L'chatchilah and B'dieved

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The Gemora (Kiddushin 25) explains that while it is true that Rebbe holds that the water is not required to enter the person’s mouth, it must, however, be a place which is fit for the water to enter (and since a bone was lodged between her teeth, the water could not touch her entire mouth; this invalidated her immersion).

This logic follows the opinion of Rabbi Zeira, who says in regards to a korban minchah: A flour-offering that is fit for mixing (of the flour and the oil of the offering; with one log of oil for sixty esronim of flour, and a maximum of sixty esronim in one pan, perfect mixing is possible), the mixing is not critical to it (and the offering will be valid even without mixing); whereas, a flour-offering that is not fit for mixing (where, the proportions of the mixture were less than a log for sixty esronim or where more than sixty esronim were placed in one pan), the mixing is critical (and the offering will not be valid).

Tosfos asks: If the Torah repeated the halachah of “mixing,” it should be critical to the minchah, and if it did not, why is it necessary for it to be “fit for mixing”?

Tosfos answers: Although it is written many times in the Torah, it is not mandatory for it to be mixed, since it is not written in the language of a commandment. We may only derive that the flour and oil should be fit for mixing.

Tosfos in Niddah writes that none of those verses are extra, for they are all necessary to teach various halachos. If so, they ask: Why is it necessary for it to be “fit for mixing”?

Tosfos answers: Since the Torah was particular that a mixing should be done, it is only logical that it should be fit for mixing, for otherwise, the mitzvah would be negated completely.

The Rishonim similarly ask with regards to immersion: Why is it required that his mouth (or other areas) should be a place where water is fit to enter?

Tosfos answers: It is because it is written: And he shall immerse all his flesh in the water. This would seemingly include even all the hidden areas. However, since we expound the verse “his flesh” to be referring only to the exposed parts of the body, the term “all his flesh” teaches us that all parts must be fit for the water to enter.

Evidently, Tosfos holds that this halachah is a Biblical requirement. Other Rishonim hold that it is only a Rabbinical obligation.

Tosfos in Niddah asks: Why isn’t there a requirement at least l’chatchilah that the water should enter even the hidden areas (the same way there is a halachah that the minchah should l’chatchilah be mixed)?

Tosfos answers: With respect to immersion, there is no logic to mandate that the water should enter even the hidden areas of his body, for the Torah is only interested in the person becoming tahor; since b’dieved he will be tahor anyway (even if the water does not come into contact with these areas), what sense is there to require it in the first place? However, with respect to mixing the minchah, which is a mitzvah, it is understandable that the Torah desires that the minchah should be mixed, even though it will be valid even if it isn’t.

My Rosh Yeshivah, Rabbi Avrohom Chaim Levin Shlit”a explains this Tosfos in the following manner: When the discussion pertains to a chalos (something taking effect), it is either valid, or it is not. It is not logical to state that in order for something to be effective, the Torah wants it done in this specific manner. However, even if that is done, it is effective anyway. [L’chatchilah and b’dieved cannot be said regarding a Torahdike chalos.] However, when we are discussing a mitzvah, it is possible to say that there are different levels with respect to the fulfillment of the mitzvah. One will fulfill the mitzvah regardless, but it is still preferable to do it in a certain specific manner.

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Moshe's Death and Nezirus on Shabbos

The Gemora (Daf Yomi: Nazir 14a): inquires: What is the halacha if he said, “like Moshe on the seventh of Adar”? (Is he referring to Moshe’s birthday – a day of celebration, and then, he would not be declaring himself as a nazir; or perhaps, he was referring to the day that Moshe died – a day of sorrow, and then, he would be declaring himself as a nazir?)

Tosfos writes that on the day that Moshe died, there were presumably many Jews who declared a vow of nezirus because of their sorrow.

