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1. When does Parshas Nitzovim take place during Moshe’s lifetime?

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AHTaking Stock of the Nation when the Time

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T H I S P A G E H A S B E E N K I N D L Y S P O N S O R E D

Parshas Nitzavim begins with the words: "You are standing today, all of you, before Hashem, your G-d: Your heads, your tribes, your elders, and your officers - all the men of Israel". [Devorim 29:9].

Rashi comments (in his second interpretation): "Since Israel was going out from leader to leader, from Moshe to Yehoshua, therefore he made a standing assembly (matzeivah) of them in order to exhort them. And so did Yehoshua do (before he died). And so too, Shmuel, who said 'Stand and I shall contest with you', when Israel left his hand and entered the hand of Shaul."

In other words, whenever a leader would prepare for the handing over of the nation, so to speak, to the next generation of leadership, he would make them into a "standing assembly" (matzeivah).

What does it mean to make the people into a 'matzeivah'? Rav Moshe Feinstein, in his published thoughts on Chumash, introduces an interesting concept. The thought is based on a somewhat homiletic idea. The Torah commands elsewhere: "Do not set up for yourselves a pillar ('matzeivah') that the L-rd your G-d despises" [Devorim 16:22]. Many masters of 'derush' (homiletics) interpret this pasuk [verse] to mean that a person should never make HIMSELF into a 'matzeivah'.

A 'matzeivah' is an altar made of one piece of stone as opposed to a 'mizbeach' that is an altar made of many stones. The symbolism of a one-piece stone is: This is where the person is now and this is where he is always going to be. A person is not a 'matzeivah'. A person should never make himself into a 'matzeivah' saying: "this is all that I am." A person must try to grow. Either we grow or we regress. Spiritually, there is no such thing as standing still.

A person should never say: "What do you want from me? I have my wife. I have my kids. I learn my daf. I daven three times a day. I am a good guy. Leave me alone!" A person must never stagnate spiritually and thereby make himself into a 'matzeivah'.

Our Sages comment on the words "Vayelech Moshe" [And Moshe went] at the beginning of next week's parsha that the word "Vayelech" indicates chastisement (tochacha). We understand that there is plenty of tochacha in Parshas Ki Savo and so too in Parshas Nitzavim. But where is the tochacha in the word "Vayelech" at the beginning of Parshas Vayelech?

The answer is that Parshas Vayelech was written on the last day of Moshe Rabbeinu's life (the Seventh day of Adar). The Torah is indicating to us that

even at the age of 120, Moshe Rabbeinu was still a 'holech' (a mover). There are two types of beings in this word -- a stationary being (an 'omed') and a dynamic being (a 'holech') -- someone who is always on the move.

Moshe Rabbeinu did not walk into his retirement party dressed casually, without a tie, looking forward to giving up the tremendous burden of leadership that he bore on his shoulders all these years. Even to the very end, Moshe was a 'holech'. This is the chastisement -- to the rest of us!

The Vilna Gaon comments on a pasuk in Zecharia [3:7]: "And I will place before you movers (mehalchim) between these stationary people (haOmdim haEleh)". The Gaon states that the only being that should be spiritually stationary is an angel. The pasuk is teaching that a person -- sometimes -- can even be a mover after his death, moving amongst the 'omdim', i.e. -- the angels!

If a person works and accomplishes something while in this world and leaves a legacy, then even after death, he can be a 'holech'. However, the time when a person is on this planet is certainly not the time to relax. There will be plenty of time to relax... in the next world.

As we get older, we look ahead to the generation older than us. I am strengthened by the fact that I see many people older than I, past retirement age, who remain dynamic and creative. They are still 'holchim' well into their seventies and eighties. They never allow themselves to become merely

"omdim" (stationary). Some people go on to even greater life accomplishments after they "retire" from their professional careers than during that "productive period". This is the way it should be with all of us. We must remain 'holchim.'

To return to our point of departure, Rav Moshe interprets "Atem Nitzavim" [You are standing] as "he made them into a 'matzeivah'." As he is about to hand the nation over to Yehoshua, Moshe gives his disciple a status report on the nation. "Yehoshua, this is where they are spiritually right now. It is your responsibility to take them to the next level." It is necessary to have such a measure, a snapshot in time, against which future progress can be compared and calibrated.

This is why, throughout Biblical history, every leader would make the people into a 'matzeivah' at the time when he was about to hand over the nation to the next generation's leadership. This was to create a sort of snapshot, as if to say, "Where do they stand at this moment in time?" The past leader "took stock of the nation" before handing them over to the next leader. This is the meaning of "he made them into a 'matzeivah.'"

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12 September ’15 כ"ח אלול תשע”ה

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2. How is this bris, covenant, different to all the previous ones? Why the need for an additional bris?

