Sunday, October 22, 2006

Daf Yomi - Sukkah 50 - Snake Venom

The Gemora rules that water which has been exposed cannot be used for the mizbeach. We are concerned that a snake drank from it and left it's venom there. Something that a Yisroel will not drink cannot be used for the mizbeach.

The Gemora states that even according to Rabbi Nechemia who generally rules that if one used a strainer on the water it would be permitted, nevertheless pertaining to water which will be poured on the mizbeach, our standards are stricter and hence the water would be unfit to be used. The Gemora cites a verse in Malachai indicating that we are more concerned when we are offering something as a korban to Hashem.

The Ritva quotes from the Gaonim that this Gemora is a proof that the oil which is used in a Bais Hakneses should be oil that would be proper to use in front of king. Shulchan Aruch rules that if a mouse or weasel is found in the oil, if it seems disgusting, the oil should not be used. The Magen Avrohom writes that this is even if it would be permitted for a commoner to eat, nevertheless for the Bais Hakneses it would be prohibited. The Rashba in Toras Habayis disagrees and maintains that if it would be permitted to eat, it can be used in the Bais Hakneses.

It is noteworthy that Shulchan Aruch (272:1) rules that even though snake venom is not common nowadays thereby permitting one to drink uncovered wine, nevertheless one should not recite kiddush on Shabbos using such wine.

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Daf Yomi - Sukkah 50 - Was the Kiyor Covered?

Rabbi Dovid Meyers is the world's authority on the precise appearance of all the utensils that were used in the Mishkan. He told me that all the pictures of the kiyor have it with a cover, but he searched and could not locate a proof for this. Rav Getzel Fried cited a proof to him. The Gemora rules that if the water of the kiyor was revealed, it was left over night uncovered, the water cannot be used. The reason is because we are concerned that a snake drank from the water and left some of it's venom in there. Something that a Yisroel cannot dring is unfit to be used on the mizbeach. It is evident from this Gemora that the kiyor normally had a cover. It is still not known what it's dimensions were, but it certainly was covered.

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Daf Yomi - Sukkah 49 - Highlights

1. The Sadducees did not agree with the mitzvah of nissuch hamayim, the water libations, because it is not stated explicitly in the Torah. The Mishna relates that a Sadducee once poured the libation water on his feet instead of pouring the water into the designated bowl and the people stoned him with their esrogim. Rashi learns that they also pelted him with stones and as a result the mizbeiach became chipped. They patched the mizbeiach with a fistful of salt and although the mizbeiach was still unfit for the avodah, they did this to conceal the damage that had been wrought. (48b4)
2. The mizbeiach is required to have the ramp, the four horns on top of the mizbeiach, a base and it must be shaped in a square in order to be valid. Rabbi Yose maintains that in order to be valid, it must also have the sovev, which was a ledge on top of the second section of the mizbeiach which was thirty by thirty amos with a height of five amos. The ledge was extended one amah from each side and the kohanim would walk on the ledge to perform specific avodos. (49a1)
3. Beneath the mizbeiach was a deep opening corresponding to the location where the libations were poured. The Kohen would pour the libation into the bowl, and the libation would then flow from the spout of the bowl onto the mizbeiach and then the libation would flow into a hole in the mizbeiach that led to the deep opening known as the shisin. The shisin existed since the six days of creation. (49a1)
4. Rabbi Eliezer maintains that there was a small gap between the ramp and the mizbeiach near the western side of the ramp and once in seventy years the Kohanim youth would go down there and gather up the congealed wine from the libations, and the congealed wine was akin to pressed figs. They would then burn the wine in a holy location in the Courtyard of the Bais HaMikdash. (49a2-49a3)
5. When they poured the wine on the mizbeiach, they would plug up the hole on top of the mizbeiach which led to the shisin. They did this so the wine would gather on top and it would appear like a throat that is full with wine. This practice is derived from the verse that states and its libation is…. to be poured on the holy [mizbeiach] an intoxicating (sheichar) libation for HaShem. The word sheichar denotes intoxication, and the plugged up hole gave the appearance of a throat full with wine. (49b1-49b2)
6. The Gemara cites a verse in Shir HaShirim that states mah yafu peomayich baneolim bas nadiv, how lovely are your steps in sandals, O daughter of the noble? The Gemara explains that this verse refers to the lovely steps of the Jewish People when they ascended to Jerusalem for the festival. The words bas nadiv refer to Avrohom Avinu who is referred to as the nadiv, the noble one. (49b2)
7. Scripture likens the words of the Torah to the thigh, as just as the thigh is a private area, so too one should study Torah discreetly. Thus, one should not study at the high point of the city and one should not teach his students in the marketplace. (49b2)
8. The Gemara learns a kal vachomer. Funerals and weddings are normally public affairs, yet the Torah exhorts us to perform them discretely, then certainly regarding private matters, such as giving charity to the poor, one should act discreetly. (49b3)
9. The Gemara expounds on the merits of giving charity, as one who gives charity is greater that one who offers sacrifices. Yet, one who performs kindness is greater than one who gives charity. Charity is only regarded according to the kindness that one exhibits when giving the charity. (49b3)
10. One who performs kindness is greater than one who gives charity because charity is done with money whereas kindness can be performed with ones person and with ones money. Furthermore, charity is only received by the poor whereas one can exhibit kindness to both the poor and the rich. Lastly, only the living can be recipients of charity, whereas both the living and the dead can be recipients of kindness. (49b3-49b4)
11. One who performs charity properly is deemed to have filled the entire world with kindness. However, one must exert himself to attain this level of giving charity. Yet, those who fear HaShem can reach this level easier than others. One who finds favor in the eyes of man is known to be a G-d-fearing person. (49b4)
12. Torah that is studied lishmah, for its own sake, is referred to as Torah of kindness, whereas Torah that is not studied for its own sake is not referred to as Torah of kindness. Alternatively, Torah that one studies with the intent of teaching others is deemed to be Torah of kindness, whereas Torah that one studies without the intention of teaching others is not deemed to be Torah of kindness. (49b4)

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Daf Yomi - Sukkah 49 - Spiritual ascent to Jerusalem

The Gemara cites a verse in Shir HaShirim that states mah yafu peomayich baneolim bas nadiv, how lovely are your steps in sandals, O daughter of the noble? The Gemara explains that this verse refers to the lovely steps of the Jewish People when they ascended to Jerusalem for the festival. Rabbeinu Bachye in Parashas Mishpatim cites a Medrash that states that when the Torah instructs the Jewish People to ascend three times a year to Jerusalem, it is said shalosh peamim and shalosh regalim, which literally mean three times. In Yeshaya it is said tirmisenah ragel raglei ani paamei dalim, it is trampled underfoot: the feet of the poor, the soles of the meek. From the verse in Shir HaShirim we derive a law that one is only allowed to ascend to Jerusalem for the three times a year pilgrimage by foot and one is forbidden to ascend in any other manner. This law is derived from the fact that Scripture uses the words peomayich and neolim, which allude to one walking as opposed to traveling on an animal or in a wagon. It is noteworthy that the Sfas Emes explains that the concept of neilas hachag, the traditional festive meal that is eaten at the end of the three festivals, is based on this verse in Shir HaShirim. The word baneolim alludes to the lock, i.e. the safeguarding of the festival. Perhaps we can extend this idea further, based on what the Sfas Emes writes elsewhere that the word regel alludes to the physical and what a person performs by rote. On a festival, however, one should take the physical acts that he is engaged in and he should make a manul, i.e. a lock to it. When one is ascending in a physical sense to Jerusalem, he should essentially trample the regel, i.e. he should negate the physical and capture the spirituality of the festival. One should trample the feet of the poor, i.e. the poor in knowledge, who until now was starving for a spiritual ascent. One should trample the soles of the meek, i.e. the one who until now was not courageous enough to ascend the spiritual ladder should cast away his physical existence and conduct himself on a spiritual plane. This was the focus of the pilgrimage to Jerusalem, as one “rose” above the physicality of this world and acquired spiritual gains on the festivals.

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Daf Yomi - Sukkah 49 - Pilgrimage with Shoes Only

The Gemara cites a verse in Shir HaShirim that states mah yafu peomayich baneolim bas nadiv, how lovely are your steps in sandals, O daughter of the noble? The Gemara explains that this verse refers to the lovely steps of the Jewish People when they ascended to Jerusalem for the festival. The words bas nadiv refer to Avrohom Avinu who is referred to as the nadiv, the noble one. What is the connection between the pilgrimage to Jerusalem and Avrohom Avinu? The Mahretz Chayus in his responsa (7) quotes Rabbeinu Bachye in Parshas Mishpatim who cites a Medrash that states that from the verse in Shir HaShirim we derive a law that one is only allowed to ascend to Jerusalem for the three times a year pilgrimage by foot and one is forbidden to ascend in any other manner. This law is derived from the fact that Scripture uses the words peomayich and neolim, which allude to one walking as opposed to traveling on an animal or in a wagon. The Mahretz Chayus writes that he was not able to locate the source of this Medrash. The Mahretz Chayus also cites the Yerushalmi in Pesachim (4:7) that would indicate that the law is the opposite of the Medrash that is quoted by Rabbeinu Bachye. There is a dispute between Rabbi Yose and the Tanna Kamma if a leather craftsman is permitted to work on Erev Pesach. Rabbi Yose permits them to work because the people who were making the pilgrimage to Jerusalem needed to have their shoes and sandals fixed in honor of the festival. The Tanna Kamma disagrees and maintains that it was not necessary to have leather craftsmen as the Jewish People were wealthy and they all ascended to Jerusalem by riding on animals. This discussion indicates that it was permitted to ascend to Jerusalem by riding on an animal and walking was not the only permitted means of transportation. Rav Elyashiv heard from a Torah scholar who said that whether the halacha is in accordance with Rabbeinu Bachye that one could only ascend to Jerusalem by foot or whether it was merely the poor people who ascended by foot, it is evident from the Yerushalmi that there was a concern that people required shoes in order to fulfill the mitzvah. In all likelihood, this concern would have resulted in a collection for the poor prior to the festival , similar to a collection of food that was orchestrated on behalf of the poor. Perhaps it is for this reason that the Gemara mentions Avrohom Avinu regarding the pilgrimage. The character of kindness displayed by the Jewish People is an inheritance from Avrohom Avinu and in a sense, it was Avraham Avinu who catalyzed the outpouring of kindness that the Jewish People demonstrated when the Jewish People ascended to Jerusalem for the festivals.

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Daf Yomi - Sukkah 48 - Throw the book at him!

The Mishna relates that a Sadducee, who was from a group of Jews who denied the authenticity of the Oral Law, poured the water on his feet instead of pouring the water into the bowl, and all the people threw their esrogim at him. Why did they choose to throw their esrogim at him? Were they attempting to kill him? If he was truly liable the death penalty, throwing esrogim was definitely not the prescribed method for stoning a sinner. Perhaps the reason that they pelted him with esrogim is because the Sadducees denied the validity of the Oral Law and they only subscribed to the terse meaning of the Written Law. Regarding the esrog, the Torah only states that one is required to take a pri eitz hadar, which is literally translated as a beautiful looking fruit. The Gemara teaches us from various expositions that the fruit that the Torah refers to is the esrog, and this is a Sinaitic tradition. Thus, the people pelted the Sadducee with esrogim to demonstrate that he had denied the validity of the Oral Law and they upheld the belief in the Oral Law.

