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Toronto Torah Beit Midrash Zichron Dov

Parshat Nitzavim/Vayelech 25 Elul 5770/September 4, 2010 Vol.2 Num. 3

Ayeka? R’ Netanel Javasky

It seems that every year is busier than other hand, are omdim, stagnant “ayeka” “Where are you?” This first
the last. Our technological advances beings that do not have the encounter of Man with The Almighty
and growing globalism have created opportunity to develop and mature. began with this simple and yet
a super fast-paced world with many profound query, “Where are you,
On Rosh HaShanah we come to a halt.
new demands on our lives. The Man?” This was the question on the
We take stock of our
frenetic rhythm is not only a modern first Rosh HaShanah and this is the
accomplishments and achievements,
secular phenomenon; within the question we are asked each and
evaluate our successes and failures
realm of avodat Hashem, the every year. Where are we? Where
and recalibrate for the year ahead.
demands on our time have always have we gone in this past year? Have
Before Rosh HaShanah we read, Atem
been endless. Should we spend more we fulfilled our potential this year and
nitzavim hayom kulchem, that today
time learning or spend more time are we on a path of continued growth?
we are nitzavim, we stop and stand
with our families? Should we
still, using the opportunity to take a Upon pondering these questions and
concentrate our time and efforts for a
cheshbon hanefesh. Kivakarat roeh self-evaluating we immediately pack
project in Israel, or should we take on
edro, like the shepherd lining up his our spiritual bags and continue on our
another chesed initiative here at
sheep to count his flock, we stop and lifelong trek. After Nitzavim, where
home? We somehow balance our
get in line to be evaluated by Hashem we are told to pause from the daily
schedules and manage to pull
and at the same time to self-evaluate grind with a moment of retrospection,
everything together. We lead busy
our lives. w e i mm e d ia t e l y f o ll o w w ith
and productive lives and strive to
Vayeilech, a recognition that we must
constantly grow in our avodat We read in the prayers for Rosh
immediately begin moving. We pick
Hashem. The verse in Zecharya (3:7) HaShana, “Hayom harat olam” “Today
ourselves up and begin the New Year
says, “‫ונתתי לך מהלכים בין העמדים האלה‬,” the world was created”, but this is not
st immediately striving to mature in our
loosely translated as, “I will grant you totally accurate. The 1 of Tishrei was
avodat Hashem. In fact, the first
the ability to walk among angels.” not the first day of creation, rather the
Pasuk that we say after blowing the
Noteworthy is the fact that the Pasuk day in which Adam haRishon, the first
shofar, “Ashrei ha’om yodei teruah,
refers to mankind and mihalchim, we man was created. Mere hours after
Hashem b’or panecha yihaleichun”,
are goers, we are doers, we are creation Adam stumbled, sinned and
we immediately tell Hashem that we
constantly growing and striving to was confronted by Hashem. Hashem
are goers, we are doers and we will
come closer to G-d. Angels, on the began the dialogue with the word,
strive to make the best use of our
resources.
Parshah Questions R’ Meir Lipschitz
As we stand this year and listen to the
(Sources are provided to help the reader research answers)
shofar, we should remember the
New! Answers to all questions are now on the back page! message of Nitzavim and Vayeilech.
 Why is the word ‫נצבים‬, and not the more common ‫עומדים‬, used in the opening Ponder the question that G-d is asking
phrase of the Parshah? (Rashi, Ramban, and Da’at Mikra to Devarim 29:9 and 12) each and every one of us, as He did
on that first Rosh HaShana. Ayeka?
 Who must come to ‫הקהל‬, and for what purpose?
Where are we? Where are we as
(Rashi, Ibn Ezra, Ramban, Chizkuni, Seforno, Kli Yakar, Ohr HaChaim, Maharal,
and Malbim to Devarim 31:12) individuals and where are we as a
tzibur, as Klal Yisrael? May we find
 Upon whom is it incumbent to write a Sefer Torah? satisfactory answers to these
(Ibn Ezra, Ramban, Netziv, Torah Temimah, Da’at Mikra, and Ma’ayan Beit questions and follow them with an
HaShoeivah to Devarim 31:19, Sanhedrin 21b, Rambam Hilchot Sefer Torah 7:1,
immediate resolution to continue to
Sefer HaChinuch 613, and Rosh Hilchot Sefer Torah siman 1)
strive and continue to grow in our
 For children: Why are Heaven and Earth called as witnesses for the covenant service of G-d.
between Hashem and the Jewish people? (Rashi to Devarim 30:19) njavasky@torontotorah.com
This week’s alon is anonymously sponsored in recognition and honour of the Torah, learning and friendship which R’ Mordechai Torczyner,
R’ Azarya Berzon and the avreichim of the Beit Midrash have shared with our community. L’Shana Tova u’Metuka! ‫!לשנה טובה ומתוקה‬
Vayeilech– The King and the Cohen R’ Meir Lipschitz

