Saturday, 7 September 2019

Parsha: Ki Teitzei, "War and the Innocent Bystander"

This week's parsha is Ki Teitzei and the topic is the response to terrorism. In the response to terrorism, the practical reality is that there is always a great possibility that innocent individuals will also be hurt and killed. How do we understand this action within the Torah's moral perception?

We have chose the article, War and the Innocent Bystander from the archives of Nishma's Online Library both to direct you to the Dvar Torah and to initiate some discussion.



Re: [Avodah] proofs of G-d

On Nov 21, 2007, 5:38 AM, Marty Bluke <> wrote:
Meshech Chochma( Shemos 13:9)writes:

"Divine Providence is manifest for each Jew according to his spiritual
level as the Rambam explains in Moreh Nevuchim (3:18): Divine
Providence is not equal for everyone but rather is proportional to
their spiritual level. Consequently the Divine Providence for the
prophets is extremely powerful each according to their level of
prophecy. The Divine Providence for the pious and saintly is according
to their level of perfection. In contrast the fools and the rebels
lacking spirituality are in essence in the same category as animals...
This concept that Divine Providence is proportional to spiritual level
is one of foundations of Judaism..."

Today, this idea (that the Chinuch explicitly rejects) of hashgacha
pratis on everything has taken hold. There is no question that it is a
very calming thought. You don't have to worry about chance occurrences
affecting you, everything is directly from Hashem. However, this was
not the view of the overwhelming majority of the Rishonim.

Regarding Moznay tzedek and Amaleik:

At the end of parshas Ki Teittzei there is the juxtaposition of Business ethics and Amaleik.
  1.  how does a failing of business ethics give Amaleik any power over us?
  2. Aren't there anti-Semites all of the time,  What's new about this situation.
Speaking to my congregation - consisting of many survivors of the Nazi regime - I explained it thusly:
The normal/usual situation is that there are ALWAYS anti-Semites out there. BUT it is only when we fail to live up to the Torah standards of Business Ethics that Hashem ALLOWS them power over us [kind of hester panim due to our bad behavior]

Simlarly Ya'kov Avinu was promised safe passing by HKBH but was afraid of "shema yigrom hacheit" But we know from Rambam et. al. that HKBH never takes away a POSITIVE promise?  Shema yigrom might remove the higher level of protection that was required. [ e.g. vayhi chitas Elokim....]

L'havdil, many Evangelicals felt that 9-11 was a result of Hashem withdrawing His usual protection of America due to America's mis-behavior.  So this idea of removing Protection in the face of Sin is a fairly common concept.

Kol Tuv / Best Regards,
Please Visit:

Is Parshat Zachor d'Oraitto? - 1

Actually this would be better phrased as:

"What Is the disposition of Parshat Zachor as per Shas and Posqim?"

Let's Start with Sources - Part 1:

See the texts in the Mishnah Brurah
SA O"Ch 685:7
Some say "Zachor" is d'oraitto.
Be'er Hagolah 10
Source: Tosafot Brachot 13
Ba'er Hetev 2 quibbles over Parshat Parah
He also quotes. Tosafot shantz that no other Q'riat Hatorah is d'oraitto other than Zachor
Quoting Magen Avraham - Also Parshat Zachor with 10 is more important than Megillat Esther...
Mishnah Brura 14
"And we learn in the Gmara that Zachor must be "amira mitoch hasefer b'libo"

Next post BEH
Positions of
Kaf Hachayyim
Aruch Hashulchan
Kitzur SA

Sent via BlackBerry from T-Mobile

Re: Is Parshat Zachor d'Oraitto? - 2

See the Aruch haShulchan
Orach Chaim 685:6

And see the new edition with fn to Mishna Brura notes 4 and 5

Kaf Hachaim esp. #33
[Vol. 8 p. 156]

Citing Talmud Bavli Megillah 18a

«Therefore [as per Rabbenu Hannanel on the Talmud there] both reader and listener need to intend to fulfill the positive commandment of the Torah»

Also see Kitzur SA 140:3. Quoting SA, Rema et al.


Leining: Is it zeikher or zekher?

Originally published 4/2/08, 11:06 PM, Eastern Daylight Time.

I looked up ZECHER in the Even Shoshan Concordance - and in it I located 2 occurences of Zecher - and BOTH were proper names!

