Friday, January 8, 2010

Parsha Shemos, Mitzvos & Halachos, story, Gog and Magog news


NEVO BEN GALIT and Perechiya bas Yalkut need our prayers for healing.

Also a personal blessing to my friend Barbara in NJ who is recovering that she should have a speedy recovery and her computer will be repaired so that she will enjoy the Drasha again.


Miracle in Modiin Iiltt


A boy in the class above my oldest grandson was riding his bicycle in the street many months ago and was struck by a bus. He was rushed to the hospital in critical condition and for quite a while was between life and death. Prayers were made for his healing. The boy recently regained consciousness and told his Rebbe who is my grandson’s teacher what happened. “I saw on one side the Malach HaMavet (Angel of Death) and the other side Avraham Avinu. It was a toss up whether I would live or die. I mentioned that I had registered for Yeshiva Ketanah (youth Yeshiva) so and so and that turned the tide in my favor and the Malach gave up his claim on me.” The boy then described medical procedures in the ICU that occurred when he was in a coma.


Editorial with Mussar


Sometimes a Jew has an ethical dilemma – should I go to Nick’s Restaurant to meet with other people in my group even if I will only drink water as it may look like the veal parmesan is kosher? Two other problems are with Xmas and New Years. Rabbi Nightingale Shlita wrote two years ago about a fellow from the Minyan who has $400 in Xmas gifts stolen from his car. The congregation began to collect money in an Orthodox Schul for this. The Rabbi wrote, “Didn’t anybody besides me see something wrong with this picture?” I was reading the Israeli American paper circulating in FL. half is in English and half in Hebrew. Last week they were advertising a mixed dancing News Years Eve Party and this bothered me. For in Judaism we neither observe a Nativity Day and our Rosh Hashanah is silent meditation of Repentance, Prayer and Charity preparing for judgement on that day. I am curious where we went wrong that we are celebrating a non-Jewish event.

Last week it just happens that I forced myself to stay up to finish the Drasha and Blogspot until almost midnight. One call to Eretz Yisrael before sleeping and then it was close to midnight. So I watch from my home 180 degrees of fireworks from many small towns within Broward County , FL. I enjoyed the fireworks, rockets and flares which were larger and wider than a real military theater that I saw slightly over a kilometer from me inside Lebanon. Our flares were white and theirs was yellow and the battle was fierce with tracer bullets but not a wide 180 degree one. I think only in the Yom Kippur war was the battle that large. At least this was a peaceful display but I could hear fire trucks on both sides of my apt racing up and down the streets.

I think as a conclusion one should read this opinion from an Israeli Newspaper: http://www.ynetnews.com/articles/0,7340,L-3826381,00.html


The terrorist have succeeded!


I cannot say that stupidity has not prevailed too with the political correctness. So instead of profiling because of one shoe bomber everybody takes off their shoes. Because of one underwear bomber people will be body searched or put through radio waves which shows our bodies like in Gan Eden before we ate the fruit. The terrorist have essentially one this round. The have terrorized the TSA and all of Washington DC. All the scared rabbits who would not attend town hall meetings are shaking in their boots now. A simple un-politically correct profiling of terrorist could save a lot of Daughters of the American Revolution grandmothers to be scanned and searched and Congressmen too not to mention my wife and I. Until my wife got a green card and a FL license, she was searched every flight because she had an Israeli passport. Everybody knows that Israeli Jews are the majority of terrorist in the world especially a woman past 50 traveling with her American husband. That was politically correct profiling. Because each airplane terrorist was a Jew in the last years on and since Sept. 11th. I don’t 100% agree with the residents of some communities in the Shomron who don’t have a fence around them but they refuse to give into terror. Who is correct – I just presented ideas you figure it out for yourself. (Also see the commentary by E. Winston and Nitsana Leitner below about the Israel High Court of Israel giving the terrorist a free hand on the 443 road)


Don’t bite off more than you are capable of chewing.


If you notice that some weeks I bring down more commentaries and some weeks a lot of the material is from my teachers and my own Pshat. The main reason is that it is impossible with my schedule to do everything all the time. I have had a number of non-Jews come up to me ask me for prayers for their relatives and friends who are ill. Even had somebody ask me to pray for his dying dog. I can’t pray or everybody and every creature on the planet. In fact I wanted to discuss and question if we have global warming, an onset of an ice age or just plain temperature glitches on a geological time scale. Perhaps in the future I will cover this.

One baal Tshuvah came up with brilliant films on the internet for Jews. He then began debating messianic Jews. However, he is very young and has not mellowed. As a result of his immaturity he started insulting or making fun of Yeshu. I saw that this was upsetting many righteous Gentiles and friends of the Jewish people and Am Yisrael. We have enough anti-semites; we don’t need pushing friends into becoming anti=smites. I ended up writing the fellow to leave the messianic Jews alone. My reason is as follows: When the Moshiach comes, beyond a shadow of a doubt, these people will accept him. However, Reform, Conservative and Atheistic Jews may not necessarily accept the Moshiach and some bigoted Orthodox Jews also may not accept him if he is not of their group or socially-educational philosophy. Hadassah wrote me unrelated to this piece that she could not see but I will add it as it is appropriate to conclude this piece. We Jews must wake up and eliminate the skin color problem among us. We need each other to fight our enemies the JIHADISTS. The rabbis need to retract Lashon Hara against Jews with skin color. Those who will understand will understand and for those who don’t it is nearly impossible to get a human with preset thoughts to correct his/her mistake and admit that he/she was wrong.


Shemos


Both Rabbi Lustig and Rabbi Belinsky Shlita spoke about Beresheis ending on a sad note contrary to the usual happy ending we experience with a happy note. However, is this really the end to the story? It appears that the real ending is in Shemos 7 which is a happy note. 50:25 And Joseph took an oath of the children of Israel, saying: 'God will surely remember you, and ye shall carry up my bones from hence.' 26 So Joseph died, being a hundred and ten years old. And they embalmed him, and he was put in a coffin in Egypt

Here is the continuation:

1:1 Now these are the names of the sons of Israel, who came into Egypt with Jacob; every man came with his household: 2 Reuben, Simeon, Levi, and Judah; 3 Issachar, Zebulun, and Benjamin; 4 Dan and Naphtali, Gad and Asher. 5 And all the souls that came out of the loins of Jacob were seventy souls; and Joseph was in Egypt already. 6 And Joseph died, and all his brethren, and all that generation. 7 And the children of Israel were fruitful, and increased abundantly, and multiplied, and waxed exceeding mighty; and the land was filled with them.


This is the link continuing Beresheis with Shemos and at this point the Creation to the generation of the founding fathers through the fathers of the tribes end, but we still have not gotten up to the purpose of creation. Below we start out with Egyptian Citizens who are a minority but yet an Ethnic Nation within the entire Nation of Egypt. What is the purpose of creation – we learn the purpose from the first Rashi in Beresheis when the Nation of Israel comes into being. However, we do not see the purpose until 50 days after being freed at Mt. Sinai. The 40 years of receiving the Torah ends that purpose.


