Tzipiyah.com

Mr. Bitter Cheshvan

2008-10-28T12:57:00.002+02:00

The intense introspection of Elul is far behind us. The royal crowning of Hashem on Rosh Hashannah is but a distant memory. The pressure of Asseret Ymei Tshuvah has come and gone and the books of Yom Kippur have officially been closed. The sukkot have been dismantled for another long year, and our feet have healed from the joyous dancing of Simchat Torah. Yet as sad as we are to pack away our various machzorim and see the Days of Awe fade away, the change of seasons brings with it a sigh of relief. We couldn't possibly handle another barrage of huge meals, impose on another family for a place to stay, or afford to miss a single extra class. We couldn't possibly pick out another outfit, afford another trip home or stand for another moment in shul pretending we know where we are in the machzor. And it is official, as a thunderstorm rages outside, answering the tefillot of Jews all around the world, that the cold front has brought with it someone we've both been dreading and secretly anticipating: The month of Cheshvan. Mar-cheshvan. Mr. Bitter Cheshvan.

As the only month of the Jewish calendar without a holiday, the mark of the dismal beginning of winter, and a sudden return to the mundane after a period of spiritual bounty, Cheshvan doesn't have the best reputation among the other months. He represents a fall from grace – spiritually, emotionally, and physically. The flood in the days of Noah that destroyed the world happened in Cheshvan. Rachel Immenu passed away in Cheshvan. So why does our tradition say that the Third Temple in the days of Mashiach will be built in this bitter, cold and empty month?

The challenge of Cheshvan is to ground the unbelievable spiritual energy of the chaggim in our seemingly mundane physical world. The word עולם, 'world', literally means 'concealment'. In order to grant His creations the gift of free will and allow for the illusion of the existence of anything other than His All Encompassing Oneness, Hashem creates worlds of concealment. He masks Himself behind the mundane and allows for a world in which His very own creations can flatly deny His existence. And that is Cheshvan.
"בראשית ברא אלקים את השמים ואת הארץ. והארץ..."
The Torah opens by telling us that in the beginning God created the heavens and the earth. He created the spiritual realities of the universe, the happenings of the heavens, the secrets of existence, the holy, the transcendental, the beyond. And He created the earth. He created the physical world, the mundane, the imminent, the simple, the here and now. The second verse begins with the words 'והארץ'. Don't worry about the spiritual secrets, God hints to us, I'll worry about that. Your life, your existence, your Torah that I am about to reveal to you, all takes place in the physical world. Know that השמים exists, He demands, but live in הארץ.

The chaggim are over. We may remain connected, but our time of basking in perpetual inspiration has dissolved into university, work, and the challenges of every day living. There is a danger of descending into this Cheshvan-like existence and dropping all of the spiritual enlightenment we have been granted out of a fear that there is no place for it in this bitter world of gashmiut. The challenge is instead to both bring the light down and raise the world up by revealing that behind the dark, heavy rain clouds of this world of concealment exists a Light and a Truth so bright that it is only through the chessed of concealment that we can exist. Perhaps if we manage to use this month of Cheshvan properly, as a way to scratch away at the surface and reveal the hidden spirituality surrounding us, we will merit to see the Bet Hamikdash rebuilt, revealing that Mr. Bitter Cheshvan is really the bearer of the greatest spiritual gifts we could ever dream of. His storm clouds may bring darkness, but his rains bring unprecedented potential for growth.

Shana Tova!!

2008-09-28T05:48:00.003+03:00

"Five hundred twenty-five thousand, six hundred minutes...how do you measure the life of a woman or man?"

bs'd

Yes, it's so completely cliche to quote Rent, but I'm one of those people who believes that a cliche is only a cliche because it's true to life and fitting. Looking back, a year is a very long time..when you stop to think of just how many opportunities and chances to do the right thing,to make the choices and decisions that lead us closer to Hashem and the strength it takes to stay on His derech, its magnitude can be pretty overwhelming.

Being human, it's really hard to always appreciate which choice to make. We have obstacles blocking our clarity from every side- we're attacked by our yetzer hara, and are so easily sucked into choosing what's simply the "easy way out". Unfortunately, we often end up (even if inadvertently) hurting the people we love and care about along the way. I know, no matter how hard I've tried, that I have made mistakes, and there have been times when I've slipped up and made that wrong decision.I think that one of the most important aspects of tshuva is acting upon it-there's no real point in just saying you're sorry if you're just going to keep on acting the same way you did before. So now's a great time to do some introspection, and really take the time to rectify the mistakes that we have made and improve our actions and ways of behaving.

In Mesechet Rosh Hashana (perek gimmel), the Mishna discusses a few different aspects of the shofar, (which I learnt in shiur the other day with Rabbi Greenberg). It begins with conditions that need to be met for it be kosher, where it comes from, attributes of the shofar yovel vs. shofar shel rosh hashana - basically, all the technical stuff. It then moves on to a particular case of, in essence, a man walking to shul while the shofar is being blown inside. Is he yotze to having heard it?

The answer brought down is "Im Kiven libo, yotze". If he has the kavana in his heart, he's yotze. It's that simple! All we need to do is align our hearts to Hashem and truly feel that connection and devotion inside of us. My bracha to all of you is that you have a shana tova umetuka, in which we all follow the true "compass" in our hearts and have a chatima tova in sefer hachayim, blessed with hatzlocha, parnassa, briyut, ahavah, mazel and anything and everything good thing there is.

According to the Kabbalah, the shvarim represent anxiety and nervousness, while the tkiyah of the shofar is meant to offset it, to calm and reassure us. Be'ezrat Hashem, may we be zoche to feel that rachamim this year and to witness the coming of Moshiach and the rebuilding of the Beis Hamikdash bimhera biyamenu!!

May you all have a Shana Tova Umetuka and a Chatima Tova!

The Religious View of the Secular State of Israel

2008-09-16T19:16:00.000+03:00

8. The State of Israel in the Process of Redemption

This article has been written by Rav Ari Shvat (Chwat), Rosh Midreshet Tal Orot in Michlelet Orot, Elkana. He has graciously offered to share his wisdom with the readers of Tzipiyah.com, and given me a few, very powerful and all very relevant, articles to share with you. This is the last part of the second article. Enjoy!

The most explicit sources regarding the status of the modern day secular State of Israel, are in connection with her role in the process of redemption, as envisioned from the outset and passed down through rabbinic tradition.

The Maharal explains that it is possible to know how the redemption will be by looking at it’s opposite, the exile. Exile is characterized by three aspects, exile from our natural place; being scattered;[1] and servitude to another nation. Conversely, the signs of redemption are: the return to Israel; the gathering and unification of the nation; and independence.[2]

The role of independence in the process of redemption is not just a philosophical idea, rather it is also well-based in practical halachic ramifications. The Shulchan Aruch rules: “one who sees the cities of Judea in their destruction must say: ‘your holy cites have become a desert’,[3] and tear his clothes”.[4]

What is the halachic definition of “destruction” which obligates this tearing of one’s clothes? The g'mara learns about the law of tearing garments in mourning from the story of the people who came to Gedalia and tore their clothes on the “destruction” of Mitzpeh,[5] despite the fact that many Jewish residents remained there.[6] From here the achronim learn that “even if Jews live there, they are considered to be in their destruction, because Arabs rule over them".[7] Clearly, independence is seen as the opposite of ,"חורבן" "destruction", and consequently, with today's independent State of Israel, we no longer need to tear our garments.[8]

Thus, rules Rav Moshe Feinstein that “even though, through our many sins, we still have yet to be redeemed, one should not tear his clothes when he sees Yerushalayim, because, in Hashem's kindness, it has been gloriously built up, and is not under the rule of non-Jewish nations”.[9]

Can the end of the churban, independence, occur, before the arrival of the mashiach? This is also answered explicitly by the Maharal:

"And in the future, the messianic kingdom which will be re-established, will be a new kingdom, which will come out from the previous kingdom that preceded it. This is because the holy kingdom of Israel, which has an inherently G-dly level, will grow from within an unholy kingdom”.[10]

350 years before the declaration of independence of an irreligious state, the Maharal already writes about the necessity of the appearance of “an unholy kingdom”! How did he know?

His source is apparently the words of the prophet Micha who prophesies: "And you, barn of the flock, fortress of the daughter of Zion, your flock will return to you, and the first kingdom will arrive, the kingdom of the daughter of Yerushalayim".[11] The Malbim, in his commentary on this verse explains that the redemption will come in three stages, symbolized by the transition from a small and smelly "barn" to a majestic "fortress", as follows:

a. In the beginning “daughter of Zion your flock will return to you” - that the exiles will begin to be gathered. Afterwards:

b. “and the first kingdom will arrive” - a small government will be set up, which has a small amount of rule and leadership, just as the Jews had in the early days before they had a king, when they had judges leading them. After that:

c. there will be a “kingdom of the daughter of Yerushalayim” - they will have an eternal kingdom, that of the house of David, the king of mashiach will rule over this permanent kingdom.[12]

Thank G-d, we have already merited in our days to see the first two stages - the ingathering of exiles and the first government.

It should be recalled, that when the Malbim differentiates between “government” and “kingdom” this is not just because it must happen in this order (gradually). In addition, this is exactly what the Ramban prescribed - that we only have the right to appoint a “government” who is not from the tribe of Yehuda, as they do not have “the glory of kingship”.

The Netziv also makes this differentiation between “government” and “kingship” in his commentary on the verse “when you will come into the land... and you will say: I will appoint a king over me like all of the other nations... you shall surely appoint a king over yourself...”[13] There is a famous disagreement in chazal if this is a mitzva or an optional act. The Netziv explains ingeniously, that the Torah purposely leaves room for both explanations:

“’… and you will say’...it sounds like this is not a mitzva to appoint a king, rather that it is optional, like ‘and you will say: I will eat meat etc.’ On the other hand, chazal tell us that there is a mitzva to appoint a king, and if so, why does it say ‘and you will say’? It seems that because the leadership of the state differs, depending on if it is ruled according to the will of the king or by the people and their representatives. There are some nations who can not cope with having a king, and there are others which, without a king, are like a ship without a captain. (Leadership) can not be forced by a positive commandment... it is impossible to command them to appoint a king as long as the people have not decided to bear the yoke of a king , having seen the surrounding countries being run in a more proper order (written barely a century ago, the Netziv is clearly referring to democracy).”[14]

If we summarize the entire picture, we are told how the first government which comes in the wake of the ingathering of exiles (Micha) will look. It will not be a monarchy but a democracy (Malbim and Netziv), small and irreligious (Maharal and Malbim), and the kingdom of mashiach will gradually grow out from it. All of this is in addition to what we have already seen, that the major change in the days of the mashiach is independence - “the only difference between the days of mashiach and this world is the servitude to other nations”.