The Ben Poras asks: Behold, Moshe died on Shabbos! (Tosfos in Menachos (30a) cites a dispute regarding this. Some say that he died on a Friday.) How was it permitted for them to accept a vow of nezirus on Shabbos? He explains: The Rama Mipano rules that a Kohen Gadol cannot be anointed with the anointing oil on Shabbos because this oil renders him holy, and this would be regarded as tikkun gavra (repairing him, which would be forbidden on Shabbos). Accordingly, it should be forbidden for one to accept nezirus on Shabbos, for with his vow, he becomes holy!

He answers that since it is possible to have the nezirus annulled, and he is not a permanent nazir, it is not regarded as a tikkun gavra.

The Pardes Yosef answers that they accepted nezirus on Motzoei Shabbos; not on Shabbos. This would certainly be congruent with the opinion who holds that he died at sunset towards the conclusion of Shabbos. It is for this reason that we recite the tefillah of tzidkascha tzedek by Mincha on Shabbos.

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FOOD FOR THOUGHT REGARDING TEFILLOS - Yevamos 64 - Daf Yomi

Our Gemora tells us that Hashem desires the prayers of the righteous. The Matriarchs were barren only so that they should pray to Hashem for children. Their desire for progeny caused the Matriarchs and the Patriarchs to pray to Hashem at a level that under normal circumstances they would not have done.

Rabbi Yitzchak said: Why are the prayers of the righteous likened to a pitchfork, as just like a pitchfork turns over the grain on the threshing floor from one place to another, so too the prayers of the righteous transform the manner in which HaShem conducts Himself from the Attribute of Cruel Judgment to the Attribute of Mercy.


*** Why did Hashem have to make them infertile; is there no other reason to pray to Him? If they would have had children, would they not have prayed for their health, sustenance and spiritual growth?


*** Divrei Yoel cites a Zohar and explains: It is on account of the prayers of the righteous that all future salvations will be effected. The Divrei Yoel explains with a parable: A king was traveling in a desert and he became very thirsty. The king's servants sought to bring the king water from a distant land. The king said, "I have the capabilities to bring sufficient water from afar for ourselves, but how will anyone else who passes through this area survive?" The king then commanded his servants to dig in the sand until they would find water, and by discovering a well, all future travelers would be able to survive in the desert. Similarly, explains the Divrei Yoel, people in future generations will be in need of a salvation, but they may not be deserving of it. It is through the tefillos of our forefathers that the gateways for these salvations will be effected.


*** The Sfas Emes writes that Yitzchak was answered through Tefillas Mincha. The Gemora states that one should be extremely careful in Mincha because this was the tefillah that Eliyahu was answered with.


*** The Imrei Emes comments that although the essence of Yitzchak was judgment, in the depths of judgment lies chesed, kindness; it was through this that he had the ability to transform the manner in which HaShem conducts Himself, from the Attribute of Cruel Judgment to the Attribute of Mercy.


*** Imrei Shefer writes that part of the tefillah that Yitzchak prayed at that time was the tefillah of “b’fi yeshorim tisromam etc.” which contains Yitzchak and Rivkah’s name in it.

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Daf Yomi - Rosh Hashana 30 - Shir shel Yom by Mincha

It is evident from the Gemora Rosh Hashana (30b) that the Leviim would sing a shira by the korban tamid in the afternoon as well. The Maharam Alshich is bothered as to why we do not recite a shir shel yom nowadays by mincha? He answers that since it is ruled that if the Leviim did not sing the shirah in the afternoon, the korban will become passul, they could not institute that we who do not have the korban should recite the shir (in the morning, it is not meakev).

The Magen Avrohom (132:14) offers two answers. Firstly, he cites Tosfos who rules that if the libations of the afternoon were not brought until the evening, they could be offered the entire night, however the shirah cannot be sung then since they didn't sing at night. Since there would be times in the Beis Hamikdosh that they did not sing the shirah in the afternoon (when the nesachim were delayed until the evening), the Chachamim didn't institute that we should recite it by mincha.

