Sunday, February 19, 2023

Double Jeopardy

 נקי וצדיק אל תהרוג כי לא אצדיק רשע

This is a prohibition against double jeopardy meaning that once a defendant is found innocent he cannot be tried again. the Pasuk  can be explained as saying that it is unfair to try someone twice if he was found innocent the first time. Justice needs balance. If one is found guilty and after he is found guilty the court follows through on the punishment e.g. if he is put to death, there is no second chance for that defendant and even if he is exonerated at a later date there is no recourse. Being that that is the case for someone who is found guilty that has to be the case for someone who is found innocent too. You cannot have the possibility of double jeopardy on one side and not the other. That is what the Pasuk is saying. 

נקי וצדיק אל תהרוג - The court cannot judge an innocent man-innocent in the sense that he was already found innocent in court, The reason for this is:

כי לא אצדיק רשע- If someone was found guilty he has no recourse (after being punished) to be tried again and found innocent. 

justice needs balance and if a guilty man has no recourse then an innocent man should not be worse off..

Wednesday, January 04, 2023

Sodom and Dor Hamabul

 it says that sdom was "kula mashkeh" they had great natural resources. the meforshim say that they were also on a trade route. Meaning that they had the best of both worlds having their own bounty of natural resources on one hand but also the ability to trade and acquire from other countries. Usually countries have one or the other. They might have great wealth but need to import crops from agricultural countries or vice versa. Sdom had both. They had immense wealth and the highest standard of living. That is why Lot chose to leave Avraham and go to Sdom rather than any other country. The Gemara in Sanhedrin 109:A says that the people of Sdom became arrogant because of the great wealth that God bestowed upon them. 


There are many Gemaros and Chazal's describing the wickedness of Sdom. I would like to study some of these to see if we can come up with a pattern for their behaviour. What was the root of Sdom's wickedness? We find that the first Bais Hamikdash was destroyed because Klal Yisrael had violated the three big avairos. We also know that the second bais Hamikdash was destroyed because of Sinas Chinam. There is usually a pattern to a behaviour that is based on some root cause on a bad Midah, in this case a mida so bad that God felt the need to destroy the whole country completely becasue they seemingly had no chance of redemption. 

On a side note: The psukim in Parshas Lech Lecha state as follows:

וישא-לוֹט אֶת-עֵינָיו וַיַּרְא אֶת-כָּל-כִּכַּר הַיַּרְדֵּן כִּי כֻלָּהּ מַשְׁקֶה לִפְנֵי שַׁחֵת יְהֹוָה אֶת-סְדֹם וְאֶת-עֲמֹרָה כְּגַן-יְהוָֹה כְּאֶרֶץ מִצְרַיִם בֹּאֲכָה צֹעַר:
יא וַיִּבְחַר-לוֹ לוֹט אֵת כָּל-כִּכַּר הַיַּרְדֵּן וַיִּסַּע לוֹט מִקֶּדֶם וַיִּפָּרְדוּ אִישׁ מֵעַל אָחִיו:
יב אַבְרָם יָשַׁב בְּאֶרֶץ-כְּנָעַן וְלוֹט יָשַׁב בְּעָרֵי הַכִּכָּר וַיֶּאֱהַל עַד-סְדֹם


Rashi brings a medrash which is a gemara in  Horiyus 10:b that states as follows regarding Lot's intention:

דורשה לגנאי, על שהיו שטופי זימה בחר לו לוט בשכונתם 

Lot really liked the Sodomites behavior and that is why he chose Sdom. The question is why not take the pasuk literally? It seems to have been well known that Sdom was a nation with great wealth (chazal say that they had great natural resources). Why do Chaza'l assume an ulterior motive?

The explanation is that  there is פרדס in Torah (pshat remez, drush, sod). This is instrinctly built into the basic structure of the Torah. The klal we were mekabel from Chaza'l is 
הסתכל באורייתא וברא עלמא

