Eighty Replies to One Question

By: Meoros HaDaf HaYomi
and Many of our Subscribers

Our Gemora states: Rabbi Elozar bar Rabbi Yosi said, I have heard that the owner causes piggul. In his opinion, not only a Kohen can disqualify a sacrifice with a thought of piggul (that it will be eaten not in its proper time or place) but the owner of a sacrifice can disqualify it in the same way.

A question that originated in the beis midrash of Rabbi Chayim Berlin zt”l, the Netziv’s son, was discussed in all centers of learning everywhere. In his Sedei Chemed, HaGaon Rav Chizkiyah Medini zt”l collected the replies to this question from outstanding talmidei chachamim in Teveria, Vilna, Germany, etc. The question even graced the world of Torah with the work Gevuros Shemonim which, according to its author HaGaon Rav Yosef Engel zt”l (author of Beis HaOtzar, Asvan D’oraisa, etc.), “discusses one question and answers it in 80 ways”. His pupils related that he had many more answers but he sufficed with publishing 80 of them to give his book its unique name.

The question: If the owner causes piggul, we cannot test a sotah (a woman suspected of adultery) in the Temple, as before she drinks the cursing water, the Kohen has to offer the minchah (Sotah 23a, s.v. Kol) that she must bring. The sotah, who surely wants to be saved from the curse, will cause the minchah to be piggul and without offering the minchah, the water does not test her (Sotah 20b)! Rav Berlin continues that this question is only according to Rambam, that piggul can be caused also by thought but according to Rashi, that piggul is caused only by speech, the sotah can be prevented from saying anything.

She can be taken out of the ‘Azarah: The fifth of the 80 answers is based on Tosfos (above, 29a, s.v. Lamakom), who assert that a thought of piggul disqualifies a sacrifice only in the ‘Azarah. If so, the sotah can be taken out of the ‘Azarah while the minchah is offered. To force her to say the opposite: In the 37th answer, Rav Engel advises that the woman be forced to say explicitly that the minchah will be eaten in its proper time and place. From then on, even if she thinks frantically that it should be piggul, she cannot disqualify anything (according to Pesachim 63a).

The Kohen dispels her thought: In the 18th answer we find an idea based on a fine proof from Rashi on our sugya (s.v. Shama’ti), that the owner causes piggul only if the Kohen remains silent. But if the Kohen announces his pure intentions, the owner cannot cause piggul.

Piggul applies only to shelamim and todos: Rav Zeev Yitzchak HaLevi Dünner of Germany offered the answer that the owner can cause piggul only concerning shelamim and todos, whose meat they eat, but not regarding an asham, chatas orminchah, of which they do not partake (and see ibid, answer 4).

It would appear that the concept of the owner causing piggul is not relevant to the sotah’s minchah. The Gemora (36a; see Rashi ad loc. s.v. Hachi Garsinan Lishna Acharina) says that piggul, which entails intending to eat or burn the korban at the wrong time, only applies if the one causing the piggul can actually do it at the wrong time. But if he himself cannot, intending that others will do it at the wrong time is meaningless. Accordingly, the halachah that the owner can cause piggul would only apply to shelamim and the like, where the owner will indeed be eating the meat, so it is up to him to intend to eat it at the wrong time. But when it comes to the minchah, the woman will not be burning the minchah, nor will she be eating it. All she can do is intend that the Kohen burn or eat it at the wrong time, and that is meaningless.

Let’s remember that the woman is not the sole owner, as the husband is the one "sponsoring" the korban for her, which has many halachic ramifications. Accordingly, it is quite likely that the husband is the one who would have the jurisdiction over the piggul, just as we see in Bava Kama Daf 13a-b that when one person sponsors a korban for another, the sponsor is entitled to the meat.

Rashi writes that the owner can render it piggul if the Kohen had no intent, implying that if the Kohen explicitly intended the proper thought, the owner’s thought would not count. This makes sense, considering that the source for the owner’s power to cause piggul is that he too is called a makriv, but as a makriv, he is definitely secondary to the Kohen. Accordingly, in the case of the sotah, the solution is to ensure that the Kohen specifically intends the right thought.

The most obvious answer seems to be that she cannot overpower the intention of the Kohen doing the avodah. You will note that Rashi says that the owner can cause piggul if he has piggul intention and the Kohen kept quiet. From here it seems that if the Kohen has an active intention the owner’s intention cannot take effect.

Perhaps, since it’s not b’yadah to eat it chutz l’zmano or to be makriv it chutz l’mkomo, she cannot make it piggul.

The Torah says that the husband shall bring her to the Kohen, and therefore it’s his korban not hers.

Perhaps because she would benefit personally from piggul, therefore she does not have believability.

Only an innocent woman will actually drink the waters, so as to prove her innocence. Accordingly, she wouldn’t cause it to become piggul.

The Torah says (Bamidbor 5,15) "Veheivi", which means that the husband brings the minchah, so what makes the wife the owner? And even if the waving (of the minchah) is done by the wife, so what? The Kohen had to do the waving with her as well so he is the owner as well?

In Sotah 19, the Chachamim say (and so is the halachah) that first she drinks and then they start with the minchah. There was no chance to cause piggul before drinking, and R’ Shimon says the minchah was first, but who says that he agrees with Rabbi Elozar bar Rabbi Yosi?

It would seem to me that if she deliberately has machsheves piggul, she would not be believed to say so since ain odom maysim atzmo rasha. (I assume it is forbidden to deliberately invalidate a korban, and especially to prevent them from fulfilling dinei sotah). The only possible case is if the person says he accidentally had machsheves piggul.

Who said the woman is the owner of the korban. Perhaps it’s being brought for her, not by her, and she can’t cause the piggul.

If we’re concerned that she’ll try to get out of drinking she could do it in an easier way by admitting she was guilty. This would forbid her to her husband, but no death penalty.

Who said the wife is the owner of the minchah? Doesn’t the husband pay for it and have to "bring her"? Isn’t he the owner?

The first though that occurs to me is whether in fact the korban minchah prevents the sotah from drinking, or is it considered a separate and distinct aspect of the overall process, so that even if it invalidated it, she could still drink?

There is a halachah that if the accused sotah declares that she will not drink, then the korban minchah must be burned. Therefore, even according to the opinion of the Rambam, if she is completely silent, we need not be concerned with the possibility of her having a piggul thought, since she did not verbally refuse to drink. Obviously, she feels that she is innocent, and is willing to do ahead with the entire process - including both a proper hakravah of the korban and the drinking.

Rashi there says ‘if the Kohen is quiet while being mekabel…’ – this sounds like the only then does the owner capable of rendering it piggul. Therefore here where there is a concern we’ll just have the Kohen speak out the correct time and day… and therefore even the Rambam will agree that her intention cannot override or have any impact to the Kohen’s expression.

Do we see anywhere that we suspect someone to deliberately render something piggul – is it not kares?

If there is this concern then R’ Chaim Berlin should ask more – how can the Kohen continue to do the different avodah’s on an animal which is suspect to be piggul?

