Friday, December 23, 2005

A7news: Polls Show Sharon to Appoint 1/3 of Knesset

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Polls Show: Ariel Sharon to Appoint One-Third of the Knesset
Though Israel is officially a democracy, Ariel Sharon appears to be in the unique position of being able to determine, all by himself, a full third of the upcoming Knesset.
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Headlines:
 1. Polls Show: Ariel Sharon to Appoint One-Third of the Knesset
 2. Violence Against Jews Continues Worldwide
 3. Katif: Israel Pays to Clear Debris, Expellees Meet With Katzav
 4. Pinner Remains in Prison
 5. Bethlehem Tourism is Up, But Media Blame Israel
 6. On A7radio: Yosef, His Brothers and Chanukah: History Repeats

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Editor: Hillel Fendel
Friday, December 23, 2005
22 Kislev 5766

 

1. Polls Show: Ariel Sharon to Appoint One-Third of the Knesset
By Hillel Fendel

Though Israel is officially a democracy, Ariel Sharon appears to be in the unique position of being able to determine, all by himself, a full third of the upcoming Knesset.


When he quit the Likud and announced the formation of his new party last month, Prime Minister Ariel Sharon explained that as the party did not yet have institutions, he himself would set the party's list of Knesset candidates. With polls currently giving his party approximately one-third of the 120-member Knesset, it appears that he has the sole power of determining the identities of a significant number of members of Israel's 17th Knesset.

The issue comes to the fore with the reported tension in the party between Finance Minister Ehud Olmert and Justice Minister Tzippy Livny, both of whom wish to be appointed to the #2 slot. The matter has now been complicated by Shimon Peres' announcement that he, too, is leaning towards joining the list after all.

Peres originally said, when he quit Labor and joined Kadima several weeks ago, that he would not run for a Knesset list - but is now reconsidering. (Peres' flip-flop was reminiscent of his announcement two years ago, upon assuming the position of Temporary Chairman of the Labor Party, that he would not run for the permanent post - which he did, losing two months ago to Amir Peretz.)

Sharon must name 120 people to his list of Knesset candidates, knowing that the slot he personally chooses for each one will determine whether s/he becomes one of Israel's lawmakers or not. The higher on the list each candidate is, the more chances s/he has of entering the Knesset. If the party receives 30% of the popular vote, for instance, then it will have (roughly) 30% of the Knesset Members.

Other large parties choose their Knesset Members more democratically. In the Likud, on the other hand, the list is chosen in a vote of the 3,000 members of the party's Central Committee. That vote is currently scheduled for January 9, 2006. In Labor, the entire party membership throughout the country will choose the party's candidates, on Jan. 17.

Likud MK Yuli Edelstein, asked his opinion on Sharon's power to name MKs, said, "It's very negative. But in truth, I can't blame Sharon - it looks like one-third of the voters in Israel are willing to swallow this and vote for Kadima..."

Polls show that Sharon's Kadima party continues to hold a landslide lead over the other parties. If elections were held today, Kadima would receive 39-40 seats, while Labor would receive 19-22, and the Likud - 12-15.

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2. Violence Against Jews Continues Worldwide
By Ezra HaLevi

Though many of them have only appeared on page 2 of local Jewish papers, a wave of anti-Jewish attacks continues around the globe. In recent weeks...


* In Australia, the Executive Council of Australian Jewry's annual report points to Jews there increasingly being verbally abused and physically attacked. "There were 332 incidents of anti-Jewish assault, vandalism, intimidation and harassment in the past 12 months," according to the report. Among the incidents reported were arson attacks on synagogues, vandalism and Nazi graffiti on property, assaults on Jewish men by unknown assailants, and vandalism of Jewish schools and synagogues.

* A 16-year-old British Jew was attacked with a knife in Manchester last week. His ear was slashed and his assailant shouted anti-Jewish slogans as he attacked him. A local rabbi chased the attacker.

* A French court sentenced a 25-year-old man last week to three years in jail for vandalizing a cemetery with Nazi graffiti and anti-Jewish slogans.

