SHEMINI: Should Jews Be Vegan?

In this week’s Parasha, the Tora introduces us to the diet of the Jewish people, Kashrut. This diet does not necessarily have to do with physical wellness, like a low-carb diet or other diets we follow today. Kashrut has to do explicitly with a “special” behavior”, or Qedusha (holiness) that HaShem demands from us. As the Tora itself tells us in Vayqra (11:44): “For I am HaShem, your God. You must purify yourselves and be Holy, because I am Holy. Do not impurify yourself with [impure = Non Kosher] animals …. But how is holiness related to a diet or to a specific kind of animal? Regardless of the reason why certain animals are permitted and others are not allowed (which should be the subject of a different conversation) the fact that certain foods are permitted, and other food are forbidden to train us to reach Qedusha.

In the Tora, holiness, or in Hebrew Qedusha, has to do with self-control and discipline. Especially in those areas of human behavior related to the satisfaction of primary instincts. Particularly with regard to what we consume and with the area of ​​sexuality. When we exercise our free will, we develop this “power” to control our impulses, which sets us apart from animals. Living beings, except for humans, cannot attain any Qedusha because they are “natural” beings. And as part of their nature, they cannot control, and “say NO”, to their primary impulses. Thanks to the fact that we think with words –and we grasp reality linguistically– we humans  “have room for possible responses when we are driven by an instinct”. We possess freedom of choice or “response” -“ability”.  Qedusha is reached when we practice a behavior that positions us on a level above nature, and closer to HaShem. On this subject, the Gemara in Pesachim (49b) says something very interesting. Not all people have the right to eat meat. There is a category of individuals who, according to Ribbi Yehuda haNasi, should not  consume meat. רבי אומר: עם הארץ אסור לאכול בשר. “An uneducated person cannot consume meat.” In this context, “Uneducated” refers to a person with no discipline or self-control. A person incapable of saying NO to his or her impulses.  These individuals are not granted the right to eat meat, because they are not on a level above the animals.

We, Jews, train ourselves to self-control from a very young age. I remember once, at a Bar Mitzva party, a non-Jewish gentleman approached me and congratulated me for one of my children. This is more or less what he told me: “Rabbi, how do you do it? What did you do to educate a 5-year-old child to have self-discipline? I have 3 children, one of that age. And the truth is that I cannot deal with their appetites. Children today are voracious consumers, trained by modern society to consume everything that presents itself before their insatiable eyes … Your child, however, is different. I just offered him some candy. He took it and thanked me. But, to my surprise, before putting the candy in his mouth, he went to ask his older brother if he could eat it… So tell me: What is your secret? What gift did you promise your children if they do not eat candy? Did you threaten them with some harsh punishment? ”  I replied that there were no rewards or threats. And that my son is not the only child with this level of self-discipline. Actually,  any Jewish child whose family observes the laws of Kashrut, has that same level of self-control. I also confessed (and as I said it, I surprised myself to hear it) that I never had to explain to my children the laws of Kashrut. They learned from imitating what they saw from their parents and siblings.

The Tora which teaches us to reach a level of discipline that elevates us over nature and over our instincts.



PEQUDE: Being Honest and Looking Honest

ואת האלף ושבע המאות וחמישה ושבעים עשָה ווים לעמודים
 

ABOVE SUSPICION? 

This week we continue reading about the construction of the Mishkan, the Tabernacle or Temple, which the people of Israel erected in the desert. The construction of the Mishkan involved raising of funds that were generously and spontaneously donated by the Israelites . The donations consisted of: fabrics, furs, woods and especially precious stone and metals. The amount donated by the people was enough to build the Mishkan. And then, there was also a surplus! Moshe was the general administrator of these funds. And although Moshe Rabbenu was the humblest of all men, and at the same time the only human being who “spoke” to God, some people from that difficult generation suggested that Moshe might have kept for himself some public funds… When Moshe heard these unfounded rumors he said, according to the Midrash: “When the construction of the Mishkan is completed, I will give an exact report of everything that was collected and everything that was spent in the Mishkan.” And this is how our Parasha begins: “El-le pequde haMishkan … “which means: “This is the report of [all that was used ror the building of] the Mishkan.”

Moshe’s account was very detailed and thorough. He gave a very precise number of everything that was used. In an emblematic pasuq, that shows the precsion of the report,  the Tora says: “And with the 1775 pieces of silver he made the nails of the columns”, this were the nails or hooks that held the curtains of the Mishkan.