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Daf Yomi - Sukkah 48 - Highlights

1. The Mishna rules that one recites Hallel all eight days of Sukkos including Shemini Atzeres. There is an obligation to offer a korban shelamim and eat its meat for all eight days. The Gemara learns from the verse that states vhoyisa ach sameach, and you shall be nothing but joyous, that there is an obligation for one to be joyous on the night of Shemini Atzeres. There is a contradiction in the words of Rashi if this obligation also applies to Shemini Atzeres by day. (48a1)
2. The Mishna rules that one is required to sit and sleep in the Sukkah for all seven days of Sukkos. One should not dismantle his Sukkah on the seventh day. Rather, he should bring the utensils from the Sukkah into his house to prepare for Shemini Atzeres. (48a2)
3. The Gemara states that if one does not have any other place to eat besides the Sukkah, he should remove four tefachim of s’chach, thus disqualifying the Sukkah. This should not be done by those who reside outside Eretz Yisroel where there is an obligation to sit in the Sukkah on Shemini Atzeres, because there is a concern that the eighth day is really the seventh day. The solution for those who reside outside of Eretz Yisroel is either to light a candle inside a small Sukkah or to bring soiled dishes into a large Sukkah, thus demonstrating that he no longer wishes to fulfill the mitzvah of dwelling in the Sukkah. (48a2-48a3)
4. The Mishna explains the process of the water libations that are performed on the mizbeiach on Sukkos. A golden jug that could contain three lugin would be brought from the Shiloach, a spring outside Jerusalem. As they approached the Water Gate of the Bais HaMikdash, they would sound the shofar. The Kohen walked up the ramp and turned towards the left of the mizbeiach where there were two silver bowls, one used for the water and one for the wine. Rabbi Yehudah maintains that the bowls were made from plaster but they appeared black because of the wine. The bowl with the thick spout was used for wine and the bowl with the thin spout was used for the water and in this manner, the water and the wine would finish draining simultaneously. The Mishna rules that if the wine was poured into the jug that was designated for water or if the water was poured into the jug that was designated for wine, it is still valid. (48a3-48a4-48b1)
5. Rabbi Yehudah disagrees with the Chachamim regarding two aspects of the libation ceremony. First, Rabbi Yehudah maintains that the jug contained only one lug and second, Rabbi Yehudah maintains that the water libation was performed on the seven days of Sukkos and on Shemini Atzeres. (48b1)
6. The Mishna relates that a Sadducee, who was from a group of Jews who denied the authenticity of the Oral Law, poured the water on his feet instead of pouring the water into the bowl, and all the people threw their esrogim at him. (48b1)
7. The Gemara states that the Kohen would normally walk up the mizbeiach and he would turn towards the right. The three exceptions to this procedure were when the Kohen would perform the water libation, the wine libation, and the avodah with the blood for the bird olah, when there was an excess of bird olos and there were too many kohanim who had congregated on the east side of the mizbeiach. In those cases the Kohen would walk up the mizbeiach towards the left and after completing his task, he would go down the way he had ascended. (48b3).

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Daf Yomi - Sukkah 48 - Ach Sameach

The Gemara learns from the verse that states vhoyisa ach sameach, and you shall be nothing but joyous, that there is an obligation for one to be joyous on the night of Shemini Atzeres. There is a contradiction in the words of Rashi if this obligation also applies to Shemini Atzeres by day. The commentators ask that we usually find that the word ach, literally translated as but, is used to exclude something, whereas in this instance, the word ach is used to include something.It is said in the name of the Vilna Gaon that on the first days of Sukkos, besides the mitzvah of being joyous, there are additional mitzvos of sitting in the Sukkah and taking the lulav. On Shemini Atzeres, however, there is only the mitzvah of being joyous. Shearim Mitzuyanim B’Halacha adds that this can explain the language used in the Gemara that the verse is including the obligation to be joyous on Shemini Atzeres, although the verse is in essence excluding the other two mitzvos of Sukkah and lulav. The explanation for this is that since the other two mitzvos do not apply on Shemini Atzeres, there is more time to fulfill the mitzvah of being joyous.

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Thursday, October 19, 2006

Daf Yomi - Sukkah 47 - Highlights

1. The Rosh writes that one does not recite a blessing when entering a Sukkah on Shemini Atzeres because reciting a blessing would demonstrate contradictory behavior. When one recites a blessing for the Sukkah, he is demonstrating that dwelling in the Sukkah is a mitzvah, and then it cannot simultaneously be Shemini Atzeres. If it is now Shemini Atzeres and Sukkos has ended, then dwelling in the Sukkah cannot be deemed a mitzvah. To enter the Sukkah and not recite a blessing is not contradictory to Shemini Atzeres, because people will occasionally eat outdoors if it is pleasant for them. The Chachamim did not enact a decree, however, that one should take a lulav on Shemini Atzeres without reciting a blessing, because a person does not take a lulav on his own, and taking it on Shemini Atzeres would be in contradiction to the theme of the day. Tosafos adds that taking a lulav may involve the prohibition of handling muktzeh on Yom Tov. (46a1)
2. Rabbi Yochanan rules that one recites the shehechiyanu blessing on Shemini Atzeres but not on the seventh day of Pesach. The reason for this distinction is because Shemini Atzeres is considered an independent Yom Tov, as one is not required to sit in the Sukkah and take the lulav on Shemini Atzeres, and the water libations on the mizbeiach are not performed on Shemini Atzeres. (47a2)
3. The Gemara explains further that Shemini Atzeres is considered independent from the rest of Sukkos as it has its own arrangement of sacrificial offerings. In addition, the songs that the Leviim sang were not from the same category of songs that were sung on Sukkos. Another distinction is that the text of the Shemone Esrei that is recited on Shemini Atzeres is different that the text that is recited on Sukkos. Lastly, Shemini Atzeres requires that one stay overnight in Jerusalem until the day after the festival. (47a3)
4. Although there is normally a requirement that one stay overnight in Jerusalem after having offered a sacrifice, there is no such requirement regarding the festival of Pesach Sheini. (47b1-47b2)
5. There is an opinion that maintains that one does not recite the shehechiyanu blessing on Shemini Atzeres. The halacha, however, is in accordance with the opinion that one does recite the shehechiyanu blessing on Shemini Atzeres. (47b2-47b3)

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Daf Yomi - Sukkah 47 - A difficult departure

The Gemara concludes that the halacha regarding Shemini Atzeres is meisav yasvinan beruchei lo mevarchinan, we dwell in the Sukkah but we do not recite a blessing for the mitzvah of dwelling in the Sukkah. The Medrash states that the reason why we celebrate Shemini Atzeres is because HaShem declares, “you, the Jewish People have been with Me now for seven days. It is very difficult to have you part from Me. Please, stay with me another day.” We find that the word yeshiva in certain contexts means to tarry or to remain behind. Perhaps the Gemara is alluding to this idea that we tarry in the Sukkah because it is difficult for HaShem that we leave Him, but we do not recite a blessing, because HaShem has never left us.

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Daf Yomi - Sukkah 47 - Can't get Enough of Shmini Atzeres

The Rosh writes that if one enters the Sukkah on Shemini Atzeres without reciting a blessing, his behavior is not contradictory to the theme of the day, because people will occasionally eat outdoors if it is pleasant for them. Rashi in Sefer HaPardes and the Machzor Vitri write that the custom of many great people was to recite Kiddush in the Sukkah and then to finish the meal in the house. Perhaps the rationale for this custom is because it will only be pleasant for short intervals of time but it will not be pleasant to sit in the Sukkah for the entire meal.The Maharil rules that one should eat in the house at night and one should eat in the Sukkah by day. The rationale for this ruling is because it is not considered pleasurable to eat in the Sukkah at night when it is cold. For this reason the Korban Nesanel and the Aruch HaShulchan rule that if it is extremely windy or cold on Shemini Atzeres, one should not eat in the Sukkah. The discomfort that one feels when sitting in the Sukkah when there is inclement weather is in contradiction to Shemini Atzeres.The Minchas Elazar writes that when the requirement to eat in the Sukkah on Shemini Atzeres was instituted, the countries where the Jews resided generally had a mild climate and it was pleasant for the Jews to dwell in the Sukkah. Now that Jews reside in the northern countries where it is cold during the Sukkos season, one should not sit in the Sukkah on Shemini Atzeres because then it will be evident that he is sitting in the Sukkah for the sake of the mitzvah and not for his own pleasure. This will then contradict the theme of Shemini Atzeres. The Raaviah writes that the reason we do not sleep in the Sukkah on Shemini Atzeres is because one only recites a blessing when sitting in the Sukkah and not when sleeping in the Sukkah. When one sits in the Sukkah on Shemini Atzeres and does not recite a blessing, it is evident that he is sitting in the Sukkah because of the uncertainty of what day it is and not because he seeks to add on to the mitzvah of dwelling in the Sukkah. When one sleeps in the Sukkah, however, one never recites a blessing on sleeping in the Sukkah, so it is not evident why he is sleeping in the Sukkah and people will think that he is sleeping in the Sukkah to fulfill the obligation of Sukkah and this is incorrect.

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Daf Yomi - Sukkah 47 - Sukkah on Shmini Atzeres by Reb Jay

In chutz la'aretz, we sit in the sukka on Shemini Atzeres because of Sefika D'yoma, but we do not make a brocha (for this reason, on Leil Shemini Atzeres, we wait until it is tzeis hakochavim to make kiddush). Chasidim generally sit in the sukka only for kiddush during the day of Shemini Atzeres (Rav Tzadok Hakohen has a fifty page teshuva called Meishev Tzedek being matzdk this minhag). This is because of tartei d'sasrei, as there is a Midrash Tanchuma that asks how can we daven for rain (Tefilas Geshem is said on Shemini Atzeres), and then sit in the sukka (furthermore, the tartei d'sasrei is that two different Yomim Tovim are being celebrated--Sukkos and Shemini Atzeres). Maybe we can answer that even though it is a tartei d'sasrei, this paradox serves as a reminder that we are in galus, and galus itself, writes the Maharal (peirush to Shir Hashirim) is a stirah to the essence of Klal Yisroel.

Rav Ahron Kotler asks an interesting question. The chiyuv to sit in the sukka on Shemini Atzeres includes bein hashmashos as well. Why don't we say a person is patur from the sukka during bein hashmashos because of s'fek s'feika (perhaps today is sukkos, but even if it is, bein hashmashos itself is a time of safek, as to whether it is day or night)? He answers that bein hashmashos is not a safek but a zman bifnei atzmo.

