who are exempt from the half a shekel communal contribution, are automatically exempt from the musaf prayer that corresponds to it. This opinion is also mentioned by Rabbi Akiva Eiger in his commentary on Shulchan Aruch, Orach Hayim Section 106.

If this is the case, then according to Rabbi Ovadia Bartenura and the Chinuch and the Vilna Gaon anyone under twenty years old is exempt from the half a shekel. According to this logic mentioned above then they are also not included in the musaf sacrifice and are also exempt from the musaf prayer. Further, anyone who is exempt from a mitzvah cannot complete it on behalf of someone else. Therefore, we should not choose anyone less than twenty years old to lead the musaf prayer in synagogue. That would [indeed] be a new teaching and very astounding!

   

Editor’s Note: In this note, the Torah Temimah goes on a tangent to discuss and critique a halachic opinion exempting women from the obligation to pray the musaf prayer. I believe that in the Torah Temimah’s world view, and the world view of religious people in general, the more obligations one has, the better. The Torah Temimah defends women and their status in many of his comments. This is one example.

Parshat כי תשא  Exodus 30:19 – Washing Feet Before Prayer

Exodus 30:19 – Aaron and his sons shall wash their hands and feet from it

Responsa of the Rashba (Section 191): This verse is the source of the law mentioned in the Gemora (Brachot 15a) that one must wash before prayer

Torah Temimah Colloquial Translation on Note #32:

[Our verse above is speaking of Aaron and his sons washing their hands and feet before offering the sacrifices but it is the source of the law for washing before prayer] Because prayer [in our day] has its source [and function] equal to sacrifices [at the time of the temple] as is discussed in the Gemora Brachot 26b. However, [the use of this verse as the source for this law] is only a hook [and not a definitive proof]. We know that it is only a hook because the law of prayer is that if one does not have water available one may use pebbles or dirt or wood chip to clean one’s hands. However for the sacrifices in the temple, it was absolutely required to use water, else one may not perform the sacrifice as is stated in Gemora Zevachim 19b.

Note that the Rambam in Chapter 4 of the Laws of Prayer states that for all prayers one must wash one’s hands, but the for the morning prayers one must wash his hands and his feet. The Ravad (Abraham ben David) criticizes this statement of the Rambam and states that he does not know the source from which the Rambam stated this. Many commentaries struggle to answer this criticism of the Rambam but me (the Torah Temimah) the answer is clear. The Rambam is of the same opinion as the Rashba noted above that the source for the obligation to wash for prayer is from the obligation to wash before the sacrificial offerings in the temple. Since this is the case, we see clearly that the obligation for prayer is to wash one’s hands and one’s feet as in the verse above.

This being the case, it is clear why the Rambam distinguishes between the morning prayer and the other prayers of the day. As the Rambam states in the beginning of the Laws for Prayer, the Biblical obligation of prayer is only once a day. The other prayers of the day are rabbinic decrees. Therefore, for the other prayers of the day, we only need to be careful that we are clean. However, for the initial prayer for the day we need to fulfil the requirement of performing it as did the priests in the temple [and wash both our hands and our feet.]

Note also that that in Gemora Brachot 53a we learn in a Mishna that the verse in Leviticus 11:44 that states: “you shall make yourselves holy and be holy” [is not repetitive]. The first mention of the word “holy” refers to the washing before eating [bread] and the second mention of the word “holy” refers to the law of washing after eating [bread, and before reciting the blessing after the meal].

This reason for this statement of the Gemora is apparently not clear nor is its source clear. [I believe] that the source is almost certainly that of the second braita mentioned in Tanna d’Vei Eliyahu on our verse above.

There the beraita states, “What is the biblical source of the obligation for washing the hands? It is from the obligation of Moshe and Aaron and his sons [to wash before performing the sacrifices] For the People of Israel [in general] the source is the verse in Leviticus “make yourselves holy and be holy”. It was because of this that Rabban Gamliel would eat [all] his food in a state of purity [indicating that he had washed before eating].” [End quote of the beraita.]