 

HONEST REPORT

What happened with Moshe was very painful. In fact, it was the first time that public funds were collected and administered in the history of the Jewish people. But this lamentable episode, people questioning the integrity of  community leaders,  was taken since then as a guideline to be followed by any Jewish leader who manages or has access to public funds: it is not enough to proceed with integrity; one must also do everything in his or her power to avoid arousing any suspicion of mishandling public funds. In the words of our Sages: והייתם נקיים מה ‘ומישראל “One must not just “be” honest, but also “look” honest in the eyes of the people of Israel”.  The Gemara bring several examples of the leaders who had access to public funds and the way they behaved.

 

 

GARMU & SONS

The Garmu family was in charge of preparing the lechem hapanim in the Bet haMiqdash. This bread, 12 large loaves that were placed on a special table, had to be prepared with extra fine white flour, and with a “secret” formula, since it had to stay fresh for a week, and  these loaves could not contain yeast. The secret recipe was kept very discreetly by this family, Garmu,  who transmitted the formula of the preparation of this bread from generation to generation. Now, the Garmu family had a very special habit, which they also kept for generations. In their homes they never made bread with fine flour. The bread of the Garmu was made with whole flour, considered then as of lower category, used by poor people. Why they did not use fine flour fror their own bread? To avoid any suspicions that they are using the flour of the lechem hapanim for their own private consumption.

 

ABTINAS & SONS

There was another  important family in Yerushalayim: the Abtinas. They were in charge of preparing the qetoret, the incense that was used in the Bet HaMiqdash. They also had a secret professional formula to prepare the qetoret (ma’ase roqeach). For example: Although we know the exact ingredients and quantities used for the qetoret, there was a mysterious little plant called ma’ale ‘ashan. And a minimal quantity of this plant would made the qetoret smoke rise vertically, instead of expanding, which was ritually required. Only this family knew how to identify this plant that had this effect on the qetoret, and kept their secret from generation to generation. The Abtinas family also had a very healthy habit: the women of that family never used perfumes!  In those days, perfumes were made with the same elements used for the qetoret. And the family Abtinas did not want anyone to suspect that they had used any of the ingredients of the qetoret to make their own perfumes. Thins, when young women got engaged to a member of the Abtinas family, they had to promise that they will never use any perfume, to avoid any suspicion on misusing public funds.



PEQUDE: Love is in the details

 

וַיֹּאמְרוּ אֶל מֹשֶׁה לֵּאמֹר מַרְבִּים הָעָם לְהָבִיא מִדֵּי הָעֲבֹדָה לַמְּלָאכָה

Perhpas late… but not too late….

I think it was when I had my third child that I learned one of the most valuable lessons in the education of the little ones: how to “read” their drawings. All children draw. Without exception, our children need us to appreciate and admire their art. Mainly when the artwork is dedicated to us: parents! Nobody taught me how to read and admire a drawing… and before I learned this valuable lesson, all I did, intuitively,  was look at the drawing for a few seconds and say: “What a beautiful drawing!” or “What a work of art!” and that’s it. A short phrase with enthusiasm – sometimes deliberately overenthusiastic – was my way of showing admiration for my children’s drawings.

Then, I learned that this was not enough. The art that our children dedicate to us must be “read and appreciated” carefully, looking at the details as we comment on them aloud, following with our index all the minor details we find. “How many windows this house has?  And the curtains…they are so beautiful!  What are they made of? Velvet? This door is very similar to our door! And you also draw the Mezuza!!!  What a lovely tree! And those beautiful red fruits, what are they? They look like yummy apples … What a beautiful chimney. How many bricks does it have? Let’s cunt them … one, two, three, four, … and the smoke: it reaches the clouds. “

 

By commenting on the details we identify in the drawing, we recreate the drawing process of the young artists for our little ones. And the more details we can identify, the less indifferent we will be to our children’s work of art, and the more love we will transmit to them. Because, as someone very intelligently said: “The opposite of love is not hatred but indifference“. The less indifference, the more the love. Understood?

If we learn this great lesson in “parenting,” we will better understand this week’s Parasha.

The text of the Tora that we will be reading tomorrow can become frustrating if we do not have this idea in mind. Because the Tora repeats too many details about the Mishkan (the Tabernacle), and as some commentators indicated, it would have been sufficient for the Tora to describe the whole process with two lines: “And the children of Israel built the Mishkan, just as God had ordered it.”  Why was it necessary to abound in so much detail?  Unless we understand that the Mishkan was to our Creator what our children’s drawing is to us  …

What was the Mishkan?  The Mishkan (literally: “residence” or “house”) was the Sanctuary that we Jews dedicated to HaShem. A meeting point between us and Him. A residence that permanently reminded us of the presence of God among us.  Similar to what a Synagogue represents today. The Mishkan was built by “volunteers,” not by slaves. And there were no forced taxes imposed on the people. The materials came from voluntary donations by ordinary Israelites in the desert. It was an act of love from the people of Israel to the Creator, who rescued them from slavery.  And these innumerable demonstrations of our affection did not go unnoticed by the Creator.

