Bava Basra 145

Why the Kiddushin Money is Irretrievable

The Gemora cites a dispute whether kiddushin money is irretrievable or not (does a man, when giving money to betroth a woman, resolve in his mind that he is prepared to forfeit the money if this will not result in a nisuin). Rabbi Nassan holds that the kiddushin money is not irretrievable (and it must be returned), and Rabbi Yehudah HaNasi holds that the kiddushin money is irretrievable (and it does not need to be returned).

What is the explanation of the Tanna that holds that the kiddushin money is irretrievable?

The Ritva writes that the man gives the money to the woman on the condition that it should be returned to him if she would die before the nisuin. He adds that this stipulation is only with respect to the kiddushin money more than the value of a perutah, for if the entire kiddushin money was included in this condition (and everything must be returned), it would emerge that they were retroactively never married, and why would it be necessary to give a get (in a case where she retracted prior to the nisuin)! If she would commit adultery, why would she be put to death? It would be a case of a hasra’as safek -- “an uncertain warning,” for if the kiddushin does not result in a nisuin, it would emerge that the man never gave her any money, there was never any kiddushin!

The Rashba disagrees and proves from a Gemora later that all the kiddushin money is returned. And although all the money is returned, the kiddushin is nevertheless valid through the benefit that she received by being able to use the money until she would be required to return it.

HALACHOS FROM THE DAF

What should I Learn?

By: Reb Avraham Klein

The Gemora discusses different types of Torah scholars. There are those that excel in Mishna, some in Aggadah, others in Pilpul, some in Halachah, while there are yet others whose field of expertise is Gemora. They are all part of Torah, and each contributes its part to Torah learning. Although there is a mitzvah of Yedias Hatorah (to know as much Torah as possible), there are halachos in what is imperative to learn.

The Shulchan Aruch (Yoreh De'ah Siman 246 Seif 1) writes that every single Jew is obligated to learn Torah; it makes no difference if he’s rich or poor, healthy or ill, young or old, even if he’s preoccupied with earning a living and taking care of his family, everyone is obligated to set aside time to learn - by day and by night. If it is absolutely impossible for him to learn, either due to the fact that he has no idea how to learn anything, or he is simply extremely busy without even a moment to learn, then he should pay others to learn.

There is an opinion in halachah (ibid Seif 4) that when one is starting to learn Torah (i.e. in his younger years) he should split his learning time into thirds: the first third he should study Tanach, the second - Mishna, and the third - Gemora, and when he gets older, he should just learn Gemora while routinely reviewing Tanach and Mishna. However the Rema rules that Talmud Bavli is considered a mixture of all three, and therefore, if one focused all his energies in Gemora, he has fulfilled his obligation to study Tanach and Mishna as well. The Rema continues that “all one needs to learn is Tanach, Mishna, Gemora and the Halachos that are derived from them, and through this, he will acquire this world and the next.”

The Shach and Taz quote Drishah that notes that there are baalei batim (laymen - people who work and have less time to study Torah) who learn Gemora without halachah. He rules that they must also learn halachah. He bases his ruling from the famous Gemora which states: Whoever learns two halachos a day is guaranteed a portion in the World to Come. Rashi explains that to halachah means halachah lima’aseh (practical rulings; there are instances when the Gemora uses the word halachah, and it translates as Gemora). So although the Rema says that it is sufficient to learn Gemora, that is only for those who learn most of the day, but baalei batim that learn considerably less, must also learn halachah.

In regard to Kabbalah and other esoteric studies, the Shach rules that one should not start learning them before he is 40, since it requires a high level of holiness and purity. Pischei Tshuvah argues and cites Chavos Yair who recommends that one should altogether distance himself from learning these areas of Torah.

Mishna Berurah (Siman 290 Seif Katan 3) writes that it is written in the Zohar that a person should come up with a novel interpretation in Torah on Shabbos, and for those that can’t, they should learn an area of Torah that they never learned before.

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Women First

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It is written [Shmos 19:3]: Moshe ascended to Hashem, and He to him from the mountain, saying, “So shall you say to the house of Yaakov and tell the sons of Israel.” Rashi cites from Chazal: So shall you say to the house of Yaakov: These are the women. Say it to them in a gentle language. And tell the sons of Israel: These are the males.

The commentators ask: Why did Hashem speak to the women before He spoke to the men?

The Beis Halevi answers based upon our Gemora, which stated that if one purchased a field from a man and then purchased (the lien) from his wife (in order that she should not collect her kesuvah from this field), his purchase is void, for we may assume that she only consented to please her husband. Although she does not truly want to sell her rights, she agrees to sell it in order to please her husband. This is why it is the custom by acquisitions to acquire it from the wife and then her husband. This way, we can be certain that she truly intends to sell it.

Accordingly, this is what Hashem wanted at the time the Torah was given. He wanted to ensure that the women will reveal their intent that they are truly interested in accepting the Torah without any trace of coercion at all. That is why the women were asked before the men. This way, their answer was actually their own. They were not accepting the Torah based upon their husbands desires; it was purely their own decision.

