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Shabbat Parashat Shelach 5780

Parashat Hashavua: Judges of Eretz Yisrael / Eretz Hemdah

Harav Yosef Carmel

Dealing with the praise of Eretz Yisrael, which was called Eretz Hemdah in the context of the spies not appreciating it (Tehillim 106:24), is something that we like to do on Parashat Shelach. The happiness with building the Land that was desired by the patriarchs atones for the crying of our unappreciative ancestors in the desert on the tragic night after the spies’ return, which made that night a night of crying for generations (Tisha B’Av).

The obligation to establish batei din of those who are ordained to serve as religious judges is one that singles out Eretz Yisrael. This is the site of the Great Rabbinical Court, the court of 23 and many simple courts of three spread throughout the Land.

What are the characteristics we demand for each dayan, a matter that we hammered out with the guidance of Harav Shaul Yisraeli z.t.l.? And how do they find expression in who we invite to join Eretz Hemdah’s program, whose participants are trained to serve as dayanim?

The Rambam (Sanhedrin 2:1) writes that to be a member of a Sanhedrin, men need to be “smart and wise, exceptional in the wisdom of the Torah, possessing great knowledge.” It is obvious that in order to be a dayan, one needs broad and deep knowledge of Torah, i.e., Shas and poskim. That is the reason that our program includes the study of all of Seder Nezikin and the Choshen Mishpat section of Shulchan Aruch, as well as Seder Nashim and the corresponding Even Ha’ezer section of the Shulchan Aruch.

However, ability to master these materials is insufficient to be fit to serve as a dayan in our understanding. Notice how many adjectives the Rambam (above) uses for the intellectual qualifications of the dayan: smart, wise, …

In describing the investigation that a kohen did into a person’s tzara’at, it twice mentions seeing within the same time frame (see Vaikra 13:3). What is the difference between the two seeings? The Meshech Chochma explains that the first one is to evaluate if the lesion is one that identifies as tzara’at. The second one, he argues, is to see if the person is in the situation to be declared a metzora. For example, if he is a new groom or if it is a holiday, it is not the opportune time to declare him impure, as it would contravene the concept that the Torah’s ways “are ways of pleasantness.” The kohen must take a good look at the person upon whom he is passing judgement.

The Meshech Chochma’s idea is another reminder that book-knowledge is a condition for many things including dayanut, but it is not sufficient. One must turn the Torah into a Torah of life by seeing things more deeply and in additional dimensions.

The Rambam continues that the dayan needs to know a little about the rest of the areas of knowledge, such as medicine, mathematics, and astronomy. These too are necessary for one to have the title of Yadin Yadin. Furthermore, the Rambam mentions that knowing foreign languages is also valuable for the dayan. Nowadays, someone who is fluent in English can communicate effectively with most people in Israel who do not speak Hebrew. Since in the Rambam’s time there was no such language, he was more stringent and required knowing most of the languages. In any case, a great portion of the Eretz Hemdah’s dayanim are fluent in a language other than Hebrew and have an academic degree.

We pray that Eretz Yisrael and Eretz Hemdah will be praiseworthy for having more and more dayanim who sanctify His Name, and can connect heavens and earth through a Torah “whose ways are ways of pleasantness.”  

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Dedication

We daven for a complete and speedy refuah for:

 

Nir Rephael ben Rachel Bracha
Refael Yitchak ben Chana

Netanel Ilan ben Sheina Tzipora

Netanel ben Sarah Zehava

Meira bat Esther

Yair Menachem ben Yehudit Chana

Rivka Reena bat Gruna Natna

Lillian bat Fortune

Yafa bat Rachel Yente

Eliezer Yosef ben Chana Liba

Ro'i Moshe Elchanan ben Gina Devra

Esther Michal bat Gitel

Yehudit Sarah bat Rachel

 

Together with all cholei Yisrael

 

Hemdat Yamim is dedicated

to the memory of:

those who fell in wars

for our homeland

 

Eretz Hemdah's beloved friends

and Members of

Eretz Hemdah's Amutah

 

Rav Shlomo Merzel z”l
Iyar 10 5771

 

Rav Reuven Aberman z"l

 Tishrei 9     5776

 

Mr. Shmuel Shemesh  z"l
Sivan 17 5774

 

R' Eliyahu Carmel z"l

Rav Carmel's father

Iyar 8    5776

 

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

Tamuz 10       5774

 

Rav Asher Wasserteil z"l

Kislev 9   5769

 

R'  Meir ben

Yechezkel Shraga Brachfeld z"l

&

Mrs. Sara Brachfeld z"l

Tevet 16 5780

  

R'  Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

 

Rav Yisrael Rozen z"l
Cheshvan 13 5778

 

Rav Benzion Grossman z"l
Tamuz 23    5777

 

Rav Moshe Zvi (Milton)

Polin z"l

Tamuz 19     5778

 

R' Abraham Klein z"l

Iyar 18 5779

  

  Hemdat Yamim
is endowed by Les & Ethel Sutker
of Chicago, Illinois
in loving memory of
Max and Mary Sutker
and
Louis and Lillian Klein, z”l

 

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