Sefer Chofetz Chaim Chapter 3, Halachos 1 and 2

Halacha 1: There are 3 levels of lashon hara all worse than the next.

A. Saying lashon hara behind one’s back which not only do you get a sin of lashon hara but you also get a curse for hurting someone in a hidden way.

B. Saying lashon hara about someone in the crowd. So he is there but it is not to his face.

C. Saying lashon hara to one’s face with a group around which not only do you have the sins of lashon hara and ona’as devarim which is insulting someone to his or her face but you are also acting in a very negative manner by using the terrible attribute of audacity and chutzpah besides the fact that you embarrassed the guy which if done without teshuva one has no share in the World to Come.

Halacha 2: There is a chaza”l that says if one is willing to say something to the guy’s face then it must be permissible to say but that is only in context of avak lashon hara, a statement that can be taken in two ways, good or bad, depending on one’s connotations, voice, movements, who it’s being said to etc. The fact that one is willing to say it to the guy’s face is usually a litmus test that he is saying something positive because the nature of a person is to avoid someone he is speaking bad about but that does not mean that if he is willing to speak negatively about the guy to his face it is permissible. It just means you are willing to stoop so low to go beyond human nature. For example if you say “someone is big” then that can mean he is a big fat lazy shlub or it can mean that he is big and strong and can help people lift things or protect them. Depending on how one says it, does he look or sound nervous when saying it confident. Or is he making gestures that look like he is making fun of the guy. Is it in context of trying to help someone in need or is it with a group of scoffer last that love making fun of people all these things must be taken into account but if he is willing to say the guy is big when he is right there it is most likely an indicator that it’s a positive statement. The key is to think of what you are about to say and how you are going to say it will cause more harm or will help.

Torah Riddles Test #54

  1. Question: According to the Pri Megadim what is the difference between a half slave half free person who can’t blow shofar or read megilla himself but could have someone do it for him and he fulfills those mitzvahs through the messenger but the Pri Megadim does not understand why a person can light Chanukah candles for another person who took on Shabbos early and forgot to light Chanukah candles?

Background:

A. The Pri Megadim did not understand how you can have someone else light Chanukah candles for you if you accidentally first lit Shabbos candles because there is a rule that whatever you can’t do your messenger can’t do for you. This is because the messenger of a person is like himself so if you can’t do it he can’t do it either.

B. The Mahara”m Shick (chelek 1, Even HaEzer, teshuva 129) answers the Pri Megadim’s difficulty by saying this rule that a messenger can’t do something the sender can’t do only applies if the job and the problem is the same, (for example someone asking a messenger to marry him to a relative like his own daughter or mother.) But in this case there are two different factors, Chanukah and Shabbos. The fact that it is Shabbos for this person now is a technicality so the messenger can act on his behalf.

C. This technicality concept is exactly why a half slave half free person can fulfill the mitzvah through others according to the Mahara”m Shick, meaning the only reason why he can’t do the mitzvos himself is because he is a half slave otherwise there is nothing wrong with him doing the mitzvah therefore someone else can do it for him.

The Pri Megadim obviously does not hold of this technical logic so why could others be a messenger for the half slave half free person but it does not make sense in his eyes why a messenger can light Chanukah candles after the sender took on Shabbos?

Answer: By the Chanukah candles case, granted it is a technicality which doesn’t allow him to light but he still can’t light because it is Shabbos and a technicality is no excuse according to the Pri Megadim. But the half free person side really can fulfill any mitzvah it is just that the half slave side is stopping him so a messenger can do the mitzvah for the half free side.

Torah Riddles Test #53

  1. Questions: The Beis HaLevi on the Torah in his section on Chanukah says one has to light a menorah at each of his entrances if he has more than one, so that people won’t suspect him of not lighting. According to the opinion that one does not have to relight his menorah if it blew out within a half an hour, why wouldn’t the same concern apply that people will think he did not light Chanukah candles?