In other words, just like Moshe and Aaron made themselves holy by washing before performing the sacrifices through washing, so too when it says “holy” and refers to the People of Israel it also refers to washing.

See also Tosafot in Gemora Hulin 2b where Tosafot state that it is forbidden for an unclean person to eat unclean food. There he quotes the verse “make yourselves holy and be holy” as the source for this law. This indicates that Tosafot understood this verse as a caution to the People of Israel to eat [all food] in a state of purity. The GRiV comments that he does not know the source of Tosafot’s statement and that if one looks at the Gemora Brachot 53b, one will see that the verse “make yourselves holy and be holy” is used for a different teaching.

In my opinion though, it is clear that the Tosafot were using the beraita quoted in Tanna d’Vei Eliyahu [as their source.]

 

Editor’s Note: In this note, the Torah Temimah shows the source of the Rambam’s opinion that there is an obligation to wash one’s hands and one’s feet before the Morning Prayer. This answers the challenge of the Ravad on the Rambam. He then shows the source to wash before and after eating bread. In doing he answers the challenge to Tosafot’s comment on Gemora Hulin 2b.

 

Parshat יתרו Exodus 18:7 – Honoring Your Father-in-Law and Being a Man

Exodus 18:7 – Moshe went out to greet his father-in-law, and he bowed down to him and he kissed him, and the man asked after his friend’s welfare; and they came to the tent.

Mechilta: I do not know from the verse who bowed down to whom or who kissed whom. However, when the verse says “the man asked after his friend’s welfare” [we have a hint.] Who is called “man”? Moshe is, as in the verse that says “and the man Moshe [was very humble”.] So, from this we see that it was Moshe who bowed down and kissed his father-in-law. From here they [learn]/say that a person is obligated to honor his father-in-law.

Torah Temimah Colloquial Translation on Note #8:

It is not readily apparent why it is so good to be called “man” or what new thing is learned from this. After all, isn’t the word “man” a descriptive term used for all people? Also, behold the verse in Exodus 2:21 states “and Moshe began to dwell with the man”. In that verse the word “man” refers to Yitro. [So, how can we know that in our verse the term “man” applies to Moshe? Maybe it applies to Yitro as in Exodus 2:21!]

It appears that the intended meaning of the Mechilta is to say that when describing Moshe, the Torah [at times] uses the phrase “the man” in place of stating Moshe’s name. The intent at those times is to indicate someone on a higher level; one would not then need to also say the name of the person. It is only concerning Moshe that we find the combination of the description “the man” combined with his explicit name. The purpose of the Torah’s describing Moshe this way is to indicate a higher, more valued level of humanity of Moshe. This is similar to a phrase used in Gemora Yoma 18a, “Ishi – the high priest”.

Additionally, the fact that we learn from this verse that a person is obligated to honor is father-in-law requires greater investigation. It is not clear why the Halacha to honor your father-in-law is not derived from this verse. Rather the Halacha is derived from the Midrash Socher Tov from the verse in Shmuel I: Chapter 24. In that verse King David refers to his father-in-law Shaul as “my father”. See the comment of the Tur on Yoreh Deah (Section 240). Note the Rambam in chapter 6 of Mamrim doesn’t mention this obligation at all. This is amazing considering the phraseology of the Mechilta above implies that this is a well-known and clear Halacha.

 The Bach, commenting on the above Tur writes that the reason why many legal experts omit this law is because they have the opinion that King David was actually speaking to Avner not to Shaul, his father-in-law in the above cited verse. If so, then that would remove the whole source for this law. How can this be so given the above Mechilta whose source is explicitly clear in the Torah and which is taught as a general teaching without anyone disagreeing at all??!! This definitely requires further research.

