Sunday, August 20, 2017
HaGaon Hatzadik Rav Dov Kook Shlita makes a חילוק between the chalitza of a קטן where we say that we don't wait and go for the זריזות while the חדש case is אפרושי מאיסורא where we say that the מעלה of separating from semi - איסור is more important that the מעלה of זריזות.
לזכות ר' ישראל יעקב בן שרה לאה
לזכות שיינדי חנה בת מלכה לברכה והצלחה בכל מעשי ידיה!!
Based on the forgoing, it would appear that Yehoshua was only a king like a שופט, for they too were called kings. For this reason there was a law of לא ימרה את פיך to obligate one who defies his word with the death penalty as a מורד במלכות. He also had a דין מלך with respect to asking of the אורים ותומים since he was a ruler. But it seems that he only had a דין מלך when there was no other מלך among the Jewish people but when there was a מלך he was the only king and there was no other and then all the Nasi [who was like a שופט as we saw] has, is the power of the Av Beis Din of the Sanhedrin but it has nothing to do with מלכות.
This idea is explicit in the Maharsha [Sanhedrin 20b], Chasdei Dovid on the Tosefta [פ"ד דסנהדרין] and the basic idea can be found in the Ramban [Bereishis 49/10] that the complaint Hashem had against the Jews for requesting a king [who it is actually a mitzva to appoint] was that they should not have asked through Shmuel who was already a שופט. And the Meiri says that they wrongfully wanted to replace the Navi with a king. The Ramban said that Shmuel was a שופט and נביא and waged wars for them based on the word of Hashem and saved them. The Chasdei Dovid explained more that since by appointing Shaul, Shmuel was "demoted" and we pasken מעלין בקודש ולא מורידין - one must go up in kedusha and not down, it was wrong to ask for a king. But there should be no problem because he could remain the Nasi of the Sanhedrin and a שופט? The answer is that as we said, there can be no מלכות of a Nasi and שופט when there is a bona fide מלך and through the appointment of Shaul, Shmuel's status as a king was nullified. See also Rashi [נצבים כ"ט י"ב] who writes יוצאים מפרנס לפרנס משמואל לשאול - They go from leader to leader, from Shmuel to Shaul. Meaning that through the appointment of Shaul, the reins were passed and Shmuel lost his status of king which was effectively transferred to Shaul. And that fits very well with our explanation.
Now we can understand the Medrash that says that the Malchus of Yehoshua was שאולה - borrowed. Meaning that he was only considered מלך because there was no full fledged מלך and this means to emphasize that his דין מלך wasn't inherent to him but rather a title accorded by the Torah in cases where there was no political leader. For this reason the pasuk says in Divrei Hayomim ויורישו את ההגראים - they defeated the Hagraim, in the context of calling Yehoshua a king whose מלכות was borrowed. This war took place on the east of the Jordan and it was thus not a מלחמת מצוה but a מלחמת רשות. And the chidush of the pasuk is that even though the מלכות was only שאולה בידו - borrowed by Yehoshua, a "pseudo-malchus", if you will [and even if you won't], Yehoshua nevertheless waged this war.
Our thesis is really encapsulated by the Ran in his Drashos [דרוש י"א] who says that only when there is no king then the שופט acts as both שופט and מלך. And he concludes by quoting the pasuk about Yehoshua כל אשר ימרה את פיך - Anyone who defies your word [will be executed], which proves that the Yehoshua had the authority of a king even though he wasn't actually a king and Chazal expounded the pasuk ויהי בישורון מלך as referring to Moshe. And just about exactly the same idea was expressed by the Abarbanel in his preface to Sefer Shoftim. So we see the unique status of a שופט as a quasi-king empowered by the Torah but not a king intrinsically. And that was the nature of Yehoshua and Moshe's מלכות. And when there is another king, they lose their status as kings. But we must say that the Nasi and Resh Galusa are different because Rebbi [the Nasi] would have had the status as king had the Resh Galusa not been ABOVE him [as we saw earlier from the gemara].
