Archive for the ‘Chiddushei Harim’ Category

 ב. וְהָיָה אִם בִּן הַכּוֹת הָרָשָׁע וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר . 

‘and it shall be, if the guilty one has incurred [the penalty of] lashes, that the judge shall make him lean over and flog him in front of him, commensurate with his crime, in number.’

ג. אַרְבָּעִים יַכֶּנּוּ לֹא יֹסִיף פֶּן יֹסִיף לְהַכֹּתוֹ עַל אֵלֶּה מַכָּה רַבָּה וְנִקְלָה אָחִיךָ לְעֵינֶיךָ

‘He shall flog him with forty [lashes]; he shall not exceed, lest he give him a much more severe flogging than these [forty lashes], and your brother will be degraded before your eyes.’ 

This is the famous parsha of malkos (flogging or lashes).

The  Gemara in Makkos 22a asks “How many times do we flog the receiver? – Because the passuk writes, “be’mispar arboim” (in the number 40) and so we understand that  the number must be close to 40 – therefore we give him 39 strokes.  However, R’Yehuda follows the line of the pasuk and says that he receives 40 strokes for a complete flogging.
When the Chiddushei Ha’rim was young, a man asked him the following question: Is there a chance that one day a person will receive the same amount of lashes according to both R’Yehuda and the Chachomim ?

 The young bochur gave a brilliant answer: A Shliach Beis Din  (someone who works for the Beis Din and carries out the punishments)  transgressed 39 issurim in the Torah and therefore deserved 39 floggings. However, before receiving his punishments, he was still doing his job in Beis Din and was flogging someone else. He gave the person 40 strokes. Now, according to R’Yehuda, who says that a person receives 39 strokes, this Shliach Beis Din has given too many, therefore he has transgressed the issur of  “Lo Yosif Le’hakoso”(in passuk 3), and he now must receive a further set on top of the 39 he deserves already. So, altogether, he is obligated to receive 40 sets of 39 strokes.

According to the Chachomim, who says that a person receives 40 strokes, this Shliach Beis Din has not given too many, and therefore, he is obligated to receive his original 39 floggings, each consisting of 40 strokes. When calculated it works out that 39 floggings times 40 strokes = 40 floggings times 39 strokes; so according to both R’Yehuda and the Chachomim, he receives the same amount.

 Upon hearing this answer, the man was so impressed with the sheer genius of the young man that he took the Chiddushei Harim to be his son-in-law.

On that note – Good Shabbos! 

There is a Mishna in Pirkei Avos (4:28) that says:

רבי אליעזר הקפר אומר, הקנאה והתאווה והכבוד, מוציאין את האדם מן העולם – Rabbi Eliezer said: jealousy, lust and pride removes men from the world.

The Chiddushei Harim explains that the Shalosh Regalim atone for these three. Pesach makes up for תאווה , lust, as we eat לחם עוני , poor man’s bread, which is the basest (and therefore purest?) of all foods, which should theoretically be considered wholly undesirable, and yet it is all we eat for a week, showing how we marginalise our desires, because Hashem asks us to.

Shavuos atones for קנאה , jealousy, as we say that the Torah was given בעין טוב , with a good eye, as opposed to the evil eye, which caused the deaths of R’ Akiva’s students. The submission to keep the Torah shows how the Jews were not looking at what they could get from others, as this was a unique opportunity that Hashem had offered them.

Succos atones for כבוד , pride, as it commemorates our reliance on the ענני הכבוד , the clouds Hashem surrounded us with in the desert. This also shows how we are marginalising ourselves, in that we remember our reliance on Hashem, the opposite of pride, whereby someone tries to make out how independent and great he is.

Geshmack!

The Chiddushei Harim (biography here) wonders why Matzah is done in the seder before Maror. Matzah is meant to remember that we were redeemed with such haste that the Jews’ bread did not have time to rise, and  the Maror is meant to remember the bitterness of the slavery. Why don’t we reflect the way events unfolded, and do Maror first, and then appreciate the redemption with Matzah? He explains with a parable.

There was a king who had an only son, the prince. One day, the prince was drunk in the royal court and embarrassed the king greatly, for which he was banished. Day after day, and week after week, the king’s grief at what he’d done – he’d banished his only son! He sent his ministers out into the kingdom to find the prince and bring him back. A minister finds the prince, dishevelled and a wreck, in a barn in the middle of nowhere, with torn clothes and dirt everywhere.  The minister says, “my prince, the king has requested your immediate return to the palace, are you missing anything?”

“You, know, I really miss my jacket, I sold it to buy some food,” says the prince.

What’s the prince talking about?! He’s the PRINCE! He’s missing EVERYTHING – he is living in a barn! His entire life is missing, and he only wants his jacket?

The Chiddushei Harim explains to us the nimshal. We can’t understand how bad the slavery was until we’d experienced redemption. This is simple to understand – if you put your face an inch from this text you can’t read it, you can only see the word right in front of your face. To appreciate something, we need to be away from it. From darkness we understand light, and vice versa. Light is brightest coming in from the dark, and dark is darkest when the lights go out.

We need to start with redemption, as that teaches us that anything but that is what we are really lacking.

