Shiur 03/20/18 Beitza 32a.

Beitza 32a.

1- We discussed the opinion of Reb Nechemia that one can use any כלי  on Shabbos and (perhaps) Yom Tov only for its original purpose.

Therefore, using a knife to cut a rope or a cord would be problematic, since a knife is presumably for eatingm though R”T in Tosafos found this problematic, as knives are used for cutting.

Ditto for using a piece of furniture, such as a chair for firewood. [Don’t try this at home unless it’s פיקוח נפש…]

2- We spent the rest of the Shiur discussing two interesting idea about פסח.

A– כלים נאים.

The Maharil. מהרי”ל. Many of the מנהגים that Ashkenazi Jews follow were penned by the Maharil.

In the Minhagim of Pesach he writes something quite interesting:

Although one should minimize having fancy dishes in one’s house, זכר לחורבן, nevertheless on Pesach one should flaunt!

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 See here as quoted by the מגן אברהם .    

482 .2.  

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We discussed this little known and adhered to מנהג not to spend fortunes on fancy dishes……

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The Alter Rebbe adds that placing nice dishes on the Pesach should be done, “as long as one can afford it”.  482, 6.

Jewish Plate:

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The Maharil then goes on to allow to adorn the Seder table using the כלים of a goy (obviously taking the Halachos of Kashrus into consideration) that a Yid has in his possession as collateral for a loan extended to this goy.

Goyish Plates:

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We discussed on how this Halachah sheds some light on the life of Jews at that time. Barred from owning land etc., money lending would many time be the only option to survive. The guarantees one would receive would also need something tangible. 

B–  ליל שימורים.

Mentioned the story of the Israeli diamond factory that hired a Jewish security guard. On the night of Pesach he decided to go home for the Seder. Well… a robbery occurred. A lawsuit followed and made its way to a Din Torah.

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The guard claimed that the diamonds were in a vault. He was hired just as ‘added protection’. Now since it was Pesach night…..and “one does not need to worry about ‘mazikim’… no need to lock the doors on Pesach night”  [Alter Rebbe 480, 5.  481.2] he had the right to abandon his post for the night.

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[We also mentioned that ליל שימורים is  the reason we do not say ברכה מעין שבע Pesach occurs Friday night.]

If I recall correctly the guard lost the case and was forced to pay for the loss.

 

Shiur 03/13/18 – Beitza 31b

Beitza 31b

1- Our Mishnah discusses a storehouse of fruit that was slightly damaged creating a hole allowing one to take fruit by reaching in through the new opening. The Chachamim say that one may take the fruit. But to break open any part of the storehouse l’Chatchilah is prohibited. Reb Meir says that one is permitted to break open the storehouse l’Chatchilah in order to get to the fruit.

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Interestingly, the Gemara only discusses as to why Reb Meir allows to break into the warehouse, (there is an issue with the melachah of סותר  destroying) but does not discuss the obvious issue according to both, the Chachamim and Reb Meir, namely the melachah of Muktzah.

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Why is one permitted to take the fruit on Yom Tov when the storehouse was locked at the onset of Yom Tov but became breached on Yom Tov? If the fruit was locked within the storehouse in such a way that it was not accessible during Bein ha’Shemashos, the fruit should be Muktzah?

2- Rashi explains that when an object may not be used at the start of Yom Tov only because of an Isur d’Rabanan, the object is not considered Muktzah.  In this case, in order to get to the fruits one merely needs to do an act which is an Isur d’Rabanan of Stirah, since the storehouse is built with unncemented rows of bricks (as the Gemara says). Therefore, the fruit is not Muktzah Machmas Isur.

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Tosfos asks that there are a number of sources which teach that an Isur d’Rabanan does create Muktzah, such as in the case of a bed on which money was left during Bein ha’Shemashos, and a basket on which there were chicks during Bein ha’Shemashos. In those cases, the bed and basket become a “Basis l’Davar he’Asur”  – בסיס לדבר האסור, and may not be moved the entire Shabbos.

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3- We mentioned that the Rashba asks this question. He proposes that the Mishnah refers to a case of a storehouse which is already beginning to break down and is likely to collapse on Yom Tov, and thus one certainly had intention to use the fruit inside of it.

4- The Ramban offers an interesting explanation:

Perhaps the fruits are not considered Muktza because there is nothing inherently wrong with them. It is an external factor which prevents one from eating them – the wall that stands between the fruits and the person. The fruits themselves are fit to be eaten on Shabbos. For this reason, the fruits cannot be compared to an oil-lamp that was burning at the start of Shabbos, in which case the oil was unable to be used because of the Isur against extinguishing the fire (Mechabeh) by removing the oil from the lamp. That Isur is inherent in the oil itself.

5- We mentioned another explanation based upon the idea of the נתיבות, Toras Chesed  – and –  Reb Yosef Engel ( אתוון דאורייתא כלל י, כב ) that as opposed to something that is prohibited Min HaTorah where the actual item (such as food) is prohibited when something is prohibited only MideRabonon the prohibition is only on the person. It does not make the item itself an Isur.

Based on this idea, for example, if one eats unintentionally, something that is prohibited only MideRabonon it would not be considered eating something treif!

This concept would perhaps help understand Rashi’s and the Ramban’s answer as to why the fruits in the warehouse, despite the fact that the only way to reach them would be by transgressing something MideRabonon, does not render the fruit Muktzah.

We mentioned that the Alter Rebbe in Tanya (8) seems to disagree with this idea.

שאף מי שאכל מאכל איסור בלא הודע לשם שמים לעבוד ה’ בכח אכילה ההיא וגם פעל ועשה כן וקרא והתפלל בכח אכילה ההיא אין החיות שבה עולה ומתלבשת בתיבות התורה והתפלה כמו ההיתר מפני איסורה בידי הס”א משלש קליפות הטמאות ואפי’ הוא איסור דרבנן שחמורים דברי סופרים יותר מדברי תורה כו’

6- We began the sugya that discusses a situation where a house or chest were sealed by a tied cord or rope. Entry on Shabbos or Yom Tov can be gained only be either untying, unraveling, or cutting the rope. Shmuel ruled that knots locking a house, since the entire house is ‘attached to the ground’ may be untied, but not unraveled or cut. That would be considered סותר.

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On the other hand, those attached to , for example a s chest,  כלים , may even be cut or unraveled.  אין בנין וסתירה בכלים.

7- Speaking of unraveling of fraying strings –  we mentioned the Halacha that in addition the checking ones ציצית one needs to separate the 8 strings of the  ציצית prior to putting on a tallis or טלית קטן. See here Alter Rebbe 8, 12.

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What does one do on Shabbos? Is separating the strings considered ‘untying”? See footnotes there.

We mentioned the Mishna Brura (OC 8, 18) that quotes from “the Arizal’ that the acrostic of the word ציצית  is:

צדיק יבדוק ציצית תמיד.

The source is the Siddur of the Rama”k with the פירוש אור ישר לר’ מאיר פופרש.

8- We concluded with an interesting question posed to the נודע ביהודה the Rav of Prague. When making an ערוב חצירות the custom is to place a communal box of Matzah in a shul.

