In Parashas Pinchas we find instruction about dividing the Land of Israel: “It shall be divided by lots.” The portions of the Land will be allocated to the Tribes of… Read more »
Category: Dvar Torah
The Torah instruction to recall the deed of Miriam (Devarim 24:9), who was punished by tsora’as after speaking lashon hara about her brother Moshe, is interpreted as a call to… Read more »
The Torah teaches: “When you sell something to your fellow, or buy from your fellow, do no wrong one man his fellow” (Vayikra 25:14). In a subsequent verse, the Torah states: “You shall not wrong one another.”
Dwelling on the two verses, the Gemara explains that the latter verse refers to onaas devarim. This means that causing somebody else emotional pain, by means of verbal, written, or any other form of communication, is a Torah prohibition. This basic prohibition is recorded by the Rambam and by the Shulchan Aruch (Choshen Mishpat 228:1).
The Gemara, moreover, writes that the prohibition of onaas devarim is more stringent even than the Torah transgression of monetary onaah (overcharging).
Several reasons are mentioned for this: The offense is worse since it attacks the person himself, rather than his money. Also the pasuk mentions the fear of G-d in the instruction of onaas devarim, which implies an added degree of severity. And finally, monetary wrongs can be restored by paying back, whereas anguish and grief caused, can never be recalled.
The Gemara adds that the punishment for causing suffering is executed more swiftly than that of monetary wrongs. Hashem, the Gemara explains, hears the call of one who calls Him out of pain and anguish.
In this article we will discuss the parameters and the laws of the prohibition of onaas devarim: Is the offense punishable by Beis Din? Which people does the Torah single out for special care in this context? Is it permitted to insult somebody else in retaliation for verbal assault? These questions, among others, are discussed below.
I am looking for a property to buy in Jerusalem. Recently, a friend notified me of a potential bargain: an elderly person, who is clearly unaware of current market prices, is selling his apartment for a very cheap price, approximately two-thirds the market value. May I purchase the apartment for the suggested price, or must I inform the buyer that the price is too low, and make an offer that reflects current market values?
One of the prominent customs of Lag Ba’Omer is lighting bonfires – a practice throughout Israel and even beyond (see Aruch Hashulchan 493:7). The reason for bonfires on Lag Ba’Omer… Read more »
זאת תהי’ תורת המצורע ביום טהרתו והובא אל הכהן This shall be the law of the Metzora on the day of his purification; he shall be brought before the Kohein… Read more »
אשה כי תזריע וילדה זכר A woman who shall conceive, and give birth to a male Parshas Tazria begins with the birth of a Jewish boy, and a discussion of… Read more »
ועשית את הקרשים למשכן, עצי שטים עומדים And you shall make the planks for the Tabernacle, of acacia wood, standing upright. Having concluded its instructions for crafting the vessels… Read more »
One of the fascinating things about kodashim – matters pertaining to the sacrificial service of the Temple, and formerly of the Mishkan – is the power of the mind. Whereas… Read more »
More often than not, when two parties are involved in a legal dispute of any kind, expenses will be incurred. These expenses can include legal fees (payment to attorneys), loss… Read more »
ויבא משה ויספר לעם את כל דברי ד’ ואת כל המשפטים, ויען כל העם קול אחד ויאמרו כל אשר דבר ד’ נעשה: ויכתב משה את כל דברי ד’ וישכם בבקר… Read more »
OF CAPTIVATION AND CAPTIVITY ואלה המשפטים אשר תשים לפניהם: כי תקנה עבד עברי וגו’ These are the laws you shall place before them: If you shall acquire a Hebrew slave… Read more »
“And it was in the Middle of the Night” The Halachic Time of Chatzos In Parshas Bo, In the introduction to the final plague of the Death of the Firstborns,… Read more »
We find in Parashas Shemos that after his miraculous salvation at the hands of Pharaoh’s daughter, Moshe Rabbeinu refused to nurse from an Egyptian woman, but was rather returned… Read more »
In Parashas Vayechi we find that Yosef is asked by his brothers to forgive them for the offenses they committed against him.
The Torah writes (Bereishis 50:15-18): When Yosef’s brothers saw that their father had died, they said, “What if Yosef holds a grudge against us and pays us back for all the wrongs we did to him?” So they sent word to Yosef, saying, “Your father left these instructions before he died… I ask you to forgive your brothers the sins and the wrongs they committed in treating you badly.”
The Torah says that Yosef wept upon hearing the words, and then replied: “Do not be afraid – for am I in place of G-d? You intended to harm me, but G-d intended it for the good, to accomplish what is now being done, the saving of many lives.”
What remains unclear from the verses is the question of Yosef’s forgiveness: Did he actually forgive his brothers, or not?
Rabbeinu Bachya (50:17) gives the following answer: “Whoever has hurt another is not forgiven until the victim is appeased, even though he has repented. Now, even though the verses mention that Yosef comforted them and spoke to their hearts, which gives the appearance that Yosef forgave them, we nevertheless do not observe anywhere that in fact he did forgive them and put aside the wrong they had done to him. They thus died with their sin, without Yosef’s forgiveness. It is for this reason that their sin required some type of release, which occurred with the [death of the] Ten Martyrs.”
The passage teaches us the importance of procuring forgiveness from one’s fellow after harming him or causing him hurt, and in the present article we will focus of the halachic aspects pertaining to requesting forgiveness.
For which sins is there an obligation to ask forgiveness from one’s fellow? Is there a concurrent obligation to confess and to repent before Heaven? What is the nature of the request for forgiveness, and is there a need to detail the sins? These questions, among others, are discussed below
In Parashas Vayeishev the Torah relates the events involving Yehuda and Tamar, which culminate in Tamar’s trial and later the birth of twins from Yehuda.
A well-known teaching is derived by the Sages from the verses narrating the trial (Bereishis 38:24-26), which tell that Yehuda was informed that his daughter-in-law had become pregnant from an illicit relationship. Yehuda pronounces judgment, and Tamar is taken out to be burned. At this point Tamar sends the signs of Yehuda’s identity (his seal, cord and staff) as proof that he is the father of Tamar’s unborn child. Yehuda justifies Tamar’s actions, and openly confesses the truth of her unspoken claim: “She is more just, than I.”
The actions of Tamar indicate how careful she was to avoid shaming Yehuda in public. The Gemara, in three instances (Berachos 43b; Bava Metzia 59a, Sotah 10b), takes note of the fact that Tamar only produced Yehuda’s possessions as a subtle indication of the identity of her child’s father, without explicitly identifying Yehuda. The Gemara understands that Tamar was prepared to be executed rather than humiliate Yehuda by explicitly identifying him as the father.
On this basis, the Gemara famously concludes: “A person should cast himself into a furnace of fire rather than publicly humiliate his fellow.”
In this week’s article we will dwell on the prohibition of humiliating one’s fellow. What is the nature and the definition of the prohibition? Is there an obligation to forfeit one’s life rather than humiliate somebody else? If not, why was Tamar prepared to give up her life for this matter?
זכור את אשר עשה לך עמלק בדרך בצאתכם ממצרים. אשר קרך בדרך ויזנב בך כל הנחשלים אחריך ואתה עיף ויגע ולא ירא אלקים. והי’ בהניח ד’ אלקיך לך מכל אויביך… Read more »