Daf Yomi - Moed Katan 17 - Highlights

There was one young scholar who had a bad reputation (rumors were circulating that he was an adulterer). Rabbi Yehudah said: What shall we do regarding this case? Shall we excommunicate him? The rabbis need him (he was a teacher). Shall we not? The name of Heaven will be profaned. He asked Rabbah bar bar Chanah: Did you hear anything about such a case? He answered him: Rabbi Yochanan said: "It is written [Malachi 2:7]: The kohen's lips safeguards knowledge and people seek Torah from his mouth, for he is like an angel of Hashem. That means: If the teacher resembles an angel, Torah may be sought from his mouth, but not otherwise. Thereupon Rabbi Yehudah excommunicated him. Subsequently, Rabbi Yehudah was taken ill and the rabbis made him a sick-call, among whom was also that young scholar. When Rabbi Yehudah saw him, he laughed. He said to Rabbi Yehudah: Is it not enough that you excommunicated me, you still laugh at me? Rabbi Yehudah answered him: I do not laugh at you, but in the World to Come I will be proud to say that I was not biased even towards so great a man as you.

When Rabbi Yehudah died, the young scholar came to the Beis Medrash and asked to be absolved from the ban, and the rabbis answered him: There is not here a man equal in esteem to Rabbi Yehudah to absolve you. Go to Rabbi Yehudah Nesiah, and he may absolve you. He went to him. Rabbi Yehudah Nesiah said to Rabbi Ami: Go and examine his case, and if found favorable, absolve him. Rabbi Ami did so, and was about to absolve him when Rabbi Shmuel bar Nachmeini arose and said: Even when the maidservant of the house of Rebbi excommunicated someone, the sages respected it for three years, how much more so should we respect Yehudah our colleague. Rabbi Zeira said: How did it happen that this elderly man came today to the Beis Medrash after an absence of several years? It is evident that the young scholar should not to be absolved from the ban.

The scholar left weeping, and on the way he was stung by a bee and he died. His corpse was brought to the burial graves of the pious, and they did not accept it; he was then removed to those of the judges, and was accepted. Why was this? For he acted in accordance with Rabbi Ilai’s ruling cited in a braisa: If one cannot withstand the temptation, he shall go to a place where he is not known, and shall dress in black and wrap himself in black and do as he pleases, but shall not profane the name of Heaven openly.

The Gemora proceeds to relate the occurrence with the maidservant of the house of Rebbi. The maidservant of the house of Rebbi saw once one beating his grown-up son, and she said: Let that man be excommunicated, for he has transgressed the commandment [Vayikra 19:14]: You shall not put a stumbling block before the blind (the son might retaliate and transgress the prohibition against striking his father). (17a)

Rish Lakish was watching an orchard, and there came a certain man and ate some of the figs. Rish Lakish shouted to him not to do it, but he paid no attention to him. Rish Lakish then said: Let this man be excommunicated. The man answered him: On the contrary, let that man be excommunicated; for if I am responsible to pay the damages, am I then liable to be excommunicated? When Rish Lakish came to the Beis Medrash, he was told: His excommunication towards you is valid, but not yours. Rish Lakish asked: Is there a remedy? They told him: Go and ask his pardon. But I do not know where to find him, Rish Lakish replied. He was told: You have to go to the Nasi in order to be released, as we have learned in a braisa: One who was been excommunicated and he does not know by whom; he must go to a Nasi in order to be absolved. (17a)

When Mar Zutra the Pious was compelled to excommunicate a young scholar, he first excommunicated himself and then the young scholar. When he entered his residence, he first absolved himself and then the young scholar.

Rabbi Gidel said in the name of Rav: "A scholar may excommunicate himself and afterward absolve himself.

Rabbi Papa said: I may be rewarded since I have never excommunicated a young scholar. What would he do if a scholar was deserving of excommunication? He would do as they did in Eretz Yisroel; they administered lashes to him (they regarded lashes as a less severe form of punishment and were concerned for the honor of the scholar). (17a)

The Mishna had stated: A nazir and a metzora may take a haircut during Chol Hamoed. The Gemora cites a braisa: One who arrives from overseas, or he was freed from captivity, or he left prison may take a haircut during Chol Hamoed provided that he did not have time prior to the festival; a nazir and a metzora can take a haircut during Chol Hamoed even if he did have time prior to the festival since we do not want their korbanos to be delayed any longer.

The Gemora discusses a case where a mourner’s seventh day of mourning falls out on Shabbos, which was the day prior to the festival. One Tanna maintains that part of the day is like the entire day and the seventh day counts for the last day of mourning and the first day of the sheloshim (thirty days of mourning); since he cannot cut his hair on Shabbos, he may cut his hair during Chol Hamoed. Another Tanna disagrees because he holds that a part of the day is not like the entire day and therefore the sheloshim would not begin until Sunday; it emerges that he could not have cut his hair on the seventh day even if it was a weekday. Shabbos did not prevent him from cutting his hair and therefore he cannot cut his hair during Chol Hamoed. (17b)

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Daf Yomi - Moed Katan 16 - Blasphemous Words Regarding a Beis Din

The Gemora states: The agent of the Beis Din is permitted to report back to the Beis Din the derogatory words of the defendant and it is not considered loshon horah (slander). Scriptural proof is cited from the fact that Dasan and Aviram’s words were reported back to Moshe and Moshe accepted the report as true.

The Chasam Sofer asks: The Yerushalmi states: One is permitted to speak loshon horah on baalei machlokes (people causing arguments); what is the proof that one is allowed to repeat the blasphemous words of the defendant from the fact that the agent informed Moshe regarding Dasan and Aviram’s words; they were involved in an argument and it would be permitted for anyone to speak about them?

Gilyon Hashas answers: The reason why the Yerushalmi permits one to talk about people stirring a dispute is only if it is for the sake of quieting the argument; it is obvious that it is forbidden to talk about them if the intention is to arouse more strife. The agent who told over to Moshe the offensive words of Dasan and Aviram was causing the quarrel to become stronger and therefore it would have been forbidden to repeat if not for the fact that there is a special permission granted to an emissary from Beis Din.

The Ritva explains that the reason for this authorization is because people will become careful not to insult Beis Din and to refrain from saying disparaging remarks regarding the Beis Din.

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Daf Yomi - Moed Katan 16 - UFO's

The Gemora cites proof that a defendant who does not pay attentions to the summons of the Beis din can be excommunicated form the verse in Shoftim [5:23]: Curse Meiroz! Meiroz was excommunicated because he did not listen when Barak and Devorah called on him to battle the Canaanites. According to one version in the Gemora, Meiroz was a star.

I was informed that Rabbi Aryeh Kaplan talks about this Gemora in regards to an alien world. I found this article.

Rabbi Kaplan

ONE OF THE UNIQUE ASPECTS of Judaism is its far-reaching universality. Not only does Judaism provide a lesson for every human being, its teachings extend to the very boundaries of the universe.

It is an axiom of Judaism that the entire universe was created for the sake of man.1 In one place, the Talmud reckons that there are some 1018 stars in the observable universe,2 and explicitly states that they were all created for the sake of man. It goes further to state that all the angels and spiritual worlds also only exist for this purpose.3

Of course, this immediately raises a question that many find quite difficult. How is it possible that man, living on a dust mote called the planet Earth, should be the center of the universe? Our Sages realized the vast number of stars in the universe, and also realized that many of them were many orders of magnitude larger than the Earth.4

Actually, this question was first raised in the eighth Psalm:5

When I behold Your heavens,

The moon and the stars

that You have established;

What is man that You consider him?

Or the son of man that You think of him?

Yet You have made him a little lower than the angels,6

You have crowned him with glory and honor,

You made him master of Your creation,

You placed all under his feet.

It should be quite simple to understand that size and quantity alone are meaningless to an infinite God. There is absolutely no question that the human brain is vastly more complex than the greatest galaxy, and furthermore, that it contains more information then the entire observable inanimate universe. Beyond that, man is endowed with a Divine soul that towers over even the highest angels.7

Although the creation of such a vast universe for the sake of man does not defy logic, we still need to seek out a reason for its necessity. Some sources8 state that by contemplating the greatness of the universe, one can begin to comprehend that of God, and thereby fear Him all the more. However, if we speak of the possibility of extraterrestrial life, we must explore the question somewhat further.

