Author: Rabbi Milder

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Pekudei – Doing What is Right

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The conclusion of the Book of Shemos, the Torah portion of Pekudei, concludes the making of the Mishkan. The Haftorah, appropriately talks about the finishing touches in the building of the Beis Hamikdash by King Shlomo. The Haftorah begins, “And all the work that king Shlomo had wrought in the house of the Lord was finished. And Shlomo brought in the things which Dovid his father had dedicated; the silver, and the gold, and the vessels, (and) put them in the treasuries of the house of the Lord” (Melachim Aleph 7:51).

The Ralbag on this pasuk says something quite astonishing! “We learn from this juncture that Shlomo made the Great House solely from his own earnings and all the things his father Dovid sanctified [for the construction of the Beis Hamikdash] he put into the treasure houses of the House of Hashem. It would seem for this reason he did not start the building as soon as he became king, rather he started it in the fourth year of his reign, as was mentioned earlier. He did this in order to build it with his own earnings, and not use from the treasuries of his father, Dovid, which he [Dovid] sanctified to Hashem. This is as if he did exactly what Hashem had intended just as He didn’t want Dovid to build it for he spilled many people’s blood [in wartime], so too He did not agree that it should be built with all the spoils Dovid collected from the non-Jewish nations during the war. However Shlomo who was a man of peace, and all the money he collected was done peacefully, with him did Hashem choose to build it from the money of peace that he collected.” (Click here for Hebrew text.)

G-D forbid we can’t think that King Dovid did anything wrong in fighting the wars. On the contrary the gemara says in Sanhedrin 20b: It has been taught: “R. Yose said: Three commandments were given to Israel when they entered the land; [i] to appoint a king; [ii] to cut off the seed of Amalek; [iii] and to build themselves the chosen house [i.e. the Temple] and I do not know which of them has priority. But, when it is said: The hand upon the throne of the Lord, the Lord will have war with Amalek from generation to generation,  we must infer that they had first to set up a king, for ‘throne’ implies a king, as it is written, Then Shlomo sat on the throne of the Lord as king.  Yet I still do not know which [of the other two] comes first, the building of the chosen Temple or the cutting off of the seed of Amalek. Hence, when it is written, And when He give you rest from all your enemies round about etc., and then [Scripture proceeds], Then it shall come to pass that the place which the Lord your God shall choose, it is to be inferred that the extermination of Amalek is first. And so it is written of Dovid, ‘And it came to pass when the king dwelt in his house, and the Lord had given him rest from his enemies round about, and the passage continues; that the king said unto Nathan the Prophet: See now, I dwell in a house of cedars etc.’”  (Click here for Hebrew text.)

We see from here that one of the prerequisites and mitzvos in order to build the Beis Hamikdash is to fight wars in order to solidify the Jewish acquisition of the land and Kind Dovid accomplished just that!

Furthermore we find that the Beis Hamikdash was in fact attributed to Kind Dovid for all the mesiras nefesh, self-sacrifice he put into building it. The Medrish says, “The Holy One Blessed Be He does not withhold reward from any of his creatures, any time a person works hard and gives of his whole soul towards the matter, The Holy One Blessed Be He does not withhold his reward. You should know this for Shlomo built the Beis Hamikdash as it says, ‘And Shlomo built the house and finished it’ (Melachim Alef 6:14). Yet because Dovid gave his whole soul over the building of the Beis Hamikdash as it says ‘Remember, O Lord, onto Dovid all his affliction etc. That I shall not come into the tent of my house etc. I shall not give sleep to my eyes etc. Until I find a place for the Lord etc.’ (Tehillim 132:1-5). And so The Holy One Blessed Be He did not withhold his reward rather He wrote it in his name ‘A psalm; a song of dedication of the House, of Dovid’ (Tehillim 30:1). It doesn’t write ‘to Shlomo,’ rather ‘to Dovid’” (Medrish Rabba parshas Naso 12:9). 
In order to be allowed to build the Beis Hamikdash a king had to reign over Israel and the defeat of Amalek in war had to happen. King Dovid made sure that happened. Not only that but Dovid poured his whole essence into building the Beis Hamikdash. He put his blood, sweat and tears, and even his money into ensuring it will be built everything short of actually building it, (which Hashem told him he can’t,) to the extent that King Dovid got rewarded with the building being named after him. So why couldn’t his son just use the hard earned money that was sanctified and specifically set aside for the Beis Hamikdash by his father? It was King Dovid’s dream, his prayers, his hard earn spoils; at least allow something to be physically used towards The House of Dovid?

We learn from here, and this the Ralbag said Hashem acquiesced with Shlomo, that no matter how much love and devotion, well-meaning and holy, proper intent one has, if it is inappropriate to be included it is inappropriate and there are no exceptions.

