Wednesday, June 23, 2010

Reconciling Opposites


Parah Adumah Helps Us Understand the Current Situation in Eretz Yisroel
By Rav Moshe Sternbuch
      The following was written by Rabbi Daniel Yaakov Travis based on a drasha given by Rav Moshe Sternbuch, Rosh Av Beis Din of the Eidah Hachareidis of Yerushalayim.
      * * * * *
UTILIZING ARROGANCE
      Parah adumah is the chok of the Torah, for it simultaneously purifies the impure and makes the pure impure. While even Shlomo Hamelech could not fathom the full depths of this seemingly contradictory functioning, this mitzvah alludes to very deep concepts that even we can appreciate.
      In the application of the parah adumah, we find more opposites. The parah was first burned and mixed with water, and then applied with the branches of a cedar tree (erez), hyssop (ezov), and scarlet (tolas). The cedar tree is the tallest of all plants and hints to the attribute of gaavah, haughtiness, while hyssop and scarlet are from the smallest of shrubs and are reminiscent of anavah, humility.
      Arrogance is extremely harmful, and is generally considered to be one of the worst middos. However, in certain situations, there is a place for it, and it can be harnessed for the good. If used properly, it can help elevate a person to the highest levels.
      When a person starts learning Torah, there is a massive amount of knowledge in front of him, but he knows almost nothing. Looking objectively at his own talents versus the challenges that lie ahead of him could cause him to drop the whole endeavor and give up. At this point, a person is allowed to feel a certain amount of haughtiness, for this can act as an impetus to push him to become a gadol baTorah.
      Once a person has acquired a certain amount of Torah knowledge and recognizes what it means to be a talmid chochom, he should try to reverse his feelings. At this point, he should work on humility and recognize how miniscule he is vis-à-vis his Creator and the rest of the Torah that lies in front of him. This attitude will give him more siyata diShmaya and help him achieve much higher levels of Torah understanding.
      Using the above concepts, the Baal Shem Tov explained what is hinted to in the seemingly contradictory nature of parah adumah. Arrogance has the power to purify the impure at the beginning of their endeavor to become a talmid chochom. Overestimating one's abilities will save a person from the feeling of despair that he will never achieve anything.
      However, once a person has reached a level of understanding regarding what Torah is really meant to be - once he has attained some purity - then haughtiness becomes a dangerous attribute. At this point, the very same attribute that he initially used to elevate himself in his Torah learning - to purify the impure - can now cause him to become impure and to plummet to the lowest depths. He should try to swing to the opposite extreme and work on humility.
DANGER OR PROTECTION
      We can understand the seemingly contradictory nature of the parah adumah in another light. Chazal reveal that Torah can be a sam hachaim, an elixir of life, or a sam hamovess, a deadly poison. When a person recognizes that Torah is the word of Hashem, and he uses his learning to bring himself closer to his Creator, then Torah has life-giving qualities. Even someone who is currently considered impure, as a result of transgressions, can be elevated to the highest level.
      However, if a person learns Torah as he would any other wisdom, Torah becomes extremely dangerous. A person can use his knowledge to embarrass others and transgress in various ways. Even a tzaddik can become impure as a result of learning Torah with corrupt intentions.
      Based on this, we can understand another difficult parsha of the Torah. Chazal tell us that when Yisro offered Moshe Rabbeinu the chance to marry his daughter Tziporah, he made a stipulation that their first child should become a priest to idol worship. After Yisro gave up a life of idolatry, how could he request that his grandchildren follow the same path that he abandoned?
      Yisro recognized the danger of learning Torah for the wrong reasons. He felt that one should first try and grasp the futility of all other paths. Once a person comes to the understanding that all other ways are wrong and that Torah is the way to properly live one's life, then he could embark on learning Torah with the correct attitude without running the risk of it being a sam hamovess.