One of the first to discuss the question of extraterrestrial life in general was Rabbi Chasdai Crescas.9 After a lengthy discussion, he comes to the conclusion that there is nothing in Jewish theology to preclude the existence of life on other worlds.

As possible evidence for extraterrestrial life, he then quotes the Talmudic teaching that God flies through 18,000 worlds.10 Since they require His providence, we may assume that they are inhabited.

Of course, this Talmudic quotation is by no means absolute proof, for it may be speaking of spiritual worlds, of which an infinite number were created.11

One could also attempt to support this opinion from the verse (Psalms 145:13), "Your kingdom is a kingdom of all worlds"12 However, here, too, this may be speaking of spiritual universes.

The exact opposite opinion is that of Rabbi Yosef Albo, author of the Ikkarim.13 He states that since the universe was created for the sake of man, no other creature can exist possessing free will. Since any extraterrestrial life would neither have free will nor be able to serve a creature having free will (as terrestrial animals and plants serve a terrestrial man), they would have no reason for existing and therefore be totally superfluous.14

One could bring some support to this second opinion from the Talmudic teaching that every land where it was not decreed for man to live was never subsequently inhabited.15 However, here again, it is not absolute proof, since this may only refer to our planet.16

Between these two extremes, we find the opinion of the Sefer Habris17 who states that extraterrestrial life does exist, but that it does not possess free will. The latter is the exclusive possession of man, for whom the universe was created. The 18,000 worlds mentioned earlier, in his opinion, are inhabited physical worlds.

The proof that he brings for his thesis is most ingenious. In the song of Deborah, we find the verse Judges 5:23), "Cursed is Meroz ... cursed are its inhabitants." in the Talmud"18 we find an opinion, that Meroz is the name of a star. According to this opinion, the fact that Scripture states, "Cursed is Meroz ... cursed are its inhabitants" is clear proof from the words of our Sages for extraterrestrial life.

Of course, even this proof is subject to refutation. For the Zohar19 also follows the opinion that Meroz is a star, yet states that "its inhabitants" refers to its "camp," that is, most probably, to the planets surrounding it. Nevertheless, the simple meaning of the verse seems to support the opinion of the Sefer Habris.

The Sefer Habris goes on to say that we should not expect the creatures of another world to resemble earthly life, any more than sea creatures resemble those of land.

He further states that although extraterrestrial forms of life may possess intelligence, they certainly cannot have freedom of will. The latter is an exclusive attribute of man, to whom was given the Torah and its commandments. He proves the latter thesis on the basis of the above mentioned Talmudic teaching that all the stars in the observable universe were created for the sake of man.

One may ask: if the inhabitants of extraterrestrial worlds, such as Meroz, have no free will, why were they cursed? However, we do find that beings, such as angels, can be punished for wrongdoings even though they do not have free Will.20

However, the basic premise that of all possible species only man has free will, is well supported by the great Kabbalist, Rabbi Moshe Kordevero in his Pardes Rimonim.21 Using tight logical arguments, he demonstrates that there can be only one set of spiritual worlds. Although God would want to maximize the number of recipients of His good, His very unity precludes the existence of more than one such set. Since this set of worlds deals specifically with God's providence toward man because of his free will, this also precludes the existence of another species sharing this quality.

The basic premise of the existence of extraterrestrial life is strongly supported by the Zohar. The Midrash teaches us that there are seven earths.22 Although the Ibn Ezra tries to argue that these refer to the seven continentS,23 the Zohar clearly states that the seven are separated by a firmament and are inhabited.24 Although they are not inhabited by man, they are the domain of intelligent creatures.25

We therefore find the basic thesis of the Sefer Habris supported by a number of clear-cut statements by our Sages. There may even be other forms of intelligent life in the universe, but such life forms do not have free will, and therefore, do not have moral responsibility.

Freedom of will, however, is not at all an observable quantity. Even its existence in man has been hotly debated by the secular philosophers. Indeed, the main proof that man does indeed have free will comes from the fact that God has given him moral responsibility, namely the Torah.26 It is in this sublime, yet unobservable quality, that man is unique.

However, if we assume this to be true, we would return to the basic question of Rabbi Yosef Albo, mentioned earlier: If such creatures never have any utility for man, what is their reason for existence?

We find a most fascinating answer to this question in the Tikunei Zohar.27 Speaking of the verse (Song of Songs 6:8), "Worlds28 without number" the Tikunei Zohar states, "The stars certainly are without number. But each star is called a separate world. These are the worlds without number."

The Tikunei Zohar further states that every Tzaddik (righteous man) will rule over a star, and therefore have a world to himself.29 The 18,000 worlds mentioned above would therefore be that number of stars, presided over by the 18,000 Tzaddikim that are alluded to in the verse (Ezekiel 48:35), "Around Him are eighteen thousand."30 However, these may only refer to those worlds visited daily by the Divine Presence, but there may be innumerable worlds for the lesser Tzaddikim.

We therefore have a most fascinating reason why the stars were created, and why they contain intelligent life. Since an overcrowded Earth will not give the Tzaddikim the breadth they require, each one will be given his own planet, with its entire population to enhance his spiritual growth.

Once we know that the stars and their planets were created as an abode for the Tzaddikim, we might naturally wonder how they will be transported to them. However, the Talmud even provides an answer to this question. Discussing the passage (Isaiah 40:31), "They shall mount up with wings as eagles," the Talmud states that in the Future World, God will grant the Tzaddikim wings to escape the Earth.31 The Zohar goes a step further and states that "God will give them wings to fly through the entire universe."32

In a way, this teaching predicts the event of space travel. But more than that, it provides us with at least one of the reasons why space flight would be inevitable as part of the prelude to the Messianic age. This, of course, could bring us to a general discussion of the role of modern technology in Torah hashkafah (perspective), a lengthy subject in its own right.



NOTES

1. Bereshis Rabbah 1:6, Koheles Rabbah 1:9, Tanna DeBei Eliahu Rabbah 14; Emunos VeDeyos 4. Cf. Sanhedrin 4:5 (37a).
2. Berachos 32b. The exact number given there is 1.0634 x 1018, very close to the number of stars in the observable universe.

3. Cf. Chagigah 12b, Chulin 91b, Esther Rabbah 7:18.

4. Pesachim 94a, Yad,, Yesodei HaTorah 3:8.

5. Cf. Malbim ad loc., Akedas Yitzchak 5 (43a).

6. Cf. Zohar 1:57b top.

7. Cf. Emunos VeDeyos 4:2, Shaarei Kedushah 3:2. Nefesh HaChaim 1:10.

8. Zohar 1: 1 lb, Reshis Chochmah 1:2; Yad, Yesodei HaTorah 2:2, 4:12@ Cf. habbos 32b, Berachos 57a.

9. Or HaShem 4:2, Rabbi Chasdai Crescas was the mentor of Rabbi Yosef Albo, author of the ikkarim.

10. Avodah Zarah 3b.

11. Cf. Etz Chaim 3:1.

12. Cf. Targum ad I(>c.

13. Quoted in Sefer HaBris 1:3:4.

14. Cf. Emunos VeDeyos 1:1, Kuzari 1:67, Moreli Nevuchim 2:13.

15. Berachos 31 a.

16. Cf. Kol Yehudah on Kuzari 2:20 (34a).

17. 1:3:3.

18. Moed Katan 16a.

19. Zohar 3:269b end.

20. Cf. Bechaya on Genesis 3:6, Exodus 23:21; Sefei Chasidim 530.

21. Pardes Rimonim 2:7. Cf. Shefa Tat 1:3.

22. Vayikra Rabbah 29:9, Shir HaShirim Rabbah 6:19 Avos OeRabbi Nassan 37. Cf. Pirkei DeRabbi Eliezer 18, but see HaGra on Sefer HaYetzirah 4:15 that these refer to spiritual worlds.

23. Ibn Ezra on Gen. 1:2.

24. Zohar 3:10a.

25. Ibid. 1:9b, 1:157a, Pardes Rimonim 6:3. See also Tosafos, Minachos 37a "O Kum." The Chida in his Pesach Eynayim, ad loc., states that since he did not live on this earth, he was exempt from all Mitzvos.

