Showing posts with label yosef. Show all posts
Showing posts with label yosef. Show all posts

Wednesday, July 22, 2009

License to Lie

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Rabbi Moshe Menachem Liberman, a member of the Chicago Community Kollel discusses some of the halachos regarding the modification of the truth for certain purposes.

http://www.cckollel.org/html/parsha/bereishis/vayichi5764.html

“And they sent a message to Yoseph saying: Your father commanded before he died, saying: So you shall say to Yoseph: Please forgive now the transgression of your brethren, and their sin, for they did to you evil . . .” Vayechi 50:16-17. Rashi points out that the brothers modified the words of Yaakov Avinu in this matter in the interest of peace because Yaakov Avinu had not actually commanded thus.1 The Gemara learns from these pesukim that there is a license to alter the truth in the interest of peace.2 This freedom to alter the truth is actually mandatory and not merely an authorization to alter the truth.3 Before we look at this obligation to alter the truth in the interest of peace, it behooves us to examine the general restriction against altering it.

The Torah states in Parshas Mishpatim, “From a false matter you shall distance yourself.”4 Thus, halachic authorities hold that there is a biblical obligation to refrain from lying.5 Furthermore, Hashem exhorts us to speak the truth, as the Navi in Zechariah states, “Let one man speak with another in truth.”6

The threshold for establishing what constitutes a falsehood, though, is very low. A mere omission is considered an alteration of the truth.7 The Chofetz Chaim deduces this from our Gemora, which states:

Peace is important because even Hakodosh Boruch Hu altered the truth in the interest of peace. Initially the Torah writes [that Sarah Imeinu, after hearing that she will give birth to a son to Avraham Avinu, said], “[After I am old shall my skin become smooth] and my husband is old?”8 And afterwards it writes [Hashem (only) told Avraham Avinu that Sarah Imeinu had said], “and I am old?”9 The only difference between what Sarah Imeinu said and what Hashem told Avraham Avinu that she said, was that Hashem omitted the comment that she had made concerning Avraham Avinu.10 This omission, the Gemara said, was permitted only because it was done in the interest of peace.11 Thus, even a mere omission of part of an otherwise true statement is considered a falsehood to which we are commanded to keep our distance.12

Although merely omitting is considered a falsehood, when altering the truth in the interest of peace, it is preferred to an outright lie.13 Of course, if merely omitting would be insufficient then he should outright lie.14 This obligation to lie in the interest of peace, however, does not sanction swearing falsely.15 Additionally, one may not lie concerning things which have not yet happened.16

There are other times when it is also appropriate to lie. If a person is asked whether he is knowledgeable in a certain Mesechta, he may lie and answer that he is not when in fact he is.17 However, if he is asked in order to provide an answer to a halachic query or to teach, then he must answer truthfully, consistent with his expertise in the Mesechta.18 If a person is asked in the presence of disreputable people concerning the graciousness of his host, he may lie and answer that his host was not gracious.19

The contemporary halachic authorities also permit altering the truth in the following circumstances:
• People may answer, “I don't know” when asked about a matter that is supposed to remain secret.20
• Wealthy individuals may lie about their wealth if they fear “the evil eye” (ayin hara) or if they do not want to arouse jealousy.21
• If one fears that a package will be mishandled, it is permitted to write “glass” on it, even though it does not contain any glass.22
_______________________________________________________________________________________________________________________________
1 Rashi al Hatorah, Vayechi 50:16 (beginning with the words “Your father commanded”)
2 Yevamos 65b
3 Derishah al Choshen Mishpat 262:21
4 23:7.
5 Rabbi Shmuel Hominer, Eved HaMelech, Parshas Mishpatim 23:7:1 (citing SMa”G at Esay 107 and SMa”K 226) (4th ed. 1998); but see Rabbi Menachem Trivash, Orach Maysharim 9:1:1 (noting that this verse is only a restriction on judges and witnesses in the judicial context) (3d ed. 1968).
6 Mesilas Yesharim Chapter 11 (quoting Zechariah 8:16 and other sources).
7 Chofetz Chaim Hilchos Rechilus 1:8:14.
8 Vayera 18:12.
9 Id. at 18:13.
10 Chofetz Chaim Hilchos Rechilus 1:8:14.
11 Id.
12 Id.
13 Chofetz Chaim Hilchos Rechilus 1:8.
14 Id.
15 Id.; but see Chofetz Chaim Hilchos Rechilus 1:8:15 (noting that if there is a foreseeable loss to the other person it is questionable whether swearing falsely may be permitted).
16 Magen Avraham 156:2 (citing Sefer Chasidim 426); but see Mishnah Berurah 156:4 (commenting on Magen Avraham 156:2 that it is questionable); see Rabbi Shmuel Hominer, Eved HaMelech, Parshas Mishpatim 23:7:2 (explaining that the Mishnah Berurah does not understand why there should be a limitation as to when one may alter the truth in the interest of peace).
17 Shulchan Aruch Choshen Mishpat 262:21.
18 Be'er HaGolah al Choshen Mishpat 262:9.
19 Shulchan Aruch Choshen Mishpat 262:21.
20 Rabbi Doniel Yehuda Neustadt, The Weekly Halachic Discussion, 47 (citing Titen Emes l'Yaakov at 76 (quoting Harav S.Z. Auerbach and Harav S.Y. Elyashiv)) (2d rev. ed. 2002).
21 Id. (citing Titen Emes l'Yaakov at 78 (quoting Harav S.Y. Elyashiv)).
22 Id. at 48 (citing Titen Emes l'Yaakov at 66 (quoting Harav S.Y. Elyashiv, Harav Y.Y. Fisher, and Harav C. Kanievsky)).

