Parshat Ki Tetze

14 Elul, 5776/September 17, 2016

Vol. 8 Num. 4

This issue is sponsored by the Goldman Family in memory of Mr. Jeffrey Goldman zl,

Shiluach HaKeinA lesson in what, exactly?

This weeks parshah includes the
mitzvah of shiluach hakein, the
sending away of the mother bird. The
Torah tells us that if one encounters a
nest of eggs or chicks which he desires
to take, he must first send away the
mother bird, if she is present. Midrash
Rabbah records that this mitzvah
exemplifies the merciful ways of G-d.
Just as G-ds mercy devolves upon
man, so too does His mercy devolve
upon animals And just as G-d has
granted mercy to animals, so too is He
filled with mercy for birds as it is said,
When you encounter the nest of a bird
before you. (Devarim Rabbah 6:1)
This assertion of the midrash is
echoed by many medieval
commentators, though they provide a
range of explanations for it. Rambam
(Moreh Nevuchim 3:48) suggests that
the Jew is being engaged as an agent
of G-ds mercy towards the bird, while
Ramban (to Devarim ibid.) argues that
the mitzvah teaches the Jew to be
merciful himself (Ramban to Devarim
ibid.).
This midrashs perspective, however, is
at odds with a mishnah in Berachot
(5:3) which states: The one who [leads
the prayer service and] says Your
mercy reaches even to the birds nest
is silenced. Seemingly, the prayer
mentioned in the mishnah expresses
precisely the same sentiment as the
midrash quoted above. Why then is its
speaker silenced? The Talmud
(Berachot 33b) cites two explanations
of this halachah. One amora holds this
prayer is inappropriate because it
arouse s je al ousy am ongst the
creatures of the world; another posits
that it makes the commandments (see

Rashi s.v. midotav) of G-d seem like

[they are based in] mercy when in fact
they are simply decrees. Rambam
(Commentary to the Mishnah Berachot
5:3) implies that we follow the latter
explanation, notwithstanding what he
wrote in the Moreh Nevuchim above.
Thus, a contradiction arises between a
midrash and a mishnah. Several
answers have been suggested. Some
deny that this midrash presents a
complete perspective (see Hon Ashir to
Berachot 5:3). Others argue that this
midrash is operating only within the
other view in the gemara, that speaking
this way is problematic because it
would arouse jealousy amongst other
creatures of the world, which does not
deny the accuracy of the mercy
explanation (see Moreh Nevuchim,
ibid.).
Perhaps this contradiction is indicative
of a certain approach to identifying the
reasons which underlie mitzvot. In The
Halakhic Mind (pages 91-94), Rabbi
Soloveitchik outlines the pitfalls of
asserting exhaustive reasons for various
mitzvot as the Rambam attempts to do
in the Moreh Nevuchim. Instead, citing
other writings of the Rambam, he
suggests it is more effective to assume
that at their core the mitzvot remain
inscrutable, and that we observe them
because they are Divine decrees.
However, the subjective experience
engendered by actually doing the
mitzvot also gives rise to new
understandings about their purpose.
These hints may not lay claim to being
the absolute reason behind a mitzvah,
but they are certainly part of its
purpose.

Adam Friedmann
Rabbi Soloveitchiks distinction allows
us to make our own with regards to
shiluach hakein. At its core, all agree
that mitzvahs purpose cannot be
known. The text of the Amidah was
authored by our Sages to be precise and
accurate. Therefore, implying, in the
course of tefillah, the incorrect notion
that shiluach hakein is essentially about
mercy is not appropriate. This does not
mean that the mitzvah, as experienced
thr ough lear ning i ts l aws and
performing them, does not teach us new
lessons about being merciful. These
hints are valid and very real parts of
the Torahs educational goals for us. It
is this latter facet of the mitzvah which
is reflected in the midrash.
Rabbi Soloveitchiks distinction can also
be readily applied in our respective and
collective quests for religious growth.
We are encouraged to consider carefully
our own encounters with the mitzvot,
and the meaning and messages they
impart upon ourselves and
communities. At the same time, these
lessons need not form the core of our
commitment to a halachic lifestyle. We
can recognize that at a basic level we
are simply bound by Divine decree.
afriedmann@torontotorah.com

OUR BEIT MIDRASH

ROSH BEIT MIDRASH
RABBI MORDECHAI TORCZYNER
SGAN ROSH BEIT MIDRASH
RABBI JONATHAN ZIRING
AVREICHIM
ADAM FRIEDMANN, YARON PEREZ
WOMENS BEIT MIDRASH
MRS. ORA ZIRING, MRS. ELLIEZRA PEREZ
CHAVERIM ISAAC BUSHEWSKY, EZER DIENA, NADAV GASNER, RYAN JENAH, SHIMMY
JESIN, ELISHA KELMAN, BJ KOROBKIN, AVI MENZELEFSKY, ZACK MINCER, MOSHE
OSTRIKER, RONI PEREZ, YOEL RIABOY, MORDECHAI ROTH, EZRA SCHWARTZ, DAVID
SUTTNER, EZRA TANKEL, DAVID TOBIS, DAVID ZARKHINE