Saying Eizehu Mekoman before Prayer

For very many years it has been the custom to say the Mishna of our chapter, Eizehu mekoman, before shacharis. The Tur (O.C. 50) bases the custom on the halachah that every day one should learn Torah (Written), Mishna and Talmud (Kiddushin 30a). Therefore we say the parashah of the tamid and the verses dealing with the sacrifices for the portion of Torah, Eizehu mekoman for Mishna and Rabbi Yishmael’s braisa for the portion of Talmud. Our chapter was chosen from the 524 chapters of Mishna because the Gemora in Menachos 110a praises those who learn about sacrifices (see Perishah, ibid, S.K. 2 and 4).

Beis Yosef (ibid) cites another reason in the name of the Raah: “because there is no disagreement in the whole chapter and it is a clear Mishna handed down from Moshe from Mount Sinai”. In other words, this chapter does not contain even one difference of opinions and therefore we assume that it has been handed down from Moshe in its present form (Peninim Mishulchan HaGra, end of Shemos, and the Noda’ BiYeudah wrote likewise in Doresh LeTziyon, derush 11). Some also prove thus from the phrasing of the Mishna in this chapter, which evidences its antiquity, as we are told: “…and they are eaten within the curtains (kla’im)”. Curtains were not in the Temple but in the Sanctuary (mishkan). Therefore, the Tanaim did not formulate this Mishna but it originates from the generation of the desert (see Otzar HaTefilos, p. 81 in the remark, and Tiferes Yisrael on our chapter, os 22). ‘Ateres Zekeinim on Shulchan ‘Aruch (ibid) states that the words of this chapter amount to 344 and when we add 1 for reading, we arrive at the numerical equivalent for Moshe – a hint that this chapter was given to Moshe at Mount Sinai in its present phrasing.

Is it really true, many wondered, that there is no difference of opinions in the chapter? Our Gemora explains that the Mishna’s statement, that the pesach is eaten only till midnight, is only according to Rabbi Elozar ben Azaryah and not according to Rabbi Akiva (see Pri Megadim, ibid, in Eishel Avraham, and see Yeshu’as Ya’akov, S.K. 1). Indeed, the Ritva, the great pupil of the Raah, indicates (Avodah Zarah 19b) that Raah did not mean that this chapter was given to Moshe in its present form but “since the whole chapter is learnt with no difference of opinions mentioned at all, it should be learnt more than other chapters”.

HaGaon Rav Eliezer Yehudah Waldenberg, who expands on the topic (Responsa Tzitz Eli’ezer, IX, 5), cites the reason of Orchos Chayim (Dinei Meah Berachos, os 16), that this chapter includes the secret of all the sacrifices. Yesod Veshoresh Ha’Avodah says: “A person scrutinizing the writings of the Ari z”l will realize its great import, that every Mishna of this chapter is a rectification (tikun) in itself in the high worlds” (see Tzitz Eli’ezer, ibid).

To conclude, we should mention the statement of Rabbi Shneiur Zalman of Lyadi zt”l (Responsa HaGraz, 1:9), that as saying Eizehu mekoman before prayer was mainly instituted so that a person should learn something each day, a person “who can learn and understand does not have to say the parashah of the sacrifices each day but to say it sometimes suffices”.

DAILY MASHAL

How Could You Write a Book on Eizehu Mekoman?

A person who wrote a commentary on Eizehu mekoman came with his book to Rebbe Baruch of Mezhbuzh for an approbation. The Rebbe replied, “I wonder how you could write such a commentary. When I come to this chapter, I begin to imagine bringing sacrifices to the Temple and the service of the kohanim. My stomach turns over and I’m full of tribulations and suffering” (Ma’yanah shel Mishna).

What Is a Sacrifice?

Our Mishna says “What is the place of the sacrifices?” – i.e., all the sacrifices. Rabbi Avraham Ibn Ezra writes in his commentary on the Torah (Shemos 20:20): “I saw an apostate…who challenged the chachamim because they said „What is the place of the sacrifices (zevachim)‟. He said that in all the Torah he found zevichah referring only to shelamim, such as „‘olah uzevachim as an ‘olah is a thing for itself and the zevachim are shelamim, as in „…and they offered ‘olos and slaughtered zevachim shelamim” (Shemos 24:5) and thus we find everywhere. I showed him that he wasn’t speaking correctly as we are told: „…and you will slaughter (vezavachta) on it your ‘olos and shelamim.” He then admitted to his sin…that he had disputed men greater than all following generations”

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No Person is Saved from these Transgressions

brought to you by Kollel Iyun Hadaf of Har Nof

The Gemora states: Rav Amram said in the name of Rav that there are three transgressions from which no person is saved every day. They are: thoughts of sin, examining one’s prayers (Rashbam – feeling overconfident that his tefillah will be answered positively; Tosfos – lack of concentration during tefillah), and lashon hara. The Gemora explains that lashon hara refers to avak lashon hara (close to being lashon hara).

What does the Gemora mean that “no man is saved” from these transgressions? Certainly there are great Tzadikim and Talmidei Chachamim who -- even if not entirely free of sin (see Koheles 7:20) -- do not transgress all of these transgressions every single day! How can the Gemora say that “no person” is saved from these three transgressions every day?

In addition, if no one is saved from these three transgressions, then why are they transgressions? Hashem certainly would not give commandments that are impossible to keep.

The Iyun Yaakov explains that the Gemora means to say that because the temptation for these three transgressions is so great, no person is saved from these three transgressions without putting forth much effort. Someone who puts forth the effort to protect himself from these transgressions, though, will succeed and will not succumb.

The Toras Chaim, however, does not seem to agree with this explanation. He asks why the Gemora says that “no person is saved” from these three transgressions, instead of saying simply that “there are three transgressions which a person transgresses every day.” He answers that the Gemora is teaching that even one who attempts to avoid these transgressions will not be saved from transgressing them inadvertently, since the frequency of the challenge of these transgressions is so great.

How, though, does the Toras Chaim explain that there are Tzadikim who are able to avoid these transgressions?

The Maharsha explains that when the Gemora says that “no person is saved” from these three transgressions, it is referring to an ordinary person, but not to Tzadikim, who indeed are saved from these transgressions. He explains that while only a Jew, and not a gentile, is called “Adam” (Yevamos 61a), there is still a much higher level that a person can reach. The verse in Zecharyah (3:7) says that when a person follows the ways of Hashem, then “I will give you strides among these [Mal’achim] standing here.” Similarly, the Gemora in Chagigah (15b) explains that the verse, “The lips of the Kohen shall safeguard knowledge, and they shall seek Torah from his mount, because he is an agent (Mal'ach) of Hashem...” (Malachi 2:7), is teaching that when a Torah teacher is similar to an angel, then one should seek to learn Torah from him. This teaches that a person should strive to reach a level of absolute submission to Hashem, like the level of the angels.