* Three teens in Swampscott, Massachusetts have been charged with hate crimes after burning a van belonging to a local Chabad-Lubavitch synagogue. The same Chabad synagogue was broken into in October and anti-Jewish graffiti was scrawled inside the sanctuary.

* A large menorah was torn down and stomped to pieces by a group of vandals at a South Philadelphia community center last week. The community says it will put up a newer and brighter Chanukah menorah to replace it.

* An anti-Jewish TV program called "America is a Changing Country” was aired on cable access television in Maryland. The program, produced by the National Alliance neo-Nazi group, blames “Jewish media” for urban decay and the denigration of "Aryan values."

* Thousands of fans of Hungary's Ujpest FC soccer team chanted anti-Jewish slogans during a league match last month when the team played against MTK Budapest, a team with Hungarian Jewish roots.

* In Salt Lake City, Utah, a plaque featuring a quote by Rabbi Eric Silver was defaced. The plaque, part of the Judge Memorial Religious Freedom Shrine, featured the words: "Upon his deeds not his ideas does G-d's favor rest on man.'' Vandals scratched out the words "G-d" and "Rabbi" and added the words, "Jews suck." Rabbi Silver said, ``It is unfortunate that in times that we'd like to regard as enlightened this sort of thing can still occur."

* In Peru, Rabbi Guillermo Bronstein, rabbi of Lima's only Conservative synagogue, told the Jewish Telegraphic Agency of a significant rise in attacks on the country's small Jewish community. Bronstein attributed the rise in attacks to the increase in neo-Nazi groups and the perception that the Jews have disproportionate influence in the government.

* Jews in the South Tottenham area of London have reported that they live in constant fear of violent attacks, citing several recent cases of unprovoked assaults on outwardly Orthodox Jews.

* According to a report released last week, the regimes in the Palestinian Authority, Qatar, Saudi Arabia, and Syria promoted Holocaust-denial or defended Holocaust-deniers over the past year. Iran and Egypt have each been in the headlines several times in recent months for similar government statements and activities. Just Thursday, the head of Egypt`s Muslim Brotherhood said that the Holocaust is a "myth."

Efraim Zuroff, director of the Israeli branch of the Nazi watchdog group, the Simon Wiesenthal Center, warned, "There's no question that a very ugly wave of Holocaust denial is sweeping the Arab world."

Also on Thursday, a man was put on trial in Austria for publicly swearing allegiance to Adolf Hitler. A French group was reported to be distributing pork soup to homeless in a bid to exclude Jews and Muslims from benefiting from their magnanimity.

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3. Katif: Israel Pays to Clear Debris, Expellees Meet With Katzav
By Hillel Fendel

Israel has agreed to pay nearly $25 million to the UN to clear the debris remaining from the destroyed homes of Gush Katif... Gush Katif expellees held a positive meeting with President Katzav...


The United Nations Development Program (UNDP) was asked to undertake the rehabilitation project of what was Gush Katif by the Government of Israel, the Palestinian Authority and the Quartet. With more than 1.2 million tons of debris and rubble to be cleared and recycled, the project will cost US $24.7 million - underwritten totally by the Government of Israel. It will take an estimated 18 months to complete, and will employ several hundred PA workers. The concrete and metal debris cleared from the site will be milled and recycled for use as road paving and building materials.

The money will presumably also be used to clear the debris of the synagogues and greenhouses that the Arabs themselves destroyed.

MK Yuval Shteinitz (Likud), who voted for the Disengagement in the Knesset and against its delay, told Arutz-7, "We shouldn't have paid anything; they should thank us for what we left them. For Israel to pay is absurd, but unfortunately, we caved in all the way during these negotiations, simply in order to get this diplomatic achievement. I'd like to see the U.S. pay for what it did in Afghanistan... It's humiliating and irrational."

Shteinitz said the issue was discussed several months ago in the Knesset Foreign Affairs and Defense Committee, which he heads, and that he said the same things then.

This past Monday, President Moshe Katzav met with representatives of the destroyed Jewish communities and - at the Gush Katif residents' demand - directors of various government ministries.

