המעין

Table of Contents
"Al HaNissim" /  The Editor………………………..………………………………………………….3
Towards the Seventh Year / Rav Kalman Kahane z.t.l…………………………………….………5
When Was the Mitsvah to Kindle Hanukkah Lights Established? / Rav Netanel Arye………...10
Shiluach haKen [Sending Away the Mother Bird]: Between Practice and
Principle in Maimonides' Rulings / Avraham Lifshitz………………………….………….23
"Sun, Stand Thou Still Upon Gibeon" – A New Interpretation / Rav Aharon Back……………27
Scripture Speaks in the Present Reality / Rav Yaakov Koppel Reinitz…………………………34
Why and Where Does Rashi Explain Familiar Words in His Torah Commentary /
Dr. Avigdor Bonchek……………………………………………………………………….38
A New Edition of Maimonides' Responsum on the Topic of Counting the Days
of Nidda [Menstruation] and Ziva [Flux] According to His Autograph Manuscript,
and a Discussion of Its Implications / Ben-Zion Uriel……………………………………41
Halakha and Realia
New Ways of Conducting Responsa (Telephone, Internet, Text Messaging) –
Advantages, Disadvantages and Conclusions / Rav Aryeh Katz………………………56
Heter Mechira - Otzar Beit Din / Rav Z. Weitman. Rejoinder: Rav Y. ben Meir……………….63
Memorial
Three Educational Points in Memory of Rav Shmuel Eckstein z.t.l. /
Rav Yechezkel Yaakovson………………………………………………………………..75
Responses and Comments
"So He Will Not Act as He Acts on Weekdays" – on Maimonides' Approach to
Sabbath, Festivals and Intermediate Days of Festivals / Rav Shalomi Eldar…………78
Further to the Matter of Secular Studies in the Teaching of Rav Kook /
Rav Matania Ariel………………………………………………………………………….81
Further to the Matter of Selling Land in the Sabbatical Year 5775 / Rav Meir Berkowitz…...84
On Books and their Authors
Mishnat HaSaR: Essentials of the Outlook and Philosophy of Rav Samson Raphael
Hirsch z.t.l. Anthologized from His Writings / Rav Yitzhak Baror……..88
Collection of Sources for the History of the Jews of Calabria / Dr. Abraham David…….….93
Clarification of the Date of Birth and Death of the Author of the Pitchei Teshuva /
Rav Dr. Chanan Yitschaki………………………………………………………………..96
Rabbenu Samuel ben Habib de Vidas z.t.l., New Details / Rav Zecharia Holzer…………..101
The Dedication by the Author to the Gerrer Rebbe of Em haBanim Semechah……………103
Editorial Review of Recent Torani Publications / Rav Yoel Catane…………………………..104

Abstracts
Rav Kalman Kahane z.t.l.: Towards the Seventh Year
Rav Kalman Kahane was a talmid hakham [rabbinic scholar] active in communal affairs, a farmer and an author, a statesman and a man of action. His principle torani area of involvement was mitsvoth involving the Land of Israel, particularly imparting his heritage in persuading the community to accept the decisions of his teacher the Hazon Ish [Rav Avraham Yesha`ya Karelitz z.t.l. ], especially regarding the subject of opposing the 'heter mechira' [sale to ameliorate restrictions on working the Land] during Shemittah. Rav Kalman wrote extensively on the topic, and one of his articles, from his work Tosefet Sh'nat haSheva (supplement to his famous work Shenat haSheva) is printed here anew with minor corrections.

Rav Netanel Arye: When Was the Mitsvah to Kindle Hanukkah Lights Established?
Rav Netanel Arye, Ram [teacher] at Yeshivat haGolan, attempts to clarify when, in his view, the regulation to kindle Hanukkah lights was established. Our sages, along with ancient historic sources, initially define the days of Hanukkah as days of praise and joy, but do not mention the regulation to kindle lights, which was only noted generations later, closer to the period of the destruction of the Second Temple. This article will try to examine the subject of kindling lights on Hanukkah and its sources, showing the changes that our sages made in the nature of the holiday through dealing with the era's events, while striving to commemorate the battle as one episode in an ongoing cultural war. By establishing the kindling, our sages conserved at the national level all the great values they wished to maintain within the nation's consciousness, values that have guided the nation of Israel throughout its cultural battles until this day. Only when the Hasmonean kingdom had been corrupted – along with the Roman occupation that consigned the political victories to the depths of oblivion – only then did the minor miracle achieve its greatness, allowing its delicate lights to illuminate the entire world until this day.

