Showing posts with label Maharsha. Show all posts
Showing posts with label Maharsha. Show all posts

Sunday, March 07, 2010

Matchmaker, L'chaim and Bas-sheva

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The Gemora discusses the process of matching a man and woman together for marriage, and states that for the first match, a heavenly voice proclaims who will marry whom, while for a second match, the process is as difficult as the splitting of Yam Suf. Rav says that the heavenly voice announces forty days before the forming of a fetus, “The daughter of So-and-so will marry So-and-so.” The Ran explains that this at the point of conception, since an embryo is halachically considered a fetus at forty days from conception.

The Maharsha (Sotah 2b) says that the voice comes out at the time of the husband’s conception, which is why the wife is referred to only as the daughter of someone, and not by name.

Tosfos (22a Arbaim) states that through prayer, one can modify the match that he gets, even in his first match.

The Chasam Sofer (7:34) writes in the name of the Arizal that the “first match” referred to is not necessarily a first marriage. When a soul is created and placed in the world, it has a matching half in someone of the opposite gender. This match is the first match. As the person grows up, they develop, sometimes positively, and sometimes negatively. When they marry, their “first match” may not still be appropriate for who they have become, necessitating a “second match,” based on their actions since birth, and this match is the more difficult one.

Lechaim?
The Gemora brought a braisa, in which Rebbe said that although a Kohen who does not know his rotation week should never drink wine, he is allowed to by dint of his problem. Rashi explains that Rebbe is not concerned with the imminent rebuilding of the Bais Hamikdash. Therefore, Rebbe is saying that destruction of the Bais Hamikdash, which led to the problem of not knowing the rotation, also is the solution which allows them to drink nowadays.

Tosfos Harosh says that Rebbe is saying that a decree that a Kohen can never drink wine is too onerous. Therefore, the problem of not knowing which rotation he is in, also leads to the untenable situation, which therefore allows them to drink wine.

The Rambam (Bias Mikdash 1:7) rules that a Kohen who does know which rotation he is in may not drink wine during his week, even nowadays. This seems to follow the Tosfos Harosh, who says that the license to drink is only for someone who would otherwise never drink.

The Raavad rules that all Kohanim may drink nowadays, which seems to follow Rashi, who says that the license to drink is due to the absence of a Bais Hamikdash, which applies to all Kohanim.

The Shulchan Aruch (OH 128:38) rules that a Kohen who drank a revi’is of wine may not bless Birchas Kohanim, since it is a form of service. The Gemora (Taanis 26b) states that we therefore do not say Birchas Kohanim at Minchah, since it is after a meal, at which the Kohen may have ingested a revi’is of wine. This concern also is the rationale behind the custom in some congregations to shift the Birkas Kohanim on Simchas Torah to Shacharis, lest the Kohanim drink a revi’is of wine after the reading of the Torah, before Musaf.

Bas Sheva or BasSheva?
By: Meoros HaDaf HaYomi

HaGaon Rabbi Chaim of Volozhin wondered if one should write the name Bas-Sheva in a get as one or two words and he asked his mentor, the Vilna Gaon. The gaon told him that “I have supported my foundations on 13 words” (from the selichos prayers). Rabbi Chaim then remembered our Gemora in which Rashi remarks that the above verse contains thirteen words (s.v. Kinechah). Counting the words, though, he found fourteen! The only solution, then, is that Bas-Sheva should be written and counted as one word (Kol Eliyahu in the name of Emunah Vehashgachah).

HALACHAH ON THE DAF

Mentally Preparing for Shemoneh Esreh
The Gemora mentions in passing that according to one explanation, the verse of “Shivisi Hashem l’negdi samid” teaches us that when one davens, he should visualize that the Divine Presence is in front of him. The Shulchan Aruch (Orach Chaim 98) writes an entire siman on the topic of realizing that one is talking to Hashem and how we should approach the mighty concept of tefillah.

First of all when davening, we must concentrate on the explanation of the words that our mouths are saying. Mishnah Berurah stresses that one must understand the simple meaning, and not delve into the esoteric depths of tefillah, and furthermore, all the mental preparations that are required, should be done before one starts Shemoneh Esreh, for during davening, one must solely focus on the simple translation.

One must expel all of his thoughts until his mind is clear, and he should meditate as to what amount of meticulous preparation he would put in when speaking before an earthly king, how much more so when speaking to Hashem. If a thought does enter his mind during davening, he should wait quietly until the thought goes away. The Mishnah Berurah cites an interesting She’lah who states that as a segulah not to be interrupted with other thoughts during tefillah, before davening. one should say the pasuk “Lev bara li Elokim v’ruach nachon chadash b’kirbi” three times, and each time he recites it he should pass his right hand over his forehead. If thoughts enter during davening, he should do as the above; just instead of reciting the verse out loud, he should think it in his mind.

The Rema adds that before davening one should ponder the greatness of Hashem and conversely the smallness of man.

One must daven as a poor person pleading for mercy, slowly enunciating each word. One must make sure not to daven in a way that it seems that he can’t wait to finish. Mishnah Berurah points out that one must be exceedingly careful in this regard, since there are poskim which hold that if one davened in such a manner he must daven again. Although we don’t rule in accord with these poskim, it shows the severity of not davening properly.

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Sunday, December 13, 2009

Space for the Holy Ark

The Gemora states that neither the body of the keruvim, nor the ark itself took up any space in the inner sanctum.

The Maharsha says that this miracle was done to indicate that Hashem has no physical aspect, and therefore the ark and keruvim which were designated as the ultimate resting place of Hashem's presence did not use up any physical space.