We will end with the words of Rav Yitzchak Herzog, the Chief Rabbi at the time of the establishment of the State of Israel, in his response to soldiers in the War of Independence:

“And there is no need to clarify that what the Rambam writes: ‘and he should know that he fights for the unification of Hashem...’, is not intended only regarding a war against the nations who decreed to make the Jews leave their religion - as he is talking even about a voluntary war, which is to extend the borders of Israel - but, as the Zohar says ‘the Torah, the Jewish people and Hashem are all one’... As much as the Jewish people, who are yearning for the unification of Hashem, will become great, especially in the land over which which Hashem constantly watches, the day will come, of which it is said ‘on that day Hashem will be one and His name will be one’,,,

And if you will say, unfortunately today there are many Jews, even in Israel, who do not follow the Jewish beliefs, do not say so, for our great teacher (the Rambam) already wrote ‘the Torah has already guaranteed that the Jewish people will repent at the end of their exile’.[15]

And in my opinion there is no doubt that the establishment of the State of Israel in the Land of Israel as a sanctuary and shelter for the Jewish people is the stage of the end of the exile, after which the redemption will arrive. And anyone who brings the end of the redemption nearer, hastens the redemption of the Jewish people, and quickens the spreading of the unity of Hashem among all of the nations of the world”.[16]

The importance of the present State of Israel, even if far from being ideal, can be summarized as follows:

1. As guaranteeing religious freedom.

2. As answering the problem of assimilation in the non-Jewish countries.

3. As the world center of Jewish atmosphere and Torah.

4. As a haven to answer the problems of anti-Semitism in exile.

5. As fulfilling the mitzva from the Torah of conquering the Land of Israel.

6. As a vital part of the redemption process.

7. As an essential framework through which the G-d of Israel is seen in the modern world. An end to the chilul Hashem of exile.

---------------------------------------------

[1] The difference between the first two aspects can be seen in the aftermath of the destruction of the first Temple, where we were exiled from Israel yet we went together to Babylon, without being scattered.

[2] Maharal, Netzach Yisrael, ch.1.

[3] Y'shayahu 64, 9.

[4] Shulchan Aruch, O. Ch. 561, 1. The reason for this unique mourning specifically regarding the cities of Judea is because as the national capitol, her fall is especially significant. This point is directly connected with our topic, proving that the fall and rise of our national independence are a central expression of whether we are in galut or ge'ula. See footnote 72.

[5] Yirmiyahu 41, 5.

[6] Moed Katan 26a.

[7]O. Ch. 561 in Beit Yosef, Bach, Magen Avraham, Taz and Mishna Brurah. See the Bach and Eliya Raba, why destruction depends on a lack of sovereignty.

[8] Unfortunately, the advent of post-Zionism has brought new phenomenon, where Israeli political leaders initiate a voluntary exile, handing over Bethlehem and part of Chevron to the terrorist Palestinian Authority. There is a difference of opinion regarding whether one must once again rend his clothes upon seeing these areas. Rav Mordecai Eliahu, Kol Tzofayich, P. VaYigash 5763 maintains that one must wrend his clothing in those specific areas for they are no longer under Israeli rule, and so I heard in the name of R. Dov Le'or, as well. On the other hand, I have heard in the name of R. Ovadia Yosef that since the Israeli army enters, raids, and arrests in those areas as they wish, it is still considered under Israeli rule and consequently, there is no need for kriya.

[9] Resp. Igrot Moshe, O. Ch. vol. iv, 70, 11.

[10] G'vurot Hashem, chap.18.

[11] Micha 4, 5.

[12]The Malbim adds that similar prophecies are found elsewhere, as well, see Y'chezkel 44, 23-24; 36, 24-25; Amos 9, 11. That the kingdom of the house of David will be revealed gradually, and that at the beginning it will only be a small state, which will progressively develop until it will be the kingdom of Hashem.

[13] Dvarim 17, 14.

[14] Elsewhere, the Netziv, Shivat Zion, see footnote 4, vol.I, p. 71, castigates those who say "it is fitting that this great thing (the redemption) should happen differently… the way they imagine it (should be), for Moshe was punished for this…".

[15] Rambam, Hil. T'shuva 7,5.

[16] Resp. Heichal Yitzchak, O. Ch. 37, 6.

Intellectual Property Law in Halacha - Part 13

2008-09-09T20:35:00.000+03:00

This is a long essay I wrote that might be of interest to you. It analyzes the place of Intellectual Property (and Copyright Law) in Halacha and ends with a discussion of relevant questions such as Downloading Music and Burning CDs. I will be posting it part by part. It's quite long but will be rewarding to those who follow it. This was Part 1. Now, this is part 2.

Conclusion

We have looked at many attempts to integrate the law of intellectual property within Talmudic Law. However, none of those approaches have protected all the rights protected by intellectual property law. Still, together, all those approaches can cover most of the rights protected by intellectual property law.

Some people will look at this fact and conclude that there is no true place for intellectual property in Talmudic Law. Others will look at this fact and argue that it shows that intellectual property is in fact in the spirit of Jewish Law.

Talmudic Law has never been a static set of rules but rather a dynamic legal system always changing and evolving. The study of intellectual property in Talmudic Law has given us an interesting look at the dynamic nature of this normative, religious, legal system.

The Religious View of the Secular State of Israel

2008-09-09T19:14:00.000+03:00

8. The State of Israel in the Process of Redemption

This article has been written by Rav Ari Shvat (Chwat), Rosh Midreshet Tal Orot in Michlelet Orot, Elkana. He has graciously offered to share his wisdom with the readers of Tzipiyah.com, and given me a few, very powerful and all very relevant, articles to share with you. This is the fifth part of the second article. Enjoy!

The most explicit sources regarding the status of the modern day secular State of Israel, are in connection with her role in the process of redemption, as envisioned from the outset and passed down through rabbinic tradition.

The Maharal explains that it is possible to know how the redemption will be by looking at it’s opposite, the exile. Exile is characterized by three aspects, exile from our natural place; being scattered;[1] and servitude to another nation. Conversely, the signs of redemption are: the return to Israel; the gathering and unification of the nation; and independence.[2]

The role of independence in the process of redemption is not just a philosophical idea, rather it is also well-based in practical halachic ramifications. The Shulchan Aruch rules: “one who sees the cities of Judea in their destruction must say: ‘your holy cites have become a desert’,[3] and tear his clothes”.[4]

What is the halachic definition of “destruction” which obligates this tearing of one’s clothes? The g'mara learns about the law of tearing garments in mourning from the story of the people who came to Gedalia and tore their clothes on the “destruction” of Mitzpeh,[5] despite the fact that many Jewish residents remained there.[6] From here the achronim learn that “even if Jews live there, they are considered to be in their destruction, because Arabs rule over them".[7] Clearly, independence is seen as the opposite of ,"חורבן" "destruction", and consequently, with today's independent State of Israel, we no longer need to tear our garments.[8]

Thus, rules Rav Moshe Feinstein that “even though, through our many sins, we still have yet to be redeemed, one should not tear his clothes when he sees Yerushalayim, because, in Hashem's kindness, it has been gloriously built up, and is not under the rule of non-Jewish nations”.[9]

Can the end of the churban, independence, occur, before the arrival of the mashiach? This is also answered explicitly by the Maharal:

"And in the future, the messianic kingdom which will be re-established, will be a new kingdom, which will come out from the previous kingdom that preceded it. This is because the holy kingdom of Israel, which has an inherently G-dly level, will grow from within an unholy kingdom”.[10]

350 years before the declaration of independence of an irreligious state, the Maharal already writes about the necessity of the appearance of “an unholy kingdom”! How did he know?

His source is apparently the words of the prophet Micha who prophesies: "And you, barn of the flock, fortress of the daughter of Zion, your flock will return to you, and the first kingdom will arrive, the kingdom of the daughter of Yerushalayim".[11] The Malbim, in his commentary on this verse explains that the redemption will come in three stages, symbolized by the transition from a small and smelly "barn" to a majestic "fortress", as follows:

a. In the beginning “daughter of Zion your flock will return to you” - that the exiles will begin to be gathered. Afterwards:

b. “and the first kingdom will arrive” - a small government will be set up, which has a small amount of rule and leadership, just as the Jews had in the early days before they had a king, when they had judges leading them. After that:

c. there will be a “kingdom of the daughter of Yerushalayim” - they will have an eternal kingdom, that of the house of David, the king of mashiach will rule over this permanent kingdom.[12]

Thank G-d, we have already merited in our days to see the first two stages - the ingathering of exiles and the first government.

It should be recalled, that when the Malbim differentiates between “government” and “kingdom” this is not just because it must happen in this order (gradually). In addition, this is exactly what the Ramban prescribed - that we only have the right to appoint a “government” who is not from the tribe of Yehuda, as they do not have “the glory of kingship”.

The Netziv also makes this differentiation between “government” and “kingship” in his commentary on the verse “when you will come into the land... and you will say: I will appoint a king over me like all of the other nations... you shall surely appoint a king over yourself...”[13] There is a famous disagreement in chazal if this is a mitzva or an optional act. The Netziv explains ingeniously, that the Torah purposely leaves room for both explanations:

“’… and you will say’...it sounds like this is not a mitzva to appoint a king, rather that it is optional, like ‘and you will say: I will eat meat etc.’ On the other hand, chazal tell us that there is a mitzva to appoint a king, and if so, why does it say ‘and you will say’? It seems that because the leadership of the state differs, depending on if it is ruled according to the will of the king or by the people and their representatives. There are some nations who can not cope with having a king, and there are others which, without a king, are like a ship without a captain. (Leadership) can not be forced by a positive commandment... it is impossible to command them to appoint a king as long as the people have not decided to bear the yoke of a king , having seen the surrounding countries being run in a more proper order (written barely a century ago, the Netziv is clearly referring to democracy).”[14]

If we summarize the entire picture, we are told how the first government which comes in the wake of the ingathering of exiles (Micha) will look. It will not be a monarchy but a democracy (Malbim and Netziv), small and irreligious (Maharal and Malbim), and the kingdom of mashiach will gradually grow out from it. All of this is in addition to what we have already seen, that the major change in the days of the mashiach is independence - “the only difference between the days of mashiach and this world is the servitude to other nations”.

We will end with the words of Rav Yitzchak Herzog, the Chief Rabbi at the time of the establishment of the State of Israel, in his response to soldiers in the War of Independence:

“And there is no need to clarify that what the Rambam writes: ‘and he should know that he fights for the unification of Hashem...’, is not intended only regarding a war against the nations who decreed to make the Jews leave their religion - as he is talking even about a voluntary war, which is to extend the borders of Israel - but, as the Zohar says ‘the Torah, the Jewish people and Hashem are all one’... As much as the Jewish people, who are yearning for the unification of Hashem, will become great, especially in the land over which which Hashem constantly watches, the day will come, of which it is said ‘on that day Hashem will be one and His name will be one’,,,

And if you will say, unfortunately today there are many Jews, even in Israel, who do not follow the Jewish beliefs, do not say so, for our great teacher (the Rambam) already wrote ‘the Torah has already guaranteed that the Jewish people will repent at the end of their exile’.[15]

And in my opinion there is no doubt that the establishment of the State of Israel in the Land of Israel as a sanctuary and shelter for the Jewish people is the stage of the end of the exile, after which the redemption will arrive. And anyone who brings the end of the redemption nearer, hastens the redemption of the Jewish people, and quickens the spreading of the unity of Hashem among all of the nations of the world”.[16]

The importance of the present State of Israel, even if far from being ideal, can be summarized as follows:

1. As guaranteeing religious freedom.

2. As answering the problem of assimilation in the non-Jewish countries.

3. As the world center of Jewish atmosphere and Torah.

4. As a haven to answer the problems of anti-Semitism in exile.

5. As fulfilling the mitzva from the Torah of conquering the Land of Israel.

6. As a vital part of the redemption process.

7. As an essential framework through which the G-d of Israel is seen in the modern world. An end to the chilul Hashem of exile.

---------------------------------------------

[1] The difference between the first two aspects can be seen in the aftermath of the destruction of the first Temple, where we were exiled from Israel yet we went together to Babylon, without being scattered.

[2] Maharal, Netzach Yisrael, ch.1.

[3] Y'shayahu 64, 9.

[4] Shulchan Aruch, O. Ch. 561, 1. The reason for this unique mourning specifically regarding the cities of Judea is because as the national capitol, her fall is especially significant. This point is directly connected with our topic, proving that the fall and rise of our national independence are a central expression of whether we are in galut or ge'ula. See footnote 72.

[5] Yirmiyahu 41, 5.

[6] Moed Katan 26a.

[7]O. Ch. 561 in Beit Yosef, Bach, Magen Avraham, Taz and Mishna Brurah. See the Bach and Eliya Raba, why destruction depends on a lack of sovereignty.

[8] Unfortunately, the advent of post-Zionism has brought new phenomenon, where Israeli political leaders initiate a voluntary exile, handing over Bethlehem and part of Chevron to the terrorist Palestinian Authority. There is a difference of opinion regarding whether one must once again rend his clothes upon seeing these areas. Rav Mordecai Eliahu, Kol Tzofayich, P. VaYigash 5763 maintains that one must wrend his clothing in those specific areas for they are no longer under Israeli rule, and so I heard in the name of R. Dov Le'or, as well. On the other hand, I have heard in the name of R. Ovadia Yosef that since the Israeli army enters, raids, and arrests in those areas as they wish, it is still considered under Israeli rule and consequently, there is no need for kriya.

[9] Resp. Igrot Moshe, O. Ch. vol. iv, 70, 11.

[10] G'vurot Hashem, chap.18.

[11] Micha 4, 5.

[12]The Malbim adds that similar prophecies are found elsewhere, as well, see Y'chezkel 44, 23-24; 36, 24-25; Amos 9, 11. That the kingdom of the house of David will be revealed gradually, and that at the beginning it will only be a small state, which will progressively develop until it will be the kingdom of Hashem.

[13] Dvarim 17, 14.

[14] Elsewhere, the Netziv, Shivat Zion, see footnote 4, vol.I, p. 71, castigates those who say "it is fitting that this great thing (the redemption) should happen differently… the way they imagine it (should be), for Moshe was punished for this…".

[15] Rambam, Hil. T'shuva 7,5.

[16] Resp. Heichal Yitzchak, O. Ch. 37, 6.

Intellectual Property Law in Halacha - Part 12

2008-09-02T20:33:00.000+03:00

Downloading Music

Downloading music is also another very relevant instance of the problems raised by intellectual property law. This instance differs from anything we have seen since there is no tangible which is attached to the right we are protecting. There is no physical object which contains the representation of that protected right.
This makes a significant difference when looking at the problem from a property law perspective. In Talmudic law, property rights are traditionally attached to tangibles and therefore, if there is no tangible, there will not be a property right. Therefore, according to this approach, it would not be illegal, according to Talmudic law, to download music on the internet.

According to the approach based on the law of enjoyment, it would also seem to make a difference. Traditionally, the law of enjoyment applies to a situation in which one enjoys a benefit from someone’s property. Here, since there is no tangible property, this approach would not be relevant. However, as we have seen, Rabbi Zalman Nechemia Goldberg argues that this approach can be used even without a benefit from someone’s property. Rather, he argues the real deciding factor is whether the original owner spent money in the creation of the product. Since, in the case of musical productions, a lot of money is spent in creating the music, this approach, according to Rabbi Goldberg should apply.
According to the approach based on undue competition, the law could still apply and therefore this case would be similar to the other cases discussed before.
According to the approach based on Dinei Demalchuta Dina, the talmudic law would once again defer to the law of the land and depend on the law applicable in one’s jurisdiction.
The Custom of the Artists would not apply here since the person downloading music is an individual. Also, the Rabbinical Legislation would not apply (even if it existed) since this would be beyond the scope of its enactment which dealt with the copy of books.
This example goes to the core of the problem of intellectual property in Talmudic Law. Since it is not part of the original structure of Talmudic Law, the only real way to protect the right fully is by integrating it from another system of law. This poses some serious philosophical problems. It also poses practical problems since the law of Dinei Demalchuta Dina does not apply everywhere.

The Religious View of the Secular State of Israel - Part 5

2008-09-02T19:11:00.000+03:00

6. Sovereignty in the Land of Israel is a Mitzva

Up to this point, we have seen that the State of Israel, even if secular, is important as a means to guarantee both our physical and spiritual existence. On a completely different plane, we learn that there is an obligation from the Torah that the Land of Israel be under Jewish rule. In other words, the State of Israel is an ideal in of itself, not just a necessary median to alleviate the difficulties of anti-Semitism and assimilation. As the Ramban says:

“We are commanded to inherit the Land that Hashem gave to our forefathers, to Avraham, Yitzchak and Ya’acov, and not to abandon it in the hands of the other nations or to desolation. And He said to them: ‘and you should inherit the Land and settle in it, because I have given you the Land to inherit.'[1]… This is what our rabbis call milchemet… chova (an obligatory war) as the war of Yehoshua to conquer (Israel)… understand, that this mitzvah is to conquer ...this is a positive mitzva for every generation”.[2]

There are two components to this mitzva:

1. “and you should inherit”- “and not to abandon it in the hands of the other nations”, "conquer".

2. “and settle in it” - “(not to abandon it…) to desolation”.

In other words, just settling the Land of Israel is not enough, it also needs to be under Jewish rule. Similarly, Rav Yisrael Yehoshua Trunk of Kutna wrote a century ago:

“The main part of the mitzva is the inheriting and settling, as one does in his own property, to conquer the land of Israel so that it will be under our sovereignty, not the pointless arrival of today (written in 1891/ תרנ"א, when the land was under Turkish rule, A.C.)”.[3]

“All of the poskim, rishonim and achronim” (in the words of the Pitchei Teshuva)[4] maintain this mitzva of living in Israel like the Ramban. Even Rashi, who explains in his commentary on the Torah that “and settle in it” is only a promise, holds that the conquering is a mitzva,[5] as is also explicit in his commentary to the g'mara, where he defines mitzvat "yishuv Eretz Yisrael, to chase out the gentiles and settle Jews there".[6]

Even Rav Yitzchak DeLeon, who is famous for his lone (and rejected)[7] opinion that during the exile there is no mitzvah to live in Israel, would admit that in our time, with the advent of the State of Israel, it is obligatory, once again. In his opinion the Rambam does not count this as one of the 613 mitzvot because it does not apply to all the generations, and will only apply “when we will not be enslaved/subject to the other nations”.[8] If so, today, when there is once again Jewish sovereignty, the mitzva applies as it did in the period of the Tanach, even according to R. Yitzchak DeLeon.[9]
7. Independence as a Kiddush Hashem

In addition to the "technical" problems of assimilation and anti-Semitism, being subservient to the gentiles poses a theological problem, as well. We find written regarding the period of exile, "And there you will serve gods made by hand (man)", is translated by Onkelus, "And there you will serve those who serve idols".[10] The idea is clearly that if we serve those who serve other gods, we indirectly are serving those idols, strengthening the belief in those religions to be thought superior to the G-d of Israel, chalila. As the representatives of the G-d of Israel in the world,[11] the international status of Israel is a reflection upon Him, for better or worse. Not only do our individual or national actions make a Kiddush Hashem (sanctification of G-d's Name) or Chilul (desecration) Hashem in the world, but our status as seen in the eyes of the gentiles reflects and influences how they view Judaism and the "Jewish" G-d.

We find throughout the Tanach, that when Israel loses a war, the refrain of the gentiles was: "Hey Jew! Where is your G-d?![12] When the Babylonians defeated us and send us to exile, it is referred to as a Chilul Hashem, for the gentiles taunt us. "ויחללו את שם קדשי באמור להם עם ה' אלה ומארצו יצאו!", "and they defiled My Name when they are told: 'This is G-d's nation? And they were exiled from their Land!'"[13] The commentaries[14] explain: "They (Israel) humiliated My Honor. How? When their enemies said about us: their G-d wasn't capable of saving neither His Nation nor His Land!" In other words, "Our god is stronger than the Jewish G-d, for we won the war!"

The same is true regarding more modern religions, as well. Before the founding of the State of Israel, Christians often "proved" their religion based upon the doctrine of the "wandering Jew", never to return to the Holy Land, as punishment, in their opinion, for our rejection of their god/messiah. Islam, as well, likes to see their successful military campaigns as proof that "god is Muslim". Contrarily, the formidable and independent State of Israel and Israeli army's trouncing our Islamic enemies, serve as theologically problematic, to say the least, for our "monotheistic competitors".

In a similar vein, the g'mara explains the reason we don't say hallel on Purim.[15] Despite the fact that Megilat Esther concludes with the Jews enjoying even superior status in Persia,[16] nevertheless, as long as we are under foreign rule, and “we are servants of Achashverosh”, we are unable praise Hashem as if we are “servants of Hashem” (the opening phrase of hallel). Only one who has no other master, no division of loyalty between his nation and his G-d (note the case of Jonathan Pollard), can serve Hashem wholeheartedly. “Whoever lives in Eretz Yisrael is as if he has a G-d, and whoever lives in chutz laAretz, is as if he has no G-d, as it is written '…to give you the Land of Israel, to be your G-d".[17]

In Israel, our loyalty to the nation of Israel, not only doesn't contradict our faithfulness to Hashem, but on the contrary, expresses it. For example, one who gives his life for the nation is considered as if he was killed על קידוש ה', in the sanctification of G-d's Name, for they are one and the same. "ישראל ואורייתא וקודשא בריך הוא, חדש הוא", "Israel, the Torah and G-d are one and the same".[18] This parallel is even found in the Tanach, "And you shall serve Hashem your G-d and Israel His nation…"[19] Although this may sound at first blasphemous, upon understanding that Jewish nationalism and Jewish religion are intertwined, it is logical.

As we have seen, even if not faced with the dilemma of dual loyalty, the ideal of serving G-d wholeheartedly, plus the ideal of Kiddush Hashem, the positive reflection upon the G-d of Israel, are other advantages of having a strong and internationally respected independent Jewish State, albeit a non-ideal one.

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[1] Bamidbar 33, 53-54.

[2] Ramban, Additions to Sefer HaMitzvot, Aseh 4.

[3] Resp. Yeshuat Malko, Y. D. 66.

[4] Pitchei T'shuva, E. H. 75, 6. This is also the summary of the Sdei Chemed , vol. 9, pp. 182-183, in the 1967/5727 edition.

[5] Rashi on Bamidbar 33, 53.

[6] Rashi on Gittin 8b, see also on Y'vamot 64a. From his commentary on these g'marot, which are a more reliable halachic source than his commentary on the Torah, it is explicit that Rashi holds there to be an obligation to live in the Land, and a sin to live in chutz LaAretz.

[7] See footnote 50.

[8] Megilat Esther, commentary on Sefer HaMitzvot of the Rambam, additions of the Ramban, Mitzvat Aseh 4.

[9] The Megilat Esther mentions three phrases describing the period when the mitzvah will apply again as follows: "this mitzvah does not apply until the arrival of mashiach"; "when we won't be enslaved to the other nations"; "particularly in the time when the temple exists". It is not clear whether the Megilat Esther means that we explicitly need all three stages – independence, mashiach and the building of the temple –or, more likely (as is more common), he simply uses all of these expressions interchangeably in describing ימות המשיח, "the messianic period", which is already here (see the article "Atchalta DeGe'ula- Not Just Another False Messiah"). It is also more logical that R. DeLeon does not continue to prohibit mass aliya before the fulfillment of all three phrases, because the building of the temple, according to the Rambam (whose opinion R. DeLeon is explaining), is an obligation upon man to build. Accordingly, if we have independence, this is already considered "the end of days" (as we cited in the Rambam's opinion above, see footnote 35) and consequently, the mitzva of living in and conquering Israel is once again obligatory. Even though the opinion of the Megilat Esther, who disagrees with the Ramban, is explicitly rejected by the poskim (Shulchan Aruch, E.H. 75, 3; O. Ch. 248, 4; see footnote 50, and Kol HaTor, p. 534, who was angered greatly by anyone who thought to exempt himself from aliya because of this lone and rejected opinion, even calling them "m'raglim"!), we brought his opinion because of the irony, that even he, who is usually cited as the source of the anti-Zionists, today would apparently obligate aliya en masse to Israel.

