"Es" Includes the Torah Scholars

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The Gemora (Kiddushin 57a) notes that some opinions do not expound the word “es.” This would be in accordance with the following braisa: Shimon Ha’amsoni, and others say that it was Nechemia Ha’amsoni, would expound on every word es that was written in the Torah. (This means that he would teach what the word es was coming to include.) When he reached the verse that states you shall revere es Hashem your G-d, he stopped expounding on the word es. Shimon Ha’amsoni felt that it is impossible to equate the reverence of Hashem to anything else, so he retracted from all of his previous interpretations of the word es. When questioned by his students what would happen to all the words es that he had expounded upon previously, Shimon Ha’amsoni replied, “Just as I received reward for expounding on those words, I will receive reward for retracting my interpretations. Rabbi Akiva arrived later and expounded the verse to mean you shall revere es Hashem your G-d, to include Torah scholars. Just like one is obligated to revere Hashem, so too, one must revere Torah scholars.

The Pardes Yosef (Vayechi) explains Rabbi Akiva by citing the Gemora in Nedarim, which states: Rav Yehudah said in the name of Rav: What does the verse mean when it says: Who is the man who is wise and can understand this? This (the reason for the destruction of the Second Temple) was asked to scholars and prophets and they could not explain it, until Hashem explained it Himself, as it says: And Hashem said that it is because they left my Torah. Isn’t the phrase “and they did not listen to My voice” the same as the phrase “and they did not go in its ways”? Rav Yehudah explains in the name of Rav: This means that they did not recite a blessing before learning Torah.

Rabbi Akiva was saying: The word es is including the Torah scholars. The Holy One, Blessed be He said: it is because they left “es” my Torah. They left that which was included from the word es, for they were not honoring the Torah scholars.

However, it can be asked that the Torah scholars should have been mochel the respect that they deserved!? We have learned that if a Torah scholar is mochel on the honor due to him, it is valid!

This is why Hashem continued with the verse, it is because they left my Torah. Hashem is saying: The Torah is Mine and the Torah scholar cannot be mochel. Why is the Torah Mine? It is because Klal Yisroel did not recite the blessing before learning Torah. The Gemora Brochos asks: It is written: The entire world belongs to Hashem. But it is also written: And the land was given to the people!? The Gemora answers: It depends if they recite a blessing first or not. Since they didn’t recite the blessing before learning Torah, it is regarded as Hashem’s Torah, and the Torah scholars could not be mochel on the obligation to honor the Torah.

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Craftsmen Standing for Torah Scholars

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Rabbi Yochanan states (Kiddushin 33a) : They stood before those bringing the bikkurim, but not before Torah scholars.

Rabbi Yosi bar Avin explains: Come and see how precious a mitzvah is in its proper time, for the craftsmen would rise before those bringing the bikkurim, but not before Torah scholars.

The Gemora asks: Perhaps they would only rise before those bringing bikkurim (but not for an ordinary mitzvah) because if not, they will not bring the bikkurim in the future (for they will think that the people living in Yerushalayim have no respect for them).

The Pnei Yehoshua writes that although it is obvious that the studying of Torah is greater than the performance of mitzvos, and even a mitzvah which has a set time, nevertheless, here, those that are performing a mitzvah are greater than Torah scholars. This is because it is quite possible that the Torah scholar is not engrossed in learning as he is walking.

The Chasam Sofer asks: And is a Torah scholar not occupied in performing mitzvos as he is walking? The Gemora Brochos states that a Torah scholar does not walk even four amos without thinking in Torah!? Why shouldn’t they stand before him?

He answers that according to halachah, thinking in learning is not equivalent to studying out loud, and therefore it is not in the same category as one who is performing a mitzvah while he is walking.

The Noda BeYehudah answers that a mitzvah which does not apply every day is more significant than the mitzvah of studying Torah, which applies every day.

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Afflictions Purge a Person's Sins

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The Gemora states that if a master knocks out the tooth of his slave, or if he blinds his eye, he must release the slave.

It is noteworthy that Rabbi Yochanan in the Gemora in Brochos (5a) derives from here that a person is considered fortunate if Hashem inflicts him. It is taught through a kal vachomer as follows: If the loss of a tooth or an eye, which is only one of the limbs in a person’s body, nevertheless, a slave gains his freedom because of it, then afflictions, which cleanse the person’s entire body, should certainly free a person from sin because of them!

