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Hashavas Aveida: Returning Lost Property

  Of the many halachos that come into play as we approach the Pesach festival, one set that almost inevitably comes up is that of hashavas aveidah, returning lost property. A thorough cleaning of a house, and certainly of public institutions of all kinds, invariably turns up property whose ownership is not known. Having discovered […]

Drinking and Judging: Laws of Drinking for Poskim and Dayanim

  The story of the death of the Sons of Aharon, Nadav and Avihu, includes some of the most difficult pesukim to understand. The words are: “Nadav and Avihu, the sons of Aharon, took their respective firepans, and after putting fire in them, placed incense on it and offered strange fire before Hashem, which He […]

Coins, Custom and Contributions: Laws of Machatzis HaShekel

  With Parashas Shekalim behind us, and with the festival of Purim ahead, we take the opportunity to discuss the laws and details of the Machatzis HaShekel obligation. Chazal underscore the importance of the half-Shekel obligation: “It was revealed and known to the Creator of the world that Haman would weigh Shekels against Israel. Therefore, […]

Transparency and Accountability of Charity Workers

  Parashas Pekudei involves a detailed inventory of the materials collected for building the Mishkan, and explains what was done with them: “These are the records of the Mishkan, the Mishkan of the covenant law, which were recorded at Moshe’s command by the Levites under the direction of Itamar son of Aaron HaKohen” (Shemos 38:21). […]

Mind the Blemish! Principles of Mekach Ta’us

  This week we read Parashas Shekalim, which begins the order of special Shabbos Parshios leading up to Pesach. Aside from the spiritual elevation, for many of us this time of year also involves a number of material aspects, several of which include the dreaded s-word: shopping. Yes, pre-Pesach is a renowned time for shopping. […]

Reasoned Decisions: Supplying Reasons in Beis Din Judgments

  Parashas Terumah introduces the Mishkan and discusses its construction. As the Ramban explains, the fundamental purpose of the Mishkan, and later of the Mikdash in the Land of Israel, is to be the place of the Shechinah, the Divine Presence of Hashem, among the Jewish People: “They shall make a Mishkan for Me; and […]

How to Pay Judges and Witnesses

  Parashas Mishpatim includes the basic classification of those disqualified from bearing testimony: “Do not join your hand with the wicked to be an unrighteous witness” (Shemos 23:1). Chazal interpret the “unrighteous (hamas) witness” to refer primarily to a witness who has transgressed monetary offenses. A witness who is unscrupulous in monetary affairs cannot be […]

Lechem Mishneh: Challos and How to Cut Them

In this week’s parashah, Parashas Beshalach, we encounter the double portion of manna that descended on Friday in honor of the coming Shabbos: “It came to pass on Friday, that the people gathered a double portion of bread” (Shemos 16:25). In commemoration of the double portion of manna that fell in honor of Shabbos, Chazal […]

Self-Execution of Justice in Halachah

Every legal system has inherent limitations. The law cannot deal explicitly with every case that comes up between litigants. For this reason, it presents guiding principles (ventilbegriffe), which offer counsel and direction for novel situations. The law also has procedural limitations. It is not always possible or expedient to come to  Beis Din, and take […]

To Guarantee or Not to Guarantee: Definitions and Halachos of Arvus (3)

  After introducing the principal halachic issues underlying the concept of arvus, in this third and final installment of the series we will discuss a number of concrete questions that often arise in the context of arvus. These are issues that come up fairly often, as reflected by questions received on the din.org.il and dinonline.org […]

Everything’s For Sale? Selling Eternal Reward and Punishment

The sefer Tochachas Mussar (Introduction) records a fascinating anecdote involving the great Maharsha. According to the tale, two business partners and close friends, one of whom had committed a grave sin as part of a business deal, had come to an arrangement between them. The person who committed the sin would sell his “sin” to […]

To Guarantee or Not to Guarantee: Definitions and Halachos of Arvus (1)

  In pleading with Yosef on behalf of Binyamin, Yehudah, the leader of Yaakov’s sons, includes the following argument: “For your servant became a pledge for the boy unto my father, saying, If I bring him not unto you, then I shall bear the blame to my father forever. Now therefore, please let your servant […]

Determining Halachic Motherhood: Who Was Dinah’s Mother?[1]

  Chazal (Niddah 31a) teach that there are three partners in the formation of a child – the father, the mother, and Hashem: His father supplies the white seed, out of which are formed the child’s bones, sinews, nails, the brain in his head and the white in his eye. His mother supplies the red […]

The Yissachar-Zevulun Arrangement: Between Charity and Contract

After its beginnings in Parashash Vayeitzei, the rest of Sefer Bereishis focuses on Yaakov’s family. In this week’s article we wish to discuss the relationship between two of Yaakov’s twelve sons: Yissachar and Zevulun. On the verse, “Zevulun will dwell at the shore of the sea, and he will be a shore for ships, and […]

The Chanukah Dreidel and its Halachos

Although the mitzvos for Chanukah are lighting candles and saying the full Hallel, there are numerous other customs associated with Chanukah. Among these is playing dreidel. Playing the dreidel is clearly not obligatory. Nonetheless, as we will see, a number of prominent authorities give it the respect of a full Minhag Yisrael. Moreover, playing dreidel […]

Lighting Chanukah Lights in Public Places

It has become common custom to light Chanukah candles in public places. This is true of the workplace, of Chanukah parties and public gatherings, and even of the town square. Indeed, even non-Jews often participate in these gatherings, and are even sometimes invited to light the candles! The question we wish to address is the […]