The Tora expresses God’s appreciation for the love we Jews showed in building the Mishkan by mentioning every object, artifact, and material used to build this “House,” like a parent who looks carefully and lovingly at his child’s drawing and enthusiastically mentions each one of its little details.



VAYAQHEL: Shabbat, From Fire To Cellphones

לא תבערו אש בכל מושבותיכם ביום השבת

WHAT CANNOT BE DONE ON SHABBAT?
There are 39 categories of prohibited activities on Shabbat. These activities are called in Hebrew melachot or in the singular melacha. Melachot are not necessarily lucrative jobs or activities that require physical exertion, as is popularly believed. God did not “work” during the 6 days of creation, but he created with his word. And on the seventh day the Creator did not rest but “finished” the creation of him. Melachot are actually creative tasks or activities (מלאכת מחשבת) and interestingly, many are related to what we do in our residences after daily work: for example, cooking, sewing, writing, painting, etc.
One of the 39 melachos, perhaps the best known, is mentioned in this week’s Perashah (Shemot 35:3):
“You shall not light any fire, in all your residences, on the Sabbath day.”
What is special about this task or melacha is that it was explicitly mentioned in the Torah, while all the other melachos are deduced directly or indirectly from the activities carried out for the construction of the Mishkan, the Temple or Tabernacle that was built in the desert: to build the Tabernacle
Each of these melachot is considered a “category” of activity (אבות). But on Shabbat derivatives or extensions of each of these categories are also prohibited. This means that the melachot are not limited to a specific task, but include other activities similar in essence to that category.

WRITING and its EXTENSIONS
Let’s give a simple example. One of the 39 categories is “to write” (hakoteb). In the construction of the Mihshkan, letters were written on the wooden beams to mark their location in the “skeleton” construction of the Mishkan. The Talmudic tradition includes in the category of writing other derivative or similar activities, for example, drawing or sealing (using a seal with ink), etc. Now, based on this principle, that the melachos also include their derivatives, the contemporary rabbis understood that the melacha of “writing” must also be extended today to: printing, typing on a keyboard, writing a text message, using the method speech-text, etc (that is, apart from the topic of electricity). With the clarification that some of these “new” prohibitions will be considered rabbinic and not biblical. Now that we have perhaps better understood the concept of extensions of a melachah, we can better understand why turning on a light or activating an electrical device is considered an extension of the biblical prohibition against lighting a fire.

A FIRE WITHOUT FLAME
Fire is one of the most important agents when it comes to modifying or improving something. Metals are modified by fire; food is prepared using fire; cold is fought with fire. Using the same principle of fire, that is to say heat and energy, modern man invented machines activated and moved by steam, coal, fuels and in our days: electricity. But are these modern forms of energy similar to lighting a fire? The question becomes more visual when we understand that unlike lighting a fire, modern energy sources don’t always produce heat or visible energy, or a flame, or a spark, or anything like that. Should we then include the activation of a non-visible form of energy within the category of “lighting a fire”?

 
FIRE and ELECTRICITY
Although contemporary Rabbis dispute the halakhic nature of these activities (Biblical, Rabbinical, Hab’ara, Beniya, etc.) there is a Rabbinical consensus about the prohibition of the activation of any form of electrical energy on Shabbat. This consideration is based on the fact that in the Gemara (5th century of the common era) a very interesting case was discussed: what happens if a metal bar is heated, which will then be used, for example, to boil water? The rabbis of that time understood that although it is not fire itself, and obviously there is no visible flame, that hot metal rod acts in the same way as fire, as a source of energy, and therefore 1500 years ago back they determined that such a hot metal should be considered under the category of “fire” on Shabbat (See Masechet Shabbat 41a).

Based on this consideration and other Talmudic sources that define a hot metal or a source of energy as “fire”, Maimonides (1135-1204) stated: “He who heats a metal rod to temper the water in it has violated the prohibition biblical way of lighting a fire” (MT, Shabbat 12:1). This metal  is definitely considered an extension of the “fire” melakha, even though it does not produce a flame. Therefore, the use of a car, appliance, cell phone, or any other electronic device also falls under the primary category of “lighting a fire” and is not permitted on Shabbat.

 
 
Rabbi David Tzvi Hoffman states that (Exodus 35:3) “You shall not light a fire in any of your residences on the day of Shabbat” describes the prohibition against creating fire of any sort. “Current flowing through a filament and causing it to glow creates fire despite the absence of a ‘flame’ and regardless of whether that which is on fire is or is not consumed… Based on the position of Rambam, which most commentaries accept, the overwhelming majority conclude that turning on an electric light on Shabbat violates the biblical prohibition of lighting a flame.”
 
