Ohr HaChayim explains that we are commanded to be happy as the word “vehaya” denotes happiness. This teaches us that one is only truly happy when they are settling the Land of Israel.

In the continuation of the parsha, we see that failing to be happy in Israel, even during difficult times could force us to lose the land and be exiled as we see in Dvarim 28:47-50:

Since you did not serve HaShem, your God, with joy and good heartedness, when everything was abundant, you will serve your enemies who HaShem sends against you, in hunger and in thirst and in nakedness and lacking everything; and he will send an iron yoke upon your neck until he destroys you. God will raise upon you a nation from afar from the end of the earth, as the eagle soars, a nation whose language you will not hear. A hard faced nation that will not show favor to the old, and will not pity the young…

Unfortunately, last year at this time, there was a lot of anger in Israel. Instead of being happy to have a Jewish homeland, many found things to complain about and started to take the State of Israel for granted. Then October 7 hit and horrible atrocities fell upon us. Hostages were taken out of their beds without shoes on their feet, receiving very little food and water. The elderly were murdered or left to die and there was no mercy on the children.

As we try to rebuild, now is the time to try our best to bring happiness and unity into our lives, even when it isn’t easy. We must take a lesson from the soldiers who have lost so much- friends, comrades, their health, their jobs- yet they have a positive attitude, a love for the Land of Israel and the will to try to make it a better place despite all odds.

We must remember that no matter what we have been through, we still have Israel, a gift that was returned to us after 2000 years.

May we start the new year on the right foot by seeing the return of all of the hostages. As we say in the prayer for those being held in captivity (Yishayahu 35:10): “Those redeemed by God will return; they will enter Zion with singing, and everlasting joy will crown their heads. Gladness and joy will overtake them, and sorrow and sighing will flee away.”

Parshat Ki Tavo (Dvarim 26:1-11)
opens with the Declaration of the Bikurim:

When you come to the land that the
Lord, your God is giving you as territory and you inherit it and settle it, you
shall take of the first of all of the fruits of the soil that you bring from
your land, that the Lord, your God is giving you and place it in a basket; and
go to the place that the Lord, your God, chooses to house His presence there. You
are to come to the kohen who will be of service during those days and you will
say to him, “I declare today to the Lord, your God that I have come into the
land that the Lord swore to our ancestors to give us.”

Would a convert be permitted to
recite this declaration?

The Mishna in Bikurim 1:4 states
that a convert would bring the Bikurim, but they would not recite “that the
Lord swore to our ancestors to give us.”

Kehati clarifies the mishna’s
reasoning: He would have to leave those words out since his ancestors were not
Israelites.

The mishna continues:

When the convert prays privately he
says “the God of the fathers of Israel” (instead of “God of our fathers”). When
he is in the synagogue (and leads the service), he says “God of your fathers.”

According to the Rambam, Bikurim
4:3, the Halacha does not follow the mishna above but rather Rabbi Yehuda’s
opinion in the Talmud Yerushalmi, Bikurim 1:4:

The convert brings the Bikurim and
recites the declaration as is stated regarding Avraham (Breisheet 17:5) “For I
have made you the father of a multitude of nations.” Avraham is the father of
all nations who come to shelter under the wings of the Divine Presence.
Furthermore, it was to Avraham that the divine oath was first sworn that his
children would possess the Land.

Ramban, Rashba and Ritva all follow
Rambam’s opinion that the convert would recite the Declaration of the Bikurim
and says “Our God and the God of our fathers” when reciting Shmoneh Esrei both
privately and publicly.

This question can also arise when a
convert recites the second paragraph of Birkat HaMazon, the Grace After Meals,
“Nodeh Lecha,” “We thank you , the Lord our God, because you have given to our
forefathers as a heritage a desirable good and spacious land…”

Would a convert be permitted to say “L’Avotaynu,”
“to our forefathers” in Birkat HaMazon?