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Every Step of the Way

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The Gemora records a story which demonstrates the greatness of Rabbi Chiya. The Gemora relates: When Rabbi Chanina and Rabbi Chiya were once in an argument, Rabbi Chanina said to Rabbi Chiya, “How can you dispute me? If, Heaven forbid, the Torah were forgotten in Israel, I would restore it by my deliberations.” Rabbi Chiya rejoined, “How can you dispute me, who I caused that the Torah should not be forgotten in Israel? What did I do? I planted flax from which I made nets to capture deer. The meat from those deer I would give to poor orphans and I would convert their skins into parchments upon which I would write the five books of the Chumash. I brought these to a community where there was no Torah study and I would teach each one of five children one of the five scrolls. I would also teach orally each one of six youngsters one of the six orders of the Mishna. I would tell each of these young pupils, ‘Teach the others what you have learned before I return to see if you succeeded.’ It was because of this that I said that I caused that the Torah should not be forgotten in Israel.”

The Maharsha explains why it was necessary for him to go to such great lengths: Rabbi Chiya was determined that every step of the way be done purely for Heaven’s sake, and no person should be deriving any profit. It was for this reason that he could not simply go to a store and buy parchment. Even the meat of the animal, whose skins he used for parchment, was donated to needy orphans. It was only on account of such meticulous attention to every detail of the process that he could be certain that Heaven would bless his efforts with success.

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Torah Teachers Cannot be Idle

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by: Rabbi Yechezkel Khayyat

The Gemora introduced the concept of workers who carry heavy bundles. Since they need to stay in shape for such strenuous work, when they are idle, it is a loss for them, and therefore an employer must pay them full wages even for idle time.

The Rosh (3), as well as other Rishonim, apply this to Torah teachers. If one hired a Torah teacher for his son, but the son fell ill, the employer must pay the Torah teacher his full wages. When a Torah teacher does not teach, this leads him to forget his knowledge, and not be as sharp as when he is teaching. Therefore, idleness is a loss for him, and he gets paid full wages.

The Ashri Notes questions this Rosh, and states that if the teacher is not employed to teach, this does not preclude him from still learning, to hone his knowledge and intellectual skills.

However, the Pilpula Charifta (10) explains that the work involved – and consequent sharpening of knowledge and skills – increases when one has a student, compared to one who learns on his own. If the employer can provide the teacher with a similar student, he must teach him, but if he does not, his own personal learning does not adequately replace the loss of not teaching.

The Tur (HM 334) rules like this Rosh. The Shulchan Aruch (HM 335:1) also follows this Rosh, but the Rama adds that if the court sees that this teacher is pleased by not having to teach, he is not paid his full wages.

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B'kiyus or b'Iyun?

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The Mishna states: Gold can acquire silver, but silver cannot acquire gold.

The Pappa Rav opened the winter zman with the following thought: The Torah is likened to gold and to silver. It is compared to gold, as it is written [Tehillim 19:11]: Torah is to be desired more than gold, even more than very fine gold. It is compared to silver, as it is written [Mishlei 2:4]: If you seek it like silver. It is also written [Tehillim 119:72]: The Torah of your mouth is better for me than thousands of gold and silver.

Now, one’s primary focus should be on learning in depth, using all his full capacity of his mind and thoughts. It is through this that a person will have the ability to negate evil thoughts that might enter his mind, for the nature of man is that he cannot concentrate on two different things at the same time. Accordingly, if one delves into the depths of the holy Torah, he will most certainly be protected from all which is evil This is when the Torah is likened to gold, for gold is untainted and pure.

However, it is impossible to consistently study on such a level, and one has an obligation to learn the entire breadth of the Torah. The Gemora in Shabbos (63a) teaches us that a man should study and subsequently understand (the understanding will come eventually). Studying Torah at a quicker pace is likened to silver, for although silver is also valuable, it is nevertheless less significant than gold.

This is what our Gemora meant when it stated that Rebbe in his youth taught that silver acquires gold, but when he was older, he taught that gold acquires silver. Initially he thought that one should diligently study at a swift pace in order that he should learn the entire Torah even if he will lack understanding. However, when he aged, he came to the realization that gold acquires silver, and one’s primary learning should be focused on the depths and understanding of Torah.

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Teaching Torah to an Idolater who Plans on Converting - Kiddushin 62

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The Rambam (Issurei Bi’ah 14:2) writes that we inform the prospective convert the essentials of the faith, which is the unity of God and the prohibition of idolatry, and they go on at great length about these matters.

The Machaneh Chaim (Y”D II, 45) asks: Why isn’t this forbidden on account of a gentile studying Torah? The Gemora in Sanhedrin (59a) states explicitly that a non-Jew who studies Torah is liable for death.