8 Now there arose a new king over Egypt, who knew not Joseph.

A new king arose: [There is a controversy between] Rav and Samuel. One says: He was really new, and the other one says: His decrees were new. [From Sotah 11a, Exod. Rabbah 1:8] Since the Torah does not say: The king of Egypt died, and a new king arose, it implies that the old king was still alive, only that his policies had changed, and he acted like a new king. [Rashi on Sotah 11a] and who did not know: [means that] he acted as if he did not know about him.


Since Yosef actually punished his brothers by sustaining them from the Egyptian treasury one thing was the original 70 families but they grew and grew and became instead of a privileged class a liability or welfare cases as we say. Some people asked me years ago if the United States was to make war with Israel which side would you be with? It did not make sense in the ‘60’s that the US would declare war on Israel but with whom is who in the white house and on the staff it seems more feasible now. This also scares me that the Commander in Chief is a Muslim pretending to be a Christian. He attended a church where the Pastor cursed the USA in G-D’s name. (See the Prohibition 45 below in Mitzvos and Halachos of this week).


In any event, the fact that the welfare is growing was a shock for the Egyptians and the fact that these people did not fully speak Egyptian and the term “coming” is used when they came to Egypt and now “coming” is used several generations later like they are still outsiders and not loyal citizens. Therefore the following accusations make sense:


9 And he said unto his people: 'Behold, the people of the children of Israel are too many and too mighty for us; 10 come, let us deal wisely with them, lest they multiply, and it come to pass, that, when there befallen us any war, they also join themselves unto our enemies, and fight against us, and get them up out of the land.'

Get ready, let us deal shrewdly with them: Heb. הָבָה. Every הָבָה [found in the Torah] is an expression of preparation and readiness. That is to say: Prepare yourselves for this. let us deal shrewdly with them: With the people [of Israel]. Let us act shrewdly regarding what to do to them. Our Rabbis, however, interpreted [that Pharaoh said]; Let us deal shrewdly with the Savior of Israel [thus interpreting לוֹ as to him] by afflicting them [to die] with water, for He has already sworn that He would not bring a flood to the world. (But they [the Egyptians] did not understand that upon the whole world He would not bring [a flood] but He would bring it upon one nation In an old Rashi manuscript.) from Sotah 11a] and depart from the land: against our will. Our Rabbis, however, interpreted [i. e., depicted Pharaoh] as a person who curses himself but ascribes his curse to others. And it is as if it were written: and we will depart from the land, and they will take possession of it. [From Sotah 11a]


This is a mistrust of strangers as seen in each country. Russian Jews and Goyim make trouble in Israel and after a few wife murders, mafia crimes, drunkenness by a group that composes of 1/6th of the population of Israel is higher than the Israeli average; the good apples are often forgotten and the bad apples stand out. The vast majority are good. When the Moroccans came in mass the Rabbis and good people were forgotten and a few criminal groups and murderers were remembered. Nobody thought that the older eastern European Jews were bad – because they were already entrenched in Israel. Since the Ethiopians are generally quiet the only thing that bothers ignorant people is their color and the Yemen & Indian Jews somehow look more Swedish to the old timers. Locality is questioned of Kahana followers but not ultra-extreme left Kibbutzniks. Guess how many of the former has spied against Israel while more than a handful of the later have done so. This was the main problem with the Bnei Yisrael in Egypt.


11 Therefore they did set over them taskmasters to afflict them with their burdens. And they built for Pharaoh store-cities, Pithom and Rameses. 12 But the more they afflicted them, the more they multiplied and the more they spread abroad. And they were adread because of the children of Israel. 13 And the Egyptians made the children of Israel to serve with rigor. 14 And they made their lives bitter The Gezara (decree) was for them to go into Egypt and become slaves and serve with rigor. The making of their life bitter was an addition that the Egyptians added and therefore they received the punishment of the plagues. with hard service, Working as a draftee for Pharaoh, the Army, etc. is one thing and making the service especially hard is for the drill Sergeant. He can make the drill tough to strengthen or to very hard to accept. in mortar and in brick, and in all manner of service in the field; in all their service, wherein they made them serve with rigor. 15 And the king of Egypt spoke to the Hebrew midwives, of whom the name of the one was Shiphrah, and the name of the other Puah; 16 and he said: 'When ye do the office of a midwife to the Hebrew women, ye shall look upon the birthstool: if it be a son, then ye shall kill him; but if it be a daughter, then she shall live.'

It is most uncharacteristic for a ruler to speak to ordinary midwives unless he is touring a hospital and enters the gynecology area. The answer can be found in the Rashi and Medrash in that his astrologers told me that the Bnei Yisrael will have a Moshiach born unto them in the Age of Pieces and he will lead them out of Egypt. This explains why only the males should be willed and only between a certain age group.


17 But the midwives feared God, and did not as the king of Egypt commanded them, but saved the men-children alive. 18 And the king of Egypt called for the midwives, and said unto them: 'Why have ye done this thing, and have saved the men-children alive?' 19 And the midwives said unto Pharaoh: 'Because the Hebrew women are not as the Egyptian women; for they are lively, and are delivered ere the midwife come unto them.' 20 And God dealt well with the midwives; and the people multiplied, and waxed very mighty. 21 And it came to pass, because the midwives feared God, that He made them houses. 22 And Pharaoh charged all his people, saying: 'Every son that is born ye shall cast into the river, and every daughter ye shall save alive.'


The late Torah Giant Rav Yosef Ber Soleveichik Zal looked over the above section and attributed to the classic and basic form of anti-semitism. The Bnei Yisrael are different than the average Egyptian they believe that Pharaoh is a god and they did not settle in one place and only marry among themselves. The bnei Yisrael were on the borders close to Yisrael and therefore the excuse of Homeland Security was raised and the question of their loyalty seeing that their professions, language and dress were different. How dare they not conform to the standard herd mode? How come they do not consent to group conformity vs. individuality within the context of the group?


2:1 And there went a man of the house of Levi, and took to wife a daughter of Levi.


This is a strange round about language here. Usually and Adam knew Chava, Yitzchak & Rivka, and in the morning Yacov saw that it was Leah, and Yacov married Leah, etc. so why not use Amram and Yocheved?


and married a daughter of Levi: He was separated from her because of Pharaoh’s decree (and he remarried her. This is the meaning of went, that he followed [lit., he went after] his daughter’s advice that she said to him, Your decree is harsher than פַּרְעֹה. Whereas Pharaoh issued a decree [only] against the males, you [issued a decree] against the females as well [for none will be born]. This [comment] is found in an old Rashi), and he took her back and married her a second time. She too was transformed to become like a young woman [physically], but she was [actually] 130 years old. For she was born when they came to Egypt between the חוֹמוֹת and they stayed there 210 years. When they left, Moses was 80 years old. If so, when she conceived him, she was 130 years old, yet [Scripture] calls her a daughter of Levi. [From Sotah 12a, Exod. Rabbah 1:19]


Now you can take this or leave it. The fact that a woman could give birth after the age of 130 would have made sense before the flood. However, after the flood, the life span decrease very much and things would not be so. Was it a miracle or Amram married a cousin that was in a more conforming age group? The fact that she was from the Tribe of Levy; there are plenty of women born into this tribe whom Amram could have married. So either we accept the strange language because of an extra-ordinary circumstances with the birth of the Moshiach (Moshe) or we do not. It is a matter of faith vs. logic.