REFORM JEWS vs. RABBI SAADIA GAON
In the time of the haskala (European illuminism, middle of 19th century) many reform Jews argued that the reason the Tora banned lighting a fire was because in Mosaic times lighting a fire represented an exhausting work: fire was started with stones in a lengthy and tiring process. And that is why it was forbidden to light a fire on the day of rest. And this is why, the first reformers reasoned, it should be permitted today, when we can ignite a fire with a simple match. 
 
Jewish tradition, however, never identified melakhot with prohibitions associated with physical effort or with the idea of  physical rest. On the contrary: Jewsih law says that if you live in the 12th floor of an apartment building, you should walk up the stairs, which obviously implies a big physical effort, instead of using the elevator, which will definitely increase your state of restfulness.    
 
It is the nature of the action or task, especially its connection with the idea of “creating something”, what defines an activity as a melakha, not the physical effort that it demands.   
 
Rabbi Sa’adia Gaon’s (882-942) referred to this idea, ironically, when writing about “lighting a fire”. 
When he translated to Arabic the pasuq “Do not light a fire in your residences on the day of Shabbat” (Shemot 35:3) he wrote “Do not even light a fire on Shabbat… “. Why did he say “even”? Because, hab’ara (the word the Tora used for “lighting” the fire) does not mean “igniting”, starting a fire from nothing. It means: transferring a fire from an existing source of fire. And transferring a fire, is possibly the easiest conceivable melakha, the epitome of an effortless and a minimal creative activity. 
 
In his opinion, the Tora singled out “hab’ara” to convey precisely that even an effortless, but minimally creative act, is still forbidden on Shabbat.
 


VAYAQHEL: Can You Stop Thinking About Money?

It is impossible and even inadvisable not to think about money when one lacks the essentials—food, warmth, shelter from the rain, or access to medicine.

But what happens when a person already has enough to cover his or her basic needs and still can’t stop thinking about money—because they want more?

Most people reading these lines on their computers or phones live in a historically privileged society, as described in Superabundance—a book I consider required reading to appreciate that we live in an incredibly generous reality.

In times of superabundance, our relationship with material things can become complicated. If we suffer from the syndrome of King Achashverosh, we’ll find it impossible to feel satisfied, even when nothing is lacking. Whether consciously or not, having more—and showing that we have more than our neighbor—becomes normalized as a need.

We’ve grown so used to this accumulation mentality that it has become part of our lifestyle. And even when we wish to disconnect mentally from work and money, we often find ourselves unable to do so.

Our Parasha, Vayaqhel, addresses this issue subtly yet unmistakably. The verse introducing Shabbat resembles the one from the Ten Commandments: “For six days you shall work…” (ta’ase melakha).

But our Parasha introduces a subtle yet beautiful difference: by modifying just a vowel, the text shifts into the passive voice: “For six days, work shall be done” (te’ase melakha)—as if to say, it is done, finished, completed, there is nothing else for you to do. When you enter Shabbat mode, you must assume and feel your work has been taken care of—and you must stop thinking about it.

Abstaining from financial worry is one of the most elevated forms of spirituality: the ability to focus on what transcends this world and outlives earthly life. As Borges writes in Seven Nights, after our 120 years in this world, one of the most painful experiences in the Olam HaBa will be longing for material needs. That is why we need to train ourselves to mentally disconnect from work and money, at least during Shabbat—which is me’en Olam HaBa, a sample of the World to Come.



KI TISA: How Many Days Was Moses in Mount Sinai?

The giving of the Torah took place on the sixth day of Sivan, at Ma‘amad Har Sinai, the extraordinary event when the covenant between God and the people of Israel was forged. During the following forty days, Moses remained on Mount Sinai. Exodus 24:18 states: “Moses entered the cloud, went up on the mountain, and stayed there for forty days and forty nights.” Debarim 9:9 also describes this period: “I went up on the mountain to receive the tablets of stone, the tablets of the covenant that the Lord had made with you, and I stayed on the mountain forty days and forty nights. I ate no bread and drank no water.”

According to the traditional chronology, this period began the day after the giving of the Torah, on the 7th of Sivan, and ended on the 16th of Tamuz. The following day, Moses descended from the mountain with the Tablets of the Covenant. Debarim 9:11 states: “At the end of the forty days and forty nights, HaShem gave me the two stone tablets, the tablets of the covenant.” By that time, however, the people of Israel had already made the Golden Calf, which had been completed the day before, on the 16th of Tamuz.