Background:

A. There is an argument between Rav Huna and Rav Chisda in the gemara whether one has to relight the candles if they blew out within the half hour required time limit or since they potentially had the ability to stay lit for that long the mitzvah is fulfilled.

B. The concern of why one has to light in two entrances is a מראית עין issue.

Answer: By the case of two entrances there is really an obligation on the home owner to light in two places from the start because of this concern. But in the case where the light blew out he technically fulfilled his mitzvah already so we won’t force him to be obligated again just because of a concern that just popped up.

Chukas – How Much Do You Believe In Hashem?

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There is a book mentioned in this week’s Torah portion of Chukas called “The Book of Wars of Hashem” (Bamidbar 21:14). What is this book? Where is it today?  Why is Hashem quoting it in His Torah? The Ibn Ezra is of the opinion that it is a separate book and written inside it are the wars of Hashem that were waged for His G-D fearing followers. It began being compiled in the days of Avraham Avinu.  This book and  many other books  have been lost to antiquity, like The Words of Nosson and Ido, or The Chronicles of Kings of Israel, as well as the Songs of Shlomo and his Parables. The Daas Zekeinim adds that “The Book of Wars of Hashem” mentions the victory of Sihon over Moav, which the Torah just alluded to in the previous pasuk; the point being that Hashem orchestrated that one nation would fall into the hands of the other.

However the Ramban has a slightly different take on this, which could be an eyeopener. It takes us to task for how much we actively relate to belief in Hashem. The Ramban says that the simple understanding of “The Book of Wars of Hashem” is that in those generations there were intellectuals who wrote about the great wars of the time, and it took place in every generation. The authors of these books were called Storytellers, for there were many parables and highfalutin phrases mentioned inside these books. They attributed the incredible victories in those wars to Hashem because it was in fact the truth. The victory of Sihon over Moav was wondrous in their eyes and therefore they wrote it in this book. (Click here for the Hebrew text.)
These intellectuals were historians who do not seem to be Jewish based on the context of the Ramban, and though they lived in a heavily polytheistic time in history they were able to attribute the incredibly wondrous battles and victories, even amongst two non-Jewish neighboring nations, to Hashem. Why? Because it was the truth!

What a curious phenomenon! Imagine a historian writing a book on the history of American wars, The Revolutionary War, The War of 1812, The Civil War, America’s involvement in the two World Wars, etc. Do you think he would call it “G-D’s Wars”?!

But in fact, if you think about it, it is the truth, as the Daas Zekeinim points out: Hashem enabled one side to fall into the hands of the other. What is incredible is that those historians back in the day were able to recognize that and acknowledge it. Granted the whole world at the time heard and felt the rumbles of the miracles at the Red Sea and at Mount Sinai, but that was almost forty years previous, and they were still very involved in their worship of idols. It took intellectuals to think logically about what the truth was; but it took a lot of courage for those intellectuals to admit and publicize it. For that matter it was worth it to Hashem to acknowledge them in His Torah.

All the more so us Jews, the personal princes and princesses of The King Of All Kings, who have an even more personal relationship with G-D, b’chasdei Hashem, should find and acknowledge the kindness of Hashem in every step of our lives.

Torah Riddles Test #52

Question: Why aren’t raisins which the owner thought were not ready by twilight of Shabbos (bein hashmashos) muktzah just like a hammer or rock which one has no use for is muktzah as soon as Shabbos comes in?

Background:

A. The Shulchan Aruch (Orach Chaim 310:4) says that if dates or grapes are being dried and the owner puts them out of his mind as Shabbos comes in but by twilight (bein hashmashos) they were already fully dried and edible, even though the owner didn’t know at the time that it dried but after Shabbos started he was informed it was ready to be eaten at twilight. The Halacha is that it is permitted to be eaten and it is not muktzah though he seemingly mistakenly put them out of his mind as Shabbos came in.

B. Why not say a mistake is a mistake and it can’t be fixed just like any other muktzah item that you thought you had no use for as Shabbos came in and you might change your mind during Shabbos?