Rish Lakish derives this same lesson from a different source. He says: The word covenant is written with respect to salt and the word covenant is written with respect to afflictions. Just as salt sweetens the meat, so too, afflictions will cleanse a person from his sins.

The Bobover Rebbe in Kedushas Tziyon notes that there is a distinction between the two expositions. According to Rabbi Yochanan, the afflictions will only cleans a person if they emanate from Heaven, similar to the halachos of a slave, where he will only be set free if his master knocks out his tooth or eye. He will not gain his freedom if someone else injures him. However, according to Rish Lakish, any type of afflictions will cleanse him, in the same manner as the salt sweetening the meat. It makes no difference as to who applies the salt.

Based upon this, Rav Tzvi Pesach Frank explains the following. It is written [Shmos 6:5]: And also, I heard the moans of the children of Israel, whom the Egyptians are holding in bondage, and I remembered My covenant. The Jewish people thought that the Egyptians were their masters and they were those who were afflicting them. They did not realize that their suffering was decreed from Heaven. Because they didn’t know who was causing them their hardships, they did not gain their freedom. It was only because Hashem remembered His covenant, that all afflictions cleanse a person from his sins, that was the reason they were released from the bondage.

Reb Meir Shapiro adds to this: If a slave does not come to court and testify that his master knocked out his tooth or eye, he will not gain his freedom. If he says that it happened by happenstance, he will not go free. So too, it is with afflictions. If a person does not believe with complete faith that the afflictions are affecting him because of Divine Providence, the afflictions will not purge him of his sins. However, if this principle was derived through the gezeirah shavah from salt, it would not make any difference.

The Rashba was asked the following question: If a slave initiates a fight with his master and strikes the first blow, and the master counters with some strikes of his own and knocks out the slave’s tooth, will the slave gain his freedom?

He replied that the slave goes free. The proof is from the aforementioned Gemora, where Rabbi Yochanan derived that afflictions will cleanse a person from his sins through a kal vachomer from the laws of the slave. How can the two be compared? Afflictions come to a person because he has sinned! It was his own fault! Perhaps, then, those afflictions will not purge him from his sins!? Evidently, we see that a slave also gains his freedom, even if he was the one who initiated the fight!

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Ancient Cures

The Maharsha (Gittin 69) asks: The Gemora in Brochos (10b) states that Chizkiyahu hid the book of remedies and the sages praised him for this. This book contained instructions on healing various diseases through the use of different herbs and plants. Rashi explains that the sages praised him for hiding the book, because people were relying upon these remedies and they were not praying to Hashem for healing. If so, why does the Gemora record all these remedies here?

The Maharsha answers: A doctor definitely has permission to heal the sick, and he therefore has the right to know the cure for all sicknesses. However, these should not be publicized to all people, for some people will not have faith in Hashem; rather, they will rely on these natural remedies. And just as it was permitted to write down the Oral Law, for otherwise, it would be forgotten; so too, it was permitted to write down these cures, for otherwise, they would all be forgotten.

The Geresh Yerachim answers: the book of remedies that Chizkiyahu hid contained cures that were accurate and functioned for any sick person. If that would have remained in existence, people would rely only on that, and not on Hashem. However, the remedies mentioned in our Gemora do not work for every person. There are many factors that would prevent a person from being cured, even if he followed the exact instructions. Therefore, even when these remedies would be applied, one would still need to pray to Hashem in order to be healed.

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Afflictions Purge a Person's Sins

The Gemora (Daf Yomi: Gittin 42b) states that if a master knocks out the tooth of his slave, or if he blinds his eye, he must release the slave.

It is noteworthy that Rabbi Yochanan in the Gemora in Brochos (5a) derives from here that a person is considered fortunate if Hashem inflicts him. It is taught through a kal vachomer as follows: If the loss of a tooth or an eye, which is only one of the limbs in a person’s body, nevertheless, a slave gains his freedom because of it, then afflictions, which cleanse the person’s entire body, should certainly free a person from sin because of them!

