Parashas Devarim
4 Av 5769
July 25, 2009

Daf Yomi: Bava Metzia 91

Guest Author:
Rabbi Chaim Komendant
Young Israel of Oak Park, MI

Probably the most difficult Shabbos of the year is the Shabbos that precedes the fast of Tisha B'Av. The special name of this Shabbas is Shabbos Chazon, based upon the first word of this week's Haftorah, taken from the Book of Isaiah (Chapter 1 verse 1). The tune associated with this Haftorah is that of Eicah and not the regular tune that is sung during the rest of the year. The mournful tune of this Haftorah and the Minhag of certain communities to sing L'Cha Dodi to the tune of Keli Tzion (another mourning tune sung at the conclusion of the Tisha B'Av service) sets the tone of this Shabbos and for the period leading up to Tisha B'Av.  The question is simply. Why?

 

The Shulchan Aruch (Siman 284, Sif 1) explains that the Haftorah will be based upon the subject matter of the weekly Torah reading or the last subject matter read. The Aruch HaShulchan explains that during the time of Syrian-Greek persecution when the Torah was outlawed, the Sages of that generation instituted reading from the Prophets so that the subject matter of the weekly Parasha would be discussed. When the persecution period ended, the custom of reading the Haftorah has continued to this very day.

 

Isaiah lived and prophesied during the reign of Uzziah, Yosam, Achaz, and Chezkiyahu. This was approximately 100 years before the destruction of the First Temple. He decried the sins of the king and the people and predicted the destruction of the First Temple and the government because of their failing to adhere to the Torah. Where do we find such admonition in this week's Parsha?

 

The Lutzker Rav,  Rabbi Zalman Sorotzkin ZT'L, in his commentary on this week's Parsha, makes an interesting observation. The beginning of Sifrei Shemos, Vayikra and Bamidbar all begin with a Vav. Shemos begins V'Elah Shemos, Vayikra begins Vayikra, and Bamidbar begins Vayidaber. The V'av signifies that each Sefer is connected to the previous one which ultimately joins it to Sefer Bereishis. However, Devarim begins Eleh Hadevarim, which signifies that it is its own Sefer. The Lutzker Rav further explains that the reason that this is so is that Sefer Devarim is filled with many warnings. Prior to his death, Moshe Rabeinu teaches many commandments to B'nei Yisrael before we entered Eretz Yisrael. For this reason the name of Mishnah Torah or the teaching of the Torah is applied to Sefer Devarim. However, where do we find the admonition that would be so applicable to the theme of this week's Parsha?

 

It is interesting to note that devarim begins with the word Eleh. This words means "these are." Again, the Lutzker Rav notes that the opening two words of Eleh HaDevarim signifies the warnings that Moshe Rabbeinu spoke to Bnai Yisrael.

 

The Shelah Hakodesh makes an interesting point. When you want to rebuke someone, it is important to know who is giving the  rebuke and in what language that rebuke is being made. The rebuke must come from a Talmid Chacham and from someone that people will listen to. In addition, the person giving the Mussar should not say that you did such and such a thing, but should speak in a general tone.

 

This idea is based upon what Moshe Rabbeinu did in this week's Parsha.  When G-d informed Moshe Rabbeinu that he would die after the war with Midyan, Moshe Rabbeinu requested that he wanted to review the entire Torah with B'nei Yisrael before he died Moshe wanted to clarify any difficulties that may exist and to make sure that B'nei Yisrael was thoroughly familiar with the Laws of the Torah. Prior to Moshe Rabbeinu reviewing the laws of the Torah he wanted to instill the fear of G-d in B'nei Yisrael. His reasoning, according to the Medrash was that if the people did not fear G-d properly, they would not perform the Mitzvos properly. The Midrash, explains that Moshe was hesitant to rebuke B'nei Yisrael.

 

Moshe had good reason to be hesitant. He had been "burnt by the waters of Meriva” when he gave Mussar. Instead of speaking gently to B'nei Yisrael he gave them Mussar and G-d decreed that Moshe die in the Midbar and not enter Eretz Yisrael. Since Moshe had previously been punished when he admonished B'nei Yisrael, he now wondered how he could give them Mussar. There is a three part answer to this question.

 

One, once the B'nei Yisrael were cognizant that Moshe was about to die, they would listen.

 

Two, the people may have thought that prior to conquering Sichon and Og they would be unable to enter Eretz Yisrael and would die in the Midbar.

 

Three, until the conquest of Sichon and Og, there was peace in the camp of B'nei Yisrael and they would not be open to Mussar. Once B'nei Yisrael defeated Sichon and Og, this "peace" did not exist.

 

We see from here that the Parsha and Haftorah of Devarim are joined together. The reprimands and warnings of the Parsha and Haftorah are a true setting for Tisha B'Av. We must all feel that there are improvements that we all need to make in our lives and in our relationships with our fellow man. But we may ask, do we really need to hear these warnings today? We have a homeland! We are not persecuted like our fathers! I respectfully ask - do we have peace in Eretz Yisrael? Are we friendly with our fellow Jew? Is our fellow Jew concerned with us? The most important question is do we have a Beis Hamikdash? Do we perceive G-d's presence in our midst?

