Ki Savo
Rabbi Reisman – Parshas Ki Savo 5782
1 – Topic – An idea regarding the Am Segulah and Am Kadosh
As we prepare for Shabbos Parshas Ki Savo which of course means that we are coming very close to Rosh Hashana, to the Yom Hadin. Coming very close to the point where reading the Tochacha will be meaningful B’ezras Hashem to us on this coming Shabbos.
I would like to talk about a few Nekudos on the Parsha and let me start with 26:17 & 18 and we have a very unique exchange. It says (אֶת-יְרוָר הֶאֱמַרְתָּ, הַיּוֹם: לִהְיוֹת לְךָ לֵאלֹרים). The Jewish people have spoken about Hashem to be to us (לֵאלֹרים). The Gemara says where did the Jews say it? By (שְׁמַע יִשרָאֵל ר' אֱלרינוּ ר' אֶחָד). ( וַירוָר הֶאֱמִירְךָ הַיּוֹם, לִהְיוֹת לוֹ לְעַם סְגֻלָּה). HKB”H said about you two things, (לִהְיוֹת לוֹ לְעַם סְגֻלָּה), you are going to be a chosen people, and then the following Posuk (וְלִהְיֹתְךָ עַם-קָדֹשׁ לַירוָר אֱלֹריךָ) to be a holy people to HKB”H your G-d. Where did HKB”H say this about the Jewish people?
Rashi brings the two things, in Posuk 18 Hashem said you will be an Am Segulah, where is that? Rashi brings from Parshas Yisro in 19:5 (וִהְיִיתֶם לִי סְגֻלָּה) which is when they came to Har Sinai. Where did HKB”H say that you are going to be a (עַם-קָדֹשׁ לַירוָר אֱלֹריךָ, כַּאֲשֶׁר דִּבֵּר)? Rashi says that it says in Vayikra 20:26 (וִהְיִיתֶם לִי קְדֹשִׁים) in Parshas Kedoshim. What could be Shver about these Rashis? It is a very simple 2 three word Rashi. Hashem said you will be an Am Segulah in Yisro when He said (וִהְיִיתֶם לִי סְגֻלָּה) and Hashem said you will be an Am Kadosh by (וִהְיִיתֶם לִי קְדֹשִׁים).
In the Sefer Davar Tov he asks the following extraordinary Kasha. He says that it says that HKB”H says about the Jews that you will be an Am Segulah and you will be a Goy Kadosh. Hold on a second. In Parshas Yisro (וִהְיִיתֶם לִי סְגֻלָּה) that is where it says you will be a Segulah. But there it also says that you will be to me a (מַמְלֶכֶת כֹּהֲנִים, וְגוֹי קָדוֹשׁ) in 19:6. It says there in Yisro in the same Parsha also that Klal Yisrael will be a Holy People. So the question is, if in this Parsha, Parshas Ki Savo it says that Hashem said about the Jewish people you will be an Am Segulah and a Goy Kadosh, why say Am Segulah in Parshas Yisro and Goy Kadosh in (וִהְיִיתֶם לִי קְדֹשִׁים). No! Both should be in Parshas Yisro. In Parshas Yisro it says both, it says (וִהְיִיתֶם לִי סְגֻלָּה) and (מַמְלֶכֶת כֹּהֲנִים, וְגוֹי קָדוֹשׁ). Extraordinary Kasha.
Enfert the Sefer Davar Tov, it is important to realize there are two ways to be a Goy Kadosh. There is to be a Goy Kasdosh with what Chazal say His’ararusa D’li’aila, G-d’s love for the Jewish people and he says you will be to me (מַמְלֶכֶת כֹּהֲנִים, וְגוֹי קָדוֹשׁ). That is HKB”H’s gift to Klal Yisrael. There is a second Goy Kadosh. (קְדֹשִׁים תִּהְיוּ). The Chiyuv in Parshas Kedoshim that Hashem said (וִהְיִיתֶם לִי קְדֹשִׁים). It is a different Kedoshim. Here we are talking about a Kedoshim that is what, that comes from us. To say that HKB”H chooses Klal Yisrael to be an Am Segulah, to be a chosen people and we respond by trying to be a Goy Kadosh, that is a statement. But to say that HKB”H is giving us the gift of Am Segulah and the gift of being a Goy Kadosh, Klal Yisrael says no. We are going to respond to (וִהְיִיתֶם לִי סְגֻלָּה) by trying to be the (קְדֹשִׁים תִּהְיוּ), the holy people of (וִהְיִיתֶם לִי קְדֹשִׁים).
It is a very important message. When a person recognizes the uniqueness of Klal Yisrael. It comes the Yomim Noraim, it comes the Yom Hadin, I feel like saying to the Ribbono Shel Olam, HKB”H look at Your Jewish people. I am in a Shul with people Davening, pouring out their hearts. 2,000 years ago we left Eretz Yisrael. 2,000 years ago we were thrown out into this Galus. 2,000 years later, in a chain of generations that goes through all over the world, all the continents of the world, all the countries of the world. We go from one place to the other. When Klal Yisrael had the Churban, no one dreamt that there is an America on the other side of the world. Here we are going from one place to the other and calling out to you Ribbono Shel Olam. HKB”H, it is built in the (וִהְיִיתֶם לִי סְגֻלָּה). HKB”H where is there an Am Echad like Klal Yisrael. What is the response to that feeling? It is an important feeling to have. A pride in Klal Yisrael. What is the response to that?
The response to that is (וְאַתֶּם תִּהְיוּ-לִי מַמְלֶכֶת כֹּהֲנִים, וְגוֹי קָדוֹשׁ) that HKB”H considers us holy? No! The response to that is (וִהְיִיתֶם לִי קְדֹשִׁים). HKB”H, the response to the unique relationship with HKB”H is to feel a sense of Kedusha. That is what it means. The Posuk says, (אֶת-יְרוָר הֶאֱמַרְתָּ, הַיּוֹם: לִהְיוֹת לְךָ לֵאלֹרים) and then (וַירוָר הֶאֱמִירְךָ הַיּוֹם, לִהְיוֹת לוֹ לְעַם סְגֻלָּה). You recognize HKB”H as (ר' אֶחָד) and HKB”H looks at you, Klal Yisrael as a very unique people, and that is a call to a sense of Kedusha.
2 – Topic – An idea regarding Viduy Maasros
I would like to turn back to the beginning of the Parsha where we have the Parsha of Viduy Maasros. We have the Parsha of the Viduy of Maiser and what is that? As it says in Yor’e Dai’a in Shulchan Aruch, in Siman Shin Lamed Aleph, S’if Kuf Mem which is a very long Siman, (מצות עשה להתודות לפני יְרוָר), it is a Mitzvas Asei to say Viduy in front of HKB”H, (אחר שמוציאין כל המתנות) after you give out your Terumah, your Maiser, your Maiser Rishon, Maiser Sheini and Maiser Ani you say Viduy. When do you say Viduy? Go to the next S’if, Kuf Mem Aleph. (אימתי מתודין) When do you say Viduy? (במנחה ביו"ט האחרון של פסח של רביעית ושביעית). Mincha on the last day of Pesach on the 4th and 7th year of the Shemittah cycle you say a Viduy, a Viduy as it says in the Posuk. That is the Mitzvah of Viduy Maaseros.
Is it something that we do today? Continuing in Siman Shin Lamed Aleph after S’if Kuf Mem and S’if Kuf Mem Aleph you go to S’if Kuf Mem Beis. (ובין בפני הבית בין שלא בפני הבית) Whether the Beis Hamikdash is standing or not you say Viduy Maaseros. According to that, the Mitzvah of Viduy Maaseros applies nowadays as well.
The GR”A in his notes to S’if Kuf Mem Beis which is Os Reish Chaf says Aval Haraivad Cholek Alav Sh’aviduy Lifnei Hashem V’aino Ela BaBayis. The Raivad argues as it says in this week’s Parsha that you should say a Viduy Lifnei Hashem, in front of HKB”H, so if it is in front of HKB”H then that means by the Bayis. As it says in 26:13 ( וְאָמַרְתָּ לִפְנֵי יְרוָר אֱלֹהֶיךָ בִּעַרְתִּי הַקֹּדֶשׁ מִן-הַבַּיִת). So we have here a Machlokes.
I want to tell you a rule from the Igros Chazon Ish. The GR”A has notes on the Shulchan Aruch. There is a code to the notes says the Chazon Ish in a letter. If the Shulchan Aruch says a Shittah and the GR”A writes D’lo K’Haraivad then he is agreeing with the Shulchan Aruch and he is teaching you that there are those who disagree. If the GR”A’s language is Aval Haraivad Cholek, that means that he means to Pasken like the Raivad. Which means that the GR”A is Paskening that it does not apply Biz’man Hazeh as opposed to the Shulchan Aruch who holds that it does apply Biz’man Hazeh.
In 1893 in Volozhin, a Kuntres was published. The name of the Kuntres was Kuntres Amiras Hayamim. That Kuntres that was printed anonymously, called on all of Klal Yisrael to say Viduy Maasros, not only in Eretz Yisrael but even in Chutz L’aretz. It is going with the Shittah of the Mechaber and it said (וְאָמַרְתָּ לִפְנֵי יְרוָר) means in the Shuls, in the Batei Kenisios, U’batei Midrashos. It said V’kol She’kain Mi Sh’yachol Lamod Lifnei HaKosel Hamaravi, and he said the Din of Viduy Maasros L’maisa, L’halacha should apply and that a person should do it at the right year and at the right time. Should do the Mitzvah of Viduy Maasros.
It was published anonymously but it had three Haskamos. From the Netziv who was the Rosh Yeshiva of Volotzhin, from the Aruch Hashulchan and from the Aderes[1] the Rav of Volotzhin. The Aderes was Rabbi Eliyahu Dovid Rabinowitz-Teomim (1843-1905), he was the Rav of Volotzhin at that time. In his Haskama that the Aderes wrote he said Kavanas HaMechabeir L’sheim Shamayim, meaning that it is not political. This is meant to be L’sheim Shamayaim.
This as you can imagine caused a firestorm. Three of the Gedolei Hador in the Litvishe world, the Netziv, the Aruch Hashulchan and the Aderes are saying that on the 4th and 7th year of the cycle, in Chutz L’aretz you should say Viduy Maasros. It caused something of a stir.
Later it was revealed that the author of this Kuntres was none other than the Aderes himself. It is interesting that he wrote Kavanas HaMechabeir L’sheim Shamayim. Later, the Aderes moved to Eretz Yisrael. In 1901 Rav Shmuel M’salant (1816 – 1909) who was the Rav of Yerushalayim for 70 years, lived to his mid-90’s when he passed away. At this point (1901) he was in his advanced years in his 80’s he called the Aderes to come to succeed him as Rav of Yerushalayim and he did that. When he came in 1901, in Taf Reish Samech Gimmel which was two years later was a Shemittah year. He reprinted this Kuntres but in his own name. Therefore, he called on everybody to do Viduy Maasros. Rav Tucazinsky writes that we did it. Either it is Min Hadin like the Rambam or we did it as a Chumra. Mimeila the Viduy Maasros took place.
I don’t believe that the Minhag is to do it anywhere in Chutz L’aretz. In Eretz Yisrael in Bnei Brak it is not done. There is an Igeres Chazon Ish who writes unequivocally, Ain Mitzvas Viduy Maasros Biz’man Hazeh. But in Eretz Yisrael there are those who do.
I should point out that I will never do Viduy Maasros because I never owned Tevel that I should separate Terumos and Maasros. Most Yidden today wouldn’t do it anyway. But it means that those to whom it applies, who can say as it says in 26:13 ( בִּעַרְתִּי הַקֹּדֶשׁ מִן-הַבַּיִת).
The Chayei Adam in his Halacha Sefer Sharei Tzedek has a Ha’ara. How could there be Viduy Maasros today as it says in 26:14 (וְלֹא-בִעַרְתִּי מִמֶּנּוּ בְּטָמֵא). I did not make any of this Terumos and Maaser Tamei. So how in the world can a person say (וְלֹא-בִעַרְתִּי מִמֶּנּוּ בְּטָמֵא)? Tzorech Iyun Gadol on these Gedolim who apparently held to do Viduy Maasros Biz’man Hazeh as well.
But Al Kal Panim, here we have another Parsha in the Torah. We who are not involved in agriculture at all, should make it our business to know which Halachos apply and which Halachos don’t apply in Chutz L’aretz. It is a Cheilek in Torah. Most Jews don’t know that Orlah applies in Chutz L’aretz. If you have a bush or a tree, the fruit of the first three years it does apply in Chutz L’aretz. Most people are not aware of it. So it is something to know and at least for today I have helped you with one of the Mitzvos, the Mitzvah of Viduy Maasros, to know where it comes from.
The Shlah Hakadosh held that when a person is Tamei, a person should count. Just like by Sefira we should say Hayom Yom Rishon L’shiva Nekiim, Hayom Yom Sheini L’shiva Nekiim. He should count. The Node Yehuda wrote about the Shlah that no one agrees with him, Oheiv Mitzvos Lo Yisba Mitzvos. Somebody who loves Mitzvos looks for new Mitzvos. Therfore, he looked for more Mitzvos.
That could be said about the Aderes. Oheiv Mitzvos Lo Yisba Mitzvos. The Aderes tried very hard to push that Viduy Maasros should be Mekuyam Biz’man Hazeh. Lot the Rambam, Vos Iz Shlect. So we will do like the Rambam Biz’man Hazeh. We will see in a different Thursday Shiur that he tried to do the same thing with Hakhel which is also a Sukkos Mitvah but IY”H we will leave that as we get closer to Sukkos for the Mitzvah of Hakhel.
And so, I have shared with you today an idea regarding the Am Segulah and Am Kadosh and an idea regarding Viduy Maasros which is a Halacha Vort but the Mussar Shebo is Oheiv Mitzvos Lo Yisba Mitzvos, you should look for more and more Mitzvos. A Gutten Shabbos to one and all!
[1] Rebbi mentioned the Aderes and how he came to be the Rav of Yerushalayim for a short period of time in Parshas Shemini 5772 and the story of what happened the day he arrived in Yerushalayim and was Mesadeir Kiddushin which is a classic. Ayin Sham.