The residents presented four main problems:
* heavy unemployment,
* the lack of agricultural plots for nearly all of the former farmers,
* the lack compensation for children who lived in Gush Katif and wish to build in their old/new communities,
* and the lack of funding for their communal frameworks.

The government officials said that in most cases, their hands are tied by the Evacuation/Compensation Law. President Katzav asked them to work to have the law changed, but to find other solutions in the interim. He suggested that the Ministry directors adopt the model utilized by the Education Ministry, which employs a community representative as a liaison between the town and its schools. The Agriculture Ministry's Director accepted the idea on the spot.

Prime Minister's Office Director Ilan Cohen said that as of January 1, the communities will receive funding. The residents say that most of the uprooted residents continue to live in their communal frameworks, yet money for synagogues, mikvaot, secretariat leaders (mayors), youth directors, welfare employees, culture directors and the like has not been provided since the expulsion.

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4. Pinner Remains in Prison
By Hillel Fendel

Daniel Pinner of Kfar Tapuach, imprisoned since June on charges that his self-defense shots wounded a Gush Katif Arab, will remain in prison for at least another month, a High Court justice ruled.


Though the evidence against him is weak, his attorney Baruch Ben-Yosef says, no judge in Israel has beeen willing to release him even to a form of house arrest. The latest to hear an appeal on this issue was Supreme Court Justice Eliezer Rivlin, Thursday, Dec. 22. "It looked at first like he saw through the whole story [and would release him to house arrest]," Ben-Yosef said, "but in the end, the usual happened... [The judge] said that the case is almost over, and things like that."

"My client admits that he fired," Ben-Yosef sums up the case, "but not at the Arab in question - and there is no proof that it was his bullet that hit him."

Pinner, 38 and unmarried, was in Gush Katif to volunteer his services as a licensed electrician in refurbishing the Palm Beach Hotel in the last weeks of the the Jewish presence there. He was taking a walk on the beach when "about 50 Arabs throwing rocks attacked me," he recently told IsraelNationalRadio's Avi Hyman. "I was carrying an Uzi, so I shot in the air. After a few yards they began throwing rocks again, so I fired several more shots in the air. The Arabs then backed off, and I went back to the hotel. Four days later I was arrested at home, with the police claiming that I had shot one of the Arabs and wounded him. First they said in the chest, later it turned out that there was an Arab who claimed to have been shot in the leg. Because of that I am in jail almost six months."

Pinner insists that his life was "clearly in danger."

The case is being heard by Be'er Sheva District Court Justice Rachel Barkai. In this week's hearing, she told both sides to present written summations - unless they wanted to limit themselves to a 10-minute oral presentation. Both sides said that ten minutes would be far from sufficient to sum up a months-long case. The prosecution will therefore present its summation within ten days, followed ten days later by the defense. A verdict is expected on January 24.

Asked earlier this month why he thinks he is still in prison despite his innocence, Pinner said, "At every stage the judges continue to claim that I am a danger to society. I think the real reason I am still in jail is that at the very first hearing, all those months ago, I was denied any legal representation, held incommunicado for five days, and there was a total news blackout on the basis of a request from the Shabak [General Security Service]... My arrest was extended ten days originally, then fifteen and so on and so on, based on a secret Shabak report which I have not seen and probably will never see."

Daniel Pinner said he would appreciate messages from supporters via voicemail at
03-906-8079 (+972-3-906-8079 from outside Israel) or by regular mail at: Daniel Pinner- Maasiyahu Prison, POB 13 72100, Disengagement Wing. He asks for prayers for Daniel Moshe Tzvi ben (son of) Channah Malka Fayge.

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5. Bethlehem Tourism is Up, But Media Blame Israel
By Hillel Fendel

Media around the world are painting a grim picture of Bethlehem a few days before Christmas - and blaming it on Israel.


HonestReporting.com cites sample articles from the New Statesman and the Baltimore Sun. According to the Sun,
"A towering wall of gray concrete slabs, 30 feet high, cuts across what was once the main road into this town from Jerusalem. Just inside the barrier, past a new Israeli security terminal, a once-bustling neighborhood has become a ghost town. Shops are shuttered or empty, and the streets are deserted."

