Shiurim This week










Rabbi Rosner                                           Rabbi Goldvicht


















        Rabbi Wallerstein                    Rabbi Rietti                            Rabbi Finer
Harav Osher Weiss weekly Shiur







H' Osher Weiss's  Shiur on Parshas

CLICK and Go to File in Sedra Folder
THIS WEEKS DVAR TORAH
click
www.merkazhatorah.org
World Wide
Zmanim
THIS WEEKS
DVAR TORAH
Click here for more
Parsha Insights  
http://halachafortoday.com/archivesADARrview5771.aspx
  Rabbi Reisman -Techeles_Hachodosh


http://www.yutorah.org/lectures/lectu
re.cfm/762092/Rabbi_Aryeh_Lebowitz/
Ten_Minute_Halacha_-_Techeiles:_A_
Response_to_Rabbi_Reisman
Torah for me
Parshat Beshalach: Gaza seen as quickest path to war
Parshas Beshalach
 11 Sheva,t 5772 |Feb.4, 2012Like us on Facebook
top Parsha Partner banner

Parsha Perspectives 

 

Rabbi Z. Sklar

 

ולא נחם אלקים דרך ארץ פלשתים כי קרוב הוא כי אמר... פן ינחם העם בראתם מלחמה ושבו מצרימה

 

"G-d did not lead them by way of the land of the Philistines, because it was near. For G-d said, 'Perhaps the people will reconsider when they see war, and they will return to Egypt' (Exodus 13:17).


How many of us have made New Year's resolutions that have long been forgotten? We pledged to go on a diet and finally lose those 20 extra pounds, or resolved to develop a better relationship with our spouse/child/co-worker/friend. Yet, after only a few short days, weeks, or (if we're lucky) months, our resolve is gone. Suddenly, we're back to eating the white flour and fatty foods. We again treat the ones close to us in a manner that is not always ideal. Are we really horrible people who don't want to change? No, we are the victims of habit. To change something intrinsic within ourselves, we need to do something drastic and break free from ingrained practices. 

 

 

  

READ MORE 

A Question for the Rabbis

By Rabbi Mordechai Becher

 

Rabbi Menachem Mendel Kasher (Hatekufah Hagedolah), was asked if there is an obligation to thank G-d for miracles that He performs for us today (e.g. Six-Day War), and if so, what is the source for this obligation? Rabbi Kasher cites the Torah portion this week, when the Jewish people burst into a song of praise to G-d at the parting of the Red Sea. The verse states, "Then Moses and the Children of Israel sang this song to G-d, and they said, to say" (Exodus 15:1). The Jerusalem Talmud (Sotah 5:6) asks, what is the significance of the words "to say"? The Talmud answers that this teaches us that we should sing a song of praise to G-d not just for this miracle, but for every miracle that G-d performs for the Jews throughout the generations (Korban Haeidah, ad loc). He also quotes the Midrash Rabbah (Exodus 23:12): "They said, to say - that we should tell our children, and our children's children, that they should say before You a song like this, when You do miracles for them."

HEY, I never knew that! 

By Rabbi Mordechai Becher

 

"And the Jewish people came out of Egypt armed - חמושים- chamushim."The word chamushim, although usually translated as "armed," is related to the word chamesh - five. Some commentaries say that only one in five Jews left Egypt, while the other four-fifths either died or assimilated (Rashi and Midrash). Targum Yonatan ben Uziel writes that each Jew left with five children. Rabbi Yosef Zundel Misalant combined all the interpretations together to explain that the four-fifths left behind were all adults, but their children did indeed come out of Egypt. Each family of the remaining one-fifth adopted four sets of children, so that each family came out not with five children, but with five sets of children, one of their own, and four adopted. According to Rabbi Yosef Zundel, the meaning of armed is that the Jews were "armed" with the tremendous merit of their kindness towards these children.

 

       
Look Who Made Partner  



Riki Grun

Brooklyn, NY (45,271)

Joel Slovin

Southborough, MA

Mallory Caplan

East Brunswick, NJ

Daphne Stern

Woodmere, NY

Parela Dunoff

Passaic, NJ

Daniel Savitt

Nav Nuys, CA

Sara Landesman

Beit Shemesh, Israel

Chaya Sara Braun

Monsey, NY

Making Partner has never

been this easy!