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יחזקאל לנדא

Now this ערוב needs to be accessible. The question was concerning a Shul that was sealed by the local government due to a dispute concerning a tax matter. The official seal was one with a tied rope. The only way to get to the Matzah would be by untying, unraveling or cutting the rope on Shabbos. See here. O”C (2) 39.

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Eiruv Matzah

The ,נודע ביהודה based on our Gemara, explores if any of these options (undoing the seal) are permitted on Shabbos.

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He concludes that regardless, the ערוב cannot be considered valid since in addition to the Halachik prohibitions there is the unlawful breaking the governmental seal! “Who would want to break open a seal placed by the king’s appointees”. Thus the Matzah is ‘inaccessible’.

 

 

 

Shiur 02/20/18 – Beitza 31a

Beitza 31a

1- We continued the Mishna that discusses the collecting of firewood for Yom Tov cooking and or heating. Only wood that has been prepared prior to Yom Tov can be used. So loose branches in one’s yard or field may not be ‘prepared’ in the user’s mind for Yom Tov and therefore unusable.  

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2- As mentioned last week, some say that the reason for the limitations on where the wood may be collected from is due to the concept of מעמר, gathering. The problem is the מלאכה  of מעמר – the prohibition to collect fruits, vegetables, grass, twigs, and the like and creating a pile.

See here in the Alter Rebbe’s Shulchan Aruch. 340, 15

3- Now see here where the Alter Rebbe brings the Gemara about collecting fruits that are strewn about in a yard. 335, 5. The rule is that although they may be collected one should not put them into a basket. ‘As one would do during a weekday’.

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4- We mentioned the ancient Minhag of entertaining children on Simchas Torah by throwing apples for them to catch.

The text we learnt was from the  סימן  in  the Shulchan Aruch on Simchas Torah  #669 that contains ‘one סעיף only’ ! [One guesses that day is not particular suitable to learn….with all the Chitas and מעביר סדרה and the partying…..]  

In any case, the באר היטב  quotes the  רבינו בחיי   who frowns upon this custom. But he continues to quote a Medrash from Megilas Esther that this Minhag was mentioned by המן  to אחשוורוש as ‘proof’ of the Jews being quite different than the rest of the world!

On the other hand he suggests that perhaps this custom got a bit out of hand and therefore frowned upon by רבינו בחיי.

5- What does all this have to do with our Gemara?

We mentioned the famed Rov from Bucharest Reb Yaakov Meir Spielman. His Sefer, טל אורות, is known as a good introduction to Kabbalah and vol 1 is based largely Chabad Chassidus. Interestingly, one of the הסכמות on the ספר is from a Lubavitcher, Reb Yosef Tumarkin, Rov of Kremenchuk.

Reb Yaakov Meir Spielman writes in another of his books that perhaps the reason the apple throwing was not very popular by some רבנים was because of the apples that needed to be collected after the throwing! As above, collecting them into a basket is problematic.

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6- We then moved onto another topic that connects our Gemara with Purim.

Very briefly, on Purim the Megillah is read twice on the 14th day of Adar. In city that has walls, or had walls going back to the time of יהושוע בן נון,  it is read on the 15th.

The reason is explained in the Megillah itself and elaborated upon in Masechet Megillah.

What about the towns adjacent to a walled city? Or a town that the walled city can be seen from it?

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We learnt the ב”ח  that writes [688] what the definition of ‘adjacent’ is ‘very close’.  Based on a Rashi in our Mishna regarding the קרפף  that is ‘adjacent’ to the city. As Rashi says.  סמוך – ממש.

 

Shiur 02/13/18 – Beitza 30b


Beitzah 30b (3)

1- We continued the topic of מוקצה מחמת מצוה, ‘Muktza because of a Mitzvah’.

Once the Mitzvah begins it “locks” as Muktza and its status cannot be changed until the end of Yom Tov.

Such as with a Sukkah. As per last weeks shiur, at the start of Yom Tov the Sukkah becomes ‘Muktzah of a Mitzvah’ and one can’t use the walls, the סכך or the  נוי סוכה for personal use.

Additionally, one cannot make a תנאי for the Muktzah to disappear on the סכך or the walls.

 נוי סוכה on the other hand, while being in the category of ‘Muktza because of a Mitzvah’ one can indeed make a condition before the start of Yom Tov that he will remove the נוי סוכה and use it for his personal use.

2- The Gemara now explains the unique law concerning an Esrog. When one has 7 Esrogim with plans to use one each day of Sukkos he may indeed bentch on the particular Esrog and then eat it! (According to Rav or wait until the next day to eat it according to Rav Asi).

So a condition does seem to work on the Esrog and the issue here is why is the Esrog different than the Suka.

The Gemara’s reasoning is that as opposed to the Sukkah which is a continuous Mitzvah for the entire 7 days and nights of the Yom Tov, an Esrog’s Mitzva is only during the day. Thus the nights separate the Mitzvah. So the ‘Muktza because of a Mitzvah’ never locks in for the full seven days fi one makes a  תנאי. 

3- Gemara then states that all the above, Sukkah, schach and noy Suka are prohibited until after Simchas Torah.

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So cutting a piece off the Esrog to mix it into the Mashke during Hakofos is not a good idea…..

Tosfos says that if Shabbos follows Simchas Torah the Muktzah stretches until after Shabbos.  We discussed the reason behind this.

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4- Mentioned what some achronim write that one should only hang noy Suka using items that one would display in his home. Items that are not suitable, dignified and respectful to place in a home should not be placed in a Suka.

5- Mentioned the ראשית חכמה  Kedusha 15 that one should not talk דברים בטלים in the Sukkah.

How does that jive with תשבו כעיו תדורו?

He explains that the קדושה of the Sukkah makes it holier that a house! The proof is from the fact that the Sukkah has the same  קדושה  as a Korban which is the reason it becomes ‘Muktza because of a Mitzvah’.

6- The next Mishna discusses the collecting of firewood for Yom Tov cooking and or heating.

Only wood that has been prepared prior to Yom Tov can be used. So loose branches in one’s yard or field are not  ‘prepared’ before Yom Tov and therefore unusable.  

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The Mishna and following Gemara discuss the various types of ‘fields’ ‘farms’ and ‘yards’ that collecting firewood from there is OK.

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Interestingly, it does not say as to why should not all firewood be allowed to be collected.

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A- Rashi and Tosfos – the issues is Muktza. If it is not in a safe location around his house then presumably he did not rely on this wood and therefore Muktza.

B- The Ro”h and the Ra”n say that muktza is not an issue as this Mishna follows the opinion of Reb Shimon.

The problem is the מלאכה  of מעמר – the prohibition to collect fruits, vegetables, grass, twigs, and the like.

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Consolidating things which grew from the ground (such as dates) into one mass is also biblically forbidden because of Me’amer even when done indoors.

Since it is Yom Tov then one would conceivably be permitted to do מעמר  for the purpose of preparing food just as cooking is permitted.

So why are there guidelines as to what firewood can be collected?