The Land of Israel was promised to
Avraham and his descendents and converts are considered to be the children of
Avraham. In fact, when a person converts to Judaism, they are referred to as
the child of Avraham Avinu. According to Shu”t 
HaRambam 296 there should be no difference between any of the prayers
that a born Jew recites and the prayers that a convert recites.

May the Declaration of Bikurim
remind us that once a person converts to Judaism they are considered a full
fledged Jew and they should not be singled out.

In Parshat Ki Tavo, Dvarim 27, Moshe told B’nai Yisrael that immediately
after entering the Land of Israel, they would reaffirm their commitment to God
and to the Torah. They would assemble at the two mountains, Har Grizim and Har
Eval for a new acceptance of the Torah. Six tribes would stand on Har Grizim
and six tribes on Har Eval and the Kohanim, the Elders and the Leviim would stand
with the Aron (Holy Ark) in the valley between the two mountains. The Leviim in
the valley would pronounce the blessings and the curses and the tribes on the
mountaintops would answer Amen.

Rabbi Uri Sherki of Kehillat Beit Yehuda in Jerusalem contrasts Ma’amad
Har Sinai, the Revelation at Sinai with the new commitment at Har Grizim and
Har Eval:

Ma’amad Har Sinai took place on top of a high mountain. The voice of God
was scary, intimidating. The nation stood at the bottom of the mountain. They
were not allowed to go up. The Torah from the Heavens was thrust upon them.
People didn’t have the independence to choose. They were forced to accept it in
the middle of the wilderness.

The new commitment at Har Grizim and Har Eval was the opposite of
Ma’amad Har Siani:

The tribes stood on the mountains. The Luchot (tablets) were not in the
sky. Rather, the Torah was on the land. The voice was from the Liviim who were
standing on the land. B’nai Yisrael were serving God in the Land of Israel.

Har Sinai can be looked at as a triangle pointing up. The valley between
Har Grizim and Har Eval resembles a triangle pointing down. The Torah
integrates these two triangles which combined make up a Magen David, a Jewish
Star.

Unlike Har Sinai which we can’t identify today, you can take the
opportunity to see Har Grzim and Har Eval the next time that you visit the
Shomron (Samaria) as well as the amazing people who live in the area who are
reminded of the new commitment every day.

Sponsored by Esther Dukovny in honor of the yahrzeit of her father,
Sigmund Segall Halevi z”l,

ז”ל  יחיאל הלוי

The Land of Israel is referred to as the Land of milk and honey twenty
times in the TaNaCh, two of which are in Parshat Ki Tavo:

The first time it is mentioned in our parsha is near the end of Parshat
HaBikurim (Dvarim 26:9), when the farmer brings their first fruits to the Beit
HaMikdash (Temple) and recites the story of the exodus from Egypt culminating
in the entrance of B’nai Yisrael into the Land of Israel: “He brought us to this
place, and He gave us this Land, a Land flowing with milk and honey.”

The second time is at the conclusion of Vidui Maasrot- The Confession of
the Tithes which is recited (preferably in the Beit HaMikdash) on the last day
of Pesach of the fourth and seven years (of the Shmita cycle) which declares
that the maasrot (tithes) were given to the Levi, the convert, the orphan and
the widow and that the mitzvoth were observed properly. The last verse of the
vidui states (Dvarim 26:15) “Gaze down from
Your sacred residence, from the heavens and bless Your people Israel, and the
soil that you gave us, as You swore to our forefathers, a Land flowing with
milk and honey.”

We see in both instances that the
promise of the the Land and the gift of the Land are intertwined with the
concept of the land flowing with milk and honey.

In 1961, thirteen years after the
founding of the Modern State of Israel, Milk and Honey, the first musical to be
set in Israel debuted on Broadway. Jerry Herman (Hello Dolly), who passed away
last year, was the songwriter and Dan Appell wrote the book. It was real estate
mogul Gerard Oestriecher’s dream to produce a musical set in Israel. Herman and
Appell were sent to Israel to get an idea of what the young State was like and
were welcomed with open arms by the Israeli government. Many of their ideas for
the plot and lyrics were formed while flying on the airplane as well as during
their trip.

