Professional Documents
Culture Documents
Mishpatim 5775
Mishpatim 5775
The wise men of Yisrael explain that the mitzva to hate one who has
sinned is only valid if we have first fulfilled the mitzva of rebuking
the sinner. But since the sages have taught us that today nobody
knows the proper way to rebuke, we are not allowed to hate another
Jew. As the Chazon Ish wrote: "The law that an evil person should be
put into a pit and not be given help to extricate himself is valid only
when the Divine supervision is openly revealed, but at the time when
it is hidden and the simple folks have lost their faith... And since our
main goal is to mend the situation... We must bring them back with
strong bands of love and stand them up in a ray of light, as far as we
can go."
At this time when the political parties are struggling against each
other, it is appropriate to remember the words of Rav Avraham
Yitzchak Kook: "It is a bad sign for any party to feel that it and only
it holds the key to the source of all wisdom and all honesty, and that
everybody else is only pure vanity and blowing in the wind."
POINT OF VIEW
Abandoning Students with Special Needs - by Zevulun Orlev
This week's Torah portion is filled with social mitzvot, between one
man and another, and they are all centered around protecting the
weak and those who are in need of our support. Rashi comments on
these mitzvot that they are just as important as the Ten
Commandments: "Just as they are from Sinai, so are the others from
Sinai."
Unique Educational Institutions
Recently there was a strike of teachers and parents in the "Bnei
Chayil" Yeshiva in Kedumim, which escaped the notice of the major
headlines. This yeshiva, which has a well-deserved reputation for
caring for students with special needs and learning deficiencies,
such as impairment of attention and concentration, is in danger
of closing. This situation should light up a red warning light for us
all.
For the last year a struggle has been taking place about the future of
five religious Zionist high schools which share the vision of being a
normal institution that accepts special needs children which would
otherwise be sent to schools for special education. The five schools
are: "Neve Ruchama" for girls, "Bnei Chayil (Tzviyah)" in Jerusalem,
"Bnei Chayil" in Kedumim, "Ahavat Yisrael" in Kochav Hashachar,
and the yeshiva in Alonei Habashan, on the Golan. The principals of
these schools believe that special-needs children have a better chance
of success if they are allowed to study in a school that is not labeled
as "special education." And they have proven successes in such
matters as marks on the countrywide "Bagrut" matriculation exams,
post-graduate study in Hesder yeshivot and military prep schools,
service in the IDF, setting up a family, and full integration into their
communities. This enterprise is a remarkable story of achieving an
educational vision, with the focus of the success dependent on the
self-image of the students.
The great success was made possible in part because the schools were
able to convince the Ministry of Education to provide budgets for
these students as if they were studying in special needs schools
(technically, this means "code 07," which provides substantially
higher budgets than for regular students), since it is clear that extra
resources are needed to take care of them. But this is a problem, since
from the beginning the Ministry put severe limits on the number of
special needs students that the schools were allowed to admit: first
10% of the total number of students, and then 20%, 30%, and 40%.
A tough struggle was needed for each increase of the limit. It is
interesting to ask why this matters at all to the Ministry, since a
student will be budgeted according to the same "code" no matter
where he studies. But in spite of this, the Department of Special
Education of the Education Ministry has fought with all its
might to keep the percentages low. Why is this so? It is because
these institutions are not in the "territory" and under the supervision
of the Department of Special Education. That is, what we have
before us is a power struggle within the Ministry of Education.
The Retreat of the Ministry of Education
After all of this, four years ago the matter was settled and the
required budgets were approved. However, a year ago the Ministry
changed its mind. Evidently the staff began to feel that public
support for the institutions was waning, and they once put sharp
limits on the number of special needs students that could be
accepted. In spite of the budget cuts the schools continued their
educational tasks as in the past. But when the government was
dispersed, the situation became worse and alternative arrangements
that had been set up were no longer honored. When the danger
became imminent and the budget dried up completely, the parents of
"Bnei Chayil" in Kedumim initiated a strike. Immediately, the Office
of the Prime Minister (substituting for the Minister of Education,
who had resigned) became involved. The General Manager of the
Ministry called an urgent meeting, but there is still no permanent and
stable solution. Meanwhile (as of the end of Shabbat of the Torah
portion of Yitro), external considerations continue to take precedence
over the good of the students.