Rish Lakish derives this same lesson from a different source. He says: The word covenant is written with respect to salt and the word covenant is written with respect to afflictions. Just as salt sweetens the meat, so too, afflictions will cleanse a person from his sins.

The Bobover Rebbe in Kedushas Tziyon notes that there is a distinction between the two expositions. According to Rabbi Yochanan, the afflictions will only cleans a person if they emanate from Heaven, similar to the halachos of a slave, where he will only be set free if his master knocks out his tooth or eye. He will not gain his freedom if someone else injures him. However, according to Rish Lakish, any type of afflictions will cleanse him, in the same manner as the salt sweetening the meat. It makes no difference as to who applies the salt.

Based upon this, Rav Tzvi Pesach Frank explains the following. It is written [Shmos 6:5]: And also, I heard the moans of the children of Israel, whom the Egyptians are holding in bondage, and I remembered My covenant. The Jewish people thought that the Egyptians were their masters and they were those who were afflicting them. They did not realize that their suffering was decreed from Heaven. Because they didn’t know who was causing them their hardships, they did not gain their freedom. It was only because Hashem remembered His covenant, that all afflictions cleanse a person from his sins, that was the reason they were released from the bondage.

Reb Meir Shapiro adds to this: If a slave does not come to court and testify that his master knocked out his tooth or eye, he will not gain his freedom. If he says that it happened by happenstance, he will not go free. So too, it is with afflictions. If a person does not believe with complete faith that the afflictions are affecting him because of Divine Providence, the afflictions will not purge him of his sins. However, if this principle was derived through the gezeirah shavah from salt, it would not make any difference.

The Rashba was asked the following question: If a slave initiates a fight with his master and strikes the first blow, and the master counters with some strikes of his own and knocks out the slave’s tooth, will the slave gain his freedom?

He replied that the slave goes free. The proof is from the aforementioned Gemora, where Rabbi Yochanan derived that afflictions will cleanse a person from his sins through a kal vachomer from the laws of the slave. How can the two be compared? Afflictions come to a person because he has sinned! It was his own fault! Perhaps, then, those afflictions will not purge him from his sins!? Evidently, we see that a slave also gains his freedom, even if he was the one who initiated the fight!

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Decree when the reason no longer applies

Tosfos (Daf Yomi: Gittin 18a) asks: One of the reasons mentioned for the decree that the date should be recorded on a get is because perhaps the husband will want to save his niece from capital punishment if she committed adultery. Nowadays, Tosfos asks, when we do not execute anyone, why is there still a necessity to write the date in the get?

The Avnei Neizer (E”H: 188) cites a challenge to Tosfos’ question: Although the reason may not be applicable, the sages’ decree should still apply unless a greater Beis Din comes and nullifies it!

He answers that Tosfos understood that the initial decree was only established in a time and a place where they administered capital punishment. Accordingly, if nowadays, it is universal that we do not execute anyone, we are not nullifying the decree; rather, the enactment was never instituted for such cases. This is why it is not necessary for another Beis Din to annul the initial decree.

This would be comparable to that which Tosfos in Beitzah (6a) states: Tosfos writes that a matter that was only prohibited because of a specific concern will be permitted when the concern no longer exists. This principle justifies why we do not have to be concerned for water that was exposed at night and one is allowed to drink from it because in modern times snakes are not frequent in our homes.

The Gemora (Beitzah 30a) cites a Mishna that states that one is not allowed to clap or dance on Shabbos or Yom Tov. Rashi explains that the reason that one is prohibited from performing any of these actions is because they can lead to one fixing musical instruments. Tosfos states that this prohibition only applied in those days when they were experts in fashioning musical instruments. Presently, however, the decree does not apply, because we do not know how to fashion these instruments.

The Rema (O.C. 339:3) rules in accordance with Tosfos. Teshuvos HaRema (125) writes that there was an incident where a marriage occurred on Friday night and the people were not concerned that the groom would write the kesuvah, marriage contract on Shabbos. The reason for this permit was because it is not common in our times for the groom to write his own kesuvah.