The Pasuk says “ וְהִקְטִיר הַכֹּהֵן אֶת הַכֹּל הַמִּזְבֵּחָה עֹלָה אִשֵּׁה רֵיחַ נִיחוֹחַ לה…. - Then, the kohen shall cause to [go up in] smoke all [of the animal] on the altar, as a burnt offering, a fire offering, [with] a pleasing fragrance to the Lord” (1:9)

Rashi explains what a “pleasing fragrance” is

ניחוח: נחת רוח לפני, שאמרתי ונעשה רצוניpleasing: Heb. נִיחוֹחַ [This word stems from the same root as the expression נַחַת רוּחַ, “contentment.” God says: “This sacrifice] gives Me contentment, for I said [My commandment], and My will was fulfilled!”

This leaves us with three questions on the logic in this Rashi.  Why specifically with the Korbanos (sacrifices) are we told that doing Hashem’s will gives a pleasing fragrance? If the mechanics of pleasing Hashem involve doing His will, then, why don’t all mitzvos give off a ’ רֵיחַ נִיחוֹחַ לה – a pleasing fragrance?

Secondly, the sacrifice we are discussing is actually voluntary! If the pleasing fragrance is achieved by doing what Hashem commanded us, why would a voluntary sacrifice please Him, if He didn’t command us to bring it?

The final question is that when Noah offered sacrifices after the Flood, his offerings were called רֵיחַ נִיחוֹחַ לה, but he wasn’t commanded to bring sacrifices either!

We can ask another question on the language used – why does the expression change? It should remain consistent – it should say  שרציתי ונעשה רצוני or שאמרתי ונעשה אמרי – I wanted and My will was done or I said and My words were fulfilled. The language should remain constant, so why does it change?

To get the answer, we need to understand what  רצון – “will” – means. Every morning, women recite the blessing “ שעשני כרצונו – who made me according to His will”. This requires explanation, as clearly, everything exists because G-d wants it to. We know that every second, G-d is sustaining existence just by willing it – so each moment existence is being sustained, this is the same as it being re-created, as it would cease to be the moment this ceased to the case. R’ Tzadok Hakohen (biography here) points out that the word for “thing” in Hebrew – דבר or חפץ -  translate as say or desire – the Hebrew reflects it’s essence; things exist because Hashem desires them to and because He says so.

The Taz (biography here) in Orach Chaim explains that this blessing is praising the positive aspects of being a woman. This is perplexing – what specific aspects of being a woman is the blessing referencing as being more “virtuous” than other aspects of being a woman?

R’ Moshe Shapiro (biography here) tells us that from the Patriarchs, we have חסד, אמת, וגבורה, but what do we have from their wives, the Matriarchs?  Sarah saw that her son was being negatively influenced by Yishmael, and she insisted that her husband send Yishmael and his mother back to the land she came from. Rivka was weary of Esav, and made sure that he did not receive the blessings from Isaac, as he was unworthy, whereas Yakov was righteous. Rachel and Leah both told Yakov it was time to return to Israel after years in Lavan’s house. There is a consistent theme. We say שמע בני מוסר אביך ואל תיתוש תורת אימך-  listen my son, to the advice of your father, and do not forsake the teachings of your mother. It’s a subtle point, but an inherent quality of women is that they preserve the way things ought to be.

We see this when Hashem created the first woman: וַיֹּאמֶרְ הֹ’ אֱ־לֹהִים לֹא טוֹב הֱיוֹת הָאָדָם לְבַדּוֹ אֶעֱשֶׂה לּוֹ עֵזֶר כְּנֶגְדּוֹ – And the Lord God said, “It is not good that man is alone; I shall make him a helpmate opposite him.”

on which Rashi says: עזר כנגדו: זכה עזר, לא זכה כנגדו להלחם – a helpmate opposite him: If he is righteous, she will be a helpmate. If he is not worthy, she will be against him, to fight him (ie to return him to righteousness).

This essentially means that Eve was created to prevent a state of לֹא טוֹב. There is a novel explanation of this. If Adam had no “other” people would say G-d is not the only one, Adam was also only one of a kind! So he needed a mate to show he was fallible, so literally, our wives remind us we are not G-d! The Chiddushei Harim (biography here)writes that the only two you can’t bluff are G-d, and your wife.

But we see that the point of Creation was for the רצון ה , that Hashem wanted people to receive the Torah, and that the woman was created to preserve His רצון, literally, שעשני כרצונו , “I was created to preserve His will”.

Now that we understand what רצון means, we can see why Rashi said ונעשה רצוני. G-d created the world by saying it should (ברוך שאמר והיה העולם) and by doing His will, the world is becoming a מקום עבודת ה – a place for service of Hashem. This means the world is fulfilling its purpose (This is actually a Rashi in Zevachim (2b)). As such, it is clear that only by bringing sacrifices can we say it is a pleasing fragrance to Hashem, as the only thing called עבודה is the Korbanos! This explains why a voluntary sacrifice is also included, and therefore Noah’s too! The Medrash Rabba points out that since no idol worship existed when Noah offered his sacrifices, his was the most pleasant of all.

 

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