The Ben Yehoyada says that the ark took up no space to hint that any expenditures that one makes for Torah do not come off his general budget set by Hashem for a year (as per Beitza 16a). The keruvim, which symbolize the Jewish nation, took up no space to hint that all sustenance provided to the Jewish nation is done miraculously by Hashem, and is not part of the general account made for the world's sustenance. He quotes his son, Yaakov, as explaining that this miracle was done to teach us that when one is involved in Torah (symbolized by the ark) and mitzvos (symbolized by the keruvim), he should do so without any earthly intentions, just as these items were not related to the physical space where they were situated.
Shabbos in the Daf
The Gemora states that the Aron, the Holy Ark, did not take up any room in space in the Mishkan and in the Bais HaMikdash. This was truly a miracle. Similarly, we can suggest that Shabbos, despite the prohibition from refraining to work, does not take up any space either.

The Zohar states that one’s sustenance is blessed from Shabbos. Although one refrains from work on Shabbos and it would seem that this would be detrimental to ones livelihood, one should not be concerned, because by observing Shabbos, his efforts during the week will be blessed.

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Friday, September 04, 2009

Continued Misfortune

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Rabbi Yochanan said: Since the Holy Temple was destroyed, prophecy has been taken from prophets and given to fools and children.

When was it given to fools? It happened with Mar the son of Rav Ashi. He was one day standing in the marketplace of Mechuza when he heard a certain deranged person exclaim: “The man who is to be appointed head of the Academy in the city of Mechasya signs his name Tavyumi.” He said to himself, “Who among the Rabbis signs his name Tavyumi? I do! This indicates that my fortunate time has come.” So he quickly went to the city of Mechasya. When he arrived, he found that the Rabbis had voted to appoint Rav Acha of Difti as their head. When they heard of his arrival, they sent a couple of Rabbis to him to ask his advice (and his permission to appoint Rav Acha). He detained them with him, and they sent another couple of Rabbis. He detained these also, and it continued until there were ten. When ten were assembled (for that is when one should begin lecturing), he began to discourse and expound to them. [He was then appointed as the head of the Academy.]

Rav Acha applied to himself the saying: If a man is dealt with harshly, he does not readily come into favor, and if a man is in favor, he does not readily fall into misfortune.

The Maharsha writes that this is only if it troubles him greatly. If he thinks that being rejected from a position of prominence was a grave misfortune, then good things will not happen soon happen to him. This is in accordance with what the Sages say: One who pursues honor – the honor will run away from him.

The Meiri writes that although there can be times that due to a person’s fortune, the door of success keeps closing on him and it is not readily opened, nevertheless, it is not completely shut. The gates of tefillah and good deeds are not sealed; they will always be there for a person’s protection.

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Monday, August 31, 2009

Reckoning with the Charity Collectors

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The Gemora cites a braisa: The charity collectors are not required to give an account of the monies entrusted to them for charity. And the treasurers of the Temple are not required to reckon the funds given to them for the Temple purposes. And although there is no actual proof of this in the Scriptures, but there is a hint of it in the following verse: And they would not reckon with the men into whose hand they delivered the money, to give to those that did the work, for they dealt faithfully.

Rabbi Elozar said: Even if a man has in his house a treasurer on whom he can rely, he should tie up and count out all money that he hands to him, as it is written: They bound it in in bags and counted the money.

Rashi writes that although he has no intention of demanding an accounting afterwards, he still should tie up and count out all money that he hands to him.

What is the purpose of such a counting?

The Meiri explains that if he will not count it in the beginning, he will certainly suspect the treasurer that he accepted more money then he actually spent. Now that it is counted, at least they are both aware as to the amount of money which was given over to him. One should always make an effort not to suspect a person of committing a wrongdoing.

The Maharsha writes that the money is counted in order that the mazikin (spiritual damagers) should not have any control over the money, for money that is tied, sealed, or counted they cannot have any effect over.

The Ein Eliyahu answers that it is counted in order that the treasurers themselves can make a calculation at the end, if they so desire.

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Sunday, July 19, 2009

Every Step of the Way

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The Gemora records a story which demonstrates the greatness of Rabbi Chiya. The Gemora relates: When Rabbi Chanina and Rabbi Chiya were once in an argument, Rabbi Chanina said to Rabbi Chiya, “How can you dispute me? If, Heaven forbid, the Torah were forgotten in Israel, I would restore it by my deliberations.” Rabbi Chiya rejoined, “How can you dispute me, who I caused that the Torah should not be forgotten in Israel? What did I do? I planted flax from which I made nets to capture deer. The meat from those deer I would give to poor orphans and I would convert their skins into parchments upon which I would write the five books of the Chumash. I brought these to a community where there was no Torah study and I would teach each one of five children one of the five scrolls. I would also teach orally each one of six youngsters one of the six orders of the Mishna. I would tell each of these young pupils, ‘Teach the others what you have learned before I return to see if you succeeded.’ It was because of this that I said that I caused that the Torah should not be forgotten in Israel.”

The Maharsha explains why it was necessary for him to go to such great lengths: Rabbi Chiya was determined that every step of the way be done purely for Heaven’s sake, and no person should be deriving any profit. It was for this reason that he could not simply go to a store and buy parchment. Even the meat of the animal, whose skins he used for parchment, was donated to needy orphans. It was only on account of such meticulous attention to every detail of the process that he could be certain that Heaven would bless his efforts with success.