Also note the opinion of the Bach in his comment on the Tur that even if a person were obligated to honor his father-in-law, the degree of obligation would not be greater than every person’s obligation to honor one’s elders and would not come close to the level of obligation that one has to honor one’s parents. The Bach’s proof for this view is from the wording of the verse in Shmuel I  which he believes implies a slightly less degree of honor than that due one’s father.

However, regarding the actual Halacha, this is not accurate. Behold, here in our verse it says explicitly that Moshe bowed down and kissed his father-in-law and that we should learn from here the obligation to honor one’s father-in-law. Certainly, it is not accurate to say that this is the same amount of honor as is due, in general, to one’s elders.  

Editor’s Note: The Torah Temimah says two points in this note that are worth emphasizing. First of all, the phrase “man” is a general term that applies to all humanity and in the Torah is used explicitly for Moshe and his non-Jewish father-in-law. Secondly, the Torah Temimah criticizes those legal experts who skip this opportunity to learn the law that one is obligated to honor one’s father-in-law.

 

Parshat כי תצא Deuteronomy 25:10 – Halitzah in our days

Halitzah in our days Deuteronomy 25:10 “And his name shall be called in Israel the house of him that had his shoe loosed. ”

Jerusalem Talmud Yevamoth chapter 12 halacha 6: “And his name shall be called …   The one who says that halitzah is praiseworthy learns from similar language.  It says here[1] “and his name shall be called …”.  It says there “and let my name be named in them[2]“.  Just as the calling in verse in Genesis refers to something praiseworthy, so too the calling in reference to halitzah is praiseworthy.

Torah Temimah Colloquial Translation on Note #167

It seems that the general intention of this explanation is because, at face value, the process of halitzah and calling the brother-in-law “the house of him that had his shoe loosed” appears to be derogatory in order to embarass him for not performing the leverite marriage thus not creating a name for the deceased brother as it is written: “So shall it be done unto the man that doth not build up his brother’s house.[3]  This makes sense when the man has a choice to perform halitzah or leverite marriage.  By choising halitzah, he must endure this emberrassment.  As we (Ashkenazim[4]) hold today, even if a man wants to perform leverite marriage, we only allow him to perform halitzah because of various reasons.  [Peraps he does not have the right intentions.  There is also the injunction of Rabbeinu Gershom prohibiting one from having more than one wife.  According to some Poskim, this applies even in the case of mitzvah, such as leverite marriage].  As such, it is difficult to comprehend why we publicize his degradation when, from his perspective, he prefers to perform leverite marriage.  Based on this some opions hold that, in our days, the mitzvah of halitzah is preferred over the mitzvah of leverite marriage.  This opion interprets “And his name shall be called in Israel” not as derogatory, rather praiseworthy as in the verse “And My name shall be called in them (gen 48:16) because this man obeys the law, performing halitzah when he would prefer to perform leverite marriage.  This homily supports this by comparing the similar language of “and shall be called” to “and let my name be named in them”, which is praiseworthy.  Take note.

This still does not explain why he must bear the degradation of the procedure of halitzah: the loosening of the shoe and the spitting, etc., for he does not have the fault of not performing the leverite marraige as explained.  This could be a proof to the what of many of the Rishonim write that the essence of halitzah, aside from permitting the widow to marry anyone else, is a spiritual fixing of the soul of the deceased.  Refer to Nachmanides, Rabeinu Bechaye and the literature of the Acharonim.  Thus the crux of the question is from the publicizing aspect of halitzah rather than the procedure itself.

Editors Note

This homily shows the sensitivity of the halacha to the brother-in-law.  At face value, the verse implies that the preferred mitzvah is leverite marriage is preferred.  Halitzah is performed when the brother of the deceased does not perform leverite marriage, partly to publicize his refusal to do so and partly to allow the wife of the deceased to marry anyone else.  Yet there are instances, such as a kohen gadol, where the brother-in-law is not allowed to perform leverite marriage even if he so desires.  The Tractate Yevamoth discusses other instances where one may not perform leverite marriage because of a rabbinic injunction.  It also discusses whether leverite marriage or halitzah is preferred.  One opinion is that leverite marriage is preferred.  Abba Shaul says that halitzah is preferred because most people do not have the proper intention to perform leverite marriage.  Thus, no matter how the halacha rules.  One is praiseworthy for upholding the halacha.