 

or call 1-800-STUDY-4-2

 

PP  click to download PDF 
Word of the Week 

By Rabbi Mordechai Becher 

 
 
 מן
מן - mahn - manna is the name the Jews in the desert gave to the miraculous bread that descended from heaven. The verse states, "And each man said to his friend, 'It is mahn - מן because they didn't know what it was' " (Exodus 16:15). Targum Onkelos translates mahn as manah - מנא - "what is it?" Rashi understands it to mean "a food ingredient or preparation of food." Rashbam points out that mahn is actually the Egyptian term for "what." (According to Rabbi Aryeh Kaplan, the Egyptian is ma nu, which sounds similar to the verse, "Man hu"). Radak (Sefer Hashorashim) relates it to the word manah - מנה, which means "a gift."
 
 

Table Talk

By Rabbi Yoav Druyan

 

After witnessing the crumbling of his empire and the decimation of his people by G-d's plagues, the Torah states that "Pharaoh released the Jews." Upon leaving Egypt, G-d did not direct them in the most direct route to the Promised Land, but rather brought them via a more circuitous route. G-d's reasoning is clearly spelled out in the Torah: the people might see a battle while traveling through the land of the Philistines and regret their hasty departure from Egypt and seek to return there (Exodus 13:17).  

 

1) Pharaoh only let the Jews go because of the terrible plagues G-d wrought, not from any altruistic motives. Why might the Torah credit Pharaoh for having sent the nation out, when clearly it was G-d's Divine hand that caused Pharaoh to release the Jews?

 

2)The reason given for why G-d took the Jews through a circuitous route is to avoid exposing them to the Philistines who were sure to engage them in battle. G-d could certainly have ensured their safe passage through the land of the Philistines. How then can we understand the explanation given for taking them the long way around?

 

3) G-d's reasoning is generally not spelled out in the Torah. Why might the Torah deviate here from the norm and specify why G-d chose the roundabout route?

 


credits

Rabbi Eli Gewirtz, National Director 

Mrs. Shoshana Schwartz, Editor

Rabbi Mordechai Becher, Contributor

 

For information call 800-STUDY-4-2 

email info@partnersintorah.org  

Distributed in UK by Phone and Learn (PAL) a Division of Partners in Torah  WWW.PHONEANDLEARN.ORG 0800 055 3276 

STUDY ANY JEWISH TOPIC OVER THE PHONE OR IN PERSON WITH A KNOWLEDGABLE CAREFULLY SELECTED TORAH TRAINER

 

Save 20%

Partners in Torah Special! 
Save 20% on all Artscroll Titles

Click here: Artscroll.com/pit20 to receive a discount

 

Save 15%

Partners in Torah Special! 
Save 15% on all Feldheim Titles

Click here: Feldheim.com to receive a discount
This email was sent to hilly@la-community.org by info@partnersintorah.org |  
Partners in Torah | 228 Aycrigg Avenue | Passaic | NJ | 07055
The Journal of Talmudic Law & Finance
In this Issue:

Parsha Connection

Choshen Mishpat Chiddush

Worthy Dayanim

Feature Article:

Halachic Qualifications of a Judge

Now Available- Sefer Shemos. 5 Free CD's with Bais HaVaad Membership.
Click here for this week's print friendly version. Print it out and share it with your friends!
Borrowing? Guaranteeing? Co-signing a loan or lease? Consult with the Bais HaVaad Ribbis Division at 1.888.485.VAAD(8223). Or Click Here
pp
~ PARSHAS YISRO ~

The Criteria of a Dayan

This week's parsha discusses Yisro's visit to Bnei Yisroel in the desert. During this visit Yisro noticed that Moshe Rabbeinu was acting as the sole judge and arbitrator of monetary disputes, and he advised Moshe to appoint more judges to serve Bnei Yisroel. He also suggested what the criteria for choosing the judges should be. Feature Shiur: The Criteria of a Dayan. By Rav Yosef Greenwald He advised choosing "G-d-fearing men, men of truth, and people who despise money." From here, along with a verse in Parshas Devarim, the Rambam (Hilchos Sanhedrin 2:7) derives a total of seven qualities that one must have in order to serve as a judge. Thus, the Shulchan Aruch (CM 7:11) rules that when choosing a Dayan to serve on a Beis Din, one must take care to appoint a person who possesses these seven attributes.

This week's journal will focus on the practical applications of this halachah.

Click here to listen to this week's feature audio shiur by Rav Dovid Cohen,

The Criteria of a Dayan

cm-chiddush

Worthy Dayanim

Before agreeing to sit on a Beis Din panel to adjudicate financial disputes, a Dayan must ensure that the other two Dayanim with whom he will be sitting are suitable and worthy for the position. Not only may he not sit together with someone he knows for a fact is a Rasha - a wicked person - but under certain circumstances, he may not even sit with someone about whom he simply knows no negative information, unless he knows for a fact that this man is righteous and worthy of being a Dayan.