We are grateful to
Continental Press 905-660-0311

Book Review: Out of the Depths

Hebrew:
English: Out of the Depths
Rabbi Yisrael Meir Lau
Sterling (English 2011)
The Book
Rabbi Yisrael Meir Lau was Israels
Ashkenazi Chief Rabbi from 1993-2003;
today, he is the Chief Rabbi of Tel Aviv,
as well as the Chairman of Yad
VaShem. He was awarded the Israel
Prize in 2005.
The original Hebrew edition of Out of the
Depths was written for the sixtieth
anniversary of the liberation of
Buchenwald. It is autobiographical,
depicting Rabbi Laus childhood in the
shadow of the Holocaust: his birth on
the way to Buchenwald, his life in the
camp, and his journey to Israel. The
latter part of the book includes stories
from Rabbi Laus adult life,
demonstrating the influence of his
childhood experiences.
The Hebrew Title
The name of the Hebrew edition, Do
not send your hand against the child,
comes from the story of Akeidat
Yitzchak. Avraham is holding the blade,
and at the last moment he hears the
malach of G-d call out with those

Yaron Perez

words, commanding him not to

slaughter Yitzchak. Rabbi Lau chose
this name to reflect a time when
everyone stood in the shadow of death.
Lulik, as Rabbi Lau was known as a
child, sensed that he was always
beneath the blade, as people around
him disappeared and were killed.
Thank G-d, he survived, and he
i den ti fie d h i s e xper ien ce wi th
Yitzchaks last-minute rescue. Of
course, these experiences scar the
spirit, and their influence upon the
authors life, as a father and a rabbi,
was deep.
The goal of the book
Rabbi Laus goal is to express the story
of the Jewish people as he lived it, and
through this to both move and educate
the reader. He turns to the readers
feelings, with the story of little Lulik,
lost in the great world and under
attack. At the same time, he attempts
to teach the lessons he learned as an
adult, light-years from his place of
birth.

The impact of the book

In my humble opinion, the success
and impact of this book has extended
to the broader community, and not
only observant Jews, or people with
knowledge of the Holocaust. Rabbi Lau
successfully introduces the reader to
observant Jewish life and the religious
experience, enabling everyone to
connect. This exceptionally moving
book, with its many life lessons, is
written in a clear, easy to read style; it
is highly recommended, and not only
for Yom haShoah.
yperez@torontotorah.com

Rabbi Lau tries to offer a unique angle

on the Holocaust not only the war,
and not only the massacre of the
Jewish people, but the lives of Jews
themselves. He wants the reader to

Israels Rabbis: Rabbi Shear Yashuv Cohen

Rabbi Eliyahu Yosef Shear Yashuv Cohen
B. Jerusalem, 1927 / D. Haifa, 2016
Ashkenazi Chief Rabbi of Haifa, 1975-2011

Rabbi Mordechai Torczyner

to the Vatican and Islamic agencies. In 2008, he lectured
before the International Catholic Church Synod in Rome.

Biography
Rabbi Eliyahu Yosef Shear Yashuv Cohen was born to
illustrious parents: his father, the Nazir of Jerusalem, was
a 17th generation rabbi and close student of Rabbi Avraham
Yitzchak Kook, and his mother, Sarah Etkin, was a founder
of the forerunner of the Emunah organization. It is said that
young Eliyahu Cohen would play violin for Rabbi Kook when
he visited.
Rabbi Cohen was raised with the practices of a nazir. As a
student at Yeshivat Mercaz haRav, he joined the resistance
against the British Mandate, with the approval of his
teachers. At this time, he was released from the nazirs
prohibition against cutting his hair, reportedly to facilitate
his Resistance activities. He continued to abstain from wine,
though, and he was a vocal vegetarian.
During the War of Independence, Rabbi Cohen defended
Jerusalem and Gush Etzion; he was severely wounded, and
imprisoned by the Jordanians. After his liberation, he served
seven more years, and then went on to hold various positions
in the IDF rabbinate, including Chief Rabbi of the Air Force.
In the 1960s, Rabbi Cohen served as Deputy Mayor of
Jerusalem. In 1975, he was appointed Chief Rabbi of Haifa;
he also headed the Harry Fischel Institute for Talmudic
Research and Torah Law. He served three consecutive terms
on the Board of Governors of the University of Haifa.
Rabbi Cohen was known for interfaith dialogue, as a delegate

understand the religious Jewish

experience of that time. The book
touches on family issues and religious
issues which only indirectly tie in to
the Holocaust. Some of these passages
will be foreign to people who do not
live as part of the religious community,
but Rabbi Laus flowing, clear
language will enable any reader to
connect.

