The Pesukim of Malchiyos, Zichronos and Shofaros

In the rosh hashana mussaf, we read 10 pesukim from Tanach for each section mentioned above. We read them in the following order: Torah, Kesuvim, then Nevi'im. The question is obvious: Why does Kesuvim come before Nevi'im?

Readers of Nebach are probably thinking “Everyone knows the answer to that! Artscroll p. 454 gives 2 answers!”: We have to start with the torah because its so important, and then we follow the rule “ma'alin b'kodesh v'ein moridin” and do kesuvim, then navi. That answer sounds a little bit forced. Alternatively, since King David wrote most of the Kesuvim pesukim said in mussaf, and he came before the nevi'im, so we say kesuvim first.

While davening, I realized another, similar answer. Its quite simple and obvious. The pesukim in kesuvim are primarily about the past and the present. G-d has reigned, He reigns. He remembers people, past and present. The shofar blows. This is especially true if you just read the pesukim as they are in the machzor.

The pesukim from navi are primarily about the future. G-d will be King, G-d will remember us, the great Shofar will blow. This is obvious just from the quotes alone. Therefore, we first read the pesukim about past and present, and only then read the prophecies of the future.

The 3 Billionth Sinner (draft)

(This post was written after Rosh Hashana, but I only got internet access now.)

The Ramabam, based on the gemara, says a person should always view himself as if he has a perfect balance between zechuyos and avonos and any deed he does now will tip the balance. He should also think the whole world is in a perfect balance, and his next action could either save the world or ruin it.

I used to be bothered by this. What are the chances of everything actually being in a 50-50 balance? What is the point in imagining such a unlikely thing? I could imagine the conversation within a potential sinner's mind:

Yetzer Tov: Wait, Don't sin! Maybe the world is tied right now at exactly 32.7 trillion mitzvoth and aveiros. This one sin might tip the balance!”
Yetzer HaRa: I don't think you a career in law would be good for you.

Next question: What is the point in voting? There's almost no chance that your one vote will tip the numbers! True, if everyone thought like that, no one would vote. When that happens, go ahead and vote! In the meantime, its like buying a lottery ticket without any prize!

Case 3 – Based on a true story! : Dovid's* school is having a trip the next day and the organizers need to know how many people are coming so they know how many busses to call. The sign-up list is a two-minute walk from his room.
Dovid's thoughts: Whats the point in signing up, there's no chance I'll be the 51st person on the last bus. And I could always sit on that seat by the steps.
Should he sign up? (You might notice the questions are getting easier.)



The next day: Dovid hadn't signed up but tries getting on a bus. Unfortunately, there are 42 other people who had the same thoughts as Dovid. There's no space for most of them, so they have to remain in school while everyone else goes on the trip.


A better example: The Altlantic Voyager is giving out tickets for its maiden voyage. It needs to know how many people are coming because it can only hold a certain number of passengers. If too many extra people get on, the boat will sink in the middle. 73 people sneak onto the boat, and the boat unfortunately sinks. Luckily, most people manage to get into lifeboats, and they return home. The surviving stowaways are arrested upon their return home.

At one of the stowaway's courtcase:
Lawyer for the Defence: If my client had been the only stowaway, the boat wouldn't have sunk. And even if he hadn't been on the boat, it would have sunk anyways! He did no wrong!
Q4: Your'e the jury. Should Simon go free?




Each and every person who didn't get a ticket for the boat was part of the reason the boat sunk. It doesn't matter if he was the actual person who crossed the limit, the group as a whole sunk the boat.

When someone doesn't vote, he is among the group of non-voters who could have made a difference. Each one of them is responsible for the their candidate's defeat. They are like the people who didn't sign up on for the bus or boat. The candidate knows how important it is to get his supporters to vote and spends millions trying to get that to happen. He's the one who truly knows how important voting is.

Similarly, each and every sinner is the individually responsible for the world being guilty. He's part of the guilty group who sunk the world.


Whether for voting or being judged, make sure your in the right boat.




