Author: Rabbi Milder

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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.

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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.

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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.

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Korach – Formulas of Success

For Food for Thought in Spanish: Haga clic aquí para leer en español. Please share this with your Jewish Spanish speaking family, friends, and associates.

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!”

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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.

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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.

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CITE Sefer Chofetz Chaim Chapter 2 Halacha 12

It is out right lashon hara to criticize and make fun of a drasha/lecture or sermon said by anyone especially a rabbi. Assuming what was said was not anti-Torah even if it is true that he might have made some mistakes it is still lashon hara even if it is true. Everyone likes different styles, some people like hearing stories, others like hearing new insights into the verses of Tanach, and even others might enjoy a deep lumdishe shiur in halacha therefore no one can complain to others that the sermon was boring or irrelevant because one person might have interests in something said whereas the other didn’t. Lessons hit home with different people in different ways therefore even if the complaint was b’apei tlasa, in-front of at least 3 people so word spreads it is still not permissible since everyone has their own opinion about these types of matters. Especially since many times it is guaranteed that things will be exaggerated and misquoted or half quoted so there is definitely no room to even think that the leniency of apei tlasa can be applied here.

What is worse is that these type of people who are scoffers and ba’alei lashon hara purposefully run to these sermons just to make fun of them afterwards with their group of friends. Not only do they get a sin for speaking lashon hara, scoffing at sages and words of Torah and lying, but the very steps they take to come to shul to hear the sermon are each a sin since they are running to do a sin. Not only that but often when the sermon is done there is a Kaddish and they are already gossiping with their friends so they miss out and cause others to miss out on amens and yehei shmei rabba which is worth keeping the whole world in existence. These scoffers make fun of the rabbi that he imperfect or he is just doing it for the money so why should we listen to his rebuke and mussar.

It takes one to know one, the real issue is that because they know they have faults which should be corrected, the natural tendency of a human being is to be on the defensive. Even if it is true that the rabbi goes around saying lectures to support his family, he still most likely chose this profession because of his love of Hashem and his brethren who he wants to see doing the right thing, therefore there is no room what so ever for any joking around and belittling of Torah lectures and sermons, especially the Rav of a shul who people constantly look up to for guidance in Jewish law and general advice. It is a tremendous chillul Hashem that could cause a lot of monetary damage and embarrassment.

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Shelach – Don’t Ask For More Than You Can Handle

 
This week’s Torah portion of Shelach begins with the episode of the spies. The Jewish people didn’t feel ready to just walk into the land and conquer it, and decided they had to first send spies to scope out the land, which proved to be their doom. Hashem had a specific issue against His people: “The Lord said to Moses, ‘How long will this people provoke Me? How much longer will they not believe in Me after all the signs I have performed in their midst’” (Bamidbar 14:11). For that reason Hashem decreed, “According to the number of days which you toured the Land, forty days, a day for each year, you will [thus] bear your iniquities for forty years; thus you will come to know My alienation” (Bamidbar 14:34).

The Ralbag learns a lesson from here that it  befits a person to place his trust in Hashem, and all the more so if Hashem clearly showed him that He is with him in what he wants to do. See what happened to the Jewish people and all the bad that ensued because they did not want to rely on the destiny that Hashem The Almighty had in store for them in inheriting the land. They instead chose to send spies, even after witnessing the awesome wonders that Hashem The Almighty did for them. They should have realized from these miraculous wonders that Hashem The Almighty is never handicapped from doing what He desires. (Click here for Hebrew text.)

