Giving Generously

The Gemora states that one who gives a present to another gives it away generously (with a favorable eye).

The Pardes Yosef quotes from the Vilna Gaon the following explanation: Hashem promised that He would give Eretz Yisroel to Avraham Avinu’s descendents. Avraham asked Him [Breishis 15:8]: How will I know that I will inherit it?

A righteous person obtains rewards for one of two reasons: either as a reward for his observance of mitzvos, or as a matnas chinam – it is given gratuitously. Something that is given to him as a reward can be negated if he commits a sin, for that nullifies the good actions that he performed. However, that which is given out of the kindness of the Holy One, Blessed be He, cannot be negated by a sin, for it is given gratuitously - with a good eye.

Accordingly, it can be explained that whenever Hashem promised Eretz Yisroel to Avraham Avenue, Avraham thought that it was a matnas chinam, and therefore, he was confident that his descendants will receive it. However, then it was said to him [ibid: 7]: I am Hashem who took you out from the fire at Kasdim. Now that the giving of Eretz Yisroel was dependant on the fact that Avraham threw himself into the furnace, Avraham was concerned that perhaps, he had committed a sin which would negate the mitzvah that he performed. Hashem replied to him that this inheritance will not be nullified for any reason whatsoever, and that is why Hashem said: To your children, I gave the land, for it was regarded as if it was already given to them, for nothing can prevent its happening.

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Best of Physicians to Gehinom

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The Mishna (Kiddushin 82a) had stated: Abba Guryon of Sidon says in the name of Abba Gurya: A man should not teach his son to be a donkey driver, a camel driver, a wagon driver, a sailor, a shepherd, or a shopkeeper, for their craft is the craft of robbers. Rabbi Yehudah says in his name, Most of the donkey drivers are evil men, and most of the camel drivers are righteous. Most of the sailors are pious. The best of the physicians are destined to Gehinom, and the most righteous of the butchers is the partner of Amalek.

There are several explanations as to the meaning of the Mishna when it states that the best of the physicians are destined to Gehinom.

Rashi understands it to mean that doctors do not fear sicknesses for they eat healthily. They therefore are not humble before Hashem. There are times that they will cause someone to die. They also can refuse to heal the poor if they do not have money to pay for their services.

The Pardes Yosef writes that a doctor must visualize Gehinom opened up before him at all times, for his decisions can lead to someone’s death.

The meaning cannot be that all doctors are destined for Gehinom, for there are many examples of great Torah scholars who were also physicians. Shmuel, Rabbi Chanina, Abba Umna, the Rambam and many more were all doctors. Rather, there are two types of doctors. There are the righteous ones who know that that they can accomplish nothing without Hashem; they are merely Hashem’s agents to heal. There are others, unfortunately, who are not believers. They think that they have the power of healing in their hands. These physicians skip the blessing of “Refa’einu” in Shemoneh Esrei. Accordingly, they have only seventeen brochos in Shemoneh Esrei. This is what the Mishna means: “Tov she’b’rofim” – the numerical value of “tov” is seventeen. Those doctors that have only seventeen brochos in their Shemoneh Esrei are destined for Gehinom.

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"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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Kiddushin Daf 12

MONEY; NOT DIRT

Shmuel Daf yomi Kiddushin 12a said: If someone betroths a woman with a date, even if a kur of dates is only worth a dinar, we say that she is betrothed, as a single date might be worth a perutah in (the country of) Media (where dates are not so common).

The Ra”n explains that this is because she can say that to her, the date is worth a perutah.

This explanation is challenged by the Acharonim, for if so, the kiddushin should be valid even if it is not worth a perutah in Media (similar to the incident involving Rav Kahana and the kerchief cited above)?

The Pardes Yosef answers: In order for someone to say, “It is worth a perutah to me,” it has to be regarded as “money,” and not mere earth. It is considered “money” if it valued as a perutah somewhere in the world. If the date is worth a perutah in Media, the woman can say here, “It is worth a perutah to me.”

PERUTAH

Today, the custom, based upon the Ram”a is as follows: Under the chupah, prior to the man giving the ring to the woman, the Rabbi asks the witnesses in the presence of the bride whether, in their opinion, the ring is worth a perutah, the minimum amount necessary for the marriage to be effective. This is done in order that the woman should know that her husband is only marrying her with one perutah of the value of the ring, and the remaining value is a present. It follows, therefore, that if the ring were to be found fake, it should not affect the marriage. As long as the ring was worth a perutah, she cannot claim that she consented to the marriage under an erroneous assumption. Although she thought that her present (the ring) was worth more than it actually did, it cannot affect the marriage.

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Eliezer the Slave

Rabbi Chiya bar Abba said in the name of Rabbi Yochanan (Daf Yomi: Gittin 23b) : A Canaanite slave is disqualified from serving as an agent to receive a woman’s get from her husband because he is not included in the halachos of divorce and marriage.

Tosfos in Kesuvos (7b) writes that Eliezer was the agent of Yitzchak to marry Rivkah.

The Panim Yafos asks: How could Eliezer serve as the agent for marriage, when he was not included in the halachos of marriage.