2 And the woman conceived, and bore a son; and when she saw him that he was a goodly child, she hid him three months. 3 And when she could not longer hide him, she took for him an ark of bulrushes, and daubed it with slime and with pitch; and she put the child therein, and laid it in the flags by the river's brink. 4 And his sister stood afar off, to know what would be done to him. 5 And the daughter of Pharaoh came down to bathe in the river; and her maidens walked along by the river-side; and she saw the ark among the flags, and sent her handmaid to fetch it.


The Commentaries call her Batya meaning daughter of god as Pharaoh was a god and henceforth the name when translated into the Hebrew. There are various Midrashim here from the simple Pshat to the miracle of her arm stretching like the fellow from the fantastic four of the Marvel Comics fame.


6 And she opened it, and saw it, even the child; and behold a boy that wept.


He was an infant and wept like an older boy and she saw this as a good omen. She was also childless. (it is unknown if she had a relationship with her father like many of the daughters and Pharaohs had throughout history and in breeding. Hence Pharaoh might not have thought differently.


And she had compassion on him, and said: 'This is one of the Hebrews' children.' 7 Then said his sister to Pharaoh's daughter: 'Shall I go and call thee a nurse of the Hebrew women, that she may nurse the child for thee?' 8 And Pharaoh's daughter said to her: 'Go.' And the maiden went and called the child's mother. 9 And Pharaoh's daughter said unto her: 'Take this child away, and nurse it for me, and I will give thee thy wages.' And the woman took the child, and nursed it.


Moshe refused to nurse from a non-kosher mother according to our commentaries. Halachically there is nothing wrong with this any more that eating a tomato grown in pig or camel fertilizer. I am only the messenger of the Sages on this one. THE MAIN POINTS TO NOTE IS THAT G-D HAD THE MOSHIACH THAT PHARAOH FEARED GROWN UP IN HIS OWN HOUSE AS A PRINCE. THE MOTHER OF THE BABY RECEIVED A SALARY FOR NURSING HIM.


10 And the child grew, and she brought him unto Pharaoh's daughter, and he became her son. And she called his name Moses, and said: 'Because I drew him out of the water.'


The question arises how does she conceal the child from the Egyptian soldiers? The mother has a ringlet given her by the princess, perhaps a papyrus and maybe even a military guard to protect the new prince. With this the soldiers had no reason to question the existence of a baby. Also as soon as Moshe had been taken out of the Nile by Pharaoh’s daughter, the river turned to blood and the wise men told Pharaoh the Moshiach had been thrown into the water and was no longer alive in the water. The decree was rescinded at this point.


11 And it came to pass in those days, when Moses was grown up, that he went out unto his brethren, and looked on their burdens; and he saw an Egyptian smiting a Hebrew, one of his brethren. … 18 And when they came to Reuel their father, he said: 'How is it that ye are come so soon to-day?' 19 And they said: 'An Egyptian delivered us out of the hand of the shepherds, and moreover he drew water for us, and watered the flock.'


Two points that I want to make at this time. 1) Note the name of Yisro here is Reuel. 2) Moshe is known as an Egyptian. When the ingathering started in Eretz Yisrael over time, Jews were called by their country of origin. He is a Canadian, a Polish Yid, A Yeke (German), a Litvak, Russian, American, British, Irish, etc. What is funny that often in their country of origin such as Algeria, Tunisia, Morocco, Romania, etc. did not want them or called them names if not out and out pogroms on the Jews and now the Jew was treated as if he was the Ambassador from that country.


… 3:1 Now Moses was keeping the flock of Jethro his father-in-law, the priest of Midian;


Second name and standard name given unto Yisro is mentioned here.


… 19 And I know that the king of Egypt will not give you leave to go, except by a mighty hand. 20 And I will put forth My hand, and smite Egypt with all My wonders which I will do in the midst thereof. And after that he will let you go. 21 And I will give this people favor in the sight of the Egyptians. And it shall come to pass, that, when ye go, ye shall not go empty; 22 but every woman shall ask of her neighbor, and of her that sojourns in her house, jewels of silver, and jewels of gold, and raiment; and ye shall put them upon your sons, and upon your daughters; and ye shall spoil the Egyptians.'


… 4:18 Moses went and returned to Jether, his father in law, and he said to him, "Let me go now and return to my brothers who are in Egypt, and let me see whether they are still alive." So Jethro said to Moses, "Go in peace." Note the third name of Yisro given in this Parsha and all in all, our Sages tell us that he had seven names as the Medrash indicates.


and said unto him: 'Let me go, I pray thee, and return unto my brethren that are in Egypt, and see whether they be yet alive.' And Jethro said to Moses: 'Go in peace.' 19 And the LORD said unto Moses in Midian: 'Go, return into Egypt; for all the men are dead that sought thy life.' 20 And Moses took his wife and his sons, and set them upon an ass, and he returned to the land of Egypt; and Moses took the rod of God in his hand.


He starts his journey with Tzipporah and the boys and somehow she returns home sometime between his meeting Aaron and the entrance into Egypt.


21 And the LORD said unto Moses: 'When you go back into Egypt, see that thou do before Pharaoh all the wonders which I have put in thy hand; but I will harden his heart, and he will not let the people go. 22 And thou shalt say unto Pharaoh:


Will the first born son of G-D please make yourself known. Actually, the L-RD provided this knowledge. Thus says the LORD: Israel is My son, My first-born. 23 And I have said unto thee: Let My son go, that he may serve Me; and thou hast refused to let him go. Behold, I will slay thy son, thy first-born.'


-- 24 And it came to pass on the way at the lodging-place, that the LORD met him, and sought to kill him. 25 Then Zipporah took a flint, and cut off the foreskin of her son, and cast it at his feet; and she said: 'Surely a bridegroom of blood art thou to me.' 26 So He let him alone. Then she said: 'A bridegroom of blood in regard of the circumcision.'

It seems to be that Moshe postponed the bris because he was traveling through the desert with Tzipporah and therefore wanted to do the bris at the first acceptable spot where he could heal for a few days as Moshe knew the tradition about “on the third day” as Rashi mentioned with the bris of Avraham.


27 And the LORD said to Aaron: 'Go into the wilderness to meet Moses.' And he went, and met him in the mountain of God, and kissed him.


