Bereishis

The Chachomim precluded business transactions on Shabbos or Yom Tov because of the tendency to record the transaction in writing and writing is clearly a Biblical prohibition. The Mordechai (Beitzah Ch. 2, 676) maintains that giving a gift falls under the same prohibition as a business transaction because it too enacts a transfer of ownership. This opinion is corroborated by the Magen Avraham (O.C. 306, 15) and the Mishna Brurah (O.C. 306, 33). There are two exceptions where one may give a gift on Shabbos or Yom Tov.

1. To assist in the performance of a Mitzvah i.e. one may give one's Esrog as a gift on the first day of Succos to enable another to own it as ownership is a prerequisite to fulfilling this Mitzvah.

2. If the gift fulfills a Shabbos need i.e. if one neglected to toivel a vessel needed for Shabbos, one may gift it to a Goy and then borrow it in return, thus obviating the need for tevilah. The second exception is the reason one may bring a gift of food along when eating out on Shabbos for this falls under the category of a Shabbos need.

Giving your spouse a present or a Bar-Mitzvah boy a sefer is prohibited on Shabbos. One may circumvent this prohibition in either of the following two ways.

1. Before Shabbos, have a third party acquire the gift on behalf of your spouse by picking up the item at least three tefachim from the ground. In this way, the transfer of ownership is done before Shabbos.

2. The recipient should have in mind not to acquire the gift but rather to accept it as a pikodon (deposit). Therefore, the gift still legally belongs to the giver but is deposited with the recipient for safe-keeping.

The poskim disagree whether it is prohibited to give a gift to a gentile on Shabbos or Yom Tov. The dispute revolves upon whether the prohibition of gift giving is upon the giver or the taker. The "Maharsham" (Volume 1, responsa 164) based on the "Sefer Chassidim" (323) contends that the prohibition is solely upon the recipient. Giving a gift to a gentile would therefore be permitted, as the gentile is not enjoined to observe Shabbos restrictions. The Sefer "Maishiv Davar" however feels that the prohibition is upon the giver, causing a gift to a gentile to fall under the same parameters as those to a Jew.

Our Rabbis teach us that Shabbos itself is our gift from Hashem. Perhaps the prohibition of gift-giving helps us be cognizant that the greatest gift of all is Shabbos, making it unnecessary to give any other gifts on this special and holy day.

This week's Parsha recounts the tragic incident of the abduction of Dina at the hands of Shechem, the son of Chamor. When Chamor negotiates for Dina's hand in marriage, he makes the following appeal: "Shechem, my son, longs deeply ('chashka' in Hebrew) for your daughter". Rashi comments that the word "chashka" means "chaftza" i.e. desires. We must address two problems. Firstly, how did Chamor expect Yaakov and his sons to acquiesce to Dina's marrying Shechem, based solely on Shechem's longing ("cheshek") for Dina? Secondly, why does Rashi interject his comment that "chashka" means "chaftza"? Isn't this the obvious Hebrew equivalent?

In describing Shimon and Levi's decimation of the city of Shechem, the pasuk says, "Each man ('ish' in Hebrew) took his sword". The Midrash notes that the reference to them as "ish" reveals that the episode took place when Shimon and Levi were 13-years old. Parenthetically, the Chiddushei Harim zt"l quipped that the halachic imperative to decimate the city of Shechem, on the part of Shimon and Levi, was the content of their Bar-Mitzvah p'shetil (drasha)! We know that the yetzer hara, i.e. the evil inclination, enters the body upon birth (Sanhedrin 91.). However, the yetzer tov, i.e. the good inclination, does not come until Bar-Mitzvah. What is the reason for the appearance of these two inclinations at different
times?

The Dubno Maggid zt"l in his Ohel Yaakov highlights the difference between "chashka" and "chaftza". "Chashka" is used to indicate spiritual longing. For example, "Nafshi chashka baTorah", "My soul longs for Torah knowledge", or "Rak b'avosecha chashak Hashem", "The Almighty only desired the Patriarchs". "Chefetz", on the other hand, connotes physical desire. For example, "Im chafetz bah hamelech", "If the king wants her". The acid test to differentiate between spiritual longing - "cheshek" and physical longing - "chefetz" is the following. When an individual is inspired by spiritual desires, patience and equanimity are manifest in the process. The intellect is in control, and one is able to carefully deliberate before making a decision. Conversely, when physical desire and lust are the source of one's wants, one has no patience and needs immediate gratification. Then, it's - "Don't confuse me with the facts! Just give it to me NOW!!". We now can appreciate the different stages for initiation of the evil and good inclinations. The evil or physical inclination is childish. The criterion is immediate pleasure- gratification without any consideration of the ramifications. The good or spiritual inclination is indicative of thought and intellectual deliberation. Therefore, at the mature age of 13 (or 12 for a girl), when one is able to rationally consider the ripple effects of one's deeds, then the yetzer tov receives its mandate to function.

We now can understand Chamor's argument and Rashi's terse comment. Chamor was arguing that Shechem's attraction for Dina was based purely on spiritual and intellectual moorings, making it a more acceptable match for Yaakov and his sons. Chamor was indicating that Shechem was drawn to Dina's character, modesty, and righteousness, and not to her physical beauty. This is the meaning of Chamor's statement - "Shechem, my son, 'chashka' (spiritually desires) your daughter". Pasuk 19, however, reveals the true nature of Shechem's desire for Dina. "The youth did not delay doing the thing, for he wanted ('chafetz') the daughter of Yaakov." Shechem's hasty agreement to fulfill the prerequisites of Yaakov's sons was indicative of his physical lust for Dina. As the pasuk testifies, "He did not delay", for he wanted and desired, 'chafetz', only the physical pleasure and had no patience to deliberate and consider if the offer was acceptable or not. Therefore, when Chamor says "chashka" - spiritual motivation, Rashi is quick to point out the subterfuge, and comments "chaftza" - that this was really a hedonistic attraction and not a spiritual quest.

We are constantly pulled and tugged by our many wants and desires. It would be prudent to keep in mind the acid test of "cheshek" vis-a-vis "chefetz" to help us label the true source of our desires.