Showing posts with label ben ish chai. Show all posts
Showing posts with label ben ish chai. 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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Wednesday, February 21, 2007

Daf Yomi - Megillah 14 - THE MOUND AND THE PIT

Rabbi Abba said: The parable of Achashverosh and Haman resembles two men, one of whom had a pile of dirt in his field and the other had a ditch. The one who had the ditch said: I wish that the owner of the pile would sell me the dirt so that I can fill up my ditch. The one who had the pile said: I wish that the owner of the ditch would sell me the right to use his ditch so that I can dump my dirt into it. One day, they happened to meet and the owner of the ditch said to the owner of the pile: Sell me your pile. The owner of the pile replied: Take it for nothing. Achashverosh and Haman both wished to destroy the Jewish people; when Haman offered to buy the right to kill them, Achashverosh was ecstatic and he agreed without demanding any payment at all.

The commentators ask: If Achashverosh hated the Jews as much as Haman and also wished to annihilate Klal Yisroel, why did he remain in power after the miracle of Purim? Why was Haman hung on the gallows and not Achashverosh?

The Ben Ish Chai explains this with the following parable: A son of a certain King was taken captive and he fell into the hands of two enemies (of the king) that intended to kill the prince. They both resolved to delay the killing, but for two different reasons. One said that he did not feel that it was becoming to kill a prince with a sword and have his blood flowing on the ground like an animal; he would rather wait and place poison in a goblet of wine and have the prince drink it. This way, he would die on his couch; a pleasant death and one that is fitting for a prince. The other one felt that killing the prince by sword would not be painful enough. He would rather wait, light a fire and burn him to death; this would cause tremendous embarrassment to his father the king and the prince would suffer tremendously.

Due to their procrastination in carrying out the execution, the king was able to locate their hideaway and rescued his son from the captors. The king released the one who wanted the prince to die in an honorable manner because it was due to the delay that the king was able to rescue his son. The other fellow was not so fortunate and the king burned him at the stake in the same manner that he intended to kill the prince.

Achashverosh was like the first captor. He wanted to destroy the Jews but he didn’t want to degrade them. He didn’t want them sold like cattle and that is why he refused to accept the money which Haman offered. He told Haman: Choose a decent death for them, one that you would be comfortable yourself to die with. Haman, on the other hand, had no such compunction. He wanted to humiliate the Jews. His plan was that they should initially be sold like animals in a market place and then there should be a decree to cut their heads off like donkeys. He wanted that Mordechai should be hung on the gallows and remain there. This is why Achasverosh was vindicated and Haman was punished measure for measure.

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