5:1 And afterward Moses and Aaron came, and said unto Pharaoh: 'Thus says the LORD, the God of Israel: Let My people go, that they may hold a feast unto Me in the wilderness.' 2 And Pharaoh said: 'Who is the LORD, that I should hearken unto His voice to let Israel go? I know not the LORD, and moreover I will not let Israel go.' … 22 And Moses returned unto the LORD, and said: 'Lord, wherefore hast Thou dealt ill with this people? why is it that Thou hast sent me? 23 For since I came to Pharaoh to speak in Thy name, he hath dealt ill with this people; neither hast Thou delivered Thy people at all.'


6:1 And the LORD said unto Moses: 'Now shalt thou see what I will do to Pharaoh; for by a strong hand shall he let them go, and by a strong hand shall he drive them out of his land.'


Mitzvos and Halachos from Danny Shoemann


It's a Mitzva to eat Matza on the first night of Pessach. Matza can only be made from the "5 grains", traditionally translated as "wheat, barley, spelt, oats and rye".
If a child is old enough to eat Matza, there's a Mitzva to educate him in the Mitzva and feed him some. By Rabbinic decree one is forbidden to eat Matza on Erev Pessach, in order to have an appetite for it at night. Applies to everybody, everywhere on Seder night. Verse: "On that night you shall eat Matza" (Shemos 12:18)
Source: The Chafetz-Chaim's Sefer HaMitzvos HaKatzar; Positive Mitzvah 23


A husband is forbidden to deny his wife her Torah-given rights: food, clothes and conjugal rights. One who denies his wife any of these has transgressed. By Rabbinic decree a husband owes his wife another 7 rights, as needed: Her Ketubah, medical attention, redeeming her from captivity, a decent burial, the use of his estate as long as she's widowed, her daughters' use of the estate until they get married, her dowry get bequeathed only to her descendants. Applies to husbands, everywhere, always - Verse: "He may not deny his wife her food, clothing and conjugal rights" (Shemos 21:10)
Source: The Chafetz-Chaim's Sefer HaMitzvos HaKatzar; Prohibition 42


It is forbidden to hit another Jew. This is learned from the prohibition of Bet Din to give more than 39 lashes. One who strikes another Jew needs to compensate him. If the compensation is less than a Peruta (a few cents) then Bet Din give him 39 lashes instead. One who lifts his hand to strike a fellow Jew - even if he didn't strike - is called "wicked". Parents and teachers, who hit their children and students for educational purposes when appropriate, do not transgress this Mitzva.
Applies to everybody, everywhere, always-Verse: "Do not strike him more" (Devarim 25:3) Source: The Chafetz-Chaim's Sefer HaMitzvos HaKatzar; Prohibition 43


It is forbidden to strike one's father or mother. One who strikes a parent and wounds them deserves to get put to death by Bet Din by strangulation. Drawing blood for medical purposes from parents is forbidden unless there is nobody else competent available. This prohibition is besides the prohibition of striking any Jew - even without wounding them. Applies to everybody, everywhere, always - Verse: "One who strikes his father or mother shall be killed" (Shemos 21:15) Source: The Chafetz-Chaim's Sefer HaMitzvos HaKatzar; Prohibition 44



Cursing another Jew is forbidden; even one who doesn't hear the curse or who cannot hear the curse. One may not even curse oneself. One who curses another using the name of G-D - even in English - deserves 39 lashes from Bet Din. Applies to everybody, everywhere, always - Verse: "Do not curse the deaf" (Vayikra 19:4)
Source: The Chafetz-Chaim's Sefer HaMitzvos HaKatzar; Prohibition 45


One must stand up for a Torah Scholar even if he's young. One must stand up for people over seventy years old even if they're not Torah Scholars, so long as they're not wicked. Even non-Jews over 70 deserve some show of respect. Source: Kitzur Shulchan Aruch 144: 2


It's a Mitzva to review the week's Torah Reading by reading it twice in the original and once with the (Aramaic) Onkelos translation. One who doesn't understand (or appreciate) Onkelos may instead read Rashi or even an English translation. One may already start on Sunday, and one should finish before the Torah is read on Shabbat morning. Source: Kitzur Shulchan Aruch 72:11


Tefilat HaDerech - the traveler's prayer - cannot be said before one has left the city limits; defined as 70 and ⅔ Amos (~35 meters / 115 feet) after the last house.
Preferably it should be said one "Miel" (~1 Km / ~0.6 miles) from the city limit. If you're overnighting on a multi-day trip, you can say Tefilat HaDerech before leaving for the day. Source: Kitzur Shulchan Aruch 68:1


One does not say Tefilat HaDerech unless the trip is one Parsa (~4 Km / ~2.5 miles) long - outside the city. Preferably Tefilat HaDerech should be said during the first Parsa of the journey. If forgotten, Tefilat HaDerech can be said as long as one still has at least one Parsa to travel before one's destination city or overnight resting place. Source: Kitzur Shulchan Aruch 68:2


If possible, one should not travel more than 3 Parsa on Fridays, unless one is sure that Shabbat preparations are ready at ones destination. (A Parsa is either ~4 Km or the time to travel ~4 Km by foot, which is assumed to be 72 minutes. Thus on Fridays one should not undertake trips longer than 3.5 hours unless one is sure that Shabbat preparations are ready at one's destination.) It's important to plan one's trip such that even with unexpected heavy traffic one arrives at one's destination long before candle-lighting, so that one has time to wash up before lighting. Source: Kitzur Shulchan Aruch 68:11 ONE MUST TRY HIS UTMOST TO PLAN A FLIGHT IF SCHEDULED FOR ARRIVING EREV SHABBOS THAT THE ARRIVAL TIME IS MORE THAN 6 TO 8 HOURS BEFORE SHABBOS IN THE CITY OF HIS DESTINATION AS FLIGHTS CAN BE DELAYED OR DIVERTED TO OTHER AIRPORTS AND THEN ONE MUST HAVE TIME TO TRY TO CONTACT ANOTHER JEW FOR HOUSING OR PURCHASE FOOD FOR SHABBOS.



==> Rosh Chodesh Shvat is next Shabbat. <==
Shabbat Shalom uMevorach, - Danny


Military rabbis: Refuse orders that go against Halacha:



Senior retired military rabbis release unprecedented statement calling on soldiers to refuse orders that go against Jewish Law; say such refusal is legitimate, rooted in IDF commands


Senior ranking retired military rabbis have called on Israel Defense Forces soldiers to refuse orders that go against Halacha. In an unprecedented statement released Wednesday, they declare their loyalty to the stand of former Chief Military Rabbi Shlomo Goren, and call on serving rabbis to follow his example and instruct soldiers in their units to do the same.


Signatories of the statement include former Military Rabbis Harel Yosef (deputy chief rabbi), Haniel Farber (Education Corps), Avshalom Katzir (Air Force), Shlomo Graverchik (Home front Command), Yosef Wasserman (Ground Forces) and Meir Kaler (Navy), who asserted that they spoke for "all rabbis and religious officers."