      Although Yisro was correct in his perception of learning Torah for the right reasons, his methodology was mistaken. First, a person must internalize “ain k'Elokeinu” - that there is no other power in the world aside from the Almighty - and only then can he grasp “mi k'Elokeinu,” the deeper understanding of His existence. A person who starts off his search for truth by trying to negate all of the mistaken ideologies that exist in the world might be drawn after them in the process and wind up actually more distanced from Torah.
DIFFICULT QUESTIONS
      People who follow Yisro's ideology and have not completely internalized “ein k'Elokeinu might ask, “Where was the Almighty during the Holocaust? How could He stand by silently during the slaughter of millions of Jews, including women, children and cripples?” These and other similar questions plague them and do not allow them to achieve complete emunah.
      “His [the Almighty's] thoughts are not ours.” His thoughts are not on the same plane as ours, and we cannot hope to fathom the depth of His intentions. We must realize that just as we cannot comprehend the parah adumah, we cannot achieve a complete understanding of  Hashem's ways in this world.
      The Chofetz Chaim compares this to an out-of-town guest who comes to shul for Shabbos. He sees aliyos being handed out, and at first glance, he thinks it is random and concludes that there is no reasoning behind this allotment. Why is a simple person receiving an aliyah, while an esteemed rov is not honored?
      The Chofetz Chaim explains that the confused guest does not realize the broader spectrum of what is going on in that shul. Next week, the rov is making a bar mitzvah for his son and will receive an aliyah then. The simple person has not been called up to the Torah in the past six months and is therefore getting an aliyah this Shabbos.
      So, too, explains the Chofetz Chaim, we are not in touch with the full gamut of what is taking place in this world. We see life through our narrow perspective, but in truth, the picture is much broader. Only by accustoming ourselves to recognize the limitation of our vision can we hope to come to terms with life as we see it.
ERETZ YISROEL
      In our days, we must also reconcile opposites and deal with difficult questions of emunah. Jews come to Eretz Yisrael to seek out a life of kedushah vetaharah, and to try to give their children the best possible chinuch of how a Jew should live his life. They are willing to live simply in order to be able to serve Hashem in His home.
      In the midst of this mesirus nefesh, they find that they are thwarted by the secular government in achieving their goals. Last week, forty-three parents from Moshav Emmanuel were thrown in jail because they desired a higher level of chinuch for their children. The secular court system justified this verdict, claiming that halacha and the words of gedolei Torah must bow in the face of their ruling.
      In another incident, Rav Sternbuch was violently attacked by police officers who shot gas directly in the rov's face. The rov could not see for ten minutes and needed medical attention even afterward, but, bechasdei Hashem, no lasting damage was caused. How can we understand why in Eretz Yisroel, in the palace of the King, such atrocities take place?
      Rav Mordechai Pogromansky said that right before the coming of Moshiach, the final nisyonos will be regarding Eretz Yisroel. The Almighty will test whether the Jews living there are completely given over to His will. Those who successfully overcome these challenges and are faithful to Him will merit redemption.
      Hashem's eyes are not on those misguided individuals who are imposing these restrictions. Rather, His eyes are focused on how we will strengthen ourselves under this persecution and use these incidents to solidify our emunah.. May we see the implementation of the true Torah leadership in Eretz Yisroel quickly.
      * * * * *
      Rabbi Travis is a rosh kollel of Kollel Toras Chaim in Yerushalayim, and is the author of Shaylos U'Teshuvos Toras Chaim and "Praying With Joy - A Daily Tefilla Companion," a practical daily guide to improving one's prayers, available from Feldheim Publishers. Rav Shternbuch's weekly shiurim on the parsha, compiled and edited by Rabbi Travis, are now available as a sefer titled “A Voice in the Darkness.” For more information about his work, contact dytravis@actcom.com.
TEASER
The secular court system justified this verdict, claiming that halacha and the words of gedolei Torah must bow in the face of their ruling.
 

