Zealous Killing

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Rashi Sanhedrin 81b says: קנאין פוגעין בו - בני אדם כשרין המתקנאין קנאתו של מקום פוגעין בו בשעה שרואין את המעשה אבל לאחר מיכן אין מיתתו מסורה לבית דין והלכה למשה מסיני הוא: The end of Rashi indicates that the zealot that kills the violating individual is acting in place of the beis din.  This view would seem to be the opinion of the Raavad as well that requires התראה before killing (Forbidden Relations 12:4.)

The Rambam says: כל הבועל כותית בין דרך חתנות בין דרך זנות אם בעלה בפרהסיא והוא שיבעול לעיני עשרה מישראל או יתר אם פגעו בו קנאין והרגוהו הרי אלו משובחין וזריזין ודבר זה הל"מ הוא ראיה לדבר זה מעשה פנחס בזמרי.  Why does the Rambam need to bring a proof from Pinchos, if tis a halacha there is no need for any other proofs?  Furthermore, why does the Rambam use an ex post facto terminology of אם פגעו בו קנאין and not the language of the Gemorah קנאין פוגעין בו?  It seems that the Rambam holds its not an obligation to kill the offender as a punishment for his actions; it’s a permissive act for a zealot who can’t bear to see such a desecration of the name of God to quench his anger by killing the offender.  The Rambam doesn’t hold there is a punishment placed upon the offender that the zealot is carrying out for the beis din, he holds it’s a license for the zealot to kill the offender.  Hence, he holds that there is no need for התראה. (Binyan Av volume 5 #62.)

It should be noted however, that the Raavad maintains if there was no התראה there is no punishment for the zealot coming and taking the life of the perpetrator.  If he held it was merely an act of a punishment of beis din, then he should hold that there that the zealot should be punished for illegally taking a life?  We see he holds that there are two dinim, the din of the Rambam learnt from Pinchos that if he can't stop himself, the zealot may kill someone else.  However, he holds optimally התראה should be given and a form of a punishment of beis din should be carried out.

Berachos On Praise

The beracha of Baruch Sheomar isn't mentioned in the Gemorah and hence lends itself to speculation as to when it was enacted to say.  Most assume that it is an early enactment at least based back to the Anshe Kneses Hagedolah and this is supported by the language of the Rif (Berachos 32) and Rambam (7:12) that call it a תקנה דרבנן.  The Pri Chadash (siman 51) assumes that it is a later takanah and asks how can the Geonim invent a new beracha?

The Mishkonos Yaakov is so adamant of the position that its an early takanah that he holds even if a person is running late they must always say at least a bare bones pesuke d'zimrah of the berachot and אשרי.  However, the Shulchan Aruch rules not that way and holds if one is very late they should even skip all of pesukay d'zimra in order to pray with the tzibbur.  It is noteworthy that the order of skipping reflects which parts of pesukay d'zimra are the most integral.  The Shulchan Aruch rules after the berachot and ashrei the most important parts are the third and last of the hallelukas.  This would seemed to be based off Rashi in Shabbos 118b that translates pesukay d'zimra as: פסוקי דזמרא - שני מזמורים של הילולים הללו את ה' מן השמים הללו אל בקדשו.  However, what needs explanation  is why is this the main pesukay d'zimra according to Rashi?

12-13 Tammuz Niggun

Golus Sense

Does golus make sense?  Toras Menachem Hoshana Rabbah 5784.

Golus: Lack Of Seder

Maharal sums up galus (Ch.1 Netzach Yisroel.)  A LACK OF SEDER!

Appreciate What You Don't Have

Bamidbar 20:2 וְלֹא־הָ֥יָה מַ֖יִם לָעֵדָ֑ה וַיִּקָּ֣הֲל֔וּ עַל־מֹשֶׁ֖ה וְעַֽל־אַהֲרֹֽן.  Rashi:ולא היה מים לעדה – מכאן שכל ארבעים שנה היה להם הבאר בזכות מרים.  Why are we only informed about this after Miriam's death?  Sadly, too often we are able to appreciate things or people only after they are no longer around.  When Miriam was alive there was water in her merit but no one took note or notice of it.  It is only after she was no longer alive that it was appreciated.