Molly Picon who was well known in
the world of Yiddish theater starred in the show which was nominated for five
Tony Awards.

One of the most famous songs, later
released as a single by Eddie Fisher https://www.youtube.com/watch?v=JEujRoTXAZk really gives you a feel for what it was like in the early days of
the State of Israel:

Milk and Honey

This
is the land of Milk and Honey
This is the land of sun and song and
This is the world of good and plenty
Humble and proud and young and strong and
This is the place where the hopes of the homeless
and the dreams of the lost combine
This is the land that heaven blessed and
This lovely land is mine

What if the earth is dry and barren
What if the morning sun is mean to us for
This is a state of mind we live in
We want it green and so it’s green to us for
When you have wonderful plans for tomorrow
Somehow even today looks fine so
What if it’s rock and dust and sand,
For this lovely land is mine
This lovely land is mine.

While
the song is generally positive, they wanted to include a shot of reality as
well. In the original Broadway recording https://www.youtube.com/watch?v=2wMdVKakoAY, there was a stanza in the middle of
the song which gave a bit of an edge to the musical including “The honey is
kind of bitter and the milk is a little sour, Do you know the pebble is the
State’s official flower?”

The
end of the song addresses the negative issues and emphasizes the importance of
our having a homeland even if it is not perfect. There was a vision that the
land would be greener and less rocky which eventually came true.

In
retrospect, it is pretty amazing that there was a Broadway musical about Israel
so soon after the State was born and how far we have come since then.

Biblically, Maasrot (tithes) are taken from crops
according to a three year cycle. Every year, Maaser Rishon, the first tithe is
given to the Levi.  During the first and
second years, Maaser Sheni, the second tithe is taken. Since it has kedusha, sanctity,
it must be eaten in Jerusalem. During the third year, instead of Maaser Sheni,
Maaser Ani, the tithe of the poor is taken.

 This cycle is
repeated every three years, aside from the Shmita (seventh) year and Yovel (50^th)
year when Maasrot are not required as the entire Land of Israel is considered
ownerless.

By the day before Pesach of the year after each
three year cycle, the owner must make sure that all of the Maasrot were
delivered to the proper destination. On the last day of Pesach of the 4^th
and 7^th years, the Vidui Massrot, Confession of the Tithes is
recited. It is preferable to recite it at the Beit HaMikdash, but it can be
recited anywhere.

The Vidui Maasrot is found in Parshat Ki Tavo,
Dvarim 26:12-15:

When you have finished tithing every tithe of your
produce in the third year, the year of the tithe, you shall give to the Levi,
the convert, the orphan and the widow and they shall eat in your cities and be
satisfied. Then you shall say before HaShem, your God:

I have removed the holy things from the house and I
have also given it to the Levi, to the convert, to the orphan and to the widow,
according to whatever commandment You commanded me; I have not transgressed any
of your commandments and I have not forgotten. I have not eaten of it in my
intense mourning, I did not consume it in a state of contamination and I did
not give of it for the needs of the dead; I have listened to the voice of
HaShem, my God; I have acted according to everything You commanded me. Gaze
down from Your holy abode, from the heavens and bless Your people Israel, and
the ground that You gave us, as You swore to our forefathers, a Land flowing
with milk and honey.

Why is it called a confession (Vidui) if no sins are
mentioned?

Sforno points out that because of our and our
parents’ sins, the privilege of performing the Temple service was removed from the
firstborn who would otherwise have been recipients of all of the various
tithes.

 If B’nai Yisrael
had not worshipped the Golden Calf, the Divine service would have remained the
privilege of the firstborn and every Jewish home would have been like a sacred
temple. Due to the nation’s downfall, it was necessary to remove the Maasrot
from the home and give them to the Kohanim and Leviim.

Today, the mitzvot of taking Trumot and Maasrot are
Derabanan, Rabbinic, not Biblical mitzvot.