[10] Targum Onkelus, Dvarim 4, 28.

[11] For example: T'hillim 148, 13, "and He raised the horn for His Nation, for Bnei Yisrael, His intimate Nation"; Dvarim 14, 1, "You are sons to Hashem your G-d"; ibid, 7, 6, and 14, 2, "G-d chose you , from among all the nations, to be His treasured Nation", Y'shayahu 43, 21, "This Nation I created for Myself, they will tell of My praise".

[12] For example, T'hilim 42, 4, "My tears were (constant) like bread day and night, when they taunt me all day, "Where is your G-d?"; ibid 137, 3, "On the shores of Babylon… our captors asked us mockingly to sing, "Sing us some of your songs from Zion; ibid, 42, 11, "… my oppressors taunted me, "where is your G-d?!"

[13] Y'chezkel 36, 20.

[14] Ibid, Rashi, Radak, Metzudot, Malbim. See the article on "The Exile-Mentality and National Pride", where we expounded upon this cardinal point.

[15] Megila 14a.

[16] Esther 8, 17, "… and many of the people converted to Judaism, for the fear of the Jews fell upon them".

[17] K'tuvot 110b based upon Vayikra 25, 38.

[18] Zohar, cited below in footnote 81. T'hilim 79; Baba Batra 10b. Even one who was passive while murdered by gentiles is considered slain על קידוש ה', Resp. Chatam Sofer, Y.D. 333; R. A. Rakeffet-Rothkoff, The 'Kedoshim' Status of the Holocaust Victims", Gesher 9 (5745), pp. 99-108.

[19] Divrei HaYamim II, 35, 3.

Parshas Re'eh: Giving to Man, Giving to God

2008-08-29T07:00:00.000+03:00

This week's parshah basically consists of an array of commandments. The parshah starts off with negative commandments; divine commands concerning actions we must stay away from. The bulk of these commandments relate primarily to idolatry, and to staying away from forbidden foods. The next half of the parshah then deals with positive commandments; divine commands concerning actions we must cling to in order to serve God. These include tithes, the sabbatical year etc.

In this second half of the parshah lies an important question whose answer contains an important value in Jewish practice.

These commandments (of this second half) begin with our obligation to bring certain gifts towards a sacred purpose. The first commandment is that of the second tithe: Basically, we are commanded to separate 10 percent of all our crops and eat them by the Holy Temple in Jerusalem (See 14:22-29).

The Torah then goes on to detail commandments directed towards what appears to be “less” of a sacred purpose. Instead of commandments that are directed "Before God" (14:23 and 26) like the tithe, these next commandments are directed towards our fellow man. For instance, the first commandment is that every 3 years, instead of using 10% of your earnings to be eaten in Jerusalem, they are given to the poor and needy. The next law is that of the Sabbatical year, which speaks of the obligation to erase any debts between a borrower and a lender. The subsequent law concerns the freeing of a Jewish slave. At the end of the slave's term, we are not allowed to just let him free "empty handed"; we have to provide him with a means of support, and give him money or part of your flock. So in essence, the Torah starts off by depicting commandments between man and God, and then evolves into a discussion concerning commandments between man and man.

But then a very strange thing occurs! The next law reverts back to a donation directed towards God! It's a commandment that requires us to donate every firstborn animal of our flock to the Temple. But this seems completely out of order because we have already discussed the gifts that are donated towards a sacred purpose (the tithe eaten in Jerusalem) and have moved onto the gifts directed towards man! Why go back? What is the meaning of this order?

The truth is, it's not really out of order. Rather, these set of laws consist of man-to-man commandments in the middle, flanked between two man-to-God commandments at the beginning and end. The reason for this is to express that the commandments directed toward our fellow man are actually at the same sacred level as the commandments directed towards God! On a simple level, this is true because since God Himself issued these man-to-man commandments, then by fulfilling them we are fulfilling God's will. But this idea goes deeper.

Our Rabbis tell us that God created "A world of kindness". The meaning behind this is as follows: If God is complete in every which way and lacks nothing, what was the reason for creating the world? If He has everything, what benefit can the world bring to Him!? Our sages explain that since God is the infinite and ultimate good, he created a world in which he can share this good with others. Therefore when we give from ourselves to our fellow man and are involved in loving and caring relationships with everyone, we are in fact emulating God, the ultimate giver! Therefore, when we give to man, we "give to God" by emulating His ways.

The world therefore can only reach its perfection when there is boundless love among mankind because it is in this state that we are closest to emulating God. It is this very state that we hope to find ourselves in the era of Mashiach (Messiah). In our daily prayers, at the end of the first blessing of the Amidah (the silent prayer), we say "U'Meivi Goel Livnei Bneihem Lmaan Shmo B'Ahava". This sentence can be translated in two ways, in which I think are in fact in tandem with one another.
The first way this sentence is described is that "(God) brings a redeemer … with love". Meaning, that no matter how much trials and tribulations we must go through in order to reach the final redemption, we must always realize that God brings along that path with boundless love.

The second way to translate the sentence is "(God) brings a redeemer … in love". This means, that God will only bring the final redemption in a status of love. God will only bring the era of the Mashiach when mankind is in a state of love with one another.

These two translations are actually one and the same, and it can be said in one simple verse: When we love each other God loves us back. God relates to us in a loving manner when we make sure to treat one another in the same degree of love as well.

May we merit to have loving relationships with all those around us, and may we be showered with God's blessings of love as well.

Good Shabbos,

NZL

Intellectual Property Law in Halacha - Burning or Copying CDs - Part 11

2008-08-28T08:30:00.000+03:00

Burning CDs
One of the most relevant instances of intellectual property in today’s world is with respect to technology which allows the copying of music CDs. Most legal systems all around the world have adapted themselves to ensure the rights of the rights of the artists would be protected. However, how would Talmudic Law relate to such an instance?

According to the approach based on Dinei Demalchuta Dina, Talmudic Law will be the same as the law of the jurisdiction in which the copying has taken place, which is different in many countries today.

According to the approaches based on both undue competition and the laws of enjoyment, burning CDs would seem to be illegal. However, in a case in which a person burned a CD that he knows he would have never bought, there would be no loss of enjoyment or undue competition. Therefore, in such a case, one might argue that these approaches would not make the copy of CDs illegal. On the other hand, since such a standard is extremely subjective, one might argue that in order to ensure one would not lie to himself and rationalize his actions

According to the approach based on property law, the same rules should be applicable whether the object in question is a CD or a book. Therefore, if a note has been placed on the CD forbidding it’s copying, it would become forbidden to copy it either because the remainder rights of the artist or because of the concept of a conditional sale.

The Custom of the Artists here could apply, according to Rabbi Batzri , to commercial sales of burned CDs. However, it would not apply to the actions of individuals.

The Rabbinical Legislation would not apply since it has never dealt with the copying of music as it was definitely not an issue at the time the Rabbinical Legislation was enacted (according to Rabbi Sofer ).

It is therefore unclear, depending on the approach one takes, burning CDs is against Talmudic Law.

Announcement - Big Changes Coming Up!

2008-08-28T00:25:00.003+03:00

Tzipiyah.com will be moving to (a) a new host and (b) a new bloggin platform.

This means a lot of changes will be coming up, with a new design and a completely new user experience.

While some changes will seem negative, overall, this change is best for the continued growth of Tzipiyah.com and for in a long term perspective.

This change means that at some time in the next few days, when we will initiate the change, Tzipiyah.com will become unavailable for a bit of time. Then, even once it is available, as we start configuring it for the best possible user experience, there will be some down times. In a maximum of 2 weeks, everything should be running smoothly with an upgraded Tzipiyah.com available for your enjoyment.

Once again, I believe this change will allow a tremendous growth for Tzipiyah.com and hope our current readers will be patient and we slowly move towards the new and improved Tzipiyah.com

Children of Israel - Part 1

2008-08-27T23:15:00.004+03:00

I found one of my favourite places in Israel today: a beautiful, massive, well-tended park. The park is liberally gifted with fruit trees, including some of the Shiv'at HaMinim, the Seven Species of produce with which the Land of Israel is notably blessed.* But besides the trees, the grass, the tranquility and the rolling masses of space dedicated to peaceful recreation and relaxation, I was most enthralled with the children.

Children are special. Or at least, children are people whose specialness easily shines outwards, whose specialness is not yet clouded by the deadening habits and ways of a society of norms, convenient character-boxing, and dismally low self-image. Children don't care what the world thinks of them. Children see the world without self-deception; they believe what they see, and they engage in it with totality. If a child is sad, he cries. If a child is happy, he dances and sings and smiles. Contrast with the world of 'grown-ups': if an adult cries, we assume there is some mortifying tragedy whose grief has caused this person to lose control. If an adult would start singing and dancing and smiling and laughing, most people would assume that he had lost his mind.

Why must it only be the children who taste life undiluted? Why must it only be the children who see things as they truly are? Why do we have to paint masks over our faces, cramp and constrict our ways, thoughts, ideas: our very souls? Why must we deaden and dull ourselves, to live emotionally constricted, experientially choked existences? We need to do some serious lightening up; we need to live with freshness, eagerness, innocent curiosity, and deep, honest passion. The child within us is still alive. Let it play! And sing and dance and cry and love and smile...

Of course, our experience and life lessons learned teach us things that children don't know, such as considering other people with more profundity and broadness, such as the necessity for rules and order and systems ('Why can't I have chocolate before I go to bed?!'), such as becoming more in touch with ourselves, with those people around us, and with G-d, such as understanding that our actions bear consequences in the world... But even so, such life's lessons don't need to weigh heavily upon us. We often get lost in the rules and systems and norms, and forget that they're only there to create order, and not to determine the very essence of who and what we are...

I love children. And when I see them, living life with no instructions or rules or restrictions on how they should feel, experience, live, I am inspired and refreshed. The children remind me to live in reality. The children inspire me to live passionately. The children remind me to throw away worry of what anyone else will think of me, but to listen to my soul, and to live, real life, like I once knew how...

So, what's special about the park; why is it now one of my favourite places? And what's special about the children of Israel? Look out for my next article in this series: Children of Israel - Part 2

Picture from here.

-------
* 'For HASHEM [G-d] your G-d is bringing you into a good land: a land of rivers of water; springs and depths coming forth in the valley and in the mountain. A land of wheat and barley, and grape and fig and pomegranate; a land of olive oil and [date] honey' - Devarim 8:7-8

אני ואתה נשנה את העולם

2008-08-27T17:59:00.001+03:00

אני ואתה נשנה את העולם,
אני ואתה ויבואו כבר כולם,
אמרו את זה קודם לפני,
לא משנה – אני ואתה נשנה את העולם.

Anyone with a solid Zionist education has, no doubt, sang this feel-good Israeli song in Hebrew class, yet as I learned it in Ulpan I began to question its legitimacy. “Me and you will change the world”, it claims. That's a pretty hefty statement, in my opinion. It assumes two axioms that need to be further developed. The first, that the world is indeed changeable. That we are not destined to live in the same world tomorrow that we live in today. And the second, that it is we who have the power to change it. That the entire world can be affected by small things – by individuals, by ideas. We, in a modern day North American culture, are certainly familiar with these empowering and optimistic ideals, but I sometimes wonder how deeply we truly understand them. More often than not, they remain cliché statements repeated during “Awareness Week” at school and “Yom Chessed” at camp, instead of becoming integrated values that we understand, never mind truths that we actually live by.