Buried several paragraphs later is the fact that tourism to Bethlehem is actually up:
"Figures kept by the Bethlehem Municipality show a rebound in tourist visits... the numbers have climbed steadily since [2002], reaching 100,000 in 2004 and 252,000 this year."

Yet this does not stop the paper from writing, just two paragraphs later,
"The deteriorating economy [emphasis added] has led to a steady exodus of the city's Christian residents, once a majority and now estimated at about 35 percent of the total population of 30,000."

The Statesman claims,
"The flicker of optimism has been dampened by the completion of the barrier around Bethlehem and the installation of the gate, which has given a sense of permanence to the isolation and the economy's free fall. The crossing is daunting even for tourists who are searched on their coaches as they enter Bethlehem."

HonestReporting notes that according to the Israeli Ministry of Foreign Affairs, each one of these points is factually incorrect:

* There is no barrier that completely encircles Bethlehem. A fence exists only where the Bethlehem area interfaces with Jerusalem, and only a very small segment of the fence is a concrete wall, which prevents terrorists from shooting at Israeli motorists.

* The economy has actually improved significantly. Tourism has doubled compared to last year, and Bethlehem's main industries are also up: Textiles by 50%, stone and marble export by 40%, and commercial transportation 20%. These increases have brought millions of dollars into the local economy.

* The IDF has decided to take a "calculated risk" to make access easier for tourists. IDF Lt.-Col. Aviv Feigel said, "The military will try to speed the process by not checking every tourist bus, but conducting spot checks of random buses instead."

The New Statesman also raps Israel for pushing Christians out of Bethlehem. But as FrontPage magazine points out, it is actually the Muslims who have been forcing the city's Christian residents to leave:

"The Vatican, in a rare diplomatic move, called publicly on the Israelis to intervene in Bethlehem on behalf of its severely receding Christian population. Now totaling less than 12% of Bethlehem's population, Christians, who have been the targets of continual PA violence, might leave entirely."

Just this week, some 20 Fatah Al-Aqsa gunmen disrupted Christmas preparations in Bethlehem, taking over the municipality building across from the Church of Nativity and demanding police jobs or payment from the Palestinian Authority. Click here for a detailed report on Muslim violence against Christians that is largely ignored by the media.

HonestReporting did not cite BBC, which reported on Thursday on the financial hardships of a Bethlehem Christian named Nasim Bannoura. The BBC report concluded, "Curfews, closures and the newly-built West Bank barrier have cut him off from business in Jerusalem."

Only towards the end of the report is it stated, "A few Christians speak privately of harassment, Muslims seizing Christian land and the fear of speaking out against radical groups" - but this is followed immediately by, "But many others say they live like brothers with their Muslim neighbours, sharing the struggle against Israeli occupation."

Israel Army Radio reported Friday that Israel will institute special shuttle buses to Bethlehem this weekend, in order to ease travel for tourists. "The number of holiday tourists to Bethlehem is expected to be lower than usual this year," the report stated, "because of the continuing tensions between Israel and the Palestinian Authority, and tensions between various factions in the Palestinian Authority itself."

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6. On A7radio: Yosef, His Brothers and Chanukah: History Repeats
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Thursday, December 22, 2005

DAILY MITZVAH (Maimonides): Friday, December 23, 2005

B"H

Kislev 22, 5766 * December 23, 2005

==================================================
D A I L Y M I T Z V A H (M A I M O N I D E S )
==================================================

Today's Mitzvot (Day 112 of 339):

Positive Mitzvah 95
--------------------------------------------------------------------

Positive Mitzvah 95: The Nullification of Vows

(The exact source for this commandment is considered a matter of
question by our Rabbinic Sages.)

Sometimes, a person just cannot keep his promise or finds himself
unable to fulfill his obligation. The Torah commands us to examine
the situation. By dealing properly with the incident and judging
the circumstances, it may be possible to absolve the vow.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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LESSONS IN TANYA: Friday, December 23, 2005

B"H

Kislev 22, 5766 * December 23, 2005

===============================
L E S S O N S I N T A N Y A
===============================

Today's Lesson:

Likutei Amarim
Chapter One
--------------

We have learned (Niddah, end of ch. 3): (1). "An oath is administered to him: [Before a Jew is born an oath is administered to him in heaven, charging him]:

`Be righteous and be not wicked; and even if the whole world [judging you by your actions] tells you that you are righteous, regard yourself as wicked.'"