[1] Deuteronomy 25:10

[2] Genesis 48:16

[3] Deuteronomy 25:9

[4] The Shulhan Aruch allows leverite marriage.  The Ramah forbids it.  Ashkenazi practice follows the Ramah.  Rabbi Ovadiah Yosef, Z’TL, defends the practice of leverite marriage for Sephardim.

Parshat כי תצא Devarim 23:21 – Lending to Non Jews with Interest

Deuteronomy 23:21 “Unto a foreigner thou mayest lend upon interest; but unto thy brother thou shalt not lend upon interest; that the LORD thy God may bless thee in all that thou puttest thy hand unto, in the land whither thou goest in to possess it. {S}”

Sifrei: Unto a foreigner thou mayest lend upon interest is a positive commandment. But unto thy brother thou shalt not lend upon interest is a prohibition

Torah Temimah Colloquial Translation on Note #108.

According to Maimonides in chapter 5, halacha 1 of the laws of lending, this is an explicit positive commandment as he explains the language of the verse in Parashat Reeh: “Of a foreigner thou mayest exact it; but whatsoever of thine is with thy brother thy hand shall release.[1]“.  According to the Raavad and other Rishonim, this commandment comes to add another positive commandment for a Jew who lends with interest aside from the prohibition of lending without  interest..  The verse uses similar language with respect to kosher birds “any pure bird you shall eat”, whose main idea is to underscore the prohibition of eating unclean birds.  There are similar example expressed in this language.

One can bring support to Maimonides position from the sections of the gemara (Bava Metziah 71a) which expound on the verse: “If thou lend money to any of My people, even to the poor with thee, thou shalt not be to him as a creditor; neither shall ye lay upon him interest.[2]”  When one has a choice between lending to a Jew or lending to non Jew, lending to a Jew takes precedence.  The gemara asks: is it not intuitive that lending to Jew takes precedence?  It answers even when you could profit by lending to a non Jew with interest or interest free to a Jew, lending to a Jew takes precedence.  This is truly astonishing.  Is it possible that when one wants to make a profit with one’s money we tell him not to make a profit rather to give the money benevolently?  That is when he wants to loan to a non Jew with interest, we tell him that it is better to give it benevolently.  We find no such mitzvah.  Thus the position of Maimonides makes sense.  When one wants to fulfill the commandment of lending with interest to a non Jew and lending without interest to a Jew at the same time, the verse teaches that lending to a Jew takes precedence over lending with interest to a non Jew.  Take note.

According to Maimonides, do not be astonished why the Torah commands one to lend with interest to non Jews, as many of the oppressors of Israel and its Talmud have murmured   For when the Children of Israel went forth from Egypt to receive the Torah, they were a lone nation.  The agreed amongst each other to act benevolently one to another with money and commodities.  This is the intent of the commandment not loan another Jew with interest: you don’t charge your fellow Jew interest and he won’t reciprocate.  Regarding the other nations, however, who lend to Jews with interest, it is appropriate that the Jews also lend to them with interest. This is like a group of partners who agree not to charge each other interest, but to others they will charge interest.  This occurs every day in every nation where different groups form for different financial matters, providing rules and perks for its members,, but not for outsiders.  In any case, it becomes clear that lending to non Jews with interest is a commandment based on the principles of maintaining social order and human society.  As such, all that the murmurs claim is foolishness and striving for naught.[3]  The Torah, truth and peace is its seal.

