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.
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!
8. The State of Israel in the Process of Redemption
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.
Read More......
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.
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.
