The 39 Melachos

Introduction: 2. Restrictions of Borer affect all sorts of common actions on Shabbos. However, even though Borer is commonplace, it doesnt mean that all forms of selection are forbidden. In fact, for most of the Shabbos activities affected by Borer, it is very easy to do the activity without breaking Borer. The main way to do this is by observing the following three conditions. The Three Conditions of Borer: Sorting or selecting is permitted when three conditions are simultaneously fulfilled. It is crucial that all three conditions are present. 1. The selection must be done by hand: This condition includes any type of selecting which doesnt involve a Kli- vessel. However, it doesnt mean that the selection must be done literally by hand. On many occasions, a vessel can be Halachically classified as a hand and may be used permissibly for selecting. A vessel is only considered a hand when the utensil is no more instrumental in the selection than that which could be accomplished by ones hand directly. E.g. even though forks, knives and spoons are utensils, one may eat from a plate with a fork as it is no better than using ones hands. Based upon this concept, the Poskim write that it is permitted to use a knife to peel an orange and use the rim of a pot to strain soup slowly. However, this is only permitted due to the context. In other scenarios, it is possible that cutlery would be considered a vessel.

One must select the good from the bad: The name of this rule is slightly misleading as the bad isnt necessarily bad. Simply, the good refers to the item that is desired at the moment and the bad refers to the item that isnt desired. E.g. one who has a bowl of grapes and cherries and wants to eat the grapes now and the cherries later on, the grapes are considered good and the cherries are considered bad. In addition, Borer only includes selecting from a mixture and thereby improving it; merely removing an undesired item that lies in top of other items isnt Borer. The act of removal of an unwanted item to gain access to other desired items is permitted and is called Siluk. E.g. one whose coat is beneath a pile of coats may remove the coats on top to pull out his coat as it is Siluk. The selection must happen just before use. Any selecting and sorting of an item must be just prior to use, known is Myad. But how long is Myad? The answer is that there is no length of Myad rather it is dependent on the individual and the circumstances. As a rule, whatever time is needed by an individual to prepare a food or object for use is considered Myad so he may begin sorting then.

16th October 2013

This Shabbos, Daily Nach will be up to Tehillim Perokim 75-76 Email dailynach@gmail.com or visit www.dailynach.com for more information.
Dvar Torah

Issue No: 446 Shabbos In: 3:55 Shabbos Out: 5:04 Sof Zman Krias Shema: 9:32

The Ramban begins his commentary to Parshas Vayishlach with a short introduction. He outlines the principles we are meant to derive from the encounter between Yaakov and Esav and explains how they apply to us. The first of the three lessons we are meant to take from Yaakovs meeting with Esav is the miraculous way Hashem saved Yaakov from one much stronger than him as the Ramban puts it, citing Yirmiyahu (31:10). For example, the Midrash explains that when the Pasuk says vaychabkehu vayipol al tzavarav and he embraced him and fell upon his neck, it is hinting to the fact that Esav tried to bite Yaakov in the neck and kill him but Hashem turned Yaakovs neck into marble. This is an example of the Rambans first point, namely, the unbelievable miracles Hashem does to save his Tzaddikim. Therefore, this episode is a lesson to us that in any circumstance, regardless of whether they are easy or difficult times, Hashem will be there with us to pull us through. Following on from this, the Ramban makes another important observation. Based on the first point, one could be led to believe that all his troubles will be taken of care of by Hashem without any effort on his part, as long as one has complete trust in Hashem. However, we know this is not the case. The Gemara in Pesachim (64b) tells us lo samchinin anisa we do not rely on miracles, rather we must first do our hishtadlus (effort). The Ramban points out that Yaakov exerted himself bchol ychalto with his every

capability, to secure his salvation. As Rashi quoting the Tanchuma explains, Yaakov gave gifts to Esav, prayed to Hashem, and geared up for war, splitting his camp in half in order that at least half his family would escape intact in the event of a war. Finally, the Ramban employs his rule, everything that happened to our forefathers is an allusion for the future generations (see Ramban to Bereishis, 12:6). The struggle between Yaakov and Esav has continued throughout history, however, the Torah has already given us the manual to be successful. If we hold steadfast to the ways of the Tzaddik, then we, as Yaakov did, will ultimately prevail. Hence, concludes the Ramban, whenever we are faced with a similarly sticky situation, we should do the same three things that Yaakov did and this way we will ensure our survival. The Rambans lesson to us is as crucial now as it has been in any point in history. The Sefer HaChinuch explains that not only was the encounter between Yaakov and Esav a battle which would ensue throughout the ages, but it would be the last struggle before the redemption of Am Yisrael. Therefore, how poignant it is that with the Sonei Yisrael the haters of Israel, constantly attempting to annihilate the Jewish people, whether they act as Achiv- our friends, or as Esav- our enemies, we must remain steadfast to the ways of our forefathers and with that may we merit the geulah shleimah bkarov.

