Does He Or Does He Not Want Our Korbanot?

Vayikra

Vayikra,Nissan 1, 5772

Does He or Does He Not Want Our Korbanot?

Harav Yosef Carmel

The first two parshiyot of Sefer Vayikra deal extensively with korbanot that Bnei Yisrael are supposed to bring in the Mishkan and, later in history, in the Beit Hamikdash, both as individuals and nationally. Additional sections (in Pekudei and Shemini) describe the serviceat the time of the inauguration of the Mishkan. Without a doubt, sacrifices are one of the major topics of the Chumash, Mishnayot, and the Rambam’s Mishneh Torah. Therefore, the p’sukim in Yeshayahu 43:21-24, which would have been this week’s haftara if not for Parashat Hachodesh, are perplexing. Hashem complains of Bnei Yisrael’s failure to followHis way properly. One of the things the navi says in the name of Hashem is: “I did not make you work with a meal offering, and I did not toil you with levonah (a spice brought as incense on the inner altar).”

There are reminiscent statements, like that which Shmuel said to Shaul: “Does Hashem desire burnt offerings and feast offerings as he desires listening to Hashem’s voice …” (Shumel I, 15:22). However, that is referring to bringing sacrifices instead of listening to Hashem (in that case, Shaul had spared the flocks of Amalek because he wanted to sacrifice them to Hashem). Similarly, in Yeshaya 1, the navi compares the people to those of S’dom and Amora and then says: “Why do I need your many feast offerings?” There, though, the pasuk seems to be saying categorically that Hashem did not command the sacrifices, when we obviously know that our parasha and several others are replete with such commandments.

Some give answers that are difficult to accept, such as that korbanot are not mentioned in the Ten Commandments or that the rebuke was referring to those who brought sacrifices idols instead of Hashem. However, we will focus on the Malbim’s brilliant explanation. The Malbim points out that Hashem never commanded to bring korbanot for sins that were done purposely. Consistently the chatat and asham sacrifices are for sins committed by forgetfulness and oversight, not for intentional sin. Regarding intentional sin, one does not receive atonement and is not permitted to even volunteer such a korban.

In addition to individual korbanot, there are also set public korbanot, including those that atone for sins. Firstly, it is an inescapable eventuality that within the whole community there is someone who has sinned. We may add that when an entire community sins, even if it was ostensibly done intentionally but along with that, with a lack of full knowledge and/or understanding, the Torah treats the matter as an unintentional sin. This is hinted at in the famous pasuk that we recite in the tefilla of Yamim Nora’im: “And it will be forgiven for the whole congregation of Bnei Yisrael and the stranger who lives in their midst, because for the entire nation, it is unintentional” (Bamidbar 15:26).

These principles must guide us in our outlook on any public matter. On one hand, being careful about holy principles in the service of Hashem is not a replacement to “clean hands” and careful following of His commandments. On the other hand, regarding the sins of the community as a whole, we should always view the shortcomings as unintentional sins.

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by Rav Daniel Mann

Question:I am Ashkenazi and vegan.Many of the foods I normally depend on for my nutrition (e.g., soybeans, rice, corn, and other kitniyot)are prohibitedon Pesach. This makes finding food to eat during Pesach very difficult and somewhat decreasesmy holiday joy. Is there any halachic allowance for vegans to eat kitniyot on Pesach?

Answer:One must distinguish between different levels of “kitniyot observance” and different reasons and degrees of veganism.

The main reasons for veganism are: 1) Ethical (the idea of using animals or concern for the inhumane treatment of commercially raised animals); 2) Health (the belief that a vegan diet is healthier); 3) Environmental (the various negative impact of mass raising of animals on the environment). 4) Emotional (the difficulty of eating something that comes from an animal).

All things being equal, vegans motivated by health or environmental concerns should make allowances in their vegan practice during Pesach if keeping the binding minhag of kitniyot harms their diet or significantly curtails their enjoyment on Pesach. A little flexibility for a short, well-defined time period need not compromise the general approach (barring special health concerns). On the other hand, many vegans can keep up their lifestyle only in an “all or nothing” manner. Such disciplined, idealistic people who take special steps to care for their bodies and the world (which the Torah encourages (see Devarim 4:15 and Bereishit 2:15)), deserve appropriate leniency. Those motivated by ethics or emotion are naturally are more likely to refuse partial exceptions. While we cannot expect all people to be vegans or vegetarians, there is a serious school of thought that vegetarianism is preferable (as Rav Kook wrote). Certainly in times where there are serious ethical/halachic concerns with the treatment of commercially raised animals, there is additional value in veganism.

Our general ruling is that, barring extreme circumstances, an Ashkenazi should continue the centuries-old practice of not eating kitniyot on Pesach. While there are dispensations for babies and sick people (Mishna Berura 453:7), a vegan has enough alternatives to be able to avoid kiniyot.However, the rule (with exceptions) is to be lenient regarding questions regarding kitniyot and we believe that many vegans (see above) have the right to follow the most lenient opinions on kitniyot.

We will mention the major areas in which a vegan may be lenient (see Bemareh Habazak IV:51 for more detail).

Species: peanuts, soy, and, quinoa. Igrot Moshe (Orach Chayim III:63, discussing peanuts) presents the thesis that one does not add to the list of kitniyot species based on the logic of botanical characteristics or usage, except where the minhag is indisputable. If there is another questionable food that is important to your diet, feel free to ask us.

Derivatives: Oil derived before Pesach from kitniyot was permitted by some poskim (see Bemareh Habazak, ibid.). If, as is likely, the standard “Kosher for Pesach” alternatives are sufficient, one does not need leniency.