Beit HaOtzar of the Machon HaTorah VeHaaretz is a
fund that helps increase awareness of the Halachot involved in separating
Trumot and Maasrot, while providing practical ways of giving the Maasrot to the
appropriate destination. Beit HaOtzar facilitates giving Maaser Rishon to a
Levi throughout the years preceding Shmita, Maaser Ani to the poor in the
appropriate years and redeeming Maaser Sheni when necessary. In this way, they
hope to reinstate the observance of these mitzvot.

How fortunate we are to have the Modern State of
Israel where the Mitzvot HaTluyot Ba’Aretz, mitzvot that are only observed in
the Land of Israel are being revived. The Shmita year will be starting with
Rosh HaShana where we will be exempt from Trumot and Maasrot yet we will have
many other practical laws of Shmita to observe.

May we merit to see the Mitzvot HaTluyot BaAretz
become Biblical mitzvoth once again speedily in our days.

In Memory of Gail Blumengarten z”l, who truly lived life to the fullest. May her memory be a blessing.

This past week, I heard of the passing of Dr. Tsippi Kauffman z”l. Dr. Kauffman was a Senior Lecturer in Jewish Thought at Bar Ilan University. Although I did not know her personally, we had many mutual friends. An article written by Dr. Kauffman a few years ago about Parshat Ki Tavo for Likrat Shabbat, a publication from Herzog College was quoted by Rabbi Meir Shakedi at her funeral. The article was called HaYom, BaYom HaZeh Mamash, Today, Exactly today.

In the article, Dr. Kauffman reminds us of the importance of appreciating each day. Most people stay focused on the past or on the future and don’t concentrate on the present.

Dr. Kauffman points out that the word “HaYom”, “today” is mentioned over 150 times in the Torah, half of which are in the Book of Dvarim. In Parshat Ki Tavo, Dvarim 26:16-19 the word is repeated over and over:

This very day, HaShem, your God, commands you to perform these statutes and these laws; you shall observe and perform them wholeheartedly and with your whole being. HaShem, you have distinguished today to be a God for you and to go in His ways and to guard His statutes and His commandments and His laws, and to obey Him. And HaShem has distinguished you today to be for Him a treasured people as He said to you, and to guard His commandments. And to place you superior to all the nations whom He made, for praise and for renown and for glory, and so that you may be a people sanctified to HaShem, your God, as He said.

Dr. Kaufman explains that they were not only commanded on “that day” but as they prepared to make the transformation from the wilderness to the Land of Israel, Moshe wanted them to step back and understand the significance of that moment.

It is not a coincidence that HaYom is mentioned over 150 times. We must seize the opportunity to appreciate and live each day to its fullest.

At the end of Parshat Ki Tavo, Dvarim
29:6-7, Moshe reminds B’nai Yisrael how Sichon, King of Cheshbon and Og, King
of Bashan came to wage war on them and how B’nai Yisrael smote them, took their
land and gave it to the tribes of Reuven, Gad and half the tribe of Menashe.

The original battle is depicted in
Bamidbar 21:33-35:

They (B’nei Yisrael) turned and
ascended by way of Bashan; Og, King of Bashan, went out against them, he and
his entire people, to do battle at Edrei. God told Moshe: “Do not fear him (Og,
King of Bashan) for into your hand have I given him, his entire people, and his
land; you shall do to him as you did to Sichon, King of the Amorite, who dwells
in Cheshbon.” They smote him, his sons, and all his people, until there was no
survivor left of him, and they took possession of his land.

Why did God specifically tell Moshe
not to fear Og?

In Dvarim 3:11 we learn: “For only
Og king of Bashan was left of the remaining Refaim (giants), behold his bed was
an iron bed in Rabbat  of the descendents
of Amon- nine cubits was its length and four cubits its width, by the cubit of
that man.”

Targum Yonatan says that Og was the
only giant who survived the flood in the days of Noach.

What does Og’s bed have to do with
anything?

According to Ramban, the fact that
Og’s bed was made out of iron (not wood) shows how large and heavy he was, not
someone that you would want to go up against in battle.