When the Gemora here says that “no person (Adam) is saved” from these three transgressions, it is referring to a person who has not yet reached this level of perfection in his Avodas Hashem. The Maharsha explains that the word “Adam” is an acronym for the words, “Efer” (ashes, dust), “Dam” (blood), and “Marah” (bile), as the Gemora in Sotah (5a) says. An ordinary person, whose physical composition dominates his actions, is not able to prevent himself from transgressing these three transgressions. The fact that he is comprised of “Efer” negates his ability to activate his spiritual strengths in order to pray properly, and thus he sins with the transgression of iyun tefillah. The heat of the “Dam” within him causes him to lust for immoral pleasure, and thus he is not saved from thoughts of sin. His element of “Marah,” bile, creates in him the bitterness that causes him to have bad Middos and leads him to speaking lashon hara.

A person who conquers the lusts created by his physical composition overcomes the pull of those elements and rises above the status of “Adam” (“Efer, Dam, Marah”) and becomes comparable to an angel. Such a person certainly is able to avoid transgressing these transgressions.

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Graves and Cemeteries

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The Gemora states that Rabbi Bana’ah used to mark out caves and it relates what happened when he went into the Cave of Machpeilah (where the Patriarchs and Matriarchs were buried).

The Rashbam explains that he did this in order to determine the precise dimensions of the crypts, and after marking its borders on the ground above, people, and especially Kohanim, would be able to avoid becoming tamei (through tumas ohel – forming a tent over a corpse).

Tosfos asks from the Gemora in Yevamos (61a): Rabbi Shimon ben Yochai said: The graves of idolaters do not transmit tumah through the roof (if the tumah source and a person or object is under the same roof). If so, how could there be any tumah from the Cave of Machpeilah?

Tosfos continues that even according to the Rabbis, who disagree and hold that there is tumas ohel from an idolater’s grave, nevertheless, regarding a grave before the Giving of the Torah, the Gemora in Nazir (54a) only includes it for tumah with respect to touching, but not through roof association!?

The Ramban explains that Rabbi Bana’ah did this out of respect to our forefathers, for although they cannot transmit tumah, they accepted and observed the entire Torah.

Reb Chaim Brisker writes that if not for these Rishonim, he would have said that a corpse which is in a grave after the ?Giving of the torah is considered as if it was freshly buried, and it will transmit tumah.

Tosfos answers that the reason idolaters are excluded from tumas ohel is because it is written [Yechezkel 34:31]: Now you my sheep, the sheep of my pasture; you are adam. You, Israel, are referred to as “Adam,” man, but an idolater is not regarded as “Adam.” [The word “Adam” is the term used in the Torah regarding the laws of tumah by way of a roof; thus we see that the grave of an idolater does not transmit this tumah.] However, we find that Avraham Avinu was referred to as “Adam,” and Adam Harishon as well; accordingly, the halachos of tumas ohel would apply to the Cave of Machpeilah.

According to these Rishonim, our Gemora would seemingly be a proof that the graves of the righteous transmit tumah.

Tosfos in Bava Metzia (114b) writes that when Eliyahu said that the reason he was involved in the burial of Rabbi Akiva (although he was a Kohen) was because there is no tumah by a Torah scholar, that was only an excuse; the real reason was because the corpse had to be treated like a “meis mitzvah,” for everyone else was too frightened (from the government) to bury him.

There are, however, some Acharonim who rule that the righteous do not transmit tumah. Over the ages, some Kohanim have relied on this to attend the funerals of tzadikim (see Shut Minchas Eliezar 3:64). However, the vast majority of poskim have not relied on this Midrashic statement and forbid Kohanim from attending the funeral of tzadikim (See discussion in Beit Yosef YD 373; Pischei Tshuva YD 372:2; Kitzur Shulchan Aruch 202:14; Bach YD 374; Shut Divrei Yatziv (by Klausenburg rebbe) YD:231; Yechave Daat 4:58).

Rabbi Gil Student cites other halachic authorities who deal with this topic. The contemporary greats, including Rav Moshe Feinstein, Rav Yaakov Kamenetzky, Rav Yaakov Yitzchak Ruderman, Rav Yitzchak Hutner, and Rav Shlomo Zalman Auerbach all come down as prohibiting in their letters of approbation to the book Ziyon L'nefesh Zvi. [See footnotes 50 and 51 to Al Hadaf Kesubos 7/No.65/July 2 '00.] The only exception would be the actual Nasi, for whom the Shulchan Aruch (YD 374:11) says all (even Kohanim) may become tamei.

[See the responsum on this topic of graves of tzadikim causing tumah in Eliyav ben Achisamach (written by Rav Sender Friedenberg, formerly Rav of Prashvitz and then of Bastravtza, in 5671[1911]). See also the specific responsa of Rav Shlomo Kluger (1785-1869; Tuv Taam v'Daas 2:Aveilus:231) who ruled that Kohanim could not go near the grave of the great chassidic Rebbe Rav Aaron of Chernobil, or of any other tzadik. See Kitzur Shulchan Aruch 202:14) that "Kohanim hedyotim" rely on this rule to visit the graves of the righteous, but they are mistaken and one should correct them.]

The Kaftor va’Ferech writes that Rabbi Bana’ah marked these graves in order for the future generations to know where our forefathers were buried, and this way, we would be able to pray by their gravesite that no tragedies should befall Klal Yisroel. This would be just as Calev separated himself from the plan of the spies and went and prostrated himself upon the graves of the Patriarchs, saying to them, “My fathers, pray for mercy on my behalf that I may be spared from the plan of the spies.”

The Ritva writes that although the Gemora in Taanis (16a) states that it was the custom to visit a cemetery on a fast day, they didn’t go to the cemetery in order to daven there because that is forbidden on the account of “loeg lerosh” – it is considered mocking to the dead who cannot perform the mitzvos; rather they davened in the streets and went to the cemetery afterwards. The Ran adds that they did not take the sefer Torah with them when they went to the cemetery.

The Noda B’yehuda (O”C 2:109) was asked on a year that there was no rain and there was tremendous suffering; if they would be permitted to go to a cemetery with a sefer Torah and daven there for rain.

He cites a Zohar (Acharei Mos) which states that davening by a cemetery inspires the souls of those buried there to inform those that are buried in Chevron (Patriarchs and the Matriarchs) who subsequently will arouse Hashem’s compassion.

However, there is a Gemora in Brochos (18a) which rules that a person should not enter a cemetery with tefillin on his head or read from a sefer Torah in his arm. We can infer from this Gemora that reading from the sefer Torah is forbidden but holding it would be permitted. The Kesef Mishna in Hilchos Sefer Torah (10:6) learns that both are forbidden; reading from the sefer Torah or holding it.

The Noda B’yehuda concludes that although he is not an expert in the hidden portions of Torah, the Zohar cited does warn against bringing a sefer Torah that might be missing letters into a cemetery since this can cause terrible consequences.

The sefer Igra D’taanisa wonders why the Noda B’yehuda makes no mention of the Gemora in Taanis, which would indicate that one can go daven by a cemetery.

The Minchas Elozar discusses the permissibility of people davening by Kever Rochel. Some say that we are not mocking Rochel since she was living before the Torah was given; she was never obligated in mitzvos.