Legacy
Rabbi Cohen represented the philosophical school of Rabbi
Kook, and its dati leumi blending of Judaism and
nationalism. He was a staunch Zionist, even wearing his
IDF uniform for his wedding, and he led an institute
promoting study of the Jerusalem Talmud as the Talmud of
Eretz Yisrael. A vocal opponent of the 2005 Disengagement,
Rabbi Cohen declared that its engineers would never be
forgiven, not in this world and not in the next.
Rabbi Cohen was a major link to the great Torah sages of
the early State; he studied under Rabbi Zvi Yehudah Kook,
Rabbi Yaakov Moshe Charlap, Rabbi Yitzchak Herzog, and
Rabbi Isser Yehudah Unterman. He was also one of the
inspirations for Yeshivot Hesder, which blend yeshiva study
with military service. At the same time, Rabbi Cohen was
driven to connect with all Jews; in a 1975 editorial, he
wrote, To be an effective spiritual leader in this generation
the rabbi must possess three qualities: the ability to
enlighten and to make oneself heard, and warmth of spirit.
Yona Yahav, mayor of Haifa, said, He knew how to turn
religion into a bridge between different segments of the
population, Jews and non-Jews as one.
An English translation of Rabbi Cohens biography is set to
be published in 2017 (Between War and Peace).
Recordings of his classes are available at http://

bit.ly/2c89sjN .

torczyner@torontotorah.com

Visit us at www.torontotorah.com & www.facebook.com/torontotorah

Biography

Torah and Translation

Rabbi Yaakov Emden

Drinking in a Coffee House

Rabbi Yair Manas

Rabbi Yaakov Emden, son of Rabbi Tzvi
Ashkenazi (Chacham Tzvi), was born on
June 4, 1697, in Altona. Altona, located
in present-day Germany, was then a
Danish harbour town. Jews were not
permitted to live in Hamburg, Germany,
and they instead settled in Altona. Rabbi
Emden passed away in 1776.
Rabbi Emden studied Talmud with his
father until he married, and he became
expert in philosophy, kabbalah, and
grammar. Other than serving as Rabbi of
Emden, Germany for a short period,
Rabbi Emden did not work professionally
as a rabbi; he dealt in jewelry, and later
in life he operated a printing press.
Rabbi Emden is known for the more than
thirty books he wrote and published,
including the Sheelat Yaavetz collection
of responsa, and Mor UKtziah on
Shulchan Aruch. Beyond his writing,
though, Rabbi Emden is known for his
controversies. Among Rabbi Emdens
more controversial opinions are claims
that Maimonides did not write the Guide
for the Perplexed - because of seemingly
heretical ideas contained therein - and
that the Zohar was a forgery. Also, Rabbi
Emdens opponents accused him of
deviating from the common text in the
siddur that he published.
Arguably, Rabbi Emden is best known
for his conflict with Rabbi Yehonatan
Eybeschutz, in which he accused Rabbi
Eybeschutz of following the false
messiah, Shabbtai Zvi, a charge that has
been much debated without any
definitive conclusion.
ymanas@gmail.com

Call our office at: 416-783-6960

Rabbi Yaakov Emden, Sheeilat Yaavetz 2:142

Translated by Rabbi Jonathan Ziring
[A response after being challenged for
drinking in a coffee house in London]

,
.
.

.

I hereby stand and cry out that I have

been defeated and all I can do is admit
the truth that something imperfect has
come out from my hands. What I did, I
did for myself, and future students shall
not drink. And those who saw what I did
should not do like me. I regret what
happened originally, because of a
different spirit that is in me now.

,
.
.

,
,
.

For it is proper to completely forbid

drinking [coffee] in the non-Jews store,
as in Yoreh Deah 114 regarding beer.
This is even where we clearly know that it
was made without mixing in anything
else, for beer was also forbidden because
of the remotest concern [lest one drink
the non-Jews wine]. And Shulchan
Aruch ruled accordingly, forbidding drink
in their houses with regularity, even
nowadays, and especially in places where
they are lenient about non-Jewish wine,
as per Rashba there.

,
.
.
,
.

This is exactly our case, even though one

could distinguish slightly between [beer
and coffee], as shechar is meshaker
[alcohol intoxicates] as the name
implies. And one could say that it was
because of this that they were worried, as
it relates to the decrees [meant to
dissuade marrying] their daughters.
However, this is not the case with coffee
which is the opposite as it is made to
weaken the effects of wine. It clears ones
mind from the drunkenness of wine.