3.

The main Halachos of Borer have now been covered and next week I will discuss how to avoid transgressing Borer and some specific cases of Borer.

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Tannaic Story

Dvar Torah

Rabbi Tarfon was among the great Tannomin, who lived during the timeof the destruction of the Beis Hamikdash. The great Tanna lived in a place called Lydda, he would, however,often he would travel to Yavneh to take part in the dialogue of the Sanhedrin. He was a descendant of a priestly family, on both sides. He used to speak of the times when he used to say the Priestly Blessings in the Beth Hamikdosh, and described the ceremony of the Avodah (Sacred Service). He used to accept "Terumah" (heave-offerings allocated only to the Priests) despite the fact that he was rich, in order to perform the mitzvah. and the money that he ws given from Pidyon haBen Redemption of the First-born, he generally gave away. Rabbi Tarfon never ever wanted to use his great knowledge of the Torah for personal gain, never using his fame and renown to gain wealth or power. Rabbi Tarfon owned a huge amount of orchards, and once he entered one of them and took a fig and began to eat it, the watchman guarding the property did not know his employer personally and grabbed hold of the great sage. He began to hit him. Then the watchman seized his hand, about to throw him in the nearby river. Rabbi Tarfon started lamenting: "It's goodbye for Tarfon . . . ." As soon as the watchman heard this remark he released him. Rabbi Tarfon later felt sad at the thought of having "used the Crown of the Torah." He used his name to save his life, and even so he regretted it deeply.

whether Priests that are unfit physically were permitted to sound the Shofar in the Beth Hamikdash. Rabbi Akiva was of the opinion that they were not permitted to do so. Rabbi Tarfon maintained that he himself had seen his uncle who was lame on one foot; blow the Shofar in the Beth Hamikdash. When Rabbi Akiva remarked that maybe that had happened at a special time, such as at the Yoval -"Jubilee" year, Rabbi Tarfon said that that was indeed the case, and called out: "Happy may be Abraham our father, having such a 'son' as Akiva; Tarfon saw and forgot, but Akiva understood of his own accord. Whosoever parts with you, Akiva, parts with life itself!" The respect given to Rabbi Tarfon, can be seen from the very fact that he was given the title "Father of All Israel." Rabbi Tarfon was extremely particular in honouring his mother. When she once lost her shoe she wanted to step down in her bare feet to look for it. Rabbi Tarfon bent down and placed his hands under her feet so that she should not have to walk on the bare ground!

Speaking about a persons life in this world he said (Avos 2) "The day is short, there is much work, and the workers are lazy, but the reward is great and the Owner is pressing." He added: "You are not duty-bound to finish the work, but on the other hand, you have no right to waste time from it; if you have learned much Torah you will receive great reward; Rabbi Tarfon and Rabbi Akiva very often had differences of your Owner is to be trusted that He will reward you for your opinion as to the meaning of a Mitzvah or rule. Rabbi Tarfon efforts, but be mindful that the reward of the righteous is in was never ashamed to admit that Rabbi Akiva was correct on the World to Come." an issue, if he felt that he himself had made a mistake. On Adapted from Rav Nissan Mindel such example happened when the question arose as to

Q) If davening in an Ashkenazi Shul, is a they are unused to and therefore do tend to person who davens Nusach Sephard keep to their own Nusach. Really one should required to say Viduy before Tachanun? not say Viduy in an Ashkenazi minyan. If necessary, you can say Viduy after davening. Dror Wayne Hasmonean Beis Rabbi A) Rav Moshe Feinstein says that one should daven the Nusach of the Shul they If you have a question on any topic you would are in for all parts of davening apart from like to have answered, just email us at the silent Shemoneh Esrei. However, many Hasmolivingtorah@mail.com or send a text people find it difficult to partake in a Nusach to 07779579188