Mixtures: The Terumat Hadeshen (113) says that the stringencies of mixtures for Pesach do not apply to kitniyot. The Rama (OC 453:1) applies this leniency even to a simple majority of non-kitniyot, if the kitniyot element is not discernable and removable (Mishna Berura 453:8). While one may not create such a mixture on Pesach, there is room for leniency to buy it or prepare it before Pesach for Pesach use (see Bemareh Habazak, ibid.).

Not exposed to water: Since even grain does not become chametz without water, if one can insure that kitniyot did not come in contact with water, one can rely on the majority of classical poskim who permitted the matter.

An unsupervised kitniyot product may contain real chametz. Therefore, one either has to obtain and check the raw materials or buy products with a Sephardic Kosher for Pesach hasgacha and check that it does not include a majority of or discernable full-fledged kitniyot.

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Public Tzedaka Vs. Private Tzedaka

(condensed from Ein Ayah, Berachot 9:24)

Gemara: One who spends a long time at his table [merits long life], for maybe a poor person will come along and he will provide him with something, as the pasuk says: “The altar of wood was three cubits high…” (Yechezkel 41:22) and the pasuk [continues]: “He said to me: ‘This is the table that is before Hashem.’” It opens with the altar and finishes with the table. Rabbi Yochanan and Rabbi Elazar both say: When the Beit Hamikdash existed, the altar would atone for Israel, and now a person’s table atones for Israel.

Ein Ayah: Certainly kindness and generosity are foundations of the world any way they are performed. However, we are also commanded to be wise in dealing with the needs of the poor. It is best to handle matters of tzedaka in a manner that will protect society from poverty.

The preferred manner is for the community to take responsibility for the needs of the poor in an organized, efficient, and complete manner. However, when the circumstances do not allow this to happen, individuals have to take responsibility for the giving of tzedaka and see to the realization of the needs to the best of their abilities and resources. When one is forced to act as an individual, he is still able to collaborate in spirit with the group of other people who do acts of kindness that cumulatively save many from hunger, disease, and pain.

The altar is a symbol of national unity, for it is forbidden for there to be more than one altar in the “place that Hashem will choose.” In fact, when members of the tribes of Gad and Reuven built an altar and the rest of the nation thought they were planning to sacrifice on it, people of the nation were very upset, because they saw it as weakening the power of national unity.

The gemara talks about a time when the Beit Hamikdash stood, which refers to the period when the nation was strong, from both a physical and a spiritual perspective. At that time it was possible to utilize national institutions, which reflected the vibrancy of the nation, to meet the needs of people who needed various types of help. The idea of the altar atoning for Israel reflected the improvement in matters of ethics, whether in the realm of relations between man and his Maker or man and his fellow man. The national structure facilitated effective achievement in these areas.

Now that there is no Beit Hamikdash, the individual needs to ‘pick up the slack’ through his personal table, when he simply and literally gives bread to the poor. This table is an unfortunately necessary replacement when there is no an altar and that which it represents. This gemara stresses that whenever there is an opportunity to be generous in a communal setting, all the more so on a national level, we should seize that opportunity. It is wonderful to donate to a general fund for relief of those in suffering. In that way, we get closer to the ideal of the altar.

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Aborted Rental – part I

(condensed from Hemdat Mishpat, rulings of the Eretz Hemdah-Gazit Rabbinical Courts)

Case: The plaintiff (=pl)rented out his apartment on a yearly basis to the defendant (=def) and his family. In the midst of the fourth year of renting, def left the apartment because he got divorced, and the wife and children needed to move close to her parents. Pl was unsuccessful in finding an alternative tenant. Pl claims that def should pay the remaining months of the rental, as the contract states that def must pay until the end of the period even if they leave under oness (extenuating circumstances). Def says he did not read all the conditions of the contract and should not be bound by such an irregular condition. He claims to have had no idea he was going to get divorced during the year.

Ruling: [The first installment will deal with def’s claim that he should not be bound by the conditions of the contract that he had not read.]

The Rashba, in a few reponsa, deals with the claim of one who said he did not understand part of an agreement to which he ostensibly obligated himself. In one place (V, 228) he rejects such a claim, pointing out that otherwise one could never be held to even a valid agreement.

In contrast, in a responsum (I, 1156) about a bride who signed a document stating that a certain property was not hers, the Rashba writes: “she makes a strong claim when saying that she did not understand or hear the contents of the document, because we all know that a bride is not heedful to what it says in her ketuba.” In another responsum, about a document written in a language that the party did not understand, the Rashba writes that we can assume that he relied on his advisers and obligated himself in whatever is written in the document. In that case, we see that knowing that he does not understand is actually reason to be obligated.

Some say that the Rashba changed his mind. The Knesset Hagedola (CM 147:8) suggests two ways of reconciling the response: 1) One cannot claim ignorance on major clauses, but can deny acceptance of side points. 2) We must decide, based on the person who obligated himself, whether it makes sense that he did not know.

In general, the Shulchan Aruch and Rama (CM 61:13) say that one cannot claim that he was unaware of the document’s contents. However, some claim that in extreme cases, we would say that the one obligating himself did not understand. For example, the Mishneh Halachot (XVII, 98) says that if one signed an arbitration agreement that accepts a ruling even if it is based on an outright mistake, we can assume he did not to agree to such an illogical condition.

In our case, none of the reasons to assume that def did not accept the condition applies. The stipulation in question is at the heart of the matter. A normal renter reads a rental agreement, certainly if he signed it himself. The condition of paying until the end of the rental period is not illogical. Therefore, the stipulation of paying until the end of the rental period even if the renter moves out is valid.

[Next time we will investigate whether the condition is valid under unusual circumstances.]

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