He answers by citing a Medrash Tanchuma in Parshas Vayelech: The numerical value of Torah is six hundred and eleven. The remaining two mitzvos which complete the six hundred and thirteen are the two mitzvos which were given by Hashem directly at Har Sinai. This is the explanation of the verse: The Torah that Moshe commanded us to observe. Moshe instructed us regarding six hundred and eleven mitzvos; the other two were from Hashem.

The prohibition against teaching an idolater Torah is only applicable to the six hundred and eleven mitzvos that Moshe taught us. The other two, I am Hashem your God and the Unity of God; one would be permitted to teach to them. This is where the Rambam derived his ruling from; we can go on with great length discussing the unity of God and the prohibition of idolatry.

The Maharsha (Shabbos 31a) writes that it is permitted to teach Torah to an idolater who wishes to convert. He proves this from the incident with Hillel and the convert.

Reb Akiva Eiger (41) disagrees and maintains that it is forbidden to teach Torah to an idolater even if he is planning on converting. Hillel taught the convert Torah only after he converted.

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"Es" Includes the Torah Scholars

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The Gemora (Kiddushin 57a) notes that some opinions do not expound the word “es.” This would be in accordance with the following braisa: Shimon Ha’amsoni, and others say that it was Nechemia Ha’amsoni, would expound on every word es that was written in the Torah. (This means that he would teach what the word es was coming to include.) When he reached the verse that states you shall revere es Hashem your G-d, he stopped expounding on the word es. Shimon Ha’amsoni felt that it is impossible to equate the reverence of Hashem to anything else, so he retracted from all of his previous interpretations of the word es. When questioned by his students what would happen to all the words es that he had expounded upon previously, Shimon Ha’amsoni replied, “Just as I received reward for expounding on those words, I will receive reward for retracting my interpretations. Rabbi Akiva arrived later and expounded the verse to mean you shall revere es Hashem your G-d, to include Torah scholars. Just like one is obligated to revere Hashem, so too, one must revere Torah scholars.

The Pardes Yosef (Vayechi) explains Rabbi Akiva by citing the Gemora in Nedarim, which states: Rav Yehudah said in the name of Rav: What does the verse mean when it says: Who is the man who is wise and can understand this? This (the reason for the destruction of the Second Temple) was asked to scholars and prophets and they could not explain it, until Hashem explained it Himself, as it says: And Hashem said that it is because they left my Torah. Isn’t the phrase “and they did not listen to My voice” the same as the phrase “and they did not go in its ways”? Rav Yehudah explains in the name of Rav: This means that they did not recite a blessing before learning Torah.

Rabbi Akiva was saying: The word es is including the Torah scholars. The Holy One, Blessed be He said: it is because they left “es” my Torah. They left that which was included from the word es, for they were not honoring the Torah scholars.

However, it can be asked that the Torah scholars should have been mochel the respect that they deserved!? We have learned that if a Torah scholar is mochel on the honor due to him, it is valid!

This is why Hashem continued with the verse, it is because they left my Torah. Hashem is saying: The Torah is Mine and the Torah scholar cannot be mochel. Why is the Torah Mine? It is because Klal Yisroel did not recite the blessing before learning Torah. The Gemora Brochos asks: It is written: The entire world belongs to Hashem. But it is also written: And the land was given to the people!? The Gemora answers: It depends if they recite a blessing first or not. Since they didn’t recite the blessing before learning Torah, it is regarded as Hashem’s Torah, and the Torah scholars could not be mochel on the obligation to honor the Torah.

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Craftsmen Standing for Torah Scholars

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Rabbi Yochanan states (Kiddushin 33a) : They stood before those bringing the bikkurim, but not before Torah scholars.

Rabbi Yosi bar Avin explains: Come and see how precious a mitzvah is in its proper time, for the craftsmen would rise before those bringing the bikkurim, but not before Torah scholars.

The Gemora asks: Perhaps they would only rise before those bringing bikkurim (but not for an ordinary mitzvah) because if not, they will not bring the bikkurim in the future (for they will think that the people living in Yerushalayim have no respect for them).

The Pnei Yehoshua writes that although it is obvious that the studying of Torah is greater than the performance of mitzvos, and even a mitzvah which has a set time, nevertheless, here, those that are performing a mitzvah are greater than Torah scholars. This is because it is quite possible that the Torah scholar is not engrossed in learning as he is walking.

The Chasam Sofer asks: And is a Torah scholar not occupied in performing mitzvos as he is walking? The Gemora Brochos states that a Torah scholar does not walk even four amos without thinking in Torah!? Why shouldn’t they stand before him?

He answers that according to halachah, thinking in learning is not equivalent to studying out loud, and therefore it is not in the same category as one who is performing a mitzvah while he is walking.

The Noda BeYehudah answers that a mitzvah which does not apply every day is more significant than the mitzvah of studying Torah, which applies every day.

