Thursday 21 August 2014

START THE DAY THE TORAH WAY 23rd August 2013

This week’s sedra, Parshas כו תבוא, commences with the mitzvah of ביכורים, namely at the time there was a Bais Hamikdosh, the farmers were to bring from their first fruits growing each season, offerings to the Bais Hamikdosh. This is, in fact, only in respect of the seven special fruits mentioned earlier in Devorim including, wheat, barley, figs, grapes, pomegranates, olives and dates. A whole ceremony took place at the Bais Hamikdosh and the person concerned, made a lengthy statement as is enumerated in the first parsha of the sedra.

The Torah then proceeds to laws concerning תרומה and מעשרות, tithes that had to be given each year. When the crops were harvested, the Kohen had to be given his part, the תרומה which could, in fact, consist of just one kernel of wheat. However, the Rabbonim instituted a larger amount, 1/50th being the normal share. A generous person would give 1/40th and a less generous person 1/60th of the total crop. It basically was, therefore, 2% of the crop or thereabouts.

The Levi then received 10% of what was left, in other words 9.8% of the originally crop.

A further 9% was also set aside. This is called מעשר, a 1/10th, because it is 10% of the 90% left after giving the Kohen and the Levi their portions.

It depended on which year of the seven year cycle called shmittah as to what precisely happened. In the shmittah year, all the tithes were suspended, the produce of the fields became הפקר, this meant that the Levi’im and poor people, and for that matter anybody else, were able to take as much as they liked of the crops growing.

In the 1st and 2nd year of the cycle and again on the 4th and 5th year, the second מעשר called מעשר שני had to be brought to Yerushalayim and eaten there, whereas on the 3rd year and the 6th year of the cycle the second 9% had to be given to poor people. This was known asעני  מעשר . The Torah then continues with the rule that if one has not given the מעשרות  to the Levi and had not taken the מעשר שני to Yerushalayim during the first two years, he was given until the end of the third year, in fact up to Pesach on the 4th year and again up to Pesach on the year of Shemittah, to rectify matters. At the time he made a special declaration to the effect that he had given מעשר שני andעני  מעשר , and had kept all the mitzvas to do with the תרומה and מעשרות in a correct and exemplary fashion.

The Torah then finishes the Parsha with a request by the person concerned (the verse before shlishi) השקיפה ממעון קדשך מן השמים וברך את עמך את ישראל . Rashi comments (in Bereishis talking about the angels looking over Sedom before the desolation that was to be wreaked on it, וישקיפו). Rashi states that whenever that expression השקפה is used it always refers to a bad happening except in the case of giving מעשר עני, money to poor people גדול מתנות עניים שהופך מידת הרוגז לרחמים to give gifts to poor people is so great that it converts anger to mercy. By giving the Levi, the Ger, the orphan, the widow, all the poor people their portions, we are in a position to ask Hashem to bless Bnei Yisroel and the Land of Eretz Yisroel in order that it should flow with milk and honey.

That was the position with regard to the times of the Bais Hamikdosh. How about nowadays, do we have to give 10%, מעשר עני, or not? Does this only apply to somebody who has agricultural fields on which crops grow? Please remember that at the time of the Bais Hamikdosh, as far as the Torah was concerned, the three crops from which מעשר had to be given were five types of dogon, wheat, barley etc. wine and oil. But the Rabbonim instituted giving all foods that grew from the ground. Where do we stand nowadays?

There is a mitzvah to give what is called מעשר כספים, a tenth of monies earned or received each year. There are, however, differences of opinion as to whether this is Min HaTorah based on having on having to give מעשר עני in Eretz Yisroel at the time of the Bais Hamikdosh. This is Tosefos’ position.

However, a number of other authorities only consider this as a Rabbinic obligation, מדרבן.

There are numerous other authorities, פוסקים, who say that giving maaser kesofin is not related to the mitzvah of taking from one’s produce. It is a quantification of the obligation to give tzedokoh.

For example, the Rambam says that 10% is the average amount of tzedokoh to give. Giving less is not proper and giving more is very praiseworthy. There is also a maamar chazal המבזבז על יבזבז יותר מחומש, somebody giving considerably should not exceed 20%. There are even those who say that it is only a custom to given 10% but most of the poskim do not agree with this.

In any event, it has certainly become an established rule nowadays that one does given 10% not only from net earnings but also capital gains in any one year.

For further detailed examination of this, I would refer you to an article in last week’s Jewish Tribune by Rabbi Pfeffer on page 23.

The reason for us giving the first 10% to the Kohanim and the Levi’im was that they were the spiritual leaders of Klal Yisroel. Whereas the Kohanim in their service in the Bais Hamikdosh had the privilege of eating from the korbonos, the sacrifices as well as the lechem haponim throughout the year, the Levi’im lived in 48 cities scattered through the country and they would the teachers of Torah and spiritual leaders in their particular district. Therefore, basically half of what was set aside each year went to them. A further מעשר in fact 9% of the original crops then went to either being eaten in Yerushalayim by the farmer or members of his family but in years 3 and 6, the money was specifically set aside for looking after poor people.

