Parsha: Lech Lecha, "Leaving Israel"

In  Mishna Torah: Hilchot Melachim: 5:9, the Rambam writes that:


"Even though it was a famine and one is permitted to leave Israel [nevertheless] "einah middat hassidut" ... [It is not the mark of a pious character]
And because of that Machalon and Kilyon - 2 "gedolei hador" [great ones of their generation] ..left and were liable to destruction by "the Maqom".

Questions:
1. If it's Halachically permitted to leave the land of Israel, then who cares about "Middat Hassidut"?

2 If all Jews are on the same level of obligation and liability, then how does being a "Gadol Hador" change someone's level?

3. If even the Rambam concedes that Machalon and Kilyon's leaving Eretz Yisrael was Halachically permitted, then why did he say they were punished? 

4. In Lech L'cha, Avraham Avinu left the Holy Land under similar circumstances - and he seemed to be rewarded and not punished! How does this Rambam address that case?

For further sources

• Torah Temimah on Lech L'cha 12:10 quoting Bava Qama 60b
• Note 13 quoting Bava Batra 91a

Shalom, RRW

Parsha: Shoftim, "To King or Not to King"

Canadians will undoubtedly favour the Royalist Position whilst Americans will surely prefer the Republican Position!

The Torah states that: when you [Bnei Yisrael] ask for a KING,  "'I will set a king over me, like all the nations that are round about me" (Devarim: 17:14) you shall surely place one - Even [or especially] when asking to be like the surrounding nations.

Sh'muel [with Hashem's approbation] protests that his people requested a King just like "the Goyim." (Shmuel I 8:5).

Shmuel's protestations all make sense if our Sidrah-Parsha is stating that this royal appointment is optional and subjunctive to a request. In that case, the objection was to the request for appointing a King. Once requested, it must be fulfilled,  according to the law in our Parshah.

However, Rambam Sefer Hamitzvot et. al. states that a king is a requirement.  This implies that the request is also obligatory. Sh'muel's protests then seem difficult to fathom.

I have some answers but I was wondering what you readers might say?

Shalom,

RRW

Parsha: Emor, "Is Sefirat ha'Omer One Mitzva or Two?"

originally posted August 9, 2015

The Rambam firmly construes Sefirat Ha'Omer as one Mitzvah. Sefer HaHinuch concurs with the Rambam's read. Abbaye, however, affirms in the Talmud that just as it is a Mitzva to count days – so it is a Mitzva to count weeks. 

These passages strongly suggest two separate Mitzvot. In Parshat Emor we read, "Tisp'ru Chamishim YOM" (Vaykira:  23: 16), while the text states in Parshat R'eih, "Sheva Shavuot Tispar Lach" . (Devarim: R'eih: 16:9) Doesn't it seem obvious that the two verses in the Torah describe two separate but equal actions?

Problem: How can an individual nowadays simply argue with the Rambam - especially without any further support? Furthermore, must I not construe the silence of so many peer reviews that as implicit acquiescence? 

A rabbinic intern recently provided an informative answer in his shiur. Rabbeinu Yerucham considers Sefirah as two separate Mitzvot! He also posits that as well. My hypothesis now has supporting evidence.

I asked the speaker how he had found this relatively obscure source. He had noted that the new edition of the Minhat Hinuch has this source cited in the footnotes. This indicates that the matter assumed to be a slam dunk by the Hinuch is, in reality, a matter of dispute. Rabbeinu Yerucham had already articulated this voice of opposition, so I need no  longer be concerned about the silence of the peer review.

Case Closed

-------------------------------------------------

Comment On Original Post.

Aside from a bit of Talmud Torah - why did I post this comment?

Sometimes we see something and we assume it to be axiomatic, mutually agreed upon. In attempting to master rational thinking, I came across the concept of "not jumping to conclusions".  After all, if Jews are always questioning,  why was the Rambam's ruling of only one mitzva never questioned? It seemed likely that seeing it as two mitzvoth was an equally good read.

Failing to research this myself, I humbly concluded that Rambam won by acclamation. Case Closed. QED. 

However, after attending a Shiur in which the rabbi found a source that did challenge this Rambam, I had to recant.  Now I realized that my question - my observation - had some validity in classic sources.  It was just unnecessary for other sources to question the Rambam once Rabbeinu Yerucham posed his challenge. I could no longer construe their silence as acquiescence to the Rambam's decision.

In fact, I could now conclude nothing. Although, I now suspect that the silence is possible confirmation that both reads are about 50-50. and therefore no one needs to enter the fray to reject either side as off-target.

This is an important principle to realize: just because we have not seen a competing source does not mean it is not there! I must also confess to not researching the matter in depth. It therefore has also taught me a bit of humility.

Shalom,

RRW

Parshah: Vayikra, "Leviticus, Sacrifices, and Dialectic"

Perhaps one of the more controversial aspects of the Torah is the karbanot - the sacrificial cult. Rambam champions a rationalistic approach very in vogue with most moderns. On the other hand, Ramban has a multi-level approach that includes a massive dose of spiritual symbolism very popular with Mystics.

Rav Shimshon Rephael Hirsch embraced this symbolic approach in his own commentary and modernized it according to the sensibilities of the 19th Century. The Ritva defends Rambam from attacks by Ramban. This is most fascinating because Ritva was the key student of Ramban's most famous student. He goes on to show that Rambam was not as "anti-sacrifice" as he appears to be at first glance.

Thus the dialectic is thus:

• Thesis: Torah/Ramban pro-sacrifice
• Antithesis: Prophets/Rambam questioning the sacrificial cult
• Synthesis: Ritva answering Rambam's attacks.

This fascinating overview is culled from the opening article by the late, great, Nechama Leibowitz OBM On Vayikra. I highly recommend this give and take as she cites original sources. Note: This Ritva is in the further study section.

Shalom, RRW