Women First

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It is written [Shmos 19:3]: Moshe ascended to Hashem, and He to him from the mountain, saying, “So shall you say to the house of Yaakov and tell the sons of Israel.” Rashi cites from Chazal: So shall you say to the house of Yaakov: These are the women. Say it to them in a gentle language. And tell the sons of Israel: These are the males.

The commentators ask: Why did Hashem speak to the women before He spoke to the men?

The Beis Halevi answers based upon our Gemora, which stated that if one purchased a field from a man and then purchased (the lien) from his wife (in order that she should not collect her kesuvah from this field), his purchase is void, for we may assume that she only consented to please her husband. Although she does not truly want to sell her rights, she agrees to sell it in order to please her husband. This is why it is the custom by acquisitions to acquire it from the wife and then her husband. This way, we can be certain that she truly intends to sell it.

Accordingly, this is what Hashem wanted at the time the Torah was given. He wanted to ensure that the women will reveal their intent that they are truly interested in accepting the Torah without any trace of coercion at all. That is why the women were asked before the men. This way, their answer was actually their own. They were not accepting the Torah based upon their husbands desires; it was purely their own decision.

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Wearing the Tzitz - Kiddushin 66

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The braisa states: King Yannai once went to Kuchlis, which is located in the desert, and captured sixty of its villages. When he came back, he was very happy, and called together all of the Torah scholars. He said: Our fathers ate salty vegetables when they were building the Beis Hamikdash, we should also eat these now to remember our fathers. He then had salty vegetables placed on tables of gold, and the people (at the gathering) ate. There was a scorning, bad hearted, godless person named Elozar ben Po’irah present. He said to Yannai: King Yannai, the heart of the Perushim (Torah faithful) is set against you! King Yannai replied: What should I do about this (to see if you are correct)? Elozar replied: Put the tzitz (an adornment only allowed to be worn by the “Kohen Gadol” -- “High Priest”) between you eyes. He did this. There was an elder named Yehudah ben Gedidyah present. He said to Yannai: King Yannai, it is enough that you have the crown of the throne! Leave the crown of Kehunah for the sons of Aharon! This is because they said regarding him that his mother had been captured by idolaters in Modi’in, but they searched to see if it was true and it (proof) was not found. [According to Rashi, his father was indeed a Kohen, but according to this rumor he should not have married his wife, as she was unfit to marry a Kohen. If the rumor was true (see below for the exact case), this would mean Yannai was a chalal, and was not fit to serve as a Kohen.]

Yannai angrily removed the scholars from the meal. Elozar ben Po’irah again spoke to King Yannai. He said: King Yannai, it is understandable that a regular Jew should swallow insults. However, you are a king and the Kohen Gadol, is it fitting that you should do the same? King Yannai asked: What should I do? Elozar replied: If you listen to my advice, you will kill them all. King Yannai asked: What will become of the Torah? Elozar replied: The Torah will be wrapped and placed in a corner, and whoever wants will go and study it.

Rav Nachman bar Yitzchak says: Immediately, a wind of heretical behavior entered Yannai’s mind. This is evident from the fact that he did not reply, “This maybe true about the written Torah, but what about the Oral Torah (which was not yet written down at all)?” Immediately, the spark of evil was started by Elozar ben Po’irah, and Yannai killed all the scholars. The world was lacking Torah knowledge until Shimon ben Shetach (Yannai’s wife’s brother; she hid him) came and returned the Torah back to its original state.

Rashi asks: How can he put the tzitz on at this time when he is not engaged in performing the Temple service?

He answers: The Kohanim were permitted to derive benefit from the Holy vestments, for the Torah was not given to the ministering angels, and they were not expected to remove these garments at the moment that they concluded the service.

Tosfos asks: On the contrary! They were obligated to remove them as soon as they had a chance!

Furthermore, asks the Rashba, the permission was only inside of the Beis HaMikdash, not outside!?

The Beis Halevi explains Rashi: Since they were not expected to remove these garments at the moment that they concluded the service, this proves that there was no prohibition whatsoever against deriving benefit from the Holy vestments, and they were permitted l’chatchilah to wear these garments even when they were not performing the Temple service, and even when they were not inside the Beis HaMikdash.