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The Law of the Government

The Gemora (Daf Yomi: Gittin Daf 10b) notes: The Mishna did not make any distinction between a document of sale and one of a gift. It is understandable that a document of sale can be valid even if idolaters are signed on it, for when the buyer gave the money before the judges is actually the time that he acquired the land; the document is only a proof to the sale. If the buyer had not given money in front of the judges, they would not have discredited their reputation by writing the document for him. But with respect of a gift, with what did he acquire the property? It is only through this document! But this document is equivalent to a shard! [Why does the Mishna rule that even in this case, the document is valid?]

Shmuel answers: The law of the government is the law (even according to our law).

The Gemora in Shabbos (88a) teaches that when Bnei Yisroel stood at Mount Sinai and heard the word of Hashem, He held the mountain over our heads. Hashem declared, “If you’ll accept the Torah, all will be well. If not, this will be your burial place!” Rav Acha bar Yaakov said: This can now be used as an excuse for Klal Yisroel when they do not perform the mitzvos. For when they are summoned for judgment, they can claim that they were coerced into accepting the Torah; it was not done willingly.

The Perashas Derachim asks from our Gemora which states that the law of the kingdom is the law. If so, this should certainly apply by The Holy One blessed is He, Who is the King of all Kings. How could Klal Yisroel use the coercion as an excuse? The law of the kingdom is the law, and they took an oath obligating themselves to perform His mitzvos!

He answers that Rabbeinu Tam holds that the principle of the law of the kingdom is the law is only applicable if the king decrees on all his subjects. However, if the decree is issued only on part of his kingdom, this principle does not apply. Since Hashem is the King over all the nations of the world and He only forced Bnei Yisroel to accept His mitzvos, this principle would not apply and hence, a claim of coercion can be effective.

It emerges that regarding the seven mitzvos that were given to all Bnei Noach, the principle of the law of the kingdom is the law would apply, and a claim of coercion would not be valid.

According to this, the Ketzos HaChoshen explains the argument between Pharaoh and the midwives. Pharaoh asked them, “Why didn’t you listen to my commandment? The law of the kingdom is the law and since I the king decreed that all the Jewish children should be killed, you are obligated to listen to me!” They responded to him, “Your decree is not a universal one; it was only issued regarding the Jewish children and not to any others. Accordingly, the principle does not apply and we are not obligated to adhere to the laws of the kingdom. Thereupon, Pharaoh immediately decreed that all children born must be thrown into the sea.

Reb Shlomo Kluger uses this principle to explain Adam HaRishon’s response to Hashem. He answered, “The woman which you gave to me gave me from the tree and I ate.” What kind of answer was this? Adam HaRishon was saying that since his was wife was here as well and she was not commanded not to eat from the tree. Therefore, the law of the kingdom does not apply and that is why he ate.

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Learning while Standing

The Mishna (Daf Yomi: Sotah 49a) had stated: When Rabban Gamliel the Elder died, the glory of the Torah terminated and purity and abstinence perished.

Rashi cites the Gemora in Megillah ((21a) which states that from the days of Moshe until Rabban Gamliel, they would study Torah standing. Afterwards, people became weaker and they would study torah while sitting; they didn’t have the strength to stand.

The Gemora in Brochos (28a) says that when Rabban Gamliel was the Rosh Yeshiva, his policy was that any student who was not "tocho c'baro," his inside was not like his outside, would not be allowed to enter the Beis Medrash. Not everyone who applied was automatically accepted into his Yeshiva. Rabban Gamliel only accepted students who were honest and sincere, through and through, without any hints of fakery or hypocrisy.

The Gemora relates that there was a subsequent change in the leadership and Rabbi Elozar ben Azariah was appointed the new Rosh Yeshiva. He implemented a new policy: Everyone was invited into the Beis Medrash even someone who was not "tocho c'baro." As a result, the Gemora records: Many benches were added to the Beis Medrash.

Two questions can be asked. Firstly, how were they able to ascertain who was a “tocho c’baro” and who wasn’t; only Hashem is capable of peering into someone’s heart? Secondly, why does the Gemora state that many benches were added; we are not interested in the amount of chairs there were; it should have said that there were many more students learning on the account of the new policy?

Rav Nosson Gishtetner answers based on our Gemora: In the days of Rabban Gamliel, the sincere students would be learning standing; that was a symbol that he was learning Torah for the sake of the mitzvah and not for any ulterior motive. When the new policy was enacted, more benches were added because the generation was weaker and they did not have the ability to stand while they were learning.

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Prophecy Compared to Torah

Rabbi Il’a bar Yeverechyah said (Daf Yomi: Sotah 49a) : If there are two Torah scholars traveling on the road and they are not discussing Torah, they deserve to be burned, as it states: And as they (Eliyahu and Elisha) walked, walking and speaking, that behold, a chariot of fire appeared etc. The reason why the chariot of fire passed between them and did not burn them was because there was a discussion of Torah between them; if there had not been such a discussion, they would have deserved to be burned.