On the commentary on this week's parsha, Parshat Re'eh, we find a small-scale example to better demonstrate this concept. We are introduced to “The Wayward City”- a city so spiritually corrupt that the majority of its citizens are persuaded to worship idols. We are commanded to first investigate the situation, and if it is indeed as bad as it seems, to slaughter all the idol worshipers and to destroy along with them, all of their animals, possessions and property.

"הכה תכה את ישבי העיר ההוא...” (יג:טו) - “You shall surely smite the inhabitants of that city”

Ralbag finds an issue in the diction of the Torah – why does it say “that city” instead of “the city”? In his answer, he reveals something revolutionary. Rambam explains that after the court has established the city as a Wayward City, two Torah scholars are sent there to try and bring the people back to Hashem. Ralbag suggests that in the event that the people repent, the city need not be destroyed, because it is no longer “that city”. He comes to teach us that there are ideas in this world so powerful that they can literally change the status of an entire city. Whether a city follows in the ways of Hashem or strays after other gods is the defining question, one that identifies and characterizes the city.

Like all things in Torah, this concept manifests itself also on a personal level. When I think back to the beginning of my ba'al teshuavah process, I remember realizing that both my conception of and relationship with God were the only things that could literally effect every aspect of my life. Whether or not God exists, what type of God exists, and what, if anything, He expects from us, are questions whose answers have the power to completely change a person. My friend recently shared with me an idea she heard in a shiur from Rabbi Akiva Tatz that illustrates the same point. Rambam explains complete teshuvah, repentance, as when a person is placed in the same situation where he previously sinned, and now he chooses not to. When we are in vulnerable situations and forced to make difficult decisions, our yetzer harah and the evil forces in the world jump at the opportunity to persuade us to do wrong. After we have done teshuvah and find ourselves in the same situation again, these evil forces cannot succeed in persuading us to do evil. Rabbi Tatz explains that the reason these evil forces cannot succeed is because they cannot find us! After a complete, deep, teshuvah process, we literally become new people. The evil forces cannot find the person who sinned, because that person no longer exists – he has connected to an idea so powerful that it has effected his whole being, and he is now a new person.

As we head into the month of Elul, we are reminded that we have the power to reinvent ourselves completely. Through our honest self-introspection, our deep repentance, and our sincere desire to perfect ourselves, we can begin to see our existence in a God-context, thus leaving behind the parts of ourselves that do not fit into that picture. We see that when we attach ourselves to Hashem, as individuals, as a people, and, dare I say, as a modern state of Israel, we have the power to change ourselves, and with us, the entire world.

The Religious View of the Secular State of Israel - Part 4

2008-08-26T19:07:00.000+03:00

3. The State – An Answer to Anti-Semitism

Upon examination, we find that the Rambam, in that very source, already explains the reasoning behind the cardinal importance of having a Jewish State.[1] He points out that the battle for the establishment of the state of the Hasmoneans, was to alleviate several problems:

“… the kings of Greece issued decrees against them... confiscated their money and their daughters... And the Jews suffered greatly, and they were intensely pressured".

Under foreign rule, the danger to our physical existence as a nation was very real. We have learned from our history in exile, that a Jewish state, with a Jewish army are inevitably the only answer to anti-Semitism. On both a national and individual level, only self-reliance and self-defense enable the fulfillment of “… and you shall live by them”;[2] “do not stand by the blood of your friend”;[3] “saving Jews from an enemy who comes against them”;[4] “to save the pursued”;[5] “your eyes should not have pity”.[6] If we had had a Jewish state, the fate of European Jewry at the time of the Holocaust could have been completely different.

4. The State- Insures Freedom of Religion

The Rambam mentions an additional problem that necessitated the battle for independence: “… the kings of Greece issued decrees against the Jews and invalidated their religion, and did not allow them to observe torah and miztvot... they broke into the sanctuary and defiled the pure".

This attack on our religious freedom is not an insignificant matter, as the Rambam writes elsewhere:

“Because of this, all of the Jews, their prophets and sages, yearn for the days of mashiach. So that they will be freed from rulers who do not allow them to fulfill torah and mitzvot, and they will find rest, and advance in wisdom so that they will merit the world to come... The days of mashiach are in this world, and the world will continue as usual, only the sovereignty will return to the Jews, and our early sages have already said: “the only difference between the days of mashiach and this world is the servitude to other nations”.[7]

Here we have another reason why the modern State of Israel is vital, in that it insures religious freedom, with no fears of decrees forbidding the fulfillment of torah and mitzvot, the kidnapping of children to serve in foreign armies for decades, or persecutions forcibly converting to Christianity, Islam, or Hellenism. Although the idea of outlawing mitzvot sounds extremely outdated, until very recently in the Soviet Union, it was illegal to circumcise Jewish children or not to work on Shabbat. Although the communists claimed to grant freedom of religion, and gave plausible explanations to these prohibitions (as did the Greeks and Romans, respectively), that doesn't solve the problem!

5. The State – An Answer to Assimilation

Even today, when freedom of religion is basically a universally accepted concept, there is still a need for a Jewish State. Today, we have the opposite problem, that of "too much freedom of religion", or assimilation.

Every person is influenced by his surroundings. Accordingly, chazal instruct us: “do not befriend an evil person";[8] “woe to the wicked and to his neighbor”;[9] “even if you will give me all of the gold, silver and precious stones in the world, I will only live in a place of Torah,”[10] and more. The rate of assimilation and the percentage of intermarriage in the diaspora attest to the problem of Jews living amongst non-Jews. The fear of assimilation due to peer pressure and influence is not only an important concern,[11] but is actually cited in the Mishna Brura, “One should not live in a city where the market day is on Shabbat, as it is impossible not to sin”.[12]

From here we see the obligation to live specifically in a Jewish State, as indeed the Rambam instructs:

“Even if there were to be two Jewish states, and one of them has better deeds and is more precise in their performance of mitzvot than the other - a G-d fearing person is obliged to leave the city whose actions are worse and move to the superior city... This is true even when there are two Jewish states. But, if the place is amongst non-Jews, how much more so that a Jew who lives there is obligated to leave and go to a good place (i.e. to the only Jewish state) as David said: ‘for you have exiled me today from being in the inheritance of Hashem saying: go and serve other gods’.[13] From here we see that living amongst non-Jews is considered as serving other gods”.[14]

It is true that our state is unfortunately not living up to all of our spiritual expectations, nevertheless, there is no other place in the world where the Jewish holidays and shabbat, kashrut and the jewish customs are the state’s culture, even of the irreligious. If a Jew must choose between being embarrassed of his brit milah or a place where one is embarrassed if he is not circumcised, the preference is obvious. No other country in the world would even consider producing 300% more dairy products for the week of Shavuot, nor eliminate daylight-savings-time in order to ease the Yom Kippur fast. Thank G-d, we have merited to see the center of torah learning and the yeshivot return to Zion, fulfilling the messianic words of Yishayahu: “for the Torah will go out from Zion and the word of Hashem from Yerushalayim”.[15]

The advantages mentioned here by the Rambam, attest to the essentialness of the State of Israel, even if it were to be located in Uganda!

In this context, it is interesting to note that the earliest documented connection between the Jewish people and the nation of Khazar who converted to Judaism, is when R. Chasdai ibn Shafrut, heard a rumor of the existence of that Jewish kingdom. Immediately, he dispatched a letter to the king stating that he wanted to ascertain whether it was true, "For if I knew that it is correct, I would be disgusted with my honor and abandon my high post,[16] leave my family and hasten over the mountains, oceans, and dry land, until I arrived to your kingdom".[17]

In other words, just as we saw in the Rambam's correspondence, if there is a Jewish state, even if it were a far and difficult journey, even if it were not even in the Land of Israel, we should all be living there (if impossible to make aliya).[18] How much more so, when the only Jewish state in the world is in the Holy Land of Israel.

-----------------------------------------------------------------

[1] Rambam, Hil. Chanuka 3,1.

[2] Vaykira 18, 5.

[3] Ibid, 19,17.

[4] Rambam, Hil. M'lachim 5,1.

[5] ibid, Hil. Rotze'ach 1,6.

[6] ibid.

[7] Rambam, Hil. T'shuva 9, 2.

[8] Avot 1,7.

[9] N'ga'im 12, 6.

[10] Avot 1, 9.

[11] See, for example, G. Perl and Y. Weinstein, "A Parent's Guide to Orthodox Assimilation on University Campuses". The authors, graduate students at Harvard and MIT respectively, warn Jewish parents of the moral and spiritual corruption that awaits their children should they direct them, as is often the case, to elite secular universities.

[12] Mishna Brura 307, 16.

[13] Shmuel I 26, 19.

[14] Iggeret HaShmad, Mossad HaRav Kook, 1981/ 5741, p. 64.

[15] Y'shayahu 2, 3.

[16] R. Chasdai ibn Shafrut held a position equivalent to foreign minister and chief advisor in the court of the caliphs Abed el Rachman the III and the IV, of tenth century/4700 Spain.

[17] The entire letter is brought in the Vilna 5665/1905 edition of the Kuzari, p. 5.

[18] However, if a Jewish state existed outside of the Land of Israel, yet it is possible to live in Israel despite the absence of a Jewish state, the Rambam himself in Hil. M'lachim 5, 12 rules: "One should always live in the Land of Israel, even in a city which is mainly idolaters, and should not live outside of Israel, even in a city which is mainly Jews". In other words, the "atmosphere of the Land of Israel" is preferable over "a Jewish atmosphere". This is despite the importance that the Rambam attributes to the influence of the surroundings, as we saw in his letter, see footnote 42, and in Hil. De'ot 6, 1. It is of interest that the Rambam's source, Tosefta Avodah Zara 5, 2 and K'tuvot 110b, that the Land of Israel is more important than living in a Jewish state, is the same pasuk – "for you have exiled me…saying: go and serve other gods". Indeed, this is the original drasha on the pasuk, and not as he cites in his letter.

After Hours at the Arnona Office: When Bureaucracy Shuts Down

2008-08-26T07:27:00.004+03:00

A short anecdote and a short observation:

Anyone who has ever visited Jerusalem’s City Hall knows that they are serious about their hours. The Arnona Department, specifically, is inundated by swarms of residents eager to file for property tax discounts. Similar to many of Israel’s bureaucratic offices, it is a place no one really wants to be. And, truthfully, it doesn’t seem that they are too eager to keep anyone there. The one o’clock closing time is strictly enforced and as closing time approaches the gate abruptly closes, locking out a crowd of unhappy Jerusalemites.

Last week I was one of those unhappy Jerusalemites—on the other side of that closed gate: I wasn’t locked out; I was stuck in. The hour was after one and I was sitting on a chair waiting for my roommate to return with a document that needed to be urgently signed. The kind secretary assured me that if I remained she would allow my roommate to reenter with the necessary paperwork.

So I sat there and waited. For an hour. Alone. With nothing to do.

I glanced over at the secretary and I noticed that she was engrossed in conversation with a man who, too, remained in the room past the one o’clock closing time. I wondered what they were discussing. And then I overheard (they were speaking in audible tones): they were discussing faith. She was not religious and he was religious. Their conversation was beautiful: he was gentle and unimposing in his argument and she displayed a genuine interest. They discussed God and belief and the responsibility that duality places upon man. She questioned and doubted and wondered; and together they thought and considered and answered.

And then I realized: in that same hour that I sat there and waited—Alone. With nothing to do—those two people stood there. Together. Engaged in meaningful conversation. Her formal work hours had ended and yet she remained, curious to hear what this man had to offer. And this man, his needs fulfilled, remained, eager to speak with a stranger.