King Dovid’s whole life was dedicated towards building the Beis Hamikdash but Hashem didn’t allow him because he had blood on his hands, albeit mitzvah blood, yet a resting place of Hashem’s Presence, the holiest place on Earth, would not be befitting to be built by blood stained hands so his son King Shlomo, a man of peace, even etched in his name, was given the right to build it. Not even King Dovid’s fortune that he earned from war which he made holy and donated to the building was allowed to be used, because what is right is right and no exceptions are made, no matter how dedicated and self-sacrificing one is, even if he did nothing wrong as we see he was rewarded for his efforts by the Beis Hamikdash being called in his name, Beis Dovid, yet he could not physically be involved in the actual building in any way shape or form.

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Chapter 2, Part 2 of Note 1 in Halacha 1 and Halacha 2

Today we finished the first note of the Be’er Mayim Chaim in Chapter 2 of Sefer Chofetz Chaim. The Chofetz Chaim makes it very clear that there is no reason what so ever to allow out right lashon hara to be spoken even if it is in front of three people and it will spread to the one being talked about. It actually could be worse. Only if there is some benefit like in a court case the litigant can tell the judges how he was wronged or a messenger of the court can even tell the judges he was disrespected when on the mission of the court to bring someone in. Otherwise it is absolutely forbidden!

 In Halacha 2 the Chofetz Chaim begins to explain where the concept of “apei tlasa” does apply. Which is when a pareve statement is made that can be taken one of two ways. As long as you connotation and body language does not indicate negativity then one can say this statement in front of at least 3 people because it will spread and get back to the one being talked about so obviously if he said is he is saying it in a positive light because he wouldn’t want the subject to know what he is saying if it was negative. This type of state is in the category of “avak lashon hara”. The example the Chofetz Chaim gives of such a statement is if a person asked a group of people where can I find some good around here and one of them respond there is always a fire brewing down the street at this guy’s house where they always have fish and meat. This can be taken in a positive light to mean he has a big family and is well to do so they can afford, with G-D’s help lavish food, or it can mean they are always ready to serve guests. But it can also be taken negatively that the guy is a glutton and a fresser. So as long as the one who says the statement doesn’t sound negative and sarcastic then he can say it in a group because we can assume he is just trying to be helpful and positive.

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Torah Riddles Test #18

  1. Question: Why does Rashi say that the oil is the main ingredient of anigron, a liquid type of throat lozenge, only because there is more oil than beet juice but when one eats an olive in order to subdue the harshness of a radish that is enough of a reason to say the blessing is on the radish?

Background:

 A. The Gemara in Brachos 36a says a mixture of oil and beet juice use to be taken to soothe sore throats and the blessing was on the oil (which has a special blessing).

B. Rashi says the reason the blessing is on the oil is because there is a lot more oil than beet juice. Rabbeinu Yonah says the reason why the blessing is on the oil is because that is the main ingredient and the beet juice is only mixed in because it is dangerous to drink oil by itself.

C. Rashi in Brachos 41a says if one eats an olive just to cool down his mouth after he ate a radish he does not need to say a blessing on the olive because the radish was the main food but the olive was just to cool down the sharpness of the radish.

D. Why isn’t Rashi consistent with his rule that if one eats one thing just so that he can eat another then the blessing is only needed on the main food he wants not the food that helps him eat it?

[Expand]

Answer: This rule only applies when eating two food separately one after the other but if they are mixed together like the beet juice and oil one would think that the beet juice is the main drink if there is little oil and the blessing is on the beet juice, only because there is more oil than beet juice is why we say a blessing on the oil. [/expand]

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Torah Riddles Test #17

  1. Question: Why does the judge only have to write up the claims and final decision but not the proofs and logic behind the decision if a litigant wants to take the case to an appeals court?

Background:

a. The Shulchan Aruch (Choshen Mishpat 14:4) says in the Rema: “When they have to write for him the reason why he was judged there is no set time to do it, rather whenever he has a chance he writes it and gives it to him. He does not need to write the reasons or proofs; he only has to write for them the claims and final decision.

Answer: The Sma (26) says that every good court, when they hear the claims, knows how to come out with the proper decision because all Jews have one Torah.

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Torah Riddles Test #16

  1. Question: Why do you need to check on all the mezuzahs of your house and can’t rely on a chazaka after 3 of them are still found to be kosher?


Background:

A. The Shulchan Aruch (Yoreh Deah 291:1) says an individual household should check there mezuzahs twice every 7 years and mezuzahs of the public twice every fifty years.

B. A chazaka is an assumption or pattern that is established after 3 times so if 3 mezuzahs were found to be kosher why can’t one assume that all the rest of his mezuzahs in his house are kosher?