Answer: Look at Mishna Berura (17): Really he made no mistake in his mind, rather his mindset was that if as long as they are not ready they are out of his mind and once they are ready then he has them in mind to eat, he just wasn’t informed they were ready until after shabbos started but they were ready to be eaten as Shabbos started so they were never muktzah.

Torah Riddles Test #51

  1. Question: According to the view that you are allowed to say shehecheyanu on just seeing a new fruit why won’t the blessing work on any new fruit you have in mind that you will be seeing even after a few seconds (achar kdei dibur) just like the blessing on eating a fruit works for whatever you have in mind even if it comes out much later in the same meal?

Background:

A. The Ashel Avraham (siman 225) says that if the fruit was not in the house and you cannot see it when saying shehecheyanu, even if you had both fruits in mind only the one at the table is exempted but the one not within eyesight would not be exempted even if it came a few seconds later but after kdei dibur.

B. The Shulchan Aruch (Orach Chaim 206:5 and Yoreh Deah 19:7) says that the blessing made on one food or one shechting can exempt many others that come afterwards.

C. What obligates one to say a blessing on eating the fruit is the actual eating. So to what obligates the blessing by shechita is the mitzvah of shechita.

D. What obligates the blessing of shehecheyanu upon seeing a new fruit is the joy upon seeing it.

Answer: Since the obligation of the blessing on the food or shechita is in the food or animal itself then it is already ready and in existence even if it is not here yet but the joy over the fruit which sparks an obligation of shehecheyanu only comes when the person sees the fruit so if it is not here in front of him the obligation of the blessing has not started yet for the next fruit so the blessing doesn’t extend to the next one if it isn’t toch kdei dibur.

Sefer Chofetz Chaim Chapter 2 Halacha 13

 This week we concluded the second chapter which focused on the laws of Apei tlasa, speakingbin a group of at least 3 which guarantees that word will travel.

We learned a very important Halacha which doesn’t necessarily apply to lashon hara but to the laws of apei tlasa. There are times when a person will tell something that seems to be private like about his business or personal life, for example a sin that he did. If he divulged the information to one or two people we would have to assume he did not want it repeated however if he said it in front of at least 3 people he shows he does not care that it will be repeated and it is permissible to repeat it to anyone. The Chofetz Chaim has two versions of this clause:

1. It is proper manners to not repeat anything someone tells you unless he gives explicit permission to repeat it. This is based on a Gemara in Yoma 4b which said that Hashem gave permission to Moshe to repeat what He told him from inside the Tent of Meeting which no one else was able to hear. That is what the word “leimor” teaches us. If for Torah that Hashem taught Moshe, and besides that there is no way to harm or insult Hashem in any way, but still permission has to be given to repeat it all the more so when someone tells you something it should not be repeated unless with permission, certainly if it is something personal but even if it is not personal one should still accustom himself to keep his mouth shut. An application of this halacha is that if someone tells you that someone else is very sick or in the hospital you can’t just spread it for others to daven for them. You have to first ask permission.

        2.      Really it is only inappropriate to repeat something (assuming it is not lashon hara, which is pretty much always forbidden) if it was said in private unless given permission. If it was said outside then it can be repeated if it is not something private, for example if you were talking about last night’s baseball game but if it was a private matter which he told you outside then if repeating it to someone else might cause something bad to happen to the one who first said it then it can’t just be repeated if not then it will be fine to repeat. However if it was said in front of at least three people even if it might be harmful if repeated one can still do so because the one who first divulged the information to the group indicated he didn’t care for it to be repeated since he said it in public, assuming he didn’t say to keep it hush hush. However one can only intentionally spread it if it was business that was divulged because he obviously wants it leaked and spread everywhere but if he divulged some personal information that for example he admits to a group that he ate in a non-kosher restaurant one time then though it is permissible to repeat but one shouldn’t have intention to spread the news because it is a cause of embarrassment. Even though he indicated he doesn’t care if it is repeated it is still not right to purposely publicize just like one should give a negative nickname to someone even if he seems to not care because deep down inside it is still shameful.