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Wednesday, June 24, 2009

the Righteous and the Scoffers

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By: Reb Binyomin Adler

Rava expounded: What is the meaning of that which is written: But when I limped they rejoiced and gathered … they tore [at me] and would not be silenced? Dovid said before The Holy One, Blessed be He: Master of the Universe! It is revealed and known to You that if my enemies were to tear my flesh, my blood would not flow out (for it has drained from the surface of my body because of their taunts about my sin). And not only that, but when they were engrossed in the studying the tractates of Negaim and Oholos (difficult tractates in the order of Taharos), they interrupt their studies and say to me (tauntingly): Dovid! If one cohabits with another man’s wife, what is his prescribed form of execution? I said to them: If one cohabits with another man’s wife, his execution is by strangulation, but he has a share in the World to Come. However, one who makes his fellow’s face turn white from shame in public (as you are doing to me), has no share in the World to Come.

This dialogue appears somewhat strange. Were Dovid’s tormentors really serious in their accusations against him regarding his taking Bathsheva? If they were, should they have not summoned him to trial? Although the Gemora states that a king cannot be judged, certainly the Sages of the time would have at least incriminated Dovid. How can we understand their accusations?

There is a constant struggle in the world between the righteous and the wicked. Thus struggle has manifested itself throughout history, as evidenced in the incident where Avraham and Sara miraculously conceived a child, yet there were still those who scoffed and said that Avimelech impregnated Sara. Hashem always allows room for the wicked to interpret events in their own way. When Dovid committed the act with Bathsheva, Hashem allowed for the wicked to lose their share in the World to Come by scoffing at Dovid. They were not seeking justice at all. Rather, they were looking for someone to mock, and scoffers will mock anyone, even the great Dovid, King of Israel.

The Maharsha notes that one who speaks evil slander incurs tzaraas, and even still their study of those laws did not prevent them from slandering Dovid. One has to guard his speech, but equally important, one must inspect his actions to ensure that he is not from the scoffers, but from those who defend and respect the righteous.

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Thursday, March 26, 2009

Seudas Mitzvah

Seudas Mitzvah

By: Reb Avi Lebowitz

The Gemora (Bava Kamma 80) tells Rav and Shmuel and Rav Assi once met at a circumcision of a boy, or as some say, at the house for the salvation of a son (the redeeming of a firstborn). Rav would not enter before Shmuel, nor Shmuel before Rav Assi (for Rav Assi was greater), nor Rav Assi before Rav (for Rav Assi was Rav’s student). They therefore discussed who should go in last, and they decided that Shmuel should go in last, and that Rav should enter and then Rav Assi.

Rashi comments that the “week of the son” refers to a bris milah, whereas the “salvation of the son” refers to a party that was done for the pidyon haben (redemption of the firstborn).

The Maharsha points out that from Rashi we find a source for making a party for pidyon haben, but it is not a source for making a party for a bris milah.

The Maharsha seems to understand that the requirement to make a party for pidyon haben is better sourced than the requirement to make one for bris milah. However, the Maharshal (Yam Shel Shlomo 37), in his famous discussion about seudas mitzvah asks a question from the Gemora in Chulin 95b which states that Rav did not partake in any “voluntary” feast!? Why then was Rav participating in this seudah? The Maharshal explains that by milah, the feast itself is a mitzvah just like it is by a wedding, however, there is no mitzvah to have a party by pidyon haben. The Maharshal clearly understands that whether it was milah or pidyon haben, Rav was joining and eating at the party. He assumes that the requirement to have a seudah for milah is more basic than having one at pidyon haben. Since the seudah of pidyon haben is only voluntary, how could Rav join and eat? [Evidently he holds that it is not a mitzvah at all by pidyon haben!?]

From this, the Maharshal is mechadesh a major yesod that any seudah whose purpose is to give praise to Hashem and either publicize a mitzvah (such as pidyon haben) or a miracle (such as the birth of a child which is Rabbeinu Tam's explanation of “salvation of a son” i.e.a shalom zachor) qualifies as a seudas mitzvah.

The source for a siyum on a masechta of Gemora qualifying as a seudas mitzvah, the Maharshal says, is from a Gemora in Shabbos 118b that Abaye would make a party when he would see a torah scholar finish a masechta (the Maharshal then launches into a suggestion to make the bracha of “hasimchah bi’me’ono” at a siyum, which he retracted from after he felt that it was the reason that a siyum he once attended was totally ruined). At the end of the perek, the Maharshal continues to show from this Gemora in Shabbos that even those who aren't actually finishing the masechta should celebrate with the one completing the masechta, just as we find that Abaye would make the seudah for his students even when he didn't actually learn it with them.

The Maharshal also points out that the Gemora in Ta'anis 30b cites that one of the reasons for establishing a Yom Tov on the fifteenth of Av was because it was the day that they completed the mitzvah of cutting the wood for the mizbei’ach. Just as there is a point to make a seudah and Yom Tov upon the completion of a mitzvah, so too, there would be with the completion of a masechta, because there is no greater mitzvah than completing a sefer. As surprising as it may seem, the seudah at the siyum masechta seems to be better sourced as a seudas mitzvah, more than bris milah (which the Maharsha questions) and pidyon haben (which the Maharshal initially questioned).

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Sunday, December 21, 2008

Converts

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Converts are like Sapachas

Rabbi Chelbo said (Kiddushin 70) : Converts are as harmful to the Jewish people as sapachas (a type of tzara’as).

Rashi explains that this is because converts are not so meticulous in the performance of mitzvos, and those Jews who observe this behavior will become influenced by them.

Tosfos writes that each and every Jew is a guarantor for his fellow, and if converts do not perform mitzvos meticulously, they will be punished on account of them.

