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The 39 Melachos

Introduction Borer is without doubt one of the hardest, most complicated and most challenging Melachos. Also, unlike other Melachos, confrontation with Borer is virtually unavoidable. For these reasons, Borer will be divided into three parts, this week dealing with the basic definition and Halachos of Borer.

hand, different sized spoons are considered two types. So what classifies items as part of the same type? The Poskim refer to two principles by which types are classified: 1. Taam- taste. Taste is a distinguishing feature and quality in any food. Therefore, two foods having markedly different flavours are considered distinctively different and therefore of two different types. Even if two foods look and feel identical, if the taste is different, they are considered different types. Shem- name/function. The word Shem literally means name but in the context of Borer, it refers to the defining characteristics of an item. An item is chiefly characterised by its function. Therefore, if two items are distinguishable from each other due to their differing functions, they are considered to be two completely different types. Shem, unlike Taam, applies to foods and non-foods. With regards to food, even if two different types of food taste alike, if they are used for different purposes they are considered two different types (e.g. a mixture of kosher sweets and non-kosher sweets). The principle of Shem is vital for distinguishing between different kinds of inedible objects as the principle of Taam is obviously not applicable. Under this principle, objects are considered different if they have different purposes (e.g. different seforim; assorted laundry; milky and meaty cutlery and black and white chess pieces).

In the Mishkan Sorting is a vital part of the agricultural process which was necessary in the Mishkan, according to Rashi and many other Poskim, for producing certain herbs and seeds. These were then used in the making of dyes needed to colour tapestries in the Mishkan. Rav Hai Gaon holds that agricul- 2. ture was needed to produce wheat for the Lechem Hapanim. Mixtures Borer can be defined simply as sorting from a mixture of two or more types of food or items. However, the different objects must be Halachically mixed in order for Borer to apply. Objects are considered mixed if they are mingled, attached or absorbed. Mingled is defined as a mixture which is randomly mixed so that the individual items are difficult to identify without separating them individually (e.g. mixed silverware in a cutlery rack). Attached is when an object is embedded in another object (e.g. bones in chicken). Absorbed is when there are thin particles of solids mixed into liquids (e.g. tiny pieces of matzah in soup). Food and objects are not considered mixed if they arent mingled, attached or absorbed. Different Types Mixtures (which are Halachically mixed) can also exist when there is variety of different items that may be Halachically classified as the same type, however, Borer only applies when the mixture contains different types of foods or objects. For example, if chocolate cake was cut into uneven slices, selecting a larger slice from the smaller ones is permissible as they are considered the same type. On the other

9th October 2013

This Shabbos, Daily Nach will be up to Tehillim Perokim 66-67 Email or visit for more information.
Dvar Torah

Issue No: 445 Shabbos In: 4:05 Shabbos Out: 5:13 Sof Zman Krias Shema: 9:26

Yaakov was exemplary in his devotion to Torah study. At the age of 63, instead of travelling immediately to Lavan's house to seek a wife, he first stopped at a yeshiva to study Torah for 14 years. At yeshiva, he didn't sleep a single night as he was completely engrossed in the in-depth study of Torah (Rashi 28:11). Upon arriving at the house of Lavan, he agreed to work for seven years in order to marry Rachel. At the end of that period, Lavan tricked him into marrying Leah instead.

driver to turn around and return to his house. His driver couldn't imagine what he had forgotten that could possibly be so critical, but he immediately returned to Rav Aharon's home. The driver offered to run inside to fetch whatever was forgotten, but Rav Aharon insisted that he would go to the house himself. The curious driver followed to observe what was so important and was astonished to observe Rav Aharon tell his wife "Goodbye, and have a wonderful day," and return to the car. Rav Aharon explained that every day he bade farewell to his wife before leaving. That day he had accidentally forgotten, and he didn't want to hurt his wife's feelings. Only after using up the time to return home and personally say goodbye was he able to proceed to the yeshiva to give his lecture.

In addition, size can also define the type of an item but only where the size is a critical factor in the function of the item. For example, shirts of drastically different sizes in a laundry bag have different purposes as the various shirts will not all fit the same people. Therefore, the they are considered two types.

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When Yaakov confronted him about the trickery, Lavan proposed that he would allow Yaakov to marry Rachel on condition that he agreed to work for an additional seven years. Rashi writes that whereas the first time Yaakov was required to work all seven years before the wedding, this time Lavan allowed him to marry Rachel immediately, after which time he was to complete his In light of this story, we can appreciate the answer, obligation by working for seven years (29:30). given by Rabbi Dovid Feinstein, to our question. AltAs it was Lavan who had intentionally deceived him hough Yaakov wasn't legally required to do so, had he and reneged on their original agreement, why did in fact departed prematurely, Leah would have been Yaakov remain to work for Lavan for an additional devastated. She would have felt that her husband seven years? Yaakov committed himself to work for viewed his beloved Rachel as being worth seven years seven years to marry Rachel, and he had fulfilled this of work, but not her. Even though the extra seven obligation. As he never agreed to work for an years of work came at the expense of Yaakov's ability additional seven years to marry Leah, why did he do so to study Torah and to escape the evil influences of Lavan, it was worth seven full years of spiritual sacriinstead of returning to Canaan to study Torah? fice to avoid hurting the feelings of his wife Leah. The The following story will help answer the question. Mishnah (Avos 3:17) teaches that without proper Rabbi Aharon Kotler was legendary for his devotion to character traits and sensitivity to others, there can be studying and teaching Torah. Once, shortly after no Torah study, a lesson we should learn from the leaving his home on his way to yeshiva, he asked his actions of Yaakov and Rav Aharon.