Korach – Formulas of Success

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Did you ever wonder why, after our shemone esray at shachris and mincha, we bend over and cover our heads with our arm when saying tachanun, beseeching Hashem to forgive our iniquities? Where did it come from, and what is its significance?

Rabbeinu Bachye
says it comes from this week’s Torah portion of Korach. While the outrageous rebellion of Korach and his followers raged and seemed to be picking up steam, “The Lord spoke to Moses and Aaron saying, “Dissociate yourselves from this congregation, and I will consume them in an instant. They fell on their faces and said, “O God, the God of the spirits of all flesh, if one man sins, shall You be angry with the whole congregation” (Bamidbar 16:20-22).

On this last pasuk Rabbeinu Bachye says that from here we know that we have to “fall on our faces” (nefilas apayim) during davening. One should understand that the concept of nefilas apayim, falling on one’s face, during davening has a threefold intention: (1) for the awe of the Shechina (Holy Presence). (2) To show pain and submission, and (3) to show subjugation of our senses and nullification of our feelings. The first one, for the awe of the Shechina, is in order to enwrap oneself with shame and modesty, for covering one’s face is the way of the humble and embarrassed. And since the intention of the one davening should be that the Shechina is in front of him or her, as it says: “I have placed the Lord before me constantly” (Tehillim 16:8), it was therefore enacted as part of the tactics of prayer to cover one’s face. All this is to instill fear of the Blessed Hashem, as it writes about Moshe: “And Moshe hid his face because he was afraid to look toward G-D” (Shemos 3:6). (Click here for Hebrew text.)
There are a few interesting observations that could be made here:
1. Why specifically 3 intentions (kavanos)?
2. Why is the first one so much different than the second two, the second two are showing something, whereas the first one as described afterwards is actually feeling emotions?
3. Why not just list in the first one the emotions that should be felt instead of calling it “awe of the Shechina”?
4. Also, how does all this add up to fear of Hashem as he says “All this is to instill fear of the Blessed Hashem?”

It would seem that Rabbeinu Bachye is giving us a formula to instill in ourselves a sense of Fear of Heaven at this point in our prayers, when we beseech Hashem to forgive us for the sins we have committed. The formula is based upon the action of covering our face with our arm, which should produce the feelings of shame and humility, while simultaneously realizing we are  sitting (or standing) before The Almighty Judge, King Of All Kings, The Holy One Blessed Be He. This action of covering our face with our arm also shows pain and submission, as well as our senses: taste, smell, sight, hearing, and even touch – being subjugated, and our feelings being nullified. All this put together is a formula to instill into ourselves fear in Hashem.

As in any formula, like the Coca Cola formula, or a beer formula, gas formula, medicine formula, cereal formula, etc., etc. they all need or needed time to be perfected, through trial and error. So too this formula, while it may not need time to become perfected, as we see by Moshe at the burning bush that it was perfected – however for each one of us it takes time to master this formula. Indeed, it might take a long while, longer for some than for others, but the Rabbeinu Bachye is teaching us that there is a formula that can be used to instill fear in Hashem and to help us repent, specifically at this point in davening.

