[Don’t forget to see the Halacha
Encounters below!]
Derech
Eretz
is a most fascinating Torah concept. It is the Midda that obligates
one to act in a manner which will cause both Hashem and
people to "like me". Where does this midda of Derech
Eretz fit into our decision making process?
We usually think of Derech Eretz as a "nice way
to act, if I can work it out." When we decide how
to act, we consider the Halachos (Torah Laws) which seem to apply
to that situation. We make a determination as to what we think
Hashem is telling us to do. If we can also manage to handle the
situation with Derech Eretz, we make an effort to do so.
If Derech Eretz would interfere with our handling
the situation in a "religious manner," we often omit
the Derech Eretz. Our paramount concern is to act in a
"religious" manner. We do not consider Derech Eretz
to be a factor that should affect our initial decision as to how
we ought to act.
To even suggest that Derech Eretz is a Chiyuv D'Oraysah
- a Torah obligation that must be considered in the halachic
determination of how to act, sounds like a gross over-exaggeration
of its place in Halacha. If someone were to suggest that Derech
Eretz is a Mitzva D'Oraysah [a Torah obligation], which
must be considered in "poskining" how to act,
we would probably think him seriously mistaken.
A careful analysis of Yaakov Avinu's actions during his encounter
with Esav suggests that Derech Eretz might be a much greater obligation
than we think.
After Yaakov and Esav met, Esav asked Yaakov if they could
travel together. Esav assured Yaakov that he would slow down
his pace of travel to a speed at which Yaakov would find comfortable.
Yaakov explained to Esav that if they were to travel together,
there would be a problem. Yaakov was afraid that he [Yaakov]
might push his children to travel more quickly so as not to delay
Esav in his travels. Yaakov was concerned that his children were
so weak that if he pushed them to travel too quickly, they might
die. [Beraishis 33:13 "And Yaakov said to Esav, 'My master
[Esav] knows that the children are weak...’"]
The Ralbag explains that Yaakov felt obligated to push
his children to travel faster because of "mussar."
Yaakov felt that Derech Eretz would obligate him to push
his children to travel faster in order to accommodate Esav's desire
to travel more quickly.
Yaakov's attitude is very difficult to understand. Why would
Yaakov even consider pushing his weak children to
travel too fast? Because of Derech Eretz? How could Yaakov
even consider endangering the health of his children in
order to act with Derech Eretz towards Esav?
Obviously, Yaakov would never knowingly push his weak
children too hard... to travel too fast... Yaakov
would never even negligently push his weak children too
hard... to travel too fast... Yaakov was very sensitive
to his responsibilities toward his children! So why was Yaakov
concerned that his obligation to act with Derech Eretz
might perhaps cause him to travel too quickly?
Yaakov must have been telling Esav that he was concerned that
he/Yaakov might err in judging how hard he could safely
push his children, and perhaps - in his effort to act with Derech
Eretz towards Esav - he might push his children slightly too
hard.
This approach, however, begs a question: Yaakov was known for
his Midda of Emes/Truthfulness. Yaakov had a keen sensitivity
for looking at a situation in a most honest manner. How
could the great Tzaddik Yaakov, famous for his Midda of Emes/Truthfulness,
end up erring in judging how hard to push his family? Why would
Yaakov even take a chance with the lives of his children?
Shouldn't Yaakov be "machmir" to protect his children's
health?
From Yaakov's concern, we see that Derech Eretz towards Esav
was such a strong moral imperative that it would require
Yaakov to push his children as much as possible within
the limits of "safe-travel". Yaakov was not allowed
to be "machmir" to push his children gently in order
to avoid the challenge of traveling as fast as possible without
going too fast.
The Ralbag is telling us that Yaakov was obligated to
consider Derech Eretz as an obligation which was so strong
that Yaakov was not allowed to be extra careful - "machmir"
- with his responsibility to care for his children at the expense
of this Derech Eretz.
By studying this basic concept of Torah conduct, and implementing
it in our dealings with others, we can achieve a true "mentchlichkeit",
and transform our lives into a beautiful "Kiddush Hashem".