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Sunday, May 24, 2009

Brothers Sent Specifically the “Coat of many Colors”

It is written [Breishis 37:32]: And they sent the coat of many colors, and they brought it to their father; and said: “This have we found. Know now whether it is your son's coat or not.”

The question is asked: Why did the brothers feel the necessity to destroy specifically his fine woolen coat; this was a very special garment and valuable? Why didn’t they rip one of Yosef’s other garments and send it to their father?

The simple answer would be that Yaakov would not recognize Yosef’s other garments; it was the special garment that he gave to Yosef that he would indeed recognize.

Rabbi Aharon Kroll offers another answer based on our Gemora. The Mishna had stated: One may only testify to the identity of a dead man on the basis of the face with the nose, even though there are identifying marks on his body and on his garments. The Gemora explains that we cannot rely on the identifying marks of his garments because we are concerned that the clothes may be borrowed.

Accordingly, one may ask: How could Yaakov be certain that Yosef was killed based on the blood found on Yosef’s clothing; perhaps someone had borrowed Yosef’s garments?

The Be’er Heitev (E”H, 17, 71) cites from the Ra’anach that if it is customary for only one person in the community to wear a certain garment, we do not take “borrowing” into consideration.

The Keli Yakar explains that the k’sones passim that Yaakov gave to Yosef represented the firstborn right that Yaakov took away from Reuven and granted to Yosef. The service in the Beis HaMikdosh required that the Kohen would wear special clothing, and Yosef was given this garment as a sign of honor and glory. This coat was obviously worn only by Yosef, and he would never lend it out.

This explains why the brothers sent to their father Yaakov the fine woolen coat of many colors, and not any other of Yosef’s garments. Yaakov would recognize that this was Yosef’s coat, and only he would be wearing it. This was a clear indicator that Yosef was indeed devoured.

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Sunday, August 24, 2008

Three Hundred Silver Pieces

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The Gemora in Megillah (16b) expounds the following verse [Breishis: 45:22]: He [Yosef] gave them all changes of clothes, and to Binyamin he gave three hundred [pieces of] silver and five changes of clothes. The Gemora asks: Is it possible that Yosef would stumble on the precise action that caused him to suffer? Yaakov had given Yosef a nice woolen garment which caused the brothers to become jealous and prompted them to sell him to Mitzrayim. Should Yosef now favor Binyamin over the other brothers? Rabbi Binyamin bar Yefes answers: Yosef was hinting that a descendant of his will go in front of a king dressed in five royal garments (referring to Mordechai).

The commentators ask: Why didn’t it bother the Gemora that Yosef gave to Binyamin three hundred pieces of silver, and none to the other brothers? Wouldn’t that have caused jealousy as well?

The Chasam Sofer answers based upon our Gemora, which states: Rabbi Yehoshua ben Levi said: One who sells his slave to an idolater; we penalize him and force him to buy him back for up to ten times the value of the slave.

An ordinary slave is worth thirty silver coins, as we know from the halachah in the Torah that if an ox gores and kills a slave, the owner must pay the master thirty silver coins.