Rav Shlomo Zalman Auerbach zt”l poses an interesting question. The halacha is that presently we do not have a legally qualified reshus harabim and for this reason one would be permitted to walk in a public thoroughfare on Shabbos while wearing various ornaments. According to this ruling, then, why are we still forbidden to blow shofar, shake a lulav and read the Megillah. Regarding these mitzvos there is a concern that one may come to carry the shofar, lulav or Megillah in the reshus harabim. Yet, the halachah is that our public thoroughfares are not deemed to be a legal reshus harabim, so we should no longer have these concerns.

Reb Shlomo Zalman also questions the opinion of the Raavad who maintains that muktzah is forbidden on account of a rabbinical decree that one should not come to carry into a reshus harabim. Why should this decree still apply when there is no longer a legally qualified reshus harabim?

Rav Shlomo Zalman explains that Tosfos is only referring to musical instruments. In previous times, everyone was capable of playing and repairing musical instruments. For this reason there was a decree prohibiting clapping and dancing. In our times, however, only a minority of people is capable of fixing musical instruments and because it is uncommon for people to fix musical instruments, there is no necessity for the decree against clapping and dancing.

Rabbah (Beitzah 5a) maintained that Rabban Yochanan Ben Zakkai rescinded the prohibition against accepting witnesses after the offering of the afternoon tamid sacrifice, and subsequently an egg that was laid on the first day of Rosh HaShanah was permitted to be eaten on the second day. Rav Yosef challenged Rabbah’s ruling because if the Chachamim assembled to render a ruling, they would need to reassemble to revoke their ruling. Rav Yosef added that one could not say that Rabban Yochanan Ben Zakkai convened with his colleagues to permit one to eat the egg, because their decision was only to accept the testimony after the offering of the afternoon tamid sacrifice, but they never took a vote on permitting the egg to be eaten.

Tosfos HaRosh in Avodah Zara (2a) rules that one is permitted to conduct business with gentiles during their holiday season as initially this was prohibited because gentiles in the past worshipped idols and now that gentiles do not worship idols, the decree is irrelevant.

Tosfos in Brachos (53b) writes that people are not scrupulous regarding mayim acharonim, washing the hands at the end of a meal, because we no longer have melach sedomis, salt from Sodom. Tosfos notes that although the practice of washing mayim achronmim was instituted by an assembly of a Bais Din, this institution was not unanimously accepted and thus this institution is not categorized as a ruling that is irrevocable unless a Bais Din reassembles and rescinds the ruling.

Reb Shlomo Kluger in Elef Lecho Shlomo (116) rules that one is permitted to learn by candlelight on Shabbos and we are not concerned that he may come to move the wick which will cause the fire to burn brighter, thus violating a biblical prohibition, because one does not need to move the wick of our present-day candles.

Teshuvos HaRosh (klal 2:8) rules that one is permitted to tie strings of linen on a four-cornered garment that is made from linen to fulfill the mitzvah of tzitzis and we are not concerned that one might tie strings of wool to the garment. The reason for this ruling is because all know that techeiles, a blue-dyed wool used for tzitzis, is not prevalent, thus there is no permit to tie strings of wool to a linen garment.

Teshuvos HaRosh writes that if is common knowledge why a decree was instituted and the rationale no longer applies, then the decree is considered irrelevant. Teshuvos HaRosh draws a contrast of this supposition to the case in our Gemora regarding the egg that was laid on the first day of Rosh HaShanah, because some people are not aware whey the egg was initially prohibited, nor do they understand why the reason to prohibit no longer applies.

Shearim Mitzuyanim B’Halachah rules that if necessary, one is permitted to take medicine on Shabbos. Taking medicine on Shabbos was initially forbidden as there was a concern that one would violate the prohibition of grinding. Now that medicine is prepared by the manufacturer and most people are not even aware of the process involved in manufacturing the medicine, there is no longer a concern that one who wishes to take medicine will violate the Shabbos prohibition of grinding herbs or spices.

[END]

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Learning while Standing

The Mishna (Daf Yomi: Sotah 49a) had stated: When Rabban Gamliel the Elder died, the glory of the Torah terminated and purity and abstinence perished.

Rashi cites the Gemora in Megillah ((21a) which states that from the days of Moshe until Rabban Gamliel, they would study Torah standing. Afterwards, people became weaker and they would study torah while sitting; they didn’t have the strength to stand.

