Shabbat Parashat Vayakhel| 5764
Vayakhel | | 1/8/2003
Last week we brought the opinion of the Talmidei Ha’gra and the Meshech Chuchma that one can explain the differences between the command to build the mishkan and its implementation in the following manner. After the giving of the Torah and before chet ha’egel (sin of the Golden Calf), Bnei Yisrael were on a very high level, comparable to that of Adam before his sin. The chet ha’egel had a similar impact to that of Adam’s sin of the eitz hada’at.
Is there a halachic source for zoning laws that prevent turning a single family house into a multi-family house? The mishna (Bava Batra 59b) forbids one building an attic for his house and creating an entrance to it from the joint courtyard of the neighbors without their permission. The gemara (ibid. 60a) explains that it is because it can cause overcrowding in the courtyard. The Rambam, after bringing this halacha, writes (Sh’cheinim 5:9): “From here we learn that if one of the partners brought to his house people from another household, his friend can prevent him, because he causes overcrowding.”
We must understand what it means that the selected person is guilty of death. If it means that he is truly guilty, then why is it that he can be given over only to save lives? After all, non-Jewish authorities have the right to punish those who deserve it. If one learns the Yerushalmi carefully [we cannot in this forum], he sees that the person was judged for death improperly, and yet he can be given over. But what is the logic of Reish Lakish that he must been sentenced for death, if the sentencing isn’t legitimate?
This edition of Hemdat Yamim is
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).