Editor’s note: The Torah Temimah was a banker by day.  Wearing his financial hat, he eloquently defends lending to non Jews with interest.  Although the Torah permits one, or according to Maimonides commands one, to lend to non Jews with interest, a Jew must abide by the local laws and lending practices. because a Jew must also abide by the law of the land[4].

 

[1] Deuteronomy 15:3

[2] Exodus 22:24

[3] Ecclesiastes 2:17

[4] Dina d’malchuta dina – the law of the land is law.

Parshat ואתחנן Devarim 4-42 – Learning Torah for its own sake

Deuteronomy 4:42 ” that the manslayer might flee thither, that slayeth his neighbour unawares, and hated him not in time past; and that fleeing unto one of these cities he might live:”

Sotah 49a: Unawares[1].  Rabbi Ilai the son of Berachya says: “Two scholars, who do not respect each other in halacha, one will die and one will be exiled (to a city of refuge) as the verse says ‘might flee thither, that slayeth his neighbour unawares’.  Knowledge is a reference to Torah as the verse states: ‘My people are destroyed for lack of knowledge[2]'”

Torah Temimah Colloquial Translation on Note #70

The end of the verse in Hosea is “seeing thou hast forgotten the law of thy God”.  This homily explains the juxtaposition of this verse[3] to “And this is the law which Moses set before the children of Israel[4].”  Perhaps they are exacting because the verse does not use the same language as the verse: “that killeth any person through error may flee thither[5]”  Rashi on the gemara explains that one dies at the hand of his friend who accidentally kills him.  The other is exiled to a city of refuge. If there is no actual death, the is a hint of death and exile for one is fitting to die and the other is fitting to be exiled.  This homily still requires a broader explanation.

Were it not for his words, one could explain this as is stated in the tractate Makkoth 10a, which states that Torah learning protects from death and exile, see there.  Behold this clearly refers to learning Torah for its own sake. For, in this manner, the two scholars respect each other since neither has another motive than discovering the truth. As the verse says “And Vhab and Sufah[6]“.  This is not the case when learning Torah not for its own sake.  In this case, they vex one another.  Learning such as this, in any case, will not protect from death and exile.  The intent of this homily is to show that learning Torah, not for its own sake, does not protect from death and exile.  To emphasize the point, the homily states that one dies and the other is exiled.  Take note.

Editor’s note: This note shows the importance of learning Torah for its own sake.  Scholars who do not learn Torah for its own sake are destined to attack one another, sometimes with drastic consequences.  Additionally note the Torah Temimiah’s humility, deferring to Rashi’s opinion before proposing his own.

 

[1] without knowledge

[2] Hosea 4:6

[3] Deuteronomy 4:42

[4] Deuteronomy 4:44

[5] Numbers 35:11

[6] Numbers 21:14

Parshat דברים Devarim 1:1 – Aids for learning Torah

Deuteronomy 1:1 “These are the words which Moses spoke unto all Israel beyond the Jordan; in the wilderness, in the Arabah, over against Suph, between Paran and Tophel, and Laban, and Hazeroth, and Di-zahav. ”

Berachot 32a: “… And Di Zahav.  What does Di Zahav mean?  They say in the study house of Rabbi Yanai: This is what Moses said before the Holy One Blessed is He: Master of the world, the silver and gold with which You showered the Israelites until they said enough[1] caused them to create the golden calf”

Torah Temimah Colloquial Translation on Note #1:

