Drinking Wine by Kiddush

The Gemora (Nedarim 4a)explains that the novelty of a chatas nazir is that it cannot be pledged to be brought as a vow. When we asked earlier that this is a trademark of all chatas offerings, it is possible to answer that all other chatas offerings are obviously not brought because they are pledged, as they are obligated to be brought to atone for a sin. However, why is a korban chatas of a nazir brought? [One might therefore have thought the prohibition of delaying vows does not apply to it, which is why the hekeish is needed.]

The Gemora asks: The korban chatas of a woman who gives birth is also not brought for a sin that she committed, but nonetheless we know the prohibition for delaying vows does apply to her korban chatas. [Why should a korban chatas of a nazir be different?]

The Gemora answers: Her korban chatas is still different than that of a nazir, as it enables her to eat kodoshim (korbanos, which she was unable to eat beforehand and is a mitzvah).

The Meiri asks: Doesn’t the chatas offering of a nazir help him that he is now permitted to drink wine?

Tosfos and the Ran answer that drinking wine is a voluntary act, and it is not a mitzvah like the eating of kodoshim.

However, we can ask: What about the mitzvah of drinking wine for kiddush and havdalah? The Gemora Pesachim (106a) derives from the verse Remember the day of Shabbos to sanctify it that there is an obligation to recite kiddush over a cup of wine. Accordingly, we should say that a nazir’s bringing of the korbanos is similar to that of a woman who gave birth; he is bringing the korban in order to be permitted to partake in the mitzvah of drinking wine for kiddush?

The Meiri answers: The mitzvah of drinking the wine for kiddush is only a Rabbinical one, and the korban is not coming for that.

Tosfos explains that although there is a Biblical obligation to recite kiddush with wine, the obligation that the one who recites the blessing should drink the wine is only Rabbinical.

Reb Koby Shapiro in the Hebrew Midrashiya states that there may be a practical difference in halacha whether the mitzvah of drinking the wine is a Biblical one or merely Rabbinical.

It is ruled upon in Shulchan Aruch that a woman is Biblically obligated in the mitzvah of kiddush on Shabbos. Accordingly, she would be allowed to discharge a man of his obligation by reciting the kiddush for him.

The Acharonim raise the following question: When a man comes home from Shul Friday night, he has already fulfilled his Biblical obligation of kiddush in the Shemoneh Esrei of ma’ariv. He still has a Rabbinical obligation to recite the kiddush over a cup of wine. His wife, on the other hand, who did not daven ma’ariv, still has a Biblical obligation to recite kiddush. How can the man, who only has a Rabbinical obligation discharge his wife of her Biblical obligation?

Some answer that she should recite vayechulu prior to kiddush.

Reb Akiva Eiger answers that there is no concern here because of the principle that one who has fulfilled the mitzvah can nevertheless discharge an obligation for someone who did not yet fulfill the mitzvah. This works because every Jew is a guarantor for another. Some Acharonim are not satisfied with this answer because they say that a woman is not included in this guarantee for each other.

The Chasam Sofer answers: It is as if the husband had intention not to fulfill the Biblical obligation of kiddush when he is davening ma’ariv. This way, they are both Biblically obligated in the mitzvah of kiddush.

This entire discussion is based upon the Meiri’s opinion that the mitzvah of drinking the wine is merely a Rabbinical mitzvah. However, if we would hold that there is a Biblical mitzvah to drink the wine of kiddush, then, there would be no discussion, for the husband still has not discharged his own obligation by davening ma’ariv; he still has a Biblical obligation to drink the wine.

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HAPPY ANNIVERSARY

Mazel Tov to Daf Notes on our first year anniversary. We would like to thank all the contributors for their superb efforts in keeping up with the Daf and for all the comments. Our gratitude is also extended to all those throughout the world who have disseminated the Daf Notes and made others aware of this unprecedented tool to studying the Daf in depth. Yasher koach, and HaShem should give us the strength to continue being marbitz Torah, lihagdil Torah ulehadirah.



