Wednesday, March 30, 2022

Celebrating Birthdays – Halachic Analysis

 

Celebrating Birthdays – Halachic Analysis

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[By Rabbi Yair Hoffman for The Five Towns Jewish Times]

This article is written for Miriam L.’s father

Rav Chaim Kanievsky zatzal was once asked an interesting question by a woman who was in need of surgery (Derech Sicha p, 174):  She inquired of the Rav:  “May I delay my surgery so that it can be done on my birthday?”

Where was this question coming from?  Some people are of the opinion that noticing and or celebrating birthdays is not a particularly Jewish action. They note that the only mention we find of birthdays is in regard to the evil Pharoah. While there are opinions that certainly held this, in this article, it will be suggested that not all opinions conform to this view, and that noting someone’s birthday may very well be a Jewish thing to do.

MITZVAH OF VEAHAVTA L’RAYACHA KAMOCHA

We must first realize that there exists a Mitzvah of V’ahavta l’rayacha Kamocha, loving others as we do ourselves. It is always important to make these others realize that we care about them individually and that we genuinely value who they are.  It should not be perfunctory, but real.  What better way to do this than to recognize a birthday?

GEMORAH AND MIDRASH

Now for some other sources.  The Gemorah in Moed Kotton 28a records that Rav Yoseph made a party on the occasion of his 60th birthday.  This was because he had avoided the punishment of Kares.  It is unclear, however, if this can serve as a paradigm for other birthday parties or just for a 60th birthday.

The Midrash Saichel Tov (Bereishis 40:20) brings us a more pertinent source.  The Midrash notes that “most people celebrate that day that they were born and are joyous during this time and hold a party.  The Yerushalmi (Rosh HaShana 3:8) tells us that a person does not quickly fall on his “Yom Ginusiyah.”  Rashi in Bereishis (4:20) explains that Pharoah’s birthday is called “Yom Ginusiyah.”  This Yerushalmi indicates that a birthday is a special day, not just for recognition, but it seems to be an auspicious time to avoid harm.  Rav Tzadok HaKohain (Rsisei Laila Divrei Chalomos-20) writes this explicitly.  The Ben Ish Chai states that some have the custom to make the birthday a kind of “yom Tov” and a Siman Tov – then he adds, “and so we conduct ourselves in our home.”

Yes, the Ben Ish Chai had birthday parties.

Nor was he the only one.  The Ksav Sofer writes in his responsum (Yore Deah Vol. II #148) that he held a fiftieth birthday party.   He writes that he made a special siyum on the tractate Psachim for the occasion.  He states there that his father, the Chsam Sopher, did the same thing – he made a siyum on Chumash with his students on the occasion of his birthday on the 7th of Tishrei – and he gave out coins so they can purchase lachmei chalav (an early prototype of the now ever popular cupcake).  The Chsam Sopher’s own Rebbe, Rav Natan Adler, (See Igros Sofrim p. 83) held a birthday party for his mother on her 80th birthday and invited the whole town!

It says in the biography of the Chofetz Chaim that he held a birthday party on his 90th (or 80th) birthday on 11 Shvat 5688 and finished his manuscript entitled, “Beis Yisroel” for the occasion.  In 1909, on the afternoon of Rosh Chodesh Shvat, on the occasion of Rav Shmuel Salant’s 93rd birthday a party was held at his house right after Chatzos with greetings, celebration and a cake.  Virtually all of Yerushalayim was in attendance including the staff of the Bikur Cholim hospital, the Chevra Kadisha and the BaDatz of Yerushalayim.  The event was reported in the February edition of Chavatzelet p. 235.

In the HaMaayan (Tammuz 5731) the ethical will of Rav Yisroel Lipshitz (1782-1860), the author of the Tiferes Yisroel commentary on the Mishna and the Rav of Danzig, is cited where he tells each member of his family that on the occasion of their birthdays all the siblings should send birthday greetings of Mazal Tov!  He also writes that this custom should not be negated, only if there is absolute emergency should it be curtailed.

