Devarim - "How Can I Alone Carry Your Trouble, Your Burden, and Your Disputes?"

Parhas Devarim begins with the first of Moses' parting addresses to the Jewish people, in which he reviews their history and rebukes them - often in veiled terms - for their misdeeds. Early in the speech, Moses speaks of how he came to appoint judges over the people  (as told in Exodus 18). Here too, Moses engages in veiled rebuke. While Moses begins by stating that the reason who could not judge them alone was due to their numbers, and he blesses them that they should continue to increase, he then goes on to indicate that the need for additional judges was also due to less positive issues as well, stating (Deuteronomy 1:12):

איכה אשא לבדי טרחכם ומשאכם וריבכם:

"How can I alone carry your trouble, your burden, and your disputes?"

On a purely peshat (basic text) level, this verse could be interpreted as simply expanding on the idea that, as a numerous and growing nation, there was simply too many issues for one person, even Moses, to handle alone. However, asides from the fact that this would be repetitious, the terms used by the verse clearly carry a somewhat critical tone. In fact, Rashi, quoting the Sages (Sifri), understands these three terms to refer to veiled criticisms, and explains each in the context of Moses' role as a judge:

טרחכם. מלמד שהיו ישראל טרחנין, היה אחד מהם רואה את בעל דינו נוצח בדין, אומר יש לי עדים להביא, יש לי ראיות להביא, מוסיף אני עליכם דיינין:

ומשאכם. מלמד שהיו אפיקורסין, הקדים משה לצאת, אמרו מה ראה בן עמרם לצאת, שמא אינו שפוי בתוך ביתו, איחר לצאת, אמרו מה ראה בן עמרם שלא לצאת, מה אתם סבורים, יושב ויועץ עליכם עצות וחושב עליכם מחשבות:

וריבכם. מלמד שהיו רוגנים:

"Your trouble" - This teaches that [the children of] Israel were burdensome. If one would see that his opponent in court was winning, he would say, "I have witnesses to bring," "I have proofs to bring," "I am adding on judges to you." (See Ramban for a halachic  explanation of the latter.)

"Your burden" - This teaches that they were apikorsin (heretics). If Moses went out early [to judge cases] they would say, "Why did Ben Amram leave [home early]? Perhaps things are not going smoothly at home." If he would delay leaving [home] they would say, "What do you think? He is sitting and getting advice [from his wife (Sifri)] against you, and thinking thoughts against you."

"And your disputes" - This teaches that they were quarrelsome.

Each of these commentaries deserves extended discussion. On the most basic level, Moses was pointing out three problem areas among the Jewish people that made it particularly difficult to judge them.

The first problem was that judging cases between two Jews was exceptionally burdensome because each one was so determined to win that they would drag the case out far beyond reason and would take advantage of every possible technicality. It is important to note that Moses does not accuse them of actually engaging in any kind of dishonesty or violation of the rules but of an excessive drive to win which placed an undue burden on the judge. This behavior indicated that the litigants were motivated less by a desire for justice than by a desire to be victorious over their fellow.

The second problem was that the Jews would interpret any behavior of the judge, even outside of the court, as evidence that he was not judging their case properly. Thus, if he came early, "Uh oh! Must be problems at home! We better watch out!" And if he came late, "Uh oh! He must have been talking over the case with his wife! Who knows what she told him?"

It is significant that the Sages considered those who engaged in this behavior not simply as burdensome, but actually as apikorsim - a term usually translated as "heretics." This is because, contrary to what is commonly assumed, the category of apikoros -  "heretic" - does not refer only to one who does not accept the doctrines of Judaism, but also to one who shows disrespect for the Torah or its scholars. Maimonides writes (Commentary on the Mishna, Sanhedrin 10:1):

ומלת אפיקורוס היא ארמית, ענינה מי שמפקיר ומבזה את התורה או לומדיה, ולפיכך קורין בזה השם כל שאינו מאמין ביסודי התורה או מי שמבזה החכמים או איזה תלמיד חכם שיהיה או המבזה רבו:

The word apikoros is Aramaic, and it refers to one who devalues or disparages the Torah or those who study it. The term is therefore used for anyone who does not believe in the fundamental principles of the Torah, or one who disparages the Sages or any other Torah scholar, or one who disparages his teacher.