Exodus 32:5 describes the moment: “When Aaron saw this, he built an altar before it and proclaimed, ‘Tomorrow shall be a festival to HaShem.’” When Moses descended from the mountain on the 17th of Tamuz and saw the calf and the dancing, he broke the Tablets of the Covenant. This event is one of the reasons why we mourn this date every year.

After destroying and burning the Golden Calf, Moses prayed and pleaded before HaShem for forty days and forty nights on behalf of the people of Israel. This period began on the 18th of Tamuz and ended on the 28th of Av. Debarim 9:18 describes this time: “Then once again I fell prostrate before HaShem for forty days and forty nights; I ate no bread and drank no water, because of all the sin you had committed, doing what was evil in HaShem’s sight and so provoking His anger.”

Moses then ascended Mount Sinai once again to receive the second tablets of the Covenant. This third period began the day after the previous one—on the 29th of Av—and lasted forty days, until the 9th of Tishri, the day before Yom Kippur. This final ascent was a time of divine compassion and forgiveness, as described in Debarim chapter 10.

These dates are traditionally understood as a period of teshuva, a time of human repentance and divine forgiveness. For this reason, Jewish tradition associates this season with repentance, beginning in the month of Elul, when we begin reciting Selichot and listening to the shofar, calling us to return to God.

At the end of this period, Moses descended from Mount Sinai with the second Tablets of the Covenant on the 10th of Tishri—the day we commemorate as Yom Kippur, the day of forgiveness.



KI TISSA: If you could ask God one question, what would it be?

THE GOLDEN CALF AND YOM KIPPUR

This week’s Perasha, KI TISA addresses several issues. Among them, the episode of the golden calf. The people, impatient at the absence of Moshe for 40 days, think that Moshe is dead and decide to replace Moshe with a calf that will lead them in the desert to reach the promised land. Of course this episode represented a most serious betrayal of HaShem and a return of the people of Israel to the most primitive forms of idolatry. HaShem tells Moshe that He wishes to eliminate the Jewish people and make Moshe the leader of a new one. Moshe intercedes, prays for the Israelites, defends them and tells HaShem that He will also have to eliminate him. At the end, on the day of Kippur (10 of Tishri), HaShem accepts the Tefila of Moshe, and HaShem decides to forgive the people of Israel.

NUMBER ONE QUESTION

Then something else happened at that same event. After HaShem forgives the people of Israel, a “conversation” takes place between God and Moshe.  God revelation to the prophets, including Moses, had always been a one way street, never a conversation: God communicates the Prophet a message, a vision. But this unique time Moshe initiates the dialogue and he asks God a question: “הראני נא את כבודך”, “Please, show me Your Glory”. The rabbis struggled to explain what was the meaning of Moshe’s question to God.  The Sages, famously explained that Moshe was asking God a very poignant question: “Why bad things happen to good people?” למה צדיק ורע לו

If God is Almighty and Good, why does He allow the righteous people to suffer? For the man of faith, this is probably the toughest question .

If you do a brief Google search, as I did, and you write: “What would you ask God if you could ask Him anything?”

The number ONE question is ”Why is there so much suffering in the world? Why God does not prevent evil and suffering? “. 

It seems that Moshe —or the Sages on Moshe’s behalf— was in a sense representing humanity in this matter. 

THE TAPESTRY

Judaism is unique in recognizing that this question does NOT have a clear answer for mankind.  But the Tora reveals to us, somehow, why we cannot get a response.

God’s way in administrating His justice surpasses our human intellectual capabilities. The Tora uses some sophisticated words to convey this impossibility: וראית את אחורי ופני לא יראו. “And you shall see My back, but My front shall not be seen.” 

We will never be able to perceive the “front” of Divine justice, i.e., reality as God sees it.  We will be limited to perceiving “the back” of His intervention in this world.

The best example I can offer to understand these words is, ironically, a visual example: that of a tapestry. When you see the front of a tapestry, you see a beautiful, harmonious, and intelligent design. HaShem’s ways to administer His justice is like the front of a tapestry: flawless. But when you look at the back of a tapestry, the design vanishes. You only see what seems to be “random” threads, lines, knots, and loops and a chaotic mixture of colors. 

We, human beings, are restricted, for example, by the limited time of our short lives and by the space of our physical dimension to fathom God’s ways; we just perceive a zigzagging fabric, which does not make much sense. No matter how much we will try, we will not be able to see God’s side: the front of the tapestry.

 



MISHPATIM: The Rights Of A Jewish Wife

The Ketuba, the Jewish marriage document,  states the obligations of the husband towards his wife (see more here). The groom declares to his bride that he is taking her formally as his wife “according to the law of Moses and Israel”, implying that he accepts all the responsibilities of a Jewish husband.