Accordingly, the brothers who sold Yosef should have been obligated to pay the penalty of ten times Yosef’s value in order to redeem him. Since they did not redeem him, they therefore owed to Yosef three hundred silver coins (30 ∙ 10 = 300). This is why Yosef did not give them the three hundred silver coins that he gave to Binyamin. Binyamin, who was not involved in the selling at all, rightfully deserved this amount, and therefore, Yosef was not concerned that this would be a cause for jealousy.

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Friday, July 11, 2008

Prophecy Compared to Torah

Rabbi Il’a bar Yeverechyah said (Daf Yomi: Sotah 49a) : If there are two Torah scholars traveling on the road and they are not discussing Torah, they deserve to be burned, as it states: And as they (Eliyahu and Elisha) walked, walking and speaking, that behold, a chariot of fire appeared etc. The reason why the chariot of fire passed between them and did not burn them was because there was a discussion of Torah between them; if there had not been such a discussion, they would have deserved to be burned.

The Gemora in Taanis (10b) cites a Scriptural verse where Yosef instructed his brothers not to discuss Torah on their way back from Egypt since they might become distracted and lose their way. The Gemora questions this from our Gemora. The Gemora answers that one should review his learning on the road since it will not require much attention; however he should not delve into Torah study since that will distract him.

Tosfos cites a Medrash that the reason the fire appeared and they deserved to be burned was because they were discussing worthless words at the time.

The Brisker Rav asks that the Metzudos explains the conversation that Elisha was having with Eliyahu at that time. Elisha asked Eliyahu that the spirit of prophecy should rest on him with a higher level than that of Eliyahu. Eliyahu answered him that under certain conditions, that will occur. It emerges that at the time that the fire appeared they were discussing matters that should be regarded as holy and not futile words. They were discussing how the Heavenly presence will rest on Elisha. For this, they deserved to be burned?

The Brisker Rav answers that that this discussion pales in comparison to a discussion regarding Torah. When traveling on the road, one must make sure that there is Torah discourse being discussed and not other matters even if those matters are dealing with the Shechina and Prophecy.

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Thursday, July 10, 2008

Yaakov and Yosef; Eglah and Agalos

Rav Yehudah said in the name of Rav (Daf Yomi: Sotah 46b): Whoever escorts his fellow four amos in the city, insures that no harm will come to him during his journey.

The Maharal uses our Gemora to explain the famous Medrash. It is written [Breishis 45:27]: And he (Yaakov) saw the wagons that Yosef had sent to carry him. Chazal say: The Hebrew word “agalah,” wagon, is similar to the word “eglah,” calf. Yosef was hinting to his father that he was alive by making a reference to the eglah arufah, which was the last topic of Torah that Yaakov and Yosef had studied together before Yosef was sold as a slave.

The Maharal notes: It cannot be merely coincidence that they were studying that passage, for if so, how would Yosef know that Yaakov would remember that it was this precise topic that they were studying together before he left.

Rather, this is what transpired: Yaakov was escorting Yosef to Chevron. Yosef said to him: Go back to the house and do not trouble yourself. Yaakov responded that it is a great mitzvah for one to escort another in the beginning of a journey. If one does not escort his friend, it is regarded as if he spilled his blood. One who does escort his fellow insures that no harm will befall him on his journey. It was through this that Yosef realized that Yaakov will definitely remember the topic of Torah that they were studying, for he will remember escorting him out of the city. It was for this reason that Yosef sent the wagons. He was indicating to his father that he was not damaged in any manner, physically or spiritually, and that it was due to the fact that Yaakov escorted him out of the city.

Rabbi Yissochar Frand explains the Medrash differently: He states that a profound lesson is learned from Yosef and Yaakov. When Yosef wanted to give irrefutable proof to his father Yaakov that he was indeed Yosef, the incontrovertible piece of evidence he presented was the Torah portion that they were studying together. Serious Jews identify themselves by the Torah discussion that they were having at a certain time; not by any mundane activities that they were enjoying together. Yosef identified himself to Yaakov by the essence of Jewish identity - the Torah topic that they last discussed.

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Monday, June 30, 2008

Descendants of Yosef

The Gemora (Daf Yomi:Sotah 36b) explains: Even though Levi was below, the people standing by Mount Gerizim were more numerous because the descendants of Yosef (who were very populous) were with them; as it says: And the descendants of Yosef spoke to Yehoshua, saying, “Why have you given me but one lot and one portion for an inheritance, seeing that I am a huge nation?”