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לעילוי נשמת

לע''נ הב' משה יוסף בןילחט''א ר' שלמה טבלי הי''ו

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Rosh Hashanah daveningJoseph FaithNishmas Yisroel H

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Halachos reviewed by R. Dovid Tugendhaft. For final rulings please consult your rav.

I LEFT SHUL FOR A FEW MINUTES AND MISSED A FEW PIYUTIM. DO I HAVE TO SAY THEM TO MYSELF WHEN I COME BACK?

Although when you are in shul you should make every effort to say the piyutim, you are not required to make up what you missed1.

IN MY SHUL THEY MAKE KIDDUSH BEFORE TEKIAS SHOFAR. IS THIS ALLOWED?

This is the subject of longstanding debate. Although there is no explicit prohibition against eating before tekias shofar in the Shulchan Aruch, the Magen Avraham, cited by the Mishnah Berurah2 rules that it is forbidden to eat more than an egg’s volume (kebeitza) of mezonos, and implies that even eating less than that is only permitted in cases of great need (“tzorech gadol”)3.

However, in recent generations, it has become customary in many places to make kiddush before tekias shofar, with some suggesting that this was instituted by R. Yisrael Salanter4. Many poskim encourage those who are able to concentrate fully without eating until after davening to do so5 and most accept the Magen Avraham’s prohibition against eating more than a kebeitza of mezonos6, although there are some sources that would seem to justify eating more7. Others add that there is greater room for leniency on the second day of Rosh Hashanah, when the mitzvah of tekias shofar is rabbinic in nature8.

ARE WOMEN ALLOWED TO EAT BEFORE HEARING TEKIAS SHOFAR?

Several poskim write that ideally they should abide by the same restrictions as men, as outlined above, although they may eat if not doing so causes discomfort9.

SHOULD I SAY BARUCH HU U’VARUCH SHMO IN RESPONSE TO THE BRACHA ON TEKIAS SHOFAR?

No. However, if you did, it is not considered an interruption (hefsek), as long as you heard all the words of the bracha10.

MAY I TALK ONCE TEKIAS SHOFAR HAS BEGUN?

No, you should be careful not to talk until after chazaras hashatz11.

1 Mekadesh Yisrael: Yamim Noraim (Harfenes) 119,2 Mishnah Berurah 692:153 Magen Avraham 692:74 Shu’t Hisorerus Teshuva 225, Olas Shmuel 82, Mikraei Kodesh: Yamim Noraim 29, Shu’t

Tzitz Eliezer 6:7, 7:32 & 8:21, Shu’t Az Nidberu 1:10, Moadim U’zmanim 1:4, Shu’t Teshuvos Vehanhagos 5:179, Hilchos Hechag Bechag: Yamim Noraim 8:25

5 Mateh Efraim 588:2, Shu’t Minchas Yitzchak 5:111, Shu’t Betzel Hachochma 4:147, Shu’t Shevet Halevi 4:54, Shu’t Lehoros Nasan 1:29, R. Shlomo Zalman Auerbach, cited in Shalmei Moed p.37

6 Mateh Efraim 588:2, R. Shlomo Zalman Auerbach, cited in Shalmei Moed p.38, Piskei Teshuvos 585:2

7 Nitei Gavriel: Rosh Hashanah p.4578 Hilchos Hechag Bechag: Yamim Noraim 8:259 Chayei Adam 141:7, Eishel Avraham 589:3, Kitzur Shulchan Aruch 129:19, Piskei Teshuvos 585:2,

Hilchos Hechag Bechag: Yamim Noraim 8:2610 Mishnah Berurah 124:21, Kitzur Shulchan Aruch 129:14, Piskei Teshuvos 585:3, Shu’t Shraga

Hameir 5:55, Hilchos Hechag Bechag: Yamim Noraim 8:1711 Orach Chaim 592:3, Mishnah Berurah 593:11

The Chayei Adam writes that you should not talk until the tekios that are blown after musaf have concluded12. Although his ruling is cited by some poskim13, others believe that this is not required14.

WHAT ABOUT SAYING THE YEHI RATZONS PRINTED IN MY MACHZOR DURING THE FIRST SET OF TEKIOS (TEKIOS DE’MEYUSHAV)?There are divergent practices: some poskim frown on saying them15, but others justify doing so16.

SHOULD I SAY ASHER YATZAR IF I USE THE BATHROOM DURING CHAZARAS HASHATZ OF MUSAF? Yes - most poskim believe that asher yatzar is not considered an interruption (hefsek)17. Although R. Moshe Feinstein writes if you are sure you will not forget to say asher yatzar after chazaras hashatz you may leave it until then18, in general it would seem preferable to say asher yatzar immediately after using the bathroom19.

