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Parashat Nitzavim

Elul 28 5775

Whos crying?
by Rabbi Yaakov Blau
The Haftarah for the second day of Rosh HaShanah, from
Yirmiyahu 31, is replete with poignant imagery and famous
Pesukim. Passuk 14 describes the sound of Rachels bitter cries for
her children being heard from Ramah. Later in the Perek, Hashem
tells her to stop crying because her children will return. Who is this
Rachel who is crying for her children?
The Meforashim have myriad approaches to this Passuk. Rashi
(ad. loc s.v Rachel Mevakkah Al Baneha) quotes the Midrash
Aggadah as explaining that the Rachel mentioned in this Passuk
refers to Rachel Imeinu. When the evil king Menasheh brought
Avodah Zarah into the Beit HaMikdash, all of the Avot and Imahot
beseeched Hashem for mercy. Hashem was unmoved,
KaVeYachol, until Rachel pleaded her case. She began with the
argument that Hashems mercy greatly exceeds that of a regular
person. Next, she explained how she allowed competition into
her marriage. When Yaakov was supposed to originally marry
Rachel, Rachel and Leah arranged signs so that Yaakov would not
be able to be duped by Lavan should he attempt to substitute
someone for Rachel. Rachel gave those signs to her sister and
thereby enabled the marriage to transpire. Accordingly, argued
Rachel to Hashem, that if she was quiet in that situation, Hashem
should likewise be quiet in the face of the Jews bringing
competition into the Beit HaMikdash. Hashem replied that this
was indeed a sound defense.
Radak gives what is likely the Peshat of the Passuk. He
explains that the Rachel mentioned in Yirmiyahu 14 does not
refer to the actual person Rachel, but rather is used to personify the
ten tribes that went into exile (the Mahari Kara has a similar
approach). Since Efrayim was the leader of the ten tribes, his
grandmother is used to convey the grief of their prolonged exile
which was not suffered by Shevatim Yehudah and Binyamin.
Radak then quotes a different Midrash which understands the
Passuk as referring to the actual Rachel. This Midrash attempts to
justify why Yaakov buried Rachel on the way to Efrat, claiming
that he foresaw that the Jews would be led into exile via that very
way. By burying Rachel there, Yaakov afforded the Jews the
opportunity to pray for her to intercede on their behalf.
Finally, Targum Yonatan takes a very different approach. He
understand Ramah as referring to an actual place (the other
Meforashim understand it as meaning on high). Later in Sefer
Yirmiyahu (40:1), immediately following the Churban HaBayit, the
evil Nevuzaradan, the executioner of Bavel, is described as sending

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September 12, 2015

Vol. 25 No. 1

Yirmiyahu from Ramah. The crying in 31:14, explains the Targum,

is that of the Jews crying at the time of that incident, assumedly
because of the Churban. Targum Yonatan understands the image
of Rachel crying as referring to Yerushalayim crying, although it is
unclear how he derives that understanding from the words of the
Passuk. The Targum then continues to explain that the reward of
returning to Israel mentioned in Passuk 15 was given because of
the merits of the actions of the Avot.
While the obvious reason why this Perek is read on Rosh
HaShanah is because of the Zichronot mentioned in Passuk 19
(Mishnah Berurah 601:2), perhaps these various approaches can
provide us with additional messages for the Yom Tov. Rashis
approach teaches us the critical importance of being able to let
things go and not harbor ill feelings and grudges. If Hashem can,
KaVeYachol, allow competition into the Beit HaMikdash,
certainly we can as well. Radaks first understanding conveys the
message of taking a long term approach to viewing Yad Hashem
in our lives. The 10 tribes continue to remain in exile, but we still
believe that they will ultimately return. In a similar vein, the
Midrash that he quotes shows how things are put in motion long
before we can understand their future purpose, as Yaakov buried
Rachel hundreds of years before the Jews came by that route to
pray. It is incumbent upon us to believe that there is a Divine plan
for what happens to us, even though it is often difficult to
understand it as it unfolds. Finally, Targums mentioning Zechut
Avot does not merely teach us that we benefit from the actions of
our forefathers, but it is meant to encourage us to look to the Avot,
and how they acted, for inspiration as to how we should conduct
our lives. May we all be Zocheh to find meaning from the Haftarah
on Rosh HaShanah to continually grow in our Avodat Hashem.