Dealing with Bad Dreams

  Parashas Vayeishev discusses some important dreams. Yaakov Avinu “kept the matter” of Yosef’s dreams, anticipating their future fulfillment. Ultimately the dreams were indeed realized when Yaakov and his sons were brought before Yosef, who had become the Egyptian viceroy. The potential significance of dreams is underscored in the next parashah, Parashas Miketz, where the […]

Do the Mitzvah Yourself: The Principle of Mitzvah Bo Yoser Mi-beShlucho

  The opening of Parashas Vayishlach speaks about the envoys Yaakov Avinu sent to his brother Eisav. Opinions differ as to whether these were human or angelic envoys, and the errand was quite unlike anything we are likely to encounter. Nonetheless, we take the opportunity to discuss some principles of agency, and in particular the […]

Cruelty to Animals (Tzaar Baalei Chayim): Principles and Halachos

The Torah in Parashas Toldos presents Esav as a hunter: “Esav was a hunter, a man of the field” (Bereishis 25:27). This is in contrast to Yaakov, who is described as a “dweller of tents.” There is no prohibition against hunting and killing animals for human consumption or other human uses. The verse teaches, “Every […]

Integrity in the Workplace – A Torah Work Ethic

The Paradigm of Yaakov In Parashas Vayeitzeh we learn of the time spent by Yaakov Avinu as a shepherd in the home of his father-in-law Lavan. The twenty years during which Yaakov worked for Lavan were divided into three periods: For the first seven years Yaakov received the hand of Leah in marriage; for the […]

Settling the Land of Israel – A Contemporary Mitzvah?

In this week’s Parashah, Parashas Lech Lecha, we find that Hashem instructs Avraham Avinu to go to “the Land that I will show you” – the land where he was destined to become a great people, and that his offspring would ultimately inherit. The covenant that Hashem made with Avraham and with the other Forefathers […]

“New Faces” at the Wedding Celebration

When Rivka took leave of her family, joining Eliezer, the servant of Avraham, on the journey to Yitzchak, the Torah describes how her family blessed her (Bereishis 24:61): “They blessed Rivka and told her: Our sister, may you be the mother of thousands of ten thousands, and let your seed possess the gate of their […]

Yom Kippur: The Secret of our Viduy

This week’s article discusses the mitzvah of teshuvah, and in particular the recitation of viduy. In the halachic part of the article we will clarify how viduy is an integral and essential part of the teshuvah process. The second part of the article is dedicated to exploring why viduy is so central to teshuvah, and to finding an approach to the many (ten) orders of viduy recited over Yom Kippur.

Opening Shop? Laws of Hasagas Gevul

This week’s article addresses the prohibition of hasagas gevul, meaning causing somebody else to lose his income. What are the parameters of the prohibition? How is it applied today? Is the halachah concerned specifically for the good of sellers, or also for the benefit of the consumer? These questions, and more, are discussed in this week’s article.

The Blind in Torah Law: Selected Halachos of the Blind

The admonitions we read in Parashas Ki Savo include the curse of blindness: “Hashem will smite you with madness and with blindness and with bewilderment of heart” (Devarim 28:28). Even in the next Pasuk we find the curse of the blind: “And you shall grope at noonday, as the blind gropes in darkness, and you […]

Regulation of Weights and Measures: A Torah Perspective

Weights and measures have always played a central role in the world of commerce. Because of their fundamental importance, we are able to trace a history spanning thousands of years of regulating their use. The Torah has much to say about this issue. In modern times, when weights and measures are present in many homes, […]

Gratitude for Surviving Danger: Laws of Birkas Ha-Gomel

This week’s article addresses the timely issue of reciting birkas ha-gomel, and focuses on the question of when the berachah should be recited. Is being saved from any dangerous situation sufficient, or are there special parameters? How have advances in the modern world of travel affected the halachah of birkas ha-gomel? Does the recovery from any illness warrant ha-gomel? These questions, and others, are discussed in this week’s article.

Parshas Re’ei – How to Begin a Letter

This week’s Parashah includes the prohibition on erasing the Name of Hashem — “You shall not do so to Hashem, your G-d.” In light of the prohibition, is it permitted to begin a letter with letters denoting the Name of Hashem? What about letters that denote “With the help of Hashem”? And what is the halachic status of the dollar bill, on which the words “In G-d we trust” appear? This week’s article deals with these questions, together with the halachic background for them.

Laws of Zimun: Who Joins and Who Leads?

In this week’s article we turn our attention to questions of “who joins?” and “who leads?” the zimun ceremony. Who should be the one chosen to perform the ceremony? Who is considered the ba’al ha-bayis, and what rights does he have in selecting the mezamen? Can women and children form part of a zimun group, and what is the halachah of women eating on their own? These questions, and more, are elucidated in this week’s article.

Lifnim MiShuras HaDin: Crossing the Line of the Law

Doing the Good and the Just This week’s parashah includes a Pasuk whose instruction has profound ramifications in Torah monetary law: “You shall do the just and the good” (6:18). The Ramban explains the rationale that stands behind this instruction. He writes that the Torah cannot relate to all cases and eventualities that might arise […]

A Time to Cry, A Time to Laugh

Therefore I Laugh Maseches Makkos concludes (24b) with the famous anecdote of Rabbi Akiva and three of his peers as they beheld the destruction of Jerusalem. Upon reaching the Temple Mount, the group saw a fox leaving the Holy of Holies, at which Rabbi Gamliel, Rabbi Elazer b. Azaria, and Rabbi Yehoshua all burst into […]