To disparage a Torah scholar is to disparage the Torah itself, which is the entire foundation of Judaism. Thus, these Jews who spoke disparagingly of Moses were indeed apikorsim.

The third problem was that they were quarrelsome, i.e. they would engage in unnecessary and unproductive disputes. The Sages (Sifri) describe this as, "they would spend a selah (an ancient coin) to take two selaim, and they would spend two selaim to take three selaim." At first glance this would seem perfectly reasonable, after all, you need to spend money to make money. However, the repetition - one for two, two for three - indicates that what we are talking about here is that they would spend extra money in order to make their opponent pay extra money, even though they would walk away with the same amount of profit. (ראה עמק הנצי"ב) This, like the first problem, was rooted in an inappropriate desire to be victorious over their fellow, even when they didn't stand to gain anything.

The midrash (Eicha Raba 1:1) tells us that there were three prophets who prophesied using the term "eicha," Moses (in this verse), Isaiah (1:21, which we read in the haftara for Parshas Devarim), and Jeremiah (in Eicha - Lamentations). (We have discussed this midrash previously.) This would seem to indicate that there is some continuity between the themes discussed in these verses.

While this topic deserves a fuller exploration than I'm prepared to attempt at this time, the basic idea - that these problems are closely related to the sins that led to the destruction of the Second Temple and the exile of the Jewish from their land - is fairly straightforward.

The Talmud (Bava Metzia 30b) tells us:

דאמר רבי יוחנן: לא חרבה ירושלים אלא על ... שהעמידו דיניהם על דין תורה, ולא עבדו לפנים משורת הדין.

Rabbi Yochanan said, Jerusalem was not destroyed except because they decided their cases according to Torah law, and they did not go beyond the limits of the law.

The issue that Rabbi Yochanan is describing is precisely the issue that we described above as the first and third problem that Moses was describing. We can readily see how such problems are related to the more basic issue of sinas chinam (unjustified hatred) which, the Talmud (Yoma 9b) tells us, was the primary cause of the destruction of the Second Temple.

With regard to the second problem we discussed - i.e. the disrespect for Torah scholars we also find a directly parallel statement in the Talmud (Shabbos 119b):

אמר רבי יהודה: לא חרבה ירושלים אלא בשביל שביזו בה תלמידי חכמים

Rabbi Yehuda said, Jerusalem was not destroyed except because they disparaged Torah scholars.

We see here that disrespect for Torah scholars was one of the main contributing causes of the destruction of the Temple and the exile of the Jewish people. This is closely connected to the famous Talmudic passage in Nedarim 81a that the reason the land was lost was "שלא ברכו בתורה תחילה" - "because they failed to recite the blessing on the Torah [before study]." As the commentaries (ר"ן בשם ר' יונה, ומשנה ברורה ס' מ"ז) explain that even though the Jewish people were studying Torah, they didn't properly appreciate the unique status of the Torah over and above all other wisdom. Torah that is studied without a proper appreciation of its significance is not truly Torah at all. Fundamentally, the failure to give the proper respect to Torah scholars is rooted in the failure to truly appreciate the Torah itself.

At this time of year, when we are in mourning over the destruction of our Holy Temples, it particularly appropriate for us to meditate upon the root causes of our exile, which is ultimately the root cause of all the tragedies and suffering of history. By carefully studying our own behavior and attitudes, and working to bring them in line with the teachings of the Torah, we will ultimately merit the coming of the Messiah and the rebuilding of the Holy Temple in Jerusalem. May it happen soon in our days!

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Tisha B’Av – The Ninth of Av

On the Ninth of Av it was decreed on our fathers that they would not enter the Land (of Israel) [Bamidbar 14], the Temple was destroyed the first time and the second time, Beitar (the stronghold of the Bar Kochba rebellion) was captured, and the city (of Jerusalem) was plowed under.