The Gemora in Taanis (10b) cites a Scriptural verse where Yosef instructed his brothers not to discuss Torah on their way back from Egypt since they might become distracted and lose their way. The Gemora questions this from our Gemora. The Gemora answers that one should review his learning on the road since it will not require much attention; however he should not delve into Torah study since that will distract him.

Tosfos cites a Medrash that the reason the fire appeared and they deserved to be burned was because they were discussing worthless words at the time.

The Brisker Rav asks that the Metzudos explains the conversation that Elisha was having with Eliyahu at that time. Elisha asked Eliyahu that the spirit of prophecy should rest on him with a higher level than that of Eliyahu. Eliyahu answered him that under certain conditions, that will occur. It emerges that at the time that the fire appeared they were discussing matters that should be regarded as holy and not futile words. They were discussing how the Heavenly presence will rest on Elisha. For this, they deserved to be burned?

The Brisker Rav answers that that this discussion pales in comparison to a discussion regarding Torah. When traveling on the road, one must make sure that there is Torah discourse being discussed and not other matters even if those matters are dealing with the Shechina and Prophecy.

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Shema is Torah

The Gemora (Daf Yomi: Sotah 33a) asks: Shall we say that Rebbe holds that the Torah (the Torah reading on Shabbos according to Rashi, or on special Biblically mandated occasions according to Tosfos) may be read in any other language, for if it would enter your mind that it must be recited in the Holy Tongue, why would it be necessary for the Torah to write And they shall be to teach us that shema must be recited in Hebrew?

The Gemora states that this is not necessarily the case. It is necessary to teach that the shema must be recited in Hebrew, for since it says Shema, we might have thought that it could be recited in any language (even though the Torah must be read in Hebrew).

The commentators ask: What is the connection between the reading of the Torah and the mitzvah of kerias shema? Perhaps the Torah must be recited in Hebrew, and yet kerias shema can be recited in any language.

The Keren Orah answers that it is evident from our Gemora that the mitzva of reciting kerias shema every day is actually a mitzvah of “Talmud Torah.” The obligation is to recite portions of the Torah twice daily. Obviously there is a mitzvah of accepting the yoke of Heaven by reciting these portions, but the commandment of the Torah is to learn these portions once in the morning and once at night.

This is why the Gemora states that if one merely recited kerias shema in the morning and evening, he has discharged his obligation of studying Torah day and night.

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WHERE TO STOP AND START

The Mishna (Daf Yomi: Sotah 32a) lists statements that must be made in Hebrew. One of them is the bikkurim (the first ripe fruits which had to be brought to the Beis Hamikdosh in Yerushalayim) recitation. When he brings the fruits to the Beis Hamikdosh to be given to the Kohanim, he recites several verses from Devarim. Rashi writes that he says the verse beginning with Arami oved avi, An Aramean tried to destroy my father [Devarim 26:5], and he continues until the end of the passage.

In truth, however, he does not complete the entire passage. As a matter of fact, he stops in middle of verse 10, when he says asher nasatah li Hashem, that You have given me, Hashem. The Rambam in Hilchos Bikurim states this explicitly.

The commentators ask that the last words of this recital conclude in middle of a verse and this is against the dictum of stopping in a place that Moshe did not stop. The Gemora Brochos (12b) rules that any place in the Torah that Moshe Rabbeinu did not pause; we are forbidden to pause as well. How could they institute to stop the recital in middle of a verse?

Reb Yaakov Kaminetzky in his sefer Emes L’Yaakov in Parshas Ki Savo answers that this ruling does not apply by mitzvos, such as bikkurim. It is only a concern when verses are being recited because of Torah.

There are other examples where this principle may be applicable. The Gemora in Rosh Hashanah (31a) discusses the hymns that were recited by the Levites in the Beis Hamikdosh on Shabbos. The Gemora concludes that they would divide Parshas Haazinu into six segments, and one segment was recited each week by the korban mussaf.

The Turei Even asks from the aforementioned Gemora in Brochos. How were the Leviim permitted to stop in places that Moshe did not stop? He answers that since they intended to complete it the next week, it is not regarded as interrupting the portion (even though there will be different Leviim the next week). According to Reb Yaakov, we can suggest that the hymns of the Leviim were not being sung as Torah; but rather, as a part of the mitzvah of the bringing of korbanos. They therefore were permitted to stop and start in the Torah, even in the middle of a passage.

Magan Avrohom (O”C 282) asks this question as well, inquiring into different verses from the Torah that we recite during tefillah which are incomplete. He also answers that we only apply the principle that one cannot interrupt in middle of a verse when one is engaged in Torah study or reading from the Torah. If, however, one is reciting verses for the purpose of prayer or mitzvah observance, there is no prohibition of interrupting in middle of a verse.

Rav Nosson Grossman states that perhaps through this principle, we can answer the Turei Even’s question. The Leviim are not reciting these pesukim as Torah, rather they are being said on account of shirah, song, and therefore it will not be subject to the prohibition of stopping in an incorrect place. However, it would seem evident that the Magen Avrohom will not concur with this, since he states that principle, and nevertheless, does not apply it to the Leviim’s shirah.