26. Cf. Yad, Tshuvah 3:4.

27. Tikunei Zohar 14b.

28. The Hebrew word here is Almos, young maidens. However, it can also be vocalized as Olamos or worlds.

29. Sli'mos Rabbah 52:3. Cf. Uktzin, end.

30. Succah 45b. Cf. lyun Yaakov (on Eyen Yaakov) Avodah Zarah #5.

31. Sanhedrin 92b.

32. Zohar 1: 1 2b.

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haveil havalim # 111 - March 25, 2007

Welcome to the March 25, 2007 edition of haveil havalim.

Since this is a Torah blog, let us begin with a short vort (Torah words) on today's Daf and it will hopefully serve as an inspiration for all of us.

A MOURNER IS INCOMPLETE

The Gemora states: A mourner is not permitted to send his sacrifices to the Beis Hamikdosh through an agent. The Gemora cites a braisa: Rabbi Shimon said: It is written [Vayikra 3:1]: And if a sacrifice of a shelamim is his offering; the word shelamim meaning whole indicates that a person can only offer a korban if he is whole and not when he is an onein (one whose close relative passed away and has not been buried yet – the halacha of bringing a korban applies to a regular mourner as well).

The Sheim Mishmuel comments: It is evident from this Gemora that a mourner is considered "incomplete" in his ability to serve Hashem properly; he lacks perfection of the soul.

The Torah did not command a mourner to conduct the halachos of mourning as a punishment, but rather as a remedy; not only for the deceased but also for himself. When a person is incomplete, he is in grave danger of becoming complete through the powers of the Evil Inclination. When sanctity departs from a person, the Evil Inclination (Sitra Acher) desperately strives to replenish that void and reside in that area. The Torah decrees that a mourner will remain in a state of incompleteness in order to ensure that the Evil Inclination does not take up residence in the location of the mourner's incompleteness.

With this understanding, he explains why it is found that Shulchan Aruch is lenient in many areas of the halachos of a mourner. The Poskim from the later generations have even been more lenient than their predecessors. Why is this? It is because the reason that the mourner should conduct himself with all the halachos of mourning is to ensure that he remains incomplete in a manner that the Evil Inclination will not replace that emptiness. The Chachamim of every generation have weakened the strength of the Evil Inclination and therefore they felt that they can be more lenient regarding the halachos of a mourner.

An important lesson can be learned from here: A person should be extremely careful not to become depressed or sad because that creates a vacuum in which the Evil Inclination can enter, and he can become entrapped in a way that it will be extremely difficult to escape from. This is why the Torah commands that one should attempt to always serve Hashem through happiness and content.

With this in mind, let us hop aboard on a journey through the Jewish blogosphere of last week and with G-d's help, all these wonderful articles will jumpstart our day and week, and will assist us in being better and happier people, which will lead us ultimately to serve Hashem in the way He wants us to.

Rabbi Joshua Maroof presents Dairy, Meat and Hebrew posted at Ask The Rabbi. His answer is just bliss for the Sefardim.

Cahim B. presents learning hilchos Yom Tov 30 days before the chag posted at Divrei Chaim. Bringing the simcha of the festival even earlier.

Rabbi Brody presents Beams Weekend: The Radiant Home Series posted at Lazer Beams. He's the king of radiance.

Chaim presents Shoveling Snow on Shabbos posted at Nefesh HaChaim. Resting on Shabbos is pleasure - shovel after havdalah.

Josh presents Absolut Haggadah: What Do You Mean, It Would Have Been Enough Had God Stranded Us On The Shore of The Red Sea at the Mercy of the Egyptians? + My Take posted at parshablog. We would have been happy if........

Rabbi Brody presents Weekend Beams: Parshat Vayikra posted at Lazer Beams. The more we discard ego and self-interest, the more Hashem grants us success.

Avrohom adler presents Daf Yomi - Moed Katan 6 - CONNECTION BETWEEN THE SHEKALIM AND KILAYIM posted at Daf notes. Uniting with others makes one complete.

Moshe David presents VaYikra 5631 Second Ma'amar posted at Sfas Emes. The mitzvos themselves sanctify us thereby helping us to perform them.

Reb Oizer presents Parshas Vayikra posted at Parsha Potpourri. Confession and repentance - keys for fulfillment.

Robert presents Shmiras HaLashon י"בּ טבת - Teves 12 - One-Hundred-and-Second Day posted at Shmiras HaLashon - שמירת הלשון. The suffering [that a person undergoes] brings appeasement [to HaShem] more than do the sacrifices.

A simple Jew presents An Unheeded Call posted at A Simple Jew. Feel the inspiration.

Rabbi Joshua Maroof presents Trickle-Down Spirituality posted at Vesom Sechel. The material world does us in.

Kashrut

Muse presents Interesting Psak About Kitniyot on Pesach posted at me-ander. The matzah doesn't do enough wonders to the stomach? Pesach chollent with beans, pure ecstasy!!

Muse presents When to switch? posted at me-ander. The women are laughing (perhaps my wife will smile this week).

Judaism

flickr presents Pesach 5767 on Flickr - Photo Sharing! posted at Not Quite Perfect. Everyone enjoys mocking Al Gore.

Mottel presents Here We Go Again -Gearing Up for Pesach posted at Letters of Thought. When we're finished, we will definitely be happy.

Rafi G presents Shehting korbanos posted at Torah Thoughts. Vegetarians are smiling from ear to ear.

ari kinsberg presents Israeli Animals, or the Israeli Zoo posted at Ari's Blog. A good Chol Hamoed trip will result in joy for the entire family.

Shoshanah presents Paleoneurology posted at Sweet Rose Ramblings (AKA The Call-Waiting Blog). Darwin and company will not be singing and dancing.

V presents Pesach Food and Prices - It?s our fault! posted at V's Jewish Blog. Aren't you smiling when you look over those receipts? My daughter just exclaimed "$250.00 for what? Three bags of groceries?"

Shael presents A Bintel Brief posted at Rabbi Shael Speaks.... Let's pray that the letter will bring about a happy marriage.

Josh presents Introducing the Absolut Haggada posted at parshablog. Sure way to lead to a fulfilling seder.

Carl in Jerusalem presents French Jews petition for asylum in the US posted at Israel Matzav. As a Jew, I am happy that they have awoken to their reality and are seeking to leave (hopefully in time to save themselves) and wish them well.

Gail presents Budapest posted at Rubicon3. The wonders of our community.

Soccer Dad presents Hebron, Moshe Shamir, Z"L, and Memories posted at Shiloh Musings. Memories can be comforting.

Jameel presents Pre-Pesach Observations in Israel posted at The Muqata جميل في المقاطعة. He wants you to enjoy Pesach.

Reb Benr presents Pesach Stringencies posted at Drush and Agadata. Doesn't everyone just love another stringency? Reb Ben's gratifying explanation.

Blogmeister presents Chabad Moves To Conquer the West! posted at Jewish Blogmeister. Montana Rocks!!

Gil Student presents Hirhurim - Musings - The Stability and the Flexibility of the Torah posted at Hirhurim - Musings. Stability is complacency.

Yonathan Ben Shimshon presents Why aren't coffee beans kitniyot? posted at The Kitniyot Liberation FrontEight days without coffee will not be fun!!!

Avromi presents First Try at it posted at Jewish Blog Definitions. Still smiling at the criticism I received, but will improve.

Rafi G presents Kitniyot is now muttar!!! posted at Life in Israel. Soaking the beans in water through the night will help tons.

Shmais presents A Chabad House in West Virgina? posted at Life of Rubin Blog. It's a wonderful community; everyone is very welcoming

A Simple Jew presents An Impediment To Pesach Cleaning posted at A Simple Jew. Don't you just love that snapping sound?

Elie presents Diminished Houses posted at Elie's Expositions. Comfort us in our bereavement and allow us to once again move towards timimus, wholeness.

Jack presents WJEW: Jewish Teen Radio from the North Coast posted at Teruah - Jewish Music, saying, "music and culture blog. Post about new Reform synagogue based internet radio station."

Culture

Dag presents The voice of an Abused Spouse: posted at There are no Feminists on a sinking Ship. Sad story, but talking about it can help others.

Irina presents Shoo Away The Paranoia posted at The Ignoble Experiment, a.k.a. Live Dangerously!, saying, "Review of "300"" Irina's posts make everyone smile, no matter what they're about.

Jewish Blogmeister presents Weschester: NO MORE LIGHT BULBS! posted at Jewish Blogmeister. Al Gore will not be excited.