There is no doubt that this homily and others like were said by way of a hint and support or to help memorize these sayings, for, by the strict letter of the law, it is forbidden to write down that which is oral.  These must be repeated orally. [In these times, however, it is permitted to write them down because of deficiency of knowledge[2]].  They sought methods make it easier for those learning and for their capacity to memorize.  They made mnemonics for everything as the Talmud says (Eruvin 54b): Make markers for the Torah and (Eruvin 21b): And besides that Koheleth was wise, he also taught the people knowledge; yea, he pondered, and sought out, and set in order many proverbs[3] – he taught them by way of signs.  Rashi explains: He established a tradition and sings, be it for the written word or the versions of the Mishnah.  Also see Shabbat 104b regarding making signs for the Torah and the Jerusalem Talmud (Shabbat chapter 19 Halachah 1): any Torah without a household is not Torah.  This means that any Torah that does not have an example from somewhere else is not Torah, i.e., it will not endure for it will ultimately be forgotten because it has nothing to hold on to for support.  We have discussed this, elsewhere, at length [the end of Parashat Tisa[4] and Parashat Hukath 21:18[5]].  This is the subject of this homily.  Chazal had a tradition that Moses defended the Israelites claiming that the great amount of silver and gold, which He showered upon them, caused them to make the golden calf.   The verse repeats this idea saying: “And Jeshurun waxed fat and rebelled.  They supported this idea based on the hint and mnemonic Di Zahav as explained and as will be explained further.

I investigated and discovered, however, that it is not the way of Chazal to associate homilies, such as this, to the wording of a verse unless they have a specific nuance or remark in the language of the verse, such that, it cannot be explained in the plain sense as we have noted many times in this work and as any wise person, who looks closely at all the places where similar homilies appear, scrutinizing the deep character of the language, the order and the like will discover.

Here, in this homily, it appears that the intent of the question, what is the meaning of Di Zahav, that they were not content to explain it in the plain sense as the name of a place, is based on what is expressed in the Sifrei and other Midrashim.  Every place mentioned here, about which, Moses spoke to the people, is not a reference to the name of the place, rather concerning what occurred to the Israelites there, chastising them for the events.  Only out of reverence for the Israelites did Moses refer to all these events as places as Rashi explains.  The plains refer to the sin of Baal Peor which occurred in the plains of Moab.  Over against Suf refers to the rebellion by the reed sea.  Tophel and Laban refer to Israelites degrading the manna.

Because of this, the Midrash states “what is Di Zahav”, that is, corresponding to which event, did Moses call the place Di Zahav.  Chazal interpreted it as an allusion to the place where the Israelites made the golden calf — where they gave their gold and made it as described in Parashat Tisah.  According to this reason, however, it would suffice to refer to the place only as Zahav.  The reason for referring to it as Di Zahav was expounded in the study house of Rabbi Yanai.  Because of the severity of the act of making the golden calf, Moses defended the people that the abundance of silver and gold that He showered upon the people, until they said enough, caused them to perform this act.  As the Gemara explains: a lion does not roar for of a box of straw — only for a box of meat.  There are other similar proverbs in the Gemara all based on the verse in Parashat Eikev[6]:” then thy heart be lifted up, and thou forget the LORD thy God, who brought thee forth out of the land of Egypt, out of the house of bondage;” and Parashat Haazinu[7]:But Jeshurun waxed fat, and kicked–thou didst wax fat, thou didst grow thick, thou didst become gross–and he forsook God who made him, and contemned the Rock of his salvation.” explaining this idea.

Editor’s note: The Torah Temimah shows how important it is to create ways to preserve the Torah so it will be remembered.  Even today, when one is permitted to write down the oral tradition, when everything is available in book and on-line, it is good to employ this technique to remember words of Torah.  The Torah Temimah explains that Rabbi Yanai specifically associated this homily with Di Zahav, the sin of the golden calf, instead of the other events to which Moses alludes, because it was the most severe.  The Midrash explains that while Moses was chastising the people for the events that occurred, he was also defending the people at the same time.  The lesson is that one should never be too quick to judge even when chastising a person, the chastiser should judge the other person favorably.