[The soul of a Jew descends into a body for a purpose - in order to fulfill a specific spiritual mission in this world. To enable him to fulfill it a heavenly oath is administered to him that he "be righteous and not wicked," and concurrently, that he regard himself as wicked and not righteous.

The root (Shin Bet Ayin) of the verb Mashbi-im ("an oath is administered") is virtually identical with the root (Shin Bet Ayin) of the verb Masbi-im ("one causes [him] to be sated").

Accordingly, the oath charging him to be righteous may also be understood to mean that the soul is thereby invested ("sated") with the power that enables it to fulfill its destiny in life on earth.]

This requires to be understood, for we have learned in the Mishnah [Avot, ch. 2], (2) "Be not wicked in your own estimation."

[How, then, can we say that an oath is administered to the soul that it regard itself as wicked, when this directly contradicts the Mishnaic injunction not to regard oneself as wicked?] (3)

Furthermore, if a person considers himself wicked, he will be grieved at heart and depressed, and consequently will not be able to serve G-d joyfully and with a contented heart;

[Apart from the previously mentioned contradiction from the Mishnah, an additional question is now raised. A cardinal principle in the service of G-d is that it be performed with joy - joy at the privilege of serving Him either through performing a positive command or by refraining from that which is prohibited.

How then can one be required to take an oath to consider himself wicked, when this will cause him to be depressed, making it impossible for him to serve G-d with joy?

Furthermore, just as the first part of the oath, "Be righteous and be not wicked," is vital to his success in realizing his life's mission, so too the fulfillment of the second part of the oath, that he consider himself wicked, is imperative. How can this possibly be so, when such an attitude hinders his joyful service of G-d?]

While if his heart will not be at all grieved by this self-appraisal,

[I.e., if we should propose that in order to fulfill the oath the person will indeed regard himself as wicked, but at the same time will resolve that his wickedness shall not perturb him, so as not to encumber his joyful service of G-d,] he may be led to irreverence, G-d forbid, [by such an attitude, with sin perturbing him not at all.

For although his original resolve that being wicked will not perturb him stems only from his sincere desire to serve G-d with joy, yet such a resolution may very well lead to a situation where wickedness will truly not disturb him.]

However, the [above] matter [will be more clearly understood after a preliminary discussion of the true meaning of "righteous" and "wicked".]

We find in the Gemara (4) five distinct types: a righteous man who prospers, [materially as well as spiritually - he knows only good]; a righteous man who suffers,[ in both a material as well as spiritual sense: spiritually, he has not yet vanquished all his evil, and in the material sense too he is wanting]; a wicked man [in whom there is some good and] who prospers; a wicked man who suffers [spiritually and materially]; and an intermediate man - the Beinoni.

The Gemara explains: "the righteous man who prospers" is the consummate lit., ["complete"] tzaddik; [Once he has achieved this level, physical suffering - to cleanse the soul from the impurities of sin - is unnecessary; he therefore prospers materially as well], the "righteous man who suffers" is the imperfect [lit., "incomplete" tzaddik. [He therefore experiences some measure of material suffering, thereby cleansing the soul while it is yet clothed in the body, so that he will not have to endure any spiritual suffering in the World to Come.

Accordingly, the Gemara is not referring to two tzaddikim on the same spiritual level, one of whom prospers while the other suffers; rather, it speaks of two distinct levels of tzaddikim. The Gemara thus cites only two characterizations regarding the tzaddik - "consummate" and "imperfect" (lit., "complete" and "incomplete"). The terms "who prospers" or "who suffers" do not indicate his spiritual level: they merely describe his resultant material status.]