HOW ABOUT LEARNING? Some poskim allow you to learn topics related to tekias shofar once the first set of tekios (tekios de’meyushav) have concluded20. R. Nissim Karelitz is cited as permitting you to learn the halachos of tekias shofar verbally and other matters silently21.

IS THERE A GREATER OBLIGATION TO PAY ATTENTION TO CHAZARAS HASHATZ OF MUSAF THAN ANY OTHER SHMONEH ESREI? The Brisker Rav (R. Yitzchak Ze’ev Soloveitchik) held that there is a specific requirement to hear every word of chazaras hashatz of musaf22, but most poskim disagree and believe that there is no intrinsic obligation to do so23. This means that it is not necessary to ensure that you finish your silent shmoneh esrei before the chazan begins his repetition.

I HAD TO LEAVE SHUL DURING CHAZARAS HASHATZ OF MUSAF AND I MISSED SOME OF THE TEKIOS. AM I OBLIGATED TO FIND SOMEONE TO BLOW THESE FOR ME? According to one view, you must find a way of making up the tekios you missed24. But the Chazon Ish implies that this is not necessary25. In practice, R. Shmuel Kamenetzky rules that you are not obligated to make up the tekios you missed, but it is preferable to do so if possible26.

12 Chayei Adam 141:913 Kaf Hachaim OC 593:17, Hilchos Hechag Bechag: Yamim Noraim 8:614 Yalkut Hagershuni 593:1, Ketzeih Hamateh 593:715 Mishnah Berurah 596:12, Maaseh Rav 206, Shu’t Teshuvos Vehanhagos 1:344, Shu’t Yabia Omer

1:3616 Koveitz Teshuvos 1:60, Shu’t Ohr Letziyon 1:39 17 Shu’t Shevet Halevi 5:66:5, Halichos Shlomo: Rosh Hashanah 2:16, Shu’t Kinyan Torah 5:55,

Piskei Teshuvos 592:418 Shu’t Igros Moshe 4:1419 Shu’t Minchas Yitzchak 3:41 & 4:47:320 Mikraei Kodesh: Yamim Noraim 3021 Chut Shani: Rosh Hashanah p.8322 Chiddushei HaGrach (Stencil) 4823 Chazon Ish OC 137:4, Halichos Shlomo: Rosh Hashanah 2:n64, Shu’t Minchas Yitzchak 4:48,

Hilchos Hechag Bechag: Yamim Noraim 8:2124 Shu’t Hisorerus Teshuva 32125 Chazon Ish OC 137:426 Kovetz Halachos: Yamim Noraim 12:6, Piskei Teshuvos 592:3


3. Which words in Parshas Nitzovim have dots over their letters in the Chumash and why?

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NParshas Nitzovim Steps to Teshuva

Rabbi Dovid RobertsKehillas Netzach Yisroel

When the Ponievizer Rov, Rav Kahaneman

z”tl, first visited South Africa in the 1920s

to solicit funds for his yeshiva, he asked his

Rebbe, the saintly Chofetz Chayim z”tl, what

message of chizuk and inspiration should he

deliver to the Yidden there.

With remarkable prescience and insight, the Chofetz

Chayim instructed him to tell them that it is easy to do teshuva

and not to be dissuaded by the Yetzer Hora who attempts to

get us to give up before we have started by building up teshuva

to be an unachievable goal.

He quoted the pesukim in this week’s parsha that according

to the Ramban, reference the mitzvah of teshuva.

11 For this commandment which I command you this day, is not concealed from you, nor is it far away.

יא כי המצוה הזאת אשר אנכי מצוך היום לא נפלאת הוא

ממך ולא רחקה הוא:

12 It is not in heaven, that you should say, “Who will go up to heaven for us and fetch it for us, to tell [it] to us, so that we can fulfill it?”

מים הוא לאמר מי יב לא בשמימה ויקחה יעלה לנו הש

לנו וישמענו אתה ונעשנה:

13 Nor is it beyond the sea, that you should say, “Who will cross to the other side of the sea for us and fetch it for us, to tell [it] to us, so that we can fulfill it?”

יג ולא מעבר לים הוא לאמר מי יעבר לנו אל עבר הים ויקחה לנו וישמענו אתה

ונעשנה:

14 Rather,[this] thing is very close to you; it is in your mouth and in your heart, so that you can fulfill it.

יד כי קרוב אליך הדבר מאדבפיך ובלבבך לעשתו:

It is truly startling to see that, decades later, the advice of the

Chofetz Chayim, and the efforts of many special individuals

who helped spearhead the teshuva movement, found fertile

soil and that South Africa is at the helm of this revolution.

But the message itself requires careful analysis.

Is teshuva indeed so easy to achieve? How many of us

can attest to the fact that we have tried and failed to achieve

lasting, fundamental change?