 

[1] The name of the place Di Zahab can also be read in Hebrew as Dai (enough) Zahav (gold)

[2] קוצר דעות – literally shortness of knowledge perhaps attributed to the descent of the generations as time progresses from the giving of the Torah at Mt. Sinai

[3] Ecclesiastes 12:9

[4] Exodus 34:27 Note 40:

[5] Note 18

[6] Deuteronomy 8:14

[7] Deuteronomy 32:15

Parshat דברים Deuteronomy 1:13 – Wisdom Alone is Not Sufficient Criteria for a Judge

Deuteronomy 1:13 – Prepare for yourselves wise and understanding men, known among your tribes, and I will make them heads over you.

Sifri: “They should be known to you”

Torah Temimah Colloquial Translation on Note #9:

The Sifri explains that it is not appropriate to appoint a judge when it is not known “who he is” even though he may be a great scholar. The Rambam in Chapter 2, Halacha 7 of Sanhedrin explains the phrase “known among your tribes” is in reference to the known saying that a judge must be someone who is pleasing to the people. This is according to the Gemora Sanhedrin 88b that states “Anyone who is wise and pleasing to the people may be appointed as a judge.”

However, it does need to be explained how the Rambam connects the idea of being “known to the tribe” to the idea of being pleasing to the people, especially since the Gemora itself does not use our verse to support this teaching. Perhaps one can say that the idea of “being known” is that people can see the content of his soul and can see his good actions and that through this the [potential] judge is someone beloved to the tribes. This is also alluded to in the previous note where it states that the word “men” means that a judge’s humanity is what needs to be known. [שבאנושיותם יהיו ידועים]  

In other words, the judges need to be righteous, beloved and pleasing to the people.

Editor’s Note: The Torah Temimah says that one cannot appoint a judge unless his “menshlichkeit” or humanity is known.

Parshat דברים Deuteronomy 1:16 – The Judge Should Be Equal to the Punishment

Deuteronomy 1:16 –And I commanded your judges at that time, saying, “Hear [disputes] between your brothers and judge justly between a man and his brother, and between his litigant.”

Sanhedrin 7b: Rabbi Yochanan said that [the command referred to here in the verse] was a [corresponding] warning to judges to be careful [zealous] regarding the stick and the strap

Torah Temimah Colloquial Translation on Note #11:

It says in the book Chiddushei Aggadot that the reason why [Moshe needed to give a special command to the judges regarding punishing people with a stick [or lashes] was because in that generation [of the desert], the Jews then were more stubborn and prone to arguments and quarrels. This is consistent with the verse that mentions Moshe complaining to God (Devarim 1:12) “how can I alone carry their burden, their load and their quarrels”. For this reason the judges at that time were reminded about the corporal punishments with a stick or a strap.

This explanation doesn’t make any sense at all. Behold Moshe commanded many mitzvot at that time. Also the idea that specifically for this reason were the judges commanded then about the stick and the strap also makes no sense. The punishment of corporal punishment was not for just that generation but also for later generations. Also, that is the way of the world, that all court systems include punishments. Additionally, what does the Gemora mean to say when it adds that the judge needs to be extra careful or zealous regarding the stick and the strap? Wouldn’t it have been sufficient to just state that among the tools of a judge are a stick or a strap or a shofar or a sandal (as it is alluded to in the beginning of Parshat Mishpatim). Also, why is there no special care needed for the shofar or the sandal? Lastly, how is the word “corresponding to” appropriate here?

Rather the truth appears that the explanation is in line with that which it says in Psikta Rabbati, Chapter 33. Rabbi Shabbtai says “a judge must be according to the stick or according to the strap or according to whatever punishment he uses. The judge must not be suspect in any way while using a big stick or a big strap.”

The explanation of this is that the judge must not use corporal punishment to rule over others for his own gains. Additionally, it is forbidden for the judge to use a corporal punishment that is beyond the endurance of the convicted person. This is also mentioned in Midrash Rabbah Devarim Chapter 5 as follows “The actions must correspond to the stick and the staff, it must not be that it is the judge who has the need to hit.” In other words, when more lashes than are appropriate are meted out, or if the strap or stick is larger than it should be, then it is the judge, himself, who becomes liable for the punishments.

