Using a Kohen

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The Rambam rules that a Jewish servant who is a Kohen cannot become a nirtza, for he will be rendered a baal mum (a blemish, which will disqualify him from performing the Temple service).

The Mishnah La’melech asks that the Maggid Mishnah understands in the Rambam that there is no required amount for how large the piercing of the servant’s ear must be. If so, why can’t the Kohen servant become a nirtza, and they will pierce his ear in a manner which will not cause a blemish?

He answers based upon a Yerushalmi which says that we are concerned that they will forget and create a large hole, which will render him a baal mum.

The Sma”g writes that it is evident from our Gemora that it is permitted to have a Kohen work for you as a servant. He says that the prohibition is only when the Kohen is working for free; however, if he is receiving compensation for the work, it is permitted.

The Makneh asks: Accordingly, the Kohen servant should not be allowed to become a nirtza because then, he will be working for free!?

He answers based upon the Mordechai in Gittin, who says that the Kohen, if he so desires, can be mochel, and then it would be permitted for him to work for you.

The Mordechai (Gittin 461) relates that Rabbeinu Tam once instructed a Kohen to pour him some water. This caused one of his students to inquire as to how he could allow a Kohen to serve him, being that the Yerushalmi states that whoever uses a Kohen for his own needs is in violation of the prohibition of me’ilah (since the Kohen is sacred). Rabbeinu Tam's response was that the Kohen who served him in 12th century France was without the clothing of the Kohen and, therefore, not a Kohen (based upon the Gemora Sanhedrin 83b). The student persisted that if so, we shouldn’t give a Kohen the first aliyah. Rabbeinu Tam remained quiet. Rabbeinu Peter then suggested that a Kohen can voluntarily forfeit the respect due to him as a Kohen and, therefore, there was no problem with Rabbeinu Tam's use of him.

The Ta”z asks that the Kohen is not permitted to forfeit his kedushah and marry a divorcee!? What is the difference between the two?

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Three Insights

By: Rabbi Avrohom Adler

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ANOTHER WIFE!?

Rav Nachman bar Yitzchak answers: It means that if he comes into slavery with a wife and child, his master can give him a Canaanite slavewoman (to have relations with). Otherwise, he cannot.

The commentators ask: Isn’t this illogical? If he doesn’t have a wife, the master should be able to give him a slavewoman, and if he does have a wife, why should the master give him another wife?

The Daas Zkeinim explains that if he is married to a Jewish woman, he will not be so attracted to the Canaanite slavewoman and will not follow her ways. However, if she is his only wife, he is liable to follow her ways. The Torah did not want this.


REPENTANCE IN THE
SAME SITUATION

It is written [Yirmiyah 22:10]: Cry intensely for one who leaves, because he will not return again and see the land of his birthplace. Rav Yehudah said: This is referring to one who departs this world without children.

Rav Huna said: The verse is referring to a person who committed a sin and repeated it. The Gemora states: Rav Huna is following his reasoning stated elsewhere that one who commits a sin and repeats it; it has become permitted to him.

The Gemora asks: Do you actually think that it is permitted? The Gemora answers: Rav Huna means that it becomes to him as if it was permitted.

The Gemora (Yoma 86b) explains that a true penitent is one who committed a sin in the past and then the opportunity for the same sins comes again a first time and a second time and he is saved from the sin on both occasions.

The Sefer Chasidim writes that a person should not put himself into a situation where he is tempted to sin, because he may not be able to withstand temptation.

The Tzlach questions the words of the Sefer Chasidim from the commentary of the Kli Yakar in Parshas Chukas, who writes regarding the phenomena of the Parah Adumah that the Parah Adumah was capable of rendering pure those that were impure and conversely, rendering impure those that were pure.

The Kli Yakar likens this idea to certain medicines that are beneficial for one who is ill but can prove fatal for one who is healthy. There is a parallel between remedying the body and remedying the soul. One who wishes to repent must be with the same woman that he sinned with the first time, at the same time of the year in which he had sinned, and at the same place where he sinned with her. Thus, the temptation to sin is particularly strong, as his Evil Inclination will entice him to respond exactly as he did before. By resisting the temptation, he demonstrates that he is a true penitent.

The Kli Yakar adds that this is what the Gemora (Brochos 34b) means when it states that in the place where penitents stand, the completely righteous do not stand, i.e. the completely righteous cannot stand in a place of temptation. Yet, according to the Sefer Chasidim, a righteous person is not permitted to endanger himself by entering into such a situation.

TRANSGRESSION COMMITTED ONLY ONCE

The Gemora states that if one commits a transgression and repeats it, it becomes like it is permitted to him.

Rav Shach was once giving rebuke and he questioned if there is any among us that have committed a sin and not repeated it. Woe is to us.

The Mabit in Beis Elokim (shaar hateshuva ch 11) writes that our sages have said if one commits a transgression three times, it becomes like it is permitted to him. Did he have a different version in the Gemora than us? Our Gemora states this to be correct if a person commits a sin even twice.

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Yovel for a Runaway Servant

Rav Sheishes (Daf Yomi: Kiddushin 17) explained a braisa (which ruled that a servant who runs away does not receive gifts) to be referring to a case where the servant ran away, and Yovel intervened. The braisa is teaching us that he does not receive gifts in this case (and he is not considered as if the master has freed him).

The Ramba”m rules that the runaway servant does gain his freedom when Yovel intervenes. The Ritv”a explains that there is no servant who remains by the master after Yovel.

The Sma”g, however, disagrees, and he bases his ruling upon a Yerushalmi which indicates that a servant who is not under the jurisdiction of his master when Yovel intervenes, does not go free by Yovel.

The Kesef Mishna asks: Why would the Sma”g rule in accordance with the Yerushalmi when the Bavli (our Gemora) rules that he does go free?

The Lechem Mishna explains that the Sma”g will explain our Gemora differently. He would learn that the Gemora’s conclusion is that the runaway servant does not go free in this case, and that is why he does not receive any severance gifts.

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Singing after the Egyptian's Died

The Gemora (Daf Yomi: Kiddushin 16) cites a braisa that a servant who runs away is required to complete the remainder of his six-year term.

The Chanukas Hatorah asks the following question in Parshas Beshalach: Why did Bnei Yisroel not break out in song immediately upon leaving Egypt? Why did they wait until after the splitting of the Sea?

He answers: The halachah is that if a servant runs away before his term expires, he is required to complete it. However, the halachah is that if the master dies, he is not obligated to finish his servitude.

We know that the Jewish people left Egypt prior to the four-hundred years that they were destined to remain there. Accordingly, they would have been required to complete this term at some later date. However, once the Egyptians died, they were completely freed. This is why they waited to sing until after they saw that the Egyptians died.

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