- We spoke about Reb Elchonon’s answer to a famous question. The definition in Sha”s of a ‘kenas’ (as opposed to – ‘momon’ regular payment of a guilty party) is when one is obligated to pay more than the actual damage incurred. Such as “kay’fel’ – a punishment to pay double the amount of the theft.
So the question is how can one say that Eidim Zomemin is not a kenas? They pay more than the intended damage (the Halocho is that they pay only when the falsely accused defendant didn’t pay). “Ka’sher zomam ve’lo ka’sher oso”.
Reb Elchonon explains that what creates the Eidim Zomemin’s obligation to pay is the Beis Din’s verdict that they are obligated to pay. Therefore, since it is only as a result of a Beis Din ruling/verdict, the required payment by the Eidim Zomemin has the category of money and not kenas.
Furthermore, even if the Eidim wanted to cause the defendant to pay a kenas, for example “Motize Shem Ra” nevertheless the money that the Eidim Zomemin are obligated to pay, becuase it is going through Beis Din, has the category of money and not Kenas.
We heard some valid arguments to the contrary. Nu, that’s the idea of the shiur.
2- לאו שאין בו מעשה.
We spoke about what the definition of ‘doing nothing’ is. Gornisht, Gor gornisht (a groiser Gornisht….HV)
3- We mentioned the Aruch – the first Hebrew encyclopedia/dictionary written by Reb Noson of Rome, Italy, a contemporary of Rashi. Actually this sefer is much more than just definitions of Aramaic words in Chaza”l. The author incorporates many Halachik opinions in various topics. Many Rishonim, including Rashi and Tosfos quote him and discuss his rulings.
Interestingly the Aruch was one of the first Jewish books to be printed. See here and below for the Venice edition of 1531.
4- The prohibition of Kilaim is the planting of a grape seed with a wheat seed. Rabbi Akiva adds that also when one is ‘Makayem’ Kilaim one is chayev Malkus.
What is the definition of the word ‘Makayem’ ?
The Aruch’s definition of being “Mikyem” Kilaim is that he did nothing at all, he didn’t plant the seeds, the wind blew them in and he just let remain there.
Tosfos does not like this interpretation because according to Rabbi Akiva’s opinion that one needs to perform an action to receive Malkus, if one really did nothing (such letting it remain in the ground) how can one receive Malkus for doing nothing
Therefore Tosfos has his own definition of the word ‘Makayem’ Kilaim. It means that he built a fence around the Kilaim. Tosfos considers that an action in the prohibition of Kilaim.
We mentioned that Tosfos’s answer is hard to understand because one still did not do an action with the actual Kilaim which would warrant him to receive Maulks!
5- For Gimmel Tamuz we semi-joked about the definition of a “meshichist”…..that it is an easily moveable and adjustable definition…….
6- We mentioned the Ohr Hatorha about the definitions of death according to Kabala and Chassidus. The Rebbe Rashab also expounds on this topic. See attached.
At issue is an age old question of the Zohar and others. How can the Torah state that the cause of death in the human race is a result of Adam’s eating from the Tree of Life when the Torah (which preceded the creation of the world) states many laws of impurity which comes as a result of touching a dead body. It seems that death was programmed in the human race even prior to Adam’s failure in Gan Eiden.
The Zohar (as explained by the Rebbe the Tzemach Tzedek) responds that true, death was part of the original plan. But that ‘death’ would be a mere ‘transfer’ from one world to another. (Story of Reb Leivik).
In these ‘lighter forms of death’ the body either:
a- ascends with the soul (Eliyohu and Chanoch) or,
b- the body ceases to function and is actually buried. But the soul “transfers to another world just like one changes from weekday clothes to Shabbos clothes”.
In either case, had not Adam sinned, one would not feel what is called ‘the pain of death’. This was the original idea of death! Painless.
The sin of Adam caused humans to go thru ‘ta’am miso’. A more ‘gross’ form of death.
Has any human experienced this (b- body ceases to function but soul is transferred) ‘lighter form of death’?
The Tzemach Tzedek says that that is the meaning of ‘Ya’akov ovinu lo mes’.