Teshuvah When and Where?

by Zev Jarashow (16)
In Parashat Nitzavim, Moshe relates to Bnei Yisrael the
commandment to do Teshuvah, as he says, VeAtah Tashuv
VeShamata BeKol Hashem VeAsita Et Kol Mitzvotav Asher Anochi
Metzavecha HaYom, And you will return and listen to the voice of
Hashem, and fulfill all of His commandments, which I command
you this day (Devarim 30:8). The question we must ask ourselves
is what exactly is Teshuvah and how do we perform it properly?
The classic definition of Teshuvah is repentance; however, what
exactly does that mean? How does one repent properly? Do
Tefillah and Talmud Torah help absolve us of our sins, or perhaps
is there a certain action that can be done in order to accomplish true
Teshuvah?
In his Lilmod Ulelamed, Rav Mordechai Katz explains that the
answer to these questions can be found in a story that appears in
Sefer BeReishit. When Yosefs brothers (including Binyamin) visit
Egypt, Yosef sends them back with the command to, Fill the men's
sacks with food, as much as they can carry, and put each man's
money into the mouth of his sack (BeReishit 44:1). Following this,
Yosef puts his gold goblet in Binyamins sack and tells his servants

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to chase the brothers and retrieve the goblet. The goblet is

found in Binyamins sack, and therefore, Yosefs servants
bring all the brothers back to Yosef's house. Yosef proclaims
that he will take only Binyamin, the thief, but the other
brothers will be allowed to return to their father, because it
would be sacrilegious to take any of the brothers who did not
steal. Yehudah, however, stands up and tells Yosef that he
and his brothers made a promise to their father that the
youngest one, Binyamin, would certainly return home, and
therefore, they are unable to leave. At this moment, the
brothers accomplished full Teshuvah. Many years back, the
brothers had the opportunity to get rid of Yosef, Yaakovs
favorite son of his beloved Rachel, and they did so. At this
moment, when the brothers had the same exact opportunity
to get rid of their fathers new favorite son, Binyamin, from
his favorite wife, Rachel, they did not allow it to happen.
They would not make the same mistake that they made in
the past. By doing so, the brothers accomplished the best
form of Teshuvah: they were placed in a situation similar to
a previous one, and they rectified their previous mistake.
Therefore, immediately after Yehudah stood up for
Binyamin, Yosef revealed himself to his brothers (45:3). Yosef
knew that once the brothers did not leave Binyamin behind,
they had performed full Teshuvah for their sin of throwing
Yosef into a pit and selling him.
A story is related about Rav Yitzchak of Cracow, who
was a poor man struggling to find money. He had a dream
that if he would go to Prague and look under the main
bridge, he would find a great treasure. He didnt think so
much of this dream at first, but when this dream reoccurred
multiple times, he decided to go to Prague and see if he could
find the treasure. When he arrived in Prague, he went under
the bridge and found a whole coterie of the king's soldiers.
After standing there for a few minutes contemplating what
to do, he went away and figured that he would try to come
back the next day. The same routine happened for a few
days. One of the king's soldiers started to realize that this
man was coming every day, and he asked the Rabbi why he
kept coming to the bridge. The Rabbi responded by telling
the guard his dream, and the guard said back, If I would
listen to my dream like that, I would be at a Rabbis house in
Cracow. I always dream that there is a Rabbi in Cracow with
riches in his backyard. If I were you, I would leave and return
home. The Rabbi did exactly that, and found the treasure in
his backyard.
This story teaches us that we do not need to travel
anywhere or look so hard for Teshuvah; we just need to look
in our own backyards and open our eyes to see endless
opportunities to do Teshuvah. As we approach the Aseret
Yemei Teshuvah, we should all look out for opportunities to
do Teshuvah and remember that it is not in the heaven
(Devarim 30:12) and is not beyond the sea (Devarim 30:13).

