Miracle of the fire - Zevachim 89

Our Mishna says that one must first burn the limbs of an ‘olah and then the parts of a chatas. At the inauguration of the altar in the Sanctuary, the Torah says that they put the ‘olah on the altar and, above it, the parts of the other sacrifices (Vayikra 9). But when the fire came out from before Hashem and “consumed on the altar”, the verse says that it consumed the “’olah and the fats.” In other words, first the fire burned the ‘olah and then the fats above the ‘olah! The Netziv writes that this was a miracle to observe the halachah that the limbs of an ‘olah are burnt before the parts of other sacrifices (Ha’amek Davar, Shemini).

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Kinyan Kesef

The Mishna had stated: If a man verbally divides his property among his inheritors, Rabbi Elozar says that whether he is healthy or dangerously ill (he is required to make a formal kinyan to transfer his property), real property (land) can be transferred only by money payment, by document, or by an act of possession (chazakah; displaying ownership), and movable property may be transferred only by pulling (a kinyan meshichah).

This would be a proof that one may give a gift through a kinyan of money, for the words of a shechiv mei’ra are merely a gift, and yet, Rabbi Eliezer said that he may transfer property through a kinyan of money.

The Netziv points this out in his He’emek Shailah. However, he cites a She’iltos that omits the kinyan of money. The She’iltos writes that his transfer of property can be accomplished through a chazakah (propriety act), a document or chalifin (exchange), but there is no mention of money. It would seem that the Tur also holds like this.

This would be dependent on the dispute between the S”ma and the Ta”z regarding the mechanism of a kinyan with money. The S”ma holds that money is the value of the purchase and it is used as part of the payment. Accordingly, this would not apply when one is giving a gift to another. However, according to the Ta”z, who holds that money is an act of acquisition similar to others; one can use the kinyan of money to acquire a gift.

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Destined to Give an Account

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The Mishna in Pirkei Avos (4:29) states: Against your will you were created; against your will you were born; against your will you live; against your will you die; and against your will you are destined to give an account before the King who rules over kings, the Holy One, Blessed be He.

The question is obvious: If a person is living against his will, why is he forced to give an account of his actions?

The Vilna Gaon explains this based upon the Mishna: If someone (owned fields surrounding the field of his friend and) put up fences around three sides (separating their fields), we do not make the owner of the inner field pay (for the cost of building the fence, for it does not really help him, since his field is left opened on one side). Rabbi Yosi says: If the one being surrounded makes the fourth wall, he is obligated to pay his share in all of the walls (for he has demonstrated that he approves of the building of the other three sides). If the owner of the outer property surrounds the inner owner on three sides, the inner owner is not obligated to defray the cost of the building because he has not benefitted, for the fourth side is completely opened. He also can claim that he did not request this at all. However, if the inner owner builds the fourth wall, he has revealed that he approves of the building of the three walls, and he therefore is obligated to contribute to the cost of all four sides of the fence.

So too, explains the Gaon, Hashem fences a person on three sides: A person is created; he is born; and he is living against his will. Accordingly, he is not obligated to pay for it (to give an account of his deeds). But when a person becomes ill and is close to dying, he makes every effort available to him in order to stay alive. He will spend any amount of money for doctors, medicines and cures. He will cry out with all his might that he wants to live. This is as if he is fencing the fourth wall. He is demonstrating that although he was created and born against his will, he now approves and is willingly living. He therefore is destined to give an account of his actions.

The Netziv recounted that one time the students of the Gaon were sitting around the Gaon’s table when he said over this explanation. The Dubno Maggid was there as well, and upon hearing the interpretation, offered the following parable: A man had two daughters; one of them was extremely ugly and the other one had a very bad temperament. No man wanted to marry them until the following marriage was suggested: A blind man should marry the ugly one, and a deaf one should marry the one with the dire disposition, for he will not hear her yelling. The father of the girls accepted and his daughters were married off. Many years passed and the couples prospered. They became wealthy and built a beautiful family. One day an expert doctor arrived in the city and told them that he is capable of healing both the blind man and the deaf one. They agreed on a price and the procedures were successful. However, to the dismay of the couples, strife and arguments between the men and their spouses immediately flared up. The ex-blind man saw the hideous appearance of his wife and the ex-deaf man heard his wife’s constant nagging and yelling.

When the doctor approached them with his bill, they refused to pay him, claiming that he made it worse for them, not better. The case was brought to court and the judge inquired of the doctor if it was possible for him to undo that which was done. He replied that this would no problem at all for him to do. The judge ruled that since these men were better off before the doctor’s involvement in their life, he must make them blind and deaf again. When the men heard the ruling, they proclaimed that they would rather keep their sight and their hearing. Upon hearing this, the judge reversed his ruling and said that they now have revealed that they are happy with the improvement, and they are obligated to pay the doctor for his services.