Click here for an in depth analysis.
pp
Feature Article: Halachic Qualifications of a Judge

Halachic Qualifications of a Judge

By Rabbi Yehoshua Grunwald

Character Traits

The Ramban[1] and other rishonim state that although we no longer have rabbis capable of serving on the Sanhedrin, nevertheless, we still have a rabbinic obligation to appoint judges and to ensure that there is a three-judge Beis Din in every Jewish city. The Rambam[2] and Shulchan Aruch[3]explain that although judges that serve on a three-judge Beis Din need not meet the same criteria as judges on the Sanhedrin, nevertheless, they must fit the following seven criteria. They must be wise, humble, G-d fearing, unmoved by money, lovers of truth, beloved by all, and possessors of a good name.


Related Videos
The Bais Din Process
OU Choshen Mishpat Series
By Rav Dovid Cohen
Related Audios
The Bais Din Process
Rav Dovid Cohen

The commentators add explanations to each of these traits. For example:

  1. Wise - According to the Mabit[4] this refers to familiarity of Torah wisdom. According to the Bach[5] this refers to human intellect.
  2. Humble - The Lechem Mishneh explains that this includes having the quality of patience and tolerance.
  3. G-d Fearing - The Maharshdam[6] notes that this criterion is even more essential than knowledge of Torah law.
  4. Unmoved by Money - This refers to people who aren't obsessive over their own monetary losses, nor do they constantly chase after every opportunity to earn money.
  5. Lovers of Truth - This refers to those who constantly search for the truth out of their own ethical belief.
  6. Beloved by All - This refers to those who always look at others with a good eye and are friendly with all.
  7. Possessors of a Good Name - This refers to people who are known for being meticulous in their performance of mitzvos, and are not known for ever committing any sin.

Level of Knowledge

The Shulchan Aruch[7] states that aside from these criteria of character traits, the judges must also be knowledgeable in the Torah's monetary laws. They must be knowledgeable enough that if someone would explain them the correct law they would comprehend it. Our sages reasoned that if all three judges are on this level then at least one of them will be knowledgeable and know the correct law. However, although this level is acceptable b'dieved (lit. post facto), nevertheless, when we appoint judges for a permanent position we must try our best to find the most knowledgeable and most expert judges possible. In fact, there is a prohibition against appointing an unfit person to serve as a judge[8], which includes appointing a judge that is not quite fit for the job, when better judges are available.

The Chida (quoted in Pischei Teshuva[9]) writes that the abovementioned character traits are only recommended, but where people with such qualities can't be found we can appoint judges that lack these qualities. Interestingly, the Chazon Ish[10], though, compares the requisite character traits to that of knowledge in Torah law. He writes, that just as with regards to the qualification of knowledge it suffices that if someone would explain them the correct law they would comprehend it, so too, with regards to the other qualifications, it suffices that they simply do not conduct themselves contrary to any of these qualities. Similarly, the Mabit[11] compares these qualities to the requirement for knowledge of Torah. He writes that just as with regards to Torah knowledge it suffices if at least one of them knows the halacha, so too, it suffices if at least one of them possesses all seven of the other character traits.

Additional Qualifications

We also find many more criteria that are required for a judge. If he is a sinner he is disqualified. If he is a relative, close friend, or enemy of either of the parties or even of another judge on the case he is disqualified to judge on that case. He also can't be in a position of possibly benefitting from the outcome of the case that he is judging. He must be over thirteen years of age, and according to some opinions, at least eighteen years of age. And finally, a convert is disqualified to be a judge in most situations.

Acceptance of a Disqualified Judge

Anyone missing any or all of the aforementioned qualifications can nevertheless serve as a judge for monetary laws if all the involved parties agree. They can do so by signing a shtar berurin accepting that person/s as a judge notwithstanding his qualifications. However, a non-qualified person may not serve as a judge in a Beis Din to issue a hazmana or a heter arkaos. Additionally, once the plaintiff has a Beis Din send a hazmana to the defendant, the defendant may not excuse himself from going to that Beis Din by requesting to use a Beis Din that consists of one or more non-qualified judges.


[1] Devarim 16:18.

[2] Hilchot Sanhedrin 2:7.

[3] CM 7:11.

[4] Vol. 1 siman 280.

[5]CM 7.

[6] YD 161

[7] CM 3

[8] CM 8:1. See also Mishpitei Tzedek ad loc.

[9] CM 7

[10] EH 101:18

[11] ibid.


* * *
To dedicate an issue of the Journal or for other dedication opportunities, please contact the Bais HaVaad at info@baishavaad.com

Join Our Mailing List
Rabbi Wienreb