The Netziv rules that in his days, it would be permitted because the custom was to bury them deeper than ten tefachim from the ground and it is considered like a different domain.

The Rama (O”C 581:4) writes that there are places that have the custom to go to cemeteries on Erev Rosh Hashanah and to recite lengthy Tefillos there. The Chidah asks on this Rama from the Ritva in Taanis that states explicitly that one should not daven in the cemetery.

There are those that create a distinction between a compulsory tefillah and a tefillah which is only voluntary.

The Elya Rabbah (581) quotes from the Maharil that one should be careful when going to the graves of Tzadikim that your tefillos should not be directed towards those that are buried there, rather one should daven to Hashem and ask for compassion in the merit of these Tzadikim. Some say that you can ask the dead to be an advocate on your behalf.

The Bach (Y”D 217) rules that it is forbidden to daven to the dead because of the prohibition of being “doresh el hameisim.” He points out that even though we find that Calev did daven in Chevron by the Meoras Hamachpeila, he wasn't davening to the Avos. Rather, since a cemetery is a place of holiness and purity, the tefillos davened there will be more readily accepted.

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Specifics in Tefillah

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by: Rabbi Avi Lebowitz

The Gemora inquires: What if the landowner said to the tenant-farmer, “Plant wheat,” and he went and planted barley, and then the greater part of the valley was blasted, and his barley too was blasted? Do we say that the tenant-farmer can claim, “Had I planted wheat, it also would have been blasted,” or perhaps the landowner can respond, “Had you planted wheat, the Scriptural blessing of “You will make a plan, and it shall be established for you” would have been fulfilled for me?

Rashi writes that the landowner counters by saying, “If you would have planted wheat, the field would have quite possibly been spared, for I was praying at the beginning of the year regarding a successful wheat crop; not for barley.”

The focus on the “beginning of the year” is that even though the landowner realized later that the farmer planted barley rather than wheat, and from the time of planting he was praying for a successful barley crop, he can still claim that before the planting season, he has already been praying for success regarding wheat, not barley, and perhaps it was that prayer that would have been listened to.

This idea that a prayer will only work for what a person is explicitly requesting, and not merely for what he was intending, can be traced to a Rashi in Chumash (Parshas Chukas 21:1). Rashi explains that the Amaleikites dressed as Canaanites so that the Jews should pray that the Canaanites should be delivered in their hands. Since in fact, they were fighting with Amaleik, their prayers would be useless.

The Mesech Chochmah makes the connection to our Gemora. He explains that even though they would have surely prayed against Amaleik had they known their true identity, tefillah does not accomplish when one is praying for the wrong thing.

We learn from here that when we daven, although it is important to make the tefillah specific (as we see from Chazal in the way they instituted the Shemoneh Esrei, asking for specific requests, not just “all good things” - this is also clear from Tosfos that if one davens very generally for success, it is not a strong tefillah, so Hashem is less likely to listen and he therefore has no claim, but when he davens for something specific, Hashem is more likely to listen and therefore he has a claim), we should leave our tefillos open enough, so that if we are mistaken about certain facts, the tefillah will still be applicable; rather than limiting the tefillah based on facts that will be realized to be wrong, rendering the entire tefillah futile.

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A Woman's Sacrifices and Recital

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Rabbi Yehudah used to expound common terms. For it has been taught in a braisa: Rabbi Yehudah said: A rich person is obligated to bring a rich person’s korban for his wife, and likewise, he is obligated to provide her with the animals for any of her korbanos that she must bring, for the following is what he wrote for her in the kesuvah: My properties are pledged for every claim you may have against me from before up to now.

Rashi explains that it is the husband’s obligation to provide for the sacrifice of his wife, and Rabbi Yehudah rules that when the husband is doing so, he must bring a sacrifice according to his financial status. He cannot claim and say, “My wife has no possessions of her own and she is therefore poor, and I should therefore only be obligated to bring a poor man’s sacrifice for her.”

The Gemora in Nedarim (35b) cites a verse which teaches us that a man is required to bring a korban for his wife, whether she is normal or insane. This, however, is only true regarding sacrifices that are offered for someone who lacks atonement, for these korbanos are different in the following respect: Korbanos are only brought with the owner’s consent; however, a korban, which is brought for one who lacks atonement, can be brought even without the owner’s consent. Therefore, all other korbanos, the woman would be required to bring them; her consent is a necessity.

Rabbi Yaakov Emden in Mor U’Ketziah (47) writes that women, in general, have no connection to korbanos, except for those that are her personal obligations, e.g. the birds of a zavah or for a woman who gave birth.

The Peri Megadim disagrees and writes that they are included in the general sacrifices, and certainly with the recital of the korbanos, which we do nowadays, as a replacement for the actual offering of the sacrifices.

The sefer Toras Hayoledes brings that a woman who gave birth, on the forty-first day if she had a son, and on the eighty-first day if she had a daughter, should recite the verses in Parshas Tazria dealing with the korbanos she would have been required to bring if there was a Beis HaMikdash in existence. And she should conclude with the following prayer, “Master of the Universe, it should be the will of our G-d and the G-d of our forefathers that this recital which I said should be significant and accepted before You as if I actually brought my prescribed sacrifices. And it should be the will of our G-d and the G-d of our forefathers that You should build the Beis HaMikdash speedily in our days.”

The Pischei Zuta discusses if she would be required to recite the passages that deal with the sacrifices that she would bring if she was poor and could afford the animals. For perhaps that dispensation was only in the times of the Beis HaMikdash, when korbanos were being brought; however, now, that we are merely reciting the verses, every woman should say the same thing.

In the siddur Keser Nehura, it is written that on the day following a woman’s immersion in a mikvah for her menstrual impurity, she should recite the passages from Parshas Metzora that deal with those halachos. And she should conclude by saying, “It should be the will of our G-d and the G-d of our forefathers that this recital which I said should be significant and accepted before You as if I actually brought my prescribed sacrifices.”

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Save us from Brazenness

We conclude the daily morning blessings with the following: Blessed are You, Hashem, who bestows beneficent kindness upon His people Israel (Hagomel chasadim tovim l’amo Yisroel). This is immediately followed by the tefillah, May it be Your will, Hashem, my God, and the God of my forefathers, that You rescue me today and every day from brazen men and from brazenness etc. What is the connection between the two tefilos?

Reb Shmuel Leider in Nitei Eishel explains as follows: Our Gemora states: Rabbah said: Why did the Torah say that one who admits part of a claim must swear? It is because we assume that no man would be so insolent to deny his obligation in the face of his creditor. And since the Holy One, Blessed be He has showered us with beneficent kindness without any limits whatsoever, so much so that we cannot even thank Him sufficiently. As we say in nishmas: Even if our mouths would be as full of song as the sea, and our tongue as full of joyous song as its multitude of waves, and our lips as full of praise as the breadth of the heavens etc., we still could not thank You sufficiently for even one of the thousand thousand, thousands of thousands and myriad of favors that You performed for our ancestors and for us. Accordingly, we are debtors to Hashem, so immediately after we thank Hashem for all the kindness He does for us, we pray that He should save us from brazenness, i.e. we should not Heaven forbid act insolently towards Hashem after all the kindness that He bestows upon us.