,
,
.
,
,




.
.

Nevertheless, it is more likely that they

did not distinguish [between coffee and
beer], and the prohibitions were lumped
together, forbidding all drinks even
bread and cooked foods were forbidden
for this reason, and their decrees are not
cancelled except under extenuating
circumstances, even when drunkenness
and its related problems are not relevant.
And if in their times they were stringent
even for second-order decrees, because
we tell the Nazirite, Go away, then in
our generation, as it is obvious that the
generations have not improved, how
much more do we need to increase
decrees like this, to fence in the breach,
so that they wont turn their eyes to the
daughters of the land. Therefore, from
now on it is clear in my eyes that it would
be proper and correct to be stringent on
them for all similar things. And this is
Talmudic law.

The 613 Mitzvot: #538, 539: Lost and Found

Devarim 22:1 commands, You shall not see your brothers
straying ox or sheep and ignore them; you shall return them
to your brother. The Torah continues to spell out the
procedure for returning lost property; Sefer haChinuch
counts the mitzvah of restoring property as Mitzvah 538,
and the prohibition against abandoning it as Mitzvah 539.
One may keep an item which he finds after the owner has
already abandoned hope of its return. (Shulchan Aruch
Choshen Mishpat 262:5) However, where government
regulations require returning the item, one must still return
it. (Rama Choshen Mishpat 259:7) Further, there is merit to
returning lost property beyond ones legal obligations, as a
matter of generosity. (Choshen Mishpat 259:5) Also, one is
required to return lost property where failure to return it

Rabbi Mordechai Torczyner

would disgrace the Name of G-d. (Biur haGra Choshen
Mishpat 388:77)
One who can either save his own property or save that of
someone else is entitled to choose his own property. However,
it would be better to extend ones self for others first, where
that is affordable. (Shulchan Aruch Choshen Mishpat 263:1)
The mitzvah of restoring lost property extends beyond physical
items, to include medical care. Therefore, a doctor or nurse
who is providing medical treatment is exempt from other
mitzvot, such as prayer, at that moment. (Nishmat Avraham
Orach Chaim 38:6)
torczyner@torontotorah.com

Weekly Highlights: Sept 17 Sept 23 / 14 Elul 20 Elul

Time

Speaker

Topic

Location

Special Notes

Sept. 17

BAYT Mini-Shabbaton: 5776 - The Year That Was

8:50 AM

R Mordechai Torczyner

Transgender Rights?

BAYT

Turk Beis Medrash

9:30 AM

Adam Friedmann

The Conversion Debate

BAYT

Rabbis Classroom

5:30 PM

Elliezra Perez

Prayer Under Attack

BAYT

For Women

5:30 PM

Yaron Perez

Shai Dromis Law

BAYT

Hebrew

5:45 PM

R Jonathan Ziring

Daf Yomi

BAYT

Rabbis Classroom

6:30 PM

Adam Friedmann

Pirkei Avot: Failed States

BAYT

Main shul

R Mordechai Torczyner

Gemara Avodah Zarah:

A Markolis Summary

BAYT

Simcha Suite

R Shalom Krell

Book of Shemuel

Associated North

Hebrew

After minchah
Sun. Sept. 18
9:15 AM

6 AM to MidnightThe Eighteen Hour Shiur!

Participate live at 159 Almore Ave, or watch on-line at www.torontotorah.com/eighteen
There is no charge; Roster of shiurim at www.torontotorah.com/eighteen
Mon. Sept. 19
R Mordechai Torczyner

Tefillah, Emunah, Rosh

HaShanah Week 2:
The Art of Piyut

Shomrai Shabbos

1:30 PM

R Mordechai Torczyner

The Poetry of
Rosh HaShanah, Week 2

Shaarei Shomayim

8:00 PM

R Jonathan Ziring

The Infinite Emotions

of a Wordless Sound

BAYT

8:30 PM

For men only

Tue. Sept. 20

Wed. Sept. 21
10:00 AM
2:30 PM

R Mordechai Torczyner

Prophets of Sin & Redemption

Week 3: Chanah

Beth Emeth
Location: Contact

There is a fee

info@torontotorah.com

R Jonathan Ziring

Narratives of Exodus

R Mordechai Torczyner

Shoftim: Devorahs Song

49 Michael Ct.

For women

R Jonathan Ziring

Bava Metzia, Perek 4

Issues in Onaah

Yeshivat Or Chaim

Advanced

carollesser@rogers.com

For women

Thu. Sept. 22
1:30 PM
Fri. Sept. 23
10:30 AM