Parashat Bechukotai

Bs”d

Shabbat Shalom from Torah MiTzion

Issue 90: Parshat Bechokutai

27-28 May 2005, 19 Iyar 5765

In this week’s issue:

1) Dvar Torah, Parshat Bechukotai: A Good Heart, Rav Ephrayim Beck 2) Jewish Law in our Times: The Allocation of Scarce Water Resources, Simon Jackson 3) Family Learning: Parshat Bechukotai 4) Looking Back: the Palmach

A “Good Heart” by Rav Ephrayim Beck, former Rosh Kollel, Caracas

The period of “counting the Omer”, connecting Pesach and Shavuot, symbolizes the upward movement from physical freedom (the Exodus from Egypt) towards spiritual liberation (the giving of the Torah). The Torah emphasizes the importance of the daily counting by means of the command to number the days in their own right, thereby expressing the importance of each and every day – not only the final aim of the process as a whole.

As we know, the mourning customs that are observed during this period cease – in many communities – on Lag Ba-Omer, and do not continue until the end of the counting, on Shavuot. This is so despite the fact that the Gemara teaches that the plague that struck down the thousands of students of Rabbi Akiva - which is the reason for our mourning during this time – continued throughout the Omer period, from Pesach until Shavuot.

The somewhat technical-sounding reason for this is that Lag Ba-Omer (literally, “the 33rd day of the Omer”) is the anniversary of R. Shimon bar Yohai’s death – an occasion that was adopted as a special, holy day in the middle of the Omer period, and which ends the mourning customs traditionally observed until that day. But the connection between Rabbi Shimon bar Yohai and the death of Rabbi Akiva’s disciples is not clear: why should it be this day that indicates the conclusion of our mourning for 24,000 Torah sages? Why not Yom ha-Atzma’ut? Or Yom Yerushalayim? Is there something special about Lag Ba-Omer beyond its marking the “yahrzeit” of Rabbi Shimon bar Yohai?

Counting the days that have passed since the bringing of the Omer sacrifice – rather than the number of days remaining until Shavuot – expresses, as we have said, the importance of each day as another step in our ascent. The number of days that we have lived and experienced, ascended and progressed, is more important, in this sense, than the number of days remaining. What is the “ascent” that we are supposed to make on the path towards Shavuot? Apparently, it is connected to the giving of the Torah, preparing for it, preparing ourselves. The preparation for the giving of the Torah takes place, first and foremost, in the heart of every individual. Every person must work to ready his heart to accept the yoke of heaven. A person must be able to relinquish certain wants, to accept authority, to bend, to be prepared sometimes to do without understanding, etc. Lag Ba-Omer (the 33rd day of the Omer) comes after 32 days (in Hebrew numerology, “lev” – a heart) of counting, and precedes the 17 (“tov” – good) days that are left. The total number of days we count hints at the preparation that is necessary for receiving the Torah: a “good heart”. Lag Ba-Omer is located after we have completed the stage of the “heart”, hinting at the rectification and preparation of the all the good that is in him in order to reach the level of standing at Mount Sinai. This stage cannot take place in the atmosphere of mourning that has surrounded us thus far, and therefore we curtail it.

Lag Ba-Omer, then, is located at a most significant point in the Omer period; it marks the transition that takes place within a person who engages in this counting, from a state of contracting and correcting oneself to one of ascent and elevation towards the spiritual climax – the festival of the giving of the Torah!

The Allocation of Scarce Water Resources by Simon Jackson, Legal Advisor to Torah MiTzion

Who owns the water in the sea and springs? The Tosefta (Bava Kamma 6:15) determines that the water is hefker, i.e. it belongs to everyone.

Masechet Bava Kamma (80b) lists ten regulations instituted by Joshua with the settlers of Eretz Yisrael when he divided the Land among them for the orderly and amicable settlement of Eretz Yisrael. Included in these is a condition that all the townspeople may use the water from a spring that has newly issued from a particular individual’s property. The Gemara concludes that no money need be paid to the owner of the spring for drawing the water on account of its hefker nature.

Restrictions on the ownerless nature of water

Notwithstanding the ownerless nature of water, townsfolk belonging to a different town were not allowed to use the water from such a spring. Joshua similarly enacted that certain rights of those who made use of the Sea of Tiberias which fell within the territory of Naphtali were restricted to members of the other tribes. Thus, while all Jews were permitted to fish with a hook and line in the Sea of Tiberias, those who were not members of the tribe of Naphtali were forbidden to spread out an enclosure and detain the boats.