As Moshe passes the leadership of question, of course, is: Why can a leaders and control the army, all
the Jewish people to Yehoshua, it’s religious leader be appointed with a while maintaining his righteousness
easy for us to feel sorry for both family tree as his only qualification, despite the distractions standing in
Moshe and his sons. It seems, at first while the “king” must prove his his way. To succeed in this role, one
glance, that they are getting cheated worth before being appointed? must be of a much stronger moral
in th e e xch an ge —M o she is character; he needs to constantly
succeeded by his student Yehoshua, The role of the Kohen is to deal with
work on himself in order resist his
while Aharon’s son inherits his role, spiritual matters like the service in
surrounding influences and remain
and inheritance becomes the model the Beit HaMikdash, learning and
steadfast in his faith and service of
thereafter (Rashi to Bamidbar 20:25 teaching Torah, and attaining
Hashem.
and 25:13). The Midrash, noticing forgiveness for the people’s sins.
this contrast, suggests that Moshe It is for this reason that Yosef is our
Due to his elevated status he is more
was saddened by these events and paradigm of righteousness; despite
restricted as to what he may and may
asked Hashem about it. Hashem the power and temptation in his life
not do in life, with regard to ritual
answered Moshe with two points: 1) and locale, Yosef remained just as
purity and marriage. He is meant to
Yehoshua would be dependant on much of a tzaddik as he was before.
be completely immersed in Divine
Elazar and so Moshe’s extended Being a tzaddik amid temptation and
service. While this individual does
family would remain in power (Rashi challenge requires a greater
need to be on a very high level, his
to Bamidbar 27:16 and 21), and 2) individual than being a tzaddik while
life, his work and the halachot
Yehoshua deserved this in the four walls of the Beit
governing his actions all combine to
appointment since he was HaMikdash (or Beit Midrash).
promote and maintain his spiritual
m ’ s h a me s h Mo sh e a n d wa s growth. In an atmosphere like this, it If a leader’s son felt he would inherit
constantly with him, unlike Moshe’s is enough that he come from a good his father’s role, he would not
own children. family in order to be appointed as a properly prepare himself for the
We see a real difference in how leader, since the atmosphere of the trials and tribulations of the job
Aharon and Moshe are succeeded. job itself is conducive to success. before assuming the position and he
Moshe is succeeded by his student, On the other hand, the king must deal would certainly fail (as seen many
not his son, while Aharon is with many more challenges in his times with the kings in Tanach).
succeeded by Elazar, his son. It role: the corruption inherent in Therefore, Monarchy must be
could be said, then, that the spiritual power, honor, glory, and physical earned, while Kehunah can be
leadership of the Jewish people can desires. He must deal with the people inherited. Aharon’s role could pass
be inherited, while the material, and their problems on a regular from father to son because it
political, leadership of the people is basis, he needs to work with foreign required a lesser degree of
not inherited but earned. The preparation. But Moshe’s role
needed to be earned so the people
could be ensured a proper leader;
613 Mitzvot: Mitzvah 49 Yehoshua, who spent his time
watching Moshe, learning from him,
Fining mazikin (vandals) and understanding the role and its
many challenges was fit to assume
that position, whereas Moshe’s
Mitzvah 49 instructs us to set up of personal or communal loss. (For
children were not.
courts to fine people who harm further insight and application, see
others, or who allow their property Gittin 88b, Bava Kama 84b; Beit Yosef May it be His will that we be able to
to harm others. In addition to paying Even haEzer 11 ‫כתבו‬, Beit Yosef serve Hashem, not just as Kohanim
restitution, the aggressors are Choshen Mishpat 1 ‫ודוקא‬, ‫ומסקינן‬.) while in the protective cocoon of the
sometimes required to pay more Beit Midrash, but as kings who
The Sefer haChinuch notes that our
than the value of the damage they remain steadfast in our service and
courts are not responsible to mete out
have caused. faith despite the challenges and
Divinely perfect justice. Rather, they
Today, Jewish courts do not have are commissioned to create laws of temptations surrounding us
independent authority to levy fines. punishment so that civilized society mlipschitz@torontotorah.com
However, earlier courts authorized will be able to function and flourish,
their successors to institute without fear of aggression.
extrajudicial penalties for common
cases or cases involving prevention torczyner@torontotorah.com