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Save us from Brazenness

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We conclude the daily morning blessings with the following: Blessed are You, Hashem, who bestows beneficent kindness upon His people Israel (Hagomel chasadim tovim l’amo Yisroel). This is immediately followed by the tefillah, May it be Your will, Hashem, my God, and the God of my forefathers, that You rescue me today and every day from brazen men and from brazenness etc. What is the connection between the two tefilos?

Reb Shmuel Leider in Nitei Eishel explains as follows: Our Gemora states: Rabbah said: Why did the Torah say that one who admits part of a claim must swear? It is because we assume that no man would be so insolent to deny his obligation in the face of his creditor. And since the Holy One, Blessed be He has showered us with beneficent kindness without any limits whatsoever, so much so that we cannot even thank Him sufficiently. As we say in nishmas: Even if our mouths would be as full of song as the sea, and our tongue as full of joyous song as its multitude of waves, and our lips as full of praise as the breadth of the heavens etc., we still could not thank You sufficiently for even one of the thousand thousand, thousands of thousands and myriad of favors that You performed for our ancestors and for us. Accordingly, we are debtors to Hashem, so immediately after we thank Hashem for all the kindness He does for us, we pray that He should save us from brazenness, i.e. we should not Heaven forbid act insolently towards Hashem after all the kindness that He bestows upon us.

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Spine Turns into a Snake

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The Gemora (Bava Kamma 16) cites a braisa: The spine of a deceased person becomes a snake after seven years, if he does not bow down for the modim prayer.

Tosfos explains that this is measure for measure. Rav Sheishes (Brochos 12b) said that when he bowed down during Shemoneh Esrei, he would bow like a rod (in one swift motion), and when he straightened up, he would straighten up like a snake (which raises its head first and then slowly raises the rest of its body). A person’s punishment is that his spine turns into a snake.

What is behind the bowing down like a rod and straightening up like a snake?

Kollel Iyun HaDaf explains this based upon the Maharsha and the Maharal: The point of "Modim" is to show one’s humility before Hashem, Who grants a person everything he needs for his daily life. The Gemora in Sotah (9b) teaches us that Hashem originally made the snake the king of the beasts, but the snake was not grateful and it became arrogant and wanted even more. Hashem punished the snake, saying, “I originally created you to walk with an upright stature, but now that you did not humble yourself, you will walk upon your stomach.” The snake, therefore, is a symbol of the punishment that befalls a person who does not humble himself and does not recognize that everything he has is a gift from Hashem. When a person bows down, he should bow like a rod, reminding himself that there is a Master in Heaven Whose word he must obey (for a king rules with his stick; see Sotah 40a and Shabbos 52b).

When a person rises after bowing, he must remember that even when standing erect, he should not do so in an arrogant manner. The Gemora here teaches us that if a person does not bow during Modim and thereby commits the sin of the snake, by standing erect and not recognizing Hashem’s dominion; after he dies, his spine that did not bend, will turn into a snake.

Tosfos brings another explanation: The Midrash says that there is a vertebra in the spine of a person from which he is resurrected in the World to Come. This bone is so strong and hard that fire cannot consume it. And now, when that bone becomes a snake, he will not be resurrected and will therefore not live in the World to Come.

Tosfos rejects this explanation, for it is not logical to say that one will punished so harshly for committing this minor transgression, for we have learned that all of Israel has a share in the World to Come.

Rav Shamshon Raphael Hirsch wrote in a letter: Anyone who reads this Gemora finds it laughable, but Pliny says the same statement almost word for word, “After a number of years the human spine turns into a snake” Chazal, however, used this to teach a mussar lesson. To any mind it is clear that every similarly surprising statement of Chazal, if we look into it, was accepted as true by the scholars of the time.

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Food for Thought - Kiddushin 59

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*** The Mishna had stated: And similarly, if a man says to a woman, “Become betrothed to me after thirty days,” and someone else betroths her within thirty days, she is betrothed to the second person.

The Ramban writes that the first kiddushin was not totally voided, and therefore, if within the thirty days, the second man dies or divorces her, the first kiddushin will be valid. Proof to this is from the language of the Mishna when it states that she is mekudeshes to the second one, and it does not say that she is not mekudeshes to the first one.

The Rashba disagrees and holds that the action of the second marriage negates the verbal arrangement of the first one. He adds that the language of the Mishna does not prove otherwise, for once we have established that the second marriage is valid; it is obvious that the first one is voided.

*** Ravin Chasida went to betroth a woman for his son, but instead ended up marrying her himself.

The Gemora asks: Doesn’t the braisa say that in such a case what is done is done, but it is a deceptive act?

The Gemora answers: In the case of Ravin Chasida, the girl was not going to be given to his son in any event (the family did not agree to it).

The Gemora asks: He still should have first notified his son that this was the situation before going ahead and marrying her himself!?

The Gemora answers: He was worried that in the interim, someone else would betroth her.

The Ritva asks: Why was he concerned? Doesn’t the Gemora (Moed Katan 18b) say that every day a Heavenly voice pronounces: “The daughter of this individual is designated for that man”?

He answers that this was Ravin Chasida’s second marriage, for he already had a son, and the Heavenly voice only makes this proclamation by a first marriage.

Furthermore, he answers that perhaps someone will marry her as a result of their prayer. The Gemora in Moed Katan even states that another man might desperately want a certain woman as a wife and he cannot bear the fact that she will be married to another man; subsequently he will pray that she dies.

*** The Gemora asks: What is the law regarding someone who interferes with a poor person who is trying to get a loaf? Rabbi Abba answered: He is called an evildoer.

Rashi writes that the poor man saw a loaf that was abandoned by its owner, and he wanted to acquire it for himself. If another person snatches it away from him, he is a wicked man.

Tosfos writes that there is no ethical breach to do this when the item is ownerless, for if the other person will not acquire the loaf, he will not be able to get it anywhere else. He is not required to lose because of the poor man. The poor man only has a claim to the object when he wishes to purchase the item from another; there the poor person can claim that the “snatcher” is ruining his opportunity to profit.

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Miracle of Prayer

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The Mishna in Rosh Hashanah states that whenever Moshe held up his hand, Israel prevailed (against Amalek). The Mishna asks, do Moshe's hands make or break the battle? Rather, this teaches you that so long as Israel were looking upwards and subjugating their hearts to their Father in Heaven, they were victorious; if not, they would fall.

The Netziv in Merumei Sadeh asks on the Mishna's question. What was so strange about Moshe's hands making the battle? Didn’t Moshe’s hands split the sea and perform other miracles as well through his hand?

He answers that the fight against Amalek had to be won in a natural way and not through a miracle. Perhaps we can add that fighting Amalek is in essence the fight that we have daily with our evil inclination. This fight could not be left to miracles. This is what is bothering the Mishna. Could the battle have been won through Moshe's hands like the other miracles? The Mishna’s answer is no, it could not have been since this battle required a victory through natural means.