The Torah is the blueprint for the world. If the blueprint has פרדס built into it then the actual structure has to reflect that.   In Seforim it is mentioned that PARDES is "Keneged NARNN" There is PARDES in every man. Man is know as "OLAM KATAN". There is פרדס in every man whether he realizes it or not. . Just as we can only see Pshat if we look at the surface of the Torah we can also only see Pshat when it comes to seeing man.  Chazal were able to tap into the פרדס of man. Man's NARNN, nefesh ruach neshama. There is a Shoresh, a root, beyond what is recognized to the person himself whcih is much deeper than what meets the eye. The unconscious might be one of  the layers. Maybe those layers start after the unconscious and the unconscious is still part of Pshat. Who knows. This is Pshat in many Chazal's such as in Bamidbar it says that the Bnei Yisrael were  ‘bochim limishpichosav”. Chaza'l say that that Bnei Yisrael  were not complaining about onions but rather “iskei mishpachos” – arayos. They were complaining about the Issur of Arayos. How do Chazal know that? They were able to tap into a much higher level of man's consciousness into the פרדס  realm. Another example is when  Yehuda told Pharoah – Ki Chamocha kiParoah. Chazal attribute a whole different meaning than it seems on the surface even though on the surface the simple meaning makes sense that Pharoah is a strong king.  Chazal say that Yehuda meant much more than that. This deeper meaning is  possible even if the speaker is not aware of it. And this might only be in the remez, or drush realm, there might be other deeper meanings in the Sod realm which is parallel to the Neshama which is totally above and beyond a person's ability to relate and obviously isn't even aware that it exists. Even a shrink that can delve into a persons darkest place cannot find this realm. It si buried in the person's spiritual existence.  That might be why we find in the Gemara a lot of times when people say things that they don't even mean the Gemra says his "mazal" saw it and sometimes it comes true. This is because there is a much deeper part of that person that is speaking. He might be speaking directly from his Neshama. 

That would be pshat in “barasi yetzer harah barasi torah tavlin” and other “segulas” that chazal tell us like saying krias shema. These fixes  work on the “sod” of the persons neshama which drives him without him able to know why.

As an aside, I find it very interesting that we, today, are so enthralled with our "Gedolim" and "Rebbes" and feel that when they see a person they know right away everything about him/her. That they can see into the deepest depths of their soul. I just want to quote a few psukim from Shmuel I 15 6:

וַיְהִי בְּבוֹאָם וַיַּרְא אֶת-אֱלִיאָב וַיֹּאמֶר אַךְ נֶגֶד יְהֹוָה מְשִׁיחוֹ:
ז וַיֹּאמֶר יְהֹוָה אֶל-שְׁמוּאֵל אַל-תַּבֵּט אֶל-מַרְאֵהוּ וְאֶל-גְּבֹהַּ קוֹמָתוֹ כִּי מְאַסְתִּיהוּ כִּי לֹא אֲשֶׁר יִרְאֶה הָאָדָם כִּי הָאָדָם יִרְאֶה לַעֵינַיִם וַיהֹוָה יִרְאֶה לַלֵּבָב

This is talking about Shmuel Hanavi. Possibly the greatest Prophet Bnei Yisrael ever knew since Moshe Rabenu. He comes to Yishai with a command from God to anoint one of Yishai's son's as the next King. When he sees Eliav he immediately "Knows" that Eliav is the "ONE" and is ready to anoint him, but wait, God says to Shmuel 
הָאָדָם יִרְאֶה לַעֵינַיִם וַיהֹוָה יִרְאֶה לַלֵּבָב. You can only see what is on the surface because only God knows what is in man's heart. I guess it was too bad that Shmuel couldn't take a contemporary Rebbe with him who could show him how to do it.    

Go through the Gemara in Sanhedrin 109

In short the stories told are as follows:

1)Didn't let any outsiders come in to their country
2)They would put the rich people next to a wall which would fall down and kill them and then they would take their money (rishonim say it was strangers from other countries)
3)The people of Sodom would deposit sweet smelling fruits (pearsomens) with the wealthy which would allow the Sodomites to smell where they hid their money and they would come and take their money
4)People that had an ox  would have a turn to be appointed to watch over the town cattle for one day. Those that owned none would have to do two days of civil service
5)The toll for crossing the bridge was one Zuz. For someone who didn't use the bridge they charged two Zuz. 
6)To builders who lined up their bricks to build, the Sodomites would come and each one would take one brick until he had none left. They justified it by saying we are each only taking one. 
7)If someone would cause a woman to have a miscarriage the judges would force the perpetrator to make her pregnant
8)If someone cut off somebody else's donkey's ear the judges would demand that the victim hand over his donkey to the perpetrator until the ear grew back and only then would he have to return it
9) If someone caused anther and injury which led him to bleed the judges would demand that the victim compensate the perpetrator for blood-letting fees
10)They had a bed with which they would lay foreigners on to be measured. If the foreigner was longer than the bed they would chop his feet off and if he was shorter they would stretch his body until it  fit           the exact length of the bed. 
11)When a poor person would come to town they would collect money for him. Every donor would write his name on the coins he gave. However they would not allow anyone in town to sell the beggar any           food. Then when the beggar died everyone would come and collect his money back.
12)If a person invited an outsider to a party the judges confiscated the inviters clothes. 
13) A young woman once gave food to a poor person. The people of Sodom took the young woman and tied her up, poured honey over her whole body and lay her out on the outer walls of the city and she was stung to death by a swarm of bees. 