 

I remember as a teenager trying to feel the loss of Tisha B'Av. I would go to old Jewish neighborhoods in Brooklyn and see former shuls converted to churches and other uses. I would think of the stories that I heard my parents say about the "Jerusalem of Brownsville." The meaning was we have this beautiful Jewish neighborhood, what more do we need?

 

Today, this neighborhood and other communities around the world formerly inhabited by our people no longer exist. The children of many of these people are unfortunately no longer attached to B'nei Yisrael. I ask myself, do we care about them and what can we do? I then remember the words of Moshe Rabbeinu and Yeshayahu who exhorted us to be true to the Torah and its way of life and know that from Mussar we will find the proper path to fulfill the Mitzvos to their fullest. By taking the Mitzvos and the Torah to heart, we will care about people more, strive harder to come closer to G-d, and, ultimately, bring Mashiach Tzidkeinu. May we merit to fully understand the message of this Shabbos and take to heart the wise council of our Sages.

 

 

Shabbat Shalom!

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THE WEEKLY SIDRA- D’VARIM Rabbi Moshe Greebel      Historically speaking, countless S’farim (texts) of our Rabbanim of blessed memory, have been published through the ages.  Now, the endeavor of publishing, printing, etc. is a human undertaking, and therefore, subject to human error.  And, due to such publishing inaccuracies, there are times when the true meaning of S’farim and M’forshim (commentaries) may become obfuscated.      Discovering the printed error of course, leads to a much fuller and more comprehensive understanding of the subject matter, as we find in this week’s Sidra.         Sefer D’varim is referred to by our Rabbanim as Mishna Torah (repetition of the Torah), and one of the many themes this week’s Sidra recapitulates is that of Dayanim (judges).      As one can certainly imagine, the qualifications for being a Dayan (judge) from the Torah, are very demanding indeed.  All in all, there are seven attributes that each Dayan must possess.  Three of those seven are seen in this week’s Sidra:      “Choose for yourselves wise and understanding men, known among your tribes, and I will make them rulers over you.” (D’varim 1:13)      That is, wise, understanding, and renown are three attributes.  The additional four can be found earlier in the Torah, when Yisro, the father-in-law of Moshe, advised that Batei Din (courts) be established:      “And you shall choose out of all the people able men, such as fear G-d, men of truth, hating unjust gain; and place such over them, to be rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of tens.” (Sh’mos 18:21)      Able men, who fear HaShem, who are of truth, and hate unjust gain complete the seven attributes a Dayan must possess.      Now, the most immediate question that comes to mind, is why did the Torah not list all the seven attributes of a Dayan in one place all together, rather than having them split up between two S’farim (Sh’mos and D’varim)?       In response to this most elementary query, the D’varim section of the Iturei Torah (page 20 in the name of the HaM’lakait), cites the following Midrash in D’varim Rabbah 1- 10, which poses this very question:      “…..And why are not all the seven stated together? To tell us that if men possessing all the seven attributes are not available, then those possessing four are selected; and if such are not available, then those possessing three attributes are selected; and if even these are not available, then those possessing one quality are selected, for so it is written, ‘A woman of valor who can find?’” (Mishlei 31:10)      Hence, the seven attributes of a Dayan are broken up between two S’farim in the Torah, to instruct that even those with less, may serve as Dayanim, if better are unavailable.       Yet, the end of this particular Midrash seems indistinct to a great degree. To illustrate that a Dayan with less than seven of the attributes may still serve, the Passuk (verse) ‘A woman of valor who can find?’ is offered as verification.  What exactly has this ‘woman of valor’ to do with the attributes of a Dayan?  As can be realized, many M’forshim have labored hard to find the relationship between the two concepts, with less than encouraging results.      The HaM’lakait however, draws attention to a most remarkable aspect of this particular Midrash, which is that there is an error in its  Girsa (syntax).  That is, the original Girsa of the Midrash contained an abbreviation:      “…..And if even these are not available, then those possessing one quality are selected, for so it is written Alef, Ches, Mem, Yud (abbreviated letters).”      Now, at some point in history, another publisher thought to substitute the abbreviation with its actual words, which he thought to be ‘Aishes Chayil Mi Yimtza (A woman of valor who can find?).’  This is our current Girsa.      However, claimed the HaM’lakait, this publisher did not realize that the correct reading of the abbreviation was actually ‘Anshei Chayil MiKol Yisroel (Able men from all Yisroel).’  Taking into account this more accurate reading, the Midrash would now appear as:      “…..And if even these are not available, then those possessing one quality are selected, for so it is written ‘Able men from all Yisroel.’”      The reference here, is to the following Passuk:      “And Moshe chose able men from all Yisroel, and made them chiefs over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens.” (Sh’mos 18:25)      That is, even though the Torah listed the seven attributes of a Dayan, the only Dayanim available to Moshe were those who were ‘able men from all Yisroel,’ with none of the other six attributes.  The verification of this Passuk to prove that a Dayan with only one of the seven attributes may still serve, makes the meaning of the Midrash crystal clear.      As has been stated prior, this incorrect Girsa of the Midrash, wherein the publisher misread the abbreviation, remains our version in these times.  Those who subscribe to this mailing however, now have some additional insight into the matter.      May we soon see the G’ulah Sh’laimah in its complete resplendency- and in our times.  Good Shabbos.