while there were only 49 curses by the first set of rebukes in

Parashat BeChukotay, Moshe had just added on an additional 98!
Rav Yedidyah Frenkel explains that when Bnei Yisrael received the
first set of curses in Sefer VaYikra, Hashem included two
reassuring statements: Then will I remember My covenant with
Yaakov, and also My covenant with Yitzchak, and also My
covenant with Avraham will I remember; and I will remember the
land (VaYikra 26:42), as well as, And yet for all that, when they
are in the land of their enemies, I will not reject them, neither will
I abhor them, to destroy them utterly, and to break My covenant
with them; for I am Hashem their God (26:44). However, in the
second set of curses, in Sefer Devarim, Moshe did not add such
words of reassurance. Hence, there were 100 curses minus the two
Pesukim telling Bnei Yisrael that Hashem promised to never
completely destroy them. This caused Bnei Yisrael to be very
frightened.
Additionally, Ramban (26:16) writes that the curses in Sefer
VaYikra refer to the first Galut, while the curses in Sefer Devarim
refer to the second Galut. Therefore, after the second set of rebukes,
Bnei Yisrael understood that although they would come back from
the first Galut, the second Galut might never end! The Midrash
continues to explain that Moshe responded to Bnei Yisrael's fear by
exclaiming, You are all standing this day before Hashem your
God (Devarim 29:9). By saying this, Moshe was telling Bnei
Yisrael to remember that they were slaves in Egypt and Hashem
performed many miracles to take them out. Additionally, Bnei
Yisrael had just survived journeying in the desert for almost forty
years because of Hashems kindness; therefore, Bnei Yisrael should
have realized that Hashem would be with them for eternity and
would redeem them from every situation.
These words should resonate even more with Jews living
today. The fact that we are still standing this day after almost
two thousand years full of many dangerous situations shows that
Hashem will never give up on us, and we should have strong belief
that Hashem will end this Galut despite its length. However, there
is a key difference between the first Galut and the one we are
currently experiencing. Rav Yosef Dov Soloveitchik explains that
the first Galut was ended almost completely by Gods discretion.
This is supported by the fact that the VaYikra curses contain
Pesukim about Hashem remembering the promises which He
made to our forefathers. However, the Devarim curses have no
mention of such a remembrance. Therefore, returning from this
Galut is mostly up to us, as the Passuk in Nitzavim says, And you
will return to Hashem, your God, with all your heart and with all
your soul, and you will listen to His voice according to all that I am
commanding you this day, you and your children (Devarim 30:2).
This Galuts end depends on when we return to Hashem. Only
when we return to Hashem will He return to us.
The timing of Parashat Nitzavim is very appropriate because
it teaches us how to repent. Rashi (Devarim 29:18 s.v.
HaTzemeiah) points out that the Torah compares intentional
sinners to those who are thirsty, because they both consciously
seek to fulfill a desire of their body. This comparison sheds light on
another quality of sin. When thirsty people drink water, they are
satisfied for an hour or two, but then get thirsty later. In other
words, a drink of water does not have a lasting impact and can only
sustain life if it is consumed each time it is re-desired. Similarly,
by Zachary Orenshein (16)
sinning only fulfills a temporary temptation, while in the long run
it is not beneficial at all. If somebody succumbs to desire, it will
According to a Midrash quoted by Rashi (Devarim 29:12
return in a stronger form and will have to be fulfilled again to
s.v. VeHu Yihyeh Lecha LEilohim), Bnei Yisrael were
satisfy his Yeitzer HaRa. Having this in mind is crucial for
petrified at the beginning of Parashat Nitzavim, because