Rabbeinu Tam answers based on a Scriptural verse that the tzitz was different than the other garments, and they were allowed to wear it even when they were not performing the Temple service.

The Ritva writes that Yannai was not correct by wearing the tzitz at this time.

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Listening is like Responding

The Gemora (Daf Yomi: Sotah 38a) cites a braisa: “So you should bless.” This must be done in a loud (meaning average, not a whisper) voice. Perhaps it can be done in a whisper? The verse states, “Say to them,” like a person talking to his friend.

The Beis HaLevi rules that one Kohen cannot recite the Priestly Blessing and the others will discharge their obligation by listening. Although there is a principle that “listening is like responding,” it is not effective by this mitzvah. The reason is based upon our Gemora: The Torah says, “Emor la’hem,” say to them, which the Gemora expounds to mean that it should be said in an audible tone. Each Kohen must recite it in this manner. It is not sufficient that he has “responded”; he must say it in a loud voice.

Reb Yaakov Emden states a similar qualification with respect to the laws of kerias haTorah. The halacha is that when one is called up to the Torah, he is required to read along together with the ba’al korei. He does not fulfill his obligation by listening to the ba’al korei. The reason for this is because the Torah must be read from the written scroll. If one is listening, and he wishes to discharge his obligation through the principle of “listening is like responding,” he cannot do so, for he is not responding from the scroll. It is regarded as if he is saying it “by heart,” and he cannot fulfill his obligation in that manner.

The Rogatchover Gaon explains using this principle why the entire congregation recites the “ten sons of Haman,” and they do not fulfill their obligation by listening to the ba’al korei. Although “listening is like responding,” there is a halacha that the ten names must be recited in one breath. If the congregation merely listens to the names being recited, it is considered as if they said the names, but they did not say them in one breath.

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Light of Torah

Rabbi Elozar said (Kesuvos 111b): One who uses the light of Torah, the light of Torah will revive him; those that do not use the light of Torah, the light of Torah will not revive them.

The Chafetz Chaim explains: Every Jewish person merits a portion in the World to Come. The distinction is as follows: The soul of a person will bask in the pleasure of Gan Eden because it is the soul of a Jewish person; however, regarding the body, which has already become dust, nothing will revive it except for the light of Torah that he learned himself, or if he supported others in their study of Torah and certainly if he provided for his children the ability to learn Torah. Those people that did none of these things will merit a share in Gan Eden, but are in grave danger of not being resurrected.

The Beis Halevi explains: There is a distinction between an article that was used for holiness and one which was used for a mitzvah. An article used for a mitzvah may be discarded immediately after usage because the holiness has ceased upon the completion of the mitzvah. However, regarding an article used for holiness, the holiness remains forever; it must be treated as a holy object and may not be discarded.

The body of someone who learns Torah is considered an article of holiness; even after he dies, the holiness remains and that is what revives him at the time of Resurrection. However, concerning one who does not study Torah, his body is regarded as an article that was used for a mitzvah; when he dies, his body does not retain the holiness and he cannot revive at the time of Resurrection.

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Settling in Eretz Yisroel Nowadays

The Mishna (Kesuvos 110b) had stated: A man may force all of his family members to go up to Eretz Yisroel, but he may not force them to leave Eretz Yisroel. A man may force all of his family members to go up to Yerushalayim, but he may not force them to leave Yerushalayim. This applies to both men and women (a wife can force the husband).

The Gemora explains that these halachos are based upon the mitzvah of furthering the settlement of Eretz Yisroel.

The Ramban says that this mitzvah is a Biblical commandment. The Rambam omits this mitzvah is his Sefer Hamitzvos. There are those that explain that the Rambam holds that it’s only a Rabbinical mitzvah. Other say that the Rambam holds it is not a mitzvah at all; the only reason why a man can force his family members to move to Eretz Yisroel is because this way, they will be able to fulfill the mitzvos which are dependent upon the Land of Israel.

The Ritva writes that the applications of the Mishna apply to nowadays also. Proof to this is from the fact that Rebbe incorporated these halachos into the Mishna even though he was living in the times after the destruction of the Beis Hamikdosh.