Rashi in Yehoshua notes that the descendants of Yosef were from the Tribe of Menasheh. The Radak explains that the descendants of Efraim did not have any legitimate complaint, for they had more people in their tribe when they left Egypt than now, when they entered Eretz Yisroel. Menasheh, on the other hand, had a valid complaint, for they had twenty thousand and five hundred more people now than when they left Egypt. The portions of land were allocated according to the amount of people each tribe had when they left Egypt, and since they were more numerous when they entered Eretz Yisroel than when they left Egypt, each one of them would be receiving a lesser portion.

Minchas Yaakov adds that this explanation can inferred from the verse which states that the descendants of Yosef spoke to Yehoshua. Reb Yaakov Kaminetzky in Emes l’Yaakov asks: Why by the spies, does the Torah state, to the Tribe of Yosef, to the tribe of Menasheh, but by Efraim, the Torah only writes, to the Tribe of Efraim? Why isn’t Yosef’s name mentioned? He answers that it is written [Breishis 48: 5 – 6]: And now, as for your two sons, who were born to you in the land of Egypt, until I came to you, to the land of Egypt they are mine. Efraim and Menasheh shall be mine like Reuven and Shimon. But your children, if you beget any after them, shall be yours; by their brothers’ names, they shall be called in their inheritance. The children born to Yosef afterwards did not merit being included in the Tribe of Yosef. Yosef had the choice of delivering them to any tribe that he wished. Since Menasheh was the firstborn, he combined all of his other children with them. It emerges that the descendants of Yosef, who were not offspring of Menasheh and Efraim, were included in the Tribe of Menasheh. It is for this reason that the Torah writes, to the Tribe of Yosef, to the tribe of Menasheh.

Our verse, which states that “the descendants of Yosef spoke to Yehoshua” is referring to the Tribe of Menasheh, which consisted of Menasheh’s offspring, plus the offspring of Yosef.

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Monday, April 28, 2008

Shaving on Shabbos

The Gemora (Daf Yomi: Nazir 40a) cites the verse regarding the Levi’im [Bamidbar 8:7]: And they shall pass a razor over their entire skin. The Chasam Sofer asks: According to the calculation, this occurred on Shabbos. How was it permitted for them to shave on Shabbos?

He answers: They shaved in a manner that was less than the amount required for one to be liable.

A similar question is asked regarding Yosef. How was he permitted to shave on the day that he emerged from prison? Chazal say that Yosef was summoned to Pharaoh on Rosh Hashanah! Chasam Sofer answered that it was permitted due to the honor of the king.

Accordingly, the Pardes Yosef said that this answer can be used to explain the Levi’im’s permission to shave as well. Since this shaving was part of the process of anointing and sanctifying the Levi’im, which prepared them to serve Hashem in the Mishkan, it would certainly be permitted, even on Shabbos.

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Sunday, April 06, 2008

Yosef's Hair Cut

When Yosef was summoned to Pharaoh to interpret his dreams, it is written [Breishis 41:14]: and he shaved and changed his clothes, and he came to Pharaoh. Onkelos translates the word “shaved” as “vesaper.” It is noteworthy that every other place in the Torah, Onkelos translates it as “yegalchinei.” What is the explanation behind this?

The Rogatchover Gaon answers: It is written [ibid. 49:26]: May they come to Yosef’s head and to the crown of the head of the one who was separated from his brothers. Rabbi Levi understands this verse to mean that Yosef was a nazir. And so we find that from the day that Yosef was separated from his brothers, he did not taste any wine.

Onkelos is therefore troubled: How could it be that Yosef the nazir shaved before he came to Pharaoh? A nazir is forbidden to cut his hair! Onkelos answers that here it was not an actual giluach (hair cutting). His hair was trimmed without the use of a razor, and this is permitted for a nazir to do.

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Friday, December 28, 2007

Yosef's Success

It is written [Breishis 39:3]: And his master saw that the Lord was with him, and whatever he (Yosef) did, the Lord made prosper in his hand. Rashi comments: The name of Heaven was frequently in his mouth.

The Sheiris Yaakov explains Rashi: The Gemora (Nedarim 7b) states: Rav Chanin said in the name of Rav: One who hears his fellow utter Hashem’s name in vain is obligated to excommunicate him; otherwise, he himself is fit to be excommunicated. The Gemora explains the rationale behind this: For wherever the unnecessary utterance of the Divine Name is prevalent, poverty will be prevalent, and poverty is regarded as death. (Thus we see the severity of Hashem’s Name being mentioned in vain.)