The reason is that if one collects wood that is strewn about and/or  not safe it seems that he is collecting wood for more than the actual days of this Yom Tov. It appears that he is pilling wood for future use and therefore אסור מדרבנן.

Such is also the opinion of the Alter Rebbe.

More next week.

 

Shiur 02/06/18 Beitza 30b (2)

Beitza 30b (2)

1- We discussed the sugya of the מקצה מחמת מצוה.

נוי סוכה

The classic example is the Sukkah. Once the Sukkah is built and Yom Tov begins, one may not use any portion of it for personal use, including the נוי סוכה. This applies even if the Sukkah was demolished for whatever reason.

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Now can we use the walls for something else?

Our Gemara quotes Reb Akiva and Reb Yehuda Ben Beseirah who base this מוקצה  of the Sukkah by comparing it to the קרבן חגיגה: Just as a Korban is holy and cannot be used for anything but a Korban, similarly, a Sukkah is sanctified for the entire 7 days of Sukkos.

(Actually until the end of Simchas Torah, plus;  we’ll discuss this next week bl”n)  

2- We discussed the opinion of the Rambam that this מוקצה applies to the walls as well as to the  סכך . Most other Rishonim argue and say it applies only to the סכך; the walls are מקצה only מדרבנן.  The Alter Rebbe agrees with them.

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2 walls and a tefach

3- We quoted the opinion of Rabbeinu Tam in Tosfos that this Muktzah Min Hatorah applies only to the very minimum needed to build a Sukkah Min Hatora, i.e. two walls and a tefach. The rest is only מדרבנן.

4- This concept is used elsewhere. We mentioned the question asked to the תשורת שי. concerning an addition built to a shul as a temporary Ezras Noshim. Years passed and a Mikvah was proposed to be built in that addition. No one recalled if this addition was ever actually used as a Shul  which would preclude changing its status.

The תשורת שי uses the idea of Rabbeinu Tam that the addition is not considered part and parcel of the Shul despite it being attached to the Shul.

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5- We had a heated debate about the next piece of Gemara which discusses the issue of whether a (stipulation) תנאי can be made prior to Yom Tov that would  remove the sanctity of the סכך walls or the decorations of the Sukkah in case the Sukkah would fall.

In short: The Beraisa says about the wood of a Sukkah that if one makes a condition תנאי  and expresses his intent to use the wood of the Sukkah on Yom Tov, then the תנאי works to permit him to use the wood.

 

However, the תנאי works only for the wood of a Sukah on a Yom Tov other than Sukkos – e.g. a hut on Pesach.

On Sukkos itself, a תנאי does not work to permit the use of the wood of a Sukkah-Shel-Mitzvah because the Torah gives Kedushah to such a Sukkah at the moment Yom Tov enters. As soon as Bein ha’Shemashos arrives the Sukkah becomes designated for use as a Sukkah and its wood may not be used for any other purpose.

6- Similarly, can one can make a תנאי  when lighting the Shabbos candles that when the fire extinguishes the candelabra would become non Muktzah?

The Alter Rebbe quotes 2 opinions and rules like the Ramah that such a condition is should not be used.

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7- Discussion about sitting in a Sukkah while its raining. According to the pure Halachah, one is פטור to sit in the Sukkah at that time. So why is it not considered having הנאה (prohibited as above, just like the קרבן חגיגיה) of the Suka when not performing the Mitzvah?

Is it perhaps of the תנאי that we assume one makes before Sukos that the Suka is ‘not a Suka של מצוה’ at such time?

See here from the  עונג יו”ט

http://beta.hebrewbooks.org/pdfpager.aspx?req=1104&st=&pgnum=161

8- We spoke about the ancient custom of treating hepatitis or other liver illness with pigeons. Technically speaking, it is supposed to reduce the bilirubin in the patient.  (This is the “yellow” the mohel looks for when he inspects the newborn the day before the bris).

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…wait, what?!

As the custom goes, placing a healthy pigeon on the navel of the patient is supposed to draw out the illness from the patient into the pigeon, which soon dies. This is repeated until the last pigeon placed on the patient remains alive. 

Believe it….. or not.

Keep healthy.

 

 

Shiur 01/30/18 – Beitza 30b

Beitza 30b

1- The next Mishnah talks about the removing wood from a Suka on Yom Tov.

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“One may not remove wood from the Sukkah, but wood that is close to the Suka is permitted”.  

From the Mishna itself it is unclear if it is referring to:

1- A Sukkah on Sukos or a Sukkah on another Yom Tov.

2- The סכך or the walls.

3- What means ‘from’ and ‘close’.

The Gemara continues to explain the distinction between the permitted case and the prohibited case.

2- We discussed the opinions of Reb Yehudah who prohibits Muktzah on Shabbos and Yom Tov and Reb Shimon that permits it.

Now,  even according to Reb Shimon there are instances that he too would prohibit Muktzah. Such as when the person intentionally does something that shows his total dissociation with using this object for the upcoming Shabbos or Yom Tov.

Example: The process of drying fruit. A few days after putting away fruit to dry the fruits begin to decompose and are thus inedible. So if a person decides on Shabbos and Yom Tov to go into this compost pile to see if  perhaps there is a fruit that is still edible,  that would be prohibited even according to Reb Shimon.

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We suggested a gauge where on one side would be the items where Muktzah applies according to all opinions, in the middle  where only Reb Yehuda would prohibit it and on the other side the leniency of Reb Shimon permitting Muktzah.

3- The classic example of Reb Shimon and Reb Yehuda’s opinion is the case where one fills a cup or candle holder with oil for only, say, 12 hours, and ignites it before Shabbos. At the moment of the start of Shabbos this burning candle it is definitely Muktzah at that time.

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According to Reb Yehuda, this moment ‘locks’ and remains that way even after the candle extinguishes.

Conversely, Reb Shimon’s opinion is that while the candle is burning, then of course one may not touch it.  But once extinguished, it becomes permissible to touch and move. There is no ‘lock’ concept to prohibit it after this period expires.

[If one fills the cup with oil for 24 hours and it unexpectedly extinguishes even Reb Shimon would consider this candle Muktzah]  

4- Can one make a condition, according to Reb Yehuda, that when extinguished he will use the leftover oil?

We will discuss this next week IY”H.

5- We mentioned something semi humorously.

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There is a malady called ‘cellulitis’. (Thank you Dr. Malachovski).

In Yiddish it’s called a ‘Roiz’. רויז.

In Hebrew – שושנה.

Today this infection is treated with antibiotics.

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In the not so distant past, each Jewish community would have a local ‘doctor’ that would “opshrech’ this sickness. This voodoo treatment was secret and would be handed down from mouth to mouth.

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I heard that in Crown Heights it was a certain Rov that would be visited for ‘treatment’. Rumour has it that some writing with a quill would be done on the swollen area…..

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In some Seforim one finds another cure. The smearing of the leftover oil from the  Chanukah מנורה.

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 חנוכה oil?!

What is the basis of this cure?