Tosfos cites Rabbeinu Chaim Kohen that there is no mitzvah nowadays because there are many mitzvos there which entail many punishments, and it will be impossible for one to be careful regarding all of them. This can be simply understood to mean that although there might be a mitzvah to live in Eretz Yisroel, it is simply not worth it, for one will lose out by transgressing many aveiros there. Reb Avi Lebowitz (and afterwards I found this logic in the Beis Halevi) explains a little differently: Rabbeinu Chaim is actually describing the mitzvah of living in Eretz Yisroel to be for the purpose of fulfilling the mitzvos that apply there. If one were to live in Eretz Yisroel without properly performing the mitzvos, they are not only losing out on these additional mitzvos; they are also not fulfilling the mitzvah of living in Eretz Yisroel.

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Daf Yomi - Taanis 16 - Hashem's Distress

HASHEM’S DISTRESS
ONLY BY A TZIBUR
AND NOT BY AN INDIVIDUAL

The Gemora presents two reasons as to why they would place ashes on the Ark. Rabbi Yehuda ben Pazi says that it is as if Hashem is saying “I am with him in distress.” Rish Lakish states that it is as if to say: In their every distress, He is in distress.

The Beis HaLevi in his Dorshos (7) states that there is a huge difference between the two verses. Rabbi Yehuda ben Pazi maintains that Hashem, so to speak, suffers even when an individual member of Klal Yisroel is suffering. Rish Lakish holds that Hashem is in distress only when Klal Yisroel is in distress but not by an individual.

Based on this, the Beis HaLevi explains a Gemora in Megillah (31b). Rish Lakish maintains that we cannot recite a brocha on the curses mentioned in the Torah. Tosfos cites a Medrash that since Klal Yisroel is suffering, Hashem is distressed and it is not proper for us to be making a blessing when Hashem is in pain. The Ran asks on this explanation from a Mishna inn Brochos which explicitly states that one is obligated to recite a brocha on misfortunes in the same manner that he would recite a brocha if something good occurred to him. The Beis HaLevi answers that the Mishna in Brochos is referring to a misfortune of an individual where Hashem is not in distress and therefore a brocha can be recited, however the Gemora in Megillah, which is discussing the curses for the entire Klal Yisroel, Hashem is in pain and therefore a brocha cannot be recited.

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Daf Yomi - Yoma 86 - Publicizing Sins to inspire other to repent

Daf Yomi - Yoma 86 - Publicizing Sins to inspire other to repent

The Nesivos in his commentary on Eicha, Palgei Mayim explains the verse that states (1:18) Hashem is righteous, for I disobeyed His utterance. Listen, now, all you peoples and see my pain etc. The Nesivos writes that although one normally should conceal his sins, when the punishment is horrific and there is a desecration of HaShem’s Name, it is necessary to publicize the sin. The reason it is permitted to reveal the sins is because then HaShem’s Name will be glorified and others will be inspired to repent.

The Beis HaLevi in Parashas Vayera writes in a similar vein that once one has been punished, he is allowed to reveal the sin to show that HaShem’s judgment is just. We find that the Gemara in Sanhedrin 107a states that Dovid HaMelech prayed to Hashem that the sin that he committed with Batsheva should not be publicized, but his prayer was not accepted.

The Gemara in Avodah Zara 4b states that the incident with Batsheva was not fitting for Dovid HaMelech and the sin of worshipping the Golden Calf was not fitting for the Jewish People. Rashi explains that although the Jewish People could have withstood the temptation from their Evil Inclination, HaShem decreed that they should sin so that their repentance would inspire future generations to repent. An individual who sins will be motivated to repent because of Dovid HaMelech’s repentance, and if the masses sin, they will be motivated to repent because of the Jewish People’s repentance from worshipping the Golden Calf.

The Maharal writes that Tosfos understand the Gemara in Avodah Zara to mean that it was not fitting to have their sins publicized, as is stated in the Gemara here in Yoma. Yet, the sins of the Jewish People and the sins of Dovid HaMelech were revealed, so that they would serve as an inspiration to future generations to repent from their sins.

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