Rabbi Moshe Menachem Liberman
In this week's parsha we see how Yaakov Avinu employed a three-pronged
strategy in preparation for the confrontation with his brother
Esav: battle, prayer, and tribute.
At the conclusion of his prayer Yaakov says
as follows, "And
You had said, 'I will surely do good with you, and I will make
your offspring like the sand of the sea which is too numerous to
count (Bereishis,32,13).'"
Rashi notes that although Hashem had directly
promised Yaakov, "and
your offspring will be as the dust of the earth," Hashem had
made the aforementioned promise to his grandfather Avraham in reference
to Yaakov. Why did Yaakov refer to the promise made to Avraham
rather than to the promise made directly to him?
Another peculiarity is that at the beginning
of Yaakov's prayer he says, "Rescue me, please, from the
hand of my brother, from the hand of Esav, for I fear him lest
he come and strike me down, mother and children."
Why did Yaakov Avinu have to pray specifically
for salvation "from
the hand of Esav"? He had already asked for salvation "from
the hand of my brother," and he only had one brother so either
part of the prayer should have sufficed.
Reb Yoshe Ber Soloveitchick, the Beis HaLevi, explains that Yaakov's
prayer was twofold. Firstly, he requested salvation from the hand
of Esav, who still harbored hatred and desired to kill him. And
secondly, he prayed for salvation from the hand of his brother,
who might demonstrate brotherly love and cause Yaakov to become
enamored with him, but ultimately, Yaakov would be in danger of
falling victim to the negative influences of Esav's culture.
This insight sheds light on Yaakov Avinu's
decision to utilize Hashem's promise to his grandfather Avraham
Avinu in his prayer. Yaakov Avinu viewed that promise as a dual
one: a promise of quantity, "I
will make your offspring too numerous to count," and a promise
of quality, "I will make your offspring as the sand of the
sea."
Day after day, week after week, the waves of the sea pound against
the sand that contains them, yet the sand remains unchanged. The
water has no impact on the sand, but dust, on the other hand, turns
immediately into mud when it comes in contact with water.
Therefore, Yaakov Avinu referred to the promise Hashem made to
Avraham Avinu in praying that the offspring of Avraham possess
the quality of sand so that they will be able to withstand the
negative influences of Esav's culture.
May Hashem continue to protect us from the
hands of our "brothers" and
from the hands of the descendants of Esav.
Rabbi Liberman, an alumuns
of the Kollel, learns daily with the Kollel Boker program.
Halacha Encounters
It's
That Time of Year
Some Halachos pertaining to interacting with non-Jews
on their Holidays
Rabbi Moshe Rosenstein
Yaakov Avinu tells Eisav in this
week's Parsha, “ Im
Lavan garti , I have been living with Lavan.” Chazal
tell us what he was really saying was, “ …viTaryag
Mitzvos shamarti , [and even so,] I kept all 613
mitzvos.” We too spend our lives living in a society
and culture that is alien to the ideals and morals that
Torah represents and we too try out hardest to be able
to say vitaryag mitzvos shamarti . At no time
of year is it more apparent that we are living in a community
that is not strictly our own as it is this time of year,
the “Holiday Season.” One cannot do anything from shopping
to going to work without the “themes” of the season being
apparent from all sides. As it has become the custom
in their culture to give each other gifts at this time
of year, many of us find ourselves in the situation that
we too need to be involved in the exchanging of gifts
with our non-Jewish employers, employees or associates.
In this week's Halacha Encounters we will examine some
of the halachos related to the giving of gifts to Gentiles,
particularly during this time of year.
Giving “Holiday” Gifts
In olden times when the Gentiles were assumed to be actual
idol worshippers, it was forbidden to give a gift to them
on their holidays (or three days prior as well). The reason
for this prohibition was that they would, as a result,
thank their gods. Since Gentiles are bound by the Seven
Mitzvos B'nei Noach, including the prohibition to recognize
or serve other gods, the Jewish gift-giver would have thereofre
violated the prohibition of lifnei ivier lo sitein
michshol , not placing a stubling block infront of
another person. The poskim point out that nowadays
this problem is less prevelant and it is therefore permissible
to give gifts, although it is preferable to give the gift
somewhat before the actual day of the religious observance.
1 If, however, one was not able to give the gift earlier,
it is better to give it on the actual day than to give
it later, as this may be insulting to the recipient and
cause animosity. 2 If one includes a card, one should not
mention the actual name of the holiday on the card 3 but
should rather write “season's greetings” or the like. 4
Giving a Gift of Non-Kosher Food
There is a general prohibition against doing business
with food that is not kosher. 5 According to many poskim ,
this prohibition is Biblically prohibited. 6 In general,
this prohibition includes raising, buying and selling or
most other forms of profiting from dealings with non-kosher
food products. 7 The poskim also address giving
non-kosher foodstuffs as gifts. The Beis Yosef rules that
one may not give non-kosher products as gifts either. Since
the purpose of a gift is really to strengthen one's relationship
with the recipient (especially when it comes to a business
associate), this is akin to a business deal and is therefore
included in the prohibition. 8
Some poskim mention that if one is giving the
gift strictly out of fear of repercussions, then it is
permissible as this can not be considered a “business deal.” 9
However, under other, normal circumstances, it would not
be permissible to give a non-kosher gift (for example,
a gift basket with treif food in it or the like) to clients,
secretaries, co-workers or other business associates.
Exceptions to the Rule
There are however, several criteria and exceptions to
the prohibition of doing business with non-kosher food
products.
1 – Issurei diRabonnon. The prohibition
applies only to food items that are prohibited from the
Torah. 10 Any food that is only Rabbinically prohibited
is permissible. Therefore items commonly found in gift
baskets (or the like) may not be subject to this prohibition
at all. Items like wine, liquor or chocolate may very well
only be prohibited midiRabonnon . Certainly, however,
most meat or cheese products as well as caviar from non-kosher
fish are, in fact, assur min haTorah and would
therefore be subject to the prohibition. If one is purchasing
a gift basket that contains many items, one must be sure
to ascertain that there are no issurei Torah contained
in it.
2 – If the Jew received the basket as a gift. The
prohibition of doing business with non-kosher food only
applies if one set out initially to deal with the treif
food; if one went out to buy the food with the intention
of reselling it or giving it as a gift. 11 Food that one
receives “by chance” is not subject to the prohibition
and one may therefore sell it or give it away. There are
several common scenarios where this dispensation will apply.
If one receives a free sample in the mail of non-kosher
food or a voucher for a meal in a restaurant, one would
be permitted to give it away to a non-Jewish neighbor or
housekeeper. Likewise, if one received a gift basket or
the like that contains non-kosher food in it, one would
be permitted to give that basket (or any of the
non-kosher food contained in it) to a non-Jewish neighbor,
associate, worker or housekeeper. 12
3 – If the gift is going to an employee. Some poskim permit
the giving of non-kosher food to employees. They contend
that this is not called “doing business” with the food
but rather “using” the food. 13 This leniency is the subject
of a dispute amongst the poskim and it is therefore
questionable if one should rely on it limaaseh .
14
4 – If the gift is coming from a group. If
a group of non-Jewish employees are pooling their funds
together to purchase a gift for their employer, it may
be permissible for a Jew to contribute as well. 15 This
too is questionable and one should be sure to clarify the
Halacha before agreeing to participate.
These are the basic guidelines concerning how and when
it is permissible to give a gift to Gentile associates.
As always, one should consult their Rav for a final Halachic
ruling on these matters. BE”H we should be zocheh to
make a Kiddush Sheim Shamayim and be able to say next year “ B'America
garti v'Taryag Mitzvos shamarti. ”
______________________________
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