The Sharey Teshuva mentions that there are opinions that say that if a person made a mistake during davening of Shemini Atzeres (only on the first day and only in chutz la'aretz and said "B'yom chag hasukkos hazeh" he is yotzei because the day while having a chelek of the kedusha of Shemini Atzeres, also has a chelek of sukkos, because of Sefika D'yoma.

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Daf Yomi - Sukkah 47 - Shmini Atzeres by Rabbi Yosef Dov Karr

The Rosh writes that we do not pronounce a bracha upon entering a sukkah on Shemini Atzeres because doing so would be a demonstration of contradictory behavior. If we are declaring our being in a sukkah as a mitzvah, it cannot be Shemini Atzeres. And if it is Shemini Atzeres, and Sukkos is over, then our entering into a sukkah cannot be a mitzvah. Simply entering a sukkah without reciting a bracha is not inconsistent with it being Shemini Atzeres, because people occasionally eat outdoors if they feel that it is pleasant for them. Our sages did not enact to take lulav on Shemini Atzeres without a bracha, because this is not an activity which people do on their own, and taking it would be an overt sign of our denying that the day is Shemini Atzeres. Tosafos adds that taking lulav would involve handling what may be muktzah on Yom Tov.

Ritva points out that not only can entering a sukkah be interpreted as an elective activity, rather than a violation of Shemini Atzeres, but the fact that we do not recite a bracha is also a demonstration that we are only dwelling in the sukkah due to our uncertainty about the calendar date, and it therefore does not undermine the kedusha of the Yom Tov.

Maybe we can able this to wearing tefillin on Chol HaMoad According to the Rosh we should not wear Tefillin because it would be a demonstration of contradictory behavior of the nature of Chol HaMoed, is it chol or Moed? If its Moad then we never wear Tefillin. According to the Ritva, however we should wear Tefillin without a bracha due to the uncertainty about the date. .Clearly the two opinions have nothing to do whether or not one works of Chol HaMoad or not.

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Wednesday, October 18, 2006

Daf Yomi - Sukkah 46 - Highlights

1. The Gemara states that when the Bais HaMikdash was standing and there was a biblical obligation to take the lulav for all seven days of Sukkos, one would recite a blessing on the lulav every day. After the destruction of the Bais HaMikdash, however, when the biblical obligation to take a lulav was only the first day of Sukkos, one recites a blessing only on the first day of Sukkos and one does not recite a blessing on the remaining days of Sukkos. This opinion maintains that a blessing is not recited on a mitzvah that is rabbinically ordained. (46a1)
2. There is a dispute whether one is required to recite a blessing every day that he eats in the Sukkah or is it sufficient to recite the blessing on the first day of Sukkos and this blessing discharges his obligation for the remaining days of Sukkos. There is a similar dispute amongst Tanaaim regarding Tefillin if one is required to recite a new blessing upon donning his Tefillin for a second time after using the lavatory. There is an opinion that maintains that one would be required to recite a new blessing every time one touches his Tefillin. (46a1-476a2)
3. The Gemara cites opinions that maintain that one is required to recite a blessing on a rabbinically ordained mitzvah. One recites a blessing prior to lighting the Chanukah Menorah although kindling the Chanukah lights is not a biblically ordained mitzvah. The reason why we recite the words asher kideshanu bimitzvosav, Who has sanctified us with His commandments, although HaShem did not command us in the Torah, is because it is said you shall not deviate from the word that the rabbis will relate to you. Thus, we are rabbinically commanded to follow the decrees of the Chachamim. (46a2-46a3)
4. The Gemara discusses if one recites the shehechiyanu blessing when he builds the Sukkah or if he recites the blessing when he commences eating in the Sukkah. (46a4)
5. There is a dispute if one has many mitzvos in front of him whether he should recite one general blessing on all of the mitzvos or if he should recite a blessing for each respective mitzvah. (46a4-46a5)
6. An esrog is huktzeh lemitzvaso, i.e. set aside for the mitzvah performance, on the seventh day, but the esrog is permitted for use as food on the eighth day, which is Shemini Atzeres. The Biur Halacha explains that we do not say that since the esrog is muktzeh during bain hashmashos, twilight, it should be prohibited for the entire day, as the only reason that the esrog is prohibited at bain hashmashos is because of an uncertainty of which day it is. (46b2)
7. In the Diaspora, the esrog is forbidden for use on the eighth day, Shemini Atzeres, referred to as sfeika deyoma, a day of uncertain status, whereas on the ninth day, which is Simchas Torah, it is permitted for use. The Shulchan Aruch quotes an opinion that maintains that the esrog is prohibited on the ninth day as well, but the Mishna Berura writes that if necessary, one can eat the esrog on the ninth day because most opinions are lenient. (46b2)
8. One should not give the lulav bundle to a child on the first day of Sukkos before he himself has discharged his obligation, as a minor can acquire an object legally but he cannot transfer the object to someone else. The Tur, Rambam, and the Shulchan Aruch maintain that the definition of a child in this case is thirteen years old. The Shulchan Aruch cites an opinion that maintains that a child is one who does not cry out for his mother, which would be a child who is six or seven years old, depending on the child. Most opinions maintain, however, that a child is one who is under the age of thirteen. (46b2)
9. The Gemara states that one should not promise something to a child and then not give it to him, because it will teach the child to lie. (46b3)
10. One who designated seven esrogim, one for each of the seven days of Sukkos, Rav maintains that he is permitted to eat the esrog after discharging his obligation, whereas Rav Assi maintains that one can only eat the esrog on the following day. (46b3)

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Daf Yomi - Sukkah 46 - Review and gain new insights

The Gemara states that if one listens to the old by constantly reviewing what he has studied, he will be able to gain new insight into what he has previously learned. If, however, one abandons his learning by not reviewing his studies, then he will not be able to gain new insight into what he has studied. The Gemara states that Torah study is akin to fish in the sea, who always ascend to the surface to drink in the new drops of rain, despite the fact that the fish are surrounded by water at all times. Torah study is not a subject where one can assimilate information from a text and then carry on with life. The Gemara in Kiddushin 30a teaches us that the mitzvah of Torah study, derived from the words vishinantam levonecho, you shall teach them thoroughly to your children, necessitates that one constantly delve deeper into Torah. The word vishinantam can also imply review, as the root word is shoneh, which means reputation. One must constantly review his studies, and only then can he be assured that he will gain new insight into Torah.

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Daf Yomi - Sukkah 46 - Teaching Children not to Lie by Reb Dave

The Gemara states that one should not promise something to a child and then not give it to him, because it will teach the child to lie. The obvious question here is, why are we concerned about teaching a child to lie in the future, yet we are not concerned that the person himself is guilty of lying. Perhaps we can suggest that the Gemara is aware of this issue and the Gemara is revealing to us that besides the lie being told by the individual himself, there are further repercussions as the child will learn how to lie. In one of the Hagados Shel Pesach it is recorded that when his children grew older, Reb Yaakov Kaminetsky zt”l ceased performing the ceremony of having a child return the afikomen in exchange for a gift, because Reb Yaakov realized that as the children grew in age, their requests also became more extravagant. Reb Yaakov saw that it would not always be possible to fulfill their requests, so he chose to stop the ceremony outright, rather than issue promises that he could not adhere to.

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Daf Yomi - Sukkah 46 - Heoros on Rashi by Reb Dave

46a – Rashi q.v. Mitzvos Harbeh - Some infer from this Rashi that there is a mitzvah to wear tefillin on Chol Hamoed. Others break up the Rashi into two parts, as though he were saying, “ . . . to take a lulav and to sit in the succah, AND/OR to wear tefilin and to wear tzitiiz”.

46a – Rav Marei the son of Bas Shmuel – Rashi in Berachos explains why we refer to him with reference to him being “the son of the daughter of Shmuel”, a most unusual appellation.

46b – Rashi q.v. visameinu libracha – Note how Rashi emphasizes the test as “yom shemini chag atzeres hazeh”. He spells it all out again on 47a q.v. beruchi loh mivorchinon, and a third time on 47b q.v. bircas hamazon. It is unusual that Rashi would go to the extreme of writing out the full text three times in such close succession. To me it is clear that Rashi knew other opinions held the correct formulation is “ yom shemin atzeres hachag hazeh”, and he therefore emphasized that the correct opinion is otherwise.

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Tuesday, October 17, 2006

Daf Yomi - Sukkah 46 - Minor and the First Days by Reb Jay

A person should not be makneh the Arba minim to a katan, as while a katan can be koneh, he cannot be makneh to others. What is defined as a katan? The Tur, the Rambam, and the Mechaber hold it is thirteen years old. The Mechaber brings a yesh omrim that says a katan is a child who does not cry out for his mother (six or seven years old, depending on the child). According to most opinions though, a katan is anyone under thirteen. This, however, leads to a problem on the first day of sukkos (and second day in chutz la'aretz), for many families (this is relevant to all children, not just one's own children; however, since in most cases we are dealing with a father and his children, we will use that case in our discussion here). Since there is a chiyuv to own the Arba minim on the first day (u'lkachtem lachem--and it shall be taken for you), and if the katan cannot be makneh the Arba minim back to his father, how can the gadol perform the mitzva the right way (if the katan did it first)? And even if the father has already fulfilled his chiyuv, the katan cannot be makneh the Arba minim to his brothers. And if the father does not give his son the Arba minim, then he is being deficient in his chiyuv of chinuch. In Eretz Yisroel this is not a problem, as the father can ensure that he performs the mitzva before his child, and then when he is makneh the Arba minim to his son, he has already been mikayim the mitzva, and even though the katan cannot give it back, nonetheless, the father can be yotzei the rest of sukkos as a borrower. But this only works if there is one son. In chutz la'aretz where there is a chiyuv of lachem--ownership-- on the first two days, and in Eretz Yisroel if the family has more than one child who is a katan, how can the mitzva be performed the right way?
This leads to the question of what is chinuch? Is chinuch teaching a child to be habitual in mitzvos (The Ra'avan), and therefore it is sufficient to lend him the Arba minim (and he does not need to be makneh the Arba minim to the child thus avoiding the problem that the child cannot return the Arba minim), and as long as the brocha is made and the na'anuim are done, the father has been mechanech the child in the mitzva of Arba minim. Or, is chinuch ensuring that the mitzva is done the right way in all aspects, which in the case of Arba minim includes owning the Arba minim, in which case the father is obligated to buy a set of Arba minim for all his children that are ketanim. The Igros Moshe writes that in Europe when the Arba minim were hard to come by and prohibitively expensive, people relied on the Ra'avan. Today, however, when they are not so expensive, if a father is able he should endeavor to purchase for each child a set of Arba minim.
The Bikkurei Yaakov gives an ingenious answer. He writes that the father can make a t'nai on each day of Yom Tov: "if today is really the first day of Yom Tov (as there is a Sefika D'yoma), then I am fulfilling my chiyuv, then I am being makneh the Arba minim to my son. If tomorrow is the first day, then I am only being lending the Arba minim to my son." A similar t'naiis made on the second day. However, this eitzah of the Bikkurei Yaakov only works if one has one child that is a katan, otherwise, we are still left with the problem of how to transmit the Arba minim to the other children.

