Showing posts with label Reb Ezriel Cziment. Show all posts
Showing posts with label Reb Ezriel Cziment. Show all posts

Tuesday, April 15, 2008

Pauper Acting Rich

The braisa (Daf Yomi: Nazir 25b - 26a) states: Other people who are obligated to bring bird offerings by the Torah (because they cannot afford to buy animal offerings) who already designated the money to buy the birds (and then became rich), if they now want to bring a chatas or olah offering instead, they may do so.

The Mefaresh understands this Gemora to be referring to a rich woman who has given birth, where her chatas is a bird.

It is noteworthy that after the Torah discusses the korban that a rich woman who has given birth brings, it says [Vayikra 12:7]: This is the law of a woman who gives birth to a male or to a female. The question is asked: Immediately following this verse, the Torah teaches us the korbanos that a poor woman who has given birth brings. Why would the Torah say regarding the rich woman’s korbanos that “this is law of a woman who gives birth”? It would seem from the verse that only the rich woman’s korbanos are the law, and not the korbanos from the poor woman.

The Kli Chemdah (Parshas Tazria) cites a Gemora in Menochos (110a): It is written: This is the law of an olah. The Gemora expounds: Anyone that studies the laws of an olah is considered as if he brought a korban olah. What would be if a poor person would recite the portion dealing with the rich person’s korbanos? Would it be regarded as if he brought the korban? The answer may be gleaned from the fact that the Torah concluded the portion dealing with the rich woman’s korbanos with the following verse: This is the law of a woman who gives birth. The Torah is informing us that the recital of this portion is sufficient for anyone, even for a poor woman.

[The Gemora states that Hashem told Avraham Avinu that whenever Klal Yisroel will read the Torah portions pertaining to the korbanos, it will be regarded as if they brought korbanos and their sins will be forgiven.

The commentators discuss if this concept applies by other mitzvos as well. Perhaps it can be said that the studying of any mitzvah that cannot be performed nowadays will be regarded as if one fulfilled the mitzvah.

The Chafetz Chaim cites the Gemora in Bava Metzia (114b) that the Amoraim were fluent in Seder Kodoshim in the same manner as Seder Moed, Nashim and Nezikin. This is because Kodoshim was relevant to them since the learning about the korbanos was regarded as if they actually brought a korban. Implicit in his words that for some reason this was only true regarding Seder Kodoshim and not to Seder Zeroim or Taharos which also has many halachos that do not apply outside of Eretz Yisroel and after the destruction of the Beis Hamikdosh.

The Taz in his sefer Divrei Dovid maintains that the concept applies to all mitzvos and one who studies the laws of Zeraim, it will be regarded as if he gave terumos and ma’asros to the kohanim and levi’im and it will be considered as if he gave all the presents to the poor people. This is the explanation in Yaakov’s words to Esav "Im Lavan garti," which Chazal understand to mean that Yaakov kept all 613 mitzvos in Lavan’s house. There were many mitzvos that he was not able to fulfill at that time; it is evident that the studying of these mitzvos are regarded as if he fulfilled them all.

The Ben Ish Cahi explains the verse in Nitzavim: "Ki Korov eilecha hadavar meod b’ficha u’vilvov’cha la’asoso." It is possible to fulfill all the mitzvos with your mouth (by studying them) even those mitzvos that you cannot actually perform.]

We can add that the Mishna in Negaim compliments this explanation. For the Mishna says that if a poor person who is a metzora brings the korban that a rich person is supposed to bring, he fulfills his obligation. The Chinuch (123) states by a korban olah v’yoreid - (certain sins which require a korban chatos, he either brings an animal, bird or flour offering depending on his status - this is called a fluctuating korban) if a poor person brings the korban of a rich person, he does not fulfill his obligation. The Chinuch explains the reason: the Torah had compassion on the poor person, it is not proper for him to compel himself to bring a korban which he cannot afford. How can the Chinuch hold against the Mishna, which explicitly states that he does fulfill his obligation?

The Chasam Sofer answers based on the following Gemora in Shabbos: Hashem punishes each person according to what he can afford. A rich person who sins will lose his cow. A poor person, on the other hand, will lose his chicken or some eggs. Therefore, there is a distinction between the korban of a metzora or a woman who gave birth and the korban olah v’yoreid. A metzora is not required to bring a korban because he sinned, it is to purify him and allow him to eat kodoshim. If a poor metzora decides to bring the rich man’s korban, he will have discharged his obligation. Conversely, a sinner who does that will not have discharged his obligation, for here the Torah prescribed for him the korban which will give him atonement according to his status. The korban is in place of the punishment. It is not decided by the pauper what his punishment should be, and therefore when he brings the korban of a rich person, he does not fulfill his obligation.

The Sfas Emes (here and quoted in Moadim U’zmanim as a story which occurred by a Kenesiya Gedola) answers that there is a basic distinction. A metzora disregarding if he is rich or poor, is required to bring a chatas and an olah. The rich man brings animals and the pauper brings birds. If a poor person brings the korban of a rich person, he fulfills his obligation, for he brought the prescribed amount. A korban olah v’yoreid is different. A rich person brings an animal for a korban chatas and a poor person brings two birds, one for a chatas and one for an olah. If a poor person will force himself to bring the korban of a rich person, he will not fulfill his obligation because he cheated the Altar out of one korban - namely the olah.