Josh presents Zecher Le-Mekadesh Kal-el posted at parshablog. Comics for a good hearty laugh.

Avi Green presents Eurovision approves controversial Israeli entry posted at Tel-Chai Nation. Showbiz and mockery - fun topics.

Psycho presents Ready for Prime Time posted at Psycho Toddler. A Gevaldige Zach.....Yeshiveshe shprach.........

Robert J. Avrech presents Hollywood Ponders 300 posted at Seraphic Secret, saying, "Maybe you should add a new category: Hollywood."

Politics

Carl in Jerusalem presents Embassies preparing to evacuate Tehran posted at Israel Matzav. Tehran won't be happy, but I get the feeling that they don't really care either.

Annie presents Even if it doesn't matter to you, it matters to me posted at Boker Tov Boulder. Obama does look like he's having a good time.

Avrohom adler presents Obama - Good for Jews? Maybe Not posted at How Orthodox Jews should Vote. Talking 08 so early is not good for the happiness level.

Yisrael Medad presents Jewish Blog Mixing-It-Up? posted at My Right Word, saying, "Seems MyRightWord has stumbled on to a bit of internecine Jewish in-fighting, started off by Failed Messiah who attacks Ezzie and Hirhurim." Fighting is almost never good.

Agent Azure presents Muslim Cleric Blames Drought On Faithless Aussies posted at SimplyJews. Depression is the aussies fault as well.

Israel

Carl in Jerusalem presents Israel can't give enough of Jerusalem to satisfy the Arabs posted at Israel Matzav. They will never be satisfied.

Jand presents Secular Blasphemy posted at Secular Blasphemy. That computer tech was not happy, to say the least.

Rick Richman presents Brave Critics of Israel posted at Jewish Current Issues. tempers are flaring here.

ZionistYoungster presents Some Choice… posted at Our Children Are The Guarantors. The simple truth is pleasing.

Yisrael Medad presents Shavit Sputters posted at My Right Word, saying, "MyRightWord is unimpressed with the logic of Ari Shavit."

Sammy Benoit presents Why do Islamofacists turn their kids into Bombs ? posted at YID With LID. They are taught "eternal ecstasy."

michael presents While Israel Sleeps posted at Oleh Musings, saying, "There is a problem with the Israeli polity, and we need to wake up to it." Respecting ourselves will lbe gratifying.

Daled Amos presents BEHIND THE SCENES INVESTIGATION OF MUSLIM CHARITIE... posted at Daled Amos. They will not be cheering that this was brought to light.

A Jewish Blog presents Never Forget Gilad Shalit, Ehud Goldwasser, and Eldad Regev posted at A Jewish Blog. Let us keep praying.

ari kinsberg presents Bluetooth in Hebrew (And English Names in Gittin) posted at Ari's Blog. Who doesn't get a kick out of poking a little fun at Israelis?

Yitz presents BYE-BYE ISRAEL: A WARNING posted at Shiloh Musings. Only a satire, but scary nonetheless.

Batya presents A Bissel more Balanced than Usual posted at Shiloh Musings. The media turning is a cause for celebration (but it probably is just a bump in the road).

Judith presents An Open Letter to Members of "Breaking the Silence" posted at Kesher Talk. That group does not give us great pleasure.

Hillel presents 'Blatant Double Standards' in Police Investigations - Inside Israel - Israel News - Arutz Sheva posted at Israel National News. The suspension of the three policemen is very grave.

Barbara presents ISRAEL AND ME: PTSD OF THE TERRORIZED posted at BARBARA'S TCHATZKAHS. These tools are aimed at helping you become calmer, healthier and stronger.

Carl in Jerusalem presents Haifa Chemicals plant was hit by rocket during war posted at Israel Matzav. Retroactive jubilation.

SnoopyTheGoon presents Confusion in the Arab street posted at SimplyJews. Check out the pic at the end.

Webutante presents Israeli High School Students Talk about Their "Journey Through Israel" and Upcoming Military Service posted at WebutanteA sobering effect.

Carl in Jerusalem presents US and EU to meet with Kfar Darom murderer Muhammed Dahlan posted at Israel Matzav. This story will not make you happy, but it's an important reminder.

Mediacrity presents The Times Inaugurates 'Palestine' posted at Mediacrity. The Times is just giddy about them.

Joel presents Apartheid Reality Check posted at It's Almost Supernatural. He is fed up!

Carl in Jerusalem presents Death notice for the State of Israel posted at Israel Matzav. That gets Niturei Karta elated, but the rest of us boiling.

Dr. Sanity presents UNITY, BUT PROBABLY NOT PEACE posted at Dr. Sanity. all can be happy in their respective delusions

Jan presents Hamas claim sniping attack as Norwegian delegation visits posted at Secular Blasphemy. willing to hug them

Carl in Jerusalem presents $1.2 billion posted at Israel Matzav. Hamas is sure jumping for joy.

Forkum presents Emblematic posted at Cox & Forkum. assume the best

Yisrael Medad presents The New Anti-Olmert Advert posted at My Right Word, saying, "MyRightWord does us a favor and translates a pwoerful anti-Olmert political advert from the Reservists group." They will be tickled and thrilled with your donation.

Sammy Benoit presents Shelach Lecha All Over Again posted at YID With LID. These people are just depressing. Thank G-d, it doesn't rub off on the rest of us.

Yourish presents Anti-Semitism roundup posted at Yourish.com. They laugh at that kind of rhetoric.

Jameel presents Only in Israel... posted at The Muqata جميل في المقاطعة. buy your wife something nice for the chag." I thanked him and smiled to myself.

History

Elder presents March 18, 1948: Arabs threaten Hadassah Hospital posted at Elder of Ziyon. A sickening attack.

Eric presents Uncle Leo's Medals posted at Is That Legal?We hope for some sort of happy ending to this story.

Webloggin presents Webloggin - Blog Archive » A WWII Hero That History Almost Forgot posted at Webloggin. A hero from the past.

Jon Swift presents Fred Thompson Kicks Gandhi's posted at Jon Swift, saying, "Gandhi even stuck to his principles when it came to the Holocaust. He believed that Jews in Germany should have committed suicide en masse because it "would have aroused the world and the people of Germany to Hitler's violence." It's a good thing Jews stuck to the plan they had instead of following Gandhi's advice, or a lot more of them would have died in the Holocaust."

Antisemitism

Obadiah presents Why bait the haredim? posted at Samson BLinded. beacon of light in a sea of black hats

Backspin presents Walt and Mearsheimer Book In the Works posted at Backspin. Crimson faced

Ryan Jones presents Palestine: Jews not welcome here posted at Zionist.com, saying, "The takeover of an empty home in Hebron by new Jewish landlords and their tenants has presented yet another opportunity to unmask the wretchedness and racism of Palestinian Arab society toward those it claims to seek peace with."

Sammy Benoit presents The Most Anti-Semitic Country Award goes to? posted at YID With LID. Nope, not happiness, more like excruciating pain.

Sammy Benoit presents Isn't Farrakhan Dead YET? posted at YID With LID. He certainly was not preaching joy, enchantment and harmony.

Personal

Barbara presents EXTREME SOUL MAKEOVER posted at BARBARA'S TCHATZKAHS. A home rebuilding.

Robert presents All These Things posted at Seraphic Secret. good and evil, joy and tragedy

Barbara presents SECOND, THIRD OR FOURTH CHANCES posted at BARBARA'S TCHATZKAHS.

Happy Mom presents What does Hashem want from me? posted at Baby Lox. To serve Him with joy (Hatzlacha on number seven).

Humor

bec presents chametz bags posted at lost in bec's world. The five year olds are enjoying the feast.

Sammy Benoit presents JIMMY CARTER HAS ANOTHER NEW BOOK COMING OUT !!! posted at YID With LID, saying, "Sorry for the last minute submission. I wrote this just before Shabbos and just got home. But Its a good satire I hope you agree." Humor and satire go great with the theme. Jimmy Carter doesn't.

TherapyDoc presents A Hollywood Purim Shpiel posted at Everyone needs therapy? Lessons from a family therapist, saying, "In Hollywood they do things differently. I think this one's hysterical." Hilarious, laughing, funny - all great words for the theme of the week.

That concludes this edition. I hope you enjoyed it and I pray that we were all inspired to try to always be happy, for as Dennis always says "Happy people are better people." Shavua Tov and Chag Sameach.