The mishna in Avos says that one who says sheli sheli veshalcha shalcha (according to one opinion) is Midas Sdom. Furthermore the Gemara calls somebody who doesnt allow one to derive any pleasure from his property even though the property owner doesn't have a loss is called "Midas Sdom". both these don't seem all too bad. 

When it comes to Gilui Arayos there is a concept of Ma'aseh Sdom, in English it is called Sodomy (Sodom is the word itself) which refers to copulation where there cannot bear a child. What does this have to do with Sdom as we know it?

Sdom was the ultimate "ME" generation. They were a nation that did not believe in "Chesed" But they had a "Shita" They weren't just against "Chesed" per se. They believed that a person had to justify his existence and should not be a burden on society. Someone who couldn't carry his weight, even through no fault of his own, didn't deserve to be carried by others. 

The aveiros of Sdom were all collective sins. The Tzedakah that they didn't allow was private Tzedaka. The Sodomoziation of the malachim was being done collectively by the nation again, not by individuals. 

The Dor hamabul and Sodom

An explanation as to why God brought a Mabul upon the world and drowned all civilization in water is possibly as mida keneged mida for their sins. Water as we know represents "Chesed". Chesed brings things together as opposed to Fire which represents "Din". Fire breaks things down and  separates them into their basic elements while water is typically a bonding agent. The aveira of the Dor hamabul was "Nizkakim Lishe'aynum minum-Mishkav Zachar. There was an abundance of  zima in the world. Civilization's attitude was to  love indiscriminately, they even loved animals. The medrash says that the Dor Hamabul were the first generation that sanctioned mishkav Zachar by instituting a "Ksuva Lizachar". They affected animals to the point where animals were cohabitating with other species other than their own. Znus in the Torah is called "Chesed" which is really misplaced Love. Love has to be channeled correctly. Indiscriminate love is destructive.

The other aveira of Dor Hamabul  of "Gezel" is always described as "Chamas" as in "Vatimaleh Ha'aretz Chamas" and 'ki malah Ha'aretz Chamas. "Chamas" is translated as  "Chatofin" in the Targum. The Torah is not referring to private Gezel where people are stealing from each other but rather institutionalized stealing where the strong take from the weak. Grabbing by force of the law such as in Sdom where legal stealing was their way of life. When the strong government steals from the producers to redistribute their private property to others that they feel is politically expedient is called "Chamas". When those in power take from the weak to redistribute the wealth it is  usually done in the name of social justice. Again this is a misplaced act of Chesed. Sdom would steal from visitors and distribute to citizens. They had a rationalization. They were doing Chesed to those that needed it most.

וַיִּרְא֤וּ בְנֵי־הָֽאֱלֹהִים֙ אֶת־בְּנ֣וֹת הָֽאָדָ֔ם כִּ֥י טֹבֹ֖ת הֵ֑נָּה וַיִּקְח֤וּ לָהֶם֙ נָשִׁ֔ים מִכֹּ֖ל אֲשֶׁ֥ר בָּחָֽרוּ:

This was another example of the powerful taking advantage of the week. The powerful decided who should be married to whom and who should love whom. Private citizens were not allowed to make those decisions. For sure there was a rationale to that too. This was the sin of the Dor Hamabul

The punishment was "Mida Keneged Mida". Water which symbolizes chesed when it is doled out in measure became a flood. The Gemara says that one of the Chasadim of God is that when it rains no raindrop touches the other. If the raindrops combined they would flood the world. A flood happens when water which usually creates growth combines unnaturally and instead of acting as a constructive force becomes the ultimate destructive force. A flood is water becoming a destructive force which symbolizes the ultimate perversion of "Chesed".  The destruction of Sodom was by fire. 

Tuesday, February 15, 2022

Kollel

 The gemara in chagiga (5B) states:

 תנו רבנן: שלשה הקב"ה בוכה עליהן בכל יום: על שאפשר לעסוק בתורה ואינו עוסק, ועל שאי אפשר לעסוק בתורה ועוסק, ועל פרנס המתגאה על הצבור.

The second part of this ברייתא needs a פשט. What does

 ועל שאי אפשר לעסוק בתורה ועוסק, 

Even mean?