Let us examine the answer of the Mishna. Rather, this teaches you that so long as Israel were looking upwards and subjugating their hearts to their Father in Heaven, they were victorious; if not, they would fall. Isn't the Mishna stating that they relied on a miracle from Above. They looked upwards and they were victorious. How can this be explained?

The Gemora in Kiddushin (29b) relates an incident with Abaye and Rav Acha bar Yaakov. There was a certain demon that haunted Abaye’s Beis Medrash, so that when two people entered, even by day, they were injured. Abaye instructed the community not to provide Rav Acha shelter when he would arrive in the city, thus forcing the father to spend the night at the Beis Medrash; perhaps a miracle will happen [in his merit]. Rav Acha entered the city and spent the night in that Beis Medrash, during which the demon appeared to him in the guise of a seven-headed dragon. Every time Rav Acha fell on his knees in prayer one head fell off. The next day he reproached them, “Had not a miracle occurred, you would have endangered my life.”

The Maharsha in his commentary to Kiddushin asks that how did Abaye have permission to place Rav Acha in such a precarious position. One is forbidden to rely on a miracle? He answers that Abaye understood the potency of Rav Acha’s prayer. Abaye was certain that Rav Acha’s prayers to the Almighty would be answered and that this is not a miracle. Hashem has instilled in this world the power of prayer and incorporated it into the natural order of the world.

This is what our Mishna is answering. Amalek has to be defeated through natural means and that is what Klal Yisroel did at that time. They cried out to Hashem and subjugated their hearts towards Him and were answered.

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CAN’T BE ANSWERED IN MIDDLE OF THE PRAYER

The Gemora (Daf Yomi: Sotah 37a) had stated that Yehudah sanctified God’s Name in public. The Gemora cites a braisa: Rabbi Meir used to say: When the Jewish people stood by the Sea, the tribes were fighting with each other. Each one said that they would be the first one to jump in (as the Egyptians were behind them, and they had nowhere else to turn). The Tribe of Binyamin jumped and went down into the Sea first. The officers from the Tribe of Yehudah began to stone them. It was because of this that Binyamin the righteous merited to become the host to the Presence of the Almighty, as it says: And God rests between Binyamin’s shoulders (the Holy of Holies was located in Binyamin’s portion).

Rabbi Yehudah told Rabbi Meir: That was not the way the incident occurred; rather, each tribe said that they would not be the first one to jump in. It was at that point that Nachson the son of Aminadav (the Nasi from Yehudah) jumped and went down into the Sea first. At that moment, Moshe was praying at length. The Holy One, Blessed be He, said to him, “My dear ones are drowning in the Sea, and you are prolonging in prayer before Me!” Moshe replied to Hashem, “What is there for me to do?” Hashem said to him, “Speak to the Jewish people and they should travel forward. You should lift up your staff and stretch out your arm over the Sea and split it.” It was because of this that Yehudah merited becoming the ruling power in Israel.

Rashi in Shmos (14:15) notes: Moshe was standing and praying. The Holy One, blessed be He, said to him, “This is no time to pray at length, when the Jewish people are in distress.” It would seem from Rashi that since they were distressed, it was not the proper time for a lengthy prayer; however, it was a time for prayer.

The Maharsha explains based upon the Gemora in Brochos (28b), which rules that if one finds himself in a dangerous place, he should pray with an abridged version.

The Maharal explains as follows: A person is not answered during his prayer. He is only answered when he concludes his prayer. This is what Hashem was telling Moshe. Now is not the time for lengthy prayers, for the Jewish people are in distress.

This requires clarification. If his prayer was worthy of answering, why couldn’t he be answered during his prayer? Why was there a necessity to wait for the conclusion of his prayer?

Rav Hutner in Pachad Yitzchak (Pesach; 14) cites a Medrash in Shmos Rabbah (21): Why did the Holy One, Blessed be He, place the Jewish people in such a predicament? It was because He desires to hear their prayers. Rabbi Yehoshua ben Levi offers the following parable: A king was traveling o the road when he hears the cries of a damsel in distress. “Help me,” she calls out, “Bandits are attacking me!” The king hears and comes to her rescue. After some time, the king wishes to marry this girl. He invites her to the palace, but she refuses to come. What does he do? He sends out a group of bandits to threaten her, and once again, she calls out to the king to be protected. The king says, “It is to hear your voice that I desired.”

It emerges from here that the prayer is not on account of the Jewish people’s distress; but rather, the suffering or anguish is brought about to stir us into prayer. Hashem wishes to hear our prayers. Reb Yeruchem Levovitz, the Mirrer Mashgiach used to state this principle to explain the following Gemora in Yevamos (64a): 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. This is why we cannot be answered in middle of a prayer, for then, the salvation will be interrupting the prayer, and the only reason Hashem brought about this situation is only because He wished to hear us pray.

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Praying in a Cemetery

(Daf Yomi: Sotah 34b) And they went up by the South and he arrived at Chevron. Shouldn’t the Torah have stated: and they arrived at Chevron? Rava said: It teaches us that Calev separated himself from the plan of the spies and went and prostrated himself upon the graves of the Patriarchs, saying to them, “My fathers, pray for mercy on my behalf that I may be spared from the plan of the spies.”

The Gemora in Taanis (16a) states that it was the custom to visit a cemetery on a fast day. One reason given is that the Jewish people were saying that they consider themselves like corpses and this will stimulate them to repent. Another reason is that this will enable the deceased who are buried in the cemetery to pray for them. According to the second reason, they would not visit a cemetery that contained the graves of gentiles.

The Ritva writes that they didn’t go to the cemetery in order to daven there because that is forbidden on the account of “loeg lerosh” – it is considered mocking to the dead who cannot perform the mitzvos; rather they davened in the streets and went to the cemetery afterwards. The Ran adds that they did not take the sefer Torah with them when they went to the cemetery.

The Noda B’yehuda (O”C 2:109) was asked on a year that there was no rain and there was tremendous suffering; if they would be permitted to go to a cemetery with a sefer Torah and daven there for rain.

He cites a Zohar (Acharei Mos) which states that davening by a cemetery inspires the souls of those buried there to inform those that are buried in Chevron (Patriarchs and the Matriarchs) who subsequently will arouse Hashem’s compassion.

However, there is a Gemora in Brochos (18a) which rules that a person should not enter a cemetery with tefillin on his head or read from a sefer Torah in his arm. We can infer from this Gemora that reading from the sefer Torah is forbidden but holding it would be permitted. The Kesef Mishna in Hilchos Sefer Torah (10:6) learns that both are forbidden; reading from the sefer Torah or holding it.

The Noda B’yehuda concludes that although he is not an expert in the hidden portions of Torah, the Zohar cited does warn against bringing a sefer Torah that might be missing letters into a cemetery since this can cause terrible consequences.

The sefer Igra D’taanisa wonders why the Noda B’yehuda makes no mention of the Gemora in Taanis, which would indicate that one can go daven by a cemetery.