Avrom

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Daf Yomi - Moed Katan 15 - A Mourner's Void

The Gemora states: A mourner is not permitted to send his sacrifices to the Beis Hamikdosh through an agent. The Gemora cites a braisa: Rabbi Shimon said: It is written [Vayikra 3:1]: And if a sacrifice of a shelamim is his offering; the word shelamim meaning whole indicates that a person can only offer a korban if he is whole and not when he is an onein (one whose close relative passed away and has not been buried yet – the halacha of bringing a korban applies to a regular mourner as well).

The Sheim Mishmuel comments: It is evident from this Gemora that a mourner is considered “incomplete” in his ability to serve Hashem properly; he lacks perfection of the soul.

The Torah did not command a mourner to conduct the halachos of mourning as a punishment, but rather as a remedy; not only for the deceased but also for himself. When a person is incomplete, he is in grave danger of becoming complete through the powers of the Evil Inclination. When sanctity departs from a person, the Evil Inclination (Sitra Acher) desperately strives to replenish that void and reside in that area. The Torah decrees that a mourner will remain in a state of incompleteness in order to ensure that the Evil Inclination does not take up residence in the location of the mourner’s incompleteness.

With this understanding, he explains why it is found that Shulchan Aruch is lenient in many areas of the halachos of a mourner. The Poskim from the later generations have even been more lenient than their predecessors. Why is this? It is because the reason that the mourner should conduct himself with all the halachos of mourning is to ensure that he remains incomplete in a manner that the Evil Inclination will not replace that emptiness. The Chachamim of every generation have weakened the strength of the Evil Inclination and therefore they felt that they can be more lenient regarding the halachos of a mourner.

An important lesson can be learned from here: A person should be extremely careful not to become depressed or sad because that creates a vacuum in which the Evil Inclination can enter, and he can become entrapped in a way that it will be extremely difficult to escape from. This is why the Torah commands that one should attempt to always serve Hashem through happiness and content.

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Daf Yomi - Moed Katan 15 - An Excommunicate Studying Torah

Rav Yosef cites a braisa: One who has been excommunicated can teach others and they can teach him; he can be hired by others and others can work for him. However, one who has been placed in cherem (one who has been excommunicated twice for thirty days) cannot teach others and they cannot teach him; he cannot be hired by others and others cannot work for him, but he should study by himself in order not to interrupt his studies; he may also make a small store for a source of revenue.

The version of the Rosh states: he should study by himself in order not to lose his learning. The Reshash cites a braisa in Meseches Semochos which states that the reason he should learn is in order not to forget his learning. The Rambam states this reason as well.

A question is asked: Doesn’t every Jew have an obligation to study Torah? What is different about a person that has been placed in cherem, that he should study Torah only because of the concern that otherwise he might forget his learning?

A similar question is asked (Igros Moshe Y”D 2:110; B’Toroso Yehegeh p. 185) on the Rambam in Hilchos Talmud Torah (1:10) who states: Until when is a person obligated to study Torah? Until the day he dies. The Rambam cites a verse in the Torah and concludes: And if there is a time that he will not be engrossed in studying Torah, he will forget his learning. Why is that necessary? Would a person be exempt from studying Torah if he is confident that his learning will not be forgotten?

Any thoughts?

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Daf Yomi - Moed Katan 15 - IMMERSION OF A BAAL KERI

The Gemora cites a braisa: It is written [Devarim 4:9]: Make them known to your children and your children's children and the next verse states: The day that you stood before Hashem, your G-d in Choreb. We derive from the juxtaposition of the two verses that just as when the Jews stood at Mount Sinai and received the Torah, they did so in dread and awe, with trembling and fear, so too, when torah is being studied in all future generations, it must be learned with dread and awe, with trembling and fear. It is learned from here that a baal keri, one who experienced a seminal emission, is prohibited from reading the Torah, Prophets and Writings, nor can he study the Medrash, Talmud, Halacha and any Aggadic teachings. This is because the baal keri developed a tumah which occurred through levity and this is in contrast to the feelings of awe which are required when studying Torah.

The Gemora in Brochos (22a) states that one who is a baal keri should immerse himself in a ritual bath before studying Torah or praying. This is known as Tevilas Ezra.

The Gemora (ibid) states that nowadays Tevilas Ezra has been nullified. The Rif explains: Some say that it was nullified completely and a baal keri is not required to immerse himself in a mikvah prior to studying Torah or praying and others say that it was limited to studying Torah, but one would still be required to immerse himself in a mikvah prior to praying. He concludes: It is not required to immerse in a mikvah; nine kavin of water poured on his body will be sufficient.

Rabbeinu Hai Gaon states: Since it is not explicit in the Gemora, a baal keri must follow the custom of all the Jewish people and he should not commence to pray until he washes himself.

The Raavad in Sefer Haeshkol asked Rabbeinu Hai Gaon as to what should be done if one becomes a baal keri on Shabbos or on a festival when he cannot immerse himself in a mikvah. He responded that he remembers many Shabbosos being by Rav Aharon Gaon when they prayed in his house and Rav Aharon Gaon would not pray at all.

The Rambam (Hilchos Krias Shema) writes that Ezra’s enactment did not spread throughout Klal Yisroel and a majority of the community was not able to maintain it, therefore it became nullified. It has become the custom throughout Klal Yisroel to study Torah and recite Kerias Shema even while they are a baal keri since Torah is not susceptible to becoming tamei.

The Rambam in Hilchos Tefillah (4:4) writes that Ezra instituted that a baal keri should not study Torah until he immerses himself in a mikvah and a later Beis Din extended this decree to include tefillah. This was not on the account of tumah, but rather because they did not want the Talmudic scholars to be constantly with their wives like roosters. The decree regarding tefillah became nullified because the original enactment did not catch on throughout Klal Yisroel and a majority of the community was not able to maintain it. It has become the custom in certain areas for a baal keri not to pray until he washes his entire body with water based on the verse: One should prepare himself before greeting Hashem, the G-d of Israel.

The sefer Brocha Mishuleshes writes that it only became nullified in instances where one cannot locate a water source, however where water is accessible, a baal keri should not study Torah or pray until he washes himself. He concludes that one Beis Din does not have the power to nullify the decrees of a previous Beis Din.

It is written in Shailos V’teshuvos min Hashamayim (5): It is this fact (the people who are a baal keri and pray without immersing themselves) that has caused the exile to be so long. If Klal Yisroel’s tefillah would be in the proper way, our prayers would have been accepted years before.

He concludes: Perhaps we cannot accomplish that every baal keri should immerse himself in a mikvah prior to his tefillah, but at least the chazzan (leader of the services) should immerse himself and it will be in this merit that will hasten the Redemption.

Shulchan Aruch (O”C 88) rules that Ezra’s decree has been nullified and a baal keri can pray and study Torah without immersing himself. The Magen Avraham writes: Even though that one Beis Din does not have the power to nullify the decrees of a previous Beis Din unless they are greater in wisdom or numbers, since this enactment never caught on throughout Klal Yisroel, it can become nullified.

The Mishna Berura writes that one who has the custom to purify himself through immersion should only do so if he will not neglect the correct time to recite kerias shema and tefillah He adds that possibly, if immersing in the mikvah will result that he will not be able to pray along with a minyan, it is preferable not to go to the mikvah.

It is written in the sefer Meor V’shemesh: It is impossible to comprehend the true meaning of fearing Hashem if one is not careful in regards to this immersion. If one studies Kabbalah without purifying himself, the learning will result in heresy. He cites from the Baal Shem Tov and the Rebbe Reb Elimelech that one who wishes to comprehend Torah and mitzvos must be careful in this immersion, otherwise they will not be capable of reaching the heights they wish to attain.