The
ideas in this article were originally developed by Rabbi Henach
Leibowitz, Rosh Yeshiva of Chofetz Chaim in New York.
Rabbi Zuckerman
is a rebbe at Arie Crown Hebrew Day School and learns mornings
in the Kollel Boker.
Halacha Encounters
Using Non-Kosher Oil for the
Chanukah Menorah
Rabbi Ari Friedman
With the Yom Tov of Chanukah approaching, many of us are beginning
to prepare ourselves for the mitzvah of lighting the Menorah.
Some of us will certainly strive to perform this mitzvah as the
Rema recommends, using olive oil, as was used in the Menorah in
the Bais Hamikdash (O.C. 673).
Questions always come up regarding the kashrus of olive oil.
May non-kosher olive oil be used? (“Non-kosher” in this regard
would refer to oil which had significant amounts of a non-kosher
substance mixed into the oil.) Should one suspect that not all
oils are kosher or may we rely on the claim of 100% pure olive
oil printed on the label?
The question as to whether or not non-kosher oil may be used
is actually divided into two categories.
1) Oil that is non-kosher due to some
non-kosher substance mixed in with the oil.
2) Oil which became assur B’hana’ah
– forbidden to us to derive any benefit from.
As for oil which is simply not kosher, some poskim actually
forbid its use for the Menorah. Their reasoning is based on the
rule that for “Meleches Shamayim” – the service of Hashem
– only kosher animals may be used. Examples of this rule are the
materials used in the building of the Mishkan and the leather
used to make Tefillin (see Shabbos 28a). These poskim
view this rule as one which applies to all areas of mitzvah observance
and thus rule that even for Ner Chanukah, which is a Mitzvah
D’Rabanan, only kosher oil is permitted. (Rav Shlomo Kluger
in Shnos Chaim). The majority of the poskim however, reject
this view, maintaining that the necessity for kosher sources for
Meleches Shamayim only applies to mitzvos which have an
aspect of Kedushah, such as Tefillin. Other mitzvos
such as menorah, which do not fall under this category, may be
performed with non-kosher sources (Teshuvos Chasam Sofer
O.C. 39, Noda B’Yehuda Tinyana 3, and others).
The second category of non-kosher oil, oil that became Assur
B’hana’ah, presents other problems. The actual prohibition
of deriving benefit from the oil does not apply to use of the
oil for mitzvah observance, due to the concept of Mitzvos Lav
Lehenos Nitnu – mitzvah observance is the service of Hashem
and is not considered to be for personal benefit. However, there
is a concept in the Gemora known as “Ketutei Michtat Shiura”
– the view of Chazal that isurei hana’ah are worthless
and almost non-existent, to the extent that the oil may not be
considered to be containing a proper shiur (requisite amount
for the performance of the mitzvah). Based on this concept one
may argue that since Ner Chanukah requires a minimum shiur,
such oil may not be used (Sha’arei Teshuva 676). Others
argue that for the shiur of Ner Chanukah, all that
is important is that the flame burns for the required amount of
time. The fact that the oil may be considered insignificant is
irrelevant (Teshuvos Maharam Shick O.C. 14; see
also Sdei Chemed: Chanukah 14).
As for the practical halacha, isurei hana’ah
may not be used, while regular non-kosher oil may be used (Iggeros
Moshe 1:191; Minchas Yitzchok 7:47). It should be noted
that the Maharsham (Teshuvos 9:39) felt that those
who wish to fulfill the mitzvah with a hiddur (in the most
enhanced fashion) should try to use kosher oil.
Regarding our oil today, it has been determined by Rabbi Fishbane
of the CRC that one does not have to suspect that any isurei
hana’ah were mixed into the olive oil.
Non-certified
regular oil - Due
to the possible presence of non-kosher substances, non-certified
olive oils should be considered as “non-kosher” oil discussed
above.
Non-certified
virgin oil - Due
to its purity, virgin olive oil does not present any problems
at all and may be purchased and used for hadlokas Ner Chanukah
without a hechsher (kosher certification).
Rabbi
Friedman learns full time in the Kollel and is a frequent contributor
to Halacha Encounters.