Tosfos rejects this explanation, for he proves that when the Jewish people accepted to be guarantors for each other, they did not accept to be guarantors for the converts as well.

Tosfos brings another explanation: They are harmful to the Jews, for it is impossible that someone will not bother them, and the punishment for this will be severe, for the Torah in twenty-four places warn the Jewish people not to bother the converts.

Tosfos brings another explanation: It is because of the converts that we are still in exile, for the Gemora says that Klal Yisroel are scattered all over the world much more so than other nations in order for there to be additional converts.

Rabbeinu Avraham the convert explains differently: It is because the converts are meticulous in their performance of the mitzvos. This shows the shortcomings of ordinary Jews.

TEACHING TORAH TO A GENTILE PLANNING ON CONVERTING
The Rambam (Issurei Bi’ah 14:2) writes that we inform the prospective convert the essentials of the faith, which is the unity of God and the prohibition of idolatry, and they go on at great length about these matters.

The Machaneh Chaim (Y”D II, 45) asks: Why isn’t this forbidden on account of a gentile studying Torah? The Gemora in Sanhedrin (59a) states explicitly that a non-Jew who studies Torah is liable for death.

He answers by citing a Medrash Tanchuma in Parshas Vayelech: The numerical value of Torah is six hundred and eleven. The remaining two mitzvos which complete the six hundred and thirteen are the two mitzvos which were given by Hashem directly at Har Sinai. This is the explanation of the verse: The Torah that Moshe commanded us to observe. Moshe instructed us regarding six hundred and eleven mitzvos; the other two were from Hashem.

The prohibition against teaching an idolater Torah is only applicable to the six hundred and eleven mitzvos that Moshe taught us. The other two, I am Hashem your God and the Unity of God; one would be permitted to teach to them. This is where the Rambam derived his ruling from; we can go on with great length discussing the unity of God and the prohibition of idolatry.

The Maharsha (Shabbos 31a) writes that it is permitted to teach Torah to an idolater who wishes to convert. He proves this from the incident with Hillel and the convert.

Reb Akiva Eiger (41) disagrees and maintains that it is forbidden to teach Torah to an idolater even if he is planning on converting. Hillel taught the convert Torah only after he converted.

NOT BELIEVING A SCHOLAR
At that time, the plaintiff spoke up and said to Rav Yehudah, “Is it me that you call a slave, when, in fact, I descend from the Chasmonai family!” Rav Yehudah responded, “Shmuel has said that whoever says that he is from the Chashmonai family is in truth a slave (for Herod had killed them all out).

Rav Nachman said to Rav Yehudah, “Do you not hold of that which Rabbi Abba said in the name of Rav Huna, who said in the name of Rav: Wherever a scholar issues a halachic ruling (that was previously unknown) and such a point comes up for a practical decision, he is obeyed if he made the statement before the incident occurred, but if the statement was made only after the incident occurred, he is not obeyed (and therefore, we do not have to accept this ruling which you stated in the name of Shmuel)!?

Rav Yehudah replied, “But there is Rav Masnah who holds like me as well?” Rav Masnah was not seen in Nehardea for thirteen years, but just that day, he came before them. Rav Yehudah asked him, “Does the master remember that which Shmuel said while he had one foot on the bank of the river and the other foot was on a boat?” Rav Masnah replied, “Shmuel said, ‘whoever says that he is from the Chashmonai family is in truth a slave, for no one remained from their family except for one maiden who went up on the roof and called out with a loud voice, “whoever says that he is from the Chashmonai family is in truth a slave.” She then threw herself off the roof and died.’”

Rav Nachman declared that the man was indeed a slave. That day, they ripped up many kesuvos in Nehardea (all the married woman from that man’s family lost their kesuvos).

From Rashi’s commentary (Yevamos 77a), it would seem that the reason we do not accept the scholar’s statement is because we are concerned that he might deliberately falsify the halachah.

The Ritva forcefully disputes this. Heaven forbid that a Torah scholar would deliberately falsify the ruling. Rather, the reason why we don’t believe him in these situations is because he might make a mistake; in the excitement of the moment, it would appear to him that he remembers the tradition in one manner, when in fact, it is really the opposite.

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Wednesday, December 17, 2008

Teaching Torah to an Idolater who Plans on Converting - Kiddushin 62

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The Rambam (Issurei Bi’ah 14:2) writes that we inform the prospective convert the essentials of the faith, which is the unity of God and the prohibition of idolatry, and they go on at great length about these matters.

The Machaneh Chaim (Y”D II, 45) asks: Why isn’t this forbidden on account of a gentile studying Torah? The Gemora in Sanhedrin (59a) states explicitly that a non-Jew who studies Torah is liable for death.

He answers by citing a Medrash Tanchuma in Parshas Vayelech: The numerical value of Torah is six hundred and eleven. The remaining two mitzvos which complete the six hundred and thirteen are the two mitzvos which were given by Hashem directly at Har Sinai. This is the explanation of the verse: The Torah that Moshe commanded us to observe. Moshe instructed us regarding six hundred and eleven mitzvos; the other two were from Hashem.

The prohibition against teaching an idolater Torah is only applicable to the six hundred and eleven mitzvos that Moshe taught us. The other two, I am Hashem your God and the Unity of God; one would be permitted to teach to them. This is where the Rambam derived his ruling from; we can go on with great length discussing the unity of God and the prohibition of idolatry.

The Maharsha (Shabbos 31a) writes that it is permitted to teach Torah to an idolater who wishes to convert. He proves this from the incident with Hillel and the convert.