Faith, Futility and Fulfillment: Nitzavim

Meets Elul

complete repentance and the fulfillment of commitments made on

Rosh HaShanah. There is no such thing as just one cheat.
There is another crucial piece of advice that Parashat Nitzavim
teaches us. Towards the end of the Parashah, Moshe tells Bnei
Yisrael, I have set before you life and death, the blessing and the
curse (30:19). Rav Jonathan Sacks points out that this Passuk
highlights a drastic difference between most cultures and Bnei
Yisraels culture. He contrasts our culture with that of Egypt. In
Egypt, people would glorify death to the extent that they would
force hundreds of slaves to build pyramids that were thought to be
portals to the afterworld. In fact, the only documents we have from
some cultures are books describing what they thought was life
after death. Judaism is completely different. Tanach has virtually
no mention of the world to come. One reason for this is that
Judaism is about life. The difference between our world views is
similar to the contrast between riding a plane and climbing a
mountain. The Egyptians believed that life is like a plane, where
people simply have to pass the time and be as comfortable as
possible until they arrive at their destinations. According to their
belief, it makes sense to look at a brochure and talk about what is
going to happen upon arrival. However, Jews believe that life is a
hike. When climbing a mountain, there are many things on which
to focus. People need to focus on where to stop next, how long they
can go in a certain day, where to rest, when to drink, when to eat,
how to help others up steep slopes, and how to address various
other challenges. There is hardly time to focus on the peak. The
Torah does not mention the world to come because there is so
much to focus on in getting there. Therefore, the Torah associates
life with good and death with bad. Death is not to be focused on. It
is life that needs our attention. We must live our lives not like a
plane ride, but like a climb. The more effort we put in and the better
we plan, the greater heights we can reach.
Parashat Nitzavim teaches us that we should have pure and
complete Emunah that Hashem will continue to support us. If we
realize the futility of sinning and embrace lifes challenges,
Hashem will bring us out of exile.

Biblical obligation when, within the next decade (and for

the first time in approximately two thousand five hundred
years), a majority of Jews are projected to live in Eretz
Yisrael (statistics indicate that the majority of Jewish
children below the age of seven already reside in Israel).
Ramban (Sefer HaZechut, Gittin Rifs folio 19), on the other
hand, asserts that Shemitat Kesafim is a Torah obligation
even nowadays, in accordance with the view of Rava
(Gittin 36b according to Rashis explanation). Rama (C.M.
67:1) notes that the consensus view is that Shemitat
Kesafim today is a rabbinic obligation.
Surprisingly, Rama (ibid.) records a tradition among
Ashkenazic Jews to not practice Shemitat Kesafim. This
reflects the opinion of Raavad (Gittin Rifs folio 19) that
observance of Shemitat Kesafim today is not obligatory but
merely a pious act. In fact, Rash (cited by the Tur C.M. 67)
was initially surprised by and bitterly complained about
the Spanish Jews practice of not observing Shemitat
Kesafim, but later compromised by neither endorsing nor