Avraham Lifshitz: Shiluach haKen [Sending Away the Mother Bird]: Between Practice and Principle in Maimonides' Rulings
Maimonides, both in his Commentary on the Mishnah and in his Mishneh Torah Code, explains the prohibition to praise Gd using the phrase 'to birds your mercies extend…' with the claim that 'this presents the measures taken by the Holy One, blessed be He, as compassion, whereas it is a decree' – in accord with the opinion of one of the amoraim [talmudic authorities]. In contrast, in the Guide of the Perplexed, Maimonides claims this opinion is atypical of our sages, since it assumes there are no reasons for mitsvot, where he himself maintains the view there that there are rationales for mitsvot. At first it would seem that we are dealing with an explicit contradiction in his approach. Rav Dr. Avi Lifshitz, educator and researcher, claims in his article that in matters of halakha (law) Maimonides is obliged to the accepted rules of deciding halakha, and therefore he rules that one who says 'to birds your mercies extend…' is silenced, in accordance with the anonymous [normative] mishna, while on the other hand in matters of hashkafa [outlook] Maimonides' approach is that the rules of deciding are not binding, and therefore he can embrace the approach that mitsvot do have rationales. What is unique here is that paradoxically the obligatory practical rule is based upon a foundational view which is itself not obligatory and despite this it is possible to distinguish: to accept the halakha yet not its philosophical foundation.

Rav Aharon Back: "Sun, Stand Thou Still Upon Gibeon" – A New Interpretation
In the course of the campaign against the kings of the South, Joshua calls upon the sun to stop in the middle of the sky: "Sun, stand thou still upon Gibeon; and thou, Moon, in the valley of Ajalon." This miracle, which helped win the war "until the people had avenged themselves upon their enemies" is depicted as an exceedingly wonderous and unique miracle: "And there was no day like that before it or after it, that the Lord hearkened unto the voice of a man." The central issue confronting interpreters is to explain the exceptional character of this miracle beyond the other miracles described in Scripture, as well as the role it plays in the order of battle. In this article, we will seek to propose an innovative explanation of the miracle which will provide a new solution to this issue and to other questions, and throw open a novel and interesting portal to understanding the course of the entire campaign.

Rav Yaakov Koppel Reinitz: Scripture Speaks in the Present Reality
Rav Reinitz, educator and widely accomplished author, resident of Neve Daniel in the Etzion Bloc, describes and defines and enumerates this interpretive principle of our sages and its uses: "Scripture Speaks in the Present Reality". This principle often served commentators from the era of the early authorities (rishonim), and Rav Reinitz investigates its generalities and its particulars.

Dr. Avigdor Bonchek: Why and Where Does Rashi Explain Familiar Words in His Torah Commentary
One of Rashi's unique skills in Torah commentary is when he defines simple, familiar words in the Torah. When we find him doing so, it is our obligation to probe deeply what motivated him to choose this particular occasion to define a word that has already appeared many times previously in the Torah.

Ben-Zion Uriel: A New Edition of Maimonides' Responsum on the Topic of Counting the Days of Nidda [Menstruation] and Ziva [Flux] According to His Autograph Manuscript, and a Discussion of Its Implications
This article presents Maimonides' responsum dealing with his unique approach to the law of counting the days of nidda and ziva newly edited according to Maimonides' handwritten version. All the lacuna of the responsum's printed version have been filled in, and the wording of the question has been restored. The reconstruction, corrections, notations and source references which have been added contribute much to understanding the responsum in particular – and Maimonides' approach, which is that of the Gaonim, in general. The editor, a fellow [avrech] of the Beit El Yeshiva, also explains the logic underlying in Maimonides' unique approach to this topic, and points out the great importance of the responsum for understanding correctly Maimonides' approach, which is not the way it has been explained by a number of acharonim [later authorities].

