[Don’t forget to see the Halacha
Encounters below!]
“And these are the laws that you shall place before them.” (21:1)
Most of the laws in Parshas Mishpatim are the laws of people
damaging one another. Rashi points out the use of the words “that
you shall place before them” explaining that Moshe was commanded
to teach not only the laws, but also their reasoning in order
that the people would understand them fully and apply them
properly. Like a table that is set and ready for a meal. From
here we can see the importance of these laws and that Moshe
was told to explain them in this special way. In fact, the
Gemora in Bava Kama (30a) tells us that a person who wishes
to become a pious person should be careful regarding the laws
of damages.
The question therefore arises, what is so important and unique
about these laws? Aren’t these laws just simple moral standards
for living that help society function better?
Furthermore, Dovid Hamelech tells us in Tehillim (147), “He
(Hashem) relates His word to Yaakov. His Statutes and Judgements
to Yisroel. He did not do so for any other nation, such judgments – they
know them not.” What is meant by “He did not do so for any
other nation”? Don’t other nations have the same style laws
that are found in Parshas Mishpatim? The other nations also
know that murder, robbery and other acts of damage are wrong
and they have laws to prevent these things from happening.
To answer these questions we must differentiate between the
laws of Parshas Mishpatim and the laws of other nations. Other
nations have laws that were set up in order to protect people
from becoming victims of a crime. For example, a person may
not steal, because he is victimizing another. He may not damage
someone else because it isn’t right to hurt someone else. Hashem’s
laws, however, are also set up to prevent a person from becoming
a perpetrator of a crime. Hashem tells us not to steal,
not only for the victim’s sake but also for our sake – we should
be people that are above stealing. Don’t damage someone in
order that you not sink to the level of a perpetrator. We should
be on a higher level than that.
Now we can understand the importance of these Mishpatim. A
person who follows them will truly be a pious person for he
will remain on the higher level that is expected of him. The
reason why Moshe had to explain these “simple” laws fully was
to teach us fully the elevated level that we should be striving
to attain.
If we work on being careful regarding the damaging of others – the
world will be a better place to live because we will be better
people.
Rabbi
Hochberg is an alumnus of the Kollel and a rebbe at Yeshivas
Tiferes Tzvi.
Halacha Encounters
Kiddush Levana
Rabbi Ari Friedman
Every month we are confronted with a mitzvah that many of
us perform with minimal understanding. This is the mitzvah
of Kiddush Levana. “What is this mitzvah all about?” and “What
am I doing here?” are probably thoughts that run through our
minds when standing under the moonlit sky exchanging “Shalom
Aleichem” with our fellow congregants. Let us explore this
mysterious mitzvah and explain some of its laws.
“R’ Yochanan said: Anyone who blesses the new moon is as if
he has greeted the Shechina” (Sanhedrin 42A). The first aspect
of Kiddush Levana is to recognize Hashem through appreciating
His world. Observing the phenomenon of the ever-changing moon
should inspire us to appreciate Hashem’s total control over
His creations. When we contemplate Hashem’s existence and are
keenly aware of His presence we are regarded as greeting the Shechina.
The second aspect of Kiddush Levana is about Klal Yisrael’s
connection to the moon. Many commentators, when explaining
why we base our calendars on the moon and not on the sun, draw
comparisons between Klal Yisrael and the moon. Just as the
moon draws its light from the sun and reflects it to the earth,
so too does Klal Yisrael receive its light from Hashem and
reflect His Divine influence for all to share. Just as the
moon shines in the dark, so too does Klal Yisrael have the
ability to shine even in the darkest of times. Most significantly,
just as the moon, following its diminished appearance, always
reappears, so too will Klal Yisrael, despite its dark times
and practical disappearance, shine once more. When we are mekadesh the levanah,
not only do we identify with this message of the new moon,
we are also praying for that ultimate rebirth and renewal when
our light will blaze to fullness.
The
order of Kiddush Levana
We begin by reciting perek 148 of Tehillim, which refers to
the heavenly bodies praising Hashem. Next is the beracha in
which we praise Hashem “Whom with His word created the heavenly
bodies and assigned them their unchanging tasks – which they
perform joyously. As for the moon He instructed it to constantly
renew itself to serve as a sign for Klal Yisrael that they
too will one day renew themselves bringing glory to HaKadosh
Baruch Hu.”