The document, distributed by the Lahav Fund for Strengthening Judaism in the IDF in which the rabbis are involved, claimed that "there are clear guidelines regarding orders that go against Halacha."


They quote from the IDF's standing orders, noting, "A commander that gives an order that desecrates Shabbat (clearly this means any order that goes against Halacha) must coordinate this in advance with the military rabbi. If it has not been coordinated, the soldier must clarify with his commander if failure to carry out the command could be detrimental to security, and if he is convinced that the command goes against Halacha he must not carry it out." "Otherwise, carrying out the command that goes against halacha is recognized to be just like any other illegal command," the rabbis conclude. They also assert that advisors and other professionals such as doctors can take a similar stand, and that doctors' orders are binding on commanders. "It must not be thought that there is a contradiction between a doctor's order and that of a commander."


Regarding the case in which soldiers in the elite combat regiment Kfir waved signs calling on soldiers to refuse orders, and the crisis between the IDF and the Har Bracha Yeshiva, the rabbis wrote: "We protest the unrelenting attacks against the hesder yeshiva and the defense minister's far-reaching treatment of the issue in deciding to remove the Har Bracha Yeshiva from the IDF." The rabbis claim that this was a case of incitement against the yeshivas and their students, and that it must cease immediately.” As a rule, we believe that there is no place for this kind of protest in the IDF, but the hesder yeshiva rabbis do not encourage this, and it is clear that the defense minister is taking internal political needs into account. In the framework of our military service, we have dealt with and assisted hesder yeshiva soldiers and religious soldiers, and stood by their side as much as we could. By all accounts, these soldiers are highly regarding in the IDF – in all units and in all ranks."


The rabbis end their statement with a direct call to the IDF: "We demand that the security services and their leaders act according to orders anchored in the IDF as legal military commands, that they do not infringe clear written commands that have been followed since the IDF was founded, and that they enable religious soldiers to follow their religious obligations according to the Torah and halacha." http://www.ynetnews.com/articles/0,7340,L-3827988,00.html


This story from Rabbi A.L. may or may not be true.


It is entitled “What you sow you reap”; it is the Talmudic Principle of “Meda kenegged Meda”.

The man slowly looked up. This was a woman clearly accustomed to the finer things in life. Her coat was new. She looked like she had never missed a meal in her life. His first thought was that she wanted to make fun of him, like so many others had done before.

"Leave me alone," he growled.... To his amazement, the woman continued standing. She was smiling -- her even white teeth displayed in dazzling rows.

"Are you hungry??" She asked.

"No," he answered sarcastically. "I've just come from dining with the President... Now go away."

The woman's smile became even broader.

Suddenly the man felt a gentle hand under his arm. "What are you doing, lady??" The man asked angrily. "I said to leave me alone.

Just then a policeman came up... "Is there any problem, ma'am??' He asked....

"No problem here, officer," the woman answered. "I'm just trying to get this man to his feet. Will you help me??"

The officer scratched his head. "That's old Jack. He's been a fixture around here for a couple of years... What do you want with him??"

"See that cafeteria over there??" She asked. "I'm going to get him something to eat and get him out of the cold for awhile."

"Are you crazy, lady??" The homeless man resisted. "I don’t want to go in there!!" Then he felt strong hands grab his other arm and lift him up. "Let me go, officer. I didn’t do anything...”

"This is a good deal for you, Jack," the officer answered. "Don't blow it."

Finally, and with some difficulty, the woman and the police officer got Jack into the cafeteria and sat him at a table in a remote corner. It was the middle of the morning, so most of the breakfast crowd had already left and the lunch bunch had not yet arrived.

The manager strode across the cafeteria and stood by his table. "What's going on here, officer??" He asked. "What is all this, is this man in trouble??"

"This lady brought this man in here to be fed," the policeman answered.

"Not in here!!" The manager replied angrily. "Having a person like that here is bad for business."

Old Jack smiled a toothless grin. "See, lady. I told you so. Now if you'll let me go. I didn't want to come here in the first place."

The woman turned to the cafeteria manager and smiled. "Sir, are you familiar with Eddy and Associates, the banking firm down the street??"

"Of course I am." The manager answered impatiently... "They hold their weekly meetings in one of my banquet rooms."

"And do you make a goodly amount of money providing food at these weekly meetings??"

"What business is that of yours??"

I, sir, am Penelope Eddy, President and Chief Executive Officer of the company."

"Oh...”

The woman smiled again. "I thought that might make a difference." She glanced at the cop who was busy stifling a laugh. "Would you like to join us in a cup of coffee and a meal, officer??"

"No thanks, ma'am," the officer replied. "I'm on duty."

"Then, perhaps, a cup of coffee to go??"

"Yes, ma'am. That would be very nice."

The cafeteria manager turned on his heel. "I'll get your coffee for you right away, officer."

The officer watched him walk away. "You certainly put him in his place," he said. "That was not my intent... Believe it or not, I have a reason for all this."

She sat down at the table across from her amazed dinner guest. She stared at him intently.

"Jack, do you remember me??"

Old Jack searched her face with his old, rheumy eyes.... "I think so -- I mean you do look familiar."

"I'm a little older perhaps," she said... "Maybe I've even filled out more than in my younger days when you worked here, and I came through that very door, cold and hungry."

"Ma'am??" the officer said questioningly. He couldn't believe that such a magnificently turned out woman could ever have been hungry.

"I was just out of college,” the woman began. "I had come to the city looking for a job, but I couldn't find anything. Finally I was down to my last few cents and had been kicked out of my apartment... I walked the street for days. It was February and I was cold and nearly starving. I saw this place and walked in and the off chance that I could get something to eat."

Jack lit up with a smile. "Now I remember," he said. "I was behind the serving counter. You came up and asked me if you could work for something to eat. I said that it was against company policy."

"I know," the woman continued. "Then you made me the biggest roast beef sandwich that I had ever seen, gave me a cup of coffee, and told me to go over to a corner table and enjoy it. I was afraid that you would get into trouble. Then, when I looked over and saw you put the price of my food in the cash register, I knew then that everything would be all right."

"So you started your own business??" Old Jack said.

"I got a job that very afternoon. I worked my way up. Eventually I started my own business that, with the help from G-D, prospered..." She opened her purse and pulled out a business card. "When you are finished here, I want you to pay a visit to Mr. Lyons. He's the personnel director of my company I’ll go talk to him now and I'm certain he'll find something for you to do around the office." She smiled. "I think he might even find the funds to give you a little advance so that you can buy some clothes and get a place to live until you get on your feet. If you ever need anything, my door is always open to you."

There were tears in the old man's eyes. "How can I ever thank you??" He asked. "Don't thank me," the woman answered. "To G-D goes the glory. He led me to you."