expressing his objection to their practice. Many Posekim
throughout the generations devised creative arguments to
justify this practice. These Posekim include the Maharik
(number 92), Terumat HaDeshen (number 304), the Sema
(67:4), Teshuvot Mishkenot Yaakov (2 C.M. 36), and the
Aruch HaShulchan (C.M. 67:10). Interestingly, Rav Yosef
Karo, unlike Rash, does not mention this practice of
Spanish Jewry.
In the nineteenth century, however, Ashkenazic Jews
once again began observing Shemitat Kesafim. First, the
Pitchei Teshuvah (C.M. 67:1) refers to the Ashkenazic
practice as an extraordinary leniency and notes that the
various justifications offered for this practice are hardly
convincing, concluding that a God-fearing individual
should observe Shemitat Kesafim. Even the Aruch
HaShulchan, who most often vigorously defends
commonly accepted practices, urges a God-fearing
individual to observe Shemitat Kesafim, and he
emphasizes that it is very simple to do so, since one merely
has to execute a Prozbul to collect his loans after the
by Rabbi Chaim Jachter
Shemitah year; moreover, he notes that Shemitat Kesafim
is observed in many places, especially throughout
Introduction
Lithuania.
Since the conclusion of the Shemitah year is imminent, we
Today, all observant Jews observe Shemitah, perhaps
shall devote this weeks discussion to Shemitat Kesafim and due to our heightened awareness of it as Israel occupies
Prozbul, and discuss whether Shemitat Kesafim today is a Biblical such a major part of our conscience. Moreover, the
obligation, a rabbinical obligation, or perhaps not an obligation at Mishkenot Yaakovs defense is that the rabbinic obligation
all. We shall also discuss Hillels Takkanah (rabbinical enactment) applies only when there are expert Batei Din and many
of Prozbul, some details regarding how to execute this document, Jews living in Israel. He writes that nowadays (in the
and what to do if one did not sign a Prozbul.
nineteenth century), Because of our many sins, the land is
destroyed and foreigners rule over it, few people live there,
Shemitat Kesafim Is There an Obligation to Observe this Mitzvah there is no plowing or planting [performed by Jews]; how
Nowadays?
can we say that there is any observance of Shemitah?
The Torah (Devarim 15:1-12) teaches that loans are cancelled Since this justification is, Baruch Hashem, no longer
at the conclusion of the Shemitah year. After the year has passed, relevant, there is greater motivation to observe Shemitat
lenders are forbidden to demand payment from borrowers. Kesafim properly, especially due to its easy execution.
Rambam (Hilchot Shemitah VeYovel 9:2) and the Shulchan Aruch
(Choshen Mishpat 67:1) rule that Shemitat Kesafim today Implementing Shemitat Kesafim
We should note some Halachot regarding Shemitat
constitutes only a rabbinic obligation, as Shemitat Kesafims
mandate is integrally linked with the Yovel (Jubilee); therefore, Kesafim. First, only loans that are due before Shemitahs
Shemitat Kesafim applies only when the majority of the Jewish completion are cancelled by Shemitat Kesafim (Shulchan
People reside in Eretz Yisrael, as does Yovel (see VaYikra 25:10). Aruch C.M. 67:10 and see Teshuvot Yechaveh Daat 4:62).
Accordingly, Shemitat Kesafim might become, once again, a Second, Rambam (Hilchot Shemitah VeYovel 9:4) and the