We then continue with a series of phrases, which are repeated
three times for emphasis.
Boruch
Yotzreich etc… continues
the theme of praising Hashem, Who created the moon. The next
three phrases: K’shaim She’Ani Roked, Tipol Aleihem,
and the reversed version – K’Even Yidmu are prayers
to Hashem that we survive our dark galus. May our enemies
be powerless against us and may they themselves suffer destruction.
Rav Munk in his World of Prayer explains that the
reversal of the pasuk implies that Hashem may at times
reverse the order of nature performing open miracles in salvation
of His nation.
Next we pay tribute to the dynasty of David HaMelech, whose
rise, decline, and ultimate rebirth is compared to the moon.
Shalom
Aleichem!
Perhaps the most intriguing part of Kiddush Levana is the
exchange of Shalom Aleichem. The Levush explains that after
having greeted the Shechina and blessing Hashem, we
then turn to our friends and extend to them this blessing as
well. The Mateh Moshe (540) explains that after having cursed
our enemies, we make it clear that we wish our brethren only
well and so we bless them. The Bnei Yisoschar (Maamar 4 Rosh
Chodesh) explains that the original loss of light of the moon
was caused by lack of peace between sun and moon. The moon
resented being of equal caliber with the sun and was subsequently “punished” and
its light diminished. (See Chulin 60B) We take a lesson from
this and express our desire to be at peace with our friends.
This theme is continued with the wish of Siman Tov Umazel
Tov Yehei Lanu…!
Next follows a selection of pesukim in which we praise Hashem’s
sovereignty over the world and for the coming of the ultimate
redemption. We end with a tefillah that the moon be restored
to its former glory. Again, this is an allusion to the coming
of Mashiach. The custom is to cap off the service with the
recital of Aleinu. The Biur Halacha (426-2) explains that we
recite this prayer, which is a declaration of our faith in
the one and only G-d, to dispel any notion that our prayers
in the moonlight were to any other deity.
Some
points regarding Kiddush Levana:
· Kiddush Levana should be done with
great simchah since, as mentioned before, we are greeting
the Shechina. It is for this reason that we customarily
recite it on Motzei Shabbos when we are in higher spirits
(426-2). [For Kabalistic reasons, it is not recited on Shabbos
(Mishna Berurah 12)]
· One may say Kiddush Levana starting
from 72 hours after the appearance of the new moon. Lichatchilah,
it should not be said after 14 days, 18 hours and 22 minutes
after the appearance of the new moon (Mishna Berurah 426-20).
· Kiddush Levana may only be recited
at night. In addition, it may only be recited if one has a
view of the moon. If in the midst of the beracha the moon gets
covered by the clouds he may complete the beracha, however
one should not begin the beracha if he anticipates that this
may happen (Mishna Berurah 3).
· Kiddush Levana is optimally performed
outdoors, however, one who is unable to venture outdoors may
recite Kiddush Levana indoors provided that he has a clear
view of the moon through a window or door (MB 21).
· Although the Shulchan Aruch writes
that one should view the moon during Kiddush Levana, some are
wary of this practice lest it seem as if we are praying to
the moon. Some suggest that one view the moon only during the
beracha, while others only permit glancing at the moon before
the beracha (MB 13 and Shaar Hatzion 14).
· Being that Kiddush Levana is a time-bound
mitzvah, women are exempt. Even though there are several time-bound
mitzvos that women have, over the generations, accepted upon
themselves, Rabbi Yosef Chaim Sonnenfeld (Salmas Chaim 1-259)
explains that women traditionally do not publicly congregate
outdoors, hence women have not taken this mitzvah upon themselves.
· In many communities it is the minhag
to sing and dance following Kiddush Levana in anticipation
of that great day when Klal Yisrael – as the moon – will be
restored to its former glory!
Chodesh Tov!
Rabbi
Freidman is a full-time member of the Kollel and is a frequent
contributor to Halacha Encounters.
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