Thursday, June 17, 2010

Korach as the Prototype of Machlokes Shelo L'Sheim Shomayim



 
By Rav Moshe Sternbuch 
      The following was written by Rabbi Daniel Yaakov Travis based on a drasha given by Rav Moshe Sternbuch, Rosh Av Beis Din of the Eidah Hachareidis of Yerushalayim.
      * * * * *
PORTRAYING GOOD INTENTIONS
      The Mishnah in Pirkei Avos lists the dispute of Korach and Moshe Rabbeinu as the classic example of a machlokes that is not l'sheim Shomayim. At first glance, nothing could seem farther from the truth. Korach came with eloquent claims that every member of the Jewish people is holy, and outwardly appeared extremely l'sheim Shomayim.
      Herein lies the deeper meaning of the Mishnah. Although Korach was motivated by a desire for honor, he portrayed sincere and pure intentions. Because Korach looked like he was acting l'shem Shomayim, his argument was more convincing than those of most resha'im, and this made him far more dangerous than others.
      Korach argued that the entire congregation is holy and Hashem is betocham, amongst them. “Betocham implied that every Jew's heart was imbued with the Divine spirit and this elevated every Jew to the highest level. In light of the great kedushah that every Jew had, they did not need Moshe Rabbeinu to be the leader of Klal Yisroel.
      In more recent history, we find that the renowned Zionist Theodore Herzl used similar tactics. Herzl was a masterful speaker, and although his true agenda was to abolish any trace of Torah from the Jewish people, in his speeches he would stress the need to return to Eretz Yisroel. By latching on to such a holy concept as returning to Israel, Herzl made himself appear as if he were truly interested solely in the welfare and the strengthening of the Jewish community.
      Many prominent rabbonim were taken in by Herzl's persuasive speeches and felt that, under his leadership, salvation was possible. Rav Chaim Brisker, however, stood up against him and revealed that his great sincerity was actually the greatest danger that the Jewish people of that time faced. People would flock after his idealism only to find themselves pulled away from Torah.
      After the formation of the state of Israel, Herzl's true ideologies were revealed. It was clear that the primary motivating factor behind setting up the state was to eliminate Torah Judaism from Klal Yisroel. The Brisker Rov commented, “It took people seventy years to understand what my father meant.”
THE DANGER OF KEEPING QUIET
      Although Korach died still holding on to his erroneous ideologies, his children repented right before their death sentence was Divinely administered. They were not held responsible for their father's actions, and their teshuvah was accepted. Chazal tell us that until this day, they have a special corner in Gehennom where they sing, “Moshe Emes VeToraso Emes.”
      Seemingly, the teshuvah that Korach's children did right before they died should have been sufficient for them to merit Gan Eden. If they sincerely repented, why did they have to go to Gehennom? What is the deeper meaning of their singing shirah in the midst of Gehennom?
      In truth, Korach's children recognized the false nature of their father's arguments much earlier. They should have protested their father's actions before he was swallowed up into the earth. Because they remained quiet and did not take action against their father's insidious deeds, they could not be included in the reward of the rest of the Jewish people in Gan Eden.
      Right before they were swallowed into the earth, Korach's children were able to act on their recognition of their father's ways. Since they did teshuvah right before they died, they were not included in the harsh punishment of Korach and the rest of their followers. Instead, they received a middle ground, existing in Gehennom but singing the praises of the Torah.
JUST LIKE AMALEIK
      How far-reaching was Korach's evil nature? The Ba'al HaTurim reveals that Korach's ideology was similar to that of Amaleik. The initial comparison seems difficult to comprehend, as the Torah considers Amaleik evil incarnate.
      Amaleik's evil was not limited to their transgressions, but was inherent in their very nature. They all saw the miracles that Hashem performed, and yet they still planned a rebellion against the Almighty. Their readiness to battle G-d after seeing His strength displayed their extreme chutzpah, sheer brazenness, in the face of witnessing truth.
      Korach took part and witnessed all of the miracles that Hashem did for the Jewish people when leaving Mitzrayim. This did not deter him from going ahead with his rebellion against Moshe Rabbeinu, who was personally appointed by the Almighty to lead the Jewish people. Korach's actions also showed great chutzpah, and therefore his actions can legitimately be compared to those of Amaleik.
INNER BEAUTY
      After the incident of Korach, we find that, once again, the leadership of the Jewish people was challenged when part of Klal Yisroel complained and instigated the argument of whether Aharon was really worthy to direct the Jewish people. Aharon was a complete tzaddik who went quietly in the ways of Hashem and did not have the flamboyance of Korach.
      Hashem commanded to take the staffs of each of the roshei shevatim, including that of Aharon to represent Levi, and to write each leader's name on his staff. Then, the staff of the individual who was fitting to lead the Jewish people would sprout flowers. What was it about this act that proved Aharon was, in fact, worthy to guide Klal Yisroel?
      While Aharon might not have shared Korach's charisma - a quality that many people deem essential to good leadership - he was a complete tzaddik, which is, objectively, far more important. The proof of his righteousness was in his actions, which were the external manifestation of his exalted level. Hashem showed and attested to Aharon's inner beauty when He caused his staff to sprout elegant flowers.
      Hashem demonstrated that even though Aharon was quiet in his ways, this did not inhibit what he was able to accomplish. The fruit and flowers that sprouted from his staff showed just the opposite - the quiet tzaddik who does not expend himself on boisterous statements and behavior can save his energy for mitzvos.
      The Vilna Gaon writes that in the final generations before Moshiach, the leaders of the Jewish people will be from the eirev rav. In today's world, where sheker is rampant, we must be ever so careful of Jewish leaders who act flamboyantly, but whose actions are motivated by wrong intentions. Hashem should protect us from such charlatans, and help us to recognize who the true gedolim of the Jewish people are. 
      * * * * *
      Rabbi Travis is a rosh kollel of Kollel Toras Chaim in Yerushalayim, and is the author of Shaylos U'Teshuvos Toras Chaim and "Praying With Joy - A Daily Tefilla Companion," a practical daily guide to improving one's prayers, available from Feldheim Publishers. Rav Shternbuch's weekly shiurim on the parsha, compiled and edited by Rabbi Travis, are now available as a sefer titled “A Voice in the Darkness.” For more information about his work, contact dytravis@actcom.com. 