Furthermore, the Rambam specifies a number of critical

phases that must accompany teshuva, namely abandoning

the negative behaviours, deep and sincere regret, acceptance

and undertaking of more positive behaviour in the future, and,

perhaps most significantly, a verbal declaration of all of the

above, known as Viduy (confession).

Surely, these can’t be considered easy?!

An approach to understanding this is the realisation

that there are two phases to teshuva. In the simplest sense,

as the word implies, it is a return to the true path. We may

have strayed along the way, been diverted by the allure of

materialism, attached inherent value to things that are only

a means to an end. We need first to return, to realign our

priorities, to get back on track.

Once we are safely back on course, we do, of course need to

assess and process the damage that has been caused by our

reckless detour. This comes in the form of the various details

enumerated above.

In simple terms, the first type or phase of teshuva deals

primarily with future direction, the second attempts to

mitigate the damage done in the past and expiate its effects

and influence.

On Rosh Hashanah it is the first phase that we attempt to

achieve. Standing silently, wordlessly, listening intently to the

clarion call of the shofar to rededicate ourselves anew, we are

resolutely focused on the future.

This phase, the Chafetz Chayim informs us, is relatively

easy. All it requires is a sincere commitment to a change of

direction.

Once that is in place, we can begin the painful, and more

difficult phase of expunging the toxic effects of past actions,

culminating in the cleansing of Yom Hakkipurim.


4. Where is the month of Elul alluded to in Parshas Nitzovim?

S P O N S O R E D

coming soon! THE ONEG YOMIM NOROIM EDITION

לעילוי נשמתר' קלמן בן משה ז"ל

Kalman Weissbraun

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Rabbi Dovid TugendhaftRov of Beis Hamedrash Nishmas Yisroel and seed Halacha Hotline

Pruzbul is a solution which Chazal found to a problem which they encountered when the practice of two mitzvos seemed to clash.

On the one hand there is the mitzvah of lending money to people. This can help the borrower to set up a business or merely tide them over until they are paid by their employer. Either way it is a huge chesed which can make a massive difference to the life of the borrower.

On the other hand there is the mitzvah to cancel all debts at the end of the Shmitta year, reminding ourselves that Hashem is the source of all wealth and that ultimately everything belongs only to Him.

In this article we will explore the mitzvah of Shmittas Kesofim, cancelling loans and then see how Chazal enacted the Pruzbul to ensure that the wealthy will not miss out on the opportunity to fulfil the mitzvah of lending money, and that the poor will find benevolent people who will be willing to help them in their time of need.

1. It's a mitzvas asei to cancel all loans between Jews, as it says מקץ שבע שנים תעשה שמיטה, וזה דבר השמיטה שמוט כל בעל משה ידו)דברים טו, א-ב( This is true whether the loans .אשר ישה ברעהו were formalised in a contract or were organised verbally.

2. No brocha is said since it's a mitzvas asei she'ein bo ma'aseh, a positive mitzvah which involves no action.

3. After the Shmitta year, if the lender reclaims the money from the borrower, he has transgressed a lo sa'aseh, as it says לא He has also violated the .יגש את רעהו ואת אחיו כי קרא שמיטה לה'prohibition of gezel, stealing and has to return the money he reclaimed from the borrower. This is because most Rishonim view these halachos of Shmittas Kesofim as "afk'asa d'Malka", meaning that the loans are automatically cancelled.

4. This halacha applies exclusively to loans between members of Klal Yisroel. Rashi brings from the Sifri that it's a mitzva to reclaim loans made to an Akum, as is the norm in society and it's forbidden to waive them as it says את הנכרי תגש.

5. This halacha applies to both men and women.

6. Most Rishonim say that nowadays this mitzvah of Shmittas Kesofim, cancelling debts, is not min HaTorah, and that Chazal instituted it so that these halachos wouldn't be forgotten.

7. The mitzva is a chovas haguf, meaning that it is dependent on each individual and is not related to Eretz Yisroel specifically. Thus most poskim say that it applies equally in chutz la'aretz.

8. Most Rishonim say that it's at the end of Shmitta when loans are cancelled as it says שנים שבע implying at the end of מקץ the Shmitta year, immediately after the conclusion of the last day of the year, 29 Elul. Prior to this time one is allowed to reclaim all loans, whether they were made before or during the Shmitta year.

9. These laws remain in force even if the lender stipulates that the laws of Shmitta shouldn't apply to the loan. This is because one cannot be "masneh al ma shekosuv baTorah", stipulate a condition which is contrary to Torah law. However, the borrower can stipulate that he will pay back the loan despite it being Shmitta year, since it's considered that he's not contravening the Torah but merely voluntarily obligating himself to pay money which he isn't mechuyav to from the Torah which is allowed (Sm'a Choshen Mishpot 67.18).