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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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Master of All

The Ran (Nedarim 2a) maintains if one states that he will not do something and includes the Name of Hashem, that itself is regarded as an oath. He proves this from a Gemora below (22b) which says that if one says, “By the Master of all, I will not eat it,” he is prohibited from eating it, although he did not say that he was invoking an oath.

It is evident from this Ran that the words “Master of all” is regarded as saying the Name of Hashem. If so, Reb Shlomo Zalman Auerbach asks: How would one be permitted to mention this expression (Adon Olam) in his daily speech; it should be regarded as pronouncing the Name of Hashem in vain?

The Chasam Sofer writes that this is indeed the halacha. Just as saying “The Compassionate One” in Hebrew is considered an oath, so too, if he says “Rachmana” in Aramaic, it is regarded as an oath. And just as these expressions are included in the prohibition of swearing with the Name of Hashem in vain, so too, if one uses this expression in vain, he has violated this prohibition, for both of these transgression (swearing falsely and saying Hashem’s Name in vain) are derived from the same verse. Reb Shlomo Zalman is deeply troubled by this ruling, for if so, it would be forbidden to say “Ribbono shel Olam,” or “Adon Olam,” and this is not found in the poskim.

The Netziv cites a different ruling of the Chasam Sofer: If one finds himself in a situation where he is uncertain if he should recite a certain blessing or not, he may say the following: Brich Rachmana Mara D’alma (Blessed is the Compassionate One, Master of all). This would seemingly be a contradiction to the other ruling of the Chasam Sofer. If “Master of all” is considered the Name of Hashem in regards to an oath and in respect to uttering the Name of Hashem in vain, what remedy is there by reciting this other version of the blessing; he is anyway saying the Name of Hashem? Reb Akiva Eiger rules that one is prohibited from using this other version because of this concern.

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Perfume for the Yerushalmi Women

The Mishna had stated: The groom should give ten dinars to her “kupah.”

The Gemora (Kesuvos 66b) asks: What is her “kupah?” Rav Ashi says: It refers to her box of perfumes. Rav Ashi qualified this ruling: This law was only stated regarding Yerushalayim.

Tosfos explains: Although, the Gemora in Yoma (39b) states that a bride had no necessity to use fragrances because of the aroma of the ketores; they still required cosmetics in order to beautify her skin.

The Ritva (ibid) answers: It was beneath the dignity of the wealthy women in Yerushalayim to rely on the aroma of the ketores; their husbands were required to provide fragrances for them.

The Netziv answers that the aroma of the ketores was only sufficient during the time of the burning of the incense, but a husband needed to provide his wife with perfumes and cosmetics for the remainder of the time.

Reb Elozar Moshe Horowitz answers: On the contrary! The women of Yerushalayim required even more perfume than others. When they took leave of Yerushalayim, they needed to compensate for the lack of the aroma emanating from the ketores.

A similar answer is brought from the Likutei Chaver ben Chaim: A woman in Yerushalayim required even more perfume than an ordinary woman, for if she would want that her husband should recognize her distinct smell, she would need to use a lot of perfume in order that her aroma should not be negated by the aroma of the ketores.

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LEARNING THROUGH HARDSHIPS - Yevamos 81 - Daf Yomi

The Mashgiach of Kaminetz, Rabbi Moshe Aharon Stern zt”l related the following incident: The Netziv once visited the Reshash, who was twenty-three years the Netziv’s senior. The Reshash posed to the Netziv a very difficult question that he had raised on Tosfos to Yevamos (81b) The Netziv, after pondering the question for some time, was able to resolve the difficulty by emending a word in Tosfos. The Reshash was satisfied with the answer of the Netziv, and the Reshash quotes the Netziv in his gloss on the Gemora. The Reshash concluded his comment with the praise (Mishlei 24:26): Sfisayim yishak, the lips of one who responds with proper words should be kissed.

Upon hearing the answer of the Netziv, The Reshash wondered why he did not merit providing the correct answer to his difficulty. The Netziv replied that the Reshash was wealthy, whereas the Netziv lived a life of poverty. The Netziv said: “When one studies Torah despite living a life of hardship, Hashem opens for him the wellsprings of Torah.”

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CUT OFF WITHOUT CHILDREN - Yevamos 55 - Daf Yomi

Rashi’s opinion is that kares includes two punishments: He will die before his time, and he will die childless.

Tosfos (2a) cites the opinion of the Riva that only where the Torah explicitly uses the term “aririm” will the second punishment apply; otherwise, he will die young, but with children. Tosfos does conclude that all arayos will entail both punishments because they are comparable to each other.

The Ramban writes that the second punishment will not be applicable by other transgressions, such as eating blood or forbidden fats.

The Netziv cites a Yerushalmi that maintains that only by those specific arayos which state “aririm” does the second punishment apply; otherwise, he will die young, but with children.

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