Halakha and Realia
Rav Aryeh Katz: New Ways of Conducting Responsa (Telephone, Internet, Text Messaging) – Advantages, Disadvantages and Conclusions
The institution of Responsa is one of the oldest existing techniques in the Jewish world which give expression to the relationship between the posek [arbiter] of halakha and the enquirer. Rav Katz, responding Rav in the Puah Institute, talmid hakham [rabbinic scholar] and an editor of the Talmudic Encyclopedia, analyzes the classical forms of responsa – both written and oral – their advantages and disadvantages, and afterwards weighs the new formats of responsa which have been added in later generations, principally in recent years – telephone responsa, internet responsa and responsa by means of text message. Common to these forms of responsa is the availability of the responding Rav to enquiries which are made from great distances and without familiarity with the enquirer – similar to written responsa – and on the other hand we are dealing with generally brief responses without extensive discussion – similar to oral responsa – and each form has its advantages and disadvantages. At the end of the article an attempt is made to chart a course in making use of the advantages of the new formats of responsa while recognizing their limitations.

Rav Zeev Weitman; Rav Yehoshua ben Meir: Heter Mechira - Otzar Beit Din
Rav Yehoshua ben Meir, a Jerusalem rabbinic scholar and researcher, has published a new edition of his work What Shall We Eat the Seventh Year –Heter Mechira or Otzar Beit Din? on the relationship between two methods of dealing with Sabbatical year regulations in our modern economy: Heter Mechira [selling the land to a non-Jew] and Otzar Beit Din [distributing produce through rabbinical court storehouses]. In his book he emphasizes the robust nature of the sale as a solution and the highly problematic issues in using the court storehouse. In this article, Rav Zeev Weitman, Rav of the Tenuva Food Cooperative and formerly responsible for the Shemittah system of the Israel Chief Rabbinate, attempts to demonstrate that the Otzar Beit Din solution is preferable wherever possible. In the author's opinion, Rav Ben Meir misrepresents – among others – the approach of the Hazon Ish [Rav Avraham Yesha`ya Karelitz z.t.l. ] when he writes that the Hazon Ish preferred heter mechira over produce grown by non-Jews. Likewise, in his opinion, Rav Ben Meir invalidates the national Otzar Beit Din system which was instituted for the last Shemittah without recognizing the facts as they are. And on the other hand, he does not deal with the inherent and genuine problems with the heter mechira in our time. In conclusion, claims Rav Weitman, even though there is decidedly room to depend on the heter mechira, it is impossible to evade the forced nature of this solution and the great advantages of the Otzar Beit Din. Afterwards, Rav Ben Meir responds briefly to Rav Weitman, and they agree to disagree…

Memorial
Rav Yechezkel Yaakovson: Three Educational Points in Memory of Rav Shmuel Eckstein z.t.l.
Some weeks ago we lost Rav Shmuel Eckstein z.t.l. who served for many years as the principal of the Yeshiva High School at Shaalvim, and after retiring was appointed a Ram [teacher] at the yeshivat hesder in the city of Sderot in the South. He was a gifted educator, and the principal of the post-secondary yeshiva at Shaalvim, his friend Rav Yechezkel Yaakovson shlit"a, The Rosh Yeshiva of the yeshivat hesder of Shaalvim, eulogizes him by focusing on three educational principles in which Rav Eckstein excelled – integrating gentleness with firmness, encouraging the student to realize his talents and strengths, and especially much patience and empathy. May his memory be a blessing.