The Gemora in Brochos (28a) says that when Rabban Gamliel was the Rosh Yeshiva, his policy was that any student who was not "tocho c'baro," his inside was not like his outside, would not be allowed to enter the Beis Medrash. Not everyone who applied was automatically accepted into his Yeshiva. Rabban Gamliel only accepted students who were honest and sincere, through and through, without any hints of fakery or hypocrisy.

The Gemora relates that there was a subsequent change in the leadership and Rabbi Elozar ben Azariah was appointed the new Rosh Yeshiva. He implemented a new policy: Everyone was invited into the Beis Medrash even someone who was not "tocho c'baro." As a result, the Gemora records: Many benches were added to the Beis Medrash.

Two questions can be asked. Firstly, how were they able to ascertain who was a “tocho c’baro” and who wasn’t; only Hashem is capable of peering into someone’s heart? Secondly, why does the Gemora state that many benches were added; we are not interested in the amount of chairs there were; it should have said that there were many more students learning on the account of the new policy?

Rav Nosson Gishtetner answers based on our Gemora: In the days of Rabban Gamliel, the sincere students would be learning standing; that was a symbol that he was learning Torah for the sake of the mitzvah and not for any ulterior motive. When the new policy was enacted, more benches were added because the generation was weaker and they did not have the ability to stand while they were learning.

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Praying in a Cemetery

(Daf Yomi: Sotah 34b) And they went up by the South and he arrived at Chevron. Shouldn’t the Torah have stated: and they arrived at Chevron? Rava said: It teaches us that Calev separated himself from the plan of the spies and went and prostrated himself upon the graves of the Patriarchs, saying to them, “My fathers, pray for mercy on my behalf that I may be spared from the plan of the spies.”

The Gemora in Taanis (16a) states that it was the custom to visit a cemetery on a fast day. One reason given is that the Jewish people were saying that they consider themselves like corpses and this will stimulate them to repent. Another reason is that this will enable the deceased who are buried in the cemetery to pray for them. According to the second reason, they would not visit a cemetery that contained the graves of gentiles.

The Ritva writes that they didn’t go to the cemetery in order to daven there because that is forbidden on the account of “loeg lerosh” – it is considered mocking to the dead who cannot perform the mitzvos; rather they davened in the streets and went to the cemetery afterwards. The Ran adds that they did not take the sefer Torah with them when they went to the cemetery.

The Noda B’yehuda (O”C 2:109) was asked on a year that there was no rain and there was tremendous suffering; if they would be permitted to go to a cemetery with a sefer Torah and daven there for rain.

He cites a Zohar (Acharei Mos) which states that davening by a cemetery inspires the souls of those buried there to inform those that are buried in Chevron (Patriarchs and the Matriarchs) who subsequently will arouse Hashem’s compassion.

However, there is a Gemora in Brochos (18a) which rules that a person should not enter a cemetery with tefillin on his head or read from a sefer Torah in his arm. We can infer from this Gemora that reading from the sefer Torah is forbidden but holding it would be permitted. The Kesef Mishna in Hilchos Sefer Torah (10:6) learns that both are forbidden; reading from the sefer Torah or holding it.

The Noda B’yehuda concludes that although he is not an expert in the hidden portions of Torah, the Zohar cited does warn against bringing a sefer Torah that might be missing letters into a cemetery since this can cause terrible consequences.

The sefer Igra D’taanisa wonders why the Noda B’yehuda makes no mention of the Gemora in Taanis, which would indicate that one can go daven by a cemetery.

The Minchas Elozar discusses the permissibility of people davening by Kever Rochel. Some say that we are not mocking Rochel since she was living before the Torah was given; she was never obligated in mitzvos.

The Netziv rules that in his days, it would be permitted because the custom was to bury them deeper than ten tefachim from the ground and it is considered like a different domain.

The Rama (O”C 581:4) writes that there are places that have the custom to go to cemeteries on Erev Rosh Hashanah and to recite lengthy Tefillos there. The Chidah asks on this Rama from the Ritva in Taanis that states explicitly that one should not daven in the cemetery.

There are those that create a distinction between a compulsory tefillah and a tefillah which is only voluntary.

The Elya Rabbah (581) quotes from the Maharil that one should be careful when going to the graves of Tzadikim that your tefillos should not be directed towards those that are buried there, rather one should daven to Hashem and ask for compassion in the merit of these Tzadikim. Some say that you can ask the dead to be an advocate on your behalf.