There are two questions on this explanation (look in Shemuas Chaim and in Mitzvas Hamelech from Harav Ezriel Cziment). Firstly, the Chinuch says a different reason for his not fulfilling his obligation. He says because the Torah doesn’t want a poor person to overburden himself. He does not say the reason of the Sfas Emes that he missed a korban? Secondly, one must ask, why is it that a poor person is required to bring two korbanos and a rich person only brings one? The Ibn Ezra explains the reason for this: A chatas bird is completely eaten and an olah bird is completely burned on the Altar. These two birds together replace a regular korban which entails a human consumption and the Altar’s consumption. They are actually one korban. Therefore, one can say that a poor person is not missing a korban by bringing one animal instead of two birds?

It would seem, however, that this question can be answered. Even according to the Ibn Ezra, the two birds are not one korban. They are two korbanos complimenting one another. The rationale behind bringing the two korbanos could be because the Torah wants human consumption and the Altar’s consumption; nevertheless, it is still two korbanos and a poor person is missing one korban when he brings the korban of a rich person.

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Sunday, November 04, 2007

Yevamah’s Mitzvah

The Gemora (Kesuvos 64a) states that we don’t write a certificate of rebelliousness against the yavam because we tell the yevamah, “Go, you are not obligated in this mitzvah!”

Rashi explains: The mitzvah to procreate obligates men, but not women.

The question can be asked: What about the mitzvah of yibum? Even if the woman is exempt from the commandment to procreate, but if she is obligated in the mitzvah of yibum, it should be regarded as the yavam is depriving the yevamah of her mitzvah. It is evident from our Gemora that the mitzvah of yibum is applicable only to the yavam, and not to the yevamah.

The Avudraham writes that the yevamah does not recite a blessing when she submits to chalitzah or yibum because she is exempt from the mitzvah of procreation. It seems that the two mitzvos are dependent upon each other; since she is not obligated to have children, she is exempt from the mitzvah of yibum.

The Rambam in his Sefer HaMitzvos (216) writes that there is a commandment for the yavam to perform a yibum with his brother’s wife when his brother died childless.

The Minchas Chinuch (1:15) states that it is implicit from the Rambam that he maintains that the mitzvah of yibum is an obligation for the man (the yavam) and not for the woman (the yevamah).

The Chinuch (Mitzvah 598 and 599) states explicitly that the mitzvah of yibum is only applicable to men and not to women.

The Minchas Chinuch cites a Pnei Yehoshua in Kesuvos (40a) that the mitzvah of yibum also applies to the yevamah.

Why should there be an obligation for the yevamah; the Torah explicitly states that the brother should marry his brother’s wife. It is not written anywhere that she shall be taken for yibum?

Reb Ezriel Cziment, in his sefer Mitzvos Hamelech answers: Besides the mitzvah of performing a yibum, there is also an obligation to establish a name for the deceased. It is this mitzvah that the yevamah plays an integral role in and she is thus included in the mitzvah obligation.

This would seemingly be inconsistent with our Gemora.

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Tuesday, May 29, 2007

MITZVAH OF YIBUM - WHO HAS THE OBLIGATION? - Yevamos 26 - Daf Yomi

The Rambam in his Sefer HaMitzvos (216) writes that there is a commandment for the yavam to perform a yibum with his brother’s wife when his brother died childless.

The Minchas Chinuch (1:15) states that it is implicit from the Rambam that he maintains that the mitzvah of yibum is an obligation for the man (the yavam) and not for the woman (the yevamah).

The Chinuch (Mitzvah 598 and 599) states explicitly that the mitzvah of yibum is only applicable to men and not to women.

The Minchas Chinuch cites a Pnei Yehoshua in Kesuvos (40a) that the mitzvah of yibum also applies to the yevamah.

Why should there be an obligation for the yevamah; the Torah explicitly states that the brother should marry his brother’s wife. It is not written anywhere that she shall be taken for yibum?

Reb Ezriel Cziment, in his sefer Mitzvos Hamelech answers: Besides the mitzvah of performing a yibum, there is also an obligation to establish a name for the deceased. It is this mitzvah that the yevamah plays an integral role in and she is thus included in the mitzvah obligation.