The Anisakis – A Boring Bug







The  Life of a Bug
  Recently a tiny worm called the Anisakis has made the headlines in the Jewish world. Although this bug lives a relatively placid and boring life, his claim to fame is his infestation of salmon and other fish. Let us try to understand what this controversy is about, and how his presence affects the halachic status of the fish it appears in.
  The Gemara in Chulin 67b writes that bugs found in the stomach of animals and fish are forbidden. If these insects are found in the flesh of an animal, they are considered to be a part of its meat. Since they have taken residence and grown inside the meat, they are considered to be an actual part of the flesh of the animal.
   In such circumstances their status differs depending if they are found in meat or fish. Meat requires shechita to permit it, and this shechita does not help permit the bugs. Therefore one can not eat the meat without first removing the bugs.
  However fish do not require shechita or any other process to render them permitted. Since these bugs are considered part of the actual flesh of the animal, they take on the same halachic status as the flesh of the fish. Therefore the Gemara, Rishonim and the Shulchan Aruch 84,16 rule that bugs found in the meat flesh of fish are mutar to eat.
  Thus these fish worms present us with a fascinating halachic situation. While Jews generally cringe at the site of a bug or worm in our food, the insects found in the flesh of the fish are 100% glatt kosher. The Gemara says that Revina, the coauthor of Shas, would eat them but ask his mother to cover up the bugs in the fish so he would not have to look at these revolting creatures while eating his food.
  Based on the above parameters, we seemingly have clear guidelines to deal with any shayla. If the bug is found in the stomach of the fish it cannot eaten, and if it is discovered in the flesh it is permitted. Wherein lies the difficulty?
  In steps the Anisakis worm. According to the research and observations of scientists and others, this bug originates in the stomach of the fish and bores its way into the flesh of its carrier. Boring its way from one place to another creates complicated circumstances for the concerned Jewish fish consumer as whether he can eat this fish without first removing the worms. 
  Since the bug was originally found in the stomach, seemingly it should be categorized as a stomach bug and be forbidden. However after it bores its way from the innards to the flesh, perhaps we should judge its status as a flesh worm and permit it. Let us try and get some clarity regarding this question which is on the table of the greatest halachic authorities of our time. 
Humble Beginnings
  There are a number of practical and halachic grey areas regarding the Anisakis worm. Each one presents us with a new difficulty in classifying its halachic status. In order to understand these points, we will try and trace the life cycle of this bug.
  The Torah categorizes insects as sheratzim, animals which crawl. Some crawl on the ground, others in the water, and others in the air. Any insects which did not exist in one of these domains can not be forbidden.
  Thus we find the poskim discuss bugs which originate in cheese are permitted to eat. These insects originate and remain in the cheese for the duration of their existence. Since they never crawled out of the cheese they can be eaten together with the cheese.
  Some Anisakis worms start as larva on the bottom of the marine floor, at times tens of thousands of feet under sea level. At this stage of their existence some of them are eaten by crill, small non kosher sea creatures, which are consequently eaten by salmon and other fish. If at this point in time they are microscopic they are a halachic non entity and permitted.
  After these bugs are consumed by salmon and other larger fish, their status should depend on their size. If the worms remain microscopic, they would not become forbidden. However if the grow to a visible size, they should be included in the Gemara’s prohibition against eating bugs found in the stomach.
     Researchers say that while in the stomach of the salmon the worms bore their way into the flesh of the carrier fish. This migration from the stomach to the flesh brings us to the main point of dispute. How will we now classify these worms? 
Points of Doubt
     In any halachic question, the points of doubt involved always make coming out with a clear conclusion difficult. While most questions involve some level of doubt, the amount of unclear points regarding this issue makes coming out with a clear psak a formidable task. We will try to list some of them in order that we can fathom the depth of the arguments of the Gedolim who are discussing these points.
     Some larve of the worm originate on the ocean floor. If at that point they are visible entities they take on the status of sheretz hayam and are forbidden. On the other hand, if they are not visible to the naked eye then they are considered a halachic non-entity and are permitted.
     This doubt continues after the larve are swallowed by the crill. If at that point the Anisakis worm would be visible if it was outside the fish then it may become a sheretz hayam and is forbidden. However it is not clear if a worm which became visible inside of a fish does indeed get a status of issur.
     Even the worms found on the inside of the fish, are not definitely forbidden. The Pri Megadim (Sifsei Da’as 84,43) rules that this is only a safek if these worms originated from outside the fish. However like any Torah issue, even in a case of doubt we are forbidden to eat these worms. 
Worm or Fish
      The Gemara writes that worms found in the flesh of animals are forbidden since the animal meat requires shechita to permit it. At first glance the words of the Gemara are baffling. Why should we think that shechita make a worm permitted?
      Rashi explains that once the bugs become part of the flesh of the animal, they take on the halachic status of the animal and the Shach (84,42) rules like this. Therefore in the case of worms found in the meat of a cow, these worms become meat, and technically require shechita to permit them. Since shechita does not help to permit worms, they remain with the issur of aver min hachai.
      The Chazon Ish (Yoreh Deah 14,13) takes a different approach. He argues that even after these worms have lodged themselves into the meat, since the meat of an animal is not considered food, the worms retain their prohibited status. Fish on the other hand, do not require shechita, and the bugs found retain the food status and do not get an issur of sheretz hamayim.
     According to the Chazon Ish who rules that these bugs retain their status of worm while embedded in the animal because it is not considered food, we may be able to apply this halacha to our case. If the worms become a recognizable entity inside the body of their carrier fish, since they are not considered to be food, they could get a worm status.