Reb Akiva Eiger (41) disagrees and maintains that it is forbidden to teach Torah to an idolater even if he is planning on converting. Hillel taught the convert Torah only after he converted.

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Monday, November 10, 2008

Miracle of Prayer

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The Mishna in Rosh Hashanah states that whenever Moshe held up his hand, Israel prevailed (against Amalek). The Mishna asks, do Moshe's hands make or break the battle? Rather, this teaches you that so long as Israel were looking upwards and subjugating their hearts to their Father in Heaven, they were victorious; if not, they would fall.

The Netziv in Merumei Sadeh asks on the Mishna's question. What was so strange about Moshe's hands making the battle? Didn’t Moshe’s hands split the sea and perform other miracles as well through his hand?

He answers that the fight against Amalek had to be won in a natural way and not through a miracle. Perhaps we can add that fighting Amalek is in essence the fight that we have daily with our evil inclination. This fight could not be left to miracles. This is what is bothering the Mishna. Could the battle have been won through Moshe's hands like the other miracles? The Mishna’s answer is no, it could not have been since this battle required a victory through natural means.

Let us examine the answer of the Mishna. Rather, this teaches you that so long as Israel were looking upwards and subjugating their hearts to their Father in Heaven, they were victorious; if not, they would fall. Isn't the Mishna stating that they relied on a miracle from Above. They looked upwards and they were victorious. How can this be explained?

The Gemora in Kiddushin (29b) relates an incident with Abaye and Rav Acha bar Yaakov. There was a certain demon that haunted Abaye’s Beis Medrash, so that when two people entered, even by day, they were injured. Abaye instructed the community not to provide Rav Acha shelter when he would arrive in the city, thus forcing the father to spend the night at the Beis Medrash; perhaps a miracle will happen [in his merit]. Rav Acha entered the city and spent the night in that Beis Medrash, during which the demon appeared to him in the guise of a seven-headed dragon. Every time Rav Acha fell on his knees in prayer one head fell off. The next day he reproached them, “Had not a miracle occurred, you would have endangered my life.”

The Maharsha in his commentary to Kiddushin asks that how did Abaye have permission to place Rav Acha in such a precarious position. One is forbidden to rely on a miracle? He answers that Abaye understood the potency of Rav Acha’s prayer. Abaye was certain that Rav Acha’s prayers to the Almighty would be answered and that this is not a miracle. Hashem has instilled in this world the power of prayer and incorporated it into the natural order of the world.

This is what our Mishna is answering. Amalek has to be defeated through natural means and that is what Klal Yisroel did at that time. They cried out to Hashem and subjugated their hearts towards Him and were answered.

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Thursday, September 25, 2008

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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Traits of the Sages

It was stated (Gittin 67) : Shmuel said in the name of Rebbe that the halachah is in accordance with Rabbi Yosi, who said that verbal instructions cannot be passed on to an agent.

Rabbi Shimon the son of Rebbe said to Rebbe: Seeing that Rabbi Chanina of Ono and Rabbi Meir disagree with Rabbi Yosi, what was Rebbe’s reason for saying that the halachah follows Rabbi Yosi?

He replied: Be quiet, my son, be quiet; you have never seen Rabbi Yosi. Had you seen him, you would know that he always had reasons for his views. For we learned in a braisa: Issi ben Yehudah used to specify the praiseworthy merits of the various Sages. Rabbi Meir was a scholar and a scribe. Rabbi Yehudah was a scholar when he desired to be. Rabbi Tarfon resembled a heap of nuts. [When he was asked a question, he cited proofs from Scripture, Medrash, Mishnah, halachah and aggadah, like a heap of nuts toppling over one another.] Rabbi Yishmael resembled a well-stocked shop. [Whenever someone asked him something, he replied immediately, without keeping him waiting.] Rabbi Akiva was like a storehouse with compartments. [All his learning was organized by subject and each subject was taught separately.] Rabbi Yochanan ben Nuri was like a basket of a spice peddler. [He could answer questions from any subject.] Rabbi Elozar ben Azaryah was like an individual’s basket of spices. [The spice peddler has many varieties of spices.] The teachings of Rabbi Eliezer ben Yaakov were measured but pure. [He did not issue many rulings, but the halachah follows him.] Rabbi Yosi always had reasons for his views. Rabbi Shimon used to grind a lot and let out only a little. It was taught in a braisa that this meant that he used to forget little, and whatever he did forget was only bran (teachings that were not in accordance with halachah). And so too, Rabbi Shimon said to his disciples: My sons, learn my teachings, since my teachings are the cream of the cream of Rabbi Akiva’s.

*** The Peri Megadim asks: It is forbidden to speak the praises of a person, even in his presence!?

He answers: Rebbe spoke these praises to himself.

*** The Maharsha asks: Why is it considered a praise about Rabbi Yehudah that he was a scholar when he desired to be? Isn’t that derogatory?

The Aruch explains that Rabbi Yehudah was the first of the speakers. The Iyun Yaakov explains that he was humble, and although he had permission from the king to speak first, he did not want this honor, and he only used it when it was absolutely necessary.

*** The Kesef Mishnah in Hilchos Beis Habechirah (2:18) states that the halachah follows Rabbi Eliezer ben Yaakov only when he is mentioned in a Mishna, but not when he is mentioned in a braisa.

The Chacham Tzvi challenges this from the fact that Shimon ben Azai found this rule in the Megillas Setarim, which was written before Rebbe arranged the Mishnayos, so obviously, the rule is all encompassing, even the braisos!?