It would seem that many other Acharonim do not agree with this qualification of that rule. The tefillah which is recited when the Sefer Torah is raised in shul is a combination of two different verses. There are those who stop after saying, “lifnei B’nei Yisroel,” for the next part (al pi Hashem b’yad Moshe) is not a complete verse. This reason is brought in the name of Reb Chaim Volozhiner. Once again, according to the qualification mentioned above, we could have explained that there is no concern during tefillah; it is only when we are reciting Torah for the sake of Torah where the dictum applies.

The Chasam Sofer in his Teshuvos (O”C 10) discusses why during kiddush, do we begin with the verse, Va’yehi erev va’yehi boker,” when that is the middle of a verse in the Torah. He explains that the first part of the verse has a reference to “death,” and we did not want that alluded to during kiddush. It is evident that the Chasam Sofer as well did not concur with this qualification.

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One Sixty-fourth

Rav Chiya bar Ashi said in the name of Rav (Daf Yomi: Sotah 5a): A Torah scholar should have one eighth of an eighth of haughtiness (so that lighthearted people should not play with him and that they will accept his rulings).

The Sheiris Hapeleitah explains this precise measurement as follows: The Gemora in Bava Basra (73b) states that Mount Tabor was four parasangs (parsa’os) high. A parsah is four mil. A mil consists of two thousand amos. Accordingly, a parsah is eight thousand amos. It emerges that Mount Tabor is thirty-two thousand amos high. Chazal tell us that Mount Sinai was five hunred amos tall, which is precisely one sixty-fourth of Mount Tabor.

The following question may be asked: If the Holy One, Blessed be He did not wish to give the Torah on Mount Tabor, for it was haughty, why did He give the Torah on a mountain at all? The Torah could have been given on a flatland, where there would be no concern for haughtiness whatsoever! It was given on Mount Sinai, a mountain which its height was one sixty-fourth of Mount Tabor to teach us that a Torah scholar should possess this small measure of haughtiness.

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Ben Azzai

Rav Yitzchak bar Yosef said in the name of Rabbi Yochanan (Daf Yomi: Sotah 4b): All of these Tannaim figured out the length of a seclusion based upon their own experience (how long it took each of them to perform the initial act of cohabitation with their own wife).

The Gemora asks: But Ben Azzai never got married (based upon the Gemora in Yevamos 63b, where Ben Azzai explained why he did not marry: “What should I do? My soul desires the Torah. The world can survive through other people.”)?

The Gemora answers: You could say that he got married and later divorced.

Alternatively, you can say that he heard this opinion from his teacher.

And if you prefer, you can say that “The secrets of Hashem are revealed to those that fear him.”

Rabbeinu Avraham min Ha’har explains that due to Ben Azzai’s tremendous desire to study Torah, he did not experience any unclean thoughts, and was therefore not obligated to get married.

Reb Elchanan Wasserman states that Ben Azzai was exempt from the mitzvah of marrying, for he was unable to cease studying Torah even for one moment.

Reb Yosef Engel writes that Ben Azzai discharged his obligation of procreation through his new insights in Torah. This is based upon the Gemora in Brochos (47b), which states that two torah scholars studying together can be regarded as three with respect to the laws of Birchas Hamazon (they could make a mezumen, even though the halacha is that three people are needed). The Rosh explains that the Torah that they are studying is regarded as the third person.

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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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Blessing on the Torah

The Land Became Lost

Rav Yehuda said in the name of Rav (Nedarim 81a): What does the verse mean when it says: Who is the man who is wise and can understand this? This (the reason for the destruction of the Second Temple) was asked to scholars and prophets and they could not explain it, until Hashem explained it Himself, as it says: And Hashem said that it is because they left my Torah. Isn’t the phrase “and they did not listen to My voice” the same as the phrase “and they did not go in its ways”? Rav Yehudah explains in the name of Rav: This means that they did not recite a blessing before learning Torah.

The Chanukas HaTorah explains: The Gemora in Brochos (48b) asks: From where do we derive that one should recite a blessing prior to studying Torah? Rabbi Yishmael says: It is derived by means of a kal vachomer. If a blessing is recited before partaking in “sustenance for the moment” (food), it certainly follows that a blessing should be recited on “eternal sustenance”! The Gemora (Brochos 38a) also states: Prior to reciting a blessing, the land belongs to Hashem; after the blessing is recited, the land is given over to man.

Accordingly, it can be said that if they refrained from reciting a blessing before studying Torah, it is clearly evident that they did not recite a blessing before eating as well. For if they would have made a blessing before the consumption of food, they certainly would have made a blessing before studying Torah (based upon the kal vachomer). Since they didn’t recite a blessing on their food, the land became lost, for prior to a blessing, the land belongs to Hashem.