In our week’s Parsaha Mishpatim, the Tora established the three main duties of the husband towards his wife.

1. she-erah: to provide his wife with sustenance
2. kesutah: to supply her clothing and lodging
3. ‘onatah: to be intimate with her

1. She-erah. The first responsibility of the husband is to maintain his wife financially. This is the first of the three duties stated in the Tora (Exodus 21:10). In the language of the rabbis, is called “mezonot” (food, i.e., alimony/aliment= food).

A few illustrations from Maimonides, based on the ancient traditions brought by the Talmud

MT, Ishut 12:10-11: The husband is obligated to supply food for his wife and children, according to his material means. A husband who is poor should provide only two meals a day, and a wealthy husband should provide nutritious foods (meat, fish, or whatever is the local custom) to his wife (and household every day.

MT, Ishut 12:16-17: If a husband leaves his home for a business trip overseas (in ancient days people would travel overseas for months or years, with virtually no possibility of communication) and the wife is left with no means to obtain food, the rabbinical court might seize and sell the husband’s assets to provide food for his wife and children, provided that at least three months have passed since the husband left. It was assumed that thoughtful husbands would leave sustenance for their families for at least 90 days.

2. Kesutah. Literally means “her clothing”. The Jewish husband is obligated to provide his wife with appropriate clothing, bedding, furniture and a place of residence.

Illustrations:

Clothes: The husband has to supply his wife with appropriate clothing for each season of the year. Regarding the quality of this provision, the rule is that the husband must provide his wife with a level of clothing according to: a) what the husband can afford, b) the local custom, e.g., the social needs of a woman who lives in a farm are not the same as the needs of a woman who lives in a city (Maimonides, MT ishut 13:2). This category also includes the husband’s obligation to provide his wife with non-essential items (13:4) such as jewelry, cosmetics, etc. at a level which results from the balance between the husband’s financial possibilities and the wife’s social needs (=local custom).

Place of residence: The place of residence  is sometimes predetermined and written in the Ketuba, if husband and wife agreed upon it in advance. If the husband wishes to change the agreed upon place of residence, the wife is expected to move with him. Some exceptions are: 1. A disreputable neighborhood (13:15). The wife can refuse to move into a neighborhood that is considered violent or corrupt. 2. Israel: if the couple lives in Israel, the wife can refuse to move out of Israel, or if they live in Jerusalem, she can refuse to leave Jerusalem. (13:19-20).

3. ‘Onatah. In Biblical Law, conjugal rights are explicitly granted to the wife. The Tora indicates in Exodus 21:10 that the husband “must not deprive his wife from her food, her clothing and her marital rights”. In the words of Maimonides, a husband’s consistent refusal to engage in sexual relations, deliberately or maliciously, is considered a transgression of a Biblical prohibition, and the woman has legal grounds to ask for her divorce, claiming the full amount of the financial compensations established in the Ketuba. This does not apply, however, in health-related cases. (Maimonides MT, ishut 14:7). The Talmud also discusses the expected frequency of the husband’s marital duties based on the husband’s occupation (14:1).

Although not based on a specific Biblical statement, the wife is also expected to fulfill her conjugal duties. A wife who without a justified reason or maliciously (kede letsa’aro) constantly denies from her husband his conjugal rights, is called a rebellious wife (moredet) and, in case of divorce, she is not entitled to the compensations established in the Ketuba (14:9).

It is important to clarify that the primary purpose of Mitsvat ‘ona is to reinforce the loving bond between husband and wife, so that the husband never neglects attention to his wife. In a separate Mitsva, the Tora indicates the commandment of having children (peru urbu). This Mitsva, ‘ona, intimacy (the Hebrew euphemism for intimacy literally says: “spending time with her”) is independent of the intention of procreation. Thus, even when conception is not possible, such as during pregnancy or when the woman is under a permissible form of birth control, or when the wife is no longer able to bear children, the couple is still expected to maintain an active married life.



MISHPATIM: When And How Did Judaism Begin?

ויקח ספר הברית ויקרא באזני העם ויאמרו כל אשר דבר ה’ נעשה ונשמע

Exodus 24:7

THE BERIT

Three thousand five hundred years ago, the people of Israel experienced the most crucial event in human history: a covenant, a formal pact between a Nation and God. These events, which took place in Sinai, are known in Hebrew as “Ma’amad Har Sinai,” the revelation of God to the Jewish people in Mount Sinai.

What happened in this event can be described in three acts.

הצעת הברית 1. HaShem offered us to become his chosen people by establishing a covenant with Him. We accepted. God promised to adopt us as His “treasured” people, ‘am segula (see here).

מתן תורה 2. God gave us the Tora, the “document” that contains the guidelines and conditions of the Covenant between God and Israel.