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Daf Yomi - sukkah 46 - Sefika D'yoma by Reb Jay

An esrog is huktzeh l'mitzva on the seventh day, but is muttar on the eighth day (Shemini Atzeres; the Biur Halacha explains that we do not say since it is muktzeh during bein hashmashos, it should be assur the whole day, because it is only assur during bein hashmashos because of a safek).
In chutz la'aretz, the esrog is assur on the eighth day (Sefika D'yoma), but it is muttar on the ninth day (Simchas Torah). The Mechaber brings a yesh omrim that it is assur on the ninth day as well, but the Mishna Berura says if it is needed, the esrog may be eaten, as most opinions are matir.
L'choreh, the reason the Arba minim are not taken in chutz la'aretz on Shemini Atzeres because of a Sefika D'yoma is that with the exception of the first day, the Arba minim are a mitzva d'rabanan, and we do not do a mitzva d'rabanan on a Sefika D'yoma (we are not moseif a day of Chanuka or purim, as they are mitzvos d'rabanan; although we do mitzvos of the Pesach Sederthat are d'rabanan even on the second night [maror, arba kosos], since the Seder itself is a D'oraysa, the mitzvos d'rabanan are done because they are connected to the D'oraysa).

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Daf Yomi - Sukkah 46 - Shehechiyanu by Reb Jay

A Shehechiyanu is said on the lulav on the first day, and the brocha on the lulav is said once a day (on the first seven days of sukkos), even if it is taken many times. Unlike on other mitzvos of Yom Tov, where the brocha of Shehechiyanu is said both the first and second day (Pesach, Sukkos, Shavuos, the Shehechiyanu on the Shofar), the Shehechiyanu on the lulav is only said on the first day. One reason is that the Shehechiyanu said on the second day is for Yom Tov itself, and the second day always has the din of the first day (Sefika D'yoma). The exception to this is shofar, though, in reality, it is not an exception, as the mitzva of shofar on Rosh Hashana is intrinsic in the day itself (Rosh Hashana is called Yom Hatreuah in the Torah), as opposed to lulav which is a mitzva on the day, not "of" the day. The Mishna Berura says another reason, that the brocha of Shehechiyanu is said both days of Rosh Hashana is because sometimes the ikar day of Rosh Hashana is the second day (Sefika D'yoma), and as we mentioned, the shofar defines the day.
A brocha is not said on the making of the sukka. The Mechaber writes that a Shehechiyanu should be said, but we are yotzei with the Shehechiyanu said on the first night. The Sheiltos D'rav Achai Gaon says that the making of the sukka is a mitzva in itself (Chag hasukkos ta'aseh lecha) and requires a brocha. L'choeroh, it would also be a nafka minah with regards to oisek b'mitzva patur min hamitzva, as most shitos say building a sukka is hechsher mitzva and would not be considered oisek mitzva, with the Sheiltos considering it a mitzva, thus building the sukka is oisek b'mitzva and one would be patur from another mitzva.

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Monday, October 16, 2006

Daf Yomi - Sukkah 45 - Highlights

1. The Mishna states that the procedure regarding the mitzvah of aravos was that they would go down to a place below Yerushalayim which was called Motza and they would cut the aravos. They would then place the aravos by the side of the mizbeiach and the tops of the aravos would bend over the top of the mizbeiach. The Kohanim would then sound the shofar. (45a1)
2. The Mishnah states further that every day they would circle the mizbeiach one time and on Hoshanah Rabbah they would circle the mizbeiach seven times. There is a dispute regarding what was recited as they were circling the mizbeiach. (45a1)
3. The aravos were at least eleven Amos high which enabled them to lean over an amah on top of the mizbeiach. The Gemara states that the aravos were placed on the yesod of the mizbeiach which was one amah off the ground because otherwise the aravos could not lean over the mizbeiach. The reason for this is because the top of the mizbeiach was indented two amos more than the bottom because of the two upper protrusions of the mizbeiach and since the aravos were only eleven amos high, they would not reach the top of the mizbeiach. (45a3)
4. The Gemara states that one who eats and drinks on the festivals is deemed to have built a mizbeiach and offered a korban on it. Rashi in his second explanation of the Gemara learns that this statement refers to one who eats and drinks on the day after the festival, known as Isru Chag. (45b1)
5. The Gemara states in the name of Rabbi Shimon ben Yochai that all mitzvos must be performed by holding the object used for the mitzvah in the manner in which it grows. (45b1)
6. Rabbi Shimon ben Yochai stated that he and his son Rabbi Elazar along with King Yosam the son of Uziyahu, King of Judea, had such great merits that they would have been capable of exempting the entire world from punishment for the sins that were committed since the world was created until its end. Rabbi Shimon Ben Yochai also stated that there were very few people in the world who merited receiving the Divine Presence. (45b2)
7. The Gemara discusses the manner in which the people praised Hashem and the mizbeiach after performing the mitzvah with the aravah. (45b3-45b4)
8. The Gemara cites differing opinions regarding the recital of the blessings prior to performing the mitzvah of Sukkah and lulav. Shmuel maintains that one recites a new blessing every day for the lulav. Regarding the blessing for the Sukkah, however, one recites a blessing on the first day and this blessing suffices for all seven days. Rabbah in the name of Rabbi Yochanan maintains the exact opposite opinion and Ravin in the name of Rabbi Yochanan maintains that one recites daily a new blessing on the lulav and on the Sukkah. (45b4-45b5)

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Daf Yomi - Sukkah 45 - There is only one G-d

Rabbi Shimon Ben Yochai declared, “there are few people of the highest level, i.e. who have received the Divine presence. If there are a thousand, I and my son are from that group. If there are a hundred, I and my son are from that group. If they are two, they are myself and my son.” Why did Rabbi Shimon Ben Yochai have to state that if there are two, then they are myself and my son? This would seem obvious, based on his previous declaration. Perhaps Rabbi Shimon Ben Yochai was demonstrating extreme humility with this statement. Rashi in Parashas Bereishis cites a few instances where HaShem created the world in a certain manner so that people would not be led to think that man is also a god. Rabbi Shimon Ben Yochai, who understood his greatness, was concerned that people might come to worship him due to his great spiritual level. For this reason, Rabbi Shimon Ben Yochai declared that there were two great people in the world, himself and his son, so no one would be led to believe that he was a god, Heaven forbid.

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Daf Yomi - Sukkah 45 - How does Bamboo Grow?

The Gemora states in the name of Rabbi Shimon ben Yochai that all mitzvos must be perfomed by holding the object in the manner in which it grows.

The Tur writes that there are some that rule that the walls of the sukkah when they are constructed with wood must be positioned in the way which they grew. The Tur disagrees and maintains that one does not have to be strict regarding this since the walls can be made from things that do not grow from the ground such as metal and there obviously this halacha would not apply, so too when they are made out of wood this halacha doesn't apply.

According to this, s'chach which must be from items that grow from the ground would have this requirement to be positioned in the manner in which they grew. The Bach writes that since the essense of s'chach is to cover the width of the sukkah, it is self evident that the Torah did not prescribe that this mitzva must be done in the manner in which it grew.

Meshech Chochmah writes that this requirement only applies by a mitzva that stands by itself, such as a lulav or the wood for the Mishkan; however the walls and s'chach of the sukkah that are dependent on each other does not have this halacha.

Rav Elyashiv states that this halacha only applies by a mitzva where the Torah mandates that the item should be in the same form as it grew; however by s'chach and the walls of a sukklah, one could theoretically grind up the wood or branches and use the pieces for his sukkah. Obviously there is no requirement that it should be positioned in the same manner in which it grew.

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Daf Yomi - Sukkah 45 - One more Day of Eating

Rashi in his second explanation of the Gemara learns that one who eats and drinks on the day after the festival is regarded as if he built a mizbeiach and offered a korban on it. The Shaar Yissachar explains that this procedure is in contrast to Motzai Shabbos where melaveh malkah is eaten at night and here we see that one eats and drinks following the festival. The reason for this distinction is because here the Gemara states that one who eats and drinks is deemed to have brought a sacrifice, which can only be offered during the day. Melaveh malkah, however, cannot be eaten on Sunday, because that would be similar to the gentiles who worship their deity on Sunday.

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Daf Yomi - Sukkah 44 - Halachos from Heaven

The Gemora cites an argument between Rabbi Yochanan and Rabbi Yehoshua ben Levi regarding the mitzva of taking the arovos on Sukkos if it is just a custom from the Prophets or was it instituted as an obligation from the Prophets. Rabbi Yochanan maintains that it is an obligation instituted by the Prophets. The Gemora asks a contradiction regarding Rabbi Yochanan's view since we find elsewhere that he stated the mitzva of arovos if learned from a halacha l'moshe misinai and not from the prophets? The Gemora answers that this halacha was forgotten in Bavel and was later reestablished by the Prophets.

Rashi explains that the Prophets learned this from a divine spirit. The Commentators ask that this is inconsistent with the Gemora in Temurah 16 which states that the Prophets cannot teach a halacha which they have learned through their divine spirit and this is true even if it is only to reveal a forgotten halacha.

Sheorim Mitzuyanim B'halacha answers that the principle of 'Torah not being in the heavens' only applies when we are asking from above, however where it was revealed to us without our inquiry, the halacha can be received.

This is the explanation in the words of the Raavad where he states that the halacha was revealed to him as a secret from Hashem for those that fear him.

This can also explain the Gemora in Eruvin where it was revealed to them from heaven that the halacha is in accordance with Beis Hillel since they are a majority even though Beis Shamai was regarded as being sharper.

If someone can explain the reasoning for this distiction, I would appreciate it.

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Daf Yomi - Sukkah 44 - Inspirational Simchas HaTorah

The Gemora relates a story where a wealthy man came to Rebbe Eliezer bar Tzadok and asked him if the method he was using to pay his workers during shemitah was correct according to halacha. They were digging in the field and he was allowing them to eat from the produce. Rabbi Eliezer told him that this manner was forbidden since one cannot conduct business with the fruits of shemitah. The man immediately left and Rabbi Eliezer proclaimed that he was living in Eretz Yisroel for forty years and he never saw such a scrupulous person before. The man later returned and asked Rabbi Eliezer as to what method should he use to pay them and Rabbi Eliezer responded that he should pay them with money.

There are two obvious questions on this Gemora. Firstly, if this man was so concerned about the halacha, why did he depart from Rabbi Eliezer prior to receiving the complete answer? Secondly, what did Rabbi Eliezer see in this person that caused to him to praise him in such a manner?

Rabbi Mordechai Miller delivered a drasha on Shabbos in Gateshead and explained that the learning of Torah must be fresh and new to a person each day. This will enable him to fulfill its laws with a tremendous desire. This wealthy man heard a new halacha for the first time and he realized that he was conducting himself incorrectly. This made an awesome impression on him and he immediately went to rectify this mistake. That was the only thing he was concerned with at that moment. It was only after his mistake was corrected, did he return to Rabbi Eliezer to inquire as to how he should continue.

This should be one of the inspiring lessons we should take from a Simchas Torah.