The moral level of government education must be judged by
the way it treats students with special needs, such as those who
are impaired or who come from weak socioeconomic backgrounds.
And we cannot avoid the difficult question: Where are the public and
its leaders? Why is this problem being ignored? Why do we not hear
about a grass-roots movement to provide support for these righteous
institutions? And do not be fooled by public relations headlines about
prominent figures who "as it were" are lending their support.
Problems are not solved by headlines and by newspaper stories.
I have written in the past in this column that as far as I am
concerned the closing of an educational institution is worse
than uprooting a settlement, something which we all view as an
unforgivable and terrible act. Settlements which are destroyed can be
rebuilt, but in general when an educational institution is closed it
cannot be reopened. Its students scatter to other places, and it will be
impossible to bring them back. In this case, they will all be in search
of special needs schools, which may not be readily available. There is
in general no way to give back a stolen education, and such a loss can
be a mortal wound to the needs of the students.
What we have in front of us is a moral-public test of the highest
degree Where does the value of education stand in general and the
that the Holy One, Blessed be He, gave us the Torah and that we are
observing His mitzvot can be considered an adult when he reaches
the age of 13 (even if his intelligence level is only that of a 5 or 6 year
old). Such a child can be counted in a minyan and is accepted for
other purposes, but he will not be liable for punishment for a sin, and
he will not be accepted as a valid witness. (Responsa Minchat Shlomo
volume 1, 34).
The Laws of Shemitta in the Garden
As noted above, in about 80% of the specific garden the planting is
done in plastic containers. On the face of it, these are hydroponic
beds, and if they are inside a house (underneath a roof) the Chazon
Ish has ruled that one who is lenient has a good source for his actions
(Shevi'it 22:1; 26:4).
In our case these are very large beds, which some rabbis consider as
being attached to the ground because of their size, but we can still be
lenient in our case for several reasons: (1) Some rabbis are lenient
when growing under a roof even if the bed is not separated from the
ground. (2) Some rabbis do consider a large bed as hydroponic
growing. (3) The Chazon Ish does not consider a bed that holds 400
liters as being attached to the ground. (4) In our case the issue is one
of a doubt in a rabbinical decree.
Another point for discussion is whether we can be lenient in a case
where the purpose of the planting is therapeutic and not as a means
of planting, but since from the point of view of the patient the
planting is indeed the main objective, this consideration cannot be
used as a mitigating factor.
In Practice
We should differentiate between different levels of those being
treated. People with a mild mental disability or mental frailty
(whose mental level is at least that of a seven-year-old) should only
plant inside the plastic containers. A shade mesh (with at least 50%
density) should be spread out over the containers, and plastic sheets
should be put underneath them. In this way the plants in the
containers will be considered as hydroponic beds underneath a roof.
People with extreme mental disability are not obligated by the
mitzvot, and they can therefore plant directly in the ground.
However, it is best even for them to create a place where the halacha
allows planting, especially since the exact halachic definition of the
level of disability which leads to a lack of obligation is not clear.
Therefore, these areas too should be covered by a mesh (more than
50% density), since some rabbis are lenient today in any case where
planting takes place under a roof (even in the ground itself). We can
certainly be lenient in this case of a therapeutic garden.
Summary
This response was given to the Akim organization in Jerusalem, and
they did indeed fulfill the halachic requirements. I therefore
wrote to them giving permission to operate as outlined above.
As part of the process of responding to this question I went to see
the garden for myself. In this way I became acquainted with this very
worthy enterprise, which provides help and support for these
precious people. Their mission is difficult and complex, and it
requires great mental strength. I hope and pray that G-d will give
them the strength and happiness that they need in order to succeed in
their vital mission!
WHAT IS THAT PHRASE?
In those Days on this Date - by Yaacov Etzion
On both Chanukah and Purim we recite two blessings the first time
we perform the special mitzva of the holiday lighting candles or
reading the Megillah - which includes the phrase, "This time." The
first blessing is, "He who performed miracles for our ancestors in
those days, at this time," and the second one is "shehechiyanu" "that
You kept us alive and maintained our existence, and allowed us to
reach this time."
