Teves 24, 5782. December 28, 2021
1- We added another point to conclude last week’s shiur regarding a Lulav that was worshiped as עבודה זרה. The Gemara says that בדיעבד one is יוצא.
Tosafos explains that it is referring to a Lulav of a Goy, thus there is no obligation to burn it since the Goy can be מבטל this עבודה זרה.
In passing, Tosafos mentions that a Lulav that is growing on a tree that is עבודה זרה, once it is cut, it loses its עבודה זרה status.
We mentioned the Maharsham (1, 1) that quotes the אדר”ת who brings proof from this that the ארבע מינים cannot be used while attached to the ground!
It would seem this is a theoretical question since it would be hardly possible that all 4 מינים would be growing together to be used at one time. See also the פרי מגדים (end of 653) that discusses this question. Also the צל”ח (Shabbos 131a).
We mentioned that perhaps if all 4 grew in one pot עציץ שאינו נקוב. One would pick up the pot and make a ברכה and נענועים…..
2- We went thru the various types of splits and cracks in a Lulav that make it פסול.
3- Since the Torah does not say explicitly to use a Lulav- it just says ‘branches of palm’, כפות תמרים, the Gemara suggests that perhaps it may mean other parts of the palm tree.
One idea, is to use the bottom part of the tree itself. Our Gemara dismisses this suggestion since the tusk of the palm tree has thorns that would make it not pleasant to hold. This would be contrary to the idea that the Torah’s Mitzvos are pleasant. דרכיה דרכי נועם.
4- We mentioned a Rav that attempted to use this concept and was total told off by Reb Yakov Etlinger, who we mentioned many times in the past quoting from his ספרים – ערוך לנר, ביכורי יעקב , בנין ציון.
The question was concerning a widow who got married prior to obtaining חליצה from her deceased husband’s brother.
If she gets married before the חליצה the הלכה is that she still need to get חליצה, but must first obtain a Get from her new husband and only then get חליצה from her husband’s brother. She cannot go back to her second husband.
דרכיה דרכי נעם וכל נתיבותיה שלום
A certain Rav wanted to find a way for her to stay with her 2nd husband by doing the חליצה while she was still married. In short- one of the arguments he used was that at the time obtaining a legal divorce took many years.
So waiting for the divorce would be ‘unpleasant’ for the woman. This Rav invoked דרכיה דרכי נועם, meaning the Halachah must take into consideration the comfort of human.
Reb Yakov (בנין ציון 148) comes out very harshly against the entire episode (seems this Rav allowed her to marry before the חליצה). As to using דרכיה דרכי נועם to alter accepted הלכה, is ludicrous he says. The חכמים used this concept to prove the details of a Mitzva when there are two alternatives – one in way that the performance of the Mitzva would be pleasant the other unpleasant.
“אין לזה דמיון כלל מחמת כמה טעמים: – הא’ – אין לדמות גזירה דרבנן לאיסור …..דאורייתא”
דרכיה דרכי נועם is used to prove that the Torah meant the pleasant way only.
In the case of the חליצה, there is another way; such as traveling to another country to get divorced, or for the husband to look for another wife….
5- Speaking of quirky questions (and of the recent suicide of a popular figure) we mentioned the שאלה presented to Reb Ezriel Hildesheim:
Someone who attempted suicide, like jumping into the ocean. Miraculously, he was saved…like a fish swallowed him and then spit him out. יונה!
Thanks for the lift!
Does he have to make a הגומל asked this fellow? Is it not a מצוה הבאה בעבירה?
6- We concluded הלכה of the Lulav that didn’t have leaves to cover the entire spine of the Lulav. Question is if most of the Lulav was covered and one spot was not.
The opinion of the Alter Rebbe 645, and the Mishna Brurah.