INTENTION

Another issue is the intent, the Kavana, of the birthday party and of the greeting.  The intent should be one of Hakaras HaTov to Hashem – thanking Hashem for yet another year of existence.  Let’s not foget that Hakaras HaTov is one of the fundamentals of the Torah way of life.  Why was Adam HaRishon punished during his short sojourn in the Garden of Eden?  Contrary to popular thought – It was not because he ate of the Eitz HaDaas – the forbidden fruit.  Rather, it was his lack of Hakaras HaTov, being someone who expresses gratitude.  How so?  He responded to Hashem, “The woman that You gave me, forced me to eat of the fruit..”  It was for the lack of appreciation for the gift that was Chava that caused the decline of mankind.  Celebrating the birthday out of a sense of Hakaras HaTov would involve very lofty thoughts of Hakaras HaTov – a moral pre-requisite for all the Mitzvos in the Torah.

MUNKATCHER

It is true, however, that the Munkatcher Rebbe (Divrei Torah 5:88) and others too, expressed the view that birthdays are a foreign thing and have no precedent in Judaism.  The Munkatcher Rebbe writes that the reason is because of the notion that, “it is better for a person not to have been born in this world, but now that he is born he should do his duties and serve Hashem..”  Therefore, he concludes, we should not be celebrating birthdays.  If we can rely on the Derech Sicha who cites Rav Chaim Kaniefsky on this issue as well, he was of the opinion that birthdays should not be celebrated either – against our citations from the Chsam Sofer, the Ksav Sofer, the Chofetz Chaim and Rav Shmuel Salant.

What then do we do with all the above sources? There is a Tosfos HaRosh that qualifies this thought (Eiruvin 13b) of “better for a person not to have been born” that it refers only to people whose ways have not been determined that they are destined to perform and do good.  So for evil people a birthday party would be wrong, for regular people who are more good than bad – it is the right and proper thing to do.

CONTRADICTING GEMORAHS

It seems to this author that there exists an argument between the Tosfos HaRosh and the Tosfos in regard to how to resolve the following apparent contradiction:  The Gemorah in Avodah Zarah states, “Let us give thanks to our forefathers for if they did not sin we would never have arrived in this world!”  Yet the Gemorah in Eiruvin states, “better for a person not to have been born.”  These two Gemorahs seem to contradict each other.

TWO DIFFERENT ANSWERS

Tosfos seems to resolve it by stating that the Gemorah in Avodah Zarah refers only to the Tzadikkim.  Tosfos HaRosh seems to learn that the Gemorah in Eiruvin refers only to those who have not chosen the path of good.  The difference between them lies in the regular, average person.

It would seem that those authorities who advocated celebrating birthdays in general would hold like the Tosfos HaRosh, while those who were against it would hold like Tosfos in resolving the contradiction.

Originally published on 5TJT.com all credit goes to Author, TheYeshivaWorld and 5TJT.com

The author can be reached at yairhoffman2@gmail.com

Saturday, March 26, 2022

Pesach 5782

 

Pesach 5782

As mentioned last week, we are digressing from our regular ויבינו במקרא series to focus on Inyana D'yoma.

Dedication opportunities are available in honor of a simcha, yahrzeit, or any other momentous event. Call our office or email us for more information.
ארבע כוסות

This week's sugya discusses the Takana instituted by Chazal to drink four cups of wine at the Pesach seder. We discuss the various reasons for this enactment. We discuss the parameters of this obligation - is it mainly to praise Hashem over a cup of wine, or is it to drink four cups of wine?

Other questions addressed include:
  • Can one be motzee someone else or must each individual have his own kos?
  • Must each kos be drunk at its designated time, or is it sufficient to just drink all four, one after the other?
  • May one use chamar medina for the Arba Kosos?

Also included are discussions and eye-opening teshuvos from gedolim from Brisk, Choslovitz and Warsaw regarding fulfilling the mitzvah of Arba Kosos in light of the severe shortages during WWI.