However, the meaning of the phrase is different in the two blessings.
In the second blessing, the phrase "this time" refers to the present
time, at the moment the blessing is recited. In the blessing about the
miracles, on the other hand, we are referring to the wonders that He
performed many years ago, in "those days," on the date which we
are celebrating.
There are those who explained that the phrase "at this time" in the
blessing on the miracles is a way of giving thanks for the miracles of
the past and also for the miracles that we experience every day of our
lives, but this does not seem to be a straightforward use of language.
In early versions of the blessing the text is shorter: "He who
performed miracles for our ancestors at this time." This is clearly
a reference to the current date and not to the current era in which we
live.
For example, see the Responsa of Rav Achai Gaon. "On a day when
a miracle happened to Yisrael, such as Chanukah and Purim, one is
required to recite the blessing, 'Blessed is He who performed
miracles for our ancestors at this time.' And the same language is
used upon arriving at a place where a miracle happened to Yisrael:
'He who performed miracles for our ancestors at this place.'" The
same conclusion is implied by a sentence that was part of an older
version of the Al Hanissim prayer: "Just as You performed wonders
and miracles and great feats in those days at this time, so perform
for us, our G-d, good wonders and miracles at this time."
If this is so, why didn't the sages use more precise language, and say
"in those times on this date?" The answer is that the word "taarich"
date did not exist yet when the blessings were formulated. In fact,
the word taarich is basically an Arabic word. It was incorporated into
the Hebrew language as it is today because Jews in Arab lands had a
custom of writing Arabic using Hebrew letters. In Arabic there are
two different letters which are close to the "chet" of Hebrew. One is
a guttural letter, which appears in the name Mohamed. The other is a
palatal letter, which is pronounced somewhat like the letter "chaf"
(without a dot, as in the name of the city Chevron in Arabic El
Chalil). In the middle ages this was represented in Hebrew letters by a
"chaf." And this is how the Arabic word "taarich" was written,
meaning to be a host ("orayach") or to set a date. And this was
incorporated into Hebrew.
STRAIGHT TALK
Women on the Firing Line by Rabbi Yoni Lavie, Manager,
"Chaverim Makshivim" Website
"The Police force is perplexed. A seventh general is being
investigated. A senior officer in the Police is suspected of sexual
You will not see the following questions in any newspaper, and there
is nobody else who dares to throw them out at modern culture, since
they undermine the basic behavioral norms to which the culture has
become so accustomed: When was the last time you came across an
advertisement for a dishwasher or a family room rental that was not
adorned by a picture of a half-dressed model? Does a young girl who
wants to dress in a solid and modest way for a social affair or who
wants to protect her body and her honor until she gets married have
any legitimate way to do this? Or will she automatically become the
object of scorn and mockery? ("What's wrong, baby, did you
suddenly become religious?") Does an adolescent girl have a basic
right to refuse to go to the beach with her classmates because she
feels uncomfortable in the situation (which, come to think of it, is
insane) of revealing herself in her underwear in front of crowds of
men, some of whom are total strangers? Or will she be viewed as a
creature from outer space that just landed on the earth?
The mockery of those who follow religious principles is very funny
when it is spouted by those who follow the dictates of modern
culture, as indicated above. "Secular religion" has commandments
and clear rules that go into great detail about how a woman must
dress (or rather must not dress) and how she must behave. How does
this differ from Mei'ah She'arim or Bnei Berak? Everybody simply
chooses the norm of (non-)dress that she wants. One type is dictated
by the halacha and the other is dictated by the street. Who can say
that the second one is to be preferred?
The culture which disparagingly rejected out of hand the "primitive"
rules of modesty quickly descended to an abyss where a woman who
was created in the image of G-d, who has her own personality,
emotions, and self-respect, is transformed into an object to be used
for marketing and into a body that is measured by external sexual
standards. The link between permissiveness in western culture and
the frighteningly high percentages of harassment and rape is stronger
than the link between smoking and lung cancer. Is anybody ready to
admit this simple fact?
Liability of the Women