This lesson seems obvious! Of course one should trust in Hashem, the perfect, Almighty, All Knowing, and All Gracious; especially if He clearly proves He can be trusted. So what is the lesson and why didn’t the Jews get it right the first time in the desert? The Jewish people personally live through what was without a doubt the most blatant and open show of Hashem’s power and control over the world with all the plagues in Egypt, miracles at the splitting of the sea, wonders of receiving the Torah at Har Sinai,  the everyday miracles of the manna falling from heaven, water coming out of a rock, and the Clouds of Glory. Indeed, they had proven their trust in Hashem by uniting as one to receive the Torah and with virtually blind faith in following Hashem out of Egypt to a desert of desolation, as the pasuk describes: “ So said the Lord: I remember to you the lovingkindness of your youth, the love of your nuptials, your following Me in the desert, in a land not sown” (Yirmiyahu 2:2). We definitely see from here how powerful our free will is, and even more so the power of the Evil Inclination, in stopping us from choosing what is obviously the right path to take at all times.

Many people have asked me in the past why Hashem no longer performs open miracles. They say: “Why can’t He just show me one sign that he is listening to my prayers, answer me clearly, just once…?”

In truth, Hashem is constantly showering us with miracles, at every moment of our lives, and is giving us direction on how to lead our lives. But Hashem, out of His love and mercy for us, does not hand things to us on a silver platter, because he wants us to earn the right to see His everlasting goodness. He purposely created us with free choice and not a serene existence, so that we can justly earn our share in the World to Come, which is the true place of perfection. And out of Hashem’s kindness and mercy he does not provide open miracles because as we see from the Jewish people in the desert that we still have a choice to follow the miracles and continue on the right path, but it is not guaranteed that it will happen. However, if we are unsuccessful in choosing to stay on that right path, we are held to a higher accountability for our folly: “it is befitting for a person to place his trust in Hashem, all the more so if Hashem clearly showed him that He is with him in what he wants to do. For we see what happened to the Jewish people and all the bad that ensued,” as the Ralbag points out.

Hashem out of his mercy and perfect precision is more open in His Divine intervention  at certain times than at other times, knowing who and when one has the ability to potentially use it appropriately.


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Torah Riddles Test #48

  1. Question: Why is there a difference between the prohibitions of don’t steal and don’t covet in terms of land?

Background:

 A. Tosfos holds one cannot transgress the prohibition of don’t steal if he steals land (See Minchas Chinuch, mitzva 38).

 B. Everyone agrees one can transgress the prohibition of don’t covet by land as it says “Don’t covet the house of your friend.”

C. Haghos HaMaimoni (Rambam chapter 1, hilchos Gezel viAveida, halacha 11) says that the problem with the prohibition of don’t covet is not the action of taking from your friend but rather the exceeding effort of urging your friend until he gives it to you.

Answer: Since the prohibition of stealing is taking it, the Torah only limited the prohibition to movable objects. Whereas by “don’t covet” where the actual sin is the coveting, meaning the concerted effort put in is the real problem and taking what you want is only a condition or just revealing to what extent one desires it, then there is no difference between land or movable objects.

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Torah Riddles Test #47

  1. Question:  Why does the litigant (lender) have to be in court in order to accept witnesses that a debt was paid in a case where the defender (borrower) says he paid a debt of his deceased father’s and there is a receipt that it was already paid?

Background:

  1. The Shulchan Aruch (Choshen Mishpat 28:18) says that the only time the rule that a litigant must be present when accepting witnesses in court applies is when he is the one claiming money, (meaning he is trying to extract money from the other party) but one can bring witnesses to court even if he isn’t there in order to exempt himself from needing to pay anything.
  2. The Shulchan Aruch (Choshen Mishpat 108:16) says that children who inherited a document of debt for a loan from their father and then a receipt was found after the father’s death that the borrower had paid the debt, one shouldn’t rip up the document of loan or try to collect the debt until the orphans grow up since this receipt might have been forged which is why the borrower did not reveal it until after the father died. Even if there are witnesses who can testify that they remember the payment, there testimony is not valid testimony because we don’t accept testimony if the litigants aren’t present (and as children they are not considered present even if they show up to court.)
  3. Aren’t the witnesses used to exempt the borrower from making the payment so the litigant does not have to be there?
  4. Once a debt is paid the loan document is usually ripped up.

Answer: Ripping up the loan document is considered taking away from the litigant so the children must be adults and present in court in order to do that.