PLEASE CLICK ANYWHERE ON THIS POST FOR A TRIP DOWN MEMORY LANE, AND PERHAPS YOU'LL FIND A POST THAT YOU MISSED THE FIRST TIME AROUND.

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BOXING TITLE MATCH CONFLICTING WITH MAARIV - Yevamos 65 - Daf Yomi

Rabbi Ila said in the name of Rabbi Elozar the son of Rabbi Shimon: Just as it is a mitzvah to say words of rebuke which will be heard and accepted, so too it is a mitzvah to not say something which will not be heard and accepted.

Rabbi Abba said: It is an obligation not to rebuke someone who won’t accept the message as it written [Mishlei 9:8]: Don’t rebuke a scorner lest he hate you; rebuke a wise man, and he will love you.

Rabbi Abba Spero from Cleveland told Rabbi Yissochar Frand an incident involving Rav Motel Katz. Rabbi Frand told him that he could not believe that the incident occurred, Rabbi Spero responded that he had documentary proof of the incident. He sent Rabbi Frand a copy of the incident described by Rav Motel himself in his own collected writings.

Rabbi Frand received permission from the son of Rav Motel, Rav Yakov Velvel Katz to publicly relate this incident, which he did here.

The incident that Rav Motel related occurred at the Telshe Yeshiva in Cleveland [presumably sometime in the 1950s]. The incident, which was an applied example of the above lesson, was as follows:

"I was asked by the students of the Yeshiva to permit them to daven Ma'ariv [conduct evening prayers] early. They requested that the established schedule of the Yeshiva be changed for the evening. Why did they wish to change the Yeshiva's prayer schedule? So that they could listen on the radio to the Championship Prize Fight in New York to hear who wins."

Imagine if students came to the Rosh Yeshiva [Dean] today to ask that the Yeshiva prayer times be changed because of the NBA Playoffs!!
Rav Motel explained: "I knew full well that it was inappropriate to change the time of Ma'ariv and the Yeshiva's schedule for a Heavyweight Prize Fight between people who are trained to hurt and injure one another."

But what did this great product of Lithuanian Yeshivas -- this product of Telshe in Europe -- decide to do? What did Rav Motel respond to the request to daven Ma'ariv early so they could listen to the fight on the radio?

"I could not stop them and prohibit them from doing this. I knew that this was not the time to say no. Famous and respected people come from all over the country to be present at a Heavyweight Championship Fight, to get ringside seats. A thousand people come from all parts of the country! This prizefight was viewed by the masses as an event of major proportions! It is difficult to forbid it. I could not say no because they would not know where I was coming from and they would not understand my reasoning."

The majority of students in the Telshe yeshiva in the 1940s and 1950s came from public schools. They came to Telshe from small isolated communities. High level Torah study was just beginning to take root in America. They had not achieved the spiritual level whereby they could understand the idea that watching two people hitting each other in a boxing ring is a foolish pastime. To get up in the Yeshiva and castigate such activity as stupidity and nonsense would fall on deaf ears.

Rav Motel could not consider what his teachers in Europe would think about changing the time of Ma'ariv to accommodate such an event, because he knew that HIS students were not at the level of his teacher's students. His students at that time were not ready to fully appreciate priorities based on Torah values.

That is Chinuch: Knowing when to say and when not to say -- knowing one's children and one's students and knowing the time and the mentality prevalent in the era in which one is teaching. That is Chinuch!

In the great Yeshiva of Telshe, 'Chinuch' in that situation was to schedule Ma'ariv early so that the students could listen to a prizefight on the radio.

I would not have believed this story if I had not seen it written by Rav Motel himself. This is a great tribute to the pedagogic wisdom of Rav Motel Katz, zt"l. It is a tremendous insight into the meaning of being an educator or a father or a Rebbi or a Rosh Yeshiva. Sometimes it is necessary to say "Yes". But sometimes it is just necessary to not say anything at all!

This is what we pray for when we recite the prayer (in Shmoneh Esrei, the Amidah) for wisdom and understanding. We are asking G-d to grant us the wisdom to do what is right in the education of our children, our students and our community.

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