In Ra'aya Mehemna (Parshat Mishpatim) (5) it is explained that "the righteous man who suffers" is one whose evil [nature] is subservient to his good [nature]. (6)

[He is a tzaddik who still retains some vestige of evil, albeit subservient to his good nature. Accordingly, a "righteous man who prospers" is a tzaddik in whom there is only good, since he has totally transformed his evil nature.

According to the Zohar (of which Ra'aya Mehemna is a part), the terms "who prospers" and "who suffers" also indicate and describe the level of the tzaddik. The "tzaddik who prospers" is a tzaddik in whom there is only good - the evil within him having already been transformed to good; the "tzaddik who suffers" is a tzaddik of lower stature - one who still harbors some evil.

However, we must now understand why redundant titles are given to each level of tzaddik: "complete tzaddik" and "tzaddik who prospers"; "incomplete tzaddik" and "tzaddik who suffers." If the "complete tzaddik" is the "tzaddik who prospers" (i.e., in whom there is only good) and the "incomplete tzaddik" is the "tzaddik who suffers" (i.e., retains a vestige of evil), why then is it necessary to give each tzaddik two appellations?

The explanation provided further (in ch. 10) is that each descriptive term denotes a specific aspect of the divine service of the tzaddik.

The terms "complete tzaddik" and "incomplete tzaddik" denote the level of service of the tzaddik's G-dly soul, i.e., the tzaddik's love of G-d, for it is by virtue of this love that he is called "tzaddik." The "complete tzaddik" is he who has attained perfection in his love of G-d in a manner of ahavah betaanugim ("love of delights") - the serene love of fulfillment. The tzaddik whose ahavah betaanugim is as yet imperfect is called the "incomplete (or unperfected) tzaddik."

The terms "tzaddik who prospers" and "tzaddik who suffers" denote the tzaddik's status vis-a-vis his efforts in transforming his animal soul to holiness. For the tzaddik, through his lofty service of ahavah betaanugim, transforms the evil within him into holiness and good. The designation "tzaddik who prospers" indicates that he has already totally transformed the evil within him and now good alone remains, while the "tzaddik who suffers" is one who has not yet managed to totally transform the evil within him to good; a vestige of it still remains.

The explanations that follow make it abundantly clear that the evil referred to here is no more than an amorphous evil still harbored in the heart of the "incomplete tzaddik." For the tzaddik has no association with actual evil that manifests itself in thought or speech, and most certainly not with the evil that finds expression in actions.

In the Gemara (end of ch. 9 of Berachot (7)) [it is stated] that the righteous are "judged" [i.e., motivated and ruled] by their good nature, [their good nature having the final say]; the wicked are judged [i.e., motivated and ruled] by their evil nature, [their evil nature having the final say]; intermediate men are "judged" by both [the good and evil nature]. (8)

Rabbah declared: "I, for example, am a `Beinoni'." Said Abbaye to him, "Master, you make it impossible for any creature to live..."

[Abbaye argued thus: "If you are a Beinoni, then all those on a lower level than you fall into the category of the wicked, concerning whom our Sages say: (9) `The wicked, even while alive, are considered dead.' By calling yourself a Beinoni you thus make it impossible for anyone to live."]

To understand all the aforesaid clearly [an explanation is called for].

[In addition to the question which will soon follow - that according to the common conception of a Beinoni as a person having half mitzvot and half transgressions, how could a great sage like Rabbah mistake himself for a Beinoni - a further question is implied:

If a Beinoni is simply one having half mitzvot and half transgressions then his status is readily identifiable, and there is no possible room for debate.]

And also to understand the statement of Job [Bava Batra ch. 1] (10): "L-rd of the Universe! You have created righteous men, You have created wicked men,...." for He does not decree [which persons are to be] righteous and wicked.

[The Gemara (11) relates that G-d decrees that a child about to be born will be wise or foolish, strong or weak, and so on. However, whether the child will be righteous or wicked G-d does not say: this is not predetermined; rather, it is left to the individual's free choice.

How, then, are we to understand Job's plaint, "You have created righteous men, You have created wicked men"? (12)]

We must also understand the essential nature (mahut) of the rank of the Beinoni.

[The mahut of a tzaddik is righteousness; the mahut of the wicked man is evil. What is the mahut - the essential nature - of the Beinoni?]