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Friday, October 13, 2006

Daf Yomi - Sukkah 43 - Highlights

1. There is a concern that one who is not proficient regarding the laws of waving the lulav or reciting the blessing will carry the lulav four amos in the public domain on Shabbos, which is a biblical prohibition. For this reason the Chachamim enacted a decree that when Shabbos occurs on one of the last six days of Sukkos, one does not take the lulav in the Bais HaMikdash. (42b3-43a1)
2. The residents of Eretz Yisroel were permitted to take the lulav even when the first day of Sukkos occurred on Shabbos. The reason for this was because they were aware of the institution of the new month. (43a2)
3. There is a dispute whether one can cut a lulav from a tree or tie the lulav with the other species on Shabbos. Rabbi Eliezer maintains that since it is said and you shall take for yourselves on the first day… the word bayom, the first day, teaches us that the preliminaries involved in taking the lulav also override the Shabbos restrictions. The Chachamim, however, maintains that one cannot perform the preliminaries of the lulav on Shabbos, and they use the word bayom to teach us that the lulav obligation only applies during the day and not at night. (43a3)
4. The Gemara concludes that the mitzvah of Sukkah applied by day and by night. This is derived by employing a gezeirah shavah from the Miluim, when Aharon and his sons were inaugurated into the service of the Mishkan, where it is said and at the entrance of the Tent of Meeting you shall dwell day and night for seven days. (43a3-43a4-43b1)
5. The taking of the aravah in the Bais HaMikdash when the seventh day of Sukkos occurs on Shabbos was permitted so that everyone would be aware that there is a biblical obligation to take the aravah in the Bais HaMikdash. There was no concern that one would carry the aravah on Shabbos four amos in a public domain because the agents of the Bais Din, the court, would bring the aravos to the Bais HaMikdash. There was also no concern that one would bring the aravos to an expert to learn how to recite the blessing, because only the Kohanim took the aravos, and the Kohanim were knowledgeable regarding the laws of reciting the blessings. (43b1)
6. There is a dispute whether they circled the mizbeiach with the aravah or with the lulav. Abaye maintains that they circled the mizbeiach with the aravah, whereas Rav Yosef maintains that they circled the mizbeiach with the lulav and they performed the biblical obligation of aravah by standing the aravos around the mizbeiach. (43b3-43b4)

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Daf Yomi - Sukkah 43 - Sukkah and the Mishkan

The Gemara states that the obligation to dwell in a Sukkah is by day and by night. This is derived by employing a gezeirah shavah from the Miluim, the inauguration of Aharon and his sons into the service of the Mishkan. It is noteworthy that the sefarim write that the Sukkah reflects the Bais HaMikdash, so it is appropriate that we derive the mitzvah to dwell in the Sukkah from the Mishkan. A further association between Sukkos and the Mishkan is that the Vilna Gaon is of the opinion that we celebrate Sukkos on the fifteenth of Tishrei because that is when the Clouds of Glory returned to shield the Jewish People. The Clouds of Glory were a sign that HaShem was pleased with the Jewish People, and the building of the Mishkan was also a sign that HaShem had forgiven the Jewish People for worshipping the Golden Calf.

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Daf Yomi - Sukkah 43 - Hoshanos on Shabbos


The Gemara states that the Chachamim would always ensure that the seventh day of Sukkos, known as Hoshanah Rabbah, would not occur Shabbos. Tosfos wonders why it was more important to ensure that the seventh day of Sukkos not occur on Shabbos as opposed to ensuring that Rosh HaShanah or the first day of Sukkos do not occur on Shabbos. On both Rosh HaShanah and the first day of Sukkos there are biblical mitzvos to perform. The Chachamim should have been more concerned with ensuring the observance of these mitzvos than ensuring the continuity of the aravah mitzvah which is only a rabbinical institution to commemorate the mitzvah that was performed in the Bais HaMikdash. Tosfos answers that there was no concern that people would assume that the mitzvah of blowing shofar on Rosh HaShanah and taking the lulav on the fist day of Sukkos were rabbinical in nature. Regarding the mitzvah of aravah, however, if the seventh day of Sukkos would occur on Shabbos and the aravah would not be taken, people would view the custom as irrelevant and they would not take the aravah in the future. Furthermore, if the seventh day of Sukkos occurs on Shabbos, there would not be another opportunity to take the aravah, because one would not be able to take the aravah on Shemini Atzeres because it may be an independent festival and taking the aravah would contradict the theme of the day. Regarding the mitzvah of shofar and lulav, however, one would be able to perform the mitzvah on the second day of the festival.

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Daf Yomi - Sukkah 43 - Litveshe Kasha / Chasidishe Vort

We posted this before, but with a slight mistake, so we are correcting it now - thanks.

The Gemora states that the Chachamim made a decree not to take the lulav on Shabbos lest one come to carry it four amos in a public domain.

Reb Akiva Eiger asks the following question. Ben Azai maintains that "mehalech k'omed" one who carries an object four amos in a public domain does not violate the Biblical prohibition of carrying for every step he takes. The moment he places his foot down it is considered as stopping and therefore, he is not walking four amos continuously. The only way for him to transgress this prohibition is to jump four amos at one time.

Tosfos in Rosh Hashona states that Ben Azai would agree that there is a prohibition of carrying four amos since it is a halacha l'Moshe misinai and even though it would not be a contiguous four amos, it is nonetheless not allowed. However, the Yerushalmi holds that Ben Azai disagrees with this prohibition. Tosfos cites a proof that the Bavli disagrees. Reb Akiva Eiger asks that Tosfos should bring a clear proof that the Bavli maintains that Ben Azai agrees that there exists a four amos prohibition for otherwise there should not be any injunction against blowing the shofar or shaking the lulav on Shabbos. The sages were concerned of one carrying the shofar or lulav four amos in a public domain and according to Ben Azai this would not be a violation of Shabbos. It is not logical to assume that one might take the shofar and jump four amos?

Reb Leibel Eiger answered that in the person's excitement to for the mitzva of shofar, how can he not jump!

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Daf Yomi - Sukkah 42 - Highlights

1. Rabbi Yose rules that if the first day of Sukkos occurs on Shabbos and one forgot and carried the lulav into a public domain, he is not liable a chatas offering because he was preoccupied with performing a mitzvah. Abaye qualifies this ruling to be referring to a case where one has not yet fulfilled the mitzvah, but once he has fulfilled the mitzvah, he will be liable a chatas for carrying. The Gemara questions this because it would see that he automatically fulfills the mitzvah when he picks up the lulav. Abaye answers that Rabbi Yose refers to a case where he turned the lulav upside down and one only fulfills the mitzvah when holding the lulav straight up in the manner that it grows. Rava answers that Rabbi Yose refers to a case where one took the lulav out in an undignified manner on a plate, in which case he does not fulfill the mitzvah. (41b4-42a1)
2. Rabbi Yose rules that if a Kohen found a bird olah amongst other bird chatas offerings and the Kohen assumed that that this bird was a bird chatas and he ate it, he is not liable a meilah offering, despite the fact the halacha is that a bird olah is entirely burned on the mizbeiach and a bird chatas is eaten entirely by the Kohanim. The rationale for this ruling is that Rabbi Yose maintains that one who is preoccupied with a mitzvah is not liable if he errs. (42a1-42a2)
3. The Mishna rules that the lulav can be returned to water on Shabbos so that it should not wilt. Rabbi Yehudah maintains that on Yom Tov one is even permitted to add water and on Chol HaMoed one would be permitted to change the water. (42a2-42a3)
4. A father is obligated to begin training his child who is a minor in the mitzvah of lulav if the child knows how to wave the lulav. The Gemara enumerates other mitzvos and the age for when a father is required to train his son to perform those mitzvos. (42a3-42a4-42b1)
5. The Mishna records the various mitzvos that are performed on Sukkos and on which days they are performed. The mitzvah of lulav and the mitzvah of aravah can be performed either six days or seven days. If the first day of Sukkos occurs on Shabbos, the mitzvah of lulav would be performed but one would not perform the mitzvah of lulav on Shabbos when the first day of Sukkos occurs on any other day of the week. If the seventh day of Sukkos occurs on Shabbos, the mitzvah of aravah would be performed but the mitzvah of aravah would not be performed when the seventh day of Sukkos occurs on any other day of the week. The obligation of reciting Hallel and the obligation to eat meat from the shelamim offering when the Bais HaMikdash stood applies for all eight days of Sukkos. The mitzvah to sit in the Sukkah and the mitzvah of the water libation on the mizbeiach apply to the seven days of Sukkos. The mitzvah to play musical instruments at the Simchas Bais Hashoeva, the Celebration of the Place of the Water Drawing, was performed either five or six days of Sukkos. The reason for this ruling is because it is forbidden to play music on Shabbos or Yom Tov. (42b2)
6. When the first day of Sukkos occurred on Shabbos, the people would bring their lulavim to the Beis HaMikdash on Friday and every person would stipulate that if someone else were to receive his lulav, it should belong to that person as a gift. When this procedure became dangerous because everyone would fight in their enthusiasm to receive their lulavim, it was instituted that each person should take the lulav in his house rather than in the Bais HaMikdash. (42b3)

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Daf Yomi - Sukkah 42- Lekavod Shabbos and Shemini Atzeres

The Gemara states that when the first day of Sukkos occurred on Shabbos, the lulav was taken for seven days in the Bais HaMikdash. The reason for this is because taking the lulav on the first day of Sukkos is of biblical origin and the Chachamim did not enact a decree to that would prohibit one from taking the lulav on Shabbos. It is noteworthy that the Gemara earlier states that one extends the lulav outward and inward to ward off harmful winds, and one raises them up and lowers them down to ward off damaging dews. Although on Shabbos all evil influences depart from our midst, in the time of the Bais HaMikdash there was a requirement to take the lulav on Shabbos. The Sfas Emes suggest that nowadays we do not take the lulav on Shabbos because Shabbos is a day of rest and the Jewish People only are required to battle with the evil forces during the week. The Shem Mishmuel suggests that the reason that they were required to take the lulav on Shabbos in the Bais HaMikdash was because the lulav represents daas, knowledge, and Shabbos itself is daas, and an excess of daas could be detrimental. Nonetheless, in the Bais HaMikdash there were many actions involved with the sacrifices, so there was no concern regarding the taking of the lulav.

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Daf Yomi - Sukkah 42 - Teaching Torah to a child

The Gemara states that when a child knows how to talk, his father teaches him Torah and the recitation of Shema. The Gemara states that Torah means that the father should teach him the verse that states Torah tzivah lanu Moshe morashah Kehillas Yaakov, the Torah that Moshe commanded us is the heritage of the Congregation of Yaakov. There is an allusion to this teaching in the context of the verses themselves. Prior to this verse it is said af choveiv amim kol kedoshav beyadecho veheim tuko leraglecho yisa midabrosecho, indeed, You loved the tribes greatly, all its holy ones were in Your hands; for they planted themselves at Your feet, bearing the yoke of Your utterances. Rashi explains that the word midabrosecho, Your utterances, is derived from the word dibbur, speech. Thus, the verse can be interpreted as follows: midabrosecho, when the child begins to speak, teach him the verse of Torah tzivah lanu Moshe morashah Kehillas Yaakov.