The Talmud, Brachot 54b tells the
story of Og being so strong that he uplifted a mountain and tried to kill B’nai
Yisrael by throwing this “giant stone” at them. Og did not succeed and in the
end Moshe killed him. But you can see from these examples why Moshe was more
worried here than in the other battles.

Where exactly is Bashan?

The Bashan is the northern part of
Trans-Jordan (where the Golan Heights are today) including part of Syria, bounded
by the Jordan, the Lebanese mountains, including Mount Hermon and Gilad.

A few weeks ago, I had the honor to
visit the Golan. It was really amazing to see the Torah and our history come
alive. We were able to stand at the border or Syria and drive past the border
of Lebanon. We were able to see where these stories unfolded. We were also able
to see just how close everything is.

May we have peace within Israel’s
borders and beyond.

In Honor of Josh, Dov and Moshe
Halickman’s 14^th Aliya Anniversary!

As the High Holidays approach, one
may ask if it is better to pray in Hebrew or in a language that we understand.

The Talmud, Sotah 32a states which
prayers must be in Hebrew and which ones can be said in any language.

These may be said in any language:
Parshat Sotah, Vidui Maaser (Confession of the tithes), Shma, Tefilla (Shmoneh
Esrei), Birkat HaMazon (Grace After Meals), Shvuat HaEidut (Oath of Testimony),
Shvuat HaPikadon (Oath of Deposit).

These must be said in Hebrew: The
Bikurim Recitation (recited when bringing of the first fruits to the Kohen),
Chalitza Declarations (the statement that a woman makes if she does not wish to
marry her brother in law), The Blessings and the Curses, Birkat Kohanim (The
Priestly Blessing), Birkat Kohen Gadol (The Blessing of the High Priest),
Parshat HaMelech (The blessing of the king during Hakhel, the assembly ceremony),
Parshat Egla Arufa (Passage of the Decapitated Calf) and the address of the
Kohen anointed for war when he speaks to the people.

Bikurim and The Blessings and the
Curses are found in Parshat Ki Tavo. Most of the other prayers which must be
recited in Hebrew are also found in the Book of Devarim, either in the past few
Parshiot, Shoftim and Ki Tetze or in Parshat Vayelech which we will be reading
in two weeks.

The Talmud explains why the Bikurim
passage must be recited in Hebrew:

The Torah states regarding Bikurim
(Dvarim 26:5): “You shall speak up and say before HaShem, your God” and it states
later (Dvarim 27:14) regarding the blessings and the curses recited at Mt.
Grizim and Mt. Eval, “The Leviim shall speak up and say” since both verses use
similar wording, it is considered a gzeirah shavah and we derive from there
that just as the blessings and the curses must be recited in Hebrew, so too,
the Bikurim must be recited in Hebrew.

If we go back to what does not have
to be recited in Hebrew, we find many of our daily prayers including Shma,
Shmoneh Esrei and Birkat HaMazon.

The Shma, “Hear O Israel, The Lord
is our God, the Lord is One” begins with the word “Hear.” The rabbis taught
that the word “Hear” teaches that we can say the Shma in any language as we
must hear, understand what we are saying (in this case we are affirming that
there is one God).

In the Shmoneh Esrei, we request
Divine mercy. It is important for us to know what we are saying.

The Birkat HaMazon is derived from
one sentence in the Torah “And you will eat and be satisfied and bless HaShem,
your God.” Rashi points out that the Torah does not record a specific text so
there is no problem reciting it in a language other than Hebrew.

What we learn from here is that
aside from certain prayers, many of which are only observed at very specific
times, most of our regular prayers do not have to be recited in Hebrew if the
person who is praying will not understand what they are saying. Prayer is a
conversation with God. We must understand our side of the conversation.

The ideal would be to make an effort
to learn enough Hebrew in order to understand the prayers in the original or
the use a Hebrew/English Siddur where one can glance at the English before
reciting the Hebrew. Israelis have the advantage of already being familiar with
the language even if the prayers are written in a more poetic form.