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Daf Yomi - Moed Katan 13 - Shopping on Chol Hamoed

By Rabbi Doniel Neustadt

Question: When is it permitted to go shopping on Chol ha-Moed?
Discussion: Generally speaking, it is forbidden to go shopping on Chol ha-Moed for items that will not be needed on Chol ha-Moed or the last days of Yom Tov (or the Shabbos following Yom Tov). It is forbidden, for example, to go shopping for clothing, household goods or sefarim which will not be used until after Yom Tov is over.[1]
In addition, l’chatchilah one should stock up on all of his non-food Yom Tov and Chol ha-Moed needs in advance so that he will not need to go shopping on Chol ha-Moed at all. One must, therefore, think ahead and stock up on whatever toiletries, clothing, shoes, household goods and Judaica items one may need during those days.[2] But if for any reason any one of these items is needed for Chol ha-Moed or Yom Tov, it is permitted to purchase it.
Buying fresh foods such as bakery products, fruits and vegetables, dairy products or delicatessen items is permitted on Chol ha-Moed without restriction. One need not stock up and freeze such foods in advance to avoid shopping on Chol ha-Moed. Moreover, even non-perishable food items, staples and beverages may be bought on Chol ha-Moed l’chatchilah, and one need not stock up on them in advance.[3]
Question: Is it ever permitted to go shopping on Chol ha-Moed if the purchases will not be used until Yom Tov is over?
Discussion: Under certain circumstances it is permitted to go shopping on Chol ha-Moed even if the purchases will not be used until Yom Tov is over:
• It is permitted to buy a gift which will be given on Chol ha-Moed, even though the recipient will not use the gift on Chol ha-Moed.[4]
• It is permitted to shop on Chol ha-Moed if the item will not (or may not) be available after Chol ha-Moed.[5]
• It is permitted to shop on Chol ha-Moed if one must be out of town after Chol ha-Moed and will not be able to buy the item elsewhere.[6]
• It is permitted to shop on Chol ha-Moed if the item is on a special sale (such as a clearance or an end-of-season sale) and will cost considerably more after Yom Tov.[7] It is advisable to consult a rav to determine what exactly is considered “considerably more” in this case.[8]
• It is permitted to buy a large quantity of any item (even if only a small amount is needed for Chol ha-Moed) if one can get a better price by buying the larger quantity.[9]

[1] See O.C. 539:1, 12.
[2] Harav S.Z. Auerbach (Shemiras Shabbos k’Hilchasah 67, note 130); Mo’adim u’Zemanim 4:300, s.v. vechol.
[3] See O.C. 533:1.
[4] Chol ha-Moed k’Hilchasah 10, note 147.
[5] O.C. 539:5.
[6] Igros Moshe, O.C. 5:36-3.
[7] Mishnah Berurah 533:16; 539:29, 43.
[8] Shemiras Shabbos k’Hilchasah 67:30.
[9] Igros Moshe, O.C. 5:36-3.

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Daf Yomi - Moed Katan 13 - Highlights

Rabbi Yirmiyah inquired of Rabbi Zeira: If one scheduled his work for Chol Hamoed and then he died; do we penalize the sons as we would to the father and they are compelled to surrender the profits or is the penalty only on the one who committed the illicit labor? The Gemora clarifies the inquiry: Is the penalty on the man who committed who performed the illicit labor and he is not here any longer or is the penalty on the money and the money is still here?

The Gemora concludes: Since it is only a Rabbinic penalty, they only penalized the transgressor and not his children. (12b – 13a)

The Mishna states: One may not purchase homes, slaves or animals during Chol Hamoed unless they are needed for the festival or if the seller does not have what to eat. (13a)

Rava inquired of Rav Nachman: Is one permitted to hire a worker on Chol Hamoed to do work that is not necessary for the festival for the sole purpose of enabling the worker to buy food for the festival?

The Gemora concludes: It is permitted to hire a needy person in order to provide him with his necessities for the festival.

Rav Sheishes asked on this ruling from a Mishna in Pesachim (55a): The Chachamim maintain that tailors, barbers, and launderers can perform labor on the fourteenth of Nissan until midday. A braisa states that tailors can begin work on the morning of the fourteenth even if the custom is not to work on the fourteenth, because even an amateur tailor can sew his clothing in a normal manner during Chol Hamoed. (This is because the fourteenth of Nissan is more lenient than during Chol Hamoed.) Barbers and launderers can begin labor on the fourteenth of Nissan because one who arrives from overseas and one who is freed from jail are allowed to cut their hair and launder their clothing during Chol Hamoed.

Rav Sheishes explains his question: If it is permitted to hire a needy person in order to provide him with his necessities for the festival, then all types of work should be permitted on the fourteenth for we have found an example of labor which is permitted during Chol Hamoed (a needy worker)?

Rav Ashi answers: You cannot compare the guidelines for the prohibition against working during Chol Hamoed with that of the fourteenth of Nissan. Work is forbidden during Chol Hamoed because of excessive exertion and therefore there can be exceptions by situations involving a loss; one cannot perform work on the fourteenth of Nissan because it is regarded as a festival and only festival-related work will be permitted. (13a)

The Mishna states: One cannot move objects from a house in one courtyard to a house in a different courtyard during Chol Hamoed; however he may move them to a house in his own courtyard. One cannot bring utensils from the house of the craftsman during Chol Hamoed; however if he is afraid that they might get stolen, he is permitted to move them to a different courtyard. (13a)

Rav Papa said: Rava tested us with the following question: Our Mishna states that one cannot bring utensils from the house of the craftsman during Chol Hamoed, but a Mishna in Pesachim (55b) states that it is permitted even though the utensils are not needed for the festival?

We answered him: The Mishna in Pesachim is referring to the fourteenth of Nissan and that is why it is permitted (exertion is only prohibited during Chol Hamoed). Alternatively, they answered that both Mishnayos are referring to Chol Hamoed, and we can answer as follows: Our Mishna is referring to a case where the owner trusts the craftsman and the Mishna in Pesachim is referring to a case where the owner does not trust the craftsman and therefore he may bring the utensil to his house.

Rava responded: According to your second answer, there is still a contradiction regarding bringing the utensils to the craftsman’s house in order for him to fix it. The Mishna in Pesachim states that one may bring the utensils to the craftsman’s house, but it is implicit in our Mishna that one may not bring the utensils to the craftsman’s house in order to fix it.

Rav Papa concludes: It is clear that the first answer is the correct one. (13a – 13b)

The Mishna states: One may cover figs with straw (protecting them from the rain). Rabbi Yehudah says: They may even make it thick. The sellers of produce, clothing, and utensils may sell discreetly for the needs of the festival. Trappers, grain pounders and bean grinders may do their work discreetly for the needs of the festivald. Rabbi Yosi says: They were stringent with themselves. (13b)

The Gemora offers two explanations in the dispute between the Tanna Kamma and Rabbi Yehudah. One opinion is that the Tanna Kamma maintains that he may cover the figs lightly (preventing most of the moisture) and Rabbi Yehudah holds that they can be covered thickly (preventing all of the moisture). An alternative explanation is that Rabbi Yehudah maintains that the figs can be piled in a manner that makes it easier for them to be covered (this involves excessive exertion). (13b)

The Gemora cites a braisa clarifying Rabbi Yosi’s opinion in the Mishna. Rabbi Yosi says: The merchants of Teverya were strict upon themselves and did not sell their merchandise at all during Chol Hamoed. The trappers of Acre were strict upon themselves and did not trap at all during Chol Hamoed. (13b)

Rav Huna permitted spice merchants to go and sell in their usual manner in the marketplace during Chol Hamoed.

Rav Kahana asks from a braisa, where it can be implied that one is prohibited from selling his wares in public during Chol Hamoed.

The Gemora answers: The braisa is referring to fruit, which are generally sold in large quantities and people might think that he is involved with business not related to the festival; Rav Huna was referring to spices, which are generally sold in small quantities and therefore it is permitted. (13b)

WE WILL RETURN TO YOU, MI SHEHAFACH

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Daf Yomi - Moed Katan 12 - DRINKING COFFEE HEATED BY A GENTILE

The Gemora states: Anything which is normally eaten raw is not subject to the prohibition against gentile cooking. (Water does not need to be heated and therefore should not be subject to this prohibition.)

The Radvaz in his teshuvos (3:637) writes: It is permitted to drink coffee heated by a gentile and it is not subject to the prohibition against gentile cooking; even though coffee cannot be eaten in its raw state, it is something which does not eaten at a king’s table as an accompaniment to the bread and therefore it is permitted. There is also no concern that they cooked something forbidden in those pots beforehand, since it is well known that they have designated utensils for the coffee (because otherwise, the taste of the coffee would be ruined). He concludes: One should not drink coffee in the accompaniment of gentiles since that will result in many transgressions.