Talmud Taanis 4

As the anniversary of the most tragic events in Jewish history, the ninth of Av is the most important day of mourning in the Jewish year. Other than Yom Kippur, it is the only fast day in the year that lasts a full night and day. All other fasts begin in the morning and end that night. Tisha B’Av begins at sundown and continues till the following nightfall. Tisha B’Av carries several additional prohibitions that are not required by the other fasts.

Prohibitions

The following is a list of the basic prohibitions on Tisha B’Av:

• We are forbidden to eat or drink anything for the entire period. (A person who has difficulty fasting for health reasons should consult a rabbi.)
• It is forbidden to wash oneself, even just one finger. The only exception is the required washing upon rising in the morning and after using the bathroom. Even in these cases we may only wash until the knuckles. If one has soiled his hands he is permitted to clean the soiled area only.
• It is forbidden to wear leather shoes. (There is no prohibition against other leather items.)
• Marital relations are forbidden.
• With several exceptions, one may not study Torah on Tisha B’Av because the study of Torah brings joy. The exceptions are the book of Eichah (Lamentations), the book of Job, the “bad” passages in Yirmiyah (omitting the passages of consolation), and various Talmudic and Midrashic passages which deal with the destruction of the first and second Temples and with the laws of mourning. Even in these cases we are not permitted to study in depth.
• We are not permitted to greet each other on Tisha B’Av, even to say good morning. If you encounter someone who is unaware of this law and he greets you, it is best to inform him of the law (in a polite manner) so that he will not resent your non-response. If this is not possible, then one should respond in a low voice and with a somber manner.
• The night of Tisha B’Av and the following day until chatzos hayom (midday) we do not sit in a normal chair. Instead, we sit on the ground or on a low stool.
• It is best to avoid work on Tisha B’Av until chatzos hayom (midday).
• One should not go for pleasurable walks or engage in any other activity that might distract from the mourning.

The Day Before

Although the fast itself begins at sunset, certain aspects of the mourning of Tisha B’Av begin earlier. From chatzos hayom (midday) of the eighth of Av and on it is best to refrain from Torah study in the same manner that one must on Tisha B’Av itself. However, many authorities are lenient in this matter. Certainly one should not engage in frivolous activity but should prepare himself for the upcoming fast.

It is customary to eat a meal before Mincha (afternoon prayers). This meal carries no restrictions. It is customary to eat well at this meal in preparation for the fast, but care must be taken not to overeat so that one can eat the Seudah HaMafsekes comfortably.

Tachanun is not recited during Mincha.

After the Mincha prayers it is customary to eat the last meal. This meal is called the Seudah HaMafseket (Separating Meal). It is forbidden to eat more than one cooked food at this meal. (This includes any form of cooking even roasted, fried, or pickled.) Meat, wine and fish are forbidden. Intoxicating drinks should be completely avoided.

The meal is eaten sitting on the ground or a low seat. It is customary to eat a hard-boiled egg (which serves as the cooked food). It is also customary to eat a piece of bread dipped into ashes and to declare, “This is the Tisha B’Av meal.”

During the meal, three men should not sit together so that they will not have to recite the Birchas HaMazon (Grace after Meals) as a group (mezuman). If they do eat together they still do not form a group.

When the eve of Tisha B’Av falls out on Shabbat, none of these restrictions apply.

Tisha B’Av Night

All of the prohibitions of Tisha B’Av begin at sundown. It is therefore necessary to remove one’s leather shoes shortly before sundown.

It is customary to remove the paroches  (curtain) from the Aron Hakodesh (Holy Ark) in the synagogue before Maariv (evening prayers). It is also customary to reduce the lighting in the synagogue. (In many synagogues, it is customary to pray by candlelight on Tisha B'Av night.)

After Maariv is completed, the book of Eichah (Lamentations) is read aloud to the congregation. After Eichah is completed, the congregation recites Kinos, poetic prayers of lamentation.

It is proper for a person to sleep in a less comfortable manner than he is normally accustomed to. If he usually sleeps with two pillows then he should sleep with only one. Some have the custom to sleep on the ground on the night of Tisha B’Av and to rest their head on a stone.