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Daf Yomi - Sukkah 42 - Wrong Place Esrog

Rabbi Yosi rules that if one forgets and carries the lulav to a public domain on Shabbos, he is not liable since he was preoccupied with a mitzva. Abaye qualifies this to be referring to a case where he had not fulfilled the mitzva yet. The Gemora asks that he seemingly would automatically fulfill the mitzva when he picks up the lulav. Abaye answers that he turned it around and therefore did not discharge his obligation.

Rashi explains that he turned the esrog over with the pittum down. Rabbeinu Chananel learns that he took the lulav in his left hand and the esrog in his right hand.

The Ritva asks that even if he placed the lulav in the wrong hand, he nonetheless fulfills the mitzva? Chasam Sofer answers that by switching hands he is indicating that he does not intend to fulfill the mitzva now.

This can be the source for the two options brought down in halacha regarding the reciting of the brocha on the lulav. In Shulchan Aruch, it states that one should hold the esrog upside down during the brocha in order that the brocha will be prior to the performance of the mitzva. The Gra rules that one should have intention that he does not want to fulfill the mitzva at this moment and this will be sufficient even if the esrog is being held correctly.

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Daf Yomi - Sukkah 42 - Shakin'

The Acharonim cite several proofs that the mitzvah of waving the lulav is an integral part of the mitzvah of lulav. One proof is from our Gemara that states that a father is obligated to train his child who is a minor in the mitzvah of lulav when the child knows how to wave the lulav. The proof is from the fact that the Gemara did not state that the obligation begins when the minor knows how to hold the lulav. Rather, the Gemara states that the obligation begins only when the child knows how to wave the lulav.Further proof to this thesis is from the Gemara that we learned earlier that states that a lulav must be four tefachim in height to allow one to wave the lulav. The commentators discuss which waving the Gemara refers to. Is it the waving one performs when reciting the blessing on the lulav or is it the waving that is performed when reciting Hallel?

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Daf Yomi - Sukkah 41 - Highlights

1. There is a dispute in the Gemara if the sanctity of Shemittah produce can be deconsecrated onto money by exchanging the money for the produce. All agrees that when the produce is sold, the sanctity rests on the money. The dispute is when the owner attempts to exchange the produce for money. Rav Ashi qualifies this dispute as referring only to the deconsecrating of the money that was exchanged with Shemittah produce. All agree, however, that the Shemittah produce itself cannot be deconsecrated with an ordinary exchange as one can do with hekdesh. Rather, the Shemittah produce must be purchased. (41a1)
2. The Mishna states that originally, the mitzvah of lulav was for seven days in the Bais HaMikdash and for one day outside the Bais HaMikdash. After the destruction of the second Bais HaMikdash, Rabban Yochanan ben Zakkai instituted that the lulav should be taken for all seven days of Sukkos as a commemoration to the Bais HaMikdash. (41a2)
3. Rabban Yochanan ben Zakkai also instituted that one is not permitted to eat from the new grain the entire day of the sixteenth of Nissan. In the times of the Bais HaMikdash, the new grain could only be eaten after the omer offering was brought on the sixteenth of Nissan. Subsequent to the destruction of the Bais HaMikdash, one was biblically permitted to eat the new grain on the sixteenth of Nissan in the morning. Rabban Yochanan Ben Zakkai was concerned, however, that the Bais HaMikdash may be built the following year on the night of the sixteenth of Nissan and there would not be enough time to prepare the omer offering. People might then say that the new grain will be permitted in the morning just as it was the previous year. This assumption would be erroneous, because the previous year there was no Bais HaMikdash, thus there was no possibility of offering the omer, and for that reason the new grain was permitted in the morning. During the present year, however, there is a Bais HaMikdash, and one must wait for the offering of the omer or one must wait until the end of the day. Rabban Yochanan Ben Zakkai therefore instituted that one was prohibited from eating the new grain the entire day of the sixteenth of Nissan. (41a2-41a3-41a4)
4. The Mishna states that when the first day of Sukkos occurs on Shabbos, the people would bring their lulavim to the synagogue on Friday and the next day, which was Shabbos, they would come early to the synagogue and each person would recognize his lulav and take it. The reason each person was required to take his own lulav is because there is a Halacha that one must fulfill his obligation on the first day of Sukkos with his own lulav, so one was not permitted to take a lulav that belonged to someone else. (41b1)
5. The Gemara relates an incident where Rabban Gamliel, Rabbi Yehoshua, Rabbi Eliezer ben Azaryah and Rabbi Akiva were journeying on a boat and only Rabban Gamliel had a lulav with him, which he had purchased for a thousand zuz. Rabban Gamliel first fulfilled his own obligation with the lulav and he then gave the lulav to the other rabbis so that they could discharge their obligation. The Gemara states that since it was recorded that Rabbi Akiva returned the lulav to Rabban Gamliel, we can deduce a law that a present given on condition that it be returned is considered a present. Thus, the rabbis were able to fulfill their obligation with the lulav that belonged to someone else, despite the fact that the incident occurred on the first day of Sukkos when one is require to own the lulav. From the fact that the Baraisa mentioned that Rabban Gamliel purchased the lulav for a thousand zuz, it is evident how the sages of those times cherished the mitzvos. (41b2-41b3)
6. The Gemara states that one should not hold Tefillin or a Sefer Torah in his hand while he is praying Shemone Esrei. The reason for this ruling is because he will be concerned about protecting the Tefillin or Sefer Torah and he will not be able to concentrate on his prayers. Ameimar would hold his lulav while praying, and this was also the custom of the people of Jerusalem. The reason that they were permitted to hold the lulav while they prayed is because taking the lulav is a mitzvah and since they cherished the mitzvah, they were not preoccupied by its weight and by the necessity to guard the lulav from falling from their hands. (41b3-41b4)

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Daf Yomi - Sukkah 41 - Building the Gates

Rabban Yochanan ben Zakai instituted that one is not permitted to eat from the new grain the entire day of the sixteenth of Nissan. In the times of the Bais HaMikdash, the new grain could only be eaten after the omer offering was brought on the sixteenth of Nissan. Subsequent to the destruction of the Bais HaMikdash, one was biblically permitted to eat the new grain on the sixteenth of Nissan in the morning. Rabban Yochanan Ben Zakkai was concerned, however, that the Bais HaMikdash may be built the following year on the night of the sixteenth of Nissan and there would not be enough time to prepare the omer offering. People might then say that the new grain will be permitted in the morning just as it was the previous year. This assumption would be erroneous, because the previous year there was no Bais HaMikdash, thus there was no possibility of offering the omer, and for that reason the new grain was permitted in the morning. During the present year, however, there is a Bais HaMikdash and one must wait for the offering of the omer or one must wait until the end of the day. Rabban Yochanan Ben Zakkai therefore instituted that one was prohibited from eating the new grain the entire day of the sixteenth of Nissan. Rashi wonders how the Bais HaMikdash could be built on the night of the sixteenth of Nissan, as the Gemara in Shevuos 15b states that the Bais HaMikdash cannot be built at night. Rashi answers that it is only regarding a Bais HaMikdash built by humans that there is a restriction of building it at night. The third Bais HaMikdash, however, will descend from Heaven miraculously, thus there are no restrictions regarding the building of the third Bais HaMikdash. The Maharil Diskin is troubled by this answer, as the Jewish People have an obligation to build the Bais HaMikdash, so why would HaShem prevent us from performing this mitzvah? The Maharil Diskin answers based on a Medrash in Eicha that states that when the Bais HaMikdash was destroyed, the gates of the Bais HaMikdash sank into the ground and in the future, the Jewish People will excavate the gates and affix them to the Bais HaMikdash. The Gemara in Bava Basra rules that one who secures the gates in an ownerless field is deemed to be the one who acquires the field. Thus, we will fulfill the mitzvah of building the Bais HaMikdash when we secure the gates of the Bais HaMikdash. This can also be the explanation of the words that we recite in the Shemone Esrei of Mussaf on the festivals, show us its rebuilding and gladden us in its perfection. The word for perfection is tikkuno, which can allude to the securing of the Bais HaMikdash gates.

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Daf Yomi - Sukkah 41 - Yekum Purkan

The Gemora states that a person should not daven shmoneh esrei and hold a sefer Torah or tefillin in his hand at the same time. This is because he will be concerned about protecting the torah and tefillin and will detract from his concentration for davening. This is in contrast to the custom in Yerushalayim where they would daven shmoneh esrei and hold the lulav in their hands at the same time. The Gemora explains that holding the lulav will not detract from his concentration since holding the lulav is a mitzva and therefore it is dear to him and not a burden to hold it.

The Mishna Berura 96:2 rules that the chazan can hold the sefer Torah as he is reciting yekum purkan on Shabbos since his intention at the time is to daven for the people learning Torah and not to guard the Torah. This is akin to holding the lulav during shmoneh esrei.

Rav Elyashiv comments that it’s apparent the prominence the tefillah of yekum purkan has if the Mishna Berura is comparing it to shmoneh esrei.

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Daf Yomi - Sukkah 41 - Love perverts accepted conduct

The Gemara records that Mar the son of Ameimar said that his father would pray with the lulav, i.e. Ameimar cherished the mitzvah of lulav so much that he would hold the lulav while praying. The term that the Gemara uses is tzaluyei ka metzalei bei. Regarding the verse that states lo sateh mishpat, you shall not pervert judgment, the Targum renders the translation lo satzlei din. This usage of the word tzalei refers to bending and twisting justice. Perhaps we can interpret the statement of the Gemara here homiletically to mean that normally one should not hold an object while praying because his preoccupation with the object will detract from concentrating on his prayers. Ameimar, however, cherished the mitzvah of lulav so much that he personified the statement of the Medrash that Ahavah mekalkeles es hashurah, the love for Hashem and his mitzvos perverts what is normally accepted behavior, and thus Ameimar held the lulav even while he was praying.

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Thursday, October 12, 2006

Daf Yomi - Sukkah 41 - Un...tzum...drite...mol!! Sold!!!

The Gemora relates a story that Rabban Gamliel, Rabbi Yehoshua, Rabbi Eliezer ben Azaryah and Rabbi Akiva were journeying on a boat and only Rabban Gamliel had a lulav which he had purchased for over a thousand zuz. It is evident from this Gemora how precious mitzvos were to them that Rabban Gamliel spent a thousand zuz on his lulav.

The Aruch Lener asks on the language of the Gemora. Why does it say "How precious mitzvos were to them" when in fact, Rabban Gamliel was the only one who purchased the lulav for that enormous sum?

He answers that from the fact that Rabban Gamliel paid a thousand zuz for the lulav, it is evident that there were other potential buyers that were interested and a bidding war erupted, especially since it is well documented that Rabbi Eliezer and Rabbi Akiva were rich people.