     Even according to understanding that the bugs are forbidden because of aver min hachai, these worms may still be forbidden. The reason that they are considered aver min hachai is because they become part of the actual meat. Some poskim say that becoming part of a non kosher fish may give the worms the status of the non-kosher fish (Minchas Chinuch 163). 
 Interpreting Silence
      One of the strongest arguments of those who wish to permit these worms is that the Gemara does not discuss the case of migrating worms. If the halacha is that these worms are forbidden then someone should mention this. Rav Belsky amd Rav Falk understand this is a clear proof that the bugs are permitted.
      Rav Belsky argues that from the stimas of the Shulchan Aruh it must be that these bugs are permitted. It is unlikely that thee was such a major change in metzios, and therefore he concludes that the Aniskais worms that we have today are te same worms that existed in the times of Chazal, and that there is no reason to forbid them.
      Rav Falk agrees with the general principle that the Shulchan Aruch would permit these bugs, and adds lundus to the heter. Rav Falk aargues that any bug which became visible only inside the fish never becomes assur, and cites scientists. The reason for this is just as the sides of the bucket is ribisei, so too inside the fish is certainly rebisei. Since the bug spends its whole existence as reviseh of a sheretz hamayim, there is no time when an issur is chal on it.
      Rav Falk adds that there is  clear distinction between sheretz hayama and sheretz ha’aretz. Sheretz ha’artez is forbidden as soon as it becomes separated from the fruit. Therefore if the fruit is in a basket it becomes assur as soon as it comes out of the fruit. However if the bug comes out of the water, it remains permitted as long as it is still in the sides of the bucket or the well. The reason for this is the sheretz hayam only becomes forbidden after it has completely separated itself from the water, and as long as the bug is in the side of the bucket or the well it is rebisei and mutar.
      Furthermore the Ravyah says that anything that a sheretz hamayim cannot become a sheretz ha’aretz afterwards. The Rema relies on this shita if the bug gets mixed up with food afterwards. In this case the Ravyah would argue there is never a shem issur on this bug.
      If these bugs are mutar, why are the bugs found in the stomach assur. Rav Falk argues that this is a chumrah of Chazal, lest the fish swallow a bug that is forbidden. However these Anasakis worms which are definitely not swallowed seen and never get a halachah of shertez ha’aretz, are definitely permitted, ad there is no room for a safek.
      Rav Wosner (Shevet HaLevi 4,83) in a teshuva written a number of years ago describes an almost identical situation regarding worms that were swallowed up by shrimp.  
      Rav Wosner writes that the scientists definitely can not be trusted to relay the facts correctly. If the metzious however is how they describe, then the fish should be forbidden.
      In the teshuva Rav Wosner brings an opinion that since the worms were swallowed by a fish as larve, perhaps there is no issur. He latter disputes this point in the continuation of h teshuva.   
More S’feikos 
     The Gemara makes an open ended statement that worms found in the fish’s stomach are forbidden and in the meat are permitted. It does not discuss the question of worms which started inside the stomach and traveled into the flesh of the fish. If these worms were at some point visible will we treat them as forbidden as stomach worms or as permitted as flesh worms?
     The matirim that these should now be treated as worms found in the flesh. Even though the Ran and other Rishonim explain that these worms are permitted because they grew in the flesh, these worms also grew somewhat in the flesh of the fish. This would render them permitted.
     There is a major question to be asked on this understanding. If in fact these worms were previously forbidden in the stomach of the fish, how can these worms now make a 180 turn and now become permitted? Once their halachic status is set, it cannot change.
     We add to the difficulty of determining the status of these fish with the following three questions about the life cycle of the Anisakis bug: First, are they in fact swallowed microscopic by the crill, or perhaps they are already visible and prohibited as sheretz hamayim? This issue is extremely difficult to determine as they are consumed very deep on the sea floor.
     Second, even if they were eaten microscopic, do they remain microscopic when they are eaten by the crill? Researchers say that they have found visible Anisakis worms inside the crill. If so they may become forbidden at that point.
     Third, even if they are halachicaly invisible inside the crill, what is their status inside the stomach of the salmon? If at that point they are visible then they would have the status of a sheretz hamayim. When they bore into the flesh they would enter as forbidden entities.
       A further problem is that the poskim write that the bugs found between the flesh and the skin of the fish are permitted. These Anisakis bugs are found inside the flesh of the fish itself, and sometimes near the stomach. This would point to the fact that the bugs found in this fish are not the same ones that are permitted by the Gemara and the poskim.
     Some poskim write that if the worms are found in the brain or lungs that they are definitely forbidden (PriChadash 84,54, Darkei Teshuva 84, Chachmas Adam 38,28). 
Bitul Issur Lechatchila
Even if these bugs are forbidden, perhaps they are batel since they cannot be openly seen in the fish. There are a number of issues to deal with.  
Hukar isura tells us that if the issur is nikar then it has to be removed. Here the issur may not nikar to the naked eye, but under blue light or even fluorescent light the can be seen.  
Taz 104,1 (end) says that by yavesh b’yavesh the issur changes to heter and becomes heter. However if the issur is yavesh b’lach and a person could remove it, the worms remain issur. What about if one cannot remove the worms? 
The Taz cites the Rambam that as long as the issur is not mixed in with the heter it is not batel, and therefore the whey of issur of cheese is not batel. According to this the worms would be a problem. The Rashba holds that even if it is nikar, if you can’t remove the issur it is batel. Since you can remove these bugs the fish should be a problem. 
Can a person cook the salmon thus making it impossible to find the salmon? The Shulchan Aruch 84,13 says a person can cook honey in order to liquefy the honey in order to remove the legs even though taam will go into the honey.  
However the Taz only permits this if there is no other way to rectify the issur. Here on can remove the bugs beforehand so it wouldn't be permitted to be mevatel them, and if it is impossible to remove them it would be mutar.