This idea is also mentioned in the Sifri on Parshat Ki Tetzei on the verse “forty lashes, not more”. [if the verse already mentions “forty” why does it also need to say “not more”?] It is explained there that there are two types of “overdoing” on the punishment. One type is on the number of lashes, and not going beyond thirty nine. The other type of “overdoing” is that if the judge sees that the person can only endure a given lesser number (such as ten) then it is forbidden to give more lashes than that lesser number. This type of extra caution and discernment by the judge is what required the extra degree of warning [mentioned in the Gemora].

Editor’s Note: One who is judging others needs to first measure himself and be sure that he is not meting out punishment for his own needs.

Parsahat מטות Numbers 32:3 – Twice as written and once in Targum

Numbers 32:3 “Ataroth, and Dibon, and Jazer, and Nimrah, and Heshbon, and Elealeh, and Sebam, and Nebo, and Beon,”

Berachot 8a: Ataroth, and Dibon … Rav Huna the son of Judah said in the name of Rabbi Ami: “A person should always complete his weekly Torah portions with the congregation – twice as written (in Hebrew) and once in Targum (in Aramaic translation) even Ataroth, and Dibon.

Torah Temimah Colloquial Translation on Note #1:

Rashi comments: even Ataroth, and Dibon, which have no Targum (they read the same in Hebrew and Aramaic).  Tosafot questions why the gemarah specifically mentions Ataroth, and Dibon as opposed to names such as Reuben, Simon, etc.  This question aside, the verse referring to Ataroth, and Dibon has the Jerusalem Targum[1] [which is also cited by Onkelos on this verse].  Tosafot explain that since Ataroth, and Dibon only have a Jerusalem Targum and no well-known one, one might think that one should read the verse in Hebrew three times.  Therefore the gemarah states that it is better to read it a third time in the Aramaic translation.  This explains the difficulty, albeit, their original question remains unanswered.  The Mesoret Hashas emends the gemarah to refer a verse in at the end of parashat Massei that refers to Dibon and Ataroth.  This verse has no Targum, however, this emendation does not answer the question of Tosafot regarding names.  Many of the commentators tried to explain this.

I wonder what led our rabbis to say that the gemarah was emphasizing once in Targum, for it appears clear to me that the intention equally applies to twice in Hebrew.  The explanation is that this verse (referring to Ataroth and Dibon) is not connected to the previous verses nor to the subsequent ones.  One could skip this verse without detracting from the meaning and continuation of the current section.  Here, one could skip from verse 2 to verse 4 without missing anything as it appears.  They said to Moses … (verse 2). The land which the Lord smote … (verse 4).  One might think that in such cases, there is no obligation to read this verse twice in Hebrew and once in Targum, rather once could skip the verse or read it only once.  The gemarah teaches otherwise, that his verse is like every other verse in the Torah, which one must read three times.

This shows the deep understanding of Chazal and their sensitivity.  Such a verse, which, as described above, has no necessary connection to the current section, such that, by omitting it one detracts nothing from the matter at hand.  Even such a verse is treated as individual and unique in the entire Torah.  Take note.

Editor’s Note: If one skips a word or an entire sentence when publicly reading the Torah, the reader must go back to correct the mistake, even if the omission does not detract from the current section.  A Torah scroll is not kosher if even one letter was omitted.  Lest one think that this does not apply to the daily study of Torah, the Torah Temimah shows the sensitivity of Chazal to every verse in the Torah.  Every verse in the Torah is unique and special.  Even if the verse seems superfluous, one must review it three times: twice in Hebrew and once in translation.

 

[1] There are two versions of the Jerusalem Targum: a fragmentary one and a more complete one.  The more complete one is sometimes incorrectly associated with the translation of Yonatan Ben Uziel whose translation only accompanies the prophets and Hagiographia.  Both of these provide a more homiletic translation than Onkelos who provides a more literal translation