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Monday, September 25, 2006

Daf Yomi - Sukkah 23 - Shofar on Shabbos

The Gemara cites a dispute between Rabbi Meir and Rabbi Yehudah whether a Sukkah constructed on top of an animal is valid or not. Rabbi Yehudah maintains that a Sukkah must be fit to be used for all seven days and since this Sukkah cannot be used on Shabbos or Yom Tov because of the Rabbinic injunction against riding on an animal, this Sukkah is invalid. Rabbi Meir, however, maintains that the Sukkah is valid because the Sukkah is Biblically fit for all seven days and the fact that it is not rabbinically fit does not invalidate the Sukkah. This issue of something that is biblically fit but is rabbinically unfit has halachic ramifications in other areas as well, such as regarding one who performs a mitzvah in a manner that was rabbinically prohibited if we can still say that he fulfilled his biblical obligation. This issue was previously discussed on Daf 3 here regarding sitting in a sukkah that has the table situated outside of the sukkah regarding sitting in a Sukkah where the table is placed outside the Sukkah. The question will arise regarding Rosh Hashanah that occurs on Shabbos where there is a Rabbinic injunction against blowing the shofar as one may come to carry the shofar four amos in a public domain to learn from an expert. What would be the halacha if one were to violate the rabbinical prohibition and blow shofar on Shabbos? Would one be rewarded for performing a mitzvah because he has fulfilled the biblical obligation or perhaps one does not even fulfill a biblical obligation when he is rabbinically prohibited form blowing shofar on Shabbos? This question would not present a problem according to the opinion of the Yerushalmi that maintains that one is biblically prohibited from blowing shofar on Shabbos. Rabbi Akiva Eiger rules that in such a situation one has fulfilled his biblical obligation of blowing shofar. Tosfos in Rosh Hashanah writes that blowing the shofar on Shabbos is rabbinically prohibited because it is considered a chachmah, an art, and not an act of labor. Rabbi Ezriel Cziment writes in a pamphlet called Zmanei Sasson that it is evident that even according to Tosfos, the Chachamim did not invalidate the shofar blasts, because then Rabbi Akiva Eiger would not have ruled that one fulfills his biblical obligation of blowing shofar. It is clear that if the only rabbinical injunction against blowing shofar on Shabbos was because of the concern that one may come to carry four amos in a public domain, the shofar blasts would not be invalidated. The novelty here is that even if the rabbinical injunction would invalidate the shofar blasts, this would be different than a Sukkah that the Chachamim invalidate when the table is outside.

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Tuesday, July 18, 2006

Daf Yomi - Yoma 41 - A Pauper Bringing the Korban of a Rich Person

The Gemora quotes a Mishna in נגעים, if a poor person who is a מצורע brings the קרבן that a rich person is supposed to bring, he fulfills his obligation. The Chinuch (123) states by a קרבן עולה ויורד - (certain sins which require a korban chatos, he either brings an animal, bird or flour offering depending on his status - this is called a fluctuating korban) if an עני brings the קרבן of an עשיר, he does not fulfill his obligation. The Chinuch explains the reason: the Torah had compassion on the poor person, it is not proper for him to compel himself to bring a korban which he cannot afford. How can the Chinuch hold against the Mishna, which explicitly states that he does fulfill his obligation?

The Chasam Sofer answers based on a Gemora Shabbos that states that Hashem punishes each person according to what he can afford. A rich person who sins will lose his cow. A poor person, on the other hand, will lose his chicken or some eggs. Therefore, there is a distinction between the קרבן of a מצורע or יולדת (a woman who gave birth) and the קרבן עולה ויורד. A מצורע is not required to bring a קרבן because he sinned, it is to purify him and allow him to eat kodoshim. If a poor מצורע decides to bring the rich man's קרבן, he will be יוצא. Conversely, a sinner who does that will not be יוצא, for here the Torah prescribed for him the קרבן which will give him atonement according to his status. The קרבן is in place of the punishment. It is not decided by the עני what his punishment should be and therefore when he brings the קרבן of an עשיר, he does not fulfill his obligation.

The Sfas Emes (here and quoted in Moadim U'zmanim as a story which occured by a כנסיה גדולה) answers that there is a basic distinction. A מצורע disregarding if he is an עשיר or an עני is required to bring a חטאת and an עולה. The rich man brings animals and the pauper brings birds. If the עני brings the קרבן of an עשיר, he fulfills his obligation, for he brought the prescribed amount. A קרבן עולה ויורד is different. A rich person brings an animal for a קרבן חטאת and an עני brings two birds, one for a חטאת and one for an עולה. If an עני will force himself to bring the קרבן of an עשיר, he will not fulfill his obligation because he cheated the מזבח out of one קרבן - namely the עולה.

There are two questions on this explanation (look in שמועת חיים and in מצות המלך from Harav Ezriel Cziment). Firstly, the chinuch says a different reason for his not being יוצא. He says because the Torah doesn't want the עני to overburden himself. He does not say the reason of the Sfas Emes that he missed a קרבן? Secondly, one must ask, why is it that an עני is required to bring two קרבנות and an עשיר only brings one? The אבן עזרא explains the reason for this: A חטאת העוף is completely eaten and an עולת העוף is completely burned on the מזבח. These two birds together replace a regular קרבן which entails אכילת אדם and אכילת מזבח. They are actually one קרבן. Therefore, one can say that the עני is not missing a קרבן by bringing one animal instead of two birds?

It would seem, however, that this question can be answered. Even according to the אבן עזרא, the two birds are not one קרבן. They are two קרבנות complimenting one another. The rationale behind bringing the two קרבנות could be because the Torah wants אכילת אדם and אכילת מזבח, nevertheless, it is still two קרבנות and the עני is missing one קרבן when he brings the קרבן of an עשיר.

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