Enlightening the World One Halacha at a Time

February 28, 2008

Bima in the Middle

Bima in the Middle - Practical or Prosecutable In this weeks parsha, Parshas Vayakel, we once again learn about the mishkhn and all the kaylim. We know one of the keylim was the Mizbayach Haketores (the alter of the incense). But enough of the Mizbayach let's talk about the Bima. Ever wonder why in most shuls the Bima is right in the middle? Besides for allowing everyone to be within throwing distance to attack the choson/bar mitzva, what is the reason behind it? The Gemara in Sukkah says there was a shul in Alexandria that was so large that even with the bima in the center people couldn't hear and the chazan would wave a flag every time he finished a bracha so people would answer amen. (maybe with all the talking in shuls now-a-days we should reinstitute this practice???). From this Gemara the Vilna Gaon said we see the reason why a bima should be in the center is to allow everyone to hear and partake in the davening. However, would you want to put the Bima somewhere else as long as everyone could hear, it wouldn't be a problem. The Chasam Sofer was not too happy with that ruling. He said from the Gemara we see even if people can't hear you still need to put in the middle. The Gra and Chasam Sofer argue fundamentally in how big was the shul in Alexandria, according to the Gra no matter where you put the bima not everyone could hear, according to the Chasam Sofer there was an area were they could've put it and everyone heard, yet they didn't because the Bima needs to be in the middle. The reason for that is the bima is symbolic of the Mezbayach. The chazan reads the Karbonos from it, we march around it on sukkos and hoshana raba like they marched around mizbayach in the bais hamikdash, it is directly in front of the Ahron the the mizbach was. Our Bima, says the Chasam Sofer, is a replica Mizbayach. The Chasam Sofer adds that those shuls that have a bima in the front- took that idea from the non-jews and reform temples and thus copying them is a serious sin. Obviously, in deference to the opinion of the Chasam Sofer when building a shul we should try to build the Bima in the middle, but what if you go into a shul and you see an off-center bima can you daven there? Rav Moshe answers that while it is better to daven in a shul with a bima in the center, those shuls whose bima is off center now-a-days put it there not to copy the goyim but because of other practical issues (it won't fit in the middle, it will block people's walking room, the light is better there etc) so there is no averah in davening in such shuls. We should all try to take these coming parshos that seem slow, dry and irrelevant and try to find something applicable to us now-a-days. That's HalachaBoy goals, and it should be yours to!

February 20, 2008

Do Rebbeim have to pay for the School Dinner?

What is it that makes someone a gadol hador? Brilliant intellect? Sterling upbringing? The finest yeshivos? While all these things certainly help, the one thing you hear about every gadol is not how much torah he learnt but what a mench he was, what ahavas yisroel he had, what care for a fellow person he imbued. Rav Moshe Feinstein was one who defined this middah, and while there are countless stories told about his care and compassion I would like to, in typical HalachaBoy fashion, prove it from a Halacha. A school director once posed this shayla to Rav Moshe- Every year we have our school dinner, and parents of the children pay lots of money to come and mingle with their children's Rebbes and Morahs. However, the Rebbes and Morahs have no interest in going. As the director of the yeshiva can I force these Rebbes and Morahs to come? Rav Moshe answers that the director can demand they show up, however he can not force them to pay for the event. Of course, if the Rebbes and Morahs want to eat they must pay, but if they are not going to eat they are not required to pay. There is one prerequisite to this though, says Rav Moshe, if the parents will see the Rebbes and Morahs are not eating and come to think the food is traif- the Rebbes and Morahs are required to eat- however, they are only responsible to pay a normal fair dinner value, not the exorbitant fancy deluxe gala value. What I found most interesting about this response, however, is the introduction. In the first paragraph Rav Moshe apologizes profusely to the director for not answering his question sooner. In fact, Rav Moshe says, "I didn't get your letter till after the scheduled date of the dinner, however, I feel responsible to reply none the less. Because this question could come up again and I don't want you to be required to write me again." Had I found a dusty unopened letter I would have opened it, read the question, realized the date had passed, figured the guy doesn't need an answer and gone on with my life. But, a gadol hador doesn't do that: Rav Moshe took the time to answer a question which potentially had no ramification anymore, because it might have some importance in the future. And the gadol hador, one of the busiest men around, didn't want to bother the director to pick up his pen and write again. That is ahavas yisroel, that is caring for another. Not to extend my halacha boundaries but Moshe Rabenu in this weeks parsha does the same thing. Jews sin with the golden calf, Moshe goes up to Hashem and says "Either accept their teshuva or wipe me from Your book" It's about caring for another and being willing to go the extra mile. It's an easy lesson but a hard one to master. From Moshe to Moshe no one was as great as Moshe. Have a good shabbas