As the High Holidays approach, this
is a good time to take out your Machzors (High Holiday prayer books) and start
to review the prayers so that you will already be familiar with them before you
get to the synagogue. This will maximize your kavana (intent) and your prayer
experience in general.

In Memory of Sylvia Levin

In Parshat Ki Tavo, before his death,
Moshe presents B’nai Yisrael with both a blessing and an admonition.

Part of the blessing is that B’nai
Yisrael will prosper in the Land of Israel (Devarim 28:7-8) “God will set your
enemies who rise against you smitten before you; by one road they will approach
you but by seven roads they will flee from you. God will order upon you the
blessing in your storehouses and in all your commerce; and He will bless you in
the land that HaShem your God is giving you.”

The flip side of this blessing is
the admonition: (Devarim 28:63-65) “It will happen that as God rejoiced over
you to benefit you and to multiply you, so will God bring joy to others over
you to remove you and to destroy you; and you will be uprooted from the land
that you are coming to inherit. God will disperse you among the peoples from
the end of the earth to the end of the earth; and you shall serve there other
gods which neither you nor your ancestors knew, wood and stone. And among the
other nations you will not be tranquil and there will be no rest for the sole
of your foot; and God will give you there a fearful heart and pining eyes and
disillusioned spirit.”

Haamek Davar explains that the
blessing of the Land of Israel will be that there will be so much prosperity in
the land that merchants and vendors will not have to travel abroad to make
their fortunes.

As far as the admonition, we see
that when B’nai Yisrael didn’t observe the commandments, they were sent to
exile. Rashi and Onkelos don’t believe that the verse should be taken literally
to mean that they worshipped other gods. Rather, they will be forced to pay
taxes to the priests of other religions.

Throughout Jewish history, Jews were
never fully at home in any other land, whether it be the Crusades, the Blood
Libels, The Black Death, the Spanish Inquisition, The Holocaust and the list
goes on and on.

Today, we still have to deal with anti-Semitism
all over the world as well as the BDS movement which is becoming stronger especially
on college campuses.

In Israel, we see the blessing of
prosperity being reinstated with many businesses thriving throughout the
country. Israel has been very successful in exporting produce and goods throughout
the world and Israel is considered the Start Up Nation with people from all
over the world looking to invest in Israeli technology.

Although Israelis have to pay taxes
(which nobody is ever happy about), their tax money is going to help fulfill
the mitzvah of settling the Land of Israel and build up and support the modern
State of Israel.

We are lucky to be living at a time
where we can choose the blessing of the Land of Israel.

On Rosh HaShana, there is a custom to eat the head of a
sheep or the head of a fish after reciting the following blessing: May it be
Your will, HaShem, our God and the God of our forefathers, that we be as the
head and not the tail.

The blessing comes from Parshat Ki Tavo, Devarim 28:13: “God
will place you at the head, not at the tail; and you will be solely on top, you
will not be on the bottom; when you heed the commandments of HaShem your God,
that I am commanding you today to guard and to perform.”

According to Ramban, God will make you the head of all
peoples and not the tail of any one of the nations. He will henceforth make you
the head and at no time will you ever be the tail.

The Apter Rav, Rabbi Abraham Joshua Heschel (1748-1825) of Zmigrod, Poland,
author of Ohev Yisrael asks why the blessing needs to be stated positively and
negatively. Why doesn’t it just say “at the head”, why does “not at the tail” also
need to be included?

Doesn’t Rabbi Yanai teach us in Pirkei Avot 4:15 that we
should be the tail: “Be a tail unto lions and be not a head unto foxes”?

Rabbi Heschel answers: “at the head”- you should be the
“head” of the “head”, “not at the tail”- you should not be the “head” of the
“tail”. You should be the head of the lions, not the head of the foxes.

As we prepare for Rosh HaShana, we should continue to strive
to be the best that we can be and not settle for mediocrity.

For those of you who are not comfortable eating the head of
a sheep or the head of a fish you can follow Rabbi Jonny Gordon and eat the
heads of gummy fish!