It is relevant to point out that at the time of the Bais Hamikdosh, 10% of the value of each crop went to Kohanim and Levi’im and that on a seven year cycle, one year all the terumas and maasros were suspended. As far as the other years were concerned, for four out of six the law of מעשר שני applied which meant that the person or a member of his family, going to Yerushalayim eating the produce or equivalent spending money there.  It is only on 3rd and 6th years that the money was given to specifically poor people, which is a very small proportion in total value over the whole shmittah period, something like 15% of the total allocated terumus maasar rishon, מעשר שני and מעשר עני. Nevertheless, the Torah tells us that special request that Hashem should look favourably upon us and the explanation which Rashi brings, which I mentioned right at the beginning is specifically giving מתנות עניים, gifts to poor people.

I think that this reinforces the idea that whereas one has to look after the spiritual leaders and one’s own spiritual growth, it is the giving away of hard earned money to poor people, that is looked upon by Hashem with such favour.

Let us just try to understand why giving these tithes to support Torah and Talmidei Chochomim and the needy and poor is so important. We know that HaKodesh Boruch Hu created the world we live in and that one of the purposes is be להטיב לברואיו “good to his creations” . We also are aware that Chazal tell us היסתכל באורייתא וברא עלמא, G-d looked into Torah and created the world. Therefore, Hashem is more than happy when his creations learn Torah and learn from Torah how to behave by keeping the mitzvas and benefit from one another by learning Torah and teaching Torah. They also benefit one another by helping one another, especially poor people and they understand that Hashem has given them the money, the food etc. in order to be able to distribute some further. By passing this on, to people who are poor and deserving, we are emulating Hashem.

By the act of giving the various tithes, we cause a chain effect which is spreads upwards to all the worlds, not only the world that we live in but right the way up to the highest levels. By doing this, it triggers Hashem, therefore, granting more bounty, more food, more good things coming down from the high level to ourselves and note that the request by the person making the declaration was  השקיפה ממעון קדשך, מעון  is referred to in the Gemora Chagiga 13b, as being among the seven heavens, in fact the third going down or fifth going up, whichever way you look at it. This idea is enumerated in detail in what is called the תקוני זהר. Furthermore the תקוני זהר tells us that the same is with Torah, not just the learning of Torah but teaching others and passing on Torah has the same effect, in a spiritual way, as I just mentioned above.

Now we all understand that Torah has lots of different levels and to aspire to reach what is called Torah Lishmo, Torah for its own sake and Torah L’Amito, Torah with absolute truth is very difficult but one has to try ones best, everybody according to their own level.

However, in respect of helping other less fortunate people, מתנת עניים, the main thing is the actual giving, and therefore, even the comparatively ignorant farmer could request Hashem to look benevolently on us

The same applies nowadays in that people who are fortunate enough to have parnoso and give tzedoko or help in other ways with Chesed one to the other, can have a very beneficial effect without having to go into the details of kavono, the reasons for it.

It is interesting to note that the sefer HaChinuch in his explanation of the mitzvah of מעשר שני states that by at least one member of each family coming to Yerushalayim with the produce and spending in Yerushalayim, as the Torah says, this has a spiritual effect on the person concerned because he sees the holiness of the Bais Hamikdosh, of the people who live in Yerushalayim, he will then, himself, wish to emulate them and in due course when he returns home, will pass on this to the rest of his family, friends and neighbours and, therefore, it will have a very beneficial effect.

When we are coming towards to Rosh Hashonah, and we are in Elul, each of us looks for extra merits, zechusim, and we can do no better than learn from this sedra these major lessons of how we should behave towards our fellow beings which will, in turn, bring brochos for all the Bnei Yisroel in addition to trying to uplift our spiritual level.

The word מעשר comes from the word עשר, meaning ten. And מעשר therefore means that one is taking a tenth. I find it interesting that in case of מעשר שני and מעשר עני, even though technically one is only taking 9% of the original crop it is still referred to as מעשר , 1/10th. We find that Hashem created the world with ten utterances, עשרה מאמרות. The לוחות had on then עשרת הדיברות, ten commandments. The mekobolim go further and state that when Hashem created the world from the very highest levels down to our level there are what is known as ten ספירות.

May I suggest that we are enjoined to give 1/10th being a complete attachment to one of the ten mentioned above on the basis that then means that we are on the correct bandwagon and this triggers a favourable response by Hashem even if He would otherwise look on us in an unfavourable way השקיפה.


May we all have a כתיבה וחתימה טובה and as the Yerushalmis say the word גפן refers to gizint, parnoso and nachas.

No comments: