Bava Basra 145

Why the Kiddushin Money is Irretrievable

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

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

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

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

HALACHOS FROM THE DAF

What should I Learn?

By: Reb Avraham Klein

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

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

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

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

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

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

Read more!

Pain to the Deceased

It was stated (Bava Metzia 38b): If a man is taken captive, Rav said that we would not bring down a relative to his property, and Shmuel said that we would. Now, if it was heard (either by way of a rumor, or through one witness) that the captive was dead, all would agree that we would bring down a relative (for if the captive would return before the relative eats from the produce, he will receive his share like a sharecropper, and if the captive does not return, he inherits it all – either way, he will make sure to do a good job). They disagree where it was not heard that he had died. Rav said that we do not bring down a relative, for he might cause them the property to deteriorate (for he will not fertilize it, and he will constantly plant there – ultimately ruining the land). Shmuel said: We do bring down a relative, for since a master said that we evaluate for them just like a sharecropper, he will not allow the field to be ruined.

The Gemora asks from a braisa: From the implication of the verse (discussing those who oppress widows and orphans): “And I shall become incensed, and I shall kill you with the sword,” I know that their wives shall be widows and their children shall be orphans; why then does the Torah state: “And your wives shall be widows, and your children shall be orphans”? This teaches us that their wives will seek to remarry and we will not permit them (for Hashem is cursing them that they will be taken captive and we will not know if they died or not), and their children will desire to go down to their father’s property and we will not allow them. [This contradicts Shmuel, who rules that we do allow the relatives to go down to the captive’s field!?]

Rava answers: The braisa means that they are not permitted to go down and sell the property.

The Iyun Yaakov asks: What is the curse to the dead sinner if his wife will not be allowed to remarry? There is no pain at all! On the contrary, the Zohar writes that this would be regarded as an honor to the deceased!?

He answers that nevertheless, at the time that the woman desires to remarry, she will be embarrassed, and Chazal say that a man does not want his wife humiliated before a Beis Din!

The Ben Yehoyada writes that these men were killed by sword and buried immediately. There were no witnesses available to verify their identity. It will therefore be necessary to open their graves to see if there are any identifying marks to help us determine who they were. This is considered painful to the deceased, and this is the meaning of the curse.

He adds that these women, who will never be allowed to remarry, will eventually curse their own husbands for being the cause of their present predicament. This will be painful for the deceased!

Read more!

Lesser of the Luminaries

The Mishna had stated: If one’s minor son or daughter find an object, it belongs to him. If one’s son or daughter who is of age finds an object, they may keep it.

Rabbi Chiya bar Abba said in the name of Rabbi Yochanan: When the Mishna said “a son who is of age,” it does not mean that he is literally of age, and when the Mishna said “a minor son,” it does not mean that he is literally a minor. Rather, an adult who is dependent (for support) on his father’s table is regarded as “a minor,” and a minor who is not dependent on his father’s table is regarded as “one who is of age.”

It is brought in the sefer Peninim Mi’shulchan HaGr”a that once when the Vilna Gaon was travelling in Europe, he was hosted by a man well-versed in Torah learning. The man showed the Gaon what his deceased father had written on the margin of his Chumash regarding the verse in Breishis [1:16]: And Hashem made the two great luminaries: the great luminary to rule the day and the lesser luminary to rule the night, and the stars. Written on the margin was the following abbreviation: גועשאנ"ק. Many people had attempted to decipher the meaning of this, but to no avail.

The Gaon took a glance at the word and explained as follows: The abbreviation stands for the following: גדול וסומך על שולחן אביו נקרא קטן - an adult who is dependent (for support) on his father’s table is regarded as “a minor.” The explanation was now self-evident. His father was bothered why the moon was referred to as “the lesser luminary.” The answer was that since the moon has no light of its own, because it has no significant internal source of energy, it is referred to as “the lesser luminary” because its secondary light is produced by what it reflects from the sun.

Rashi cites from Chazal that they were both created the same size, but the moon complained and said that two kings cannot use the same crown and therefore the moon was diminished. The question is asked: It is well known that the moon does not have any intrinsic light source of its own, but rather it is only reflecting the sun light. What is the meaning that they were created equally?

Reb Aryeh Tzvi Frummer answers that that this was precisely the punishment to the moon; the moon did not decrease in size but rather its retribution was that it will not contain its own light and it will only provide light that it receives from the reflection of the sun.

Initially, the sun and the moon were both gedolim since they both had an intrinsic light source; afterwards, the moon became a katan because it could not provide light by itself. The Zohar in Breishis seems to explain in an identical manner.

The Beis Yosef (O”C 31) cites the Zohar in Shir Hashirim that Chol Hamoed is akin to the moon; it does not have its own sanctity but rather it receives kedushah from the Yom Tov.

It is for this reason why Mesechta Moed Katan is called Moed Katan. Since it contains many halachos regarding Chol Hamoed, it is called Moed Katan.

Read more!

Frontwards and Backwards

The Gemora (Gittin 69) states: For blood running out of one’s nose, one should bring a Kohen whose name is Levi, and he should write the name Levi backwards.

The Tiferes Yosef explains: It is well-known in the books of Kabbalah that the alef beis written forward connotes kindness, for this way, the inspiration comes in the regular manner; descending from Heaven to earth. The alef beis written backwards connotes judgment, similar to fire, which ascends from the earth.

It is written in the Zohar that a Kohen is a man of kindness, and a Levi is one of judgment. This is why the name Levi, written backwards, signifying judgment, should be written by a Kohen, for he represents kindness.

Read more!

Zohar and the Gemora

The Gemora cites a braisa: There is greater stringency in oaths than in vows, and greater stringency in vows than in oaths. There is greater stringency in vows, for vows apply to objects necessary for the performance of a mitzvah just as to optional matters, which is not so regarding oaths (which do not take effect if one would take an oath against performing a certain mitzvah). And there is greater stringency in oaths, for oaths are valid with respect to matters that have substance and matters that are intangible, which is not so regarding vows (which do not take effect on intangible things).

It is noteworthy that the Zohar writes exactly the opposite. An oath, he says, can only take effect on a davar she’yeish bo mamash, something that has substance, whereas a vow can take effect even on a matter that lacks substance.

The Shoel U’meishiv in his haskamah to the sefer Beis Yisroel cites from the Neizer Yisroel that it is a printer’s mistake and the correct version of the Zohar is the way the Gemora states.

Reb Reuven Margoliyos disagrees and cites a Ramban in Shavuos who hints to the version that we have in the Zohar. The Ramban writes that according to Sod, vows do not take effect on matters of substance, whereas an oath will be effective on matters of substance.

In the sefer Mei Hashiloach, he explains the Zohar in a manner that is identical to our Gemora. We find in the Zohar that a davar she’yeish bo mamash frequently means something that has the ability to reproduce. The reason that an oath can take effect even on intangible matters is because an oath is an issur gavra, one is prohibiting himself from the object. The oath, therefore, is taking effect upon the person. The meaning of the Zohar is that an oath takes effect on the person, for he is a davar she’yeish bo mamash, i.e. man has the ability to reproduce; objects do not! An oath takes effect upon the person and not on the object. A vow, on the other hand, takes effect even on a davar she’ein bo mamash, something that does not have the ability to reproduce, i.e. objects. For by a vow, one is prohibiting the object upon himself (issur cheftza), and therefore, the vow takes effect upon the object, not upon the person.

Read more!

Divine Presence in the Diaspora

The Gemora (Kesuvos 111a) cites a braisa: A person should always live in Eretz Yisroel, even if it is in a city which has a majority of idolaters living there. A person should not live outside of Eretz Yisroel, even if it is a city which has a majority of Jews living there. For one who lives in Eretz Yisroel is regarded as one who has a God, and one who lives outside of Eretz Yisroel is regarded as one who does not have a God.

Rabbi Avraham Chalavah explains the following Zohar with our Gemora: The Divine Presence never left the Jewish people on Shabbos and the festivals and even on Shabbos during the weekday.

What is the explanation behind these ambiguous words?

He explains based upon our Gemora: There is no place for the Divine Presence to rest outside of Eretz Yisroel, for anyone who resides there is regarded as if he is Godless. On Shabbos and Yom Tov, however, the divine Presence descends even outside of Eretz Yisroel.

The Zohar does not mean “Shabbos during the weekdays.” Rather, the meaning is that the Divine Presence rests upon the Jewish people in the Diaspora on Shabbos and Yom Tov.

Read more!

FOOD FOR THOUGHT REGARDING TEFILLOS - Yevamos 64 - Daf Yomi

Our Gemora tells us that Hashem desires the prayers of the righteous. The Matriarchs were barren only so that they should pray to Hashem for children. Their desire for progeny caused the Matriarchs and the Patriarchs to pray to Hashem at a level that under normal circumstances they would not have done.

Rabbi Yitzchak said: Why are the prayers of the righteous likened to a pitchfork, as just like a pitchfork turns over the grain on the threshing floor from one place to another, so too the prayers of the righteous transform the manner in which HaShem conducts Himself from the Attribute of Cruel Judgment to the Attribute of Mercy.


*** Why did Hashem have to make them infertile; is there no other reason to pray to Him? If they would have had children, would they not have prayed for their health, sustenance and spiritual growth?