However all of this applies to v’dai issur. The Shach 114,21 writes that if there is only safek issur then one can prepare the food in a way which will be meatel the issur. The Pri Megadim in Sifei Daas 99,7 argues on the Shach but in Mishavetzos Zehav 99,7 he writes that if it is a tircha to remove the issur and there is no way to eat it b’heter, then it is mutar to be mevatel it. Furthermore this is a safek doraisa and maybe one can only be makil when there is a safek in the metziuous and not a safek in din.  
Here in the case of the fish you have all of these sibos. The issur isn’t immediately nikar, plus it is safek, and plus it is a tircha to remove it. Seemingly this would be a reason to be matir the fish. 
However all of these Achronim are only matir if the situation already existed, e.g. his wheat was infested or his honey had ants in it. Also the bugs are a beriah and perhaps they are not batel.  
Do the bugs survive the cooking? The author heard from a rav who used to be a professional cook that if the fish was cooked for a while them the worms would probably not remain intact. However if the fish was fried or baked (which is usually the case), the worms would probably survive frying or roasting.  
Safek S’feikos
      There is a famous principle in halacha, that a safek s’feika is permitted. The basic premise of this concept is that even when one has to be stringent regarding a case of doubt, when it comes to a doubt which itself is a doubt, the result is not prohibited. In a number of areas of halacha the concept of safek s’feika is utilized to provide  lenient ruling.
     As we have noted, the issue of the Anisakis worms in fish contains some many doubts. Perhaps we can combine these doubts to produce a safek s’feika. On closer introspection, this is not a viable option for a number of resons.
      There are numerous conditions required to have a safek s’feika, and the Shach in his treatise on safek s’feika concludes that this topic is so difficult that one should not utilize any safek s’feika unless it is explicitly mentioned by the Gemara or early poskim. Others argue on this ruling and do make use of safek s’feika. In general we follow the Shach, barring exceptional circumstances when we will use a safek s’feika to rule leniently.
     One of the conditions for formulating a safek s’feika is that each of the doubts must differ from its counter doubt. In this case, although there are numerous doubts, they essentially boil down to a single question: Is this Anisakis worm a sheretz hayam which is forbidden or does it have some other status which is permitted? This would invaildate it from being considered a safek s’feika