February 11, 2008

Can a Women Carry a Gun

This week's parsha, Parshas Titzaveh, spends great length discussing the garments worn by the Kohanim. While there is much to say on the topic, and I'm sure ParshaMan will, Halachaboy would like to discuss a more contemporary garment question. Can a woman carry a gun? A gun??? You say. A gun, I say. The issue is as follows. We all know one of the 613 mitzvos is that men can't wear womens' clothing and visa versa. The Gemara says that utensils of war are considered men's garments and thus are forbidden to be worn by women. STORY TIME Further, Rashi adds a fascinating insight into one of my favorite stories in Tanach. Sisra (bad guy) was fleeing from the Jews (good guys, at least at the time of the story) after the Jews had just beat Sisra's army in battle. Sisra takes a break from fleeing and hides in Yael's house. Yael fakes allegiance to the evil general, feeds him wine and milk- Sisra falls asleep and Yael kills him with a spike from the tent. Did Yael not have sword? Rashi answers, from this story we see woman can not wear/carry utensils of war. Rav Moshe was asked this question 28 years ago. Apparently, back then in Gush Etzion there were Arabs killing Jews (amazing how some things don't change) and the women in this city wanted to know if they could carry small pistols to protect themselves. I know you are all screaming isn't it Pikuach Nefesh and of course, it should be allowed- well Rav Moshe felt since the Arabs didn't have the guts to attack the city (unfortunately, now sometimes they do) and the only issue is when traveling, the woman could stay in the city or travel with men when they must leave. However, Rav Moshe rules that the sin of wearing clothing of the opposite sex is only when it is worn for beauty, attention or style, but if one were to wear it just to stay warm or dry (Hint: Gentlemen, give your ladies a jacket) or for safety it would be allowed. Since, ideally the woman of Gush Etzion would rather not have to carry a gun just circumstances require it- based on our logic wearing a gun would be allowed.. Further, Rav Moshe writes that if the threat is real not only should women carry guns but they are required to go to school to perfect their shooting and the gun should be carried in an accessible area, not a pocketbook. But what about our heroine (not drugs, but spelt the same [I think?]), Yael? Rav Moshe answers, that in that story Sisra was passed out in a stupor allowing Yael to easily use the spike, but in regards to the Arabs, who have no fear of the government or punishment, and rejoice in the death of innocent children, women from Gush Etzion would be allowed to carry guns. Have a good shabbas- and as we are in Adar- let us, men and woman, begin thinking about using our weapons on Amalek.