2 Visit us at www.torontotorah.com
 Ha’Am V’Ha’Aretz
Rabbeinu Gershom
Rabbeinu Gershom was born in 960 in Metz
(now in France) and moved to Mainz, joining
R’ Shimon haGadol, R’Shimon ben Yitzchak,
to learn in the yeshiva of Sir Leontin, R’
Yehuda ben Meir. After the death of his
teacher, he was appointed head of the
yeshiva in Metz. Coinciding with the decline
of the Gaonate and Babylonian yeshivot of
Sura and Pompedita (possibly due to the
decline of the Abassid Empire centred in
Baghdad), students from all over Europe
Torah in Translation
Shut Rabbeinu Gershom, Light
of the Exile 50
Repaying a Loan
As far as your question: Reuven owed a
non-Jew a litra. He went [to Shimon’s house
RL] and asked Shimon to lend him a litra so
he can repay his debt to the non-Jew.
Shimon lent him one litra, and had twenty
litrot left over.
Reuven subsequently repaid his loan, and,
upon returning to his abode, discovered
that his house had been ransacked, along
with the house of Shimon and all the Jews
in the city. All had been appropriated,
including the twenty litrot that had
remained in Shimon’s possession.
Reuven is still obligated to repay Shimon
the litra like any other debtor. This is
obviously true in our case, in which
Reuven actually used the litra to pay his
creditor, and he loses nothing [by also re-
paying Shimon]. Even had he not re-paid
the creditor with this litra, he would have
been forced to pay back the creditor later,
against his will, and therefore the litra he
paid to his first, non-Jewish creditor,
should not be considered as having been
paid to Shimon, his second creditor. More,
it would even be true had Reuven actually
lost the litra to the thieves; once he took
the coin he acquired it and became liable
to Shimon. We don’t find an exemption for
a borrower.
You may claim that if the litra was in
Shimon’s possession, he would have lost it
just as he forfeited the rest that were in his
possession, in truth heavens have had 2. A woman may not be forced to accept
mercy on him and allowed a litra to
remain in his possession, as the verse
states, “for we are left but a few of
many” (Yirmiyahu 42:2)
rlevy@torontotorah.com
Visit us at www.torontotorah.com
Russell Levy
flocked to his yeshiva. He was called
meor hagolah “The Light of the
Diaspora”, and was acknowledged as the
leading authority of the Ashkenazic lands
in the Holy Roman Empire (now
Germany, France and Italy).
Rashi, whose teacher R’ Yaakov ben
Yakar was a student of Rabbeinu
Gershom, famously wrote (Responsa 70):
“Rabbeinu Gershom meor hagolah, from
whose mouth we all live, and all the
exiles of Europe are students of his
students”. The Rosh, R’ Asher ben
Yichiel, who lived in 14th century Spain,
wrote (Responsa 43:8): “His enactments
and decrees are fixed and permanent as
if they were given at Sinai”.
Rabbeinu Gershom wrote extensively;
among his works are a commentary on
the Torah, responsa, and a commentary
on the Talmud, much of which has been
lost. This talmudic commentary was used
as a model for many later commentaries,
included that of Rashi’s. He also
composed many piyyutim; in many
communities, the selichot said on Erev
Rosh Hashanah are named “selichot
zechor brit”, after the selichah composed
by Rabbeinu Gershom that starts with the
phrase, “zechor brit Avraham v’akeidat
Yitzchak”.
At the beginning of the 11th century, after
a Christian cleric converted to Judaism
and entered into disputations with his
former colleagues, Emperor Heinrich II
ordered the expulsion of the Jewish
community of Mainz in 1012. Like many
other Jews in Mainz, Rabbeinu
Gershom’s son chose apostasy over
forced exile; he passed away before
having an opportunity to return to
Judasim.
Rabbeinu Gershom is most famous for his
enactments which were adopted at a
synod convened around 1000. The Be’er
Hagolah (R’ Moshe Rivkes) lists the
enactments (YD 334), whose violators
were placed in cherem; among the most
famous are:
1. A man may not be married to two
women under any circumstances
a get. 5. One may not converse while in shul.
3. One may not read the mail of another Rabbeinu Gershom passed away in
Jew. 1040, but his influence is still felt today
4. One may not make derogatory
comments to those who were
Yam Hamelach—The Dead Sea
Dovid Zirkind
The lowest point on Earth, some 400
meters (1,305 ft.) below sea level is the
Dead Sea or the Yam Hamelach. Yam
haMelach is first mentioned in the To-
rah as the location of a conflict between
kings in the days of Avraham (Bereishit
14), and then as a key marker along the
eastern border of the land of Canaan
(Bamidbar 34).
The name “Dead Sea” comes from this
body of water’s high salt and mineral
content, which doesn’t allow for any
sea life. In fact, the Dead Sea has a 33%
concentration of salts and minerals,
compared to 3% in the ocean. Geo-
graphically, the Dead Sea is an inland
lake which spans approximately 50
miles long and 11 miles wide. The only
major body of water flowing into the
Dead Sea is the Jordan River.
Biblically, the sea was also known as
the Yam HaAravah, which inhabitants
from the west used to distinguish it
from the Mediterranean. When the
Jewish people conquered the land of
Israel, possession of the eastern side of
the sea was split on the north by the
tribe of Reuven and on the south by the
people of Moav. On the western side,
the Dead Sea was entirely within the
borders of Yehuda.
In the Hellenistic period the Dead Sea
began to attract the attention of Greek
scientists because of its peculiar natu-
ral resources. It is mentioned by Aris-
totle in his writings and was long de-
sired by many kingdoms for the wealth
its minerals could provide. Continuing
to the 19th and 20th centuries, the Dead
Sea attracted may explorers still curi-
ous about its nature and distinctive-
ness.
Familiar to us are the images of the
Dead Sea in modern Israel, its citizens
seen floating in the water, often read-
ing their newspapers. The Dead Sea
continues to be a center for research,
tourism and recreation to this day.
dzirkind@torontotorah.com
forcefully converted to Christianity
and later returned to Judaism.
in all walks of Jewish life.
rlevy@torontotorah.com
3
 Parshah Answers R’ Meir Lipschitz