According to Israel’s Water Law, 5719-1959, the sources of water in the country belong to the public and any person is entitled to use them. However, the same water sources are also declared to be subject to State control. Therefore, the use of water in Israel is subject to statutory regulation and supervision by statutory bodies. This, for example, the Law states that a person’s right to a particular parcel of land does not afford him any right to water that is found or which passes through the land or its boundary. Moreover, every individual is obligated to preserve the quality of the water in his territory, to prevent its wastage and to avoid closing up or diluting the source of the water. The law also sets rules governing the quantity, quality and cost of water, the terms for its supply and its efficient and sparing usage.

If there is not enough water for both cities…

The Gemara (Nedarim 80b) rules as follows:

“Where a spring originates from within one city, such that it belongs to the residents of that city, and from there continues to flow through another city:

(a) if there is not enough water for both cities so that the residents of the first city must choose between sustaining their own lives and the lives of others – their own lives take precedence over the lives of others [i.e. they drink first even though there will not be any water left to sustain the others – see Bava Metzia 62a]; (b) if there is not enough water for the animals of both cities to drink – their own animals take precedence over the animals of others; (c) if they must choose between their own laundering and the laundering of others – their own laundering takes precedence over the laundering of others; (d) if, however, they must choose between the lives of others and their own laundering needs, the lives of others take precedence over their own laundering.”

Allocation of Water for Agriculture

The Shulchan Aruch (C.M. 170:2), based on the Gemara in Gittin 60b, writes that the order of priority for using a source of water for agricultural purposes is as follows:

“Regarding farmers whose fields are situated along a river: if one farmer wishes to dam the river and divert its flow in order to irrigate his fields first and then to re-open the dam while another farmer wishes to water his own fields first – the court will not involve itself in this dispute and will allow the parties to fight over who draws water first.”

However, according to the Mishnah (Gittin 5:8), in order to prevent quarrelling over who draws water first, Chazal decreed that the farmer whose cisterns are furthest upstream and thus closest to the source of the water should be the first to fill his cistern, and all the other farmers along the channel should then fill their cisterns in order: “The cistern that is closest to the source of the irrigation channel is to be filled first, because this is one of the ways that foster harmony.” On this basis, the Shulchan Aruch codifies the final law.

The Duty to Repair Wells and Nineteenth Century Bye-Laws

The Tosefta (Shekalim 1:2) states that on the 15th of Adar, emissaries of the Beit Din would go out and dig wells, ditches and caves, and repair the Mikvaot and the water canals.

The duty to keep wells in a state of repair and the imposition of punitive measures depriving persons who fail to fulfil their obligations of their ‘right to water’ – was enshrined in the bye-laws for the “Yemin Moshe” neighborhood which was founded in 1892, under the title: “Notice and Warning to the Members of the Rechov Natan Neighborhood in Yemin Moshe.” The wording of the notice stated as follows:

“We hereby give notice of those repairs which require attention in view of the fact that two of the neighborhood’s wells have been broken and the water has seeped out; and similarly the large well needs repairing in several places and the sewage pipe which stands on the crossroads to the neighborhood also gets filled up in the rainy season and ruins the neighborhood as is well known.

All the above repairs amount to a minimum of 20 French franks, and therefore every member of the neighborhood is required to contribute the said sum by no later than Rosh Chodesh Ellul (haba aleinu letova}, because the repairs must be completed before the winter sets in. Anyone who does not contribute his share of the repairs by the above date will be denied his share of the water in the said wells.”

Water Pollution

The Tosefta (Bava Metzia 11:31) sets down a prohibition on polluting sources of water: “One who makes caves for the public may wash his face, hands and feet therein. However, if his hands and feet are dirty from mud or excrement – this is forbidden. And, in any event, one may not wash in a well or ditch whose waters are designated for drinking.”

The danger of drinking polluted water finds expression in the prohibition cited in the Gemara not to drink water that was left uncovered for fear that a snake drank from the liquid while it was unguarded and cast its venom into it. Chazal further enacted (Avoda Zara 12b) that “a person may not place his mouth on a water pipe and drink because of the danger… a person should not drink water from the rivers or ponds neither with his mouth nor with one hand” (which would leave him little time to properly examine it); “and if he did drink from a river or pond in either of these ways, his blood is on his head, because of the danger.”