OHHHHHH is there a lot more to say. Stay tuned. BLI NEDER!!
There are two ways to relate to failure in a healthy way. One is to realize that all of our failures will LEAD to greater success as part of a process.
The other way is even better. To realize that the failure is ITSELF a success. Not that it will LEAD to something better but that the experience itself was part of your growth and a SUCCESS.
כי נפלתי קמתי כי אשב בחושך ה' אור לי - The falling is itself rising, the sitting in the dark is itself light.
[Rav Charlap ztz"l]
לזכות שמחה בן נעכא גיטל
לאה אסתר בת פרימט
נעמי בת טובה
Yisro said to Moshe "מדוע אתה יושב לבדך וכל העם נצב עליך מן הבוקר עד הערב" - "Why are you judging alone and all of the people are standing over you from morning until night". It seems that his complaint was that he was judging alone and it says in Pirkei Avos - אל תהי דן יחידי שאין דן יחידי אלא אחד. "One should not judge alone for only Hashem can judge alone".
Moshe answered "כי יבוא העם אלי לדרוש האלקים"- "When the nation comes to me to seek out Hashem". Meaning that they are not coming as two sides in an argument with each side making opposing claims but rather are in agreement and they just want to know what Hashem says [In איסור והיתר one may judge alone because there are not two opposing parties. Moshe said that even when people came for judgment it was like איסור והיתר]. That is why the pasuk says "כי יהיה להם דבר בא אלי" - "When they have a "thing" they come to me". Not דברים - plural but דבר singular. There is no contradiction or denial between the two parties and my job is "והודעתי את חוקי האלקים ואת תורותיו" - I tell them the word of Hashem.
Yisro answers "נבל תבל וכו' לא תוכל עשהו לבדך" - "You are going to wilt, you can't do it yourself". You can't be sure that things will always remain like this and that there won't be cases of conflicting stories so you can't judge alone. Yisro concludes "אם את הדבר הזה תעשה וצוך אלקים ויכלת עמוד" -"If you do this and Hashem commands and you will be able to stand". He was alluding to the fact that the time has not yet come for sitting - that will only happen when Dovid Hamelech becomes king. [See here and you will understand]. This is what it says in Zvachim  that Moshe aspired to be king but it wasn't granted to him. Yisro was the father of converts and felt that is was Dovid, descended from converts, who would finally reach the level of sitting. So he told Moshe that he has to "stand" - ויכלת עמוד, meaning [as we explained in the post we linked] that his השגות are not yet קבוע.
In the future we will return to a state where there is no conflict between the parties and thus Moshiach will be able to judge alone once again, this time with his sense of smell as it says והריחו ביראת השם - He will be able to smell the fear of heaven, and Chazal say מורח ודאין - He will smell and judge. [See here]. People will have such strong Yiras Shomayim that they won't contradict each other.
Shmuel said that there is no difference between this world and the next except for political freedom, but there will be no drastic changes in nature. So even though Moshiach will be close to the level of Moshe, since even Moshe wasn't able to smell by judging, Moshiach won't either according to the Rambam [who paskened like Shmuel - and this explains the Kesef Mishna].
"אך צדיקים יודו לשמך ישבו ישרים את פניך" - The Tzadikim thank Hashem and the straight ones sit before His face. This means that the ישרים strive to come to a place where their השגות in Hashem are בקביעות which is represented by sitting [as we saw already in the linked essays].
['רזי לי מאמר כ]
לישועת אלחנן בן הענא מרים
Hilchos Lashon Hara chapter 9, section 5
Even if one hears one's young children speaking lashon hara, it is a mitzvah to rebuke them and stop them as it says, Educate the child according to his way (Proverbs 22:6). As the Orach Chaim (343:1) explains, this applies to all Torah prohibitions.
Hilchos Lashon Hara chapter 9, section 6
If someone told someone something, he may not repeat it to others unless the person gave him permission and that is only if it is not lashon hara.