Outside the cafeteria, the officer and the woman paused at the entrance before going their separate ways. "Thank you for all of your help, officer," she said.

"On the contrary, Ms. Eddy," he answered. "Thank you. I saw a miracle today, something that I will never forget. And...and thank you for the coffee."

Have a wonderful day. May G-D bless you always and don't forget that when you "cast your bread upon the waters," you never know how it will be returned to you. G-D is so big He can cover the whole world with his Love and so small. He can curl up inside your heart.


As promised, Inyanay Diyoma will only speak of topics related in some way to the war of Gog and Magog.


From Pamela: http://atlasshrugs2000.typepad.com/atlas_shrugs/2010/01/entering-the-jihad-decade.html



The toothless, clawless paper tiger called the USA: http://www.debka.com/headline.php?hid=6450


"UPRISING PLANNED TO TARGET 'WEST BANK' JEWS by Aaron Klein
Violent campaign comes amid U.S. pressure for Israel to evacuate territory forwarded with Commentary by Emanuel A. Winston, Mideast Analyst & Commentator


This sounds like a planned re-play of the start-up of Yassir Arafat’s first Intifada after the Oslo Accords were signed and 7 cities in Judea and Samaria were surrendered to Arafat. I always believed and I wrote that the First Intifada was a "Riot Trap" to advance the abandonment of Judea, Samaria, Gaza and the Golan Heights and most of Jerusalem. It was guided by Yitzhak Rabin, Shimon Peres, Arafat and the CIA as follows: Rabin went to Washington to meet then President George Herbert Walker Bush to plead for more American pressure on Israel to push for evacuation of Judea, Samaria and Gaza. Peres went to France to meet with the President of France and then on to England to meet then Prime Minister Margaret Thatcher - to get both to pressure Israel for the ultimate surrenders - same agenda. Both Rabin and Peres needed a high profile action event to make their case and the "coincidental Riot Trap" that Arafat gave them was the First Intifada. It started in Rafah, a town half in Israel and half in the Sinai Desert, earlier surrendered to Egypt by PM Menachem Begin.


As the "First Intifada" built in violence, both Rabin and Peres refused to return to Israel, giving the uprising sufficient time to build - thereby assisting their mission to get America, France and England to force Israel to abandon more land in useless gestures of "withdrawal".


The idea was to demonstrate that outside foreign pressure was needed to bring peace to the Middle East by "pacifying" Arafat and the Muslim Arab nations. That Leftist trick has been repeated several times since then and now under Abbas, Netanyahu and Obama.


Since Arafat was in contact with Rabin, Peres and the U.S. Arabist State Department, no doubt with the deft hand of the CIA (which was excellent at starting insurrections anywhere in the world, the "Intifada" grew and grew - as planned.


Strangely, on the Egyptian side of the border in Rafah, the Muslim Arab Palestinians were also rioting. The Egyptians sent in several of their Army trucks. They dropped their tailgates and displayed 50 caliber machine guns. They raked the rioters with live ammunition. When the street was littered with dead Muslim Arab Palestinians, they closed up and drove away, leaving the dead right where they were. That ended the Intifada rioting on the Egyptian side of the border.


In the meantime, Rabin and Peres stayed on in America, France and England, refusing to return to stop the Intifada on the Israeli side of the border. If that was the plan they conspired by colluding with Arafat, with possible CIA overview, it worked. Of course, Rabin and Peres had crossed the line if they were knowing participants into the murky realm of "High Treason".


Since they controlled the Israeli Government as her leading officials, there was no follow-on investigation or questioning. The low-level start-up of an "Uprising" mentioned in the following Aaron Klein article is suspiciously like the earlier start-up of Arafat’s first "Intifada".


Only, this time, we hear from the current Defense Minister Ehud Barak, stating that there is increased "Terror" in Judea and Samaria (pejoratively called the "West Bank") which is linked with the Netanyahu, Barak, Obama plan to drive the Jews out of Judea, Samaria, (Gaza is already gone), all of Jerusalem that Jordan occupied and desecrated for 19 years from 1948 to 1967, the Golan Heights and the Jordan Valley.


If the First Intifada plan worked once, why not try it again? Many of the same traitors are still around and in power. President Barack Hussein Obama has already given the "green light" to advance hostilities against Israel - so an Abu Mazen Intifada is to be expected.


COMMENTARY BY EMANUEL A. WINSTON

###


'UPRISING’ PLANNED TO TARGET ‘WEST BANK’ JEWS by Aaron Klein

Violent campaign comes amid U.S. pressure for Israel to evacuate territory
© 2009 WorldNet Daily Posted: December 27, 2009


JERUSALEM - The Palestinian Authority has decided to support and encourage a "low-level" popular uprising in the strategic West Bank, according to Palestinian and Jordanian intelligence sources.


The decision comes at a time of increased international pressure, including from the Obama administration, for Israeli-Palestinian talks aimed at an eventual Israeli withdrawal from most of the West Bank. The determination also comes as Prime Minister Benjamin Netanyahu's government has been enforcing a 10-month freeze on Jewish West Bank construction in line with U.S. demands.


The Palestinian and Jordanian sources told WND the decision empowers local leaders of PA President Mahmoud Abbas' Fatah organization to lead what would be viewed as a "popular struggle" of Palestinians protesting as well as throwing stones, rocks and Molotov cocktails at Israeli soldiers and Jewish residents of the West Bank.


The "struggle" would be concentrated against Israeli West Bank communities, anti-terror checkpoints and an Israeli security fence that snakes alongside the West Bank.


According to the Palestinian and Jordanian sources, a PA committee has been studying how to best support and finance the "popular struggle." The sources said that for now the PA has decided against "higher-level" terrorist attacks, such as roadside shootings or suicide bombings.


Just yesterday, a young Israeli woman was moderately wounded when Palestinians hurled a firebomb at the bus in which she was riding south of the West Bank biblical city of Hebron.


Also yesterday, some 20 Palestinian demonstrators clashed with Israel Defense Forces soldiers stationed in Hebron, with one soldier lightly wounded after a Palestinian protestor bit him.


Last week, Rabbi Meir Avshalom Chai, a 40-year-old West Bank Jewish teacher and father of seven, was murdered in a shooting attack on a road near his home, in an area where Israel had recently lifted a roadblock restricting Palestinian movement.


According to sources inside the PA speaking to WND, the Palestinian Authority was against the shooting of Chai, which they said was financed by the Iranian-backed Hizballah militia in Lebanon.


Indeed, according to Israeli security officials speaking to WND, Israel has specific information that Kais Obeid, a Hizballah militant in Lebanon, directed and financed Chai's murder. Obeid was also responsible for the 2000 kidnapping of Israeli businessman Elhanan Tannenbaum, who was released by Hizballah in a 2004 prisoner exchange. Obeid is an Israeli Arab who crossed the border into Lebanon and joined with Hizballah in the 1990s.