Why is the word ‫נצבים‬, and not the more
common ‫עומדים‬, used in the opening
phrase of the Parshah?
 Rashi explains that ‫ נצבים‬refers not to
standing, but to enduring; despite all of
the times we have angered Hashem, He
has not destroyed us.
 Ramban suggests that the word
refers to the people standing in readiness
to serve Hashem.
Da’at Mikra says that the word connotes
honour, since the people were standing
in order of their importance.
Who must come to ‫הקהל‬, and for what
purpose?
 Rashi, quoting a midrash, says that
the men come to learn, the women to
listen, and the children (despite their
inability to understand) are brought to
give reward to those who bring them.
 Ramban argues with Rashi’s reading
of “reward” and says that the men and the
women come in order to listen and learn.
The children, who can’t understand on
their own, will listen and ask, and their
parents will teach them.
 Kli Yakar rejects Rashi’s read
regarding “reward,” claiming that
Hashem would not create a superfluous
command whose sole purpose is to give
reward without there being any meaning
behind the command/action itself. He
therefore suggests that the purpose of
‫הקהל‬is to inspire the people to teshuvah,
repentance. The men and women will
come, learn, and repent. But if their
merits are not enough to save themselves,
then they will be saved in the merit of the
children who are ‫גמולי חלב שלא פשעו‬.
 Ibn Ezra explains that the gathering
at ‫ הקהל‬will inspire learning all year long,
and that those who don’t know will ask and
be taught by those who do know.
 Chizkuni doesn’t discuss the purpose
in each group of people coming, but he
does note that everyone is able to come
since all of their crops are ownerless
anyway, (‫ הקהל‬takes place immediately
following the ‫ שמיטה‬year) and no one may
gather the produce, they all may as well
come.
 Seforno explains that those who are
wise and learned will come and listen, and
those who are unlearned will come to
learn from those who are wise and
learned.
 Ohr HaChaim explains that both the
men and the women come in order to hear
the mitzvot which are commanded in the
Torah, since both must keep the laws.
However, only the men come for pure
study, since this is their mitzvah.
Malbim says that everyone must come in
order to listen to the words of Torah, which
will inspire them to learn and keep the
Torah. It all begins with hearing the words
of the Torah.
Upon whom is it incumbent to write a
Sefer Torah?
 The Gemara (Sanhedrin 21b) says
that a king must write a Sefer Torah for
himself, even if he inherited one from his
father. The Gemara explains that this
refers to the special torah that a king must
keep with him at all, but everyone else
also has a mitzvah to write their own Sefer
Torah.
 Ibn Ezra says that the mitzvah is for
Moshe, and all who are able to write a
Torah.
 Ramban explains that the command
was given to both Moshe and Yehoshua to
write the Torah, in order to establish
Yehoshua as a leader before Moshe’s
passing.
 Netziv says that the simple reading
would be that Moshe, not anyone else,
was commanded to write “this song.” This
mitzvah is different from all others, in that
it was commanded specifically to Moshe,
and was not to be transmitted to the
people. Alternatively, he says that the
plural language of ‫ כתבו‬suggests that the
command was not only to Moshe, but for
everyone to write their own Sefer Torah,
like all other mitzvot which were told to
Moshe so he could tell the people.
 Torah Temimah quotes the gemara
in Sanhedrin that everyone must write
their own Torah even if they already
inherited one. He asks why that should be
necessary; why isn’t owning a Torah
sufficient? He therefore suggests that the
mitzvah is to write a Sefer Torah in order
that there should be more Sifrei Torah in
the world. Based on this, he says that
simply buying a Torah would not be
enough, as this would not increase the
number of Sifrei Torah in the world.
For children: Why are Heaven and
Earth called as witnesses for the
covenant between Hashem and the
Jewish people?
Rashi provides us with two explanations.
1) Since Heaven and Earth will last
forever, they will always be able to serve
as witnesses for the covenant. 2) If Heaven
and Earth, which don’t receive any
reward when following Hashem’s
commands and serving their function in
the world, never deviate from their roles,
how much more so should we, who are
rewarded for our actions, follow the word
of Hashem.
mlipschitz@torontotorah.com