In a similar vein the Ramban, when addressing his sons in the famous Iggeres HaRamban, writes: “Hear, my son, the instruction of your father and don’t forsake the teaching of your mother (Mishlei 1:8). Get into the habit of always speaking calmly to everyone. This will prevent you from anger, a serious character flaw which causes people to sin. As our Rabbis said (Nedarim 22a): Whoever flares up in anger is subject to the discipline of Gehinnom as it is says  (Koheles 12:10), “Cast out anger from your heart, and [by doing this] remove evil from your flesh.” “Evil” here means Gehinnom, as we read (Mishlei 16:4): “…and the wicked are destined for the day of evil.” Once you have distanced yourself from anger, the quality of humility will enter your heart. This radiant quality is the finest of all admirable traits (see Avodah Zarah 20b), because (Mishlei 22:4), “Following humility comes the fear of Hashem.”
Through humility you will also come to fear Hashem. It will cause you to always think about ( Avos 3:1) where you came from and where you are going, and that while alive you are only like a maggot and a worm, and the same after death. It will also remind you before Whom you will be judged, the King of Glory, as it is stated (I Melachim 8:27; Mishlei 15:11), “Even the heaven and the heavens of heaven can’t contain You” — “How much less the hearts of people!” It is also written (Yirmeyahu 23:24), “Do I not fill heaven and earth? says Hashem.”
When you think about all these things, you will come to fear Hashem who created you, and you will protect yourself from sinning and therefore be happy with whatever happens to you. Also, when you act humbly and modestly before everyone, and are afraid of Hashem and of sin, the radiance of His glory and the spirit of the Shechina will rest upon you, and you will live the life of the World-to-Come!” (Click here for Hebrew text.)
We find a formula in the Ramban as well. A formula to strengthen our Fear of Heaven in order to avoid sin and be happy with our lot in life, as he says: “When you think about all these things, you will come to fear Hashem who created you, and you will protect yourself from sinning and therefore be happy with whatever happens to you.” It is a very similar formula: It begins with an action of always talking softly which leads to controlling one’s anger that infuses humility in oneself and finally arouses fear of Hashem. This formula is also not easy to master in a short time and is not expected to be that way. It takes much focus and toiling.

If the perfection of product formulas take a while then all the more so the mastering of a formula which is beneficial for life can take a very long while, possibly a lifetime for many but it is all worthwhile as the Ramban says, “and you will protect yourself from sinning and therefore be happy with whatever happens to you… the radiance of His glory and the spirit of the Shechina will rest upon you, and you will live the life of the World-to-Come!”

Torah Riddles Test #50

  1. Question: Why should the sheliach tzibur not say his silent devotion when a minor holding a sefer Torah makes up the tenth man of the minyan and he only recites the repetition out loud?

Background:

A. The Mishna Berura (55:4:24) Brings a view that in emergency purposes one can use one child below bar mitzvah to make a minyan for barchu, kaddish, and kedusha. But not Mourners Kaddish for after Aleinu. He brings down that now a days they used this leniency if the child is holding a sefer Torah but he says many later poskim are stringent even for emergency purposes.

B. Rav Moshe Feinstein zt”l (Igros Moshe, Orach Chaim volume 2, chapter 18) ruled that if one does use this leniency the one leading the service should not say the Shemone esray twice, once to himself and once out loud.

Answer: In order to avoid saying brachos levatala, unneeded blessings, according to the view that this leniency does not work. So he just says the shemone esray once which counts for his personal obligation as well.

Torah Riddles Test #49

  1. Question: Why does a condition work to not accept upon yourself Shabbos if you light candles early but if you daven maariv early a condition does not work?

Background:

  1. The Mishna Berura (263:11:50) says that even if the congregation did not daven maariv yet, if an individual davened maariv for Shabbos, while still day out, he has accepted upon himself Shabbos and is forbidden to do Melacha, even if he says he did not want to accept Shabbos upon himself yet. And though by candle lighting some say a condition does work, as seen in si’if 10, but davening shemone esray is different since you mentioned the sanctity of Shabbos.
  2. The bracha you make on lighting Shabbos candles is “Blessed are you…who commanded us to light the candle for Shabbos.”
  3. The blessing during the Shemone Esray of Shabbos is “Blessed are you…for sanctifying the Shabbos.”

Answer: . In davening you are proclaiming that Shabbos should start by saying that Shabbos is holy and not mundane whereas lighting candles is just a candle which just happens to be used for Shabbos sake but that can be when Shabbos starts at sundown, the blessing doesn’t have any innuendo triggering Shabbos to start.