Well. one of the popular Chanukah songs contain the words:

ומנותר קנקנים נעשה נס לשושנים

Literally translated as:

From the bit of leftover oil (found in the Beis Hamikdash) a miracle occurred to the Jews (who are likened to a שושנה – a rose).

illustration found in a Machzor (Worms, Germany) ca. 1280

Taken a step further, since this infection is called a Roiz, and a Roiz is also a rose שושנה …..so it follows that by smearing the leftover Chanukah oil on a Roiz- שושנה, a miracle will happen and the healing will occur.

So far so good.

Now, the oil of the מנורה has some sanctity to it and one is prohibited from using it for other purposes. Only when it extinguishes can one use the balance.

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So the question here too is what happens if one pours oil to last an hour and makes a condition that if it extinguishes before the hour has passed he will use the leftover oil for a salad mix or to cure a Roiz………

 

 

 

Shiur 01/16/18 Beitza 30a

Beitza 30a (2)

1- We continued the sugia of    הנח להם לישראל מוטב שיהיו שוגגין ואל יהיו מזידין

In addition to the singing and dancing that the Mishna prohibits and yet no one rebukes the singers our Gemara brings another example when one remains silent and allows the violation to continue as a שוגג rather than speaking up and risking that people sin willfully.

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The case concerns the Halacho min Hatorah to add at least a few minutes prior to the actual beginning of Yom Kippur. תוספות יום הכיפורים

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Nevertheless, when one sees people eating on Erev Yom Kippur up until the Shekia because they are unaware of this Mitzvah, and we are quite sure that even if told they would continue eating anyway, we must remain silent. For it is better for them to eat ‘unintentionally’ than eat במזיד.

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2-  Discussed the מנהג of many shuls that announce before תקיעת שופר that one should not talk until after the end of Mussaf knowing that many in the crowd are not aware of this Halocha and will will talk anyway…..

3- We read the Minchas Elozor and his היתר  to sing and dance.

In short – he likens the singing and dancing of Chassidim to the permitted dancing on Simchas Torah according to the opinion that allows it as the Bais Yosef quotes.

א גאנץ יאר שמחת תורה!

4- לא היו ימים טובים לישראל כחמשה עשר באב וכיום הכיפורים

We mentioned the famous Mishna end of Taanis that describes the ‘two happiest days of the Jewish calendar’ – Yom Kippur the 15th day of Av “where Jewish girls would go and dance in the vineyards” for the purpose of looking for a mate.

Now how did they dance on Yom Kippur if dancing is prohibited? Unless this was before the גזירה  not to dance on Yom Tov!

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5- We spoke about the little bells on the crowns of the Sefer Torah that some have an issue with since in a sense they are made to create music or sounds.

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6- We came back to the תפארת ישראל again. We read the text about “a story he saw in some sefer regarding the portrait of Moshe Rabainu”.

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https://www.jstor.org/stable/23260707?seq=1#page_scan_tab_contents

על משה רבינו

http://hebrewbooks.org/pdfpager.aspx?req=14281&pgnum=176

This piece by the Tiferes Yisroel was yet another one of his that caused many to shun his books.

Many articles attacking the story and the TY were published.

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Here is one:

תגובות

http://hebrewbooks.org/32780

See here

FROM THE PAGES OF TRADITION Shnayer Z. Leiman R. ISRAEL LIPSCHUTZ: THE PORTRAIT OF MOSES INTRODUCTION:

(more on SZ Leiman)

Some historical figures generated controversy during their lifetime; others, perhaps more fortunate, generated controversy mostly after their death. Among the latter is R. Israel Lipschutz (1782-1860), rabbi of Danzig, whose commentary on the Mishnah, entitled Tileret Yisrael and published in a series of volumes between i 830 and i 850, remains unsurpassed as the consummate distillation of some J 000 years of rabbinic commentary on the Mishnah. After his death, an expanded version of the Tiferet Yisrael which was published in Vilna became for Mishnah what the Vilna edition of the Babylonian Talmud has become for Talmud, i.e., it is the definitive edition of text and commentary used in all traditional schools and synagogues.l The volumes were well received upon publication and gained in popularity with the passage of time. Ultimately, this led to an occasional raised eyebrow. What follows is an attempt to trace, albeit briefly, the history of what has become perhaps the most controversial passage in Lipschutz’ magnum opus. 2 The passage appears below in English translation.

The point of departure for Lipschutz’ controversial comment is a passage at M. Kiddushin 4:14 whose plain sense seems to be: “the best of physicians are destined to Gehenna.” Lipschutz was disturbed by the unhappy fate in store for the best of physicians and wondered aloud why the rabbis of the Mishnah looked with such a jaundiced eye on what in Lipschutz’ day was a reputable profession. His solution was a novel onc: he suggested that the best of physicians, precisely because they were the best, would be inclined to consult with their colleagues. Such arrogance could lead to malpractice; hence the Mishnaic admonition to the best of physicians: know that Gehenna awaits you. What the rabbis really wanted, explained Lipschutz, was that the best of physicians overcome their arrogance, consult with their colleagues, and assure themselves a share in the World to Come. Had Lipschutz remained content with the explanation as just summarized, the matter would have rested there. Almost gratuitously, however, Lipschutz continued his discussion by citing a remarkable legend without identifying its source. Briefly told, the legend relates that when Moses gained notoriety for leading the Israelites out of Egypt, an Arabian king sent an artist to the Israelite camp with orders to paint a portrait of Moses, and to return with it to Arabia. Upon receipt of the portrait, the king convened his physiognomists and charged them with the preparation of a physical analysis of Moses, so that the king would know whereIn lay the strength of Moses. The report based upon the analysis of the portrait was not a pleasant one. Moses was described as capricious, greedy, arrogant, indeed as being evil to the core. The king rebuked his physiognomists for their patently absurd analysis, at which point the physiognomists and the artist began hurling accusations at each other, each blaming the other for not having performed accurately their appointed task. The king decided to resolve the matter by a state visit to the Israelite camp in the Wilderness of Sinai. Upon sighting Moses, the king knew at once that the artist’s depiction was done with precision. The king concluded that his physiognomists were incompetent. Before returning to Arabia, however, he decided to relate to Moses all that had transpired. Moses assured the king that the physiognomists were as competent as the artist. Moses explained that by inclination he was all that the physiognomists had described, even worse. Only sustained self-discipline and sheer determination enabled him to overcome his natural inclination, and to attain the stature and glory that were now his. Like Moses, concluded Lipschutz, the best of physicians must be prepared to overcome pride and thereby attain glory.

What Lipschutz viewed as a compliment to Moses was seen by others as a gratuitous insult. Moreover, the insult was compounded by the fact no early Jewish source seemed to support Lipschutz’ account of the internalized transformation of Moses from sinner to saint. The broadsides against Lipschutz were not long in coming. The first of these was a pamphlet by R. Hayyim Isaac Aaron Rapoport’ (d. 1904), formerly maggid of Wilkomir but then a resident of Jerusalem entitled Quntres Zekhut ha-Rabbim and published in Jerusalem in 1894. In it, Rapoport adduced biblical, rabbinic, and kabbalistic passages that in his view proved that Moses was righteous from birth, i.e., that it was unnecessary for him to struggle with, and to overcome, his evil inclination. In a second pamphlet issued a year later,4 Rapoport claimed that the leading rabbinic scholars of his day were in agreement that Lipschutz’ account was taken into Jewish literature from a “chronicle,” i.e., from a non-Jewish source,5 Rapoport urged all Jews who owned Lipschutz’ commentary to blot out the offensive passage since it was “spurious and smacked of heresy. “6 Other witnesses against Lipschutz included R. Eliyahu David Rabinowitz-Teomim (d. 1905), then rabbi of the Lithuanian town of Mir, and R. Moses Joshua Leib Diskin (d. 1898), then rabbi in Jerusalem, Rabinowitz-Teomim wrote:7 “I have often rebuked those who cite this passage.

