BS”D
Shkolim 3b
Kislev 15, 5784. November 28, 2023
Many topics discussed. Here are some short notes.
1- We began with a mention of the daily שיעור תניא where the Alter Rebbe quotes a Yerushalmi in שקלים! It’s in פרק ו which we will reach IYH in the future.
2 – The משנה begins to enumerate who is and who is not obligated to give מחצית השקל.
3- In relation to the fact that women are not מחויב in מחצית השקל we discussed an interesting practical result of this הלכה.
The following is a big topic and we just scratched the surface.
In general, according to the Ramban, women are obligated to daven שחרית and מנחה despite there being a specific time for them (מצות עשה שהזמן גרמא) because the central idea of davening is ‘asking for רחמנות’.
See here and here. OC 106. (see there why מעריב is not included).
Now when it comes to מוסף, since it is not רחמי, it would seem that they are פטור. Indeed Reb Akiva Eiger (OC 106) and the צל”ח, say that since the reason for מוסף is a זכר for the קרבנות and women did not participate in the מחצית השקל, women are not obligated מעיקר הדין to daven מוסף. However ‘women accepted it upon themselves to daven מוסף’.
4- This leads into another fascinating topic that garnered much controversy about 225 years ago.
Reb Akiva Eiger quotes the above ruling, concerning women and תפילת מוסף from a ספר called בשמים ראש.
The brief history of this ספר is that it was published by Reb Shaul Berlin (son of Reb Tzvi Berlin) in 1793 who said to have received a manuscript from the archives of Reb Yitzchok Mulina claiming that it was תשובות of the רא”ש. He published the manuscript and added his personal notes on many of the תשובות.
After receiving respectable הסכמות, some great רבנים began to suspect it being a forgery. Specifically, Reb Mordechai Banet in his book פרשת מרדכי OC 5, claimed that the book espouses some Halachik positions in line with the משכילים. Thus it was a fabrication by Reb Shaul Berlin.
See here. Here. In English. Audio. More. Discussions. In English.
5- We mentioned some of the seemingly odd ideas in this ספר that led many to conclude that this book was indeed a forgery.
A- Diminishing the importance of נטילת ידים.
B- Mocking the מנהג of not eating קטניות.
C- That Rabeinu Tam suggested to gather a group of sages of his time to permit the drinking of סתם יינם.
D- Not to put on Tefillin prior to going to the מקוה.
E- Allowing burial inside the cemetery to one who committed suicide as a result of depression.
Interestingly, Reb Shaul named the sefer בשמים ראש because it contains 392 תשובות which is the גימטריה of בשמים.
However his detractors pointed out that 392 or שצב is also the ראשי תיבות of שאול בן צבי!
6- And yet despite all of the suspicion, in addition to Reb Akiva Eiger, the book is quoted in many places.
One great Rov once put it this way: one may learn from the work- but not the man.
This is in line with what the Tzemach Tzedek (EH 55, 3) writes “it is known that many have suspicions that these תשובות are not from the Rosh, rather the authored created them (and attributed them to the Rosh) and therefore we cannot rely on them unless it makes logical sense”.
We mentioned that the Rebbe quotes this ספר numerous times, such as the idea that during the 40 years wandering in the desert, the Tefillin had only 2 פרשיות.
Likutei Sichos 9 page 52.
There is much more on this with another interesting twist accompanied by the story of an unique Chabad Rov going back 150 years ago.
Next shiur BL”N.
7- Another topic discussed was The opposing opinions as to when one becomes obligated to give מחצית השקל.
The Ramabam, Ramban, Bartenura and others say it begins at Bar Mitzvah.
The Chinuch, the Rosh, Tosfos Yom Tov and others say that it begins only at age 20.
Interestingly, the זכר we do today for the מחצית השקל by giving a ‘half of the common coin’ on תענית אסתר, as per the רמ”א (who follows the opinion of the Chinuch) applies to all men over the age of 20. (OC 694).
The מגן אברהם argues and says that since there are others who say that the original Mitzvah began at Bar Mitzvah all men over the age of 13 should give .
https://beta.hebrewbooks.org/tursa.aspx?a=oc_x3074
8 – We finished with a rather interesting vort from the רמ”א on our Parsha concerning the story of Reuven.
ספר בראשית • פרק ל”ה • פסוק כ”ב