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Daf Yomi - Sukkah 41 - Preferential Treatment

The Gemora relates a story that Rabban Gamliel, Rabbi Yehoshua, Rabbi Eliezer ben Azaryah and Rabbi Akiva were journeying on a boat and only Rabban Gamliel had a lulav which he had purchased for over a thousand zuz. Rabban Gamliel initially fulfilled his mitzva with the lulav and then gave it to the other Tanaim to enable them to discharge their obligation. The Gemora states that from the extra wording in the story we can derive that a present given with the stipulation to be returned is considered a present and they can fulfill the mitzva even on the first day when the lulav must be yours. It is also evident from this Gemora how dear mitzvos were to them that Rabban Gamliel spent a thousand zuz on his lulav.

The Chasam Sofer asks on the order of the Tanaim. Why did Rabbi Yehoshua who was a Levi receive the lulav before Rabbi Eliezer who was a kohen? He answers that it must be because Rabbi Yehoshua was exceptional in Torah learning and an elder, therefore they honored him first. If so, continues the Chasam Sofer, why wasn't Rabbi Akiva the first? He answers that the merit of being a Talmid Chocham can propel him one level and that is why Rabbi Yehoshua who was a levi and an exceptional Talmid chocham can have preferential treatment over Rabbi Eliezer who was a kohen; however Rabbi Akiva, who was a yisroel cannot skip over two levels and therefore Rabbi Eliezer was before him.

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Daf Yomi - Sukkah 40 -Highlights

1. The Gemara states that if one gathered various leaves for kindling, they do not posses the sanctity of Shemittah. This is derived from the verse that states the Sabbatical produce of the land shall be for you to eat. The words for you have to be akin to the words to eat. This allows only uses whose benefit is equivalent to consuming the item. This excludes wood where the benefit of baking only comes after the wood has been transformed to coals, so the wood will not have the sanctity of Shemittah. Regarding a lulav, however, whose primary use is as a broom, its benefit is equivalent to its consumption, i.e. becoming worn from use, so a lulav will have the sanctity of Shemittah. (40a2)
2. There is a dispute whether firewood has the sanctity of Shemittah. One opinion maintains that firewood has sanctity of shemittah. (40a2-40a3)
3. Rabbi Yose maintains that one is allowed to use Shemittah produce for washing clothing but one cannot use Shemittah produce for medicinal purposes. (40a2-40a3-40b1)
4. There is a dispute in the Gemara whether the sanctity of Shemittah produce can be deconsecrated onto money, and this would be accomplished by exchanging the money for the produce. All agree that when the Shemittah produce is sold, the sanctity carries over to the money. The dispute is only regarding a case where the owner seeks to exchange the produce for money. (40b1-40b2)

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Daf Yomi - Sukkah 40- The dust of their feet

The Gemara discusses the harsh punishment that one incurs when he treats the laws of Shemittah lightly. The Gemara uses the term avak shel sheviis, the dust of Shemittah, to refer to the less stringent laws of Shemittah. We find elsewhere that the Gemara uses the term avak Lashon hara to describe slander that is rabbinically prohibited, and the term avak ribbis in describing rabbinically prohibited interest on a loan. Why does the Gemara use the word avak, dust, in these instances? It is noteworthy that when Yaakov struggled with the angel of Esav, it is said vayeiavek ish imo, and a man wrestled with him. The Gemara in Chullin 91a states that the angel of Esav appeared to Yaakov like a Torah scholar. Perhaps the meaning of the Gemara is that the angel of Esav attempted to convince Yaakov that although one must follow the mitzvos that are stated explicitly in the Torah, one can be more lenient regarding the rabbinical prohibitions. This is alluded to in the word vayeiavek, which is derived from the word avak, dust. For this reason the Gemara refers to certain rabbinical prohibitions with the term avak, to allude to the idea that it is the evil inclination, a.k.a. the angel of Esav, who is attempting to convince the person that he can be lenient regarding rabbinical prohibitions. We must adhere to the dictum recorded in Pirkei Avos 1:4, where it is said vehevay misabak bafar ragleihem, literally translated as sit in the dust of their feet, and homiletically interpreted that one should adhere to even the less stringent rabbinical prohibitions.

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Daf Yomi - Sukkah 40 - Reverse Situation

The Gemora explains that wood which is projected to be used for kindling a fire does not have the sanctity of shemitah. This is derived from a possuk which states that only something which its pleasure and destruction from the world are simultaneous have shemitah sanctity; however firewood where the pleasure comes only after the wood transforms into coals does not have kedushas shemitah. A lulav is not projected to be used for kindling, rather as a broom for sweeping a house and therefore will have limitations due to shemitah.

The Chachamim were not concerned about purchasing the lulav since the lulav blossomed in the sixth year, it is not bound by the shemitah limitations. The esrog, even though it grew in the sixth year, is regarded as a shemitah fruit because it was plucked off the tree in the seventh year.

The Commentators ask as to what the halacha would be in a reverse situation from the Gemora. In the eighth year of the shemitah cycle, it should be forbidden to purchase the lulav because it grew in the seventh year and the esrog should be permitted to purchase since it was cut from the tree in the eighth year? (According to some, this case is a more frequent one than the Gemora’s.) The Kapos Temorim states that the halacha would be the same in reverse and it is inferred from the Mishna’s case.

Dayan Weiss in Minchas Yitzchok states (I believe) that the solution of the Gemora would not apply in this case. One can purchase a lulav and have the cost of the esrog absorbed in the lulav since in those days the lulav was more expensive than the esrog; however the reverse does not work. One cannot absorb the cost of the more expensive item i.e. the lulav into the cost of the inexpensive esrog.

There are those that state in the Rambam that a lulav does not have the sanctity of shemitah at all. This would seemingly be inconsistent with our Gemora, however it would explain why the situation is not addressed.

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Daf Yomi - Sukkah 40 - Meticulous about Shemitah

The Gemara states that if one is not meticulous even regarding the lenient laws of Shemittah, i.e. one sells Shemittah produce, he will be forced to sell all of his possessions and eventually he will be forced to sell himself as a slave. Rashi at the end of Parshas Behar quotes the full text of the Baraisa that is mentioned in Arachin 30b and Kiddushin 20a. The Ramban in the beginning of Parshas Behar writes that one should be careful to adhere to the laws of Shemittah just as one would be meticulous in observing the laws of Shabbos, as Shemittah is the secret of Creation. When one treats the laws of Shemittah lightly, he will be the catalyst that causes the Jewish People to be exiled for he is demonstrating that he does not affirm the belief that HaShem created the world and he also denies the concept of the World to Come.

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Wednesday, October 11, 2006

Daf Yomi - Sukkah 39 - Highlights

1. Rava rules that when responding to the recital of Kaddish, one should not pause between the words yehei shmei rabbah and the word mevarach because this will give the appearance that the word mevarach is disconnected and does not have its own meaning. Rav Safra disagreed with Rava and Rav Safra maintains that even if one were to pause in his response, the meaning of his response would still be the same, i.e. may His great Name be blessed. (39a1)
2. The recital of the blessing upon the completion of Hallel depends on the particular custom of that area, whereas there is an obligation upon everyone to recite a blessing before reciting Hallel. (39a1)
3. The Gemara rules that one should always recite a blessing before performing a mitzvah. (39a1)
4. One is not allowed to purchase a fruit that grew in the Shemittah year. The Mishna therefore rules that if one is purchasing a lulav and esrog from his friend during the Shemittah year, he must purchase the lulav and receive the esrog for free. (39a2)
5. The Gemara explains that it is preferable to receive the esrog for free. If the seller does not agree, however, then the cost of the esrog should be incorporated into the cost of the lulav. (39a2)
6. The reason one cannot purchase an esrog of the Shemittah year outright is because one is not permitted to conduct business with the fruits of the Shemittah year or with the money that was exchanged for the fruits. During the Shemittah year one is required to consume the fruits and the money that was exchanged for the fruits. When an ignorant Jew sells the esrog, we are concerned that he will save the money for after Shemittah. One should thus not purchase the esrog from the ignorant Jew because he would be causing the seller to stumble and transgress the prohibition of saving the money for after Shemittah. (39a2)
7. One is permitted to purchase fruits of the Shemittah year as long as the price of the food does not exceed the cost of three meals. This is only permitted for fruits that were not guarded during the Shemittah year. Fruits that were protected during the Shemittah year cannot be purchased at all. (39a3-39b1)
8. The Chachamim were not concerned about one purchasing a lulav during the Shemittah year because a lulav that one purchases during the Shemittah year grew during the sixth year, and subsequently the lulav is not confined to the Shemittah year restrictions. Regarding the esrog, however, even if it grew in the sixth year, it is deemed to be a Shemittah fruit because it was plucked from the tree in the seventh year. (39b2)

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Daf Yomi - Sukkah 39 - Blessings prevent anger

The Gemara states that one must recite the blessing for a mitzvah prior to performing the mitzvah. This is referred to as over laasiyasan. There are a number of instances in the Torah where the word over is used and the Medrash and Gemara interpret the word to denote anger. An example of this is regarding the laws of inheritance, where it is said, vhaavartem es nachalaso lebito, and you shall cause his inheritance to pass over to his daughter. The Gemara derives from the usage of the word vhaavartem that HaShem is angered by one who does not leave over a male child to inherit his estate. The same interpretation can be applied here. One must recite a blessing over laasiyasan, i.e. to prevent anger. We learned earlier on 38a that the remnants of a mitzvah can prevent punishment from occurring. It would follow then that although we rule that blessings do not prevent the fulfillment of the mitzvah, one should certainly be meticulous in reciting a blessing prior to performing a mitzvah, as the recital of the blessing will afford him protection and ward off any harmful agents.

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Daf Yomi - Sukkah 39 - Story Regarding Brochos

The Sefer Bais Shearim records an incident regarding a person who walked into Shul while the Congregation was reciting Hallel. The man took out his lulav and joined them in the recital of Hallel. After he finished reciting Hallel, he realized that he had forgotten to recite the blessing on the lulav. The Bais Shearim ruled that he could no longer recite the blessing because he had forfeited the essential aspect of the mitzvah, which is to take the lulav bundle and wave it during the recital of Hallel, and the blessing on the mitzvah can only be recited prior to or during the performance of the mitzvah and not afterwards. The Bikkurei Yaakov, however, disagreed, and he maintained that since it is our custom to recite Hoshanos while still holding the lulav, it was deemed as if he was still in the midst of performing the mitzvah, thus allowing him to recite the blessing.

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Daf Yomi - Sukkah 39 - Mitzva Remnants

Tosfos rules that one who took the lulav and did not recite the blessing can still do so as long as he has not yet waved the lulav. Although one can fulfill the mitzvah of lulav without waving it, the mitzvah is not deemed to be complete until he waves the lulav. This follows the principle that one can recite a blessing for a mitzvah as long as he has not completed the mitzvah. Thus, one can recite the blessing of netilas yadayim after washing his hands because the mitzvah is not deemed to be complete until one dries his hands. The Pri Megadim writes that if one commenced lighting the Chanukah lights without reciting a blessing, he can still recite the blessing as long as he has not kindled all of the lights that are required for that particular night. Regarding Chanukah lights we also apply the rationale that although one essentially discharges his obligation by kindling one light, the subsequent lights are also deemed to be a part of the mitzvah. Thus, one who has not completed lighting all the lights for that particular night is deemed to be engaged in the mitzvah and he can still recite the blessing.