 

I have stated publicly that, with all due respect, the author of Tiferet Yisrael used poor judgment when he borrowed from the pagan literature of antiquity 8 such insulting remarks about the righteous Moses.” Diskin provided Rapoport with a series of astute arguments, all of which served to undermine the historicity of Lipschutz’ account. 9 Sometimes before 1901, R. Abraham Isaac Kook (d. 1935), then rabbi of Boisk in Lithuania, addressed a letter to a rabbinic colleague in which he cited approvingly Rapoport’s critique of Lipschutz 10 In 1928, R. Judah Leib Graubart (d. 1937), then Chief Rabbi of SI. Louis, denied the 92 Shnayer Z. Leiman historicity of Lipschutz’ account, adding that he- Lipschutz-copied it out from a German children’s storybook!!! More recently, in 1944, R. Menahem M. Kasher1i cited the passage from Lipschutz and added: “there is no source for this passage; it is imaginary.” Kashef is silent about rabbinic discussion prior to 1944. By far, the most strident denunciation of Lipschutz came from the pen of R. Judah Leib Maimon (d. 1962), religious Zionist, founder of Mosad Harav Kook, and one time Minister of Religions in the State of IsraeL. In 1955,J3 he suggested in no uncertain terms that the offensive passage be expunged from all future editions of Tiferet Yisrael. Maimon was not without influence, and when a year later the prestigious publishing house, EI ha-Meqoroth, published a new 13 volume edition of Tiferet Yisrael, the passage was expunged. Several Israeli editions of the Tiferet Yisrael have appeared since then with the passage expunged.

The most recent and learned of the denunciations appeared in 1971, when R. Mordekhai haKohen attempted the first systematic study of the passage. His study, indeed, is the point of departure for all who wish to advance discussion. It appears likely that Lipschutz did not borrow his account directly from a non-Jewish source. It was a well known legend in hasidic circles, and appeared in print as early as 1809 in R. Moses of Pshevorsk’s Or Pnei Moshe al ha- Torah. 15 R. Moses, a third generation hasidic master, died in 1806. He cites the story approvingly, indicating that he heard it said that the story appears in a book of ex empIa. In other words, for R. Moses of Pshevorsk, it was stil an oral teaching, which allegedly was available in print. Some four editions of the Or Pnei Moshe appeared in print before 1843, the year Lipschutz first published his commentary on Mishnah Kiddushin. Thus, Lipschutz meant what he said when he introduced his account with the words: “This accords with a delightful account that i once saw in writing. “16

Nonethcless, it would appear that Lipschutz’ critics were right after all. For no Jewish source prior to R. Moses of Pshevorsk knows the story with Moses as its hero. Even more damaging is the fact that earlier Jewish sources know the story, or variations of it, but with the hero identified as an anonymous wise man, or specifically as Aristotle.l? Typical of these earlier accounts is the version in R. Elijah ha-Kohen of Smyrna’s (d. 1729) Midrash Eliyahu which reads as follows:!8 Aristotle was learned in reading palm prints. Once, a scholar who claimed similar expertise, visited Aristotle’s city. In order to test the claim of the visiting scholar, Aristotle pressed his own palm on melted wax, gave the print to his disciples, and told them to ask the visiting scholar for a reading. The scholar examined the print and said: It is the print of a murderer and scoundrel adept in every wickedness,who is nonetheless a great scholar. The disciples, mocking the so-called scholar, reported the reading to Aristotle. Aristotle informed his disciples that the scholar was learned indeed and everything he said was true. Aristotle explained: my wisdom has enabled me to overcome, even to nullify, my ill-fated destiny. The late Professor Saul Lieberman was among the first to note that the story originated in classical Greco-Roman literature. 19 Clearly, Lieberman was suggesting that the earliest version of the account that would ultimately appear in Lipschutz’ Tiferet Yisrael was published in 45 H.C.E. in Cicero’s Tusculan Disputations. There, the hero is Socrates, not Aristotle. The setting is an attempt on Cicero’s part to persuade others that men are able to overcome their evil inclinations. The passage rcads:20 Moreover men who arc described as naturally irascible or compassionate or envious or anything of the kind, have an unhealthy constitution of soul, yet all the same are curable, as is said to have been Socrates’ case. Zopyrus,21 who claimed to discern every man’s nature from his appearance, charged Socrates in company with a number of vices which he enumerated, and when he was ridiculed by the rest who said they failed to recognize such vices in Socrates, Socrates himself came to his rescue by saying that he was naturally inclined to the vices named, but had cast them out of him by the help of reason. In the medieval period, the wisest of all men was thought to be Aristotle, hence the transfer of hero from Socrates to Aristotle.22

When the story entered Jewish literature, perhaps as early as the 13th eentury,23 the hero was either Aristotle or an anonymous sage. But by the 17th century Aristotle’s star had eclipsed, and it is not entirely surprising that in the 18th and 19th century Jewish sources the anonymous sage was identified as Moses. Especially noteworthy is the fact that several 18th and 19th century Jewish sources that seem to be unaware of our story are nevertheless aware that Moses had to struggle with, and ultimately subdue, his evil inclination. R. Hayyim Ibn Attar (d. 1743), kabbalist and exegete, writes:24 (Moses’) excellence in all the virtues was due entirely to his fear of God. Nothing in the natural makeup of his character aided him in attaining this excellence. One might think that he was naturally humble. The Torah therefore testifies that his successful efforts were due entirely to his fear of God. Similarly, R. Moses Hayyim Ephraim of Sudylkow (d. circa 1800), grandson of R. Israel Baal Shem Tov (d. circa 1760), writes in the name of his grandfather that “our teacher Moses was born with a natural inclination toward wickedness. Every viee was his. But he overcame his vices, transforming them into virtue. “25

 

This earthy view of Moses appears to have no parallel in classical talmudic or midrashic literature, nor do the kabbalistic sources seem to support such a view regarding Moses.26 The appearance of such a view in the writings of R. Hayyim Ibn Attar and R. Moses Hayyim Ephraim of Sudylkow, both especially popular in hasidic circles, as well as its ascription to the Besht, paved the way for the acceptance of the portrait of Moses’ legend among Hasidim. Although the legend would find a receptive ear in hasidic circles, others such as the maggid of Wilkomir, and especially R. Eliyahu David Rabinowitz- Teomim, were unimpressed. It was the latter who concluded in 1894 that Lipschutz’ passage was borrowed from the pagan literature of antiquity.