Over the weekend, an Israeli raid killed three Fatah terrorists that Israel says were responsible for Rabbi Chai's murder and were, according to Israeli sources speaking to WND, directed by Obeid.


###

http://www.wnd.com/index.php?fa=PAGE.view&pageId=120236


EGYPT, SAUDIS SECRETLY DRAFT PALESTINIAN STATEHOOD MOTION FOR SECURITY COUNCIL DEBKAfile forwarded with

Commentary by Emanuel A. Winston, Mid East analyst & commentator


Although the following expose’ of a plan being drafted as a "fait accompli" is no doubt true, what makes us think that Netanyahu, Barak and President Barack Hussein Obama, as well as the U.S. State Department, are not part of the planning to force another Muslim Arab Palestinian State, then pretending they knew nothing about the plan? Clearly, this is a hunting license to officially put Israel into the targeting sights of the U.N., U.S., E.U., and Russia while legitimizing Islam’s War against the Jewish State.

Then they could claim complete surprise and say there is nothing to be done - because the U.N. Security Council had voted on it. If Obama does NOT veto the decision for unilateral Palestinian Statehood, Israel will be hassled by the U.N. with sanctions.

As a pre-example, we observe Britain initiating embargoes against products from Judea and Samaria, including attempts by British academic Leftists Unions to sever relationships with Israeli research institutions.

Perhaps it would be better if Israel simply withdrew from that useless amalgam of corrupt nations called the United Nations.

If I were looking for fingerprints of who would be likely to participate in this insidious plan, I would look for James Baker III, Martin Indyk, Dennis Ross, Aaron David Miller, Dan Kurtzer, Shimon Peres - plus the Kadima faction of Tzipi Livni, the Labor faction of Ehud Barak - among the other Leftists and Israel haters - all under the umbrella of bringing "Peace".

The last two lines in the Debka article says it all!!

COMMENTARY BY EMANUEL A. WINSTON

###


EGYPT, SAUDIS SECRETLY DRAFT PALESTINIAN STATEHOOD MOTION FOR SECURITY COUNCIL DEBKAfile Exclusive Report December 24, 2009

Jerusalem today

DEBKAfile's Middle East sources report that Egypt, Saudi Arabia, the Gulf emirates and the Palestinian Authority are secretly drafting a UN Security Council motion granting Palestinian statehood within the pre-1967 war borders of the West Bank and Gaza Strip with Jerusalem its capital. This group is working under tight wraps, using diversionary tactics, to keep the US and Israel from discovering their scheme. Libya, or if it is elected to the Security Council, Lebanon will table the motion.

Saudi King Abdullah, President Hosni Mubarak and Mahmoud Abbas have decided that if the US vetoes their resolution, Abbas will resign down finally as chairman of the Palestinian Authority and his place will not be taken by any member of his administration. Abbas keeps on saying his decision to resign is irrevocable with this development in mind and the dilemma it will pose Washington and Jerusalem: According to the Palestinian constitution, the Speaker of the Palestinian legislature, Dr. Abdel Aziz Duaik, of Hamas, fills the absent chair.

However, according to our sources, the three Arab leaders are banking on the US being constrained from voting against the motion by president Barack Obama's avowed support for Palestinian statehood - albeit omitting to predetermine its borders. The Americans may simply abstain, leaving 10-12 Security Council members out of 15 to carry the resolution. Abdullah, Mubarak and Abbas are counting on their resolution carrying the same huge impact as the Nov. 27, 1947 UN vote approving the establishment of two states in partitioned Palestine. They believe it will put an end once and for all to discussions on the future borders of a Palestinian state; any Israeli presence across the 1967 boundaries, civilian or military, will be illegal and in clear breach of an explicit Security Council resolution.

This move has sent Abbas on extensive travels in recent months with frequent side-trips to Riyadh and Cairo. It was also discussed during Mubarak's visits to the Gulf this week.

The Palestinian leader, our sources report, has secured endorsement pledges from Russia, China, France and Britain, as well as the African, South American and Asian representatives on the Security Council.

According to DEBKAfile's Jerusalem sources, the Netanyahu government shows no signs of anticipating this hostile diplomatic gambit and the foreign ministry does not appear it is ready to pre-empt it or fight back.


Yemen and Gaza: http://www.debka.com/headline.php?hid=6447


Will HASHEM save us from our leaders through this: http://www2.debka.com/article.php?aid=1416


Course in History: http://networkedblogs.com/p23217651


Monique: The Arab farmers who don’t hate us: http://www.ireport.com/docs/DOC-279707


From Barbara, Islam the religion of peace makes a pogrom in Egypt. http://9-11domorethenneverforget-stopislam.blogspot.com/2010/01/christians-gunned-down-in-egypt-at.html


Sent to me by Yosef and written by Sammy a real house Yid: http://yidwithlid.blogspot.com/2009/12/obamas-anti-israel-j-street-controlled.html


The Ayatollah may flee Iran for his life: http://www.israelnationalnews.com/News/News.aspx/135423


THE FOLLOWING IS FROM E. WINSTON. Nitsana is a neighbor of mine and I have often mentioned and driven on road 443 along with my children and grandchildren.


ROAD TO NOWHERE by Nitsana Darshan-Leitner forwarded with commentary by Emanuel A. Winston, Middle East Analyst & Commentator


Once again, the Israeli Court system has abused its powers and shown its Left wing bias in opening the main artery 443 to Muslim Arab Palestinian traffic despite the well-established history as a target for Terrorists. Once again, this biased Court proves its judges and the system is so unalterable corrupt, so Left-Leaning that it no longer a Court of Justice but a voice for Muslim Arab Palestinian goals to eliminate the Jewish State.


This Court is the legacy of the now retired Supreme Court Judge Aharon Barak, a well-known Leftist and an activist Judge who formed the Court into a political Leftist Judiciary. Clearly, the Knesset should introduce a bill to dismiss the Supreme Court and the lower Courts who have demonstrated extreme bias against the Jewish nation having become a clear-and-present danger to the lives of Jewish Israelis.


Every scintilla of evidence, past and present, that Muslim Arab Palestinians are a mortal threat to the Jewish Nation/State has been ignored by this Court, now controlled by the radical Leftist Judge Dorit Beinish, selected by the similarly Leftist Aharon Barak demonstrates that this Court lacks credibility when it come to protecting Jews.


Obviously, this Court should be shut down and new Judges offered for the posts through elections. The current corrupt system where the Supreme Court selects its own replacements who reflect their Leftist bias is not only undemocratic but, it is very dangerous - especially to the victims who are deliberately exposed to the Muslim Arab Palestinian Terrorists.


As for the current Israeli government opening Route 443 to Muslim Arab Palestinian Terrorists and their up-coming victims who those Judges victimized by unleashing more Muslim Terror on Rt. 443, should share the pain in a Nuremberg Tribunal and be similarly sentenced as were those guilty of crimes against the Jewish people and all humanity.


