Shabbat Parashat Tzav 5773
Tzav | 12 Nissan 5773 | 3/23/2013
There are two versions to the portion of the Seder that discusses the “bread of affliction”: “This is the bread ..”; “Like this bread …”. When Bnei Yisrael are in a time of tranquility, it is appropriate to say: “Like …,” as it serves as a reminder of what once was. In difficult times, that bread represents our present state. If we are to consider our present state, it is a wonder that we can celebrate a holiday of freedom, but we cannot push it off to some other time. The answer to our feeling is Shabbat Hagadol.
In many homes, the Seder conversation is based on children telling linguistic pilpulim and adults arguing about halacha. Yet, the Torah’s intention seems to be to extol Hashem for His greatness and kindness. What should the stress be put on?
It is forbidden to spit on Har Habayit (the Temple Mount) by comparison to shoes: If regarding shoes, which is not a matter of disgrace, the Torah says: “Remove your shoes from your feet,” spitting which is considered a matter of disgrace, all the more so that is forbidden in a holy place.
The Shulchan Aruch (Choshen Mishpat 61:13; ibid. 68:2; ibid. 45:3) and the Rama (Even Haezer 66:13) say that one is obligated by all that is written in a document signed by witnesses because witnesses would not sign if they did not see that the parties were aware of what was written in the document. The Rashba is cited as the source of this ruling, which is not a simple claim, as we will see by surveying some of his responsa, starting with the major one cited: 1) An ignorant husband said he did not understand one of the conditions in his wife’s ketuba. The Rashba quotes Rabbi Meir as saying we accept the husband’s claim. The Rashba did not like that position, as we can assume that the witnesses knew that he agreed and because according to Rabbi Meir, any agreement is vulnerable to being deemed worthless if it involves a party who can claim he is too ignorant to understand. The Rashba concludes the responsum by saying: “What can I do, for the elder (Rabbi Meir) has already ruled.” The Beit Yosef (EH 66) objects to the Rashba’s humility and accepts his stated position.
Rabanit Itah bat Chana
Mr. Shmuel ben
Rosa Shoshana Rosenhak
amongst the sick
of Klal Yisrael
This edition of
Yechezkel Shraga Brachfeld
is endowed by
Les & Ethel Sutker
Louis and Lillian Klein, z”l
A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).