DVAR TORAH
In this week’s parsha, we read, once again of the third form of tithes offered by a farmer upon harvesting his crops.
The first, the “maaser rishon,” was the tithe that was taken every year from all of his crops and was given to the Levi. Next, came the “maaser sheni,” the tithe the farmer would separate from the remaining crops, and which, in the first, second, fourth and fifth year of every seven-year Shemittah cycle was to be taken to be eaten Yerushalayim. Finally, came the third form of tithing, the “maaser ani” which was given in the third and sixth years in place of the “maaser sheni” and given to the less fortunate among the Jewish people.
Rabbi Samson Raphael Hirsh explained that these three forms of tithes, actually address the three major concerns of a Jew. The first - the “maaser sheni” which supported the Leviim, represent the spiritual needs of the Jew. The second - the “maaser sheni” which is eaten in Yerushalayim, represents our material wealth that we need to remember is a gift from G-d, and therefore are commanded to take it to the place, where G-d’s presence is most strongly felt. And the finally, “maaser ani” represents our communal responsibility - the realization that we do not live isolated from others, but have a responsibility for others. Therefore, we must give of ourselves to the less fortunate, to the stranger, the orphan and the widow.
Interestingly, Rabbi Naftali Zvi Berlin (the Netziv) notes, that of the three type of “maaser” it is only this last one - the “maaser ani” that is the purest in form. After all, providing food for the Levi is something he “earned” - both by maintaining the Beit HaMikdash and forgoing an inheritance in the Land of Israel so that he could do so. And the “maaser sheni” which we eat in Yerushalayim, is still something we get to enjoy. However, “maaser ani” is something that we must give, not because the poor person “deserves” it, but because it is our communal responsibility to care for everyone.
It is for this reason wrote the Netziv, that when describing this mitzvah, the Torah writes (Devarim 26:12) - “shnat hamaaser” – the year of the “maaser”. Because only when we give “maaser ani” can the year be called a “year of maaser”
HALACHA OF THE WEEK: The Time for Selichot
According to our mystical tradition, different times of the night have different characteristics. The first part of the night is characterized by "din" (strict judgment) while the second part is an "eit ratzon" (a time when requests are more readily accepted). Therefore, according to kabbalah it is during the second half of the night that is an ideal time to seek G-d’s mercy - and recite selichot.
Several classical sources [see: Shulchan Aruch, Orach Chayim 581:1] suggest that the best time to recite selichot is towards the end of the second half of the night - the "ashmoret haboker", the few hours leading up to "a lot hashachar" - around 72 minutes before sunrise. At this time, G-d is most “accessible” as He is hovering over our world [Magen Avraham 581:1 based on Avoda Zara 3b]. In addition, according to other sources "chatzot" [astronomical midnight] is a special "eit ratzon" [see: Yechave Daat 1:46].
Therefore, common practice is to recite selichot either at "chatzot" or in the pre-dawn hours. Rabbi Moshe Feinstein [Igrot Moshe, Orech Chaim 2:105] notes that when people were “early to bed and to rise, the latter was more convenient and common, whereas nowadays it is often easier at chatzot. Only on the first night of Selichot is there a preference to say selichot at chatzot, when more of Shabbat’s impact remains [see Piskei Teshuvot 581:(15)].
But what about saying selichot early, before mid-night?
According to the kaabalistic sources that equate this time with “din” it would be spiritually dangerous to recite selichot at that time [Magen Avraham 565:5; Birkei Yosef, Orech Chaim 581:1]. It is for this reason, that Rabbi Ovadia Yosef strongly objected to the early recitation of selichot - even when there was no alternative [Yechave Daat, ibid.], and it is the basis of the most common custom of waiting until late night.
However, Rabbi Yehoshua HaLevi Herschhorn of Montreal noted that many did not wait until later in the night and did recite selichot earlier – specifically when davening with a community. His reasoning was, that whenever a community joins together, it is an “eit ratzon” [Mimaynei Hayeshua 23]. Even Rabbi Feinstein while supporting the general custom of late night selichot, does not put a strong emphasis on kabbalistic sources in making halachic decisions. Therefore, he ruled [Igrot Moshe, ibid.] that even though much positive effect is missing at selichot in the early night, it is better to recite them then, lacking a feasible alternative, than to deprive the congregation of their inspiration in preparing for the yamim noraim. If one does so, he suggested reciting selichot at a change of "ashmorot", which is approximately 2 hours before "chatzot"[See also Mishmeret Shalom – Koidanov Siman 41].
Finally, there were even some authorities [Chesed Yehoshua 3:12, Machashavot b’Eitza - Parparot b’Chochma 74b] who suggested that early night in America may be permitted because it is after chatzot in Israel. However, Rabbi Yosef rules that most authorities relate "din" and "eit ratzon" to each place according to its astronomical situation [Yechave Daat ibid.].
A common "compromise" approach is to say the selichot in the morning (or even before Mincha- [ibid.]) While it is not especially an "eit ratzon", it is not a time of "din" either and the time of the year is itself an "eit ratzon".
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