In the bye-laws for the “Mishkenot Sha’ananim” neighborhood in Jerusalem, it is stated expressly how “the immersion room and the Mikveh must be clean of any dirt, and no mud or dirt shall be seen there.”

Next Column: Are Noisy Neighbors Always Bad?

Family Learning, Parshat Bechukotai Esther Gross

1. “I will send the rain in their time” (26:4) What are these times? 2. “You will eat very old grain” (26:10) Does this really belong in the blessings section? 3. How can we be sure of HaShem’s blessings? (26:13) 4. In what tone are the psukim 26:14-41 and 43-44 read? 5. Whose names are in reversed order in the Parasha? 6. What pasuk hints that both the written Torah and the oral Torah were given to us in Sinai? 7. Why are the vows and gifts to the Mikdash listed following the curses?

Answers follow below

Looking Back: The Palmach

One of the things that lie in the heart of Judaism is not forgetting where we come from and what we went through, we must learn from the past experience of our ancestors and use that knowledge in are thoughts and actions as individuals and as a nation. One of the events that is considered a legend in Jewish history is the Bar-Kochva uprising.

The Bar-Kochva uprising took place during the years 132-135 A.D and was the last Jewish attempt to throw off the Roman repression. It broke out sixty-two years after Rome destroyed the Temple in Jerusalem (70 A.D.). Although the Bar-Kochva revolt is considered one of the most significant events in Jewish history, it was not documented by anyone and as a result we have no detailed account of the revolt and its devastating consequences. Though it can not be proven in any way many people see Lag-Ba’omer as a day that Bar-Kochva and his troops managed to beat the Romans in one of the battles. The custom of playing with a bow and arrow on Lag-Ba’omer is also associated with the belief that a Jewish victory took place on that day. The Zionist movement emphasized the historical connection between Lag-Ba’omer and the Bar-Kochva revolution being a symbol of Jewish bravery and a struggle for independence. Due to its symbolic meaning Lag-Ba’omer was considered a significant day and many important events took place on this date throughout the years, including the establishment of IDF (Israel Defense Forces) in 1948.

Seven Years earlier on May 16, 1941(Lag-Ba’omer) one of the divisions that was to be a main component in the Israeli army was established and named the Palmach.

The Palmach (acronym for ‘Pelugot Hamahatz' – Striking Force) was established as part of the "Hagana” organization in 1941, due to fears of German invasion to Eretz-Israel. The Palmach was created to establish an elite ready reserve for the Haganah. It consisted of full time soldiers, who worked 14 days per month on kibbutzim, and trained for another 10 days. Between 1941 and 1943, there was close cooperation between the Palmach and the British, with the British using Palmach units for behind-the-lines assaults in Vichy-dominated Lebanon and Syria. By 1943, as the threat of invasion receded, the British began to fear that the Palmach might become a threat to their continued rule in Palestine, and they therefore began to make unsuccessful attempts to suppress them. From late 1945 to mid-1946, the Palmach worked together with the Irgun in attempting to undermine British rule in Palestine. From 1946 until 1947, the Palmach concentrated on helping to facilitate Jewish emigration to Palestine. When the War of Independence began, the Palmach was the only ready standing army available to repel the Arab attack. They fought valiantly during the war, but sustained heavy casualties. At the end of the war, Ben Gurion dissolved the independent structure of the Palmach, and merged it into the IDF.

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Answers:Family Learning 1. These times are Shabbat evenings, when people are home and are not caused any inconvenience (Rashi) 2. Yes indeed! This means the old crops remain fresh for years. 3. The same G-d who led us out of Egypt with great miracles, will also bless us if we obey his Mitzvot. 4. They are read in an undertone (see Kitzur Shulchan Aruch 78:4) 5. 26:42 lists the names of the Avot (Patriarchs) in reversed order. See Rashi for the reason. 6. 26:46 Torot 7. The Kli Yakar (Rabbi Shlomo Efraim Luntshitz, 1550-1619) teaches us that it is only natural for one in need to vow and cry to HaShem. Obviously, the ideal is also to follow through and not to forget about the vows when the trouble is over… (27:2).