Tosfos Yom Hakippurim asks that the Kesef Mishnah contradicts himself, for he explains the Rambam in Hilchos Teshuvah (2:8) that the Rambam holds like Rabbi Eliezer ben Yaakov because his teachings were measured but pure, and this halachah was mentioned in a braisa!?

He explains that whenever he is mentioned in a Mishna, the halachah follows him. However, when he is mentioned in a braisa, it depends upon the logic of his argument.

The Yad Malachei writes that in truth, the Kesef Mishnah holds that the Rambam always rules like Rabbi Eliezer ben Yaakov, even when he is mentioned in a braisa. The Kesef Mishnah that was cited above was in fact a gloss from one of his students, and it erroneously got inserted into the text of the Kesef Mishnah.

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Friday, July 25, 2008

Dangerous Custodians

Daf Yomi: Gittin 14a - 14b: Rabbi Achi the son of Rabbi Yoshiyah deposited a silver vessel with custodians in Nehardea. He said to Rabbi Dustai the son of Rabbi Yannai and to Rabbi Yosi the son of Kippeir, who were on their way there, “When you come back from Nehardea, bring me the vessel back.” They went and got it from the custodians. The custodians said to them: “Make with us a kinyan (that we will thereby be exempt from any further responsibilities)!” They said, “No (we do not want the labilities)!” “Then, give it back,” they said. Rabbi Dustai the son of Rabbi Yannai was willing, but Rabbi Yosi the son of Kippeir refused. The custodians started to hurt Rabbi Yosi the son of Kippeir (in order to get the vessel back). They said to Rabbi Dustai, “See what your friend is doing.” He replied, “Beat him up good!” When they returned to Rabbi Achi the son of Rabbi Yoshiyah, Rabbi Yosi said, “Look, master, not only did he not assist me, but he even said to them, ‘Beat him up good’!” Rabbi Achi the son of Rabbi Yoshiyah asked Rabbi Dustai, “Why did you act in that manner?” He replied, “Those people are very tall and their hats are very tall, and their voices comes from their midsection (since they had very deep voices), and their names are frightening - Arda and Arta and Phili as their leader. If they give instructions, ‘Tie him up,’ they tie him up; if they instruct, ‘kill him,’ you are killed. If they had killed Dustai, who would have given Yannai, my father, a son like me?” Rabbi Achi the son of Rabbi Yoshiyah asked Rabbi Dustai, “Are these men connected with the government?” He replied, “Yes.” Do they have horses and mules that run behind them?” He answered, “Yes.” Rabbi Achi the son of Rabbi Yoshiyah asked Rabbi Dustai, “If that is so, you acted properly.”

*** It is evident from the Gemora that halachically, they were not obligated to return the vessel to the custodians. The Tosfos Harosh explains: The Gemora above had stated that unless the custodian has been established as a liar, he could claim that the depositor does not want that his deposit shall be in someone else’s hands (and therefore, it should be returned to the custodian). Here, the custodian cannot make such a claim. For Rav Achi explicitly instructed them to return the vessel to him.

*** Rashi cites two explanations as to what Rav Dustai said when the custodians were hurting Rabbi Yosi. Either he said, “Beat him up good (in order that he should return the vessel to them)!” Or, he said, “He is deserving of this (since he is not returning the vessel).” Some Rishonim derive from here that it is permitted to save oneself with someone else’s body, for Rav Dustai was telling them to hit Rabbi Yosi because he was terrified that he would get hit.

*** Rabbi Dustai excused his actions by saying, “Those people are very tall and their hats are very tall, and their voices comes from their midsection, and their names are frightening - Arda and Arta and Phili as their leader.” Rashi explains that they were men of great dimensions and they wore awesome clothing. And since they had very deep voices, it appeared as if their voices were coming from their midsections. The Maharsha brings an alternative explanation according to the simple reading of the Gemora: They were one cubit tall and their hats were one cubit tall. It was because of this that their voices appeared to emanate from their midsections.

*** Rabbi Dustai concluded, “If they had killed Dustai, who would have given Yannai, my father, a son like me?” The Vilna Gaon states that it may be gleaned from here that when a son adds an honorable title to his father’s name, he is permitted to say his father’s name. It is only forbidden for one to say his father’s name without a title.

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Monday, June 30, 2008

CAN’T BE ANSWERED IN MIDDLE OF THE PRAYER

The Gemora (Daf Yomi: Sotah 37a) had stated that Yehudah sanctified God’s Name in public. The Gemora cites a braisa: Rabbi Meir used to say: When the Jewish people stood by the Sea, the tribes were fighting with each other. Each one said that they would be the first one to jump in (as the Egyptians were behind them, and they had nowhere else to turn). The Tribe of Binyamin jumped and went down into the Sea first. The officers from the Tribe of Yehudah began to stone them. It was because of this that Binyamin the righteous merited to become the host to the Presence of the Almighty, as it says: And God rests between Binyamin’s shoulders (the Holy of Holies was located in Binyamin’s portion).

Rabbi Yehudah told Rabbi Meir: That was not the way the incident occurred; rather, each tribe said that they would not be the first one to jump in. It was at that point that Nachson the son of Aminadav (the Nasi from Yehudah) jumped and went down into the Sea first. At that moment, Moshe was praying at length. The Holy One, Blessed be He, said to him, “My dear ones are drowning in the Sea, and you are prolonging in prayer before Me!” Moshe replied to Hashem, “What is there for me to do?” Hashem said to him, “Speak to the Jewish people and they should travel forward. You should lift up your staff and stretch out your arm over the Sea and split it.” It was because of this that Yehudah merited becoming the ruling power in Israel.

