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Shabbat Parashat Chayei Sara 5775

Chayei Sarah | 22 Cheshvan 5775 | 15/11/2014

Parashat Hashavua: The Torah Writes: “To me”

Chazal tell us that Eliezer, the servant of Avraham was a respected Torah scholar within the circle of Avraham’s disciples (Yoma 28b). The Torah (Bereishit 24:2) calls him “the venerable one of his home, who ruled over all that was his,” which the gemara says refers to all of Avraham’s Torah. Chazal also say that the name Damesek Eliezer (ibid. 15:2) hints that he was doleh u’mashkeh (drew and gave to drink) his master’s Torah to others. The midrash (Bereishit Rabba 59:8) says that his mastery extended to his control over his evil inclination. Indeed, it is no surprise that the Rabbis said in the context of this great man: “The speech of the servants of the forefathers’ house is nicer than the teachings of the children” (ibid. 60:8).

Ask the Rabbi: Grounds for Cutting Down Fruit Tree

May one cut down a fruit tree in order to make room for improvements to their back yard for recreational purposes such as to put in a pool or a basketball court?

Ein Ayah: Two Positive Ways of Reacting to Illness

One who enters to visit the sick on Shabbat, says: “It is Shabbat, so that crying out cannot be done and healing shall come soon.”

P'ninat Mishpat: Relinquishing Rights to a Partnership Deciphering an Unclear Provision in a Will

The querier [who seems to not be a rabbi but a budding scholar, whom the author praised and encouraged] cited the gemara in Beitza 20 about one who said: “Give Ploni 400 zuz, and he should marry my daughter.” The gemara says that because he said to give the money before he said that he should marry his daughter, the present is intact even if the recipient did not marry the daughter. [Both the querier and the Shoel U’Meishiv apparently wrote intricate analyses of the opinions of the Rishonim on this gemara, but neither presentation is found in this responsum.] In any case, here, since Reuven wrote first that Reb Yosef should say Kaddish and only afterwards that he should receive the money, he should not receive more money than due to him for the part of the job that he carried out. One might raise the argument that since Yosef’s failure to fulfill the condition for full payment was only due to oness (extenuating circumstances), he should not lose the payment that was slated to go to him. However, this is incorrect due to the rule that although failure to do something due to oness is not failure, it is also not considered positive fulfillment (see Shach, Choshen Mishpat 21). Since in this case the money was for fulfillment of the need to say Kaddish, as opposed to a case where money needs to be withheld as a sanction for failure, Yosef did not deserve the money. Another claim one can make on behalf of Yosef’s family is that the will did not state how long Yosef had to say Kaddish. However, it is clear that the intention is for a full 11 months, as since Reuven left no child, we can safely assume that he would not have been satisfied with less Kaddish than the usual amount done (see a parallel case in Gittin 74b).

Hemdat HaRambam: “In the Name of the Lord, The Creator of the World“

After our father Abraham made his covenant with the king of the Philistines, he planted an “eshel” in that place and called “in the name of Hashem El Olam” (Gen. 21:33). According to one interpretation in the words of our sages “eshel” was a roadside inn where our father Abraham would greet travelers. After hosting them and giving them food and drink, he would teach them to say the blessing, “Blessed is El Olam of whose bounty we have partaken” (Genesis Rabbah 54:6, Sotah 10a), and in that way cause the name of Heaven to be pronounced by all mankind (Leket Tov Breishit 21,33).

Hemdat Yamim

is dedicated

to the memory of:

All those who

fell in the war for our homeland.

George Weinstein,

Gershon ben Yehudah Mayer,

a lover of the

Jewish Nation Torah and Land.

Mrs. Sara Wengrowsky

bat R’ Moshe Zev a”h.

who passed away on 10 Tamuz, 5774

Jack Levin, Chaim Yaakov

ben Shlomo Yitzchak HaLevi – by his family.

Tamar Lichtenstadt z”l.

May her memory be a blessing.

R' Meir
ben

Yechezkel Shraga Brachfeld

o.b.m

Rabbi Yosef Mordechai Simcha

ben Bina Stern o.b.m

who passed away

21 Adar I, 5774

R' Yaakov ben Abraham & Aisha

and

Chana bat Yaish & Simcha

Sebbag, z"l

R' Shmuel Shemesh z"l

Eretz Hemdah's

Board Member

who passed away

17 Sivan, 5774

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

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).