10. Hillel Hazoken saw that people were reluctant to offer loans to the poor because they were scared they would never be repaid. He therefore instituted the practice of the lender writing a Pruzbul which would allow him to reclaim the loan even after Shmitta. What the Pruzbul essentially does is transfer the loan from being owed to the lender, to being owed to the Beis Din. The gemara in Gittin 37a explains that the word Pruzbul is comprised of two parts. Pruz means a takana, something which has been instituted, and Bul means wealthy, since this stops the wealthy people from violating the words of the posuk בליעל לבבך עם דבר יהיה פן לך warning them from השמר harboring thoughts of withholding giving loans.

11. A Pruzbul can be written in any language.

12. If a person has money owed to him by people overseas in other time zones, they must be careful to write the Pruzbul early enough on erev Rosh Hashona so that it's not Rosh Hashona yet in those other time zones.

13. It is common practice and very advisable for everyone to write a Pruzbul even if they are unaware of specific loans which they've given (such as savings plans), in case they have anything at all owed to them which they have forgotten about. This even includes things such as foods lent to a neighbour because anything which is lent out and another item is returned in its place is considered a halva'ah, a loan.

14. One need only write one Pruzbul and this covers the lender for any amount of loans owed to them from any number of


5. Why is Parshas Nitzovim always read as the last week of the year preceding Rosh Hashana?

S P O N S O R E D

לעילוי נשמתר' אליהו בן ר' אברהם הלוי ז"ל

ר' חיים יוסף בן ר' יהודה ליב ז"ל

מרת צפורה בת יעקב ע"ה

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The Halachos of Pruzbul

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borrowers. The names of the borrowers do not need to

be mentioned.

15. If one wrote out a Pruzbul before the end of the last

Shmitta 7 years ago for a long term loan which is still

outstanding, they do not have to write another Pruzbul

this time round.

16. There is a machlokes between the Mechaber and Rama

in Choshen Mishpot 67 about whether any 3 people can

be considered a Beis Din for the purpose of Pruzbul, or

whether it needs to be a Beis Din Choshuv i.e. one which

is widely recognised by people in that city. Common

practice is to use any 3 people who are Shomrei Torah

umitzvos and not related to each other. It doesn't matter

if any of them are related to the borrower or lender.

17. When making the Pruzbul the 3 people acting as

Dayonim should sit and the lender (or someone acting

on his behalf) should stand.

18. The Pruzbul only works if the borrower has some Karka,

land. They don't need to own it though, it's sufficient

if they are renting or even if they just have permission

to to sleep somewhere and use it for storage, such as

bochurim staying in Yeshiva. If the borrower doesn't

even have that, then the lender can temporarily give him

some of his own for the purpose of the Pruzbul.

19. The Pruzbul only works for loans given before it was written. Loans given after it was written are not

included and one needs to write another Pruzbul in order for the loan not to be cancelled.

20. The lender doesn't need to actually be present for the Pruzbul to be written, he can

appoint a shliach to do it on his behalf. This has to be reflected in the text by saying

"Reuven the shliach came before us on behalf of Shimon the lender..."

21. If a person loses their Pruzbul document they are nevertheless believed to

say they had one since its a universal custom for people to write

a Pruzbul so we assume he is telling the truth.

May we soon merit the geula sheleima when all of Klal Yisroel

will be back in Eretz Yisroel and the halachos of Shmitta and

Shmittas Kesofim will apply min HaTorah.

ספר היכל הוראה ח'א הוראה רכגfrom Sefer Heichal Hora'a chelek 1 Hora'a 223

by R' Moshe Brandsdorfer


6. The possuk (30:12) says that Torah is not in Heaven. What is this telling us as surely this is obvious?

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EasyG

iving – פתוח תפתח את ידך

tzedakah book cov katz meyer Mar14 COVER SPREADS v10.indd 1

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A Practical Guide to the Halachos of Communal Obligations, Mitzvas Tzedakah and Ma’aser KesafimExcerpts from the sefer Easy Giving / פתח תפתח את ידך (which includes extensive notes and comprehensive halachic sources), authored by Eli Katz and Emanuel Meyer and available from sefarim shops in NW London. H

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In Section A, we clarified the obligation to support the essential communal infrastructure and its precedence over mitzvas tzedokoh. In Section B, we focused on the mitzvah min hatorah of tzedokoh, its exclusive purpose to financially support aniyim / poor people and the prohibitions related to tzedokoh including the obligation not to ignore the requests of an oni. In Section C, we discuss the laws relating to the custom of ma’aser kesofim - donating 10%-20% of your income, starting with the two primary sources – mitzvas tzedokoh and ma’aser rishon/sheini.