Tannaic Story

Dvar Torah

Rabi Nachum became known as Nachum Ish Gam Zu because one of his servants. Your Majesty, he offered, maybe this even when something bad would befall him he would never- sand is the kind that the ancestor of the Jews, Abraham, used theless say Gam zu letovah This too is for the good. to defeat his enemies in war? It has been told that Abraham threw handfuls of sand and straw against his enemies; the sand At the time, the Jews in Eretz Yisrael discovered that the Roturned into swords and the straw that turned into arrows. mans were considering passing a new law which would have Would it not be advisable to test this sand that the Jews sent disastrous effects on Yiddishkeit. In an attempt to prevent the you? law being passed, they decided to send a beautiful present to the Roman Emperor to make him more hospitable and sympa- At the time, the Romans were attempting unsuccessfully to thetic towards the Jews. They all agreed that the ideal man to crush a rebellion so the Emperor agreed to test the sand to try present the gift to the Emperor would be Nachum Ish Gam Zu. and win the war. Indeed, as Eliyahu had predicted, the sand transformed itself into arrows and the Romans quashed the Nachum set out for Rome, carrying a beautiful box filled with rebellion with ease. precious gems and pearls. However, prior to reaching Rome, Nachum stopped over to spend the night at an inn. During the The Emperor now realised his error and immediately ordered night, two thieves sneaked into the room and stole all the Nachum to be released and brought to him. He apologised and precious contents of the box. In its place they filled the box offered to comply with any of Nachums wishes. Nachum with sand. pleaded for the Emperor to withdraw the law which would cause so much damage to the Jews and the Emperor readily The following day, oblivious to the robbery, Nachum arrived at granted his request. In addition, Nachum was sent off with the royal palace, informing the Emperor that he had come as grandeur and gifts. Before he arrived back in Eretz Yisroel, he an emissary from the Jews, offering the Emperor a valuable gift stopped over at the inn and told the innkeeper the miracle. The and bearing the good wishes of his fellow people. He handed innkeeper related the tale to his sons, who happened to be over the box only for the Emperor to open the box and discovthose very thieves. The sons then went off to the Emperor, er a pile of sand. The Emperor was furious with the bewildered using the same dust, in the hope that the Emperor would also Nachum, ordering his guards to hurl him into a cell to await shower them with treasures. execution. This time however no miracle occurred and the sons were Yet Nachum did not lose faith and merely said Gam Zu Letopromptly executed. When word of these events got back to vah. Meanwhile, Eliyahu HaNavi appeared to the Emperor as Nachuml he simply replied Gam Zu Letovah.

In this weeks Parsha, Yaakov had to flee from the anger of his brother, Esav, who wanted to kill him. On his journey to Padan Aram, where his uncle and family lived, Yaakov slept in the place where Shlomo Hamelech would one day build the Beis Hamikdash. There he had the famous dream of the angels ascending and descending the ladder. The Zohar says that this ladder is symbolic of Tefilah. Just like the ladder connected the material earth to the spiritual heavens, so too, Tefilah is a means of connecting us to Hashem. After he awoke from his sleep, Yaakov made a declaration establishing the bond between another version of these two worlds. One world is that of his own personal material success. The other is holiness. These two worlds seem to be complete opposites! How could Yaakov connect them? The answer lies in the oath Yaakov later on made to Hashem. He promised to give Hashem a tenth of all that Hashem gave him, Maaser. By giving a proportion of his income

to charity, Yaakov was ensuring that all his physical possessions were tinged with holiness and the two worlds, the physical and the spiritual, the heaven and the earth, were joined. Later on, the Pasuk says, And Yaakov awakened from his sleep, and he said, Indeed, the Lord is in this place, and I did not know it. Rashi explains that Yaakov said, If I were to have realized that Hashem had placed His Shechina on this place, I would never have slept here. Rabbi Yosef Hurwitz of Nevardok elucidates that Yaakov was fleeing for his life from Esav. He was penniless and destitute and begged to Hashem for just the basic necessities of food to eat and clothing to wear. Hashem appeared to him in a dream and gave him a guarantee that He would watch over him. When Yaakov awoke, his initial reaction could easily have been one of extreme joy and gratitude for this promise. However, what was Yaakov's initial thought? He rebuked himself for sleeping at a sacred site.

Q) In a situation where one does not have a Siddur, is it preferable for him to use his phone or rather simply daven from nothing? Eli Rubenstein A) In a normal situation it is far from ideal to use a phone as a Siddur, as it can easily disturb your concentration. However, in the case that there is no other alternative but

to use a phone, you can do so. At the same time each person is different, if someone knows he will not be able to daven with the right concentration, it is better not to do so. Hasmonean Beis Rabbi
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Riddle: In which specific case in which one must either commit a negative commandment which will incur Malkus, or one which will incur death, is it better to commit the one which will incur death? Answer in next weeks Living Torah Last weeks riddle: Where in davening do we say 24 words in a row which end in the letter chaf? Answer: In Kiddush Levana we say the pasuk Baruch Yotzraych, Baruch Osaych, Baruch Kohnaych, Baruch Bohraych three times