And Yaakov asked and said what is your name please? And He knew if he could discover the Yetzer Harahs name he he (the Malach) replied, Why do you ask my would be able to define the essence of the Yetzer Harah name? (32:30) and his descendants would know what to expect and how to overcome our eternal enemy. The famous battle between the Malach and Yaakov culminates in the Malach asking Yaakov for his name and When the Malach answered, he wasnt evading Yaakovs bestowing upon him a new one. In response Yaakov question, rather he was answering Yaakovs true question. enquires of the Malachs name, but rather than answering, He was saying there is no point in asking my name, it is a the Malach evades the question with his own question futile question to uncover my essence as I change form in Why do you ask my name? every generation. As we progress, situations change, the temptations change and indeed the Yetzer Harah changes. There is undoubtedly something deeper lying behind this altercation. The Chachamim explain that the Malach was Last week, Hasmonean Year 12 went to Poland and Esavs Malach, who was also the Yetzer Harah. Rav Leib witnessed the remnants of the unspeakable tragedies Chasman suggests that the name of a person reflects his which befell the Jews there. The Nazis were ruthless; they inner essence. He explains how the word for name Sheim had no mercy and committed the most repulsive of crimes. comes from the word Sham meaning there, as it We all understand that physical battles change with the indicates the essence of a person. Yaakov in effect was times. In the 1940s the battlefield for us was Europe. Nowtrying to discover the Yetzer Harahs essence by asking for adays we struggle to defend our homeland, Eretz Yisroel. his name. But most importantly, we were all put into the world to fight a battle, not a physical battle, but rather a spiritual He wanted to know what is it that makes the Yetzer Harah battle; a battle which began when the Malach of Esav tick, what gives him supreme reign over mankind? And the fought against Yaakov, and which is carried on by every Malach replies, Why do you ask my name? Effectively he single one of us today. is telling Yaakov, that his question was redundant. The Yetzer Harah isnt a tangible object; it is not something We stood in front of the Rappaport memorial in Warsaw, anyone of us can relate to. Rather it is a figment of our made from the very stone Hitler planned to use as his imagination, something conjured up by a person who is statue to celebrate his victory and we were told the story of consumed by desire, and it is part of every single one of us. the Ponevezh Rosh Yeshiva, who arrived in Rome exhausted, yet would not rest until he stood before Tituss Arch. Sometimes we lie in the dark and watch huge shadows There, he screamed out in Yiddish Titus, Titus where are forming on the wall. We become scared; perhaps it is an you? Despite the horrors and atrocities of the Nazis, and intruder, or even worse. Yet when we switch the light on all the other nations who have attempted to destroy us, we we realise that our worries were for nothing they were remain a nation of leaders and Tzadikim. We remain standmerely the result of an over active imagination. That is the ing, due to our ability to retain our faith in Hashem, whilst Yetzer Harah a shadow in the night, an entity without all the other nations around us, the Romans, Greeks and essence and when we flick on the light we discover that indeed the Nazis have fallen. The Yetzer Harah is a continuthere is nothing actually there. al force inside every single one of us, which will present a Rav Chaim Dov Keller gives a different explanation. He says new challenge every single day. It is our duty to draw inspithat Yaakov was seeking the key to success for all future ration from those who fought the Yetzer Harah, all those years ago, and go forward like Yaakov, braced into battle. generations of Klal Yisroel.

Riddle: : Three members of the Jewish people whose names are mentioned in the Torah (and were alive at the time) did not go out during Yet Yetzias zias Mitzrayim. Who are they? Answer in next weeks Living Torah Last weeks riddle: In which specific case in which one must either commit a negative commandment which will incur Malkus, or one which will incu incur rd death, eath, is it better to commit the one which will incur death? Answer: When Yom Kippur falls on Shabbos, if someone is about to die from fasting and he can either slaughter and eat a cow, which is no normally rmally punishable by death, or he can eat a carcass which is normally punishable by Malkus, he should slaughter the cow. One reason given is that it is a case of Pikuach Nefesh. Shabbos therefore gets pushed aside so it is as if its not Shabbos at all so it is fine to slaughter the cow. However the si sin no of f eating a carcass remains.