Zecher is clearly wrong. Rav Mordechai Breuer OBM has confirmed this with unassailable research While the Ma'seh Rav attests to this idea of Zecher Rav Haim Volozhiner protested this very attestation [albeit very politely]. In NO way were TWO readings ever suggested

But if safeik D'd'oraiito lehumra re: Zachor why not go all the way? [Reductio ad absurdum indeed- after all it is read around Purim time! So why not

  1. Read it from BOTH a Sepyhardic and Ashkenaic Torah...
  2. Read BOTH Scrolls with every permutation of pronunciation [e.g. litvisher, Hungarian, Yekkish, Sephardic Yemineite etc. etc.]?

The Vilna Gaon himself made fun of multiple pairs of Tefillin as ludicrous and came up with 32-64 possible permutations. Ironically we are beginning to perpetuate such a practice in his honor. [Incidentally, this proves there MUST be a God or else it would make no sense to practice such a minhag to honor the one who felt such permutation as unnecessary.]

One Rabbi insisted that whilst reading Ki Tetze both Zeicher and Zecher must be read TWICE, one for Shevii'i and once for Maftir! His argument? since we have changed the form [tzura] for Zachor therefore THAT becomes THE normative way to read it EVERY time we read the Torah, including Ki Tetze! No I am not kidding, I had a bar mitzva student who HAD to do it this way!

Kol Tuv / Best Regards,


Zachor: Zeicher vs. Zecher 1

Originally published 3/3/10, 9:13 pm.

Re: Repeating to read Zachor to accommodate both Zeicher and Zecher

There are those with whom I may never agree and in particular there is this one fellow with whom I often lock horns; he sent me a private email that expresses some of my own outrage on this matter...

I think it's safe to snip out these two points:

  1. The practice looks silly.
  2. The practice looks ... to be huqa utelula.

When you think about it, they are almost the same point.
Here is my similar reaction in a private email to a completely different colleague.
I still think it's a bad approach, a bad precedent and a bad example. We're making Reform & Conservative frummer with regards to the Masoretic text than we Orthodox Jews are. As we play more games with it, we thereby making it appear "less holy" and more susceptible to error.

Zeicher and Zecher on steroids. ;-)

Sent via BlackBerry from T-Mobile

Zachor: Zeicher vs. Zecher 2

Posted with permission from the author.

This post speaks for itself. -RRW

«Re zeicher and zecher.

My brother-in-law, Prof. Jordan Penkower of Br Ilan University wrote an extensive article proving that the correct pronunciation is zeicher. It's way beyond my expertise although Jordan acknowledged as a leading expert in Bible studies, Jewish manuscripts etc.

I asked a member of my shul, who is also an expert in this field and who often is the ba'al korey on Parshat Zachor, if he had read the article. he said he had and that Jordan was "absolutely" correct. So I asked him (as Jordan had asked me to) whether he would read it only that way (zeicher) on Parshat Zachor. "Of course not," he replied; "what do facts have to do with minhag Yisrael?" And sure enough, he read it both ways.

Joseph Kaplan»

Zachor: Zeicher vs. Zecher 3

Zeicher vs. Zecher on Steroids

I attended a Bar Mitzvah on Parshat Ki Teitze. There, the BM boy repeated zecher-zeicher twice
• Once for sh'vii
• Once for maftir

I found this strange. The entire Rationale for the Mishnah Brurah's requirement of repeating this - is predicated upon the premise that Zachor is d'oraitto! That does not apply to Ki Teitze.

Also it would be simple to accomodate Zecher/Zeicher by doing one way during sh'vii and the other way during Maftir! Win-win! After all the Passuq was being repeated anyway.

I asked the local Rav. He claimed that once MB changed the tzurah of how to lain this passage, it gets changed across the board in the same tzurah. I found this incredulous! Would the MB ever have made that suggestion? Seems far-fetched indeed.

But we do see that Halachah or Minhag evolves even twice in several generations. First for Zachor alone and then for Ki Teitze.

Zeicher vs. Zecher on Steroids - INDEED ;-)


Zachor: Zeicher vs. Zecher 4

Originally published 3/7/10, 8:30 PM

Reb Ira Gruscott mentions that, "Of course , what he doesn't say is that prior to and even during the lifetime of R' Y.M. Kagan z't'l, it was never a minhag to repeat....even in Yeshivas Radun."

Check Marc Shapiro's post on this.
This can be spun two ways.Either
A: it's a frum shtick with  no basis either in minhag or grammar or halakha; or
B: Orthodoxy does have a halakha that is -to quote Shapiro- "dynamic" This, of course goes to the post on your blog re: how one "feels" regarding halakha


Look, we live in an ambiguous world!