Rashi in Shmos (14:15) notes: Moshe was standing and praying. The Holy One, blessed be He, said to him, “This is no time to pray at length, when the Jewish people are in distress.” It would seem from Rashi that since they were distressed, it was not the proper time for a lengthy prayer; however, it was a time for prayer.

The Maharsha explains based upon the Gemora in Brochos (28b), which rules that if one finds himself in a dangerous place, he should pray with an abridged version.

The Maharal explains as follows: A person is not answered during his prayer. He is only answered when he concludes his prayer. This is what Hashem was telling Moshe. Now is not the time for lengthy prayers, for the Jewish people are in distress.

This requires clarification. If his prayer was worthy of answering, why couldn’t he be answered during his prayer? Why was there a necessity to wait for the conclusion of his prayer?

Rav Hutner in Pachad Yitzchak (Pesach; 14) cites a Medrash in Shmos Rabbah (21): Why did the Holy One, Blessed be He, place the Jewish people in such a predicament? It was because He desires to hear their prayers. Rabbi Yehoshua ben Levi offers the following parable: A king was traveling o the road when he hears the cries of a damsel in distress. “Help me,” she calls out, “Bandits are attacking me!” The king hears and comes to her rescue. After some time, the king wishes to marry this girl. He invites her to the palace, but she refuses to come. What does he do? He sends out a group of bandits to threaten her, and once again, she calls out to the king to be protected. The king says, “It is to hear your voice that I desired.”

It emerges from here that the prayer is not on account of the Jewish people’s distress; but rather, the suffering or anguish is brought about to stir us into prayer. Hashem wishes to hear our prayers. Reb Yeruchem Levovitz, the Mirrer Mashgiach used to state this principle to explain the following Gemora in Yevamos (64a): Hashem desires the prayers of the righteous. The Matriarchs were barren only so that they should pray to Hashem for children. Their desire for progeny caused the Matriarchs and the Patriarchs to pray to Hashem at a level that under normal circumstances they would not have done. This is why we cannot be answered in middle of a prayer, for then, the salvation will be interrupting the prayer, and the only reason Hashem brought about this situation is only because He wished to hear us pray.

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Tuesday, June 24, 2008

Song by the Sea

The Gemora (Daf Yomi: Sotah 30b) cites a braisa: On that same day Rabbi Akiva expounded: At the time that the Jews ascended from the Sea, they desired to utter a song. And how did they recite the song? It was like an adult who reads the Hallel for a congregation and they respond after him with the chapter headings. (If one does not know how to recite Hallel by himself, it is preferable to have a male adult recite Hallel for him and he should respond after him the refrain of Hallelukah after the completion of every phrase.) Accordingly, Moshe said, “I will sing to Hashem,” and they responded, “I will sing to Hashem”; Moshe said, “For He is exalted above the arrogant,” and they responded, “I will sing to Hashem.” Rabbi Eliezer son of Rabbi Yosi HaGlili said: It was like a minor who reads the Hallel for a congregation and they repeat after him all that he says. Accordingly, Moshe said, “I will sing to Hashem,” and they responded, “I will sing to Hashem”; Moshe said: “For He is exalted above the arrogant,” and they responded, “For He is exalted above the arrogant.” Rabbi Nechemia said: It was like a schoolteacher who divides the Shema in the Synagogue, where he begins first and they respond after him.

The Maharsha explains the opinion of Rabbi Yosi HaGlili: Although Klal Yisroel would have discharged their obligation by merely saying the chapter headings, for who is greater than Moshe! If an adult recites it for them, they would certainly fulfill their obligation. Nevertheless, the reason they wanted to recite it themselves was because there was an element of publicizing the miracle, and that they wanted to actively participate in.

Reb Chatzkel Abramsky in the Chazon Yechezkel on the Tosefta explains differently. He says that when the listeners are not obligated in the recital, they can not be yotze with the recital of the leader. That would only be effective if they would be obligated to recite it as well. Klal Yisroel were not required to utter a song at that time, and therefore, when they did recite it, they sang it themselves.

Reb Dovid Goldberg asks: Why weren’t they obligated to praise and thank Hashem at that time? We have learned in Pesachim (117a) that the Chachamim said: The prophets among them instituted that Hallel should be recited for every season, on every special occasion and for every crisis that might come upon them, and when they are redeemed from it, they recite it over their redemption. If so, they certainly would be obligated to recite Hallel after being saved by the Sea!

He answers that it is evident from the Gemora in Pesachim that they did recite Hallel immediately after ascending from the Sea. Afterwards, they desired to recite even more, and that wasn’t an obligation.

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Sunday, June 08, 2008

Sinner should not Gain

The Gemora (Daf Yomi: Sotah 15a) cites a braisa: Rabbi Shimon said: In truth, the sinner’s minchah should require oil and levonah, for we do not want the sinner to gain. Why then does it not require them? It is because we do not want his minchah to be elegant.

The Gemora (Yoma 86b) states that repentance is so great that willful transgressions can be regarded as merits, providing that one is motivated to repent by love.

The question is asked: How can that be? Isn’t the sinner gaining?

The Maharsha answers: The Gemora does not mean that the sin itself converts into a merit; but rather, through his repentance out of love, he will merit performing other mitzvos and good deeds.

Reb Tzadok Hakohen answers: The sin does convert into a merit. This is because once a person has tasted the pleasure of a sin, it becomes more difficult for him to control himself and not sin again. If, after sinning, one can nevertheless restrain himself from transgressing again, he will merit that his sins are converted into merits.

