Parshas Shoftim 5784 – Intriguing Questions & Answers

Leaves Detached from the Stones of the Western Wall: May One Keep Them as a Segulah?

Q: I was asked by someone who visited the Kosel: While davening, a bird flying overhead broke a leaf from the plants growing out of the stones, and the leaf fell into his tefillin bag. He immediately felt it was a segulah, and therefore wished to keep it as a segulah and shemirah. However, after leaving the Kosel, he began to wonder whether it was permissible to keep it. He was concerned it might be disrespectful since it came from the Kosel, and perhaps it must be buried and not kept in his bag as a segulah.

A: The Gemara in Megillah 28a states that if a Beis HaKnessess is destroyed and weeds grow within it, one should not uproot them due to the anguish this causes. Rashi explains that seeing the weeds causes pain to the observers, reminding them of the days when the synagogue was in use and people would gather there. This prompts them to pray that it will be restored.

The Rambam, in Peirush Hamishnayos, explains that the presence of the weeds evokes sorrow, leading people to either make efforts to rebuild it or, if not, to humble themselves and return to Hashem.

A similar discussion in the Poskim concerns more severe questions, such as one who took a stone from the Kosel, or whether it is permissible to clean the stones of the Kosel from accumulated dust. Rabbi Yosef Chaim Sonnenfeld zt”l did not agree to cleaning the Kosel stones, based on the above Gemara. Regarding the stones themselves, there are complex halachic considerations, such as whether uprooting part of the Beis Hamikdash remains is prohibited by Torah or Rabbinic law, and whether taking a stone constitutes me’ilah (misuse). For a comprehensive discussion, see the responsa of Rav Yitzchak Yosef shlit”a, printed in Shu”t Shaarei Tzion (3:2).

Responsa Kovetz Teshuvos (3:20) discusses whether it is permitted to clean the Kosel stones from dust. He writes that while cleaning it may serve to honor the Kosel by removing the accumulated dust, it is preferable to leave the Kosel as it has stood for centuries, with its weathered stones and naturally growing weeds, which add a sense of sorrow to those who see them, encouraging tefillos for its rebuilding.

Regarding our question, cutting the plants and grasses growing between the Kosel stones, there is room to be lenient, even for a segulah. In Shu”t Mishneh Halachos (17:197), it is stated that plants whose roots cause the stones to deteriorate may be trimmed, as trimming prevents further damage to the Kosel, fulfilling the mitzvah of preserving it. Therefore, it seems permitted to keep the leaf that fell into one’s bag as a segulah.

Using Sifrei Kodesh for Demonstration

Q: I was asked by Maggidei Shiur, particularly when learning Masechtos such as Sukkah and Eruvin, where there are many laws related to walls, partitions, and structures, whether it is permitted to take nearby Gemaras or other sefarim and use them as props to demonstrate a model of a sukkah or partition, or if this constitutes disrespect for the sefarim (bizayon sefarim).

A: This question appears analogous to a debate between the Taz (Yoreh De’ah 282:13) and the Magen Avraham (Orach Chaim 154:14) regarding whether it is permissible to use sefarim as a makeshift shtender. The issue is whether it is permissible to use a sefer for something that could be done with a mundane object, such as a stone.

The Mishnah Berurah (Orach Chaim 154:31) rules that if the sefarim are already on the table, it is permissible according to all opinions. Since the sefarim were already there and it is simply more convenient to use them, it is not considered as though they are being substituted for mundane items. Based on this, it seems that it would be permissible for a Maggid Shiur to use sefarim already present during the lesson to demonstrate a model of a sukkah or partitions for Eruvin.

Using a Stamp That Was Not Canceled by the Post Office

Q: A common question arises when someone receives an envelope from the post office, and by mistake, the stamp was not canceled. Is it considered theft to reuse the stamp, or has the post office relinquished it?

A:Shu”t Shevet HaLevi (Volume 5, Siman 173) addresses this issue, stating that while tearing the stamp to avoid wrongdoing is a middas chassidus, in principle, the stamp belongs to the recipient since the sender has relinquished any claim to it. In modern times, where the postal service is government-owned, dina d’malchusa dina applies, and one should not use the stamp again.

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