 
Conclusion
     Because of all of the technical and halachic questions involved in understanding the Anisakis worm, the poskim of Eretz Yisrael have currently ruled that until these issues are clarified, fish containing the Anazsis worm have the status of safek issur Torah. If these factors can be significantly clarified perhaps this ruling will change. But at the current time the issues is far from clear at this stage.
     While the Anisakis leads a relatively boring life, this little worm has shaken up the entire Jewish world. He has presented us with a set of circumstances which forces us to dig deeper, and try to understand what Chazal meant. May Hashem give us the siyata dismaya to get a better understanding of these halachos.

 

Wednesday, June 9, 2010

Preparing For Moshiach


Learning From the Mistakes of the Meraglim and Tzelafchad
By Rav Moshe Sternbuch 
      The following was written by Rabbi Daniel Yaakov Travis based on a drasha given by Rav Moshe Sternbuch, Rosh Av Beis Din of the Eidah Hachareidis of Yerushalayim.
      * * * * *
LIVING MIRACULOUSLY
      Send for yourself men of stature to spy the land” (Bamidbar 13:2).
      Ten makkosmonn and Krias Yam Suf were among the numerous miracles that Hashem performed for the Jewish people during Yetzias Mitzrayim. After seeing Hashem's Hand perform so many wonders, there was seemingly no place to have any doubt about His ability to take them into Eretz Yisroel. Why was there a need to send spies in beforehand?
      The meraglim knew that Hashem is all powerful and had no difficulty miraculously taking the Jewish people into Eretz Yisroel. However, they also realized that He generally acts according to nature. Spies were sent ahead beforehand to check if the land could be conquered naturally without turning to miracles.
      When the meraglim realized that Eretz Yisroel could not be conquered naturally, they felt that it was improper to go ahead with their conquest. Relying on a change of nature would mean that the Jewish people would have to elevate themselves to be worthy of these miracles, and they did not feel that Klal Yisroel could rise to the occasion. The Sanhedrin met to decide on this issue, and they agreed with the meraglim not to enter Eretz Yisroel.
      Wherein lies the mistake of the meraglim and the Sanhedrin?
      Emunah in Hashem obligates us to recognize that, in truth, there is no difference between nature and miracles. Whatever He wants will be the ultimate reality.
      In truth, living in Eretz Yisroel, in the palace of the King, while witnessing all of the miracles that would be needed to conquer the land, would obligate Klal Yisroel to elevate themselves. The meraglim were correct in their concern that this would not be a simple task.  However, since Hashem commanded us to go into Eretz Yisroel miraculously, there was no room to make calculations that contradicted this, and the meraglim should have put all their worries aside and listened without hesitation. 
LIVING IN ISRAEL
      Rav Sternbuch recounts that when he first traveled to Eretz Yisroel, he traveled via France, and he met up there with Rav Mordechai Pogramansky. Rav Mordechai asked Rav Sternbuch if he was prepared for his trip, and Rav Sternbuch replied that his suitcases were packed and he was ready to go.
      Rav Mordechai responded that his question was not whether he was physically ready. He was referring to the fact that living in Eretz Yisroel requires great preparation beforehand, and one cannot simply hope to have success. For example, while lashon hara is always a serious transgression, in the palace of the King it is much worse.
      It was for this reason that Hashem responded so strongly to the transgression of the meraglim and did not let them, nor the rest of the generation, enter Eretz Yisroel. To live in Eretz Yisroel requires constant recognition that Hashem is the only Ruling Power in the universe. “Hashem is one,” which we repeat every day in Shema Yisroel, must be engraved on the heart and mind of everyone living in Eretz Yisroel.
      In contrast to this clear recognition of Divine power, Amaleik denies Hashem's all-encompassing rule of the world, and does not believe in miracles. Therefore, Hashem commanded us to fight and destroy Amaleik in every generation. We are obligated to completely annihilate their presence from the world.
      Although the meraglim and their entire generation perished in the desert, the underlying philosophy behind their transgression and that of Amaleik lives on. Now, during the time right before the coming of Moshiach, the power of this ideology continues to grow stronger and stronger. On the day of the final revelation of Hashem's complete control of the world, this evil power will disappear, and it will be clear that there is only One controlling force in the world. 
WELL-ROOTED
      …are there trees or not?” (Bamidbar 13:20).
      Rashi explains that the Torah is speaking metaphorically. Trees refer to people with great merit, not simply to plants in the ground. The people knew that the presence of such individuals in Eretz Yisroel would make capturing the land much more difficult.
      What is the deeper meaning of this analogy? Trees are well rooted in the ground and even the strongest gusts can generally not move them. So too, a man of truth is firmly planted, and the gusts of crooked ideologies that blow in the world do not change his way of thinking.
      As we approach the time of Moshiach's arrival, this attribute becomes increasingly more crucial. The winds of falsehood that exist today have reached hurricane proportions, and only someone with very clear hashkofas haTorahcan stand strong in the midst of such gales. We must provide ourselves and our families with the proper Jewish chinuch to ensure that we can maintain our Jewish identities.
      Another attribute of a tree is that it produces fruit. Similarly, a tzaddik is rewarded in this world and the next for the results of his actions as well as the deed itself. The smallest act can produce countless fruit over the span of generations.
      Every year, on a person's yahrtzeit, the niftar is judged for his actions that year. If he has already passed on to the next world, what is the point of analyzing his deeds again and again, year after year? While he can no longer do more mitzvos, what he did in his lifetime continues to bear fruit, and it is on this that he is judged.
      This is the meaning of what we say each day in tefillah, “Eternal life He planted within us.” A Jew who fills his life with Torah and mitzvos is well rooted in the next world even during his lifetime. We must try to do whatever is in our ability during our lives, and in that way, we will reap great benefits in the World to Come.  
GOOD INTENTIONS
      At the end of the parsha, Tzelafchad was mechallel Shabbos. In doing so, he was the first person punished with death for transgressing. After seeing so many miracles, how could he act against the Torah?
      The mMedrash Tanchumah says that Tzelafchad acted lesheim Shomayim. After the entire generation that transgressed was punished, they lost their drive to keep the Torah. They felt that if they wouldn't have a portion in the World to Come, why should they do mitzvos?
      In order to refute this way of thinking, he was mechallel Shabbos. When he received the death penalty for his actions, it was clear to all observers that they must continue to keep the Torah as before. However, with all of Tzelafchad's good intentions, he was mistaken in his thoughts.
      In rare instances, we find the concept of an aveirah lishmah, a sin done with good intentions. These instances are few and far between, and can only be considered after consulting with gedolei Torah. Tzelafchad acted on his own accord, and although he meant well, his transgression was not an aveirah lishmah.
      Some people transgress lesheim Shomayim with numerous good reasons to back up their actions. We must learn from the meraglim and Tzelafchad that even the most elevated intentions are not sufficient reason to sin. Especially during the time before Moshiach when the tests we face are extremely subtle, the need to follow the exact guidelines of the Torah is even more crucial than ever.
      * * * * *
      Rabbi Travis is a rosh kollel of Kollel Toras Chaim in Yerushalayim, and is the author of Shaylos U'Teshuvos Toras Chaim and "Praying With Joy - A Daily Tefilla Companion," a practical daily guide to improving one's prayers, available from Feldheim Publishers. Rav Shternbuch's weekly shiurim on the parsha, compiled and edited by Rabbi Travis, are now available as a sefer titled “A Voice in the Darkness.” For more information about his work, contact dytravis@actcom.com.

       
TEASER 
 


Emunah in Hashem obligates us to recognize that, in truth, there is no difference between nature and miracles. 