The Bach (Y”D 217) rules that it is forbidden to daven to the dead because of the prohibition of being “doresh el hameisim.” He points out that even though we find that Calev did daven in Chevron by the Meoras Hamachpeila, he wasn't davening to the Avos. Rather, since a cemetery is a place of holiness and purity, the tefillos davened there will be more readily accepted.

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Repentance in the same Situation

It is written [Yirmiyah 22:10]: Cry intensely for one who leaves, because he will not return again and see the land of his birthplace. Rav Yehudah said: This is referring to one who departs this world without children.

Rav Huna said: The verse is referring to a person who committed a sin and repeated it. The Gemora states: Rav Huna is following his reasoning stated elsewhere that one who commits a sin and repeats it; it has become permitted to him.

The Gemora asks: Do you actually think that it is permitted? The Gemora answers: Rav Huna means that it becomes to him as if it was permitted.

The Gemora (Yoma 86b) explains that a true penitent is one who committed a sin in the past and then the opportunity for the same sins comes again a first time and a second time and he is saved from the sin on both occasions.

The Sefer Chasidim writes that a person should not put himself into a situation where he is tempted to sin, because he may not be able to withstand temptation.

The Tzlach questions the words of the Sefer Chasidim from the commentary of the Kli Yakar in Parshas Chukas, who writes regarding the phenomena of the Parah Adumah that the Parah Adumah was capable of rendering pure those that were impure and conversely, rendering impure those that were pure.

The Kli Yakar likens this idea to certain medicines that are beneficial for one who is ill but can prove fatal for one who is healthy. There is a parallel between remedying the body and remedying the soul. One who wishes to repent must be with the same woman that he sinned with the first time, at the same time of the year in which he had sinned, and at the same place where he sinned with her. Thus, the temptation to sin is particularly strong, as his Evil Inclination will entice him to respond exactly as he did before. By resisting the temptation, he demonstrates that he is a true penitent.

The Kli Yakar adds that this is what the Gemora (Brochos 34b) means when it states that in the place where penitents stand, the completely righteous do not stand, i.e. the completely righteous cannot stand in a place of temptation. Yet, according to the Sefer Chasidim, a righteous person is not permitted to endanger himself by entering into such a situation.

TRANSGRESSION COMMITTED ONLY ONCE

The Gemora states that if one commits a transgression and repeats it, it becomes like it is permitted to him.

Rav Shach was once giving rebuke and he questioned if there is any among us that have committed a sin and not repeated it. Woe is to us.

The Mabit in Beis Elokim (shaar hateshuva ch 11) writes that our sages have said if one commits a transgression three times, it becomes like it is permitted to him. Did he have a different version in the Gemora than us? Our Gemora states this to be correct if a person commits a sin even twice.

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Daf Yomi - Yoma 86 - Repentance in the same situation

The Gemara explains that a true penitent is one who committed a sin in the past and then the opportunity for the same sins comes again a first time and a second time and he is saved from the sin on both occasions. The Sefer Chasidim writes that a person should not put himself into a situation where he is tempted to sin, because he may not be able to withstand temptation. The Tzlach questions the words of the Sefer Chasidim from the commentary of the Kli Yakar in Parshas Chukas, who writes regarding the phenomena of the Parah Adumah that the Parah Adumah was capable of rendering pure those that were impure and conversely, rendering impure those that were pure. The Kli Yakar likens this idea to certain medicines that are beneficial for one who is ill but can prove fatal for one who is healthy. There is a parallel between remedying the body and remedying the soul. One who wishes to repent must be with the same woman that he sinned with the first time, at the same time of the year in which he had sinned, and at the same place where he sinned with her. Thus, the temptation to sin is particularly strong, as his Evil Inclination will entice him to respond exactly as he did before. By resisting the temptation, he demonstrates that he is a true penitent. The Kli Yakar adds that this is what the Gemara (Brachos 34b) means when it states that in the place where penitents stand, the completely righteous do not stand, i.e. the completely righteous cannot stand in a place of temptation.Yet, according to the Sefer Chasidim, a righteous person is not permitted to endanger himself by entering into a such a situation.

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