Schedule for the Week of September 4, 25 Elul

Shabbat, September 4
7:50AM R’ Azarya Berzon: Ramban al haTorah, Or Chaim
After Hashkama: R’ Azarya Berzon, Clanton Park Tuesday, September 7
1 Hr Before Minchah: R’ Azarya Berzon: Kiddushin, Mizrachi Bayit 11:00AM R’ Azarya Berzon: Masechet Kiddushin, Clanton Park Men
8:30PM R’ Azarya Berzon: Practical Teshuva for Us: How to Really
Motzai Shabbat, September 4 make it Happen this Year (first of a two-part series) , BAYT,
See our insert for pre-Slichot programming West Wing Classroom #1
Sunday, September 5 8:15PM R’ Mordechai Torczyner: Minchat Chinuch, Clanton Park
9:00AM Russell Levy: Practical Halachah at the Cottage, Bnei Isaac, Wednesday, September 8
Baysville After Mincha R’ Mordechai Torczyner: Silent Tefillah: Chana and
9:15AM Itamar Zolberg: Tshuva Kadma LaOlam? Zichron Yisrael b’Ivrit Beyond, BAYT
8:00PM R’ Mordechai Torczyner: Teshuvah: The moment that changes Thursday, September 9
the past and creates the future, Marlee Women After Hashkama R’ Azarya Berzon: Tekiah and Teruah, the Essential
8:30PM R’ Azarya Berzon: Masechet Kiddushin, Shaarei Shomayim Difference, Or Chaim
Monday, September 6
9:00AM Russell Levy: Practical Halachah at the Cottage, Bnei Isaac, Have a healthy and happy new year!
Baysville !‫תכתב ותחתם לאלתר לחיים טובים‬
8:30PM R’ Azarya Berzon: Hilchot Talmud Torah, Clanton Park
9:20PM R’ Azarya Berzon: Ramban al haTorah, 12 Midvale

4 We would like to thank koshertube.com for filming our shiurim! Visit us at www.torontotorah.com