Shemitat Kesafim and Prozbul

Shulchan Aruch (C.M. 67:30) permit one to demand payment of the

loan until the last moment of the Shemitah year. Rash (Gittin 4:18)
and the Tur (C.M.67), however, believe that even though loans are
canceled only at the Shemitah years conclusion, a lender is
forbidden to demand payment of a loan from the beginning of the
Shemitah year; therefore, they assert that one cannot write a
Prozbul once the Shemitah year has begun. Lubavitch Chassidim
follow the Shulchan Aruch HaRavs recommendation (Hilchot
Halvaah 36) to write a Prozbul before the Shemitah years advent;
however, the Beit Yosef (C.M. 67 s.v. VeEin Kotevim) records that
the commonly accepted practice is to write a Prozbul only at the
Shemitah years end. The Chatam Sofer (Teshuvot C.M. 50) affirms
the latter practices validity to a student who wished to write a
Prozbul before the Shemitah years advent. He records that his
eminent Rebbe (Rabbinical mentor), Rav Natan Adler, did not
write a Prozbul before Shemitah, as the vast majority of Rishonim
reject Rash and the Turs opinions. Rav Ovadia Yosef (Teshuvot
Yechaveh Daat 4:62) concludes that one should follow the
common practice to write a Prozbul only at the end of the Shemitah
year.
The Mishnah in Sheviit (10:8) teaches that if a borrower wishes
to repay the loan after the conclusion of the Shemitah year, the
lender should state Meshameit Ani, which means either I cancel
the loan, or the loan is cancelled. (For further discussion of the
true definition, see the Mordechai, Gittin 380.) If the borrower
states that he wishes to pay, even if he is not mandated to do so,
the lender may accept the money if the borrower gives it as a
present (see Shulchan Aruch C.M. 67:36). The Mishnah (Sheviit
10:9) praises a borrower who returns a loan after Sheviit as one
with whom the spirit of the Rabbis is pleased. This means that
he acts in an ethical manner and not merely in accordance with the
stringent letter of the law. This is an example of what Rav Yosef
Dov Soloveitchik taught (cited by Rav Walter Wurzburger in
Ethics of Responsibility p.32), Halachah is not a ceiling but a floor.
For an explanation of why it is proper to repay the loan if possible,
see Rav Elchanan Samets Iyunim BeParashiyot HaShavua,
Volume one, Parashat Reeih.
Prozbul
The Mishnah (Sheviit 10:3) records that Hillel the Elder
devised the Prozbul document to facilitate the collection of loans
after the conclusion of the Shemitah year. The Mishnah records
that his motivation was that people refused to extend loans
towards the end of the Shemitah year, in violation of the Torahs
explicit order against this (Devarim 15:9). The Gemara (Gittin 36a)
asks how Hillel could abrogate a Torah law. Abayei responds that
Hillel was able to do this because Shemitah observance today is
only a rabbinic obligation. Indeed, Rambam (Hilchot Shemitah
VeYovel 9:16) writes that when Shemitat Kesafim will again be a
Torah obligation, a Prozbul will no longer be effective. Raavad (ad.
loc.), however, follows Ravas opinion that Prozbul can be effective
even when Shemitat Kesafim is a Torah obligation, due to Beit
Dins ability to declare someones possessions ownerless. Hence,
although on a Torah level the borrower does not owe money, the
Torah authorizes Chazal to transfer the value of the loan from the
borrower to the lender. We should note that Tosafot (Gittin 36a s.v.
Mi Ikka) understand Rava very differently than Raavad does.
A Prozbuls Mechanics
The Prozbuls mechanism (according to Rashi, Makkot 3b s.v.
Moseir Shetarotav; see Tosafot ad. loc. s.v. HaMoseir Shetarotav) is
that one transfers authority to the Beit Din to collect his loans. The

lender does not violate the prohibition to collect his loans after
Shemitah has passed, because fundamentally, Beit Din collects the
loan, and the lender merely acts as Beit Dins agent to demand
payment of his loans. The prohibition to demand the loan after
Shemitah applies only to an individual, not to Beit Din.
There are two ways to execute a Prozbul (see Shulchan Aruch
C.M. 67:21, Aruch HaShulchan C.M. 67:10, and Rav Ovadia Yosef,
Teshuvot Yechaveh Daat 2:63). One alternative is for a lender to
appear before Beit Din and declare that he submits all of his loans
to Beit Din. A second alternative is for the lender to appear before
two individuals and inform them that they are witnesses to the
transfer of his loans to a particular Beit Din, and the named Beit
Din need not be present in order to execute a Prozbul in this
manner.
The Shulchan Aruch and Rama (C.M. 67:18) disagree over the
composition of a Beit Din for the purpose of a Prozbul. The
Shulchan Aruch requires that it be a Beit Din of eminent stature
whose members are experts in general Halachah, specifically
authoritative regarding Prozbul laws, and whose expertise is
recognized by the local community. Rama, however, rules that any
Beit Din can write a Prozbul. Accordingly, Ashkenazic Jews often
assemble an ad hoc Beit Din of three observant males to execute a
Prozbul before them. Rav Ovadia Yosef (Teshuvot Yechaveh Daat
2:63) writes that it is proper for Sephardic Jews to execute a Prozbul
before witnesses which states that the lender submits his loans to a
Beit Din Chashuv (of eminent stature). It is far easier to find a Beit
Din Chashuv to mention in the Prozbul than to assemble an actual
Beit Din Chashuv before whom to execute the Prozbul.
Conclusion
Shemitat Kesafim is especially easy to execute nowadays, as
Prozbul forms are available on the Internet. Forms are available on
The Rabbinical Council of Americas website: www.rabbis.org.

Editors-in-Chief: Hillel Koslowe, Yehuda Koslowe

Executive Editor: Yosef Kagedan
Publication Editors: Moshe Davis, Tani Greengart,
Binyamin Jachter

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Segal

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