*not his real name

Read more >> Options >>

Heter Mechira

The shemittah year is over, but I figured I'll publish some notes on Heter Mechira. Its based on an article in Journal of Halacha and Contemporary Society and on the book Shemittah and Yovel by Dayan I. Grunfeld. Its mostly accurate.

In the early 1900's, the frum residents of Israel would have faced serious hunger problems if they couldn't work the land on shemitah. They came up with a heter mechira in which they would sell the land to a gentile, and have gentiles do some work for them. Nowadays, the farms would lose much international business if they didn't produce food every 7^th year. Therefore they use the heter mechira and work the land themselves. For the heter mechira to be muttar to do, all of the following halachic leniencies must be true. (It may be easier for the shemitah food to be kosher to eat.)

1. Shemitah nowadays is 100% d'rabanan. Other parts of the heter rely on this.

Although there aren't that many views that dispute this, it may be that shemitah should be considered like a d'oraysa because it was accepted with an “curse & a oath ” [see Nechemia 10].

2. Selling the land uproots the kedusha from both the land and the fruit. (Otherwise there would be no point.)

Although even many haredim in Israel are lenient, its not such a simple issue. The main machlokes is between R' Yosef Karo and the Mabit. There is a teshuva of the Rambam that supports the Mabit.

Correction: Many people are lenient and treat peiros nachri without kedushas shevi'is. But almost everyone holds that it is forbidden for a Jew to work on land owned by a gentile. The hetter mechira relies on a minority opinon that permits it.

3. A “Ha'arama Nikeret” is muttar.

This isn't such a serious problem, especially since shemitah is d'rabanan.

4. It is permitted to temporarily sell Jewish land to a gentile.

This is where the heter runs into serious issues. If the sale is real, it should be forbidden. Even renting land to a gentile is rabbinically forbidden! The HM proponents have 2 responses. 1.A temporary sale is permitted yet still works to uproot the kedusha. 2. Its permitted to sell land to Muslims.

Its questionable who exactly the issur to sell land to applies, but an accurate girsa of Rambam Perush HaMishanyos includes all gentiles.

5. The sale is considered a real sale.

If you sell a whole country to one Arab, but there's no way he'll be able to use it in any way, is the sale real? The government doesn't recognize the sale, and Dina d'Malchusa Dina should make it void.

Some Heter proponents rely on the opinion that Dina d'Malchusa Dina doens't apply in Eretz Yisroel because every Jew has a portion in the land.

Other issues

Shemitah was accepted during much harder times and kept through much worse conditions. They never tried such a heter then. A midrash talks of the gentiles who mock the Jews for eating thorns during the shemitah year.

As Israel got richer, the one-time heter became even more lenient. What was once a horas sha'ah to allow non-Jews to do issurei d'rabanan grew into the heter today where shemitah is treated like any other year.

Other Kulas

R' yannai told the people to work the land during shemitah to pay their tax. Perhaps it was similar hardships as now.

Tosafos suggests it was actual pikuach nefesh. The historic evidence shows that a cruel Roman general was waging war against the Persians, and he probably wouldn't have exempted the Jews from their taxes!

According to the Ba'al HaMa'or, shemitah is voluntary!

I would say this das yochid is cancelled out by the da'as yochid that shemitah is d'oraysa. If your choshesh for one, you should be choshesh for the other.

There is some question what the exact year of shemitah is. Perhaps that safek can help to be lenient.

Safek d'rabanan l'kula doesn't apply if it would be mevatel the mitzvah.

The Ironies.

On many issues, each side takes the opposite views of what they usually would hold so they can be for/against the heter mechira. (Or they keep to their veiws and refrain from using an argument.)

1. You can sell sell land in Israel to Muslims.

2. Dina d'Malchusa Dina doesn't apply in Eretz Yisrael.

You wouldn't here the DL community make these argument in other contexts, and many don't even use them for heter mechira.

3. Manuscripts show the girsa in the Rambam was really goy, not akkum.

4. The historic evidence shows Tosafos was right when they said it was pikuach nefesh.

Charedim don't like basing halachos on more accurate manuscripts, and definitely not on historic evidence.