The Minchas Elozar discusses the permissibility of people davening by Kever Rochel. Some say that we are not mocking Rochel since she was living before the Torah was given; she was never obligated in mitzvos.

The Netziv rules that in his days, it would be permitted because the custom was to bury them deeper than ten tefachim from the ground and it is considered like a different domain.

The Rama (O”C 581:4) writes that there are places that have the custom to go to cemeteries on Erev Rosh Hashanah and to recite lengthy Tefillos there. The Chidah asks on this Rama from the Ritva in Taanis that states explicitly that one should not daven in the cemetery.

There are those that create a distinction between a compulsory tefillah and a tefillah which is only voluntary.

The Elya Rabbah (581) quotes from the Maharil that one should be careful when going to the graves of Tzadikim that your tefillos should not be directed towards those that are buried there, rather one should daven to Hashem and ask for compassion in the merit of these Tzadikim. Some say that you can ask the dead to be an advocate on your behalf.

The Bach (Y”D 217) rules that it is forbidden to daven to the dead because of the prohibition of being “doresh el hameisim.” He points out that even though we find that Calev did daven in Chevron by the Meoras Hamachpeila, he wasn't davening to the Avos. Rather, since a cemetery is a place of holiness and purity, the tefillos davened there will be more readily accepted.

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Angels, Aramaic and Language of Tefillah

Rav Yehudah said: One should not ask his needs in Aramaic, because Rabbi Yochanan said: If one asks his needs in Aramaic, the ministering angels do not assist him, for they do not understand Aramaic!?

The Gemora explains: Rav Yehudah was discussing a prayer of an individual (which requires the assistance of the angels), whereas the Mishna is discussing a congregation’s prayer (which may be recited in Aramaic, for they do not require the angel’s help).

The Gemora asks: Do the ministering angels not understand Aramaic? But we learned in the following braisa: Yochanan, the Kohen Gadol heard a heavenly voice issued from within the Holy of Holies announcing, “The young men (Kohanim) who went to wage war in Antioch (against the Greeks) have been victorious.” It also happened with Shimon the Righteous that he heard a heavenly voice issued from within the Holy of Holies announcing, “The army that the enemy had said that they would send out against the Sanctuary has been eradicated.” And Gaskalgus (a Greek king) was slain and his decrees annulled. They noted down the time (when this heavenly voice spoke) and it coincided with the exact time that these events occurred. Now it was in Aramaic that it spoke! [Evidently, the angels do understand Aramaic!?]

If you wish I can answer that it is different with a heavenly voice, since its purpose is to notify people (and this angel knows Aramaic), or if you wish, I can say that it was the angel Gavriel who spoke, for a Master has declared in a braisa: Gavriel came and taught Yosef the seventy languages.

*** Does the prohibition against requesting one’s needs in Aramaic only apply to Aramaic, or to all languages? (Meiri and Rosh Brochos 13a)

*** Do the angels know the thoughts of a person? (Tosfos Shabbos 12b; Maadanei Yom Tov on the Rosh in Brochos 2:6; Reb Yosef Engel in Gilyonei HaShas Shabbos 12bSfas Emes ibid)

*** Must a private individual pray in Hebrew? (Shulchan Aruch O”C, 101:4; Bartenura on our Mishna; Ri”f , Rabbeinu Yonah and Rosh Brochos 13a; Chachmas Shlomo O”C 101:4)

*** Do our tefillos require the assistance of the angels? (HaKoseiv in Ein Yaakov Shabbos 12b; Introduction to Siddur Otzer HaTefillos; Or HaChaim Shmos 3:9; Ra’avad in Tamim De’im 184)

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Two for One

Rabbi Shimon ben Yochai said (Daf Yomi: Nazir 60b): The shaving of a nazir, whether he is tahor or tamei cannot count for the shaving of a metzora. This, he explains, is because each of the shavings are different than the other (either because one is to remove hair and one is to grow hair, or because one is before the korbanos and one is afterwards, or because one is after immersion in a mikvah and the other is before immersion).

Shulchan Aruch rules that on Purim, one must cease from learning Torah in order to go and hear the Megillah.

The Beis Efraim asked the son of the Noda B’Yehuda as to why this would be considered bitul Torah. Isn’t the reading of the Megillah also considered learning?

The Chachmas Shlomo answers according to our Gemora, which states that one action cannot count for two different things. If he will be intending to fulfill the mitzvah of studying Torah, it cannot count for the mitzvah of reading the Megillah. And if he intends to discharge his obligation for reading the Megillah, it cannot count for learning Torah. This is why it is regarded as bitul Torah. (This, he says, is according to those that rule that one needs intent in order to discharge his obligation; it is impossible to have in mind for two mitzvos when he is only performing one action.)

This answer is perplexing in light of the halacha that one who recites kerias shema is also fulfilling his mitzvah of studying Torah! We see that one action can accomplish two things.

The Beis Efraim maintains that one who reads the Megillah or listens to it will not be fulfilling a mitzva of studying Torah. The Avnei Neizer (O”C 517) disagrees with him vehemently to such an extent that he writes: “I do not believe that those words came out of the mouth from such a righteous person as the Beis Efraim.”

Reb Chaim Voloziner talks at great length that there is a concept of neglecting to study Torah in depth and not only time. According to this, the Gemora can be explained to mean that even though reading the Megillah is considered learning, nonetheless it would be regarded as bitul Torah since he is not delving into the depths of Torah; if not for the special halacha that one is obligated to close the Gemora and hear the Megillah.

The Beis Efraim himself speculates that perhaps one cannot fulfill the mitzvah of learning Torah through the reading of the Megillah because it is part of Tefillah. This is based on the viewpoint of the Beis Yosef, who rules regarding one who had forgotten to recite birchas hatorah in the morning. The blessing of Ahava Rabbah can be utilized as a birchas hatorah, providing that he learns immediately after Shemoneh Esrei. The recital of kerias shema will not be sufficient because that is part of Tefillah. Perhaps, the same logic can be used for the reading of the Megillah.

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Post # 1,500!!! Reciting Korbanos in the Morning and the Reason for the Nazir's Chatas

Shulchan Aruch (O”C 1:5) rules that it is beneficial to recite every morning the portions in the Torah dealing with the korban olah, mincha, shelamim, chatas and asham.

The Magen Avraham asks: Shouldn’t the chatas be mentioned before the olah, since the chatas always takes precedence?

The Chidah offers the following answer: The Gemora in Menachos (110a) states that whoever recites the portion in the Torah discussing the korban chatas is recognized as if he offered a chatas on the Altar. This, he explains, is only applicable to the portions of the korban which are burned on the Altar; however, with respect to the portion that is given to the Kohanim, and that which they eat which provides atonement for the owner, the recital of the relevant verses does not help for this. Therefore, he says, that which our Gemora said that a chatas takes precedence over an olah, that is only with respect to the sacrifice; however, with respect to the recital of the korbanos, it is preferable to recite the olah portion prior to the portion dealing with the chatas. When one recites the verses of the chatas, he only receives credit for the portion that was to be brought on the Altar, but he does not receive credit for the portion of the korban which was to be eaten by the Kohanim; however, with the recital of the olah verses, it is regarded as if he offered the entire korban, for an olah is completely burned on the Altar. This is the reason that the olah is recited before the chatas.