Since Yosef commonly used Hashem’s Name, he should not have been successful; nevertheless, his master saw that Hashem was with him and made Yosef successful.

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Thursday, August 30, 2007

Brothers Sent Specifically the “Coat of many Colors”

It is written [Breishis 37:32]: And they sent the coat of many colors, and they brought it to their father; and said: “This have we found. Know now whether it is your son's coat or not.”

The question is asked: Why did the brothers feel the necessity to destroy specifically his fine woolen coat; this was a very special garment and valuable? Why didn’t they rip one of Yosef’s other garments and send it to their father?

The simple answer would be that Yaakov would not recognize Yosef’s other garments; it was the special garment that he gave to Yosef that he would indeed recognize.

Rabbi Aharon Kroll offers another answer based on our Gemora. The Mishna had stated: One may only testify to the identity of a dead man on the basis of the face with the nose, even though there are identifying marks on his body and on his garments. The Gemora explains that we cannot rely on the identifying marks of his garments because we are concerned that the clothes may be borrowed.

Accordingly, one may ask: How could Yaakov be certain that Yosef was killed based on the blood found on Yosef’s clothing; perhaps someone had borrowed Yosef’s garments?

The Be’er Heitev (E”H, 17, 71) cites from the Ra’anach that if it is customary for only one person in the community to wear a certain garment, we do not take “borrowing” into consideration.

The Keli Yakar explains that the k’sones passim that Yaakov gave to Yosef represented the firstborn right that Yaakov took away from Reuven and granted to Yosef. The service in the Beis HaMikdosh required that the Kohen would wear special clothing, and Yosef was given this garment as a sign of honor and glory. This coat was obviously worn only by Yosef, and he would never lend it out.

This explains why the brothers sent to their father Yaakov the fine woolen coat of many colors, and not any other of Yosef’s garments. Yaakov would recognize that this was Yosef’s coat, and only he would be wearing it. This was a clear indicator that Yosef was indeed devoured.

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Sunday, December 24, 2006

Daf Yomi - Rosh Hashana 19 - Chashmanoim and Yosef

The Gemora relates that the Greeks had decreed that the Jews could not mention Hashem’s name. After the Greeks were defeated by the Kingdom of the Chashmanoim, they established that Hashem’s name should be written on all contracts. The Chachamim heard about this and stopped this because they were concerned that when the borrower will repay the debt, the unnecessary document will be thrown in the garbage. It was the third day of Tishrei when the Chachamim abolished this enactment and they made that day into a festival.

The Gemora in Shabbos which relates the story of Chanukah refers to the Chashmanoim in the same manner as our Gemora – the Kingdom of the Chashmanoim. A question is asked that at that time they were not the kings yet. It was only after the victory that the Chashmanoim assumed the throne but not before.

The commentators ask on the Rashi in this past week’s parsha. The chief cupbearer is relating to Pharaoh of an incident that transpired when he was in prison. The verse states “And there with us was a Hebrew lad, a slave of the chief slaughterer, and we told him, and he interpreted our dreams for us.” Rashi cites from a Medrash “A slave and in the statutes of Egypt it is written that a slave may neither reign nor wear princely raiment.” (Judaica Press)

What compelled the sar hamashkim to state that in the Egyptian constitution it is written that a slave cannot ascend the throne. What made him think that by Yosef interpreting the dreams, this would lead him to become a ruler in Egypt?

The answer is that a true ruler does not have to don a crown or wear princely raiment or sit on a throne. A ruler is one who can rule over himself, someone who is capable of control his desires. The Medrash states that Shlomo Hamelech was a king over seven different kingdoms but the highest level was that he ruled over himself.

The chief cupbearer recognized this in Yosef even when he was in prison. Yosef was clearly destined for leadership and that is what compelled the chief cupbearer to tell Pharaoh as to what was written in the Egyptian statutes.

This can be the explanation of the Gemora. It was true that the Chashmanoim did not ascend the throne until after they were victorious over the Greeks but they were kings beforehand as well. While some of the other Jews could not hold themselves back from joining the Greek culture and shunned the Torah and mitzvos, the Chashmanoim were steadfast and strong. They were kings over their desires and this was the characteristic which they possessed which ultimately led them to victory.

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