Israel has been forced into ongoing war with the Muslim Arab "Jihadists" and colluding with them through judiciary proceedings, using a biased, corrupt Court system should be judged High Treason by their peers.


A Court system that is inextricably tied to a Leftist political ideology constitutes itself as an actual political system. The Knesset must reclaim their authority which has been stripped away by a Leftist Activist Court, which became more radically Left under Aharon Barak and now Dorit Beinish and other collaborating Leftist Judges.

Commentary by EMANUEL A. WINSTON

###


ROAD TO NOWHERE by Nitsana Darshan-Leitner, Jerusalem Post Jan. 4, 2010
http://www.jpost.com/servlet/Satellite?cid=1262339393759&pagename=JPArticle%2FShowFull



Last week's High Court ruling opening part of Route 443 to Palestinian traffic has set off a firestorm of criticism in Israeli political circles.
In a 38-page decision, the court ruled that by keeping Palestinians off the road, which winds through post-1967 lands on the northwest approach to Jerusalem, the army unfairly discriminated against local Palestinians who should be allowed to use it, fostering among them a
"sense of inequality and even associations of improper motives."


The court ordered the army to find "another solution" that would avoid the "sense of discrimination" that the closure entails. While the ruling may at first sound both reasonable and fair, it is in practicality neither and will result in the deaths of additional Israelis.

FIRST, THE history. The IDF's security concerns are far from theoretical. Beginning with the second intifada in 2000, Palestinian terrorists found in 443 an easy target for shootings and other deadly attacks. In just eight months, from December 2000 to August 2001, six Israelis were murdered, and many more wounded, on that very road. The villagers who would use the road today are those who knowingly harbored these terrorists and provided them with an easy escape route. This is why the road was closed to Palestinian traffic in the first place.


Although the Palestinians have failed to mount deadly attacks on 443 since the road was closed to them in 2002, it is not for lack of trying. In the last few years, the IDF has recorded hundreds of violent attacks, from throwing rocks and Molotov cocktails to shootings, along Route 443. Just last month, the army defused a massive roadside bomb along the road. Even with the closure, 443 remains one of the most vulnerable highways to terror.


Second, the road itself. Route 443 is no side street. It is one of the two major arteries connecting Jerusalem with the rest of the country. For many of the more than 100,000 residents living along the stretch from Modiin to the northern neighborhoods of Jerusalem, it is the only way to get to and from work each day. Although a small part of the road goes through post-1967 territory, the people who use the road are not "settlers,"
but ordinary Israelis, Arabs and Jews, living their lives.


A great deal of Israelis' sense of day-to-day safety rests on the ability of the army to keep the Palestinians away from the daily lives of ordinary Israeli citizens. The court may consider this discriminatory, but there are good reasons we feel uncomfortable seeing green-and-white license plates on the road beside them: It is from these cars, licensed and registered with the Palestinian Authority, that the drive-by shootings come - like the one that killed Meir Chai, 45, a father of seven, outside Shavei Shomron last week; or like the attacker who popped out of such a car two weeks ago and stabbed Ayala Margalit, 22, as she stood at a bus stop in Gush Etzion. The court's ruling will dramatically undermine the sense of physical security of thousands of Israelis each day.


BUT THE third, and possibly most important, context is that of the High Court's other rulings concerning Judea and Samaria in the last few years. Through a long string of decisions, the court has repeatedly and incrementally cut away from the government's ability to safeguard Israelis from Palestinian terror - whether by repeatedly rerouting the security fence, always to Israel's disadvantage, or by limiting the abilities of soldiers to defend themselves or by interfering with the demolition of the homes of Arab terrorists.


The court claims that these rulings are based on what is known as the
"reasonability"
test, in which the justices assert the right to overrule any government action they deems unreasonable. When the court started using this test in the 1990s, critics warned that it would inevitably lead to judges imposing their ideology on the country, and replacing their judgment for that of elected officials - a slap in the face to democratic rule, according to which it is the voters, not the unelected judges, who ultimately decide whether their leaders are doing a reasonable job. The 443 ruling proves, again, that the critics were right.


As an attorney for some of the respondents in the 443 petition, 120 residents of communities like Modiin, Chashmonayim, Givat Ze'ev and Ramot, and in several other security related petitions to the High Court, it is clear to me that it is always Israel that loses, step by step, control over land whose future would rightfully be left for the parties to negotiate over - effectively creating facts on the ground that will prejudice the
outcome in favor of the court's conspicuously ideological bent. The ruling is another step in a prolonged process in which the High Court, salami-style, predetermines the country's future borders, without negotiations, without respect for the democratic process.


BY INSISTING that the feelings of equality of a small number of Palestinians trump the feelings of physical security of a large number of Israelis, it is the court that is fostering a
"sense of discrimination," not the IDF. And though the court's decision asserts that the IDF "went beyond its authority" in preserving 443 as an access road for Israelis traveling to and from Jerusalem, it is the court that has gone beyond its authority, in intervening in reasonable judgment calls that are the job of elected officials to make. Even if one argued that since the Palestinians don't vote in Israeli elections, sometimes the courts need to get involved in protecting them from IDF abuse, this should only be done in the most egregious cases.


Now the judges have ruled, and we all know who will pay the price: Some Israeli on his or her way to work, targeted by terrorists who will take
advantage of their new, easy access to Route 443, and make their quick getaway.


Blood will be shed, and then, one way or another, the road will be closed again. Why go there?

The writer is the director of Shurat HaDin - Israel Law Center.


On Jan. 6th, Gil Ronen of Arutz Sheva wrote: The High Court should refrain from intervening in matters of national defense, according to Adv. Nitzana Darshan-Leitner, Chairwoman of legal NGO Shurat HaDin. Leitner came out in support of a law proposed by MK Yacov Katz (National Union) that would prevent the High Court from interfering in security questions, in cases like the recent decision on opening Highway 443 for Palestinian Authority Arab traffic.


"Judges lack knowledge in certain fields and they usually consult experts on matters of medicine or construction,” she noted in an interview with Arutz Sheva's Hebrew service. “But for some reason, when it comes to security matters, the judges do not ask for expert opinions and they make up their minds on their own, despite having no professional knowledge.”


The judges have “no right” to make decisions with security implications, Adv. Leitner emphasized. “In the verdict regarding [Highway 443 they explicitly said that they do not know the best way to protect passengers' lives. So how, then, could they announce that the road would be opened? I am concerned that their desire to publish a verdict that conforms with a certain mindset causes them to take decisions without an [expert' opinion.”


Adv. Leitner noted that the High Court is a “fast and simple” framework for discussing appeals and does not use interrogations and counter-interrogations of witnesses. Therefore, she explained, “the High Court cannot put itself in the shoes of the IDF and its commanders. They are the ones who will determine what the security needs of the citizens of the State of Israel are. They have studied this field and unfortunately, the judges are not well versed in it.”


Wishing you all a restful and peaceful Shabbos also stay healthy,

Rachamim Pauli