Tisha B’Av Day

At Shacharis (morning prayers) on Tisha B’Av morning, talis and tefillin are not worn. (They are worn during Mincha instead.) The small tzitzit is still worn but no blessing is recited. Tachanun is not recited. The Torah is taken out and the portion of Deuteronomy 4:25-40 is read and the haftarah from Isaiah 8:13 - 9:23.

After the Torah reading the congregation recites Kinos. This should last until a little before chatzos hayom (midday). After Kinos the prayers are completed. Lamnatzeach and the second verse of Uvo L’Tzion (V’Ani Zot Briti…) are omitted. Some do not say Shir Shel Yom now but wait until Mincha.

It is proper for every person to read the book of Eichah again.

After chatzos hayom (midday) it is permissible to sit on an ordinary seat.

At Mincha we don talis and tefillin. The Torah is taken out and the standard portion and haftarah for fast days is read.

During the Amida (silent, standing prayer) the following prayer is inserted in the blessing of V’LeYerushalayim Ircha:

HaShem our God, console the mourners of Zion and the mourners of Jerusalem, and the city that is mournful, destroyed, shamed, and desolate. Mournful without her children, destroyed without her residences, shamed without her honor, and desolate without inhabitant. She sits with her head covered, like a barren woman who does not give birth. She has been devoured by the legions, and conquered by the worshipers of foreign powers, and they put your people, Israel, to the sword and willfully murdered the devout [servants] of the High One. Therefore Zion cries bitterly, and Jerusalem raises her voice, “My heart! My heart [aches] on the slain! My stomach! My stomach [aches] on the slain!” For You, God, with fire you burned her, and with fire you will rebuild her, as it is said, “And I will be for her, says God, a wall of fire around her, and I will be a glory within her.”(Zechariah 2:9) Blessed are You, God, Who consoles Zion and builds Jerusalem.

The Night After Tisha B’Av

Tisha B’Av ends at nightfall. Even though the fast ends that night, it is proper to not eat meat or bathe until chatzos hayom (midday) the following day. This is because the Temple continued to burn into the tenth day.

Shabbos and Tisha B’Av

When the ninth of Av falls out on Shabbos then the fast is postponed until Sunday. In such a case, while one should still abstain from meat and bathing the following night, one need not do so the next day.

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The Three Weeks

The three weeks that begin on the 17^th of Tamuz and end on Tisha B’Av are a period of mourning for the Jewish people. It was during this period that both of our Holy Temples were destroyed.

There are two periods within these three weeks. During the period beginning from 17^th of Tamuz until the end of the month of Tamuz (a period of twelve days) the mourning is not as intense. The mourning during the final nine days, beginning with the first of Av until Tisha B’Av, is intensified and many additional practices of mourning are added. (This is according to Ashkenazic practice. According to Sefardic practice, the mourning is only intensified during the actual week in which Tisha B'Av falls.)

During the first twelve days the following practices are observed:

• We do not perform weddings.
• We do not make the blessing shehechyanu. We therefore avoid purchasing or wearing new garments which require this blessing during this period.
• We do not shave or get a haircut.
• We do not listen to instrumental music.

During the final nine days we continue to follow these restrictions in addition to which we add the following practices:

• We do not eat meat or drink wine except on Shabbos.
• We do not do construction when its primary purpose is pleasure (such as building a swimming pool) or aesthetic (such as painting).
• We avoid pleasurable bathing during this period.
• We do not launder clothing during this period nor do we wear fresh clothing (except for Shabbos).
• We do not trim our fingernails during this period.

There are many leniencies that can be relied upon with regard to these restrictions in cases of significant difficulty. In any such case, one should consult a competent rabbi.

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The Interruption of the Tamid Sacrifice

One of the tragic events of the 17^th of Tamuz was the interruption of the korban tamid (the daily offering of two sheep in the Temple). There is some disagreement in the sources as to when this happened (or, more accurately, which interruption of the Tamid service is commemorated on the 17th of Tammuz). Maimonides writes that this occurred prior to the  destruction of the first Temple, when Jerusalem was under siege and they were unable to get the necessary sheep. Others say that it occurred prior to the the destruction of the second Temple. And some say that this refers to an interruption of the Tamid service that took place at an earlier part of the second Temple period, under Hasmonean rule.