קבלת התורה 3. The Jewish people agreed to abide by the laws of the Tora. From then on, we adopted the Tora as our national law or constitution.

 

This Covenant between God and a people is unique in mankind’s history and is described in detail in chapters 20 and 24 of the book Shemot (Exodus).

 

הצעת הברית

THE PROPOSAL 

On the first day of the month of Sivan, Moshe ascended to Mount Sinai. He received a Divine message (Exodus 19: 3-6): “You shall speak to the house of Ya’aqob and tell the children of Israel: ‘You have seen what I did to the Egyptians [the ten plagues, etc.], and [you have also seen] how I led you [=protecting you] like an eagle [that carries its chicks] on its wings, and I have brought you to Me. And now, if you [are willing to] obey My voice and to fulfill My Covenant, you will become a precious possession for Me [segula] among all nations, a unique people. You will become for Me a Kingdom of Priests and a consecrated nation [to serve me]. “

God offered to establish a covenant between Him and the people of Israel. God offered to make Israel a nation of priests (cohanim), a people consecrated to God., by serving God, learning and teaching His Laws, and thus giving a living testimony of His existence, Presence, and revealed will. The condition of being a Nation of Priests implies the privilege of God’s closeness: a closer Divine attention. On the other hand, this privilege demands a higher standard of morality, many obligations to fulfill, and precepts to follow.

THE ENGAGEMENT

Then Moshe came down from Mount Sinai and presented the terms of the Covenant to the people of Israel. The people listened to the proposal and agreed to enter into a covenant with God by declaring with one voice: (Exodus 19: 8) “We are willing to do all that HaShem has said.” However, this was NOT the final acceptance of the Covenant, but the acceptance of the proposal to enter a covenant, exactly like “an engagement” in the framework of a wedding. In a regular engagement ceremony, the bride and the groom agree to get married. Similarly, the people of Israel here declare their willingness to enter the Covenant. This declaration will be repeated after people listen to the Ten Commandments and the Mishpatim. And then, a third time when the Jews verbalize their final consent: “Yes, we do”, by saying the famous words: “Everything God has said, we will do, and we will listen”, after that third and final declaration the “marriage”, our Covenant with God, “Judaism”, formally began.

PREPARATIONS FOR THE GREATEST DAY

Going back to the people of Israel expressing their first commitment to enter into a Pact with God, HaShem announced that He would reveal Himself to the entire nation within three days, that is, on Shabu’ot. God told Moshe (Exodus 19: 10-12): “Go and consecrate the people today and tomorrow. Tell them to purify themselves, to wash their clothes, and to prepare for the third day because on that day, I will descend on Mount Sinai in full view of the people. ” According to our Sages, the purification and washing of the clothes mentioned in this verse refers to the immersion in a Mikve, the Jewish ritual bath (same as a bride before the wedding). The children of Israel purified themselves during those three days (3, 4, and 5 of Sivan). They were ready to enter a Covenant with God the following day.

 

מתן תורה

THE TERMS OF THE COVENANT

In this Covenant, God offered to take the people of Israel as HIS people. This means that He will directly supervise the people of Israel. He will not allow the people of Israel to disappear. And He will never cancel or modify this Covenant, nor the condition of Israel as the chosen nation. The people of Israel committed to being governed by the Divine Law, the Tora. HaShem will be Israel’s King. Israel will be a Nation of Priests, a people consecrated to God’s service. The Jewish people are also the “privileged” direct witnesses of God’s existence since they witnessed His revelation in Mount Sinai. The terms of this Covenant, which are not few, are detailed extensively in the Tora, the five books of Moshe, and are organized into 613 precepts. 

 

THE NIGHT OF THE COVENANT

On the night of the 6th of Sivan (between the 5th and the 6th of Sivan), the covenant ceremony continued with God announcing the 10 Commandments. God began to enunciate directly, and without the mediation of Moses, the first two Commandments. The Tora tells us that the people could not tolerate (mentally? or physically?) the impact of the Divine Revelation. God does not speak with a voice produced by vocal cords. The Divine “voice” is indescribable. The Tora expressed this unique experience with a very singular (poetic?) phrase: “and the people ‘saw’ the voices “…. They saw the “words”, probably in their mind, when HaShem was speaking to them. The Sages explain that the experience of God’s Revelation was so intense that those present felt they would die. This experience is part of the Jewish genetic memory, shaping our character and values and strengthening our belief in God.