 

His instincts were right on target. 94 Shnayer Z. Leiman Who is greater: One who is virtuous by inclination or one who is virtuous by choice, i.e., one who must struggle with his evil inclination and forever transform potential vice into virtue?27

 

The question is an old one, addressed indirectly in the Talmud,28 and formulated most succinctly by MaImonides.29 It would appear that the carly hasidic masters were more enamored with the Jew who had to struggle with his inner-self in order to attain greatness. Hence it occasions little or no surprise when a hasidic master,30 or even Moses, is depicted as a model of such inner discipline. In Lithuania, in the late 19th century, at least some rabbinic authorities were persuaded that the truly great, and certainly Moses the Lawgiver, had to be virtuous by inclination. The truly great were to be characterized by an inner harmony that ruled out the psychological conflict reflected by Lipschutz’ legend. Lipschutz, though no hasid, was sufficiently distant from the perspective of the Lithuanian talmudists that he could feel quite comfortable with the legend about Moses, and even refer to it as a “delightful account. “31 Fortunately, today we are free to make our own decision about the matter. At the bookstores one can acquire either the unexpurgated editions of Tiferet Yisrael-with the portrait of Moses legend intact-or the censored editions. The choice is ours. THE PORTRAIT OF MOSES The best of physicians are destined to Gehenna: It seems to me that this statement is hardly pejorative; rather, it was intended as praise of the competent physician.

 

This accords with a delightful account that I once saw in writing. When Moses led the Israelites out of Egypt, the nations heard, they trembled, etc. (Exodus i5: i4). They were particularly curious about Moses, the man through whom all these marvelous deeds had transpired. So much so, that an Arabian king sent a gifted artist to the Israelite encampment with orders to paint a portrait of the Israelite leader, and to return with it to Arabia. The artist went, painted the portrait, and brought it to the king. The king then sent for his physiognomists, and ordered them to prepare an analysis of Moses’ character, virtues, and strengths based upon his facial features as reflected in the portrait. The physiognomists complied with the king’s order and reported as follows: “If we are to render judgment solely on the basis of the facial features in the portrait, we must report, 0 King, that-despite his distinguished reputation-he is entirely wicked, arrogant, greedy, capricious, indeed suffused with every known vice. Upon hearing the analysis, the king was livid. “You are sporting with me,” he cried out. “From every corner of the globe I have heard just the opposite regarding this great man. “The physiognomists and the artist were seized with fright; they responded to the king pusillanimously, each accusing the 95 TRADITION: A Journal oj Orthodox Thoultht other of incompetence. The artist claimed that the portrait was executed with precision; it was the physiognomists who had erred in their interpretation of the portrait. The physiognomists, in turn, blamed the artist, claiming that the portrait of Moses was obviously inaccurate. The king, determined to resolve the matter, set out in his chariot on a state visit-accompanied by his troops-to the Israelite camp. Upon sighting Moses, the man of God, from the distance, he took out the portrait, gazed at it and at Moses, and knew at once that the artist’s depiction had been executed with precision.

 

The king was astounded. He entered the tent of Moses, the man of God, bowed down before him, and related the entire story to him. He concluded his remarks as follows: “Before I gazed upon your face, 0 man of God, I suspected that the artist had been incompetent, for my physiognomists are without peer. Now that I have established that the portrait is accurate, I can only conclude that the physiognomists are at fault; they have deceived me. Their wisdom comes to naught. I have been supporting them even as they misled me with their nonsense. ” Moses, the man of God, replied: “Not so. Indeed, the artist and the physiognomists are exceedingly competent and wise. Know that if I were naturally virtuous, I would be no more deserving of praise than is a block of wood. For it too has no human faults. I am not ashamed to admit, however, that I am naturally inclined to all the vices listed by the physiognomists, and then some. With great effort and determination, I overcame my inclinations until their very opposites became second nature to me. That is how I earned the glory that I now enjoy in heaven above and on earth below.” We can now understand the mishnaic statement and how it praises the physician. Note that the Mishnah does not read: “The most competent (kasherJ of physicians are destined to Gehenna,” as it reads later regarding slaughterers. The term “best” (tov J, here, does not necessarily connote “the most competent,” but rather that physician who perceives himself to be the most competent of alL. He is destined to Gehenna for, due to his arrogance, he will rely entirely on his own knowledge and wiii not be inclined to consult with colleagues when in doubt. Surely it is appropriate for one whose word and pen decide matters of life and death to consult with colleagues. Moreover, due to his arrogance, it never enters his mind that he may have been misled by his own imagination. He doesn’t even take the trouble to consult the medical manuals before prescribing medicines whose side-effects may cause serious damage to the patient. Notice that the Tanna does not say that “the best of physicians” is wicked, or that he is definitely consigned to Gehenna, but rather that he is “destined to Gehenna,” i.e., he has an inclination 96 Shnayer Z. Leiman that may well lead him to Gehenna. Precisely because his inclination leads to Gehenna, all the greater is the physician’s reward and praise when he overcomes his inclination. NOTES 1. The first of the expanded editions was published in Berlin, 1862. Starting in 1887, the commentary was republished in a variety of formats at Vilna, culminating with the 12 volume 1927 edition–the standard rabbinic edition of the Mishnah.

 

Recent American and Israeli editions of Tiferet Yisrael are more or less faithful photographic reproductions of the Vilna, 1927 edition. Cf. the discussion below. 2. The passage first appeared in the editio principes of Tiferet Yisrael (to Mishnah: Seder NashimJ, Danzig, 1843, pp. 160a-160b. Correct, accordingly, M Hakohen, ¡shim u-Tequfnt, Jerusalem, 1977, p. 9, n. 17, who lists the editio princepes as “Vilna, circa 1860.” The passage can be located in any of the later editions at Lipschutz’ comment to M. Kiddushin 4: 14. 3. For a brief biography, full bibliography, and photograph of Rapoport, see N. Ben Menahem, “R. Hayyim yitzhak Aharon Rapoport u-Sefarav,” Tagim 2 (1971) 65-72. 4. Quntres Keli Tiferet, Jerusalem, 1895. 5. Ibid., title page. 6. Ibid., introduction. 7.

 

Letter of approbation to Rapoport’s Quntres Zekhut ha-Rabbim, Jerusalem 1894. 8. The italics are mine. 9. Cited in Rapoport, Quntres Lekhut ha-Rabbim, pp. 5a-5b. Typical of Diskin’s cleverness is the foIlowing argument. At Exodus 18:21, Moses was called upon to seek out and appoint as judges God-fearing, trustworthy men who spurned bribery, surely no easy task. According to the Zohar (to Exodus, p. 78a), the task was made easy through the science of physiognomy. Moses was to select the appropriate judges by reading their physiognomic signs and thereby determining their true character.