*** Divrei Yoel cites a Zohar and explains: It is on account of the prayers of the righteous that all future salvations will be effected. The Divrei Yoel explains with a parable: A king was traveling in a desert and he became very thirsty. The king's servants sought to bring the king water from a distant land. The king said, "I have the capabilities to bring sufficient water from afar for ourselves, but how will anyone else who passes through this area survive?" The king then commanded his servants to dig in the sand until they would find water, and by discovering a well, all future travelers would be able to survive in the desert. Similarly, explains the Divrei Yoel, people in future generations will be in need of a salvation, but they may not be deserving of it. It is through the tefillos of our forefathers that the gateways for these salvations will be effected.


*** The Sfas Emes writes that Yitzchak was answered through Tefillas Mincha. The Gemora states that one should be extremely careful in Mincha because this was the tefillah that Eliyahu was answered with.


*** The Imrei Emes comments that although the essence of Yitzchak was judgment, in the depths of judgment lies chesed, kindness; it was through this that he had the ability to transform the manner in which HaShem conducts Himself, from the Attribute of Cruel Judgment to the Attribute of Mercy.


*** Imrei Shefer writes that part of the tefillah that Yitzchak prayed at that time was the tefillah of “b’fi yeshorim tisromam etc.” which contains Yitzchak and Rivkah’s name in it.

Read more!

Daf Yomi - Chagigah 19 - Praying without the Proper Intention

In the sefer Torah Lishma from the Ben Ish Chai, the following inquiry was asked: Our sages said that prayer without the proper kavanah (intent) is akin to a body without a soul. This being the case, what would be the purpose of prayer when one is unable to concentrate during his Tefillah due to the worries that weigh on his mind? Would such a prayer be accepted?

Furthermore, if one understands the words of tefillah and the basic translation of the prayers but does not comprehend the secrets hidden in the tefillos, then the depths of the prayers revealed to us by the Zohar and the Arizal will remain a mystery to him. One who is capable of performing a mitzvah in its entirety but does not grasp the hidden meanings of the mitzvah would seem to be missing an integral part of the mitzvah. Most people are on this level as they fulfill mitzvos and pray three times a day according to their basic understanding and because it is the will of Hashem. Is it possible, then, that most of our generation is deficient in tefillah and the performance of mitzvos due to a lack of comprehension regarding the profound implications of prayer and mitzvah performance?

The Ben Ish Chai responds: One who cannot concentrate on his prayers because he is entertaining other thoughts during tefillah should nevertheless continue to pray. This can be proven from the following Zohar in Parashas Vayechi: Rav Chizkiyah said that it is said that one should first prepare the praise of his Master and then pray. What should one do, however, if his heart is heavy and he wishes to pray, yet, since he is in distress he cannot properly formulate the praise of his Master? Rabbi Yosi responded that despite the fact that he cannot focus properly on his prayers and he will not be able to formulate the praise of his Master properly, he should still formulate the praises of his Master and he should pray. This is what it is said, a prayer of Dovid: Hear HaShem, what is righteous, be attentive to my supplication. First, hear HaShem righteous, as this is the formulation of praises for his Master, and subsequently, be attentive to my supplication, [give ear to my prayer]. One who is capable of formulating the praises of his Master and does not do so, regarding him it is said, even if you were to intensify your prayer, I will not listen.

In regards to the second question, the Ben Ish Chai writes that one is obligated to attempt to learn and understand the secrets of Hashem as Dovid told his son Shlomo: Know the G-d of your father and serve Him. Nonetheless, one who did not merit understanding these concepts and concentrates on the basic translation of the words and performs a mitzva with all its intricacies, his tefillah and mitzvos are considered complete and they are not deficient. This idea can be proven from the words of the Zohar in Parashas Yisro: If a mitzvah comes his way and he focuses on it, he is meritorious. If one did not have the proper intention he is meritorious as he has performed the will of his Master. Yet, he is not deemed to be like one who has fulfilled HaShem’s will selflessly and has performed the deed with the intention of fulfilling HaShem’s will for the sake of HaShem’s glory like one who does not know how to think. The reason for this is because the matter is dependant on the will performed selflessly and with the action selflessly performed below, the action above is removed and is purely rectified. In a similar vein, the action of the body rectifies the action of the soul with that will, as HaShem desires the heart and will of a person. Nonetheless, one needs to act wholeheartedly, which is the essence of everything, and regarding this Dovid prayed and said, may the pleasantness of the Lord, our G-d, be upon us, our handiwork, establish for us. No man is wise enough to align his will and his heart to rectify a matter completely, and for that reason he prays, our handiwork, establish for us. What is meant by the words establish for us? Establish and rectify Your rectifications above appropriately upon us. This, despite the fact that we are not capable of aligning our will completely. Rather, we perform the action, and You establish our handiwork. One who is on that level who requires rectification, establish it as one so that this matter should be rectified properly.