 

AT THE PEOPLE’S REQUEST

After listening to the second commandment, the Jews asked Moshe to meditate to transmit the rest of the commandments. That same night, after hearing all these precepts (Exodus 21-23), the people declared for the second time their willingness to celebrate the Covenant and to commit themselves to obey the laws that were presented up to that moment. This is what the Tora says (Exodus 24: 3): “Moshe … transmitted all the words of God and all the laws to the people. The people answered with one voice: All that HaShem said was we would fulfill. “ Moshe remained awake all that night and wrote what God had conveyed to him in a document that the Tora suggestively calls: Sefer HaBerit, the book of the Covenant.

 

קבלת התורה

THE DAY OF THE COVENANT

The following day, the 6th of Sivan at dawn, Moshe erected an altar, representing the Divine Presence, and 12 pillars, representing the twelve tribes of Israel. Then, he sent the young people to offer sacrifices. Moshe took the blood of the sacrifices and divided it into two. He poured the first half into the receptacles of the 12 pillars and the other half into the altar. The Tora describes the ceremony of the formal celebration of the Covenant (Exodus 24: 7): “Then Moshe took the book of the Covenant and read it in the ears of the people. And the people declared: “Everything that HaShem has said, we will do and obey.” This means that the people agreed to obey everything they had already heard and committed to accepting all the other laws and guidelines they would listen to in the future. Then Moshe took the blood of the sacrifices and sprinkled it on the altar, which represents the Divine Presence, and on the pillars that represent the people. Moshe said then (24: 8): “This is the blood of the Covenant that HaShem established with all of you; (the Covenant) which consists of all these words (laws, which you have heard). “

With this formal ceremony, we established our eternal Covenant with God, committing ourselves to obeying the Laws of God, the Tora, and our Nation’s Constitution.



YITRO : Why Did Israel Deserve To Receive The Tora?

MOSHE’S HUMILITY

After their liberation from their Egyptian masters, the people of Israel faced several challenges: lack of water, food shortages, and, worst of all, a war: Amaleq’s attack. Of course, HaShem was with Israel, gave them water and food, and helped them to defeat Amaleq.

In this week’s Parasha, Yitro, there is an EXTRAORDINARY Pasuq (biblical verse) that, when read carefully, shows us one of the most wonderful qualities of our people. A virtue that might have contributed to our merit of receiving the Tora.

וישב משה לשפט את העם ויעמד העם על משה מן הבקר עד הערב

“And Moshe sat down to judge the people, and the people waited [to see] Moshe from morning till night “(Shemot 18:13)

Moshe judges the people, as an arbitrator or as a mediator, from morning till night. Then Yitro arrives and tells Moshe that he is not acting well and must delegate and assign more judges and minor courts. Moshe accepts the advice of his father-in-law and acts upon it.  And if we stop to examine these words a little more carefully, we will discover something wonderful that will reveal to us the true character of Am Israel.

NO LAW, NO ORDER
In the history of mankind, many slaves rebelled against their owners and escaped into freedom. In the days of the Roman Empire (70 BCE), for example, the great gladiator Spartacus led the rebellion that allowed some 70,000 slaves to free themselves from Rome. But once they were free, the slaves “among themselves”, behaved with anarchy. The rebellion of Spartacus failed because there was no internal discipline. Everything was chaos, and the law of the jungle prevailed. With no Law and Order the rebellion collapsed.
Now let’s see again what our pasuq says. Just a few days ago the Hebrew slaves obtained their freedom. We are not talking about 100, 1,000 or 70,000 people. Counting women, the elderly and children, it is estimated that there were at least 3 million individuals. “Chaos” and “anarchy” was expected and predictable.
THE BEGINNING OF CIVILIZATION?
However, the individuals of the people of Israel decided to resolve their disputes and problems “among themselves” in an incredibly advanced and civilized way: they came to Moshe Rabbenu for mediation! Imagine two neighbors, two physically strong slaves, used to the violence of slavery and to solve their differences with their fists. The two neighbors have a problem: “This chicken is mine!” says one. “No, it is mine,” says the other one. Usually, in a society without law and order, the chicken will remain in the hands of the strongest! But incredibly, spontaneously and without Divine Instruction (there is no report of a Divine command as to how the people should resolve their internal conflicts), these slaves decided to settle their disputes in another way: waiting patiently in line, from early in the morning, for Moshe’s arbitration.
This might be the most relevant Pasuq of the Tora in regard to the exceptional virtues of the people of Israel.
THE BEST KEPT SECRET VERSE
And it leaves me thinking: So far, the Tora mentioned that HaShem was going to deliver Israel from Egypt; to take Israel as His people, and bring them to their ancestors’ land. But the Tora did not mention anything about HaShem giving them a Law…
Is this Pasuq hinting that Israel took the first step toward deserving the most extraordinary code of laws, the Tora, the law that comes directly from HaShem?
Something to think about