Answer:The Birkay Yosef and Pischei Teshuva (1) both say that you have to check all the mezuzahs put up the same time as the 3 because not all the locations are the same, environment differences, colder, warmer, rain, snow, etc.

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Torah Riddles Test #15

  1. Question: Why isn’t there a difference between lefties and righties when putting up a mezuzah as there is when putting on tefillin?

Background:

A. Lefties put tefillin on their right arm and righties but tefillin on their left arm.

B. Rebbe Akiva Aiger quoting a Mordechai says that even if one’s stronger leg is his left one, that is what he normally comes in with (meaning he starts walking with his left foot, so when walking through a doorway he would assumingly step in starting with his left foot) still the mezuzah should be placed on the right side and it is not like tefillin.

C. Most people in the world are righties.

Answer: Rebbe Akiva Aiger answers in Yoreh Deah 289:2 that mezuzah is protection for everyone in the household not just for the one who puts up the mezuzah.

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Ki Sisa – How to Deal With Adolescence

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There is a negative character trait called קשי עורף, meaning literally: “stiff necked;” obstinate or stubborn. Before one says vidui [confessions of sins], he or she says: “…for we are not so brazen and obstinate as to say before you, Hashem, our G-D, and the G-D of our forefathers, that we are righteous and have not sinned – rather, we and our forefathers have sinned.” It sounds from here that it might even be delusional. This negative trait is then mentioned as one of the confessions of vidui, קשינו ערף, we have been obstinate.

In this week’s Torah portion of Ki Sisa we have the infamous episode of the Sin of the Golden Calf. When looking through the pesukim one will find that the underlying problem was this very trait, that the Jewish people were a stiff necked nation, עם קשה עורף. The Ibn Ezra defining what that means says: “That he will not listen to what was commanded of him just like a person who is walking down the street and doesn’t [even] turn his head when a person calls him.” The Sforno expounds on the extent of this stiff-necked obstinacy by saying: “Their neck is like an iron sinew and they will not turn to listen to the words of any righteous teacher in any manner; hence there is no hope that they will repent.” (Click here for Hebrew text.)

How does one deal with this kind of people, especially a father who has to deal with a son with that type of attitude? Our Father, our King knew how to deal with His children, and there is a lesson that can be learned in this circumstance, when analyzing each time Hashem mentions “a stiff necked nation” in this Torah portion.
Rav Saadia Gaon usually has a very terse commentary, more of an explanation of various words in the Torah. But in this case he had a few extra words to say, and based on his explanation of the pesukim there is a formula we can follow to deal with such a negative nature.

While Moshe Rabbeinu was still on the mountain after Hashem gave him the first tablets and while the Sin of the Golden Calf was taking place, “Hashem said to Moshe, ‘I saw this nation and behold they are a stiff necked nation. And now leave me, and I will flare up my anger at them and destroy them, and make you into a great nation’” (Shemos 32:9, 10). Rav Saadia Gaon explains that Hashem is saying “I know from before that this nation is a stiff necked nation, and now if you cease from praying on their behalf, I will get angry at them and destroy them.”

Step one of “dealing with them” was to recognize the underlying problem. The issue was not the actual Sin of the Golden Calf; the real issue was their stubbornness. Step two was to have someone pray on their behalf to make sure no drastic measures would be taken by Hashem. Prayer always helps.

After that Moshe went down the mountain and smashed the tablets, destroyed the Golden Calf, and killed everyone directly involved with it. Then Hashem decrees aboutthe Jewish people, in pasuk 35, that they shall die before their original decreed time. After that Hashem says He is willing to bring their survivors into the land of Canaan to inherit it as was promised to their forefathers, but that He will no longer lead the way. Rather, an angel was placed in charge in His stead, driving out the Canaanite nations. The pasuk says the reason for this is because “to the land flowing with milk and honey, for I will not go up amongst you since you are a stiff necked nation, lest I will destroy you on the way.” Rav Saadia Gaon contributes as well by saying that Hashem is telling them: “For I will not bring up my honor (The Holy Presence) amongst you.” At this point the nation as a whole recognized how grave of a mistake they had gotten themselves into, and they took off their jewelry as a sign of mourning that the Shechina, Hashem’s Holy Presence, refused to be amongst them, and that He instead was going to send an angel to guide them on their journey to the Holy Land, as clearly stated in pasuk 4. (Click here for Hebrew text.)

In pasuk 5, “Hashem said to Moshe, ‘Tell the Children of Israel, you are a stiff necked nation, one second I will be amongst you and I will destroy you, and now you shall take off your jewelry and I will inform you what I will do to you.” Didn’t Hashem just tell them He cannot be amongst them lest He will come to destroy them since they are obstinate? Also, they had already taken off their jewelry of their