It is brought like that in the Hagahos from the Maharikash (114) as well. He rules that one should be stringent about drinking coffee in a coffee house of gentiles, similar to the halacha regarding wine and beer. Furthermore, it is considered a moishev leitzim (i.e. a session of jesters) and should be avoided.

The Knesses Hagedolah in his sefer Ba’ey Chayei (Y”D 145) disagrees and maintains that coffee heated by a gentile is prohibited to drink. He states: Anything which is eaten or drunk at the royal table by itself, even if it does not come as an accompaniment to the bread is subject to the prohibition of gentile cooking. Furthermore, the requirement that the food must be something that accompanies bread on the royal table is limited to food items, not liquids. He continues: “Even though when I was younger, I would rely on those who ruled that it is permitted, I have now investigated it thoroughly and cannot find a reason for its permission and therefore I refrain from drinking it.” He found that the Arizal prohibited drinking coffee heated by a gentile. He concludes that he is not prohibiting it for the public, but he himself refrained from drinking it.

Pri Chadash (114:6) writes that it is permitted based on Tosfos (Avodah Zarah 31b): Wheat is nullified in water in regards to reciting the blessing of shehakol, so too it is nullified in regards to the prohibition against gentile cooking. Similarly, the coffee is nullified in the boiling water that it is being cooked with and it is therefore not subject to the prohibition against gentile cooking.

Teshuvos Beis Yehudah (Y”D 21) objects to the reasoning of the Pri Chadash. The Gemora Brochos (39a) rules: The proper blessing on water which was cooked with vegetables is ha’adamah and this is the ruling of the Shulchan Aruch (205:2). The reasoning is based on the fact that this is the common method for these vegetables. Accordingly, the blessing on coffee should be ha’adamah as well. Our custom of reciting shehakol on coffee is astounding, but we cannot add to this novelty by being lenient with the prohibition against gentile cooking.

Rabbi Yaakov Emden in his sefer Mor U’ktziah (204) writes that actually the proper blessing on coffee should be ha’eitz since it is a fruit from a tree and that was the original intent of those that planted the coffee beans; to drink from the liquid. He concludes that the custom is to recite a shehakol anyway, similar to date beer and barley beer.

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Daf Yomi - Moed Katan 12 - Highlights

Shmuel said: A Jew who hires a non-Jew to complete a certain project, the halacha is as follows: If the work (the case is referring to something that is clearly recognizable that it belongs to the Jew, such as a house or land) is being done within the techum (2000 amos) of the Jew’s city, it is prohibited to arrange such a deal (since people will assume that the Jew hired the worker on Shabbos); however, outside the techum, it would be permitted.

Rav Papa qualifies this ruling: If there is another cite near the place where the work is being performed, it is forbidden since the Jewish people residing in that city will assume that the employer hired these workers on Shabbos.

Rav Mesharshiya further qualifies this ruling: When there is no city next to the place where the work is being performed, it is permitted, but only on Shabbos and the festivals since it is not usual for any Jews to be there (past the techum); however, it would be forbidden on Chol Hamoed since it is usual for other Jews to be there.

The Gemora cites an incident: Non-Jews built a mansion outside the techum for Mar Zutra on Shabbos. Rav Safra and Rav Huna did not go inside because it was built on Shabbos. Some say that Mar Zutra didn’t even enter the mansion. The Gemora explains that even though it was being built outside the techum and therefore it should be permitted, prominent people (like these Amoraim) are different and must hold themselves to a higher standard. (12a)

The Gemora cites a braisa: One may hire a non-Jew during Chol Hamoed to work after Chol Hamoed, but we cannot hire him to work during Chol Hamoed. The braisa presents a rule: Whatever work the Jew is permitted to do during Chol Hamoed, he can tell the non-Jew to perform, but whatever he is prohibited from doing, he cannot hire a non-Jew to perform. (12a)

The Gemora cites a braisa: One is prohibited from bringing animals into a field for the purpose of manuring it on Shabbos, on festivals and on Chol Hamoed. If non-Jews came on their own with their animals, it is permitted to leave them there. One is not allowed to help move the animals from one section of the field to another, nor is he permitted to provide them with a watchman to protect their flock. If the non-Jew was hired for a week, for a month, for a year or for a seven year span, one would be allowed to help him move the animals from one section of the field to another (on Chol Hamoed) and he is permitted to provide them with a watchman to protect their flock (since the non-Jew is hired for a certain amount of time, he can perform the work whenever he chooses and it is regarded as if he is working for himself). (12a)

The Mishna states: Similarly (to the case with the olives from the previous Mishna), one whose wine was in the vat and he became a mourner (prohibiting him from work), or something unavoidable occurred before a festival (and he couldn’t pour it into the barrels); Rabbi Yosi maintains: He is permitted to pour all the wine into the barrels during Chol Hamoed and he may cover the barrel in the usual manner. Rabbi Yehudah states: He is permitted to make a temporary cover for the barrels to ensure that the wine will not turn sour. (Once the grapes have been pressed, they must be poured into barrels and sealed; otherwise, they will turn sour. (12a)

Rav Yitzchak bar Abba said: Which Tanna holds that any work performed during Chol Hamoed to prevent a loss must be done in an unusual manner? It is not Rabbi Yosi, for he maintains in our Mishna that permitted work (the processing of the wine) may be done in the usual manner. (Rabbi Yehudah disagrees.) Rav Yosef said: The halacha follows Rabbi Yosi’s opinion. (12a)

Rav Nachman bar Yitzchak said: One is permitted to seal a barrel of beer during Chol Hamoed in order to prevent a loss.

The Gemora states: There exists a potential loss regarding unsealed beer (just like by wine). This can be proven from a statement Abaye said over from his mother (i.e., his nursemaid, since Abaye’s mother died at childbirth): A six se’ah sealed barrel of beer is preferred over an eight se’ah unsealed barrel of beer. (12a)

Rav Chama bar Guria said in the name of Rav: The laws of Chol Hamoed are similar to the laws regarding the Cutheans. (The Cutheans converted to Judaism after an outbreak of wild animals in Eretz Yisroel and their conversion was debated as to its validity. They observed some commandments, but not others.)

The Gemora explains: The halachos of Chol Hamoed are like barren women (who do not provide offspring for their husbands) and we cannot learn one halacha from another. The Gemora cites an example: Shmuel ruled that one is permitted to coat the inside of a jug with pitch on Chol Hamoed, but not a barrel; Rav Dimi from Naharda ruled that one is permitted to coat the inside of a barrel with pitch on Chol Hamoed, but not a jug. Rav Dimi is concerned about suffering a loss on Chol Hamoed and therefore only permits the coating of a large barrel; Shmuel is concerned about excessive exertion and therefore only permits the coating of a small jug.

Abaye compared the laws of Chol Hamoed to the laws of Shabbos; some labors are exempt from any punishment but nevertheless forbidden and some activities are permissible to begin with. (12a – 12b)

The Gemora presents a dispute regarding performing labor during Chol Hamoed with crop that is still attached to the ground. One braisa rules: Permission is granted to perform work during Chol Hamoed in cases when otherwise there would be a loss is exclusive to things that are detached from the ground; however, unless one does not have what to eat, it is forbidden to work with crop that is still attached to the ground. This is the opinion of Rabbi Yosi; the other Tannaim disagree and maintain that work can be done with crop that is still attached to the ground. (12b)

The Gemora cites a braisa: One may grind grain into flour during Chol Hamoed if he needs it for the festival; otherwise, it is prohibited. If he grinds for the festival and there is leftover, it is permissible to use that flour.

One may cut branches during Chol Hamoed if he needs it for the festival; otherwise, it is prohibited. If he cuts the branches for the festival and there is leftover, it is permissible to use the wood.

One may make beer during Chol Hamoed if he needs it for the festival; otherwise, it is prohibited. If he makes the beer for the festival and there is leftover, it is permissible to use that beer, provided that he does not utilize a ruse by intentionally making more than what he needs for the festival.

The Gemora challenges this last ruling from a braisa: Even if one has old beer in stock, he may make new beer during Chol Hamoed and drink from the new beer, demonstrating that it in fact was necessary.

The Gemora concludes that it is a dispute among the Tannaim. (12b)
The Gemora records an incident: Rabbi Yehudah Nesiah went out on Shabbos wearing a metal ring with a signet of almog wood. During the week, he would drink water, which was heated by an Aramean cook. Rabbi Ami heard about these two things and became upset.

