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Weekly Torah Email
Dec. 31, 2009
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A Thought On Parshas Vayechi
 
"...va'ha'alisem es atzmosai mi'zeh..."
"...and you will carry my remains up away from here..." (50:25)

 
Yakov prepares to die and instructs his family to bring his body to the Holy Land for burial.
 
The Rambam (Hilchos Melachim 5:11) cites a rabbinic source that "anyone living in Israel has his sins forgiven; even someone who strolls there merits eternal life; one buried there will attain atonement as if he established a shrine there." The Rambam adds that even though there is no comparing one who is buried there to one who actually resided in the land, our great sages from around the globe strived for burial in Israel as we learn from Yakov and from the righteous Yosef.
 
There is a tradition that when the Rambam died in Egypt, both the Jews and the Egyptians cried for three days and commemorated the anniversary of his death. It took a week for word to reach Alexandria and an additional day before Jerusalem learned of his passing. The Jews of Jerusalem gathered for a massive eulogy and declared a public fast day. The Biblical passage of bleak tochacha in parshas Bechukosai was read and a special haftarah was read from the book of Shmuel lamenting the loss of the Sacred Ark.
 
The coffin bearing his body was brought towards eretz Yisroel but the entourage was attacked by marauders. Fearing for their lives, the funeral party left the coffin in the sand and fled. This incited the thugs who then attempted to lift the coffin and ravage it. They were, however, unable to open or move it despite the efforts of some thirty ruffians. They backed away in fear and realized that there was a great and pious person within. They actually went after the fleeing Jews and pledged that they would allow them safe passage and would even escort them to wherever they had intended to bury the Rambam.
 
Popular accounts have it that he was finally buried in Tevaria where one can visit his grave today. There is another version which relates that the Rambam was actually interred along with the Patriarchs in Chevron.  His fervent vision was fulfilled for he merited burial in Israel.
 
* * * * *
 
The Rosh notes that at the Song of the Yam Suf (Az Yashir), we praise HaShem for His  "stretching forth Your might and making the land swallow the Egyptians" (Shmos 15:12). He writes that he once heard an explanation on how some of those pursuing soldiers merited an actual burial in the sea bed as opposed to the fate of others who pursued us, as depicted in the Shira. The interpretation which the Rosh had heard stated that those particular Egyptian men had been the ones who had accompanied the burial entourage of Yakov (Bereishis 50:7).
 
The trip they had made to escort Yakov to Israel helped facilitate a sacred act, that of his burial in the Holy Land. HaShem does not  withhold compensation from those who have earned it.  Although those soldiers later engaged in other acts which were antagonistic to us, and they sought to slaughter and drown us in the sea, they nonetheless had a merit. For having assured that Yakov reach his final resting place, they too were given a resting place.
 
May we recognize the vast importance of kedushas Eretz Yisroel and uphold it always. May we merit the wonder of residing there in this lifetime!
 
Good Shabbos. D Fox
Reader's Question:
 
I learned today in halachos of Aninus and Aveilus that a Kohen may only become tamei for one of his 7 deceased direct relatives if the body is whole and intact. 
 
Does this restriction apply to a relative who had during his life an surgery that resulted in removing an organ like appendix, a tooth, or a sinew removed, or say some cosmetic surgery was performed?
 
 
Answer:
 
You are correct, that a Kohen may only handle the body of one of his 7 relatives (His father, mother,son, daughter, wife, paternal brother, and paternal sister who was never married) when the body is whole. According to one opinion in the Shulchan Aruch, organs that were missing while the person was alive, are not a problem, and the body is still considered whole.(See Shulcan Aruch  Yoreh Deah Siman 373:9).
 
According to Rav Moshe Feinstein Zatzal (Igros Moshe Yoreh Deah Vol. 1 Siman 251) only missing organs that are evident on the outside of the body would proclude a Kohen from  touching the body of the relative, but internal blemishes (such as the examples you gave) are not a problem.
 
Of course, for Halacha L'Ma'aseh a Rav should be consulted.
 
 
Reader's Question:
 
If one had to Daven over Shmoneh Esrei because they forgot Yaleh V'Yavo [or any other insertion that needed to be said] do you count the extra 19 brochos towards the count of the 100 Brachos that need to be said each day?

 
Answer:
 
The second, valid , Shemona Esrei is definitely counted. The question is if the original Shemona Esrei is counted.
 
The Poskim debate this.
 
They base it on the machlokes (which we recently discussed) if  one omitted something from Shemona Esrei and thus needs Tashlumin, is the Tashlumin coming to  give him just the part he missed, or is the whole Shemona Esrei invalid, and thus the Tashlumin is necessary for the entire Shemona Esrei.
 
If its like the first opinion, then the first Shemona Esrei was valid as far as the 100 brachos are concerned. If it's like the second opinion that the entire Shemona Esrei was invalid, most likely those Brachos will not count toward the 100.
 
The Chazon Ish  was said to have ruled that indeed a shemona esrei that needed to be repeated was still counted toward the 100 brachos. (brought in Ma'aseh Ish page 88)
 
(See Shu"t Eretz Tzvi Vol. 1 Siman 23 for more on this topic)
 
reprinted with permission from Halachafortoday.com 
 
 A Torah a Minute
 
If there are (10 or more) individuals who finished their silent 'Amidah very fast, they may not start the repetition of the 'Amidah but must wait for the rest of the congregation. 
 
This is probably the origin of the custom of waiting for the Hakham of the congregation before starting the repetition. However, the Rabbi should not draw out his prayer unnecessarily or, if he does, he should give instructions to the congregation not to wait for him. 
 
 
In a case where there is no Rabbi present at the Minyan, or he has instructed them not to wait for him, the question is, when the Hazzan finishes his silent 'Amidah, can he begin the Hazarah right away, or does he need to wait for those who are taking a long time to finish their silent 'Amidah? 
 
 
The answer is, if the people are taking an extraordinary amount of time in reading their silent 'Amidah with great intent, then he does not need to wait. However, let's say that the Hazzan finished fairly fast and that there are many there, who are reading the 'Amidah silently, quietly, word by word, not rushing, but not taking and extraordinary amount of time reading it. In such a case, the Hazzan must wait for those who are reading it word by word, to finish. 
 
 
(See Ben Ish Hai, 1st year, Parashath Terumah, 10. Kaf Hahayim 124: 3 Oth 12.)
 
 
reprinted with permission from A Torah Minute.Com