Showing posts with label chullin. Show all posts
Showing posts with label chullin. Show all posts

Sunday, October 28, 2007

Believing the Am Ha’aretz on Shabbos

Rabbi Nosson said that the halacha follows Rabbi Shimon Shezuri in respect to terumas ma’aser of d’mai (the Rabbis considered produce from an am ha’aretz as possible tevel because some of them did not separate ma’aser; in this case, the ma’aser was separated, and then, the terumas ma’aser, which is a tenth from the ma’aser that goes to the kohen, fell back into the produce; since there was not enough produce remaining to nullify the terumas ma’aser, which has the same halachic status as terumah, the entire mixture become forbidden for consumption by a non-kohen; Rabbi Shimon Shezuri rules that we can ask the am ha’aretz if he indeed separated ma’aser initially, and if he answers in the affirmative, we may rely on him even during the weekdays; this is because most am ha’aratzim do separate ma’aser and in cases which involve a substantial loss, we believe them).

Rashi explains why the Mishna states that the am ha’aretz is believed even on weekdays. This is because of the following halacha: If one would have produce on Shabbos that he purchased from an am ha’aretz, and he had forgotten to separate ma’aser from it prior to Shabbos (and it is forbidden to do so on Shabbos); he may ask the am ha’aretz if he indeed separated the ma’aser, and he would be believed. This is because there is a mitzvah of Shabbos enjoyment (oneg Shabbos). He must however, separate the ma’aser after Shabbos before continuing to eat from this produce. Rashi in Chullin (75b) writes that it is on account of honoring Shabbos. Maharsha writes that the two are identical explanations.

Tosfos writes that the reason we believe the am ha’aretz on Shabbos is because the am ha’aretz can feel the fear of Shabbos as well, and he is afraid to lie.

There is a practical halachic difference between the two reasons. According to Rashi, one may ask the am ha’aretz during the week and his affirmative answer will allow one to eat from this produce on Shabbos because there is a mitzvah to honor Shabbos. According to Tosfos, he will only be believed if he is asked on Shabbos.

The Gemora (Yevamos 93) relates the following incident: Rabbi Yannai used to have a sharecropper that would bring a basket of fruit every Erev Shabbos. One Erev Shabbos, the sharecropper did not arrive on time. Rebbi Yannai relied on the fruit that he knew the sharecropper would eventually bring, and counted them in his taking of Terumos and Ma’asros. Rebbi Chiya endorsed his action by citing the following verse: “In order that you should learn to fear Hashem all of the days,” and stating that the verse indicates that this includes Shabbos and Yom Tov.

Rashi explains: One should ensure that his requirement of having pleasure on Shabbos should not be disturbed because of the prohibition of eating tevel (produce which has not been tithed yet). Take precautionary measures to remove the prohibition in order that the produce can be consumed and enjoyed.

Rabbi Yosef Lieberman in his sefer, Mishnas Yosef comments that this verse is also teaching us how one has to have a fear of Hashem on Shabbos and Yom Tov, even more than he does during the weekdays, for the laws of Shabbos are like mountains hanging on a hair, for they have few Scriptural allusions, but many halachos. It is extremely easy to stumble and transgress one of the many prohibitions on Shabbos.

Furthermore, he writes that these are days of pleasure and enjoyment; a time that is vulnerable for sin, like the Tur (O”C 529) writes. One should sit on Shabbos with a tremendous trepidation so that he does not inadvertently sin on Shabbos. And one who attempts to purify himself, Hashem will assist him.

The Gemora says elsewhere that one does not need to be concerned about eating d’mai on Shabbos because we can ask the am ha’aretz, and we are confident that he will not lie on Shabbos.

I once heard from Rav Shmuel Feivelson the following explanation: Shabbos is a sampling of the World to Come. We are basking in the presence of the Shechinah. It is impossible to lie when the truth is staring you straight in the face.

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Tuesday, August 07, 2007

A RIGHTEOUS PERSON IS NOT ALLOWED TO STUMBLE

The Gemora (Yevamos 96b) records the following incident: Rabbi Elozar went and related a discussion in this Beis Medrash, but did not relate the discussion in the name of Rabbi Yochanan. When Rabbi Yochanan heard about this omission, he was perturbed. Rabbi Ami and Rav Asi went up to Rabbi Yochanan and said: “Did it not happen, once in the Beis Medrash of Teveryah, that there was a discussion between Rabbi Elazar and Rabbi Yosi regarding the door lock which had a thick head (and could be used for grinding things, see Rashi), and they debated the matter with such intensity that they tore a Sefer Torah?”

The Gemora explains that they certainly did not intentionally tear a Sefer Torah. Rather, the Sefer Torah divided. Rabbi Yosi Ben Kisma was present at the time, and he declared that he would be astonished if as a result of this discussion which became inappropriate, the shul would not turn into a house of idol worship! Indeed, the Gemora states, the shul eventually became a house of idol worship. [Rabbi Ami and Rav Asi were apparently trying to tell Rabbi Yochanan not to be so particular with Rabbi Elozar, because such behavior could lead to disastrous consequences.]

The Ramban wonders how it is possible that a Sefer Torah was torn because of the dispute of the Sages. Does not the Gemora in Chullin (7a) state that Hashem does not bring a stumbling block to righteous people? How could a Sefer Torah become torn and the synagogue turn into a house of idolatry on account of these sages?

The Ramban quotes Rabbeinu Tam who states that the principle that HaShem does not bring a stumbling block on account of the righteous is applicable only to the inadvertent consumption of forbidden foods. The reason for this is because it is degrading for the righteous to eat forbidden foods. The principle does not apply, however, to other types of sins.

The Ramban challenges this interpretation from a Gemara in Kesubos (28b) that clearly indicates that this principle applies by other sins as well.

The Ramban quotes his teacher who states that the explanation of this principle cannot mean that the righteous do not sin, for we know that there is no righteous person in the land that doesn’t sin. Rather, it means that Hashem does not allow a righteous person to inadvertently cause other to stumble and sin.

The Ramban himself answers that this principle is only applicable for inadvertent transgressions, as Hashem does not allow a righteous person to stumble in such a manner. One who strives to be completely pure, the Holy One, Blessed is He assists him. However, if a righteous person places himself in a situation where he is susceptible to sin, he is in danger just like everyone else. In instances where there were calamities, it was due to the Sages being provoked to anger, and it is known that where there is anger, the Divine Presence does not rest, subsequently leading to disastrous consequences.

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