Rav Yosef discusses the source for Rabbi Ami’s objection. It could not have been because the ring was considered muktzah since we learned in a braisa (Shabbos 46b): One may move bracelets, nose rings and rings in a courtyard on Shabbos as they have the status of vessels. It could not have been because he drank from the water cooked by the non-Jew, since we learned that anything which is normally eaten raw is not subject to the prohibition against gentile cooking. (Water does not need to be heated and therefore should not be subject to this prohibition.)

The Gemora answers: Rav Ami felt that since Rabbi Yehudah Nesiah was of great stature, he should not have went out on Shabbos wearing a metal ring with a signet of almog wood and he should not drink water heated by a gentile. The reason for Rav Ami’s protest is because he felt others would see a great man like Rabbi Yehudah Nesiah ruling leniently and they might go and rule even more leniently, which may lead to a transgression. (12b)

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Daf Yomi - Moed Katan 12 - Bishul Akum

by Rabbi Neustadt

Question: With so many women today in the work force, is it permitted for non-Jewish household help to cook kosher food in one’s kitchen if the cooking is done under the supervision of an observant Jew?

Discussion: With the intention of limiting social interaction between Jews and non-Jews — for socializing is often the first step towards assimilation, the Rabbis decreed against eating certain types of perfectly kosher food which were cooked, baked or roasted by a non-Jew, even if a Jew supervised the entire process from beginning to end. This is the Rabbinical prohibition known as bishul akum. Even b’diavad, if a non-Jew cooked these foods ─ whether in the home of a Jew or in a manufacturing plant ─ it is forbidden (in many cases) to eat them; the cooked food is now considered non-kosher even though the raw food was totally kosher before being cooked by the non-Jew.[1] The pots and pans which in which the food was cooked would — in some cases — have to undergo a koshering process before one would be allowed to use them again for kosher food.[2]

Question: Which types of foods are susceptible to the restrictions of bishul akum?

Discussion: There are basically two criteria which define the type of food which is forbidden because of bishul akum:

· The food must be “important” — that is, food that would be suitable fare for a dinner served to dignitaries. Thus most dishes of poultry, meat, potatoes, pasta, eggs or fish are included, as long as they are prepared in a manner in which important people are customarily served in a formal setting. Candies, potato chips,[3] Pringles, beer, breakfast cereals, canned tuna salmon and sardines,[4] popcorn, etc. are not considered “important” foods no matter how skillfully and tastefully they are prepared.

· Foods which are edible raw (under normal conditions[5]) are exempt from the prohibition of bishul akum, even it they were cooked. Thus most fruits and vegetables, cheeses, water, milk and peanut butter, for example, are exempt from bishul akum, even if they were prepared in a manner fit for a king, since all of these foods are edible when in a raw state.[6]

Question: We have established that “cooking” by a non-Jew renders the food bishul akum. Does that mean that a non-Jew may not participate in any phase of food preparation?

Discussion: The only phase of food preparation that is forbidden to a non-Jew is to place the pot or pan on the stove or inside the oven. The non-Jew may cut, chop, grind, grate, mix, season, etc. He may also turn on the gas or electricity in the stove or oven, regulate the temperature throughout, stir or baste the food while it is cooking, and remove the food once it is cooked or baked. All this is permitted l’chatchilah, as long as the non-Jew is being supervised to ascertain that no kashrus laws are transgressed.[7]

Question: If the non-Jew has already placed the food on the stove or into the oven but has not yet turned on the fire, can the food still qualify as bishul Yisrael?

Discussion: As long as the Jew turns on the fire, the food is considered bishul Yisrael. But, l’chatchilah, this should only be relied upon in this exact case, where the food is already on the stove or in the oven and the fire is being lit after the food has been placed on the stove or in the oven.[8] In the reverse case, where first the Jew turned on the fire and then the non-Jew placed the food on the stove or in the oven, some poskim hold that this is not considered bishul Yisrael. B’diavad, however, most poskim maintain that the food is not considered bishul akum and is permitted to be eaten.[9]

Question: If the non-Jew has already turned on the fire and placed the pot or pan on the stove or inside the oven but the food is not yet completely cooked and ready to eat, can the food still be salvaged and not considered bishul akum?

Discussion: There yet remain three options for the food to be considered bishul Yisrael:

· Remove the pot or pan from the fire or the oven, hold it for a moment, and then replace it. This is permitted l’chatchilah.

· Stir, mix or flip the food over while the pot or pan is still on the fire.

· Regulate the temperature of the fire, either by raising it a bit to hasten the cooking or by lowering it a bit to prevent burning or singeing.

However, if the food is already completely cooked and ready to be eaten, it is too late to avail oneself of any of these three options. The food is considered bishul akum.

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Daf Yomi - Moed Katan 11 - Mitzva of Constructing a Maakeh

The Mishna states: One is permitted to build a fence (maakeh) for a roof or a porch, provided that it is done in an amateur fashion.

The Ritva states that our Mishna is not referring to the mitzva of maakeh since a porch is exempt from the obligation of constructing a maakeh. Furthermore, if there would be a mitzva, he should be permitted to build a maakeh using a professional.

The Gemora in Sukkah (3a) states that if one has a house that is less than four amos squared, he is exempt from building a fence around the roof, for this is not considered a house. The commentators ask that it is still a stumbling block and if one doesn't build a fence there, it will endanger people's lives? The Gemora in Bava Kamma (15b) learns from the passuk of lo sasim damim beveisecha that one should not raise a wild dog in his house or a rickety ladder. Shouldn't he be required to build a fence here because of the possibility of someone falling?

The Chazon Ish (Y”D 214) answers that in truth a roof is not a dangerous area and it is not considered a stumbling block. People who ascend a roof understand beforehand that they must be careful and this is a worldly custom. The Torah, nevertheless mandated that one who builds a house is required to build a fence on the roof and this halacha has its guidelines. A house that is less than four amos squared is not regarded as a house for this halacha.

The Emek Brocha adds that this explains why one is not allowed to build a professional maakeh on Chol Hamoed even though he would be permitted to build and fix other things for the fear of bandits. The lack of a maakeh is not an inherent danger and therefore is not considered a dovor heovud, an irretrievable loss and will not be allowed to build on Chol Hamoed. (This is not like the Ritva we mentioned above.)

Reb Akiva Eiger asks on the obligation to recite a blessing when building a maakeh. Tosfos in Chulin (105a) rules that one does not recite a blessing on mayim acaharonim (water after the meal) for it was instituted for the benefit of man that he shouldn't harm himself due to the melach sdomis (certain type of poisonous salt). It would stand to reason that constructing a maakeh should not have a blessing either, for it is only to prevent damage? Rabbi Dovid Goldberg answers according to the Chazon Ish: A maakeh is not built to prevent damage. In truth, it would not be necessary; the Torah taught us that it is required even if it is merely a distant possibility for a damage occurring, hence a blessing is recited.

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Daf Yomi - Moed Katan 10 - REASONS WHY COMMERCE IS FORBIDDEN DURING CHOL HAMOED

Rava said: Merchandising during Chol Hamoed is prohibited. Rabbi Yosi bar Avin says: If he is selling the merchandise in order to avoid a loss, it would be permitted.

The Rishonim cite several reasons for this prohibition. The Rosh states that there is a lot of bother involved in selling merchandise (the item must be carefully appraised) and exerting oneself during Chol Hamoed is forbidden. The Magen Avraham (539:1) and the Perisha both say that exerting oneself in regards to the selling of the merchandise will cause him to abstain from rejoicing on the festival. The Meiri adds that even a minor business transaction that does not involve much effort is forbidden.

The Teshuvos HaRosh (23:4) offers a different reason: The primary purpose in the festival is that Klal Yisroel should have an opportunity to eat, drink and study Torah. If merchandising would be permitted, people would be occupied with business matters and they would neglect to rejoice properly during the festival.

The Maggid Mishna states: The Chachamim decreed that it is forbidden to conduct business during Chol Hamoed because this will result in writing. This is the identical reason for Shabbos and Yom Tov.

The Rivash (355) offers an alternative reason: Being involved in commerce during Chol Hamoed is demonstrating that Chol Hamoed is an ordinary day and this is a disgrace to the festival.

Teshuvos HaRosh presents another reason: Sometimes the buyer might overpay (or the seller might undercharge) and they might become distressed during the festival.

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