He answers that this principle is only applicable when he is serving as an agent for another person. However, a slave may serve as an agent of his master for marriage and divorce, since he is considered the hand of the master.

This explains why Eliezer began by saying, “I am the slave of Avraham.”

The Pardes Yosef asks that this does not explain how Eliezer could marry Rivkah on behalf of Yitzchak! Eliezer belonged to Avraham; not to Yeitzchak!?

He answers that this is why Avraham gave over all his possessions to Yitzchak, including his slave, Eliezer. Once Eliezer belonged to Yitzchak, he could serve as his agent.

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Moshe's Death and Nezirus on Shabbos

The Gemora (Daf Yomi: Nazir 14a): inquires: What is the halacha if he said, “like Moshe on the seventh of Adar”? (Is he referring to Moshe’s birthday – a day of celebration, and then, he would not be declaring himself as a nazir; or perhaps, he was referring to the day that Moshe died – a day of sorrow, and then, he would be declaring himself as a nazir?)

Tosfos writes that on the day that Moshe died, there were presumably many Jews who declared a vow of nezirus because of their sorrow.

The Ben Poras asks: Behold, Moshe died on Shabbos! (Tosfos in Menachos (30a) cites a dispute regarding this. Some say that he died on a Friday.) How was it permitted for them to accept a vow of nezirus on Shabbos? He explains: The Rama Mipano rules that a Kohen Gadol cannot be anointed with the anointing oil on Shabbos because this oil renders him holy, and this would be regarded as tikkun gavra (repairing him, which would be forbidden on Shabbos). Accordingly, it should be forbidden for one to accept nezirus on Shabbos, for with his vow, he becomes holy!

He answers that since it is possible to have the nezirus annulled, and he is not a permanent nazir, it is not regarded as a tikkun gavra.

The Pardes Yosef answers that they accepted nezirus on Motzoei Shabbos; not on Shabbos. This would certainly be congruent with the opinion who holds that he died at sunset towards the conclusion of Shabbos. It is for this reason that we recite the tefillah of tzidkascha tzedek by Mincha on Shabbos.

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Talking Cow

The Mishna had stated (Daf Yomi: Nazir 10a): If one said, “This cow said, ‘I am hereby a nazir if I stand up,’” or he said, “This door said, ‘I am hereby a nazir if I open’” (the Gemara will explain these cases), Beis Shamai says: He is a nazir. Beis Hillel says: He is not a nazir.

The Gemora asks: Does a cow talk?

The Gemora suggests different interpretations of the Mishna. It is noteworthy that Tosfos cites Rabbeinu Peretz saying that the Mishna is discussing a case where the cow actually did talk!

There are numerous times in Chazal that we find a statement that would seem to indicate that a tree, animal or even an inanimate object was speaking. The Gemora in Sanhedrin (108b) records a conversation that Noach had with the raven. The Gemora Eruvin (18b) relates what the dove told to Noach. The Yerushalmi in Sanhedrin (2:6) discusses the complaint of the letter yud before the Ribbono shel Olam (that he was removed from Saray’s name).

The Maharatz Chiyus in his introduction to the Ein Yaakov states that Chazal do not mean to say that the animal’s or letters were actually talking; rather, they are relating what they could have claimed if they would have been given the power of speech.

However, Reb Boruch Epstien in his notes on the Pardes Yosef (58) cites our Tosfos, which seems to say otherwise.

Reb Yaakov Emden comments that it would appear from our Gemora that if the cow would have been able to talk, the Mishna would be understandable. He asks: What would it accomplish if the cow had the ability to speak in the same manner as Bilam’s donkey? Can a person become a nazir because of the animal’s declaration? Even if another human would declare that his fellow should be a nazir, he wouldn’t be a nazir!

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The Man and the Servant

In our Mishna (Nedarim 89a), when it says, “This is the rule” (once she enters into her own jurisdiction for even one moment, the husband cannot revoke her vows), it is coming to include a case where the father gave her over to the husband’s agents, or the father’s agents gave her over to the husband’s agents. From this point and on, the husband may not revoke any of his wife’s prior vows.

For once she was given over to them, her father no longer has any jurisdiction over her, because this handing over is regarded like nisuin. The husband may revoke nedarim that she makes from this time on, but with respect to her prior nedarim, he may not revoke them. He cannot revoke them in conjunction with her father either, because she has left her father’s jurisdiction, and he no longer has any rights over her.

Based upon this principle, the Pardes Yosef explains the following verse [Breishis 24:61]: And Rivkah and her maidens arose and rode on the camels, and they followed the man; and the servant took Rivkah and left. Why was Eliezer first referred to as “the man,” and afterwards, “the servant”?

We can answer as follows: As long as Rivkah was under the jurisdiction of her father, although Eliezer was the servant of Yitzchak, because Avraham gave over all his possessions to him, nevertheless, he was not the servant of Rivkah. Therefore, Eliezer (with respect to Rivkah) was called, “the man.” However, after Rivkah’s maidens, who were Lavan’s agents, handed her over to Eliezer, she entered into the jurisdiction of Yitzchak, for her father gave her over to the husband’s agent (Eliezer). Once she entered into her husband’s authority, Eliezer now became her servant, and therefore, the Torah refers to him as “the servant.”

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