The timing of many Chaburos this past Sunday coincided with the levaya of the Sar HaTorah, Maran HaGaon Rav Chaim Kanievsky, zt"l. Thus, many Roshei Chabura prefaced their shiur klali with short divrei hesped.

The shiur on the sugya ברכה על ביטול חמץ from Rabbi Avrohom Snyder, rosh chabura of the Zichron Pinchos chabura in Lakewood, has been uploaded to our site - with the first few minutes discussing Rav Chaim's greatness in Torah and Ahavas Yisroel, along with a personal story.
רְעֵבִים לְפַעֲנֵחַ דָּתֶיהָ / פֵּעֲנֵחַ מִדּוֹתֶיהָ
 צְמֵאִים גְּמוֹת חִידוֹתֶיהָ / גַּלֵּה לָהֶם עֵדוֹתֶיהָ
 שֶׁמֶץ דְּגָלִים טַהֵר / מְצָרֵף וּמְטַהֵר 
הֶרֶב לְכַבְּסָם תְּמַהֵר / מֵעִוּוּיָם אוֹתָם לְטַהֵר 
תִּקְרָא כֹהֵן / בְּחַטְּאָךְ בְּאֵזוֹב מִתְכַּהֵן

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Friday, March 25, 2022

Rav Yisroel Apelbaum Shlita – Parshas Shemini - The Ultimate Simcha!


 In this weeks Parsha, Aharons two sons Nadav and Avihu died when they did the Avoda intoxicated. After Aharon silently accepted this great tragedy, the Torah says יַ֣יִן וְשֵׁכָ֞ר אַל־תֵּ֣שְׁתְּ | אַתָּ֣ה | וּבָנֶ֣יךָ אִתָּ֗ךְ בְּבֹֽאֲכֶ֛ם אֶל־אֹ֥הֶל מוֹעֵ֖ד וְלֹ֣א תָמֻ֑תוּ חֻקַּ֥ת עוֹלָ֖ם לְדֹרֹֽתֵיכֶֽםDo not drink wine that will lead to intoxication, neither you nor your sons with you, when you go into the Tent of Meeting, so that you shall not die

The Netziv explains that Aharon was commanded specifically now after He lost His two sons to rise above the occasion and to overcome His sadness and serve Hashem with 100% simcha. Even though a regular Kohen who is an aval may not do the Avoda because He is in pain, since Aharon was the Kohen Gadol and was on such a great spiritual level, Aharon had to bring Himself to a state of 100% simcha and continue to do His Avoda.
Aharon might have thought that wine and beer would bring Him the proper level of simcha that is required to perform the Avoda so Hashem therefore told Him that although wine and beer can bring a person to a certain level of simcha, it won't bring Him to the 100% level of simcha which He is required to have in order to perform His Avoda.

The Pasuk continues and says “וּלְהוֹרֹ֖ת אֶת־בְּנֵ֣י יִשְׂרָאֵ֑ל אֵ֚ת כָּל־הַ֣חֻקִּ֔ים אֲשֶׁ֨ר דִּבֶּ֧ר יְהֹוָ֛ה אֲלֵיהֶ֖ם בְּיַד־משֶֽׁה:” Aharon was instructed to teach the Bnei Yisrael the חֻקִִּ֔ים of the Torah. Hashem was telling Aharon that there is something much greater that will bring him to that level of 100% simcha and that is to throw Himself deep into Torah and to get a deep and clear understanding of the Torah and that will cause Him to completely forget all of His sadness. When a person totally attaches himself to Hashem by properly learning Torah, nothing in the world can bother him, not even his aveilus.

The Gemara in Taanis daf 30 says that a person may not learn Torah on Tisha bav. The Gemara in Moed Kattan daf 15 says that an aval may not learn Torah, even though an aval is allowed to drink wine. The reason is because Torah brings a person 100% true happiness which makes a person forget about the mourning of the Bais Hamikdash and his loved one as opposed to wine which only brings temporary simcha and therefore an aval may drink wine but not learn Torah. If a person completely throws himself deep into his learning and gets a deep understanding of Torah, his whole being will light up with such a great simcha that it can even cause an aval to forget about his sadness. Torah has the power to completely transform and light up our lives!

Rav Dovid Barran zt"l was once walking in Yerushalayim on a cold snowy day and saw someone screaming and dancing in the snow. R' Dovid thought he was some crazy person but when He got closer He saw that it was none other than Rav Shach zt"l! R' Dovid questioned His behavior and Rav Shach explained to Him "I just got out of the Bisker Ravs house from learning with Him and I was so full of simcha that I wanted to express my happiness. Normally I don't express myself in such a way in public even though I always feel such great simcha from my learning since people might think I've gone crazy but today in this Kind of weather I thought that no one was around and I therefore wished to truly express my simcha of the Torah."

If a person understands Torah in a clear way, it will completely transform his entire being and his entire life with uncontrollable simcha. May we be zoche to realize the power that the Torah has and get a proper understanding of the Torah which will lead us to experience the most amazing simcha imaginable which will light up our entire lives!

All credit goes to the Rosh Hayeshiva



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Dovid Weiner
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Insights Parshas Shemini from Yeshiva Beis Moshe Chaim/Talmudic University


Parshas Shemini..............................................................Adar II 5782
Based on the Torah of our Rosh HaYeshiva HaRav Yochanan Zweig
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You Are How You Eat
For I am Hashem that lifted you out of the land of Egypt, to be your God […] (11:45).
 
The last forty seven verses in this week’s parsha describe with intricate detail the laws of kashrus as it relates to the different animals, birds, and fish that may be eaten. The Torah also specifically prohibits certain animals and birds from being consumed. Additionally, the Torah excludes from consumption an entire group of animals that are disgusting to eat because they creep on the ground and consuming them would be “abominable” (11:43).

The Torah then gives the reason for all these laws of kashrus: “For I am Hashem that lifted you out of the land of Egypt, to be your God […]” (11:45). Rashi on this possuk quotes the Talmud (Bava Metzia 61b), which explains why the Torah uses such unusual language here.

Rav Chanina asked Ravina, why is it that everywhere in the Torah it says, “I am Hashem that took you out of Egypt” but here it says, “For I am Hashem that lifted you out of the land of Egypt”? The Gemara answers that not eating these lowly animals elevates a person, thus the Torah uses the language that Hashem “lifted” the Jewish people out of Egypt because this very commitment elevates us.

In fact, this concept, that keeping the laws of kashrus raises us up, really applies to all the mitzvos. In other words, Hashem took us out of Egypt to give us the Torah and we should keep His mitzvos so that we can grow and be elevated. But why is this statement made specifically by the laws of kashrus?

The Talmud (Yoma 75b) relates a fascinating (and for some reason little known) fact: “Rav Acha Bar Yaakov said, ‘In the beginning the Jewish people were like chickens pecking at the garbage continuously until Moshe Rabbeinu came along and established meal times for them.’”

This is quite remarkable on many levels; first of all what is this comparison to chickens eating garbage? Secondly, why is this so important that Moshe felt that he had to come along and change how people eat?

Maimonides, in his introduction to Pirkei Avos, discusses the issue of whether it is better to want to sin but refrain because Hashem commanded us not to, or rather to not even desire to sin to begin with. He concludes that there are two types of sins, those that are moral/ethical issues (e.g. stealing) and those that we don’t really understand (e.g. kashrus). He continues, those that are moral issues we shouldn’t even desire to sin by and those that are unknowable decrees from Hashem we should desire to transgress but exert an effort to control ourselves.

Controlling one’s food intake is one of the hardest ongoing challenges in many people’s lives. The drive to just consume whatever they desire stems from many parts of one’s psyche; a person may desire as much pleasure as possible or a person may binge to drown out emotional distress or other issues. One of the hardest parts of being on a diet is that one has to eat to live; it isn’t like smoking or a drug addiction where the vice can be entirely eliminated.

Thus, every time we decide what and how much to eat we need to exercise restraint and self-control. This effort is what highlights the difference between man and the animal kingdom. Man becoming restrained and in control of his desires is what truly elevates mankind and puts him in touch with his elevated soul. It is no coincidence that the original sin of Adam Harishon came through eating and permanently lowered mankind into physical beings by introducing death to the world (see next article).

This is why Bnei Yisroel were compared to chickens eating garbage – a lower animal doesn’t really care if it resorts to eating refuse, but people understand that it is beneath one’s dignity as humans to behave that way. This is why it was so important that Moshe felt it necessary to teach the Jewish people how to eat; it was a lesson that we are elevated beings not merely rational animals and therefore we need to always be in control. This is also why the laws of kashrus highlight the entirety of the Torah’s intent – to grow as humans and elevate ourselves to be God-like by exerting self-restraint.

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Moshe’s Ark
Hashem spoke to Moshe and Aharon saying: Speak to Bnei Yisroel and they shall take to you a perfectly red cow […] (19:1-2).
 
This week we read one of the four “special” parshios – Parshas Parah – the description of the mitzvah of the Parah Adumah. The ashes of the Parah Adumah, an extremely rare perfectly red cow, would be used in the process of purifying those who had come into contact with the dead. This is read specifically at this time of year because everyone needed to be purified in order to partake in the Pascal Lamb.

In this possuk, Rashi (ad loc) is bothered by the term “to you,” which is in the singular even though Hashem was addressing both Moshe and Aharon. He goes on to explain that the Parah Adumah was a mitzvah that would always be referred to as the cow that Moshe prepared in the desert. In other words, this mitzvah is permanently associated with Moshe Rabbeinu.

What exactly does this mean? While it is true that Moshe organized the procedure of the one that was done in the desert, why would a Parah Adumah done a thousand years later still be referred to as Moshe’s? How did Moshe come to acquire the naming rights to the Parah Adumah and why this mitzvah more than any other?

Rashi, in his addendum to the end of the section describing the Parah Adumah, describes ten similarities between the processing of the Parah Adumah and the sin of the golden calf. In other words, the Parah Adumah is meant as an atonement for the sin of the golden calf. How does this dovetail with the main purpose of the Parah Adumah, that of purifying those that have come into contact with a dead person?

The Gemara (Shabbos 146a) informs us that death left the world when Hashem gave the Torah on Har Sinai to Bnei Yisroel. Death was introduced into the world when Adam sinned by eating from the Tree of Knowledge. In other words, Bnei Yisroel accepting the Torah was a rectification of Adam’s sin and therefore death left the world. The Gemara continues; when Bnei Yisroel sinned by the golden calf death returned. In fact, Hashem had proclaimed a death sentence on the entire Jewish people.

Moshe was the only one not included in the death sentence of the golden calf. Actually, Hashem made an offer to Moshe that he would rebuild the Jewish people solely from Moshe, which he refused. Instead, Moshe pleaded on behalf of Bnei Yisroel that Hashem should spare them. Hashem relented and, in fact, taught Moshe the process of achieving forgiveness by reciting the Thirteen Attributes of Mercy that we have incorporated into the Yom Kippur davening.

The Parah Adumah, whose actual purpose is to remove the defilement that comes from being in contact with a dead person, is therefore an atonement on the sin of the golden calf, which was the cause of death returning to the world. This explains why Moshe is forevermore credited with the mitzvah of Parah Adumah; it was he who pleaded with Hashem not to destroy Bnei Yisroel after the sin of the golden calf. The Parah Adumah, in effect, serves the exact function that Moshe accomplished when he prevailed upon Hashem to spare Bnei Yisroel. Having Moshe’s name attached to the mitzvah is the very definition of the purpose of the Parah Adumah.
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Parsha Breaks are short Divrei Torah (generally 5-7 minutes long) given by the Rosh HaYeshiva between Mincha and Ma'ariv at one of the Yeshiva's daily minyanim. These links can easily be downloaded on your smartphone.
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