The juxtaposition of our two experiences—disparate yet connected—emphasized the power of time and the potency of human relationships. The sentiments of frustration and impatience that result from the bureaucratic system are seemingly a common experience; and yet this moment revealed its latent subjectivity. The nature of the experience is determined by the individual and his or her attitude. While time is a fleeting factor, it can be appreciated through the determined efforts of the individual to recognize and realize his or her surrounding elements.

Soon after my friend returned with the document. All that remained was for the secretary to sign the paper and enter the data into her computer. Concerned that I would interrupt her conversation, I hesitatingly handed her the paper. She took it from my hand and yet, preoccupied, continued her conversation with the man. I stood aside and smiled.

I waited patiently and watched with amusement as the guaranteed durability and strength of the bureaucratic model disintegrated. Its supposed speed and efficiency was supplanted by the instability and precariousness of human life. The reality in which genuine personalities interact exposed the human side of bureaucracy. My past experiences with Israel’s bureaucratic offices, while sociologically interesting, provided little means of personal interaction. They were either ‘do you have that document?’ or ‘please go pay this fee’ or ‘I’m sorry, you’ll need to first get a signature from that office. And, by the way, they are only open on Wednesdays’. And then a polite smile.

This time, though, there was none of that. This time, there was silence from her side, as well as mine. I was unconcerned with the delay and I didn’t mind her disregard for my needs nor her negligence of her duties. It was a simple encounter in which the efforts and concern of one stranger and one government worker exposed that which hides behind the rigidity and stiffness of bureaucracy: real people. The system often stifles the individual, prides itself on impersonability, and yet this experience allowed me to glimpse within her soul, to her concerns and worries and hopes.

While I expected myself to be frustrated and impatient, I found myself enjoying the situation. I enjoyed interacting with a real person, one whom I could appreciate and understand; I enjoyed witnessing a genuine conversation; and I enjoyed watching as she rebelled, albeit unknowingly, against the system.

And mostly, I enjoyed that it was all for the sake of Judaism. How holy.

NBN Jewish Bloggers' Conference in Yerushalayim

2008-08-26T02:54:00.003+03:00

On 20 Aug 2008, I represented Tzipiyah at the first-ever international Jewish Bloggers' Conference, organized by Nefesh B'Nefesh. NBN flew in some prominent Jewish bloggers from USA, and provided a light deli buffet, drinks and snacks (free!), and an altogether entertaining and informative evening. In truth, I expected about 20 people to show up. Over 200 people attended the conference in Yerushalayim -- Israelis and visitors with NBN -- and I'm told over 1000 people watched the live webcast over the internet. Wow!

Although I'm not a 'big macher' in the Jewish blogosphere, I did recognize some names, and it was great to see the people behind the blogs in many cases, and to meet people involved in similar or common concerns: Torah, blogging, Israel, Aliyah, computer geekery, etc.

I was proud to represent Tzipiyah at the conference, and to rub shoulders with bloggers from better known and lesser known blogs than ours. I heard about some other interesting blogs, such as Treppenwitz, Jewlicious, and WhatWarZone.

Thank you to Nefesh B'nefesh for all their effort and money spent on this wonderful event, and to the event's other sponsors, Sun Microsystems, Office Depot, IsraelMall, and WebAds.

I hope that more of our contributors will be able to participate in future events, and that blogs with positive Torah and Israel related content and messages will continue to flourish and to shine light into the face of the darkness.

Friends, as always, we need to spread as much light as possible. Today, the fight for Jewish identity is urgent; the cause is crucial. On Monday, 25 Aug (yesterday), Israel released from its jails 198 Arab terrorists, for no reason whatsoever (besides currying favour with Rice). The madness continues; in the face of it all, we need to do what we can to strengthen Jewish pride, Jewish knowledge, Jewish identity. Proud Jews stand tall, stand firm, and know without a doubt that the only One to trust, the only One to ask for support from, is the Creator Himself. Not America, not Britain, not anybody else. Only G-d.

(picture from here)

Shema Yisrael- and Come Home!

2008-08-22T21:27:00.002+03:00

As Jews, we say Shema, the declaration of our acceptance as G-d as the one and only Almighty being that created and sustains the universe, twice a day. To most people, the words probably come out robotically- who could blame them? The words are said so often that they take no thought or awareness to get out of one’s mouth!- but for those willing to open up their minds a bit, they will find powerful truths within the prayer.
Parshat Eikev contains the second paragraph of Shema within it. The paragraph discusses the great rewards in store for the Jewish nation should they keep the Mitzvot and live in the Spirit of the Torah: rain for crops, grass for cattle, food to sustain oneself, within Eretz Yisrael. However the paragraph continues, warning the Jews of the sure punishments in the event of their abandoning of G-d for idol worship: draught, famine and exile from the Land of Israel. One of the Psukim commands us:
פרק י"א פסוק י"ח: ושמתם את דברי אלה על לבבכם ועל נפשכם וקשרתם אותם לאות על ידכם והיו לטוטפות בין עיניכם"
Perek 11 Pasuk 18: You shall place these words of Mine upon your heart and upon your soul; you shall bind them for a sign upon your arm and let them be an ornament between your eyes.

Rashi comments on the words “Visamtem et divarai,” You shall place these words of Mine, and says something that seems to be extremely problematic:
אף לאחר שתגלו היו מצויינים במצוות, הניחו תפילין עשו מזוזות, כדי שלא יהיו לכם חדשים כשתחזרו....
Even after you are exiled, you must distinguish yourselves by performing Mitzvot, set the Tefilin in place, affix the Mezuzot, so that they do not seem novel when you return.
Rashi takes this Pasuk as a commandment to continue with the Mitzvot of Tefilin and Mezuzot during the exile for the purpose of remembering them for when we return to Eretz Yisrael. This is the problem: All Mitzvot can be divided into 2 categories- Chovot HaGuf and Chovot HaAretz- Mitzvot done always, regardless of a person’s location, and Mitzvot only done when one is in Eretz Yisrael. Tefilin and Mezuza are both Chovot HaGuf- done regardless of location- yet Rashi’s rationale only makes sense if the Mitzvot are understood to be Chovot HaAretz- dependant upon being in Eretz Yisrael.
Other commentators try to grapple with this problem. Ramban, Nachmanidies, comments on this and says:
המצות האלו חובת הגוף ולא חובת הארץ. יש במדרש הזה סוד עמוק שאני כבר רימזתי עליו בויקרא.
These Mitzvot are done regardless of location and are not dependant upon being in Eretz Yisrael. This midrash contains within it a deep secret to which I already hinted in (sefer) Vayikra.
Ramban does not elaborate on the nature of this deep secret. Lucky for us, the Maharal MiPrague, in his sefer, Gur Aryeh, does. He first gives a very technical answer, which I will not discuss here, but then offers clarification to the words of the Ramban, and in doing so, sends us a very powerful message.
To understand the Maharal’s answer, we must first quickly learn the Midrash in Sifri that Ramban was talking about, and upon which Rashi based his comment. The Midrash gives us an allegory of a king who exiles his wife to her father’s home but commands her to continue wearing her royal jewelry so that she will not forget what that is like when he calls her to return to him as his queen. Now, the Maharal’s answer. The Maharal states that Ramban referred to the Torah as “Mishpat Elokei Ha’Aretz,” G-d’s laws for the Land (of Israel). This explains why the Avot only kept the Torah within the Land of Israel (The classic example of this being that Yaakov marries two sisters, Rachel and Leah, which is forbidden, outside of Israel. As soon as they return to Israel, Rachel dies in childbirth.). Now, every Mitzva that is Chovat HaGuf is still a commandment that Bnei Yisrael must uphold, even though it is not so proper to be doing Mitzvot outside of Israel, because the Torah is “Mishpat Elokei Ha’Aretz.” However, G-d had to command us in the upholding of these Mitzvot in Chutz La’Aretz because, otherwise, Bnei Yisrael will surely forget the Mitzvot and would need a second giving of them- a second Matan Torah- upon their return to Eretz Yisrael, which will never happen- there can never be a second giving of the Torah, the first one is always valid.
Now, let’s go back and answer everything. Rashi takes this Midrash and compares Bnei Yisrael to the exiled queen, the Mitzvot to her jewelry and of course, the king to G-d. The comparison would have fit if not for the fact that the Mitzvot Rashi uses, Mezuza and Tefilin, are Mitzvot we have to uphold everywhere we are, even in Galut. So the Maharal solves this problem by explaining to us that the Torah and her Mitzvot are ideally meant to be kept in the Land of Israel, and the only reason we have Mitzvot Chovot HaGuf is so that we will remember how to keep the Mitzvot when we return to the Land of Israel!
I believe that anyone who has paid attention will see that the Maharal is correct. When I am in Chutz La’Aretz, my tefilla is only half-there. I can close my eyes to try and shut out the world around me, but I am still too aware of myself and my surroundings to be totally absorbed in what I’m saying. Yet when I’m in Israel, I can connect to the words I’m saying in such a natural way- and my surroundings add to it! It’s an absolutely beautiful experience.

May we all soon see the day when we are all fulfilling the Mitzvot in their, and our, true home. Amen!

Shabbat

2008-08-22T19:28:00.005+03:00

(Adapted from "Shabbos in my Soul by R'Boruch Leff)
We all know the famous Midrash where Shabbos came before Hashem and complained that it doesn't have a partner when every other day of the week does; Sunday has Monday, Tuesday has Wednesday, Thursday has Friday. But what about Shabbat? So Hashem answered that Shabbat has Am Yisrael, the Jewish people!

What exactly does this mean? The thing that gives any day value is the fact that there's a tomorrow. I do something to bring along a result. I study to get a job. I get a job to pay bills. If there was no tomorrow, I wouldn't do anything today. So each day has value, which is why Shabbat complained because then it would have no value because it doesn't have a tomorrow, a pair. But Hashem answers that Shabbat's partner is much more elevated. Shabbat is a completely spiritual day and it is designed to fulfil Am Yisrael's need for spirituality.

In that case, then, let us use this Shabbat and indeed every Shabbat in its intended purpose; to reach spiritual heights when we might not have as much chance during the week when we are working towards physical stability. Our actions and speech should be elevated and we should only have in mind Hashem's kedusha.

Shabbat shalom

Parshat Eikev: The Source of our Sustenance

2008-08-22T07:51:00.002+03:00

Among the many deep facets of this week’s parshah, there’s an idea that is worth noting. In the Talmud (a record of rabbinic discussions pertaining to Jewish law, ethics, customs and history) we find a discussion concerning Rosh Hashannah. An opinion in the Talmud states that Rosh Hashannah is designated as the new year for judgement; meaning, that at the beginning of the year (on Rosh Hashannah) heavenly judgement is already issued regarding what will occur in the (upcoming) year’s end. The Talmud brings a verse from the Torah to solidify its statement:

“…from the beginning of the year until the end of the year.” [Deutoronomy: 11: 12]

The Talmud understands this verse to mean that Hashem (God) will decide, from the year’s onset, what will befall the whole world (*See footnote*) throughout the entire year until its end.

The above verse is actually quoted from our week’s Torah portion, and if one were to examine it a bit closer (note that the Talmud only quoted half of the verse) a serious question may arise.

The verse reads in full:

“[Israel is] a land that Hashem, your God, seeks out; the eyes of Hashem, your God, are always upon it, from the beginning of the year until the end of the year.” [ibid.]