Let's face the facts. Those who can tolerate ambiguity well,  will be fine, while those who cannot, will be frustrated, angry, railing, and dueling the windmills. Most of us fall somewhere in between! ;-)

Indeed I think "minhag Yisrael" is perhaps a poor choice of words.

What I think he was really saying is that Professor Penkower's academic analysis is irrelevant to the Halachah - one way or the other. Only a Poseiq can make that call, not a professor. As to how the Mishnah Brurah's ruling caught on fire - I do not know. I understand Lubavitch does this, and they are not known to be particularly deferential to the MB

Perhaps, as Hacham Sassoon might say: we believe in continuous revelation. Others might see the Hand of Divine Providence.

What bothers me about the Mishnah Brurah's method is that he presents the safeiq as even. It's not. And as Rabbi Noah G. has noted, a Halachic Safeiq is usually approxximately 50-50.
Here it's clearly not a 50-50. For example, I might say that Rabbenu Tam Tefillin might be 50-50, but Catholic Israel did away with that opinion.

R' Mordechai Breuer's article is brilliant on this matter. I have Professor Penkower's article but I have not yet had the pleasure to complete it.

As I understand Rav Halivni and Rabbis Feldblum and Price, we don't follow "science" when it comes to halachic practice, particularly in nusach. For example, This came up regarding "unetaneh toqef" and "kivnei maron" where Albeck and others suggest "kivnumerion" instead. R' Price dismissed this as academic and not halachic, and so subject to the shifting paradigms in science. For instance, is Pluto still a planet?

The story goes that in Breslau Seminary -
Proffessor Graetz read the Haftara with his emendation based upon science

And R' Z. Frankel apparently re-read the entire passage [iirc with brachot] to make the point that we don't emend Tanach on the basis of our scientific point of view - at least not during the liturgy

Anyway, we can safely say this:
  • The Masoretes deviated from the Talmud in a number of instances.
  • The Kimchi's Grammar deviated from the Tiberian grammatical system on several points.

- I believe segol is one of those areas. Anyway, as far as I know, the Kimchi's PRONOUNCED tzeire and segol the same - obviating any need for repetition. Perhaps our very hakpadah to distinguish the two vowels has led us to this safeiq, though many would claim that this is irrelevant.

'Nuff Said.

Zissen Pesach,

Zachor: Zeicher vs. Zecher 5

R David Bannett - from the Avodah List

I started learn to read the Torah some 75 years ago in Flatbush and was taught to read both ways. We did not repeat the entire pasuk but only the phrase "timcheh et zeikher Amalek". I don't remember if I was taught the order but, many years later, I decided to read the incorrect zekher first and then correct myself by saying zeikher the second time. Similarly, in the megilla, when the megilla has the incorrect bifneihem and laharog I read as written and then correct myself by repeating the phrase only: v'ish.... lifneihem and k'hashmid.... v'laharog. If the megilla is correct I read only once.

Anyone slightly interested in the subject should read R'Mordekhai Breuer's article. Those very interested should go directly to R' Prof Penkower's article. He gives the entire history, about 45 pages, including statistics on manuscripts from the time of ben Asher as well as customs of reading, etc.
The double reading evidently started slightly before the Hafetz Hayyim made it popular. Penkower cites a ba'al Kriah who was instructed by R' Sh'neur Zalman mi'Lublin to read twice. This R' Sh"Z died in 1902. The Mishna B'rura was printed in 1906.

I was delighted to read that R' Penkower read twice despite his indisputable proofs that zeikher is correct. A few years ago I gave a Friday night talk proving that there is absolutely no justification for double reading. On the following morning I read parashat zakhor and read zekher followed by zeikher. I too do as I was taught and do not allow myself to be confused with facts. I am overjoyed to find that I follow the derekh of the expert.

It should be pointed out that no eidah other than the Ashkenazi ever questioned the correct reading. AFAIK, Yekkes are the only Ashkenazi unaffected by the double-reading syndrome.

As to developments in Israel: One of my grandchildren told me his rosh yeshiva told him to read only once (based on Breuer). On the other hand I davenned this year at a yeshiva where in addition to reading in Abazit, Ashkenoz, Moroccan, and Yemenite they also had Parsi and what might have been Iraqi.

I have also heard a ba'al k'riah reading in mivta Ashkenazi repeat Machlas and Mochlas, and yahalom and yohalom. He told me that he was told to do so by Harav Nebenzahl. At this rate, it won't be long before we'll be hearing hundreds of p'sukim read twice.