Rashi beginning of Vayetzeh:ויצא – לא היה צריך לכתוב אלא: וילך יעקב חרנה, למה הזכיר יציאתו? אלא מגיד שיציאת צדיק עושה רושם, שבזמן שהצדיק בעיר – היא הודה היא זיווה היא הדרה, יצא משם – פינה זיווה פינה הדרה. וכן: ותצא מן המקום (רות א׳:ז׳) האמור בנעמי ורות.  It is only after the tzaddik/es leaves the city that people see what they had when s/he was there.

Sin Or Salutation

All of the meforshim struggle to explain what the sin of מריבה מי  is.  After all the dust clears it’s still difficult to understand why it’s considered such a grave sin that denies Moshe entry into Eretz Yisroel.  In terms of the episode itself, we find a similar episode earlier in Beshalach (17:6,) yet there a couple of distinctions between them.  In our parsha, Moshe is told to speak to the rock as opposed to earlier he is told to hit the rock as well as earlier he hits a צור but in our parsha a סלע, why are there these differences and what is the difference between a צור  and סלע?

    

One of the classic Telshe chakirot is סימן או סיבה, when there are two events, we can ask is one the cause of the other or just the barometer to determine its presence.  In this case as well, we can ask is the sin of the מריבה מי the cause that Moshe doesn’t enter Eretz Yisroel or was is an indicator that Moshe couldn’t lead the people into Eretz Yisroel. 

According to the Sfas Emes and Rav Tzaddok the sin of Moshe Rabbenu isn’t so grave as to hold him back from entering the land, it demonstrated that he no longer was in touch with the times.  Rav Levi Yitzchok asks why is it that תשבי יתרץ קושיות וביעות, why is it Eliyahu that will answer the questions, why not Moshe Rabbenu?  He explains that the psak halacha must be according to the generation.  Moshe died thousands of years ago; he no longer is aware of what the psak should be for the generation.  Only Eiyahu Hanavei who is still around, comes at a bris, pesach night etc., is aware of the pulse and needs of the generation can give the psak (Kedushas Levi likuttim.)

As discussed earlier, Sefer Bamidbar is the switchover from the generation that left Egypt to the generation entering Eretz Yisroel.  It’s the switch from the experience of the supernatural to that of the natural.  Moshe Rabbenu was the leader for the times of the supernatural.  The name Moshe reflects this essence.  Water represents the desires of an individual (see Tanya end Ch. 1.)  Moshe Rabbenu was completely above all physical desires; he was completely removed from all worldly limitations.  He was the man fit to lead a supernatural existence.  On the other hand, the generation that was entering Eretz Yisroel was a people that had to live in the limits of mundane life.  They weren’t completely removed from human desires.  In order to lead the nation, Moshe would have to be able to recognize and adapt to the change in the people.  

The generation that left Egypt had no feelings of self, they had no personal existence, all they had came from Hashem.  They had no personal desires, traits and talents to cultivate.  In that time, it was a time to beat the צור, a rock that is completely hardened inside and out.  It was a time to kill out any feelings of self and just accept what came from Hashem.  However, fast-forwarding to our parsha, times had changed.  It was time to enter Eretz Yisroel, it was a new generation that hadn’t been scarred by years of slavery.  They had a sense of self, a personal existence to cultivate and develop.  The task of Moshe was no longer to beat them down, it was to draw out their powers and capabilities to be used in a positive manner.  The סלע is made of a סמך, למד, עין.  The middle letter’s spells out מים, the outside is hard but inside there is life.  Moshe’s job was to show that the rock has inside of it waters, ונתן מימיו, to be able to draw out the water from inside of it.  To foster the desires, talents and capabilities the next generation had and use it to serve Hashem. 

Moshe however, was afraid of the consequences that could happen if a person isn’t curbed and rung in and persisted with the old methodology of hitting the rock, of beating one’s physical self instead of handling it gently and with care, with soft words.  Moshe was thus unfit to be the leader anymore and Hashem told him a replacement would have to be put in place.

[Based upon Sfas Emes, Rav Tzaddok (Risasei Lalyah #56,) Kli Yakar (20:8) and Or HaTorah of Tzemach Tzedek and shiurim from Rabbi Y.Y. Jacobson.]