He is certainly not one whose deeds are half virtuous and half sinful; for if this were so, how could Rabbah err in [classifying] himself as a Beinoni? - when it is known that his mouth never ceased studying [the Torah], so much so that even the Angel of Death had no dominion over him. (13)

[Such was Rabbah's diligence that he did not neglect his studies for even one moment. Qualitatively too, his learning was on so high a plane that the Angel of Death was unable to overpower him.]

How, then, could he err in considering that half his deeds were sinful, G-d forbid? Furthermore, [when can a person be considered a Beinoni?] For at the time one sins until he repents he is deemed completely wicked, (and if he [was sinful and] then repented, [thus ceasing to be wicked], he is deemed completely righteous (14).)

Even he who violates a minor prohibition of the Rabbis is termed wicked, as is stated in Yevamot, ch. 2, (15) and in Niddah, ch. 1. (16). Moreover, even he who himself does not sin, but has the opportunity to forewarn another against sinning and fails to do so is termed wicked [Shevuot, ch. 6 (17)].

All the more so he who neglects any positive law which he is able to fulfill, for instance, whoever is able to study Torah and does not do so, to whom our Sages (18) have applied the verse, (19) "Because he has despised the word of the L-rd [i.e., the Torah],....[that soul] shall be utterly cut off...."

It is thus plain that such a person is called wicked, more so than he who violates a prohibition of the Sages.

This being so, we must conclude that the Beinoni is not guilty even of the sin of neglecting to study Torah; [a sin most difficult to avoid, and counted among those sins that people transgress daily.(20).

This is why Rabbah mistook himself for a Beinoni.*

[Since a Beinoni is innocent even of neglecting Torah study, Rabbah could [mistakenly] consider himself a Beinoni, even though he scrupulously observed even the most minor commandments and never ceased from his studies.]

*NOTE

As for what is written in the Zohar III, p. 231: "He whose sins are few [is classed as a `righteous man who suffers']," [implying that even according to the Zohar the meaning of a "righteous man who suffers" is one who does have sins, albeit few; and if so, a Beinoni must be one who is in part virtuous and in part sinful], this is the query of Rav Hamnuna to Elijah.

But according to Elijah's answer [ibid.], the meaning of a "righteous man who suffers" is as stated in Ra`aya Mehemna on Parshat Mishpatim, quoted above, (5) i.e., that the "righteous man who suffers" is one whose evil nature is subservient to his good nature.]

And the Torah has seventy facets [modes of interpretation] (21).

[The Rebbe notes that the words, "And the Torah has seventy facets," help us understand Rav Hamnuna's query. It is difficult to understand how Rav Hamnuna would even entertain the notion that a "righteous man who suffers" is one who actually sins, inasmuch as all the abovementioned questions clearly lead us to assume the opposite. Rav Hamnuna's query, however, was prompted only by the fact that "the Torah has seventy facets," and he thought that this was possibly one of these facets.

END OF NOTE

Footnotes:

1. Niddah 30b.
2. Avot 2:13.
3. The apparent contradiction between the two statements is resolved
in ch. 13. See also chs. 14, 29 and 34.
4. Berachot 7a.
5. Zohar II, 117b.
6. This is an alternative interpretation of the words "vera lo" which
may be rendered literally as "evil [belongs] to him"; i.e, he is
master of the evil nature in him.
7. 61b.
8. See beginning of ch. 9, and ch. 13.
9. Berachot 18b.
10. Bava Batra 16a.
11. Niddah 16b.
12. The question is answered in ch. 14 and ch. 27.
13. See Bava Metzia 86a.
14. The Rebbe notes that although the Gemara in Kiddushin 49b
indicates only that the penitent sinner is considered a tzaddik,
it is explicitly stated in Or Zarua, sec. 112, that he is
considered a tzaddik gamur.
15. 20a.
16. 12a.
17. 39b.
18. Sanhedrin 99a.
19. Bamidbar 15:31.
20. See below, end of ch. 25.
21. Otiot deRabbi Akiva; comp. Bamidbar Rabbah 14:12.

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