It became very clear to me when I met a אברך כולל and started talking to him in learning and realized very quickly that this person might have been a very capable person in many different pursuits but definitely should not be a full time learner living off the public... והמבין יבין

This is the ultimate חילול ה'

Thursday, February 10, 2022

How People are attached to their Money

 In parshas תרומה it say 

ויקחו לי תרומה מאת כל איש אשר ישבנו לבו 

The Targum says:

מַלֵּיל עִם בְּנֵי יִשְרָאֵל וְיִסְבוּן קֳדָמַי אַפְרְשׁוּתָא מִן כָּל דְּיִתְרְעֵי לִבֵּיהּ

which is the simple translation of אשר ישבנו לבו. However the תרגום יונתן בן עוזיאל adds a few words and writes:

מַלֵּיל עִם בְּנֵי יִשְרָאֵל וְיִסְבוּן קֳדָמַי אַפְרְשׁוּתָא מִן כָּל דְּיִתְרְעֵי לִבֵּיהּ וְלָא בְּאַלְמוּתָא תִסְבוּן יַת אַפְרָשׁוּתִי

He adds the words ולא באלמותא, that it cannot be taken by force that the תרומה must be donated out of the donors free will. 

Now we know that there is a concept of 

כופים אותו עד שיאמר רוצה אני

The רמב"ם explains this concept in הלכות גירושין ב' כ' as follows:

מי שהדין נותן שכופין אותו לגרש את אשתו ולא רצה לגרש. בית דין של ישראל בכל מקום ובכל זמן מכין אותו עד שיאמר רוצה אני ויכתוב הגט והוא גט כשר. וכן אם הכוהו עכו"ם ואמרו לו עשה מה שישראל אומרין לך ולחצו אותו ישראל ביד העכו"ם עד שיגרש הרי זה כשר. ואם העכו"ם מעצמן אנסוהו עד שכתב הואיל והדין נותן שיכתוב הרי זה גט פסול. ולמה לא בטל גט זה שהרי הוא אנוס בין ביד עכו"ם בין ביד ישראל. שאין אומרין אנוס אלא למי שנלחץ ונדחק לעשות דבר שאינו מחוייב בו מן התורה כגון מי שהוכה עד שמכר או עד שנתן. אבל מי שתקפו יצרו הרע לבטל מצוה או לעשות עבירה והוכה עד שעשה דבר שחייב לעשותו או עד שנתרחק מדבר האסור לעשותו אין זה אנוס ממנו אלא הוא אנס עצמו בדעתו הרעה. לפיכך זה שאינו רוצה לגרש מאחר שהוא רוצה להיות מישראל ורוצה הוא לעשות כל המצות ולהתרחק מן העבירות ויצרו הוא שתקפו וכיון שהוכה עד שתשש יצרו ואמר רוצה אני כבר גרש לרצונו

A Jewish person really WANTS to do what is right in the depths of his soul but sometimes needs some extrrnal coaxing to actualize this idea. That is why force for a מצוה is considered מרצונו. 

 Which brings us back to our פרשה  Which begs the question: why does the commandment of giving charity  And I've followed the same rule and have the same דין  ofכופין אותו עד שיאמר רוצה אני.

 The answer must be that the commandment of charity is different from all of the commandments in one aspect and that is that all other commandments a person really really wants to do them once you get to that place and it's so that's very deep where  You reached his pure will without any distractions. However,  When it comes to separating somebody from their money their money is embedded so deeply in the core of their soul that even once you reach that pure point he still does not want to part from his money and therefore you cannot force him to do it and consider it being done out of his own free will.

Tuesday, December 07, 2021

King David's Economic Philosophy

 

נִכְנְסוּ חַכְמֵי יִשְׂרָאֵל אֶצְלוֹ. אָמְרוּ לוֹ: אֲדוֹנֵינוּ הַמֶּלֶךְ, עַמְּךָ יִשְׂרָאֵל צְרִיכִין פַּרְנָסָה. אָמַר לָהֶם: לְכוּ וְהִתְפַּרְנְסוּ זֶה מִזֶּה. אָמְרוּ לוֹ: אֵין הַקּוֹמֶץ מַשְׂבִּיעַ אֶת הָאֲרִי, וְאֵין הַבּוֹר מִתְמַלֵּא מֵחוּלְיָתוֹ. אָמַר לָהֶם: לְכוּ וּפִשְׁטוּ יְדֵיכֶם בִּגְדוּד

 

 

What does this all mean?  What seemed to be the problem? What was king David's proposed solution? What did the sages not like about king David's solution? There seems to be some underlying theme that we are missing.