 

Now, argued Diskin, there are only two possibilities. Either one’s physiognomic signs appear at birth and never change, or they change as one’s character changes. If they appear at birth and never change, how was Moses able to select the appropriate judges? After all, he could easily have selected someone whose physiognomic signs indicated that he was God-fearing and trustworthy when, in fact, he was quite the opposite due to changes in his character! Clearly, then, the Zohar’s view must be that one’s physiognomic signs change as one’s character changes. By reading those signs, Moses could be certain that he was selecting appropriate judges at least for the time being. If so, concluded Diskin, Lipschutz’ account was imaginary. For by the time Moses’ portrait was painted in the wilderness, Moses’ character had changed and so too, therefore, his physiognomic signs. Those signs could not have been interpreted pejoratively by the Arabian physiognomists, as claimed by Lipschutz. Interestingly, Diskin’s analysis of the Zohar’s view on physiognomy accords with that of the oldest extant classical handbook on physiognomy.

 

The author of the pseudo Aristotellian Physiognomy writes as follows: It seems to me that soul and body react on each other; when the character of the soul changes, it also changes the form of the body, and, conversely, when the form of the body changes, it changes the character of the soul. See Elizabeth C. Evans, Physiognomies in the Ancient World, Philadelphia, 1969 (Transactions of the American Philosophical Society, new series, vol. 59, part 5, 1969, pp. 1-101), pp. 7~8. lO. See R. Simeon Hakohen of Mitau, Sha’ar Shimeon, Vilna, 1901, p. 53. i i. R. Judah Leib Graubart, “Yaqar mi-Zolel, ” Ilapardes i (1928), n. lO- i 1, pp. 25-26. 12. M. M. Kasher, Torah Shelemah, New York, 1944, vol. 9, p. 57. 13. J. L. Maimon in Sinai 36 (1955) 502-505. Cf. his mi-Dei Hodesh be-Hodsho, Jerusalem, 1955, voL. 1, pp. 286-288. 14. M. Hakohen, “Pnei Moshe,” Panim el Panim, April 9,1971, number 618-619, pp. 12-22. The study was reissued with minor revision in HaKohen’s ¡shim u-Tequfot, Jerusalem, 1977, pp. 7-25. All references to HaKohen in this essay are to the 1977 version. 97 TRADITION: A Journal of Orthodox Thought 15. Mczhircch, 1809, parashat huqqat (beginning). 16. It seems clear to me, however, that Lipschutz’ immediate source was not the Or Pnei Mushe. Substantive differences between the two accounts make it unlikely that the one was borrowed directly from the other. 17. The earliest account appears to be preserved in a 13th century commentary on Sefer Yetzirah falsely ascribed to R. Saadia Gaan. See SeIer Yetzirah, ed. Lewin-Epstein, Jerusalem, 1965, p. 73. I am indebted to Professor E. E. Urbach for bringing this passage to my attention. Another carly account appears in Shilah Mequhhetzet to B. l”‘cdarim 32b. For other accounts, see the study referred 10 below in note 31. IS. Midrash Eliyahu, Izmir, 1759, derush 9. 19. In a personal communication to lIakohen, op. cit., p. 24. See also H. Y. Pollak’s note in R. Isaac Arama, Aqedat Yitzhak, Pressburg, 1849, vol. 4, p. 85b; 1. ß. Levinsohn. Teudah be-Yisrael. second edition, Vilna, 1855, p. 123; and R. Yosef Zekhariah Stern, Maamar Tahalukhot ha-Aggadah, Warsaw, 1902 (reissued: Jerusalem, 1968), p. 20a. 20. Cicero, Tusculan Disputations, edited and translated by J. E. King, London, 1927, IV, XXXVII, 80, p. 419. 21. Zopyrus, a contemporary of Socrates, appears to have been the first professional physiognomist whose name has come down to us. Cf. R. Forester, ed., Scriptores Physiognomonici Graeci et Latini, Leipzig, 1893, vol. i, pp. vii-xii. 22. See, e.g., S. Horovitz, Die Stellung des Aristoteles bei den Juden des Mittelalters, Leipzig, 191 i; and E. N. Adler, “Aristotle and the Jews,” Revue des Etudes Juives 82 (1926) 91-102. 23. See above, n. 17. 24. Or ha-Hayyim to Deuteronomy 33: i. 25. Degel Mahaneh Fj”rayim, Koreti., 18JO,parashat ki-tissa, end. 26. See, e.g., Zohar, vol. 2, p. 12a where Moses is described as having been united with the Shekhinah from hirth. 27. Much turns on the meaning of “greater.” “Greater” in what sense? “Greater” in whose eyes? The Babylonian Talmud (see next note) discusses the relative merits of penitent sinners vis-à-vis the righteous who never sin. But the talmudie discussion apparently says nothing about potential sinners who restrain themselves vis-à-vis the righteous who have no inclination to sin. M. Aboth 5:23 posits that reward is according to the effort expended. But “reward” and “greatness” are not necessarily interchangeable terms, and the one need not be a measure of the other. 28. B. Berakhoth 34b and parallels. Cf. previous note. 29. Shemonah Peraqim, chapter 6, in Mishnah im Perush Rabbenu Moshe Ben Maimon, ed. Qafih with Arabic original, Jerusalem, 1965, voL 4, pp. 39J-393. Cf. R. Isaac Arama, Aqedat yitzhak, Pressburg, 1849, voL. 5, pp. 101-106. 30. E.g., R. Nahman of Bratslav (d. 1810). See A. Green, Tormented Master, New York, 1981, pp. 14-16 and passim. The notion that religious piety is measured according to the extent that righteous deeds are performed in the line of greatest resistance has its roots in antiquity (see above, n. 27). For this notiOn among hasidei ashkenaz, see H. Soloveitchik, “Three Themes in Sefer Hasidim,” AssociationjorJewish ,’)’tudies Review i (1976), p. 324 and the references cited there at note 32. 31. After the legend was incorporated into hasidic literature (by R. Moses of Pshevorsk) and mainstream rabbinic literature (by Lipschutz), it became the point of departure for much (mostly) rabbinic discussion. For references other than those cited here, see S. Leiman, “R. Israel Lipschutz and the Portrait of Moses Controversy,” in 1. Twersky, ed., Danzig, Between East and West: Aspects oj Modern Jewish History, Cambridge, 1985, pp. 51-63. 98

Beitza 30a

Beitza 30a

1- We continued learning the Gemara about certain types of work permitted on Yom Tov that need to be done with a slight change.

 

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2- A question is raised as to why no directive was issued to the women who shlep the water from the river or well to do it differently on Yom Tom.

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קובץ:YakovSapir.jpg

3- We mentioned the Jewish traveler of the 18th century Reb Yakov Sapir. His story with the ‘demons’ puncturing holes in the water jugs in Yemen and his solution.

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1024 × 768 – itrustican.blogspot.com

מוטב שיהיו שוגגין ואל יהיו מזידין

4- We began the sugya of “not advising people who are transgressing to stop if they are unaware of the sin they are transgressing and will not listen anyway”. More on this next week.

5- The Gemara quotes the Mishna that prohibits the dancing and clapping on Shabbos and Yom Tov.

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This is an interesting topic since it states quite clearly in the Mishna, Gemara, Rambam, Shulchan Aruch, Alter Rebbe’s as well that one should not dance to clap on Shabbos and Yom Tov.

