Shabbat Parashat Shelach | 5769
Shelach | 21 Sivan 5769 | 6/13/2009
In order to save Bnei Yisrael from destruction due to the sin of the spies, Moshe invoked a special trick he learned from Hashem. He preceded his request for forgiveness with a recitation of Hashem’s attributes of mercy (Bamidbar 14:18 with Rashi). We first and most prominently find this formulation after the generation’s other major sin, the Golden Calf (Shemot 34: 6-7). The latter is what we say during selichot (for Nusach Sephard, every day) and is known as the thirteen attributes of mercy. What many people do not realize is that in our parasha around half of the attributes are omitted. Why is that? Obviously, Hashem’s attributes did not change!
Ask the Rabbi: Is a plaintiff who is certain a defendant owes money, permitted to extract money when the defendant is unsure?In my yeshiva, one of the madrichim is our middleman with a laundromat. He usually keeps a ledger of how much we owe. We usually pay after they return the laundry, and he then crosses out the entry in the ledger. Recently I used the system and am sure I paid but he didn’t erase the debt. He is sure I did not pay. Must I pay a second time? I am asking this with my madrich's blessing. While we may work things out on our own, we want to know the halacha.
One bends his knees at the word “baruch.” He straightens his body at the mention of His Name, as it is says: “Hashem makes the bent-over erect” (Tehillim 146:8).
A non-profit organization (=def) hired an advertisement agency (=pl) to prepare different publicity projects on a “retainer” basis, whereby def pays a set fee for six months irrespective of the amount of time pl puts into the project. Things worked smoothly for two months, with pl primarily learning about def’s operations and the target group of the campaign. Pl’s director traveled abroad for two weeks during the third month, leaving his staff instructions how to proceed with the project. At that time, def needed an immediate publicity product. Pl’s staff put in many extra hours to get it done, thereby harming its reputation by being late on other projects. The work pl did for def would have been done in any case, but it was scheduled to have been done later. Def was unsatisfied with the work and ended the contract with two weeks notice, as their contract allowed. Pl demands extra payment for the work they did at an accelerated pace, as the work was not within the realm of normal according to the contract. They estimate the work as two and a half months work. Def responds that the work was to have been done anyway and that since def were unhappy with the project, they never received anything of value. Therefore, they demand a return of the payment for the first two months.
This week in the Daf Hayomi, the Gemara (47b) deals with the important question of when the sale of movable items is considered final. Every act of selling includes three stages. The first stage is the verbal agreement between the buyer and seller to sell the item at a certain price. This stage is termed "devarim" by the Gemara.
This edition of Hemdat Yamim is dedicated to the memory of
R ' Meir ben Yechezkel Shraga Brachfeld
Hemdat Yamim is endowed by
and Louis and Lillian Klein, z”l.
A weekly divrei Torah leaflet: A Glimpse at the Parasha, Ask the Rabbi, From the writings of Harav Avraham Yitzchak Hakohen Kook, zt”l, Pninat Mishpat (Jewish Monetary Law).