They didn’t Recite the Blessing on the Torah “First”

Rav Yehuda said in the name of Rav: What does the verse mean when it says: Who is the man who is wise and can understand this? This (the reason for the destruction of the Second Temple) was asked to scholars and prophets and they could not explain it, until Hashem explained it Himself, as it says: And Hashem said that it is because they left my Torah. Isn’t the phrase “and they did not listen to My voice” the same as the phrase “and they did not go in its ways”? Rav Yehudah explains in the name of Rav: This means that they did not recite a blessing before learning Torah.

The language of the Gemora is that they didn’t recite a blessing on the Torah “techilah.” What is that word coming to exclude? We do not recite any blessings after we conclude learning Torah! (The Levush says that the two blessings that we recite before studying Torah are actually “one before” and “one after,” except that we never finish studying Torah, so the Rabbis instituted that both blessings should be recited beforehand.)

The Orach Yesharim explains: When a person receives a present, he values both the gift and the giver. Even if the gift is a small one, he will value it, if it was given to him by a prominent person. Similarly, he will appreciate something given to him by an ordinary person, if the item is a valuable one.

The Torah is praised with noth elements. It is written: Ki lekech tov nasati lachem, the Torah itself is valuable, and that it is being gifted to Klal Yisroel from Hashem.

This could be the explanation as to why we recite two blessings before studying Torah. The first brocha is asher bachar banu, Hashem chose us; Torah is special because Hashem has given it to us. The second bracha is v’chayei olam nata b’socheinu, Torah is precious because of its inherent value.

This is the meaning of our Gemora: They appreciated the value of Torah, and therefore, they recited the second blessing. However, they were not fully appreciative of the Giver of the Torah, and they therefore refrained from reciting the first blessing on the Torah. This is why the Torah did not continue to flourish with their children.

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Those that Study and those that Support Torah

Rav Yosef said to him (Nedarim 55a), “Do not sit down until have explained the following verse [Bamidbar 21: 18 – 19]: And from the wilderness to Mattanah; and from Mattanah to Nachaliel; and from Nachaliel to Bamos?” Rava replied, “When one makes himself as the wilderness, which is open to everyone (willing to teach them Torah), the Torah is given to him as a gift, as it says: And from the wilderness to Mattanah (a gift). And once it is given to him as a gift, Hashem makes it his inheritance, as it says: and from Mattanah to Nachaliel (inheritance from Hashem). And after Hashem gives it to him as an inheritance, he ascends to greatness, as it says: and from Nachaliel to Bamos (to heights). And if he becomes haughty, Hashem will lower him down, as it says: And from Bamos to the valley. And furthermore, Hashem sinks him into the ground, as it says: overlooking the surface of the wilderness. However, if he repents, Hashem will raise him up once again, as it says: every valley shall be raised.

The verse prior to these verses states: A well dug by princes, carved out by nobles of the people, through the lawgiver with their staffs, and from the desert to Mattanah. The Vilna Gaon says that this verse must be explained according to our Gemora as well.

He explains: The well is referring to the wellsprings of Torah. The princes are those that delving into the depths of Torah. The nobles are those people who are engaged in business activities and support those who are studying Torah. The verse concludes that both those that study Torah and those that support others who are studying have a portion in Torah.

The Chozeh mi’Lublin adds: Since the verse concludes with the words: and from the Desert to Mattanah, and we derived from there one is obligated to make himself similar to the wilderness; opened to teach Torah to all, this must be true for the supporters as well. One who is supporting Torah must view his support as if the Torah scholar is receiving it from the wilderness, and not directly from him. He should not expect a return on his investment in this world; the reward for supporting Torah is given out in the World to Come; the same time that those who study Torah receive their reward.

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Compensation for Teaching Torah

Rabbi Yochanan said (Nedarim 37a): While it’s true that one cannot take money for teaching Scripture, he may take money for teaching them the proper cantillation of the verses.

One is obligated to teach others the laws and statutes of the Torah without demanding payment. The Chasam Sofer rules: Nowadays that the entire Gemora and the poskim are written down, one is not obligated to teach them inside for free; rather, he is required to teach orally the halachos and the rationale behind them. If, however, one teaches the students the Gemora inside, he may demand payment. The reason that the Gemora makes a distinction between Scripture and Midrash is because the Scripture was already written down. (Although Rebbe arranged the Mishna, it was not written down until much later.) Therefore, if one teaches student the correct method to read the Gemora, he may demand payment.

The Ran cites a Yerushalmi which rules that although a person may not receive compensation for teaching Torah, he may demand payment for the loss of income that he suffers by the fact that he does not pursue other means of support. This is true as long as he devotes himself completely to teaching.

Other Rishonim rule that if a teacher has no other means of support, he may receive compensation for teaching Torah.

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What was Moshe's sin? Enthusiasm for Mitzvos

Rabbi Yehoshua ben Korchah says (Nedarim 31b) : Great is circumcision, concerning which even Moshe the righteous was not spared for an hour.