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Daf Yomi - Sukkah 39 - Recital of Blessings

The Gemora rules that all brochos should be recited before one performs the mitzva. The Tashbatz comments that it is evident from the language of the Gemora that the brocha should be recited immediately prior to the performance of the mitzva and not some time beforehand. This is apparent from the fact that the Gemora used the word ‘over l’assiyoson’ and not ‘kodem l’assiyoson.’

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Daf Yomi - Sukkah 39 - Yehei Shmei Rabbah

Rava rules that one should not pause when answering by kaddish between yehei shmei rabbah and mevarech since the mevarech will be disconnected and have no meaning by itself. Rav Safra disagreed with him and maintains that even with a pause the meaning is still the same – The great name of Hashem should be blessed.

The Rama 56 rules that one should not pause in between those words. The Magen Avrohom asks that this is against the conclusion of our Gemora. He answers that in actuality it depends on the meaning of yehei shmei rabbah mevarech. According to the Machzor Vitri, the meaning is that Hashem’s name should become great, by becoming complete. In the future, Hashem’s throne will be complete and that is what we are praying for. According to this one should not pause between yehei shmei and rabbah.

The Magen Avrohom concludes that the explanation in the Rama could be that one should not pause for longer than one breath and this would be consistent with our Gemora.

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Tuesday, October 10, 2006

Daf Yomi - Sukkah 38 - Highlights

1. The Mishna rules that if one arrived home from traveling and he did yet not fulfill the mitzvah of lulav, he has the entire day to fulfill the mitzvah. The Mishna rules further that if one commenced his meal without having yet fulfilled the mitzvah, he should interrupt his meal and perform the mitzvah. The Gemara explains that this refers to a case where there is not enough time left in the day to perform the mitzvah and therefore he must interrupt his meal to perform the mitzvah. (38a1)
2. The Gemara speculates that there might be a distinction between a Biblical mitzvah and one that is only Rabbinic in nature. One would be obligated to interrupt his meal to perform a Biblical mitzvah like the mitzvah of lulav. One would not be obligated, however, to interrupt a rabbinical mitzvah such as prayer. The Gemara concludes that one is only required to interrupt his meal if there is not enough time left to perform the mitzvah. If there is enough time, however, he can continue eating even if he has before him a Biblical mitzvah to perform. (38a2)
3. The Gemara further suggests that the Mishna can be referring to the mitzvah of lulav which is a rabbinical obligation on the intermediate days of Sukkos. A proof to this idea is because the Mishna states that he was traveling on the road and arrived at his house, and this clearly cannot be discussing a case that he returned from traveling on the first day of the festival, as one is forbidden to travel on the festival. Rather, the Mishnah refers to a case where he returned from traveling on the intermediate days of Sukkos. (38a2)
4. If one does not know how to recite Hallel by himself, it is preferable to have a male adult recite Hallel for him and he should respond after him the refrain of Hallelukah after the completion of every phrase. If a Canaanite slave, a minor or a woman read Hallel, he must repeat each word after the one reading Hallel. (38a3)
5. The Gemara discusses many halachos which are derived from the manner in which Hallel was recited in the times of Rava. (38a4-38b1-38b2)
6. The Gemara states that originally when Hallel was recited and one did not know how to recite it himself, someone else would recite each phrase and the person who was not familiar with the recital of Hallel would respond with the refrain of Hallelukah. (38b1)
7. The Gemara speculates if one would fulfill the mitzvah if he would listen to the Hallel being recited and he would not respond. The Gemara concludes that one who listens to the Hallel is deemed as having recited Hallel himself and for this reason, even if he does not respond with the refrain of Hallelukah, he has fulfilled his obligation. (38b2)

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Daf Yomi - Sukkah 38 - Befriending the Satan

The Gemora relates that when Rav Acha bar Yaakov would shake the lulav in all the directions, he would say to the Satan, “Look and see that you cannot stop us from performing the mitzvos.” The Gemora concludes that this is not a proper thing to say for it will only stir up the energy of the Satan to entice us to sin even more.

The Aruch Lener comments that Rav Acha himself was not concerned about this for he befriended the Satan and he was secure. The Gemora in bava Basra quotes Levi as saying that the Satan and Penina did their actions for the sake of Hashem. Rav Acha cited this in a drasha and the Satan came and kissed him.

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Daf Yomi - Sukkah 38 - Shomea Keoneh

The Gemora states that originally when Hallel was recited and one did not know how to recite it himself, someone else would recite each possuk and the person who couldn’t say the Hallel would answer Hallelu-kah.

The Gemora speculates as to what the halacha would be if one would listen to the Hallel being recited and he would not respond, would he still fulfill the mitzva? The Gemora concludes that he would.

The Reshash asks from an explicit Mishna in Rosh Hashana that rules in an instance that someone is walking in back of a Shul and hears the Megillah being read, if he has intention to fulfill the mitzva, he fulfills the mitzva. It is evident that one does not have to recite anything and nonetheless he fulfills the mitzva. This is based on the principle that one who hears is as if he has recited. Why is our Gemora pondering this issue?

The Darkei Moshe 167 quotes the Ohr Zorua who rules that when one hears another reciting a brocha and he wants to be yotzei with that brocha, he must answer Amen to the brocha. The Darkei Moshe concludes that there is no basis for this ruling in Gemora or Shulchan Aruch. What is the explanation for the opinion of the Ohr Zorua?

Rav Elyashiv explains that since the Sages instituted that the listener to a brocha should respond with answering Amen, if he doesn’t, it is as if he is not listening to the brocha and he cannot join that person’s brocha.

Perhaps this is the issue in our Gemora. If one doesn’t respond by answering Hallelu-kah, he cannot join the one who is reciting the Hallel and therefore he cannot be regarded as reciting the Hallel himself.

The conclusion of the Gemora is that one who listens to the hallel is as if he himself is reciting it and therefore even if he doesn’t respond with Hallelu-kah, he is fulfilling his obligation. This also explains why the halacha is not in accordance with the Ohr Zorua. Even if one doesn’t answer Amen, by listening to the brocha, it is as if he is reciting it himself.

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Daf Yomi - Sukkah 38 - Remnants of a mitzvah keep one from falling

The Gemara states that shiyarei mitzvah, the remnants of a mitzvah performance, can prevent punishment form occurring. Proof to this is from the waving of the sacrifices, which was not an essential part of the sacrifice, yet the waving would ward off harmful winds and dews. What is the significance in performing the remnants of a mitzvah? Regarding the leftover matzah and maror that the Jewish People brought out with them from Egypt, the Sfas Emes explains that although the essence of the mitzvah performance is reckoned with in heaven, the remnants can protect one in this world. Furthermore, one who performs even the remnants of the mitzvah will be strengthened when he has a period of falling in his spiritual quests. This is the meaning of the Medrash that states that one must remember the Exodus from Egypt even by night, as night symbolizes a time of struggle and failure. One who performs the remnants of the mitzvah will be protected even in the dark nights when one is more prone to falling and struggling. Thus, one should always ensure that he performs a mitzvah whole-heartedly and with joy, so he will always have the protection of the mitzvah.

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Daf Yomi - Sukkah 38 - Chol Hamoed

The Mishna ruled that if someone came home from the road and did not fulfill the mitzvah of lulav yet, he has the entire day left to fulfill the mitzvah. The Mishna continues that if he started eating without fulfilling the mitzvah, he should interrupt his meal and perform the mitzvah. The Gemora explains that this is referring to an instance where there is no more time in the day and that is why he should interrupt his meal to perform the mitzvah.

The Gemora speculates that there might be a distinction between a Biblical mitzvah and one that is only Rabbinic. One would be obligated to interrupt his meal to perform a Biblical mitzvah, such as lulav; however a rabbinical mitzvah, like Tefillah, he would not be obligated to interrupt. The Gemora concludes that one interrupts his meal only if there is no time left to perform the mitzvah, however if there is time, he can continue eating even by a Biblical mitzvah.

Our Mishna can be referring to the Rabbinic mitzvah of lulav on the intermediary days of Sukkos. Proof for this is cited by the fact that the Mishna states that he was coming from the road and that is obviously not referring to Yom Tov Rishon, rather the second days of Yom Tov.

The Ritva states that from here is a proof that Chol Hamoed is referred to as Yom Tov since it is forbidden to do work. He cites other examples to this as well. The reason we do not say in Shemoneh Esrei “Es Yom Tov mikro kodesh hazeh,” is because some work is permitted and it would be degrading to a regular Yom Tov.

There is a debate amongst the poskim (see Magen Avrohom 490:1 and Kaf Hachaim 490:14) if the harachaman in Bircas Hamazon which is reserved for Yom Tov is recited on Chol Hamoed.

Sheorim Mitzuyanim B’halacha states that through this, it can help explain the opinion which maintains that one should not wear tefillin on Chol Hamoed. The Gemora Eruvin 96a rules that we do not don tefillin on Shabbos and Yom Tov since they are referred to as a ‘sign’ and tefillin is a ‘sign.’ Chol Hamoed is also a Yom Tov and therefore tefillin are not worn.

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Monday, October 09, 2006

Esrog with a Gartel from Bar-Kochva

Was Bar-kochva a Chasid?

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Daf Yomi - Sukkah 37 - Highlights

1. Rabbi Yehudah maintains that one can only use the four species for the s’chach of the Sukkah. Rabbi Meir, however, maintains that the s’chach can be from anything, provided that the s’chach grows from the ground and is not susceptible to tumah. (36b3)
2. There is a dispute in the Gemara regarding the permissibility of holding the lulav with a material that interposes between ones hands and the lulav. The Gemara cites one opinion that maintains that the lulav must be held with ones hands and one cannot hold the lulav through any other means. (37b1)
3. The Gemara rules that one is prohibited from smelling and deriving pleasure from the fragrance of the hadassim that are used for the mitzvah. One is permitted, however, to smell the esrog. The Gemara states that the distinction between the esrog and the hadassim is that normally a hadas is used for smelling so prior to Sukkos one sets aside the hadassim for the mitzvah and thus it is set aside from smelling, whereas the esrog is normally used for eating and one sets it aside for the purpose of the mitzvah. Thus, one sets aside the esrog from eating but one does not set aside the esrog from the benefit of smelling. (37b1)
4. The Mishna rules that we shake the lulav when reciting the words hodu laHashem and when reciting the words ona Hashem. There is a dispute between Bais Shammai and Bais Hillel if one shakes the lulav when reciting the words ana HaShem hatzlicha na. (37b2)
5. The Gemara states that the significance of shaking the lulav and esrog is that one shakes them outward and inward to demonstrate that Hashem owns all four directions of the world. One shakes them upwards and downwards to signify that the heavens and the earth belong to Hashem. (37b3)

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