Shabbat Parashat Beshalah | 5765
Beshalach | | 1/2/2004
The foundation of Shabbat’s sanctity begins already at creation. Yet a further dimension of Shabbat emerges from the exodus from Egypt. In fact, both elements of Shabbat find explicit expression in the two presentations of the Ten Commandments. In the first set, the Torah says:
Case: The plaintiff sued the defendant in beit din to overturn a ruling of the secular court forbidding the plaintiff to use the hallway in front of the defendant’s apartment, which, the defendant claimed, belongs to him. The defendant responded that since the plaintiff already took part in the hearings in the secular court, he waived his right to have the case heard in beit din. The defendant claimed that he should not have to trouble himself to go through the legal process an additional time.
It seems that the aforementioned machloket between the Rambam and Tosafot is related to another machloket among the Rishonim. We saw that fruit that grow during the fourth year of a tree’s existence, but before Tu B’shevat of that year, are considered to belong to the third year. The question is whether that status is across the board or not.
Question: We had a minyan for Mincha without a mourner, and so we did not say Kaddish after Aleinu. We subsequently did some learning, after which I recited Kaddish D’rabbanan. Some people questioned whether this is the right thing since, Baruch Hashem, both of my parents are alive. Can/should one with live parents say Kaddish D’rabbanan (=KD)?
This edition of
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).