Section C - Ma’aser Kesofim Chapter 1 - The Background and Laws of Ma’aser Kesofim

B. PRACTICAL DIFFERENCES BETWEEN THE TWO PRIMARY SOURCES.

1. Only donations to aniyim fulfil the mitzvoh of tzedokoh, see Section B, Chapter 1:A.1,7. Thus, according to the first opinion that ma’aser kesofim is derived from tzedokoh, these funds can only be used to support aniyim. Using your ma’aser kesofim for other purposes, for example for general chessed or to fulfil other mitzvos, would not fulfil your ma’aser kesofim requirements.

2. According to the second approach that ma’aser kesofim is derived from Ma’aser Rishon, Sheni and Oni, then ma’aser kesofim funds can be used for both donations to aniyim as well as other mitzvos, especially to support Torah learning. We discuss the application of this approach later in Chapter 5:A.3.

3. There are many practical differences which depend on the two different sources of ma’aser kesofim, such as the concept of separation and ownership of ma’aser kesofim monies, deductions of business expenses in ma’aser kesofim calculations, whether an oni is obligated in ma’aser kesofim of ten or twenty percent or whether one is permitted to test Hashem. The interested reader can explore this question further by researching the sources provided.

4. In general, the laws for ma’aser kesofim follow a combination of these two sources.

C. THE NATURE OF THE OBLIGATION

1. There are three opinions regarding the mitzvoh of ma’aser kesofim

a. Some say that this obligation is a mitzvoh de’Oraisoh

The Vilna Gaon in the letter he wrote to his family in approximately 1778 prior to leaving for Eretz Yisroel writes:

“For the sake of God, separate twenty percent as I commanded you, and do not decrease, as I warned you. For [by separating] less than this, one transgresses every moment multiple prohibitions and

obligations, and it is as if you have denied the validity of the Holy Torah, chas vesholom.”

b. Others say that it is a mitzvoh derabonon.

c. The majority of opinions hold that it is a well-accepted minhag in Klal Yisroel.

2. Even if ma’aser kesofim is only a minhag, nevertheless you can potentially transgress serious Torah prohibitions of vows in the event that you breach your minhag by donating less than your usual 10%, or by deciding to cease the minhag altogether. In order to avoid these transgressions, it is strongly recommended that you should state explicitly that it is bli neder, both when committing to fulfil ma’aser kesofim the first time, and when donating money (to fulfil the minhag of ma’aser kesofim) for the third time. If necessary, this can be done at your next hatoras nedorim.

3. It is also recommended to have in mind when separating your ma’aser kesofim, for example, into a charity account, that it should not be considered as belonging to tzedokoh until the oni has actually received it.

D. REWARDS FOR FULFILLING MA’ASER KESOFIM

1. In addition to all the rewards for giving tzedokoh in general, see Section A: 1:A.2-4, there are further rewards specifically for separating ma’aser kesofim. The Vilna Gaon states: “that whoever is particular to separate a tenth is guaranteed to be completely protected from any damage, and whoever is particular to separate a fifth is guaranteed to become rich.”

2. Those communities which maintained the practice of ma’aser kesofim were successful and prospered, and passed their wealth down to the next generation, while communities which did not, lost their wealth, and their children were impoverished.

1. To Be Continued...


7. At the end of each parsha it says the number of pesukim and a word as a siman. What is it by Parshas Netzovim?

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7

The Weekly Halachic ConversationRabbi Avi WiesenfeldRosh Kollel, Yerushalayim and Rav at Kav Halachah Beis Horaah

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Rosh Hashanah

EREV ROSH HASHANAH

By the time Erev Rosh Hashanah arrives, we are busy with preparations for the Yom Tov itself and often forget there are spiritual preparations to be made beforehand as well as physical ones. Here are but a few examples of some of the questions that come my way on Erev Yom Tov.

Q. Why are the selichos so long on Erev Rosh Hashanah?

A. Our Rabbis teach us that a person that does Teshuva one day of the year is considered as having done teshuva the whole year. Therefore, we devote more of the day to doing teshuva by saying extra selichos.1

Q. Why do some people fast on Erev Rosh Hashanah?

A. many people have the custom to fast half the day on Erev Rosh Hashanah until chatzos (midday) or until after mincha. On reason provided for this custom is the Gemarah that says “one who admits to a crime on their own, before the witnesses come is not penalized extra”. We therefore fast and admit to our sins before the big testimony on Rosh Hashanah.2

Q. If we are all subject to Judgement on Rosh Hashanah, why do we wear our Shabbos clothing and eat festive meals?

A. we do this to show our complete trust in Hashem that He will judge us favourably if we do teshuva and daven. However, we don’t wear out finest and fanciest clothing either, as it is the Day of Judgment.3

