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Parshas Mishpatim 5774
Candle Lighting Time: 4:52 pm
January, 24 2014
Volume 10 Issue 15
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Dvar Torah

Oh No! Not Again!


By Rabbi Yosef Prupas


How are we to serve Hashem properly in the end of Days, a time when clarity of the existence of G-d will make free choice a thing of the past? To resolve this question, Rav Yitzchak Hutner zt"l brings a famous Rashi found in this week's Parsha. The verse states (21:13) "And one who did not lie in ambush and Hashem brought about to his hand..." Rashi comments,


Why would such a thing go forth from before him? This what [King] David said, "As the proverb of the Primeval One says, "Evil comes forth from the evil ones." The proverb of the Primeval One is the Torah, for it is the parable of Hakadosh Boruch Hu, Who [is referred to as the Primeval One because He] is the forerunner of the world. And where did the Torah say, "Evil comes forth from evil"? "And Hashem brought about to his hand". About what is the verse speaking? About two people one of whom killed intentionally and one of whom killed unintentionally, and there were no witnesses to [either] matter who could testify... Hakadosh Baruch Hu summons them together to the same inn. The one who killed intentionally sits beneath the ladder and the one who killed unintentionally ascends the ladder and falls on the one killed intentionally and kills him, and witnesses testify about him [who fell] and makes him liable for exile. It thus happened that this one [earlier] killed unintentionally goes to exile, and this one who [earlier] killed intentionally is killed.


Torah manifests itself on different levels, 1. prior to creation of the world, 2. during the world existence, and 3. in the days of Moshiach. (An in-depth explanation of this is beyond the scope of this Dvar Torah). The source for this is a verse found in MalochimAleph (5:12). When enumerating the blessings that came as a result of the blessing of wisdom that Hashem bestowed upon King Shlomo, the verse states "He spoke three thousand proverbs." Rav Hutner explains that each stage in the history of the universe, based on the Torah, is a parable for the stage afterwards and at the same time a realization of the parable of the stage before.  The nature of a parable is such that within it exists a hint to the explanation that is to follow.  The same applies to the timeline of the universe/Torah history. Every stage includes elements of what is to follow.


 The above quoted verse with Rashi's commentary reveals to us that even today there exits within Torah the possibility of lack of free choice. This serves as a parable to the Torah of the end of times, an era without free choice. How our fulfillment of Torah will be possible in the time of Moshiach remains to be seen, but what is important to understand is the likelihood of events, despite our greatest efforts to prevent them from occurring. Often we try repeatedly to avoid certain spiritually and ethically perilous situations, yet, they always seem to find us. Instead of losing hope, we should realize Hashem's direct hand prodding us to grow from each stumbling block. Such is the will of Hashem. The fact that the trying situation that one is trying to avoid happens again is no fault of ours. May we never lose focus on our ultimate goals and may we merit the time where making the right choice is no longer needed.







Dvar Halacha


Halachos of Basar B'Cholov      part 1



By Rabbi Yochanan Eskenazi



The Torah in three different places [Shemos 23:19, 34:26, & Devarim 14:21] says "Lo s'vashel g'dee ba'chaleiv imo" (do not cook a kid goat in its mother's milk).  TheGemara [Chullin 115b] explains, the reason it is repeated, is to teach us that there are 3 different [Biblical] prohibitions regarding basar b'chalav: cooking, eating, and benefitting.


There arenumerous explanations as to the reason the Torah prohibited basar b'chalav.  One reason is since the idol worshipers used to cook meat and milk as a religious act on their holidays, we are commanded to distance ourselves from chukas hagoyim (Rambam Moreh Nevuchim 3:32).  Others suggest, the Torah wants us not to be cruel; cooking a young animal in its own mother's milk [which is the literal translation of the posuk] is cruel (Rashbam Vayikra 11).  The Kli Yakor [Shemos 23:19] writes these reasons seem implausible and therefore suggests that this is a mitzvah which we were not explained the reason behind it.  Similarly, Rabbeinu Bachayei [Shemos 19:23] writes that only in the Next World will the reason behind this mitzvah be revealed to us.


Generally speaking, there is not such a stark contrast between mitzvos me'doraisa and mitzvos me'derabbanun.  We are commanded to be scrupulous in performing both (e.g. a person is commanded to shake the lulav on both the first day of Succos [which is me'deoraisa] and the remaining days [which is me'derabbanun]).  Regarding the halachos of basar b'chalav, there is a major practical difference between them.  As mentioned, any mixture of meat and milk etc. that is assur me'doraisa, will be subject to 3 different prohibitions; cooking, eating, and benefitting.  A mixture of meat and milk etc. that is assur me'derabbanun, is only prohibited to eat, but would be permitted to derive benefit from (Shulchan Aruch YD 87:3 & Rama 87:1).


The Gemara [Chullin 108a] explains from the fact that the Torah refers to all 3 prohibitions as "cooking" [as opposed to saying, "don't cook," "don't eat," and "don't benefit"], that me'deoraisa the only basarb'chalav that is prohibited is a mixture that was cooked together (Shulchan Aruch YD 87:1).  Any mixture that was not halachikally cooked together, will not be prohibited me'deoraisa


Additionally, Chazal (Gemara Chullin 116b) understood that since the Torah specifies "g'dee" (goat), only animals that are comparable to g'dee are prohibited me'doraisa (Shulchan Aruch YD 87:3).   However, meat of a chaya (non-domestic animal) [e.g. deer] or fowl, is not prohibited me'deoraisa. Additionally, fish is permitted to cook together with milk (Shulchan Aruch YD 87:3).  Many Sefardim do not eat fish and milk together.  However, it is for sakana reasons [dangerous to one who eats it] and not because of the prohibition of basar b'chalav.


To sum up, only cooking [kosher] domestic animals with kosher milk is prohibited me'doriasa.  If this happened, in addition to the Biblical prohibition of cooking meat and milk, the basar b'chalav would be Biblically prohibited to eat and benefit from.








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