Responses and Comments
Shalomi Eldar, software engineer and ben torah [Torah person] of Haifa discusses the definition of Maimonides' phrase “So he won’t act as he acts on weekdays”, and the difference between its meaning in the Laws of Sabbath as a safeguard from melakha [creative activity] and in the Laws of Festivals, where it stands for a recognition for the holiness of the day, so that the day does not become as a weekday as a result of the permission to perform melakha associated with food preparation which applies on festivals. Finally, the meaning of this phrase as it applies to Hol HaMoed [intermediate days of festivals] is also discussed. Rav Matania Ariel, principal of the Derech Chaim primary yeshiva in Shaalvim, wrote in issue #210 of HaMa'yan on the educational approach of Rav Kook, which did not encourage secular studies during adolescence. Rav Prof. Neria Guttel shlit"a, President of the Orot Israel College in Elkana, took issue with him in the College's periodical Oreshet, and Rav Ariel restates his position more precisely. Rav Meir Berkowitz, Head of Kollel in Rehovot, comments upon and adds to the remarks of Rav Zeev Weitman on the matter of Shemittah in the previous issue.

On Books and their Authors
Rav Shimshon ben Raphael Hirsch (5568/1808-5649/1888) best known to the present generation through the Hebrew translation of his Torah commentary (1977-1988), was better known within German Jewry, for his struggle against the Reform and Enlightenment movements. Although his descendants in Israel were familiar with his teachings, educators in Israeli yeshivot were not exposed directly to his commentaries and writings, knowing of him mainly for his part in the “Torah im derech eretz” polemic [the nature of observant Jewry's engagement with the world]. Texts on particular topics have since been published, often with quotes from his writings, but these sometimes lack the perspective obtained from examination of his works as a whole. In the present issue, we are including a representative sample from Rav Yitzhak Baror’s Mishnat HaSar, an extensive thematic anthology drawn from Rav Hirsch’s works, which seeks to fill this gap, and which will be published upon completion of the task of anthologizing and editing the material.
Calabria is an area in southwest Italy, where there were important Jewish communities during the Middle Ages and the early modern period until the great expulsion of 1541. Its central city Reggio di Calabria was home to an important printing house, and it was a source of famous rabbis and authors. Cesare Colafemmina, a non-Jewish researcher, investigated the history of the Jews in the area and published an extensive collection of sources, reviewed here by Dr. Abraham David of the National Library in Jerusalem.
In the various biographies of Rabbi Avraham Zevi Hirsch Eisenstadt, author of the famous commentary on the Shulhan Arukh, Pitchei Teshuva, the years of when he was born range from 1812 to 1816, and we find 1865 or 1868 for the year of his death. Making use of the inscription on his tombstone, testimonies, and the press of that period, Dr. Yitschaki, the Rav of the Michlelet Efrata Women's Teachers Seminary, proves that the Pitchei Teshuva died in 1868, and since he lived 56 years, one can deduce that he was born in 1812. However, there are opinions that he lived until the age of 53, and consequently that would mean that he was born in 1815.
Rabbi Samuel de Vidas, despite his being quoted in numerous sources, is a figure whose personal life has remained a mystery. Even recent attempts to clarify when he lived and what he wrote seem to be mistaken. It would seem one major reason is that those writing about him did not merit to see his commentary on Eicha. Rav Zecharia Holzer of Miami Beach, FL, publishes books of Rishonim [early authorites] based on original manuscripts, and is also involved in publishing transcripts of Rabbi Joseph B. Soloveitchik. While publishing the commentary of Rabbi Yosef ibn Shem Tov on Eicha from manuscript, he discovered historical material on Rabbi Samuel de Vidas.
Rav Yissachar Shlomo Teichtal z.t.l. h.y.d. was among the great rabbis of Hungary before the Shoah [Holocaust], in the course of which he was murdered by the Germans. In the wake of the tribulations of the Shoah, he turned his attention to examining and investigating the views commonly held among the Hungarian pietist communities, and completely changed his opinions: from opposition to aliyah [emigrating to Israel] and to working together with secularists, to encouraging and supporting these two endeavors. Here we present the moving dedication which he wrote to the Gerrer Rebbe in his work Em haBanim Semechah – already arrived in the Holy Land – while the book remained in Hungary and 'made aliyah' only in more recent years…
The issue closes with a review of new torani works by Rav Yoel Catane.