אין מטפחין ואין מספקין ואין מרקדין,

We learned the Tosfos that finds a ‘heter’,  – because “today” we do not know how to repair instruments so therefore it is not the decree does not apply –  but, as above that is not the Halacha.

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Indeed, in regards to not clapping, that was also the minhag Chabad,

It was only from when the Rebbe spoke about this and justified the clapping.  He mentioned the Munkatcher’s reasoning as to why it is permitted.

We studied the text of the Tur:

http://beta.hebrewbooks.org/tursa.aspx?a=oc_x1413

Next week the

מנחת אלעזר על מטפחין ורוקדים בשויו”ט.

http://beta.hebrewbooks.org/pdfpager.aspx?req=10155&st=&pgnum=101

 

Shiur Beitza 29b 01/02/2018

Beitza 29b

1- Our Gemara discusses the re-sifting of  flour on Yom Tov.

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The purpose of it is only to improve its appearance. If it makes the flour finer then it would be prohibited.

The Gemara relates several stories of women that re-sifted flour with a ‘shinui’. Wives of Rav Yosef and Rav Ashi.

2- We moved to the next Mishna where instruction are given on how to buy on Yom Tov without mentioning weight, price or amounts.

 

 

3- We began the next Perek with the Mishna discussing on how to transport or move heavy food objects such as barrels of wine.

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Point to ponder: One has the option of either making many trips of small loads or fewer trips with a heavier loads.

Which is the better choice?

4- We diverted to talk (again) about the Tiferes Yisroel.

Image result for ‫ישראל ליפשיץ‬‎

English

https://en.wikipedia.org/wiki/Israel_Lipschitz

Hebrew

https://he.wikipedia.org/wiki/%D7%99%D7%A9%D7%A8%D7%90%D7%9C_%D7%9C%D7%99%D7%A4%D7%A9%D7%99%D7%A5#cite_note-2

5- His famous writing concerning the idea if the world we live in has existed before!

תפארת ישראל – דרוש אור החיים

https://he.wikisource.org/wiki/%D7%93%D7%A8%D7%95%D7%A9_%D7%90%D7%95%D7%A8_%D7%94%D7%97%D7%99%D7%99%D7%9D

He quotes many sources that state that our world had existed for 6,000 years, destroyed and then repopulated. This happened already 3 times, we are in the fourth time around with 3 more to go for a total of 7!

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Hence the discovery of dinosaur bones. Hence the many sciences that conclude the age of the world as more than 6,000 years.

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6- The Munkatcher was so upset at him for writing this (despite respecting him for his scholastic achievements) that he removed his books from his house…..

המנח”א הוציאו מביתו!

http://hebrewbooks.org/pdfpager.aspx?req=1859&pgnum=165

See more here

http://hebrewbooks.org/pdfpager.aspx?req=13592&pgnum=205

7- We learnt the text of the Maamor of the Alter Rebbe in תורה אור ד”ה מי שם פה.

http://beta.hebrewbooks.org/pdfpager.aspx?req=16069&st=&pgnum=110

The AR writes that there were some Mekubolim that were of the opinion that this world had already existed once before (only). Nevertheless, the prevailing opinion is that of the Ariza”l that this prior existence was a spiritual only.  Additionally, there will be no ‘new world’ after this one reaches 6,000 years.

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So relax, no physical world existed prior to this one. We’re on first…….

 Next week – another very controversial piece of the Tiferes Isroel.

 

Shiur 12/19/17 – Beitza 29a (2)

Beitza 29a (2)

1- The Gemara relates that Aba Shaul ben Botnis once collected 300 barrels of wine from the “Birurei ha’Midos” of wine that he sold. Each time he would pour wine into the buyer’s jugs, the wine would foam up and prevent the full measure (for which he was paid) from being filled.

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Being that he didn’t want to benefit from this accumulated wine he brought it to the treasurers of the Beis Hamikdash. They advised him to sell the wine and use the proceeds to fund public water works.

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2 -Our Gemara discusses that one who steals and does not know from whom he stole should use the stolen property to provide public needs רבים  צרכי  The reason the money should go towards public projects is so that the victim should be able to benefit from the public project that was paid for with the stolen funds.

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3- We mentioned the Aruch HaShulchan that explains that we expect that Hashem, through Divine Providence, will bring about the necessary circumstances to allow the victim to benefit from this project.

4- What  if there is reasonable certainty that the victim will not benefit from the project. For example, if the thief is presently in a distant country from where the original theft took place and it is unreasonable to think that the victim will ever benefit from the public need provided by the thief.

Another issue is whether one can use the funds to provide a public need that is consumable, for example, providing oil or candles for a shul. Do any public needs qualify or does the public need have to be able to exist for a long period of time to provide the opportunity for the victim to benefit from this public need? Poskim tend to rule that the obligation is for the thief to provide a lasting public need which produces a reasonable possibility for the victim to benefit from the donation.

Discussing the donor’s names one sees on Mosdos – well…..

5- Rav Moshe Feinstein writes that one who stole money from a pushka and is donating the money back to the shul must ensure that his donation will be done quietly. In other words, when giving the money back to the shul one is not allowed to give the impression that a generous donation is being made so that it will generate appreciation or honor for the thief…

5- We related a story about creating item that the public can enjoy.

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Hat and Gartel gemach for public use

Found this on the Web:

On today’s daf we see from the anecdote involving Rav Abba Shaul ben Bitnis, that one who has caused a loss to an unknown person should make restitution to the public. A merchant from Porashov used to travel all over the Ukraine to peddle his wares.

Once, his business brought him to the vicinity of Shinova. When the merchant entered the town he heard from the locals that the famous Shinover Rebbe, zt”l, would be conducting a tisch that evening in honor of Rosh Chodesh. The merchant decided to take advantage of the opportunity to spend time in the Rebbe’s presence and joined the chassidim that evening. It just so happened that there were not many people at the tisch that night, so the stranger’s presence was quite noticeable.

The Rebbe greeted the newcomer and asked him a little about himself, his name and from where he had come. The merchant said, “I’m just passing through on business, but I’m from Porashov originally.” The Rebbe seemed quite pleased. “Oh, Porashov! It’s been a long while since we’ve seen someone from there!” He immediately withdrew a sum of money from his pocket and handed it to the man. “Please,” begged the Rebbe, “Do me a favor. When you return to Porashov, give this money to the people in charge of the railway depot just outside the town. I’d like it to be used to have benches made for the station.”

After the man left, the chassidim asked the Rebbe, “Is it usually the Rebbe’s practice to go around taking care of the railways’ business? And why give money specifically for the train station near Porashov?”

The Rebbe answered, “Once, I was waiting for the train at that station and a gang of goyishe ruffians threatened me. I ran off into the fields near the depot, and in my haste to hide I trampled what had been growing in them. The Gemara in Beitzah 29a says that anyone who steals without knowing from whom he stole should make restitution to the community at large. That’s why I’m paying to fix the benches there. I’ve been waiting so long for someone from Porashov to come so that I could pay my debt!” „

Mazal tov to our brother Sholom Mordechai!

 

 

Ari Chitrik Shiur Points