As can be seen, the verse is talking about how God’s supervision over the land of Israel is constant, ongoing throughout the entire year. So the obvious question is: Why is this verse the source for judgement on Rosh Hashannah for the entire world? Furthermore, the verse appears to have nothing to do with the concept of Rosh Hashannah or judgement what so ever!

A possible answer to this question is that the heavenly decree that is issued forth for the entire world on Rosh Hashannah is dependant upon Israel’s status. If, for instance, the land of Israel isn’t in its proper state and is not holding on a sufficient level of holiness, the entire world will suffer. The holiness that is imbued within our source of nourishment will be tainted if the land of Israel is lacking in spiritual completion.

This is in fact why the blessings we recite after eating include a considerable section involving a relationship to the land of Israel and the Holy Temple in Jerusalem. After eating, at one point we’ll recite thanks to Hashem for providing us with the food we just consumed, but then all of a sudden we find ourselves asking God to rebuild Jerusalem! What does rebuilding Jerusalem have to do with what we just ate!?

According to what we’re discussing, it’s because the Holy Temple (which was of course in Jerusalem) housed God’s providence in this natural world. Meaning, the Temple was the channel for spirituality to become manifest in the physicality of this world. Our Rabbis tell us that the actual point where heaven and earth meet is found within the Kodesh Hakedoshim (literally the “holiest of holies”, the most sacred room of the Temple, and in fact the most sacred room on earth). Therefore, Jerusalem and the Temple represent the ultimate idea of the fusion between physical and spiritual in this world.

However, without our Temple, this fusion is greatly hindered. The once bound opposites of Heaven and Earth have now become undone and are drastically separate within this world, longing to be brought back together. Therefore, our purpose is to sanctify this world as much as we can in order to bring the Humpty-Dumpty of spirituality and physicality “back together again”. Now we can understand that after eating, which is just about the most physical thing we ever do, we beg Hashem to return Jerusalem, to return that spiritual element that brings Godliness and life to the food we eat everyday.

This is a fundamental idea in Judaism, and truly gives meaning to the after-blessings recited after our meals. May we merit to push ourselves as much as possible to merge physical with spiritual and live to see the rebuilding of the Holy Temple.

Good Shabbos,

NZL

*There may be a mistaken notion that Rosh Hashannah is the New Year for the Jews; this is wrong! Rosh Hashannah is indeed the day that God created the world, so it therefore represents the New Year for the entire world and for all the nations that dwell within it. Rosh Hashannah can be called the “Jewish” New Year only because it is the days that we, as Jews, believe the world was created. In fact, exactly six months after Rosh Hashannah is the 1st of Nissan (the month that Passover falls in) which is the real “New Year for the Jews” but that lies beyond the scope of the essay.

Why I appreciate the Olympics

2008-08-22T02:07:00.005+03:00

A lot of people, especially in religious circles, are quick to dismiss the Olympic games as something very superficial and negative which encourages the worship of the physical body rather than the spiritual essence of a person. I disagree.

Yes, those people are right. In their earliest origins, Olympic games were first and foremost part of Greek culture of the worship of the physical body. That being said, I think that the current format of the Olympic games is about something much deeper. In the Olympic games nowadays, we don't have different individuals combating to show they have the greatest physical abilities in the world. Rather, we have individuals representing their countries in a competition - representing their nations in order to bring some pride to their countries.

These individuals care less about personal success and much more about national pride. Except for the few spectacular phenomenons such as Michael Phelps, people do not even remember the names of the winners. What we remember is the drama of the battle in the medal counts. In Israel's case, when we are proud of an Olympic winner, it is not so much because we admire his physical strength, but because we are proud of Israel's achievement in producing such an incredible athlete.
I won't deny the fact that that the focus on athletics in the Olympic games is a focus on something which is not the essential thing in life. Of course, the spiritual is much more essential than the physical. However, I do think the Olympic games bring out a great feeling of national pride, which is one of the most important feelings for an individual to have. I encourage everyone to keep cheering for the Israeli Olympic team. Even if all we currently have is one bronze medal, the simple fact of cheering for our Olympic team can be a great way to motivate our national pride.

May our spiritual strength only surpass our physical accomplishments but may our physical accomplishments be great so that they may also inspire a deep pride in our incredible nation.

What is your opinion on the Olympics?

There is Still Hope

2008-08-21T21:34:00.005+03:00

Here we are a week after Tisha Be'av and as another Tisha Be'av goes by without the rebuilding of the Beit Hamikdash we feel dissapointed and discouraged. We wonder why are we still in Galut and when will this bitter exile end. I heard an interesting insight that addresses our concern. In addition to fasting on Tisha Be'av because the Beit Hamikdash was destroyed, we also are fasting for the destruction of our hearts. We know that the reason for the destruction of the second Beit Hamikdash resulted from the sin of baseless hatred and it is the reason that we are still in exile today. So during the time of the destruction as a result of baseless hatred the sensitivity and caring for a fellow jew was "destroyed" in our hearts. The destruction of the Beit Hamikash is a refrence to what happened in our own hearts. Now that we know this is there anything we can do to change this? Fortunately, there is and each of us can rectify for this sin in our own lives. We have the power to end this exile and speed up the redmption process. We need to all look into our lives and see where we can improve. This way if we each are doing our part we will hasten the redemption.

In addition, in the haftarot following Tisha Be'av Hashem comforts us and promises that even though we will be in exile we should not lose hope because one day we He will return us to Eretz Yisrael with joy. As it says in this weeks haftara for parshat Ekev "For Hashem shall comfort all her ruins. He shall make her wilderness like the garden of Eden and her wasteland like a garden of Hashem; joy and gladness shall be found there, thanksgiving and the sound of music." May we all merit to see this prophecy fulfilled! Amen!!!

Intellectual Property Law in Halacha - Part 10

2008-08-20T20:27:00.000+03:00

Photocopies of old books
A similar question arises with respect to books which are not on sale anymore. Since it is impossible to purchase these books, would it be permissible to photocopy a full copy of the book for personal use?
According to the approach based on Dinei DeMalchuta Dina, we need to defer the question to the law of the country in which the question applies. Such an action would also fall within the realm of the doctrine of fair use. Therefore, since it is legal under the law of the land, it would also be allowed under Talmudic Law.

According to the approach based on undue competition, an important question arises. On the one hand, the book is not for sale at this moment and therefore, such an action would not immediately create competition for the original publisher. However, if the publisher ever decides to start printing copies of the book again, a serious problem arises. In such a case, it is unclear whether or not it would be permissible to continue using those photocopied books.
A similar problem arises according to the approach based on the law of enjoyment. Once again, at the time at which the book is out of print, there is no problem since this falls within the realm of someone who enjoys something without causing any loss to the other. However, once the original publisher decides to print more copies of the book, it is once again unclear whether the copied version of the book can be used.
According to the approach based on property law, the reasoning would be similar to the one applied for the purpose of classroom use. Therefore, if there was a note written in the book forbidding its copying, it would suffice to make is illegal to copy.
The Custom of the Artists would not apply in this case since it deals with the actions of an individual. Also, the Rabbinical Legislation would, even according to Rabbi Moshe Sofer , not apply since it is unlikely that the scope of the original Rabbinical Ban applied to such a case.
Once again, we see that the conclusion reached on this issue varies according to the approach which is taken.

The Religious View of the Secular State of Israel

2008-08-19T18:59:00.000+03:00

Chanuka - A Model for Celebrating Israeli Independence

We can find the answers to the aforementioned oppositions to the State of Israel- the existence of a state not based on the laws of the Torah and leadership of someone who is not from the house of David- in the words of the Rambam summarizing the reason of celebration on Chanuka:

“In the period of the second Temple, the kings of Greece issued decrees against the Jews, invalidated their religion, and did not allow them to observe Torah and miztvot. They confiscated their money and their daughters, and they broke into the sanctuary and defiled the pure. And the Jews suffered greatly, and they were very intensely pressured. Until the G-d of their fathers’ had mercy on them and rescued them from their hands and saved them, and the sons of Chashmonai the high priests, rose up and killed them (the Greeks) and saved the Jews from their hands, and they appointed a king from the priests, and Jewish sovereignty returned for more than 200 years until the destruction of the second Temple”. [1]

The Rambam specifies that the Hasmoneans were priests - what difference does it make if they were from the tribe of Reuven or Shimon, or if they were Kohanim, Leviim or Israelites? And, in case we did not notice the first time, the Rambam repeats the fact once again: “and they appointed a king from the priests”. The Rambam is undoubtedly relating to the halachic problem posed by the appointing of a king who is not from the tribe of Yehuda, who is not the mashiach ("the anointed" one"). The Ramban also refers to this problem in his commentary on the blessing of Ya’acov to Yehuda “the scepter will not leave Yehuda, nor the ruler from between his legs”:[2]

“And in my opinion, the kings who reigned over Israel (the Kingdom of Israel, as distinct from the Kingdom of Judah) from the other tribes after David, disobeyed their father (Ya'acov) ... and when the people of Israel continued to crown kings from the other tribes, king after king, and did not return to the kingship of Yehuda, they transgressed (his) will and were consequently punished... this was also the cause of the Hasmonean’s punishment, because they were extremely righteous people...and nevertheless, they received a significant punishment... because they reigned even though they were not descendants of Yehuda and the house of David, and they completely "removed the scepter". And it is also possible that they sinned in their kingship because they were also priests... they should not have ruled, just done Hashem's (Temple) service”.

As for the Rambam, his opinion is even more severe than that of the Ramban, inferring that it is even asur m'd'oraita:

“We are warned not to appoint a king who is not from the people of Israel... it is already known from the books of the prophets that David and his descendants merited the kingdom forever. For all those who believe in the Torah of Moshe, the greatest of all the prophets, the king can only be from the descendants of Shlomo. And anyone who is not from this honorable descent, regarding kingship is considered “a foreigner”, just as anyone who is not a descendant of Aharon is called “a stranger” regarding the service in the Temple. This is clear and there is no doubt whatsoever.” [3]

Clearly, when the Rambam emphasizes twice (!) that the Maccabees were priests, and they established a kingdom from the priests, he is saying, "I am not naïve. I realize that this is problematic". Yet, despite the fact that it was forbidden, nevertheless, we celebrate the fact that “Jewish sovereignty returned”. National independence is so important, that it is better to a have a non-ideal Jewish government, than not to have a Jewish government at all. If this is the Rambam's opinion regarding the Hasmonean dynasty, there is no reason that his approach to the present State of Israel would be any different, in that regard.

And should the critic of the State of Israel base his claim on the Ramban who says that the Hasmoneans sinned in the very essence of their kingship, he will find his answer at the end of that very paragraph:

“From here they learned that a king from the priests is not anointed... for this is the honor of Yehuda... and therefore, even if the Jews appoint a king from the other tribes, as a necessity of the period, he is not anointed so that he won't have the glory of "kingship", rather they should be like judges and officers”.

We see that, in the Ramban’s opinion, the punishment of the kings of Israel and of the Hasmoneans was because they were anointed with oil and claimed “the glory of kingship”. Even more problematic, the Maccabees were priests, who are only meant to be anointed for a different purpose, the service of Hashem. However, someone who is needed to rule for a certain period, neither he nor the nation are transgressing the prohibition. Just as it is allowed to appoint judges (like Yehoshua, Gidon, etc.) and officers who are not from the family of David, so too, having a prime minister is allowed, for they are far from being "kings".

In addition, it should be noted that the Ramban himself is the one who particularly emphasizes, that the mitzva of conquering the Land of Israel, which applies in all generations, is “not to abandon her to the hands of any other nation”.[4] In other words, we are obligated to have Jewish sovereignty in the Land of Israel. If necessity dictates to have a leader from a different tribe (e.g. if we do not know who is from the family of David, or if that descendent is not competent nor popularly accepted), not only are we allowed, but we must appoint a leader from another tribe. Even then, we should not crown him as king. In today's reality, the democratic process solves the halachic problem of the forbidden monarchy, in a very elegant way, and obviously poses less of a problem, than that of the Maccabean dynasty.