The Nazir’s Chatas

The nazir brings three animals; a chatas, olah and a shelamim.

It is not explained why a nazir brings a korban chatas. The Ramban writes that it is for the following reason: A nazir separates himself to serve Hashem in a manner of extreme sanctity. It is only fitting, that after he has reached such a high level, he should strive to remain on that level for the remainder of his life. Since he concluded his nezirus and he reverted back to the desires of this world, he is required to offer a korban chatas to atone for this reversal.

The Meshech Chochmah writes that the accepting of nezirus upon oneself results in the forfeiture of many mitzvos, such as involving himself with the burial of his close relatives, reciting kiddush over wine and making havdalah. Although, a nazir accomplishes much in his abstainment and he is considered praiseworthy for this, he nevertheless is required to bring a korban chatas to atone for the mitzvos that he has lost.

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Thirty Day Extreme

The Mishna (Nazir 5a) states: An ordinary nezirus is for thirty days (if he doesn’t specify for how long he wishes to be a nazir, he is a nazir for thirty days; he also cannot specify for any time less than thirty days).

The Ram”a (Toras Ha’olah) explains the significance of the thirty days. The Gemora had stated: Whoever sees a sotah when she is being degraded should restrain himself from consuming wine. The nazir wishes to inspire himself that he should not be influenced by the sotah’s immoral behavior. For one to break a trait which is at one extreme, he should go to the opposite extreme. Eventually, after practicing this condition for some time, he will balance out to the correct measure. This is why the nazir abstains from drinking any wine.

We find that situations are established after thirty days. Halacha states that it takes thirty days for one to become accustomed to a change in davening. If one is uncertain if he inserted a certain prayer during Shemoneh Esrei, after thirty days of recital, we can assume that he said it. One is regarded as a resident of a city after he lives there for thirty days. So too, the Ram”a suggests, this can be applicable to a change in one’s character traits. Someone who wishes to be cured from his desires to act immorally should become a nazir for thirty days. Practicing this extreme for thirty days will enable him to reach the perfect balance in this area.

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Praying during a Famine

The Gemora records an incident (Kesuvos 106a):In the days of Rav Yosef there was a famine. The Rabbis asked Rav Yosef, “Will the master beseech God for mercy?” He replied, “If Elisha, with whom, when his students had departed, there still remained two thousand and two hundred students (who depended on him for their sustenance), did not offer up any prayers for mercy in a time of famine, should I (who have fewer students) offer prayers for mercy?

The commentators ask: Why didn’t Elisha and Rav Yosef pray for rain? Didn’t we learn in Meseches Taanis that there is a mandatory obligation for a series of fasts in the time of a famine?

The Maharsha answers: This was not actually a famine; there was a minimal amount of rain and the price of produce was extremely high. It therefore, was not regarded as a severe famine, and the series of fasts described in Taanis would not apply.

The Pnei Yehoshua answers: This was not the proper time for prayer since the Gemora states that it was a time of “Divine anger.”

The Chasam Sofer answers: The Gemora is referring to cases where the correct time for rain has already passed. It is not regarded as proper to pray for a miracle. We do not pray that Hashem should alter the normal course of nature.

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PRAYING FOR MATERIALISTIC ESSENTIALS

Yevamos 105b: Rabbi Chiya and Rabbi Shimon bar Rebbe were sitting together. One of them began the discussion with the following statement: One who prays should direct his eyes downward (towards Eretz Yisroel) as it is written [Melachim I, 9:3]: And My eyes and My heart shall be there all the days. (This verse indicates that the Shechinah is always in Eretz Yisroel even after the destruction of the Beis Hamikdosh.) The other one said: One who prays should direct his eyes upward (towards Heaven) as it is written [Eichah 3:41]: Let us lift our hearts with our hands to God in Heaven. Meanwhile, Rabbi Yishmael the son of Rabbi Yosi came before them and asked them: What subject are you in the midst of discussing? They responded: We are discussing prayer. Rabbi Yishmael the son of Rabbi Yosi said to them: My father, Rabbi Yosi said: One who prays should direct his eyes downward and his heart upward, in order to fulfill the two verses.

The Chidah explains: When a person is praying for materialistic essentials, such as health, sustenance and life, his intentions should not be for the sake of living in this world. Rather, he should pray to Hashem for his needs only because that through sustenance and health, he will be able to serve Hashem better. This is the explanation of our Gemora. One should direct his eyes downward to ask for all his earthly needs; however, his heart should be directed upward. He should realize that he is beseeching Hashem for life, health and sustenance only for the sake of Heaven.

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EYES DOWNWARD AND HEART UPWARD

Yevamos 105b: Rabbi Chiya and Rabbi Shimon bar Rebbe were sitting together. One of them began the discussion with the following statement: One who prays should direct his eyes downward (towards Eretz Yisroel) as it is written [Melachim I, 9:3]: And My eyes and My heart shall be there all the days. (This verse indicates that the Shechinah is always in Eretz Yisroel even after the destruction of the Beis Hamikdosh.) The other one said: One who prays should direct his eyes upward (towards Heaven) as it is written [Eichah 3:41]: Let us lift our hearts with our hands to God in Heaven. Meanwhile, Rabbi Yishmael the son of Rabbi Yosi came before them and asked them: What subject are you in the midst of discussing? They responded: We are discussing prayer. Rabbi Yishmael the son of Rabbi Yosi said to them: My father, Rabbi Yosi said: One who prays should direct his eyes downward and his heart upward, in order to fulfill the two verses.

The Shalah Hakodosh asks: There are seemingly two verses in Tehillim that contradict one another. One verse states that we should serve Hashem with fear. Another verse states that we should serve Hashem with happiness. How can this be reconciled?

He explains based upon our Gemora. One who prays should direct his eyes downward and his heart upward. “His eyes” is referring to the lowliness of man. A person is required to come to the realization during prayer that he is standing before the King of all kings. He should recount his transgressions, and thus be filled with fear and trepidation. This is what Dovid Hamelech meant when he said: Serve Hashem with fear. Afterwards, a person should pay attention and recognize in the Greatness of the Creator and in His ability, and that He is the cause for all matter. This would lead a person to serve Hashem with joy.

A person’s eyes should be directed downward during prayer, symbolizing fear, and his heart shout be directed upward, symbolizing happiness.

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FOOD FOR THOUGHT - Yevamos 77 - Daf Yomi

*** How could Boaz be trusted to rule that a Moabite is prohibited, but not a female Moabite? Didn’t we learn that a Torah scholar that teaches a new halacha at the time of the incident is not believed?

*** The Torah prohibits seeking peace with Ammon and Moav. Does this prohibition apply only to the males, or also to the females?

*** How was Yisra allowed to bring a sword into the Beis Medrash? The halacha is that one may not bring a sword into a Synagogue because one who prays will merit long life, and a sword shortens one’s life.

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