Wednesday, June 2, 2010

Change - No You Can't

By Rav Moshe Sternbuch 
      The following was written by Rabbi Daniel Yaakov Travis based on a drasha given by Rav 
Moshe Sternbuch, Rosh Av Beis Din of the Eidah Hachareidis of Yerushalayim.
 * * * * *
THE DANGERS OF DEVIATION
      “And Hashem spoke to Moshe saying, 'Speak to Aharon, and say to him, 'When you light the menorah…' And Aharon did so…” (Bamidbar 8:1-2).
      In the parsha of Beha'aloscha, Hashem commands Aharon regarding the mitzvah of lighting the menorah. The Torah writes that “Aharon did so” to confirm that he did what he was told. Rashi explains that it was to Aharon's great praise that he did not change any of the instructions regarding how to make the menorah.
      Rashi's words are difficult to understand. Obviously, someone who has heard a direct command from the Almighty will do exactly as he was told. Why was it such great praise to Aharon that he didn't change anything in his actualization of what he'd been told?
      There was no question that Aharon would follow Hashem's commands to a tee. However, Aharon could have simultaneously added his own creative nuances to the mitzvah. Because of his complete reliance on Hashem and unwillingness to deviate an iota, Aharon was lauded.
      Aharon's behavior is a lesson for all generations. While every Jew is meant to be intuitive and should constantly question, nevertheless, in cases where Hashem or the chachomim laid down specific guidelines, we must follow them. Deviation from tradition will only lead to disaster.
      Shlomo Hamelech tells us in Mishlei, “Ner mitzvah veTorah ohr,” the light of the menorah represents Torah and mitzvos. Aharon's precision in the mitzvah of lighting the menorah is a lesson for all generations in how meticulous we must be regarding Torah and mitzvos. Any change could be the start of the downfall that can plunge us into complete disaster.
      One good example is chinuch. Modern-day psychologists claim that a child does not have to listen to everything his parents say, that boys and girls should be educated together, and that women should dress in whatever manner they see fit, even if it contradicts tznius, among many other innovations contradictory to the Torah. We must learn from Moshe and Aharon that when it comes to Hashem's commandments, there is no room for “innovations.” 
PERSONALITY CONSTANTS
      We can understand the praise of Aharon in another light as well. Originally, Aharon felt dejected that the nesi'im were all given special tasks, while he seemingly had nothing. The Almighty quickly comforted him, telling him that he would be assigned a much greater job, the lighting of the menorah.
      Even after Aharon found out about his exalted position, his personality did not change. He still retained his humility, despite the great honor he received. This is another aspect of what Chazal meant in saying that he did not change.
      Gedolei Yisroel receive great honor, yet they maintain their humility. Despite all of the kavod they receive, they think that they are not worthy of it. If someone tries to honor them, they flee from it.
      Rav Akiva Eiger was once traveling to a certain town, and when he arrived, thousands of people came out to greet him. He had absolutely no idea why they were there. When they started walking after him, he traveled with them, thinking that it must be a levaya.
      Eventually, after they had walked for a while, Rav Akiva Eiger asked who had passed away. When the people responded that they were following the rov, he was shocked from disbelief and could not believe that this was the reason for the great crowd.
      Even when they ascend to greatness, gedolei Yisroel maintain their humility and do not change their personalities at all.
      Some people might appear to shirk all honor, but, in truth, this is not an expression of humility. They feel that they are so great that no one can possibly honor them properly. This type of person is like Bilaam, who said that even a house full of gold would not be sufficient to compensate him.
      Moshe Rabbeinu, on the other hand, told Hashem, “Anybody else is more worthy to save the Jewish people than I.” Although he recognized his greatness, Moshe felt that since he was given his elevated status as a gift, he did not deserve any recognition. This is the outlook of all gedolei Yisroel, who do not consider themselves worthy of any honor. 
IN A CLASS BY THEMSLEVES
      After Klal Yisroel transgressed with the Eigel, Hashem appointed the Leviim to do the avodah in place of the bechoros, for they had sinned. One would think that the Leviim would receive great honor during their inauguration, and that this would be a ceremony accompanied by great pomp and fanfare. After all, they were assuming a role of great importance amongst the Jewish people.
      Instead, the Torah seems to go to the opposite extreme: Hashem commanded the Leviim to be shaved from head to toe. Seemingly, there could be no greater embarrassment for a person. Why did Hashem choose to start their career as Leviim in such a dishonorable fashion?
      We find another source in the Torah for such humiliating treatment: The metzorah, who was punished for his constant slander, was also shaved in their entirety and sent out of machaneh Yisroel. These acts of social disgrace were meant to drive home the severity of the metzorah's transgression, showing how he had distanced himself from his fellow Jews, and thus teach him to guard his tongue from lashon harah.
        Leviim were tzaddikim and did not require this treatment as a punishment, but there was a crucial concept that Hashem wished to teach them. Shaving them from head to toe would imbue them with this concept. What is it that the Almighty wanted them to learn from this?
      Shevet Levi was separated from the rest of the Jewish people to be the special servants of Hashem. In order to fulfill this role, the Almighty commanded the rest of Klal Yisroel to take care of the financial needs of all the Leviimthrough terumah, maaser, reishis hagez, and all of the other gifts they received. The nature of this relationship could easily cause others to look at the Leviim as shnorrers, and even lead others to disgrace them.
      Preparation always helps a person deal with nisyonos that Hashem sends him. In order to get the Leviim ready for the potential disgrace that they might encounter, Hashem commanded that their bodies should be shaved in their entirety. Inevitably, they would feel separation from other Jews, and this would ready them for future incidents.
      Bnei Torah who wish to spend a number of years of their lives devoted to learning Torah might find themselves in a similar situation. Often, the only way that they can manage financially is to accept help from others. This could easily bring them to a feeling of slight and dishonor.
      Hashem taught the Leviim that the disgrace they might encounter was worthwhile in order to maintain their exalted role. So too, Bnei Torah who devote their time to limud haTorah should recognize that any embarrassment they might encounter is well worth it for the reward that lies in store for them in this world and the next. This is a crucial thought for lomdei Torah and tomchei Torah alike.
      * * * * *
      Rabbi Travis is a rosh kollel of Kollel Toras Chaim in Yerushalayim, and is the author of Shaylos U'Teshuvos Toras Chaim and "Praying With Joy - A Daily Tefilla Companion," a practical daily guide to improving one's prayers, available from Feldheim Publishers. Rav Shternbuch's weekly shiurim on the parsha, compiled and edited by Rabbi Travis, are now available as a sefer titled “A Voice in the Darkness.” For more information about his work, contact dytravis@actcom.com.

       
TEASER 

Bnei Torah who devote their time to limud haTorah should recognize that any embarrassment they might encounter is well worth it for the reward that lies in store for them… 

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