Moreover, the opinion of the Rambam and Rabman, that the Maccabees sinned, is not accepted by all of the rishonim. In the opinion of the Ran, “the scepter will not leave Yehuda” is not a commandment, and not even a warning, and accordingly, there was no transgression at all. [5]

The Rambam also refers to the question of the non-religiousness of the state in his words about the kingdom of the Hasmoneans. He inserts the historical fact, that the kingship of the Hasmonean’s continued for more than 200 years, into his halachic work. What connection does this historical fact have to halacha?

It seems that the Rambam comes to emphasize that we must thank Hashem for every single year of Jewish sovereignty, even if it was temporary and eventually ended, and if its spiritual level is lacking, like the Hasmonean dynasty. The majority of the kings of this dynasty were Sadducees, Hellenists, and some were even idolators![6] Not to mention the bloodshed and moral corruption between man and his fellow man. The g'mara states that the figure of 200 years of Hasmonean rule includes 103 years that the kings were from the dynasty of the wicked Herod and his family![7]

According to the Rambam, there is an obligation (and even a precedent), to celebrate all 200 years of Jewish independence, even if that government is far from ideal! Consequently, how much more do we have to give thanks for a state that is simply irreligious, not idolatrous, and democratic, thus avoiding the problem of crowning a "non-Judean" king.

The question is, why does the Rambam consider Jewish sovereignty to be so important, even justifying the religiously problematic?

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[1] Rambam, Hil. Chanukah 3,1.

[2] Breishit 49, 10. It should be noted that Ramban apparently was not familiar with the Book of Maccabees I, where it explicitly states that the Maccabees themselves, the sons of Matityahu, did not call themselves "king", but rather "נשיא", president, or "ראש", head. Only from their descendent Aristobulus and on, did the rulers refer to themselves as kings. This is an important לימוד זכות and justification for the Maccabean heroes.

[3] Rambam, Sefer HaMitzvot, Lo Ta’aseh 362.

[4] Ramban, Additions to Sefer HaMitzvot, Mitzvat Aseh 4.

[5] Drashot HaRan, Drasha 7.

[6] See the ref. "Chashmonaim" and "Hordus" in the Encyclopedia Otzar Yisrael.

[7] Avodah Zara 9a.

Faith and Politics in Judaism

2008-08-19T06:35:00.005+03:00

This past Saturday Night, Americans had a chance to see the presidential candidates discuss issues of faith in a Church. As I looked at this pretty unusual but powerful program, I started thinking about Judaism's stance on the very controversial topic of faith and religion. The big question that everyone often asks is: "Should Rabbis speak about politics?" and "Should Religion and State be separated?". Most people connect both these questions together but I think they are two very distinct questions with different answers.

But first, what exactly is politics?

According to Rav Kook, in his famous Mahalach HaIdeot, politics is the tool which is used to organize societies. Political science, therefore, is the study of different ways to organize society. On the other hand, "religion" (and, even if they will hate this, I am including atheism and agnosticism as religions) is about what people believe. It's about their purpose in life and how to make their lives meaningful.

Politics is therefore very practical while religion is meaningful.

Should religion and State be separated?

Yes, to a certain extent. These two things have different goals which sometimes contradict each other. Sometimes, what is best for Klal Israel is not what is best for the religion. A very caracatural example of this would be: Giving money to yeshivot instead of giving it to the defense department and the army would be detrimental to Klal Israel. The torah (which is not simply a religious text but includes a great deal of political science) does not want this!

Therefore, in Torah, we have different branches in the organization of the Jewish Nation. The king is not the Kohen Gadol, he's not even a Kohen! Still, we pray and hope that the king is a religious king. Yet, it is not his religiousness which makes him king. He is king regardless. We just hope and pray that he be religious.

Some commentators explain that the reason why the Torah requires the King to write two sifrei torahs for himself is because, unlike other Jews which only write one, the King has two different ways to read the torah. On an individual level, he needs to read the torah like every other Jew in order to fully live his own religious life. On a national level though, as King, he needs to read to Torah in order to get insights from it from a political standpoint. It takes a completely different perspective to read it properly as a political leader.

In short, the Torah does require a certain separation between Religion and State since a proper political leadership cannot solely have religious goals.

Now, Should rabbis speak about politics?

Someone said this weekend on CNN: "If anyone claims that their religion does not affect their political positions, they are either lying or stupid". This is obvious! A person's beliefs are going to influence his priorities, they are going to influence how he views the society he wants to create.

Rav Tzvi Yehudah was once asked: "I love religious zionism but it is too political. Why do you speak about politics so much?". Rav Tzvi Yehudah answered: "If I don't speak about "politics", what do you want me to speak about? Torah is full of politics!".

Our torah's goal is to build a nation of priests and a holy nation on the land of Israel. That is our goal. So rabbis are not only allowed to speak about what our goal as a nation is, but are obligated to do so. Today, people call this politics, even though it does not fall in our previous definition of politics. Here, we are not talking about specific decision on how to best organize the nation for practical terms. We are talking about faith and values which should guide the nation. Of course rabbis should speak about these things!

Should rabbis decide which units to use when going to war? No, this is practical politics. Should he decide what the minimum wage is? No, once again, this is practical politics. However, rabbis have the obligation to discuss how important the security of the state of Israel is. They have the obligation to discuss how important social justice is. They must also be available for advice from people who want to know if the practical politics which they wish to implement is representative of the faith and goals which Klal Israel should have. However, they should not be the ones making the detailed practical decisions.

Of course, many rabbis have been in the Knesset since the creation of the state of Israel. However, in the Knesset, their jobs were not those of Rabbis but first and foremost of politicians. When they were speaking and teaching about the goals of Klal Israel, then, they were acting as rabbis. I think that it is possible for one person to do both if he knows that the two jobs have two very different demands. After all, David Hamelekh was one of the greatest sages and spiritual guide who still guides us through his Tehillim. He was also probably our greatest political leader ever.

In conclusion, there is, in Judaism, a distinction between religion and politics. However, this does not mean that our faith does not have a significant role in our political ideology. Torah recognizes that our political ideology, the goals of our nation, are shaped first and foremost by our religion. Still, Torah recognizes that when applying these goals practically, it is politicians which need to make the detailed decisions in the interest of the State and all of Klal Israel, and not Spiritual leaders in the interest of the religious world.

This topic I just discussed is quite controversial, and I don't claim my approach is the only valid one. I encourage everyone to share their thoughts and approach on this subject.

'Be Comforted, My People'

2008-08-15T17:52:00.001+03:00

Shabbat shalom to Am Yisrael!

May this Shabbat be one of consolation, spiritual nurturing, and great light for the Nation of Israel; may this Shabbat be another step towards the final redemption, very soon, in our time.

Shabbat shalom

Parshat Va'Etchanan: The Eternal Flame

2008-08-15T07:58:00.002+03:00

At the beginning of this week’s parshah, Moshe recounts before the Jewish nation how he begged Hashem (God) to allow him to enter the land of Israel (previously, God decreed that Moshe was forbidden from entering, and Moshe was trying to rescind the decree). The following verse describes how Hashem answered him:

“…Do not continue to speak to Me further about this matter. Ascend to the top of the cliff…and see [the entire land of Israel] with your eyes, for you shall not cross this Jordan [river, to enter the land]” [Deuteronomy: 3: 26-27]

If you think about it, Hashem’s reply was rather taunting. Let’s use an example to bring forth our problem: Let’s say you were fasting for a day. Your friend, who wasn’t fasting, surely knew how badly you were thirsting for food. How would you react were he to hold up a piece of pie in your face and say “Hey buddy, I know you can’t eat this right now, but I’ll let you look at it for a while”? This would certainly force your mouth to salivate and increase your desire for food greatly, and the hardest part is that you wouldn’t even be able to satisfy that craving! There couldn’t be anything more annoying and irritating than that!

We all know that Moshe had reached the highest levels of Godliness one could ever reach in his lifetime. He literally put all his effort into serving God, and achieved as much as he was able. But there was only one thing lacking in his religious service: Israel. The spiritual energy flowing out of Israel is greater than anywhere in the world, and by just being there one can have the ability to intensify his divine service to the highest degree. Moshe of course knew this, and to lead the nation of Israel into this land was his ultimate life-long ambition. After imploring God to let him in, God stuck to his word and forbade Moshe from entering. But how could he “hold Israel up before Moshe’s face” and tell him “Listen you can’t come in, but I’ll allow to have a glimpse of what you’ll be missing out on”!? Was Hashem displaying cruelty before Moshe?

Rabbi Uziel Milevsky (an exceptional Torah scholar who passed away about 14 years ago) gives a beautiful answer to this question.

In order to solve our problem, we have to first understand a little bit more about Moshe. Almost everyone knows the famous children’s story about a boy who transformed anything he touched into solid gold. Like this boy, Moshe also possessed this gift, but slightly differently. Our Rabbis explain that Moshe represents the personification of endurance and eternality. Therefore, everything Moshe accomplished bears the quality of perpetuation and timelessness. Metaphorically speaking, everything Moshe “touched” turned infinite. For example, Moshe was the one who brought the Jews out of Egypt and established them as a nation. Consequently, the Jewish nation will always live on; despite all the pain and persecution we have experienced and may encounter in the future, we can never be erased. Furthermore, it was Moshe who brought the Torah down from heaven. Through him the world received the Torah, the blueprint of creation and the world’s guide for all eternity.

So why is it that Hashem “tortured” Moshe by showing him the land of Israel, knowing clearly that he would never be able to come inside?

Hashem, in his unfathomable wisdom, wanted every Jew to be endowed with the intrinsic desire and passion to enter the Promised Land. No matter how far removed a Jew may become, Hashem wanted to ensure that his yearning for the Holy land would never be extinguished, and that ultimately through this yearning, he would return to his Jewish roots. Since Moshe had the special gift of generating eternity, Hashem commanded him to see the entire land. By seeing Israel, Moshe’s longing for it undoubtedly deepened to the highest extent. It was this powerful and burning desire that Hashem wanted Moshe to cultivate for the land of Israel only in order to transfer it to the entire Jewish nation forever.

Recently, we underwent the fasts of Shiva Asar B’Tevet (the seventeenth of Tevet, one of the twelve Jewish months) and Tisha B’Av (the ninth of Av, another Jewish month), which commemorate the fall of Jerusalem and the burning of our Holy Temple respectively. Besides mourning over these tragic losses that occurred many years ago, these fasts are also meant for us to reflect on what we can do to rectify the destruction and how we can plant seeds for the rebuilding of Jerusalem and the Temple. In the final prayer services of Tisha B’Av, we add in a special prayer for the rebuilding of Jerusalem (additional to the daily prayer we already recite for Jerusalem). Within that prayer, we recite: “…Hashem, with fire you consumed her (Jerusalem) and with fire you will rebuild her…” What does it mean to rebuild with fire? It is a common teaching of the sages that fire alludes to the aspect of desire and emotion. The true meaning of this prayer is that Jerusalem and the Temple will ultimately be rebuilt with the blazing fire for the land of Israel that we will ignite in our hearts.

May we all live to see the rejuvenation of Jerusalem and her Holy Temple, and may we merit to truly mean it with all our hearts when we implore Hashem everyday in our daily prayers “May you rebuild it (Jerusalem) soon in our days as an eternal structure”.

Good Shabbos,

NZL