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Thursday, November 01, 2007

Sacrificing One's Life for Another

The Gemora (Kesuvos 61b) records an incident: Ameimar, Mar Zutra and Rav Ashi were once sitting at the gate of King Izgur’s palace (a Persian king). The King’s table-steward passed them by (carrying food for the king). Rav Ashi, observing that Mar Zutra turned pale in the face, took some of the food with his finger and put it into his mouth. “You have ruined the king’s meal,” the table-steward exclaimed. “Why did you do such a thing?” he was asked by the king’s officers. Rav Ashi responded, “The man who prepared that dish has rendered the King's food objectionable.” “Why?” they asked him. “I noticed,” he replied, “leprous pig meat in it.” They examined the dish but did not find anything. Rav Ashi took hold of the chef’s finger and put it on one piece of meat, and he asked them, “Did you examine this part?” They examined it and miraculously found it to be as Rav Ashi had said. The Rabbis asked him, “Why did you rely upon a miracle?” Rav Ashi replied, “I saw the demon of leprosy hovering over him.”

The Maharsha explains that the Rabbis asked Rav Ashi: Why did you put yourself into a severely dangerous predicament in order to save Mar Zutra from a minor danger.

What did Mar Zutra answer? Reb Avi Lebovitz explains: The Gemora answers that Rav Ashi saw the demon of leprosy hovering over him. One could interpret that he wasn't relying on a miracle since he saw that there were signs of leprosy on the meat. However, Rashi implies that Rav Ashi’s answer was that he saw signs of leprosy on Mar Zutra, indicating that the element of danger for Mar Zutra was actually more severe, therefore he was willing to give up his own life to save the life of Mar Zutra.

The Chasam Sofer proves from this dialogue that one is obligated to risk their own life in order to save another. Although this Gemora doesn't prove any obligation, and would only prove that one is allowed to risk their life to save another; the Chasam Sofer seems to hold that when it comes to life, there can't be a choice; it is either mandatory to sacrifice one’s own life or a prohibition.

The Radvaz rules that one is not permitted to sacrifice a limb of his own in order to save the life of another.

The Chasam Sofer challenges this form our Gemora. He understands that the danger to Rav Ashi was that the king will sever his finger. Rav Ashi relied on the miracle in order to save the life of Mar Zutra, for if would not have interceded, Mar Zutra would have died.

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Wednesday, October 24, 2007

Transferring Inheritance Away From Yishmael

Shmuel said to Rav Yehudah (Kesuvos 53a): “Smart one! Do not be present when an inheritance is being transferred (away from the rightful heir) even when it is from a bad son to a good son, because one never knows what offspring will come forth from him (the bad son) and certainly when the transfer is from a son to a daughter (even though the transfer is valid, it should not be condoned).”

It is written in Parshas Chaye Sarah [24:10]: And the servant took ten camels of his master's camels, and he went, and all the best of his master was in his hand. Rashi comments that Avraham wrote a gift deed to Yitzchak for everything he owned, so that they would hasten to send him their daughter.

The Daas Zkeinim asks: The Gemora in Eruvin states that Avraham fulfilled the entire Torah including the Rabbinical obligations, such as eruv tavshilin. How could Avraham transgress this prohibition of transferring the inheritance away from the rightful heir; Yishmael and the sons of Keturah should have been the inheritors?

The Mizrachi answers: Avraham was permitted to do this because he was told by Hashem [Breishis, 21:12]: For in Yitzchak will be called your offspring.

The Maharal in Gur Aryeh answers: It was permitted because Sarah had told Avraham [ibid, v. 10]: For the son of this handmaid shall not inherit with my son, with Yitzchak. Sdei Chemed explains: Would Avraham heed Sarah’s words and violate a Rabbinical prohibition? Rather, the explanation is as follows: Since Hashem agreed with Sarah and He told Avraham [ibid, v. 12]: Whatever Sarah tells you, hearken to her voice, Avraham was given permission to transfer all his possessions to Yitzchak.

The Yefeh Toar answers that there is no transgression whatsoever when a father gives his possessions away during his lifetime; the prohibition is only when he transfers his property immediately prior to his death.

Maharsha (Sanhedrin 91a) answers: Yishmael and the children of Keturah were not fit to inherit Avraham. This is because Yishmael was the son of a slavewoman and Keturah was a pilegesh, and not an ordinary wife.

Rav Elyashiv challenges this explanation: Yishmael is referred to in the Torah as Avraham’s son; how can the Maharsha say that he was not an actual son?

The Oholei Yitzchak answers the original question: Our Gemora explains the rationale for this prohibition. One should not transfer an inheritance away from the rightful heir even when it is from a bad son to a good son, because one never knows what offspring will come forth from him (the bad son). Avraham knew through ruach hakodesh that no good offspring will ever come out from Yishmael, and therefore, there is no prohibition to give all his possessions to Yitzchak.

Similarly, the Chasam Sofer explains the verse in this week’s parsha. It is written [ibid, 21:11]: But the matter greatly displeased Abraham, concerning his son. Rashi explains literally: Avraham was displeased because Sarah told him to send Yishmael away. The Chasam Sofer explains: Avraham didn’t want to send him away because he was concerned on the account of this prohibition. How could he chase Yishmael away and give all his possessions to Yitzchak if Yishmael is the rightful heir, and perhaps, Yishmael will have some good offspring. Sarah saw through ruach hakodesh that there will be no good offspring coming from Yishmael, and Hashem told Avraham to listen to the words of Sarah.

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