In order to understand what happened at that time, we will first need to quickly review some history. At the beginning of the second Temple period, when the Jewish people returned to the land of Israel and rebuilt the Temple, they did so under Persian rule. When the Greeks, led by Alexander the Great, conquered the Persian empire, the Jewish commonwealth also came under Greek rule. After some time, the Greeks began to oppress the Jews and attempted to outlaw the observance of Judaism. The Jewish people, under the leadership of the priestly Hasmonean family, revolted against the Greeks. After their miraculous victory (celebrated on Chanukah), the Hasmonean family became the kings of the Jewish commonwealth in the land of Israel. The Hasmonean family ruled for a little more than a century, until they were displaced by Herod (with the support of the Romans). 

Although the early Hasmonean leaders were truly righteous and great men, over time their descendants were not always so good. Towards the end of the Hasmonean period, there was a struggle between two Hasmonean brothers, Hyrcanus and Aristobulus (the sons of the previous king, Alexander Jannaeus), over who should be king which eventually led to war. Hyrcanus allied himself with a non-Jewish king and made a siege on Jerusalem. (It was during this siege that the Tamid service was interrupted.) Eventually the famous Roman general, Pompey, got involved, and when all was done, the Romans had become the ruling power in Jerusalem. Thus, the struggle between Hyrcanus and Aristobulus was what first enabled the Romans to assume control over the land of Israel, which ultimately led to the destruction of the Jewish commonwealth and the second Temple.

It is is significant that the initiating event that ultimately led to the destruction of the Temple and the exile of the Jewish people was a struggle between two jealous brothers, for the Talmud (Yoma 9b) tells us that the second Temple was destroyed because of the sin of sinas chinam - unjustified hatred.  As Jews, we believe that God directs the events of history, and nothing simply happens on its own. This event was a sign, both to the people of that time and for all generations, of the inseparable connection between our relationship with God - symbolized by the Temple - and our relationship with our fellow men.

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Shiva Asar B’Tamuz – The Seventeenth of Tamuz

The Seventeenth of Tamuz is the anniversary of several tragic events in Jewish history.

1. The luchot were broken on this day when Moses came down from Sinai and found the Jews worshiping the golden calf.
2. The Tamid (daily) sacrifice was discontinued on this day. (There is some disagreement in the sources as to when this happened (or, more accurately, which interruption of the Tamid service is commemorated on the 17th of Tammuz). Maimonides writes that this occurred prior to the  destruction of the first Temple, when Jerusalem was under siege and they were unable to get the necessary sheep. Others say that it occurred prior to the the destruction of the second Temple. And some say that this refers to an interruption of the Tamid service that took place at an earlier part of the second Temple period, under Hasmonean rule.)
3. The Romans penetrated the city walls of Jerusalem on this day prior to the destruction of the second Temple.
4. An idol was erected in the Temple on this day. (There is a difference of opinion in the Talmud (Yer. Taanis 4:5) whether this is talking about the first or second Beit HaMikdash.)
5.  The Torah was burnt on this day by Apustemus, one of the Greek oppressors.

In memory of these events we are required to fast on this day to inspire ourselves to repentance.

The fast begins at the break of dawn and ends at nightfall. During this time we neither eat nor drink any food whatsoever, not even water. Even though we are, strictly speaking, permitted to bathe on this fast day (unlike Tisha B’Av and Yom Kippur) the custom is not to bathe on Shiva Asar B’Tamuz.

Pregnant or nursing women, as well as anyone else for whom fasting may be a health problem should consult with a rabbi whether they are permitted to fast. Children below the age of majority (bar or bat mitzvah) do not fast. (In some communities, it is customary for children to begin fasting a short time before they become bar/bat mitzvah.)

It is important to recognize that the primary idea behind a fast is to meditate on the fact that these sufferings came upon us because the sins of our ancestors, sins which we continue to commit, and that we must repent. Someone who fasts but spends the day in frivolous activity has completely missed the point.

The fast of Shiva Asar B’Tamuz marks the beginning of a three-week period of national mourning for the Jews that is completed on TishaB’Av, the ninth of Av.

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