It thus emerges that this is precisely what Dovid requested of HaShem; a mitzvah or tefillah should not be regarded as deficient because of one’s lack of understanding regarding the secrets that are contained in the mitzvos. Rather it should be considered complete and whole without the slightest blemish.

For this reason our sages have instructed us to recite the tefillah of vihi noam prior to the performance of any mitzvah or the recital of any tefillah. The
recital of this verse inspires Dovid’s prayer and our deeds will be accepted completely despite the fact that we did not have the proper intention.

Rabbeinu Chaim, son of Rabbeinu Yitzchak, one of the Rishonim quotes our Gemora: We have learned in a Mishna in Mikvaos (5:6): If a wave that consisted of forty se’ah separated from the sea and fell on a person or utensils that were tamei, they become tahor. The Gemora explains that the Mishna is referring to a case where the person is sitting on the shore waiting for the wave to separate from the sea and fall on him or on the utensils. It is evident from our Gemora that even though the person did not directly immerse the utensils in the water; he was merely anticipating that the wave will detach itself from the sea and fall on the contaminated utensils, this is sufficient, provided that he has intention that the water should purify the utensils.

The Gemora in Chulin (31) states a similar halacha regarding a woman who was a menstruant. If water fell on her and her friend anticipated this and had intention for her, the immersion would be valid even though the menstruant herself was not intending for this to happen.

It would follow that we can apply this principle to other mitzvos as well. One who bakes matzah must have intention that it is being baked for the commandment of matzah. If one was baking without the proper intention, but another person was observing and did have the proper intention, the baking is valid and the matzah may be used for the mitzvah.

Rabbeinu Chaim concludes: If the intention of one’s fellow can facilitate the fulfillment of the mitzvah for his friend, then certainly the intentions of the Holy One, Blessed is He can achieve the same result. We entreat of HaShem before our prayers and prior to the performance of a mitzvah that He should establish our handiwork and rectify our actions for we are not capable of aligning our will completely. It is our mission to perform the actions to the best of our capabilities and Hashem will rectify the deeds appropriately.

Read more!

Daf Yomi - Moed Katan 2 - Why Moed Katan?

What is the meaning in the name “Moed Katan”?

The Torah refers to the sun as the meor hagadol and the moon as meor hakatan. Rashi cites from Chazal that they were both created the same size, but the moon complained and said that two kings cannot use the same crown and therefore the moon was diminished. The question is asked: It is well known that the moon does not have any intrinsic light source of its own, but rather it is only reflecting the sun light. What is the meaning that they were created equally?

The Gemora Bava Metziah (12b) states: An adult who is supported by his father is regarded as a katan, a minor and a katan who is not provided for by the father, but rather supports himself, he is referred to as an adult, a gadol.

It emerges that the term gadol means that he has from himself and katan means that he receives from someone else.

Reb Aryeh Tzvi Frummer answers that that this was precisely the punishment to the moon; the moon did not decrease in size but rather its retribution was that it will not contain its own light and it will only provide light that it receives from the reflection of the sun.

Initially, the sun and the moon were both gedolim since they both had an intrinsic light source; afterwards, the moon became a katan because it could not provide light by itself. The Zohar in Breishis seems to explain in an identical manner.

The Beis Yosef (O”C 31) cites the Zohar in Shir Hashirim that Chol Hamoed is akin to the moon; it does not have its own sanctity but rather it receives kedusha from the Yom Tov.

It is for this reason why the name of this Mesechta, which contains many halachos regarding Chol Hamoed, is called Moed Katan.

Read more!

Daf Yomi - Rosh Hashana 16 - Torah Scholar is Compared to Shabbos

by Reb Ben

The Gemara states that Rabbi Yitzchak said that one is obligated to visit his teacher during the festival. This is derived from the verse that states why are you going to him today? It is neither a New Moon nor a Shabbos! This verse was said regarding the woman from Shuneim, who Elisha had blessed with a child and then the child became ill and died. When the woman told her husband that she was returning to Elisha to inform him of the child’s demise, her husband, unaware of what had occurred, inquired why she was going to Elisha. The Gemara states that the verse implies that on the New Moon and on Shabbos one is obligated to visit his teacher. It would seem that the reason for this obligation is because the Zohar states that a Torah scholar is in the category of Shabbos. If one wishes to truly experience the Shabbos, he should visit his teacher on the Shabbos. The Arizal writes that the essential obligation of one visiting his teacher is on Shabbos, because that is when a person has a neshama yeseira, an extra soul, for the whole Shabbos.

Read more!