ROSH HASHANAH – FOODS TO AVOID

We are all familiar with the simonim (special foods that serve as signs of good tidings for the coming year) that are eaten on Rosh Hashanah. However, some foods are actually avoided from Rosh Hashanah until as late as Hoshanah Rabbah. The following are some of the most common examples:

Â Nuts: many (Ashkenazim) avoid nuts on Rosh Hashanah. There are numerous reasons given for this custom. A) a nut has the numerical value of “chet” (sin) which we want no reminder of during this period of time. B) Just as the roots of a nut should not be covered during planting, so too we should not cover up our sins. C) nuts increase saliva, which may interfere with one’s concentration during davening. D) a nut does not get dirty when it is rolled in the dirt, as it is protected by the shell. So too, Klal

1 חיי אדם כלל קלח ס”ה.2 שו”ע סי’ תקפא ס”ב, מ”ב ס”ק טז ומט”א אות לה. ועי’ טור שיש עוד טעם לזה.

3 שו”ע סי’ תקפא ס”ד.

Yisrael are among the non-Jews, but make sure that their insides (neshama) does not get dirty. Peanuts are not included in this restriction. One who follows this custom may cook with nuts if they are not recognizable in the dish, and should avoid making or eating cake that has recognizable nuts sprinkled on or in it.

Â Some refrain from borscht due to its vinegar content. [Vinegar may be added to a salad if it gives a pleasant taste to the salad.4]

Â Some refrain from pickles and strong mustard.

Â Some refrain from chrain (horseradish) during these times.

Â Many refrain from eating bitter tasting foods.5

Â Seasoning and spices are permitted.6

Â Some avoid grapes during this time,7 while others limit the custom to black grapes.8

ENDNOTE

Every year I am inundated with people asking about the various foods that were prepared by their spouses for Yom Tov, such as cakes made with nuts etc. I normally respond in the following manner; many of the above issues are in order to avoid any sort of hint to the word ‘chet’ – sin. But more importantly of all, let us remember ‘chet’ itself is also the numerical value of chet, and must be extra sensitive not to hurt someone else’s feelings during this time of year, as the start of the year represents what the rest of the year may look like.

The Torah (Bamidbar 29:1) refers to Rosh Hashana as Yom Teruah – a day for blowing the shofar. Rebbe Berish of Biala zt”l, said that Yom Teruah can also be translated as “a day for friendship” (from the root re’us), because on Rosh Hashana it is important to increase our love and friendship for our fellow man. The sefarim tell us that it is very difficult for a person to be judged worthy and deserving of a good year only on his own merit. But with unity and ahavas Yisrael, we join together with the meritorious Klal Yisrael, and then there’s a far better chance we’ll be judged favorably.

A sweet new year to all my readers!

4 מקדש ישראל על ימים נוראים עמ’ קו.5 מטה אפרים, ערוה”ש ס”ג.

6 ערוה”ש.7 מעשה רב להגר”א, בן איש חי פ’ נצבים.

8 עי’ כף החיים ס”ק כב.

Quiz

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s 1 Rashi (29:9) brings that Parshas Nitzovim was said on the day of Moshe's death - namely the 7th of Adar.

2 The Ohr Hachaim (29:11) brings that this additional bris of Nitzovim was in order to bring the idea of Arvus. Not only is everyone liable for their own actions but now they are also responsible for each others' actions.

3 It is the words of "Lonu Ulvoveinu" (29:28). These words come to teach us that for sins committed openly all Jews are responsible and are required to punish the sinners appropriately. The dots on these words minimize this obligation to only starting after crossing the Yarden into Eretz Yisroel.

4 The Baal Haturim (30:6) points out that it is alluded to in the pesukim that discuss teshuva in the first letters of the words את לבבך ואת לבב.

5 Perhaps this is because we are required to hear the toichocha of Parshas Ki Sovoi before Rosh Hashana to end the curses with the year

(Gemora Megilla 31b). Yet, we have another parsha of Nitzovim before Rosh Hashana? Rashi (29:12) brings Midrash Agada that the Jews were scared when they heard this rebuke and therefore Moshe with Parshas Nitzovim came to comfort them (before the end of the year).

6 We find this possuk quoted many times in the Gemora (e.g. Bava Metzia 59b) to express that even if there are proofs or halachos that are said in Heaven they can be overridden with the final determining words by the Rabbis in this world.

7 There are forty pesukim and the siman is levovoi. Perhaps this is to allude to this time of year where we have the forty days of Yimei Rotzoin when Moshe went up to the mountain to get the second Luchos. Levovoi meaning his heart alludes to the cause of sin is found in the heart and this needs to be rectified. (This is why we hit our hearts when we say that we have sinned.)