The Ran comments: As soon as Moshe was lax, the angel wanted to kill him.

The Maharsha asks: Just because Moshe negated the mitzvah of circumcising his son on the eight day, is that a justification for him to be liable for death?

He answers: It is either because Hashem judges the righteous strictly or it is because a “ben Noach” is liable for death when he commits any type of transgression, and since it was prior to the Giving of the Torah, Moshe was being judged as a “ben Noach.”

Reb Meir Bergman asks: According to this explanation, how could the Mishna bring a proof from here that circumcision is great; perhaps it is different because of the special circumstances?

The Gemora states further: Rabbi Yehoshua ben Korchah said: Great is circumcision, for all the meritorious deeds performed by Moshe our teacher did not protect him when he tarried in fulfilling the commandment of circumcision (regarding his son Eliezer), as it is written [Shmos 4:24]: And Hashem met him, and sought to kill him. Rabbi Yosi said: Heaven forbid that Moshe delayed circumcising his son, but rather, this is what Moshe said, “If I circumcise my son and immediately leave Midian to return to Pharaoh, I will endanger his life. I cannot circumcise him and wait three days, for the Holy One, blessed be He, has commanded me to go and return to Egypt! Why then was Moshe punished? It was because he occupied himself with arranging a place of lodging first prior to circumcising his son.

The Mefaresh explains: Since he was close to Egypt, he should have performed the circumcision when he stopped for lodging, for the small journey that remained would not have posed a danger to the child. He concludes that the child was only eight days old on that day.

Accordingly, the question is strengthened: Why would Moshe deserve such a strict punishment if he anyway performed the circumcision on the eight day? He was only guilty of not fulfilling the concept of zerizin makdimin l’mitzvos – a mitzvah should be fulfilled at the first moment possible. Why should he deserve to die?

Perhaps we may suggest the following answer (Rabbi Bergman answers in a very similar manner): The primary purpose of Moshe Rabbeinu’s life was to take the Jews out of Egypt and to give them the Torah. It is written regarding the birth of Moshe [Shmos 2:2]: The woman conceived and bore a son, and [when] she saw him that he was good, she hid him for three months. The Gemora in Sotah (12a) states that when he was born, the entire house was filled with light. This can be in reference to the light of Torah.

The Gemora in Megillah (16b) expounds on the verse that states [Esther 8:16]: Layehudim haysa orah visimcha visasson vikar. The Jews had light, gladness, joy and honor. Light is referring to Torah; Gladness is referring to the festivals; Joy is referring to circumcision; Glory is referring to tefillin.

The question is asked: If the Megillah wished to say that the Jews were saved because they fulfilled the Torah, festivals, milah and tefillin, why didn’t the Megillah write that explicitly? Why was it mentioned only in code form?

Rabbi Eliezer Ginzburg in his sefer, The King’s Treasures states the following: It is well known that evil decrees instituted against the Jewish people are always in correspondence with their sins. Each transgression draws a particular type of negative force in its wake. Hence, in order to determine what sin the Jewish people are being held accountable for at any given time, one need only consider the dominant characteristic of the nation threatening them, for their enemies are nothing more than a reflection of their transgressions.

Amalek was able to strike the Jewish people when their enthusiasm for Torah observance waned. The Mechilta says in reference to the verse [Shmos 17:8]: Amalek came and battled Israel in Rephidim. Amalek came because Israel loosened their grip on the Torah. This is why Rabbi Elozar introduced his lecture on the scriptural portion of the Book of Esther with the following verse: Through laziness the ceiling collapses, and through idleness of the hands the house leaks – because of the laziness of the Jews, who did not engage in Torah study, the enemies were capable of attacking.

Perhaps, Rabbi Ginzburg continues, this is what the Megillah is teaching us by saying that “the Jews had light,” and not simply saying that “the Jews had Torah.” The Jews were not guilty of completely neglecting Torah study, or for that matter, any other mitzvah. Their shortcoming was their lack of enthusiasm for mitzvos. It was the inner light of the mitzvah which they lacked, the spark of excitement and fervor for doing Hashem’s will. The miracles which Hashem performed for Israel stoked the smoldering embers within each Jew and evoked a new fervor for the performance of mitzvos, reawakening the “light” of Torah study, the “gladness” of the Yom Tov holidays, the “joy” of circumcision and the “glory” of tefillin.

Using this principle, perhaps we can suggest why the angel wished to kill Moshe for procrastinating in the fulfillment of a mitzvah. It was not that he was deserving to die for this relatively minor transgression. Rather, when Moshe displayed a slight lack of enthusiasm for the mitzvos, he could not be the one to deliver the Torah to the Jewish people, and this was the purpose of his life. Thereupon, Tziporah immediately went and took a sharp stone and performed the circumcision of her son. Rabbi Bergman concludes that Moshe repented for this and merited to accept the Torah from Hashem and to deliver it to the Jewish people.

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