February 8, 2008

Can one Actually Learn all of the Torah

This week's parsha, Teruma, goes into great detail on how the keylim (utensils) of the miskan are to be built. The dimensions of the Ahron, mandated in the torah, are 2.5 amos by 1.5 amah by 1.5 amah. There is a famous dvar torah that asks, why are all the dimensions on the Ahron not whole numbers, yet by all other items there is at least one side that is a full number. The answer given is that while you can be full and complete in every aspect of life, completing your requirement to learn torah is never complete. The Ahron which symbolizes torah as it held the luchos received by Moshe is never complete. Isn't that a difficult thing to say? Torah is vast, but surely someone in the history of time has toiled through it and emerged victorious knowing it all. So you will tell me if Shlomo Hamelech didn't understand Parah Adumah and he was the smartest man of all time- check the Guinness book it's in there- then it must be impossible. But hypothetically, if you knew the whole torah would there still remain a requirement to learn? Rav Moshe brings down what at first glance is a contradiction in the Rambam. The Rambam writes (Talmud Torah 1:8) everyone has a requirement to set aside a fixed time to learn both at day and at night. Yet 2 halachos later (1:10) the Rambam goes on to say any time not spent learning is an aveirah causing you to forget the torah you learnt. But didn't the Rambam just say a little during the day, a little during the night and your fine???? Rav Moshe answers that it is not a contradiction, you just need to understand something about Torah. Torah isn't physics (thank G-d) or math (if it was I wouldn't learn it) or even grammar (I'd lie on a bed of nails before learning it). Torah is Hashem's blueprint of the world. In regards to secular studies (as they are called, which is a separate topic but not for now) one could toil and master it. There have in fact been geniuses that knew everything about a certain field and once they did they could sit back and relax. However, Torah is different because even if you knew all the torah, if you were to sin, Hashem would cause you to forget (happened to Moshe, Yehoshua and others). So, in an ideal world where you wouldn't sin a little during the day and a little night is fine (because you wouldn't forget and would eventually know it all). But since none of us are ideal, and we all occasionally (and hopefully not more) sin the Rambam commands us to learn all day. For if we didn't learn all day we would inevitably sin and forget what we learnt and be back at square one. So for us the requirement is to learn all day (obviously you are allowed to go to the bathroom, eat, and earn a parnassah), but ideally it wouldn't be that way. Rav Moshe proves that in the time of the Gemara, the Tannaim (the Rabbis in the time) never forgot what they learnt- they were that pure and sin-free, but for us the torah lesson of the Ahron applies. It is a pursuit with no finish line, but a race we must run. You ever wonder why you can remember a line from a show you haven't seen in 10 years, or the lyrics to a song you haven't heard in ages- but every time we start the torah again you don't remember the story line????? Ask yourself this: Can you name the mother of Jesus?? Can you name the father of Avraham?? If you feel like you just got a 50 on my pop quiz- don't be disappointed. 99.5% of Jews answered Yes to the first question and no to the second. But let's begin to work at it.

February 1, 2008

Someone took your coat, can you take someone elses?

In this weeks parsha, Mishpatim, we read about the laws of stealing. Baruch Hashem to most of us stealing and cheating are yetzer haras we have outgrown. Obviously, there are nuanced laws of stealing which many of us still struggle with (stealing someones sleep, borrowing without permission, plagiarism, etc) but for the most part we view the act of stealing with contempt and disgrace.I would like to discuss a common question that comes up that might infringe on the laws the stealing.The case is as follows: You decide to go to shul for shabbas and since its winter and you aren't Halachaboy you decide wear a coat. As a side point: HalachaBoy was influenced in his youth by an individual that never wore coats (not rain, snow, sleet, nor'easter could slow him down) and while HalachaMom would not let her young son follow in the footsteps of the Abominable Snowman, now that HalachaBoy is on his own and still secretly yearns to brave the elements like his boyhood idol, He is often seen coat less even in the subzero Green Bay -35 degree Icebowl weather. But back to the point, after an inspiring davening and Rabbi's speech (which you actually stayed awake for) you head to the coat room to retrieve your warm furry coat. Yikes! It is gone. Someone has taken your coat by accident, so you wait and hope perhaps the perpetrator will return it but to no avail. You are left in the coatroom alone, just you and a strangers coat with no identification. Its cold and you want to leave. Question - Can you wear this coat instead? You don't intend to keep it, but its cold and you want to get home.Rav Moshe answers ( OC 5 9:7) that from the gemara it would seem it is assur to take the coat. He, however, quotes the Aruch HaShulchan who rules that if the place were the item was lost is a communal area where everyone knows this stuff happens, since people put their items there knowing the risks, it would be allowed. Rav Moshe is hesitant to rely on the Aruch Hashulchan unless the shul announces this policy and places signs in the coatroom alerting the people of the rule. If however, your community has not instituted this policy, Rav Moshe feels you are not justified to take the coat as "collateral" for your coat and you are required to pay the owner for the use of the coat if you had already taken it. If you want to be safe, you can always remember to put your coat somewhere safe where no one else hides their coats, or brave it like HalachaBoy and the Abominable Snowman. We should all learn from this ruling how careful we must be with others property and how much regard we should begin to show for others belongings. It isn't a chumra.... Its the law.