Secondly, he answers, that the halacha was that after the korban tamid was offered on the mizbeach, they didn't sing the shirah. Shirah was only sung before the tamid was completed. The Chachamim could not institute that we should recite the shir shel yom after mincha since mincha is corresponding to the korban tamid and after the tamid, they could not sing shirah anymore.

The Chasam Sofer in Beitza (4b) answers that there are two reasons as to why we say the parsha of korbanos and the avodos that were performed in the Beis Hamikdosh nowadays. Firstly, we recite these parshiyos based on the verse which says that our lips are regarded as the offering of the korbanos. There is another reason as well. The reciting of these tefilos is indicating our desire and anxiousness for the rebuilding of the Beis Hamikdosh in our time. In the morning, we do not have the second explanation in mind. The halacha is that the mizbeach is only inaugurated with the offering of the aftrenoon tamid. Even if the Beis Hamikdosh would be built today, we would not be able to offer the morning tamid. Our primary kavanah in the morning is that our tefilos should be accepted as if we were offering the korbanos. In the afternoon, the primary kavanah we should have is to signify our desire to see the Beis Hamikdosh built speedily and if the Beis Hamikdosh would be built at that moment (which is what we should be thinking), there would not be a shirah sung, since the Beis Yosef (51) rules that shirah will not be sung in the times of the third Beis Hamikdosh (except mizmor l'sodah). It is for this reason that we do not recite the shir shel yom by mincha for it will prevent us from having our correct kavanos.

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Daf Yomi - Sukkah 55 - Shir shel Yom by Mincha

It is evident from the Gemora Rosh Hashana (30b) that the Leviim would sing a shira by the korban tamid in the afternoon as well. The Maharam Alshich is bothered as to why we do not recite a shir shel yom nowadays by mincha? He answers that since it is ruled that if the Leviim did not sing the shirah in the afternoon, the korban will become passul, they could not institute that we who do not have the korban should recite the shir (in the morning, it is not meakev).

The Magen Avrohom (132:14) offers two answers. Firstly, he cites Tosfos who rules that if the libations of the afternoon were not brought until the evening, they could be offered the entire night, however the shirah cannot be sung then since they didn't sing at night. Since there would be times in the Beis Hamikdosh that they did not sing the shirah in the afternoon (when the nesachim were delayed until the evening), the Chachamim didn't institute that we should recite it by mincha.

Secondly, he answers, that the halacha was that after the korban tamid was offered on the mizbeach, they didn't sing the shirah. Shirah was only sung before the tamid was completed. The Chachamim could not institute that we should recite the shir shel yom after mincha since mincha is corresponding to the korban tamid and after the tamid, they could not sing shirah anymore.

The Chasam Sofer in Beitza (4b) answers that there are two reasons as to why we say the parsha of korbanos and the avodos that were performed in the Beis Hamikdosh nowadays. Firstly, we recite these parshiyos based on the verse which says that our lips are regarded as the offering of the korbanos. There is another reason as well. The reciting of these tefilos is indicating our desire and anxiousness for the rebuilding of the Beis Hamikdosh in our time. In the morning, we do not have the second explanation in mind. The halacha is that the mizbeach is only inaugurated with the offering of the aftrenoon tamid. Even if the Beis Hamikdosh would be built today, we would not be able to offer the morning tamid. Our primary kavanah in the morning is that our tefilos should be accepted as if we were offering the korbanos. In the afternoon, the primary kavanah we should have is to signify our desire to see the Beis Hamikdosh built speedily and if the Beis Hamikdosh would be built at that moment (which is what we should be thinking), there would not be a shirah sung, since the Beis Yosef (51) rules that shirah will not be sung in the times of the third Beis Hamikdosh (except mizmor l'sodah). It is for this reason that we do not recite the shir shel yom by mincha for it will prevent us from having our correct kavanos.

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