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PAR

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AHParshas Nitzavim

Rabbi Zev Leff Rav of Moshav Matityahu

Please could you ensure that there are ample sheets left in shuls for Shabbos before taking one home — as there have been few left in shuls.

Please Dispose Of This Sheet Appropriately As It Contains Words Of Torah

Rabbi Zev Leff needs our Tefillohs.

Please daven for הרב זאב יעקבמשה בן חיה

Do Not Separate Yourself from the Community

Today you are all standing before Hashem your G-d (Devarim 29-:9).

After the ninety-eight curses that Bnei Yisrael heard at the end of Ki Savo, they were devastated and questioned whether they could possibly withstand such terrible punishments. Moshe Rabbeinu encouraged them with the opening words of this week's parashah: - Today you are all standing." Although you have sinned many times, all of you still stand today before Hashem.

Was Moshe trying to minimize the severity of the Divine reproof or imply that it was only a threat that would not be carried out? Furthermore, how could Moshe say that all were alive and well despite their sins, when in fact tens of thousands had perished in the Desert?

Rather Moshe's intention was to assure the Jewish people that the purpose of the curses was not to wreak vengeance on them for their sins, but to insure their survival as a nation. And, therefore he told them collectively - kulchem

- you still stand today. After all the sins and all the punishments , the tzibbur (community) is eternal. The concept of death does not exist with respect to the community. Those who perished died not as individuals, but as a part of Knesses Yisrael, which is eternal, and therefore they still survive.

Conversely, one who separates himself from the community and says, - I will do as I see fit," will not be forgiven and will be utterly destroyed. Our relationship to Hashem is only through the tzibbur. The Torah was not given to individuals; nor were the covenants made with individuals. Our relationship to Hashem is as members of Knesses Yisrael. Rambam (Hilchos Teshuvah 3:24) classifiers an apikores(heretic) as one who keeps all the mitzvos but separates himself from the Jewish people. Without a link to Klal Yisrael, there can be no link to Hashem and Torah.

Hillel taught (Pirkei Avos 2:5): "Do not separate yourself from the community." The Mishnah then continues with what seems on the surface to be additional, unrelated teachings of Hillel. However, a surface to be additional, unrelated teachings of Hillel. However, a deeper study of the Mishnah reveals that they are in fact the rebuttal of various arguments for cutting oneself off from the community.

"Do not believe in yourself until the day you die." Do not think that you are strong enough spiritually to function on your own without the supportive community of Torah observers. Do not rely on your apparent spiritual security, for it is never guaranteed.

"Do not judge your fellow until you have reached his place." In your criticism of the other members of the community, don't convince yourself that you would be better off separated from them. Rather judge them favorably and understand the circumstances that generate those actions which offend you. See their good points. Avoid what is negative without separating yourself entirely.

"Do not make a statement that cannot be easily understood on the ground that it will be understood eventually." People are sometimes frustrated that their views and opinions are not accepted by the tzibbur,but one must realize that the fault may lie in his views and not in the tzibbur. Perhaps his opinions are not fit to be heard and accepted.

And finally, "Do not say, 'when I have time I will learn,' for perhaps you will never have time." There ar those who feel that the community responsibilities infringe too greatly on their time and potential for personal development. They therefore conclude that disassociating themselves form communal involvement will give them more time to learn. Never reckon that time can be generated by avoiding a mitzvah. That time might never materialize. Hashem will not permit one to benefit by neglecting his communal responsibilities.

One of the benefits of being part of the klal is that as part of a united entity one's individual failings may be overlooked. Knesses Yisrael is eternal, pure, and holy, and one benefits by strengthening his connection to it. But he cannot reap the benefits from the tzibbur without accepting the concomitant responsibilities. Do not delude yourself that "Lema'an sfos harava es hatzeme'a" - that two adjacent fields are of necessity irrigated together, even though only one of them deserves the water. That is a fantasy.

Although each individual must be concerned with his personal judgment on Rosh Hashanah, as a tzibbur we dress up and eat as a sign of confidence that Hashem will exonerate us as members of the klal. The Ten Days of Repentance are days for intensifying our link to the tzibbur. For that reason, every individual during that period has the same assurance that his entreaties to Hashem will be heard that the tzibbur does year round. During those days the individual and the tzibbur become one.

Thus, the shaliach tzibbur on Rosh Hashanah is granted a special power to represent every individual, even those who are proficient in prayer, and therefore not included in the shaliach tzibbur's prayers the rest of the year.

Elisha offered to pray for the childless Shunamite woman on Rosh Hashanah. But she responded, "I dwell amongst my nation." Rabbi Chaim Shmulevitz explains her response: "Don't single me out, for the power of the tzibbur is greater even than the prayer of G-d's chosen prophet."

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Oneg Nitzavim