 

Adam Smith, the most famous economist of the 18th century, or possibly ever, introduced the concept of "The Invisible hand" this means that if the government would be hands off, people's own self-interest would drive them to create goods and services that other people want. Smith believed that all that's needed for an economy to thrive is people working in their own self-interest with no outside intervention and with nobody putting the brakes on economic activity. The people’s motivation to build wealth for themselves would be their biggest incentive to create desired goods and services that others would purchase making the producers wealthy. Smith suggested that competition between businesses would prevent exploitation of consumers by ensuring fair prices and open competition. It would also encourage economic innovation to satisfy consumer demand. In summary, businesses, driven by self-interest, would create optimal goods and services for society and create wealth for the producer who would utilize that accumulated wealth to purchase other goods and services making others wealthy in the process. This cycle would increase infinitely creating a wealthy society. Continued investment and circulation of money keeps the economy growing without any outside intervention.

 

Another also famous economist came along over one hundred years later named John Maynard Keynes.  After seeing a number of recessions and depression, Keynes adopted a different economic philosophy. He believed that the government was needed to support the economy. Both Smith and Keynes understood that to keep an economy thriving a continuous circulation of money was needed, however Keynes believed that there would be periods in an economic cycle where outside stimulus would be needed to drive demand. Creating this outside stimulus is the role of government. Keynes also believed that an accumulation of too much capital in the hands of a few could halt the continuous circulation of capital. Keynes therefore recommended government tax high earners and use the capital collected through those taxes to spur the economy by purchasing goods and services thereby creating demand and ensuring that capital would continue to circulate. This would also ensure that capital would not accumulate and dry up economic activity.

 

 The Israelites came to king David seemingly in a time of an economic downturn and told him "עמך ישראל צריכים פרנסה".  King David responded "לכו והספרנסו זו מזו"  King David's  response was simply to say that the way to  climb out of an economic downturn, as Smith states, is for the people to have faith and confidence in the economy and to continue engaging the economy by doing business and creating more activity. Just continue to produce goods and services and to purchase goods and services. This activity will ultimately fix the recession. One needs no more than faith and confidence and the economy will always sort itself out.  King David was clearly a laissez-faire economic thinker In the Adam Smith mold. The elders that approached king David seemed to be more of a Keynesian persuasion. The elders believed that the economy needed outside/government intervention to climb out of the recession. "אין הבור מתמלא מחוליתו" An economy left to its own devices will lose steam as money accumulates on the sidelines and economic activity and capital circulation will cease.

 

It is important to note that Adam Smith believed in a fair taxation system to provide for essential government services. Ultimately, Smith believed, that taxes should be utilized for government services that provide the most efficient benefit to taxpayers, obviously national defense would be on top of that list. Even a more profitable and beneficial way for the government to spend the collected tax money would be to utilize the tax money on an offensive war that actually would provide a profit to the country by conquering lands with natural resources enlarging the capital pot for all taxpaying citizens.

 

King David soon realized that he couldn't convince the sages to what he considered they're folly for they're Keynesian approach to economics as they continued to insist on government intervention.  At that point king David came up with an ingenious compromise. The king agreed to taxing and spending to conquer other countries and their natural resources.  At least now every dollar spent would increase exponentially and allow for further economic activity with which would continue to increase GDP.

Monday, October 18, 2021

Mitzvas Yibum

ויאמר יהודה לאונן בוא אל אשת אחיך ויבם אותה   ע והקם זרע לאחיך. וידע אונן כי לא לו יהיה הזרע ה

The Ramba"n says that according to rash"i the son is called "על שם המת". He then goes on for a long time explaining how important this commandment is.

Seemingly אונן wanted his own identity have you realized that if he married this woman he would not have his own identity he would have his brother's identity and he wanted to have his own identity so much that he would not marry her

Now if we look in מגילת רות at the גואל. He too would not marry רות because of the same reason, he wanted his OWN identity and not assume someone else's identity.

That גואל became known forever as "פלוני אלמוני" The Man With No Name. because he would not do יבום and wanted his own identity... he forever and ever is the man with no identity. Measure for measure,  מדה כנגד מדה. 

The first person who wouldn't do יבום because, as he states, he didn't want his brother's identity but rather his own, was called אונן, Mr  Anonymous. As per etymonline:

from Greek anonymos "without a name," from an- "without" (see an- (1)) + onyma, Æolic dialectal form of onoma "name" (from PIE root *no-men- "name").

from Ancient Greek ᾰ̓νώνῠμος (anṓnumos, “without name”), from ᾰ̓ν- (an-, “un-”) with ὄνῠμᾰ (ónuma), Aeolic and Doric dialectal form of ὄνομᾰ (ónoma, “name”).

אונן just like פלוני אלמוני, ended up, forever, known as "The Man without the name"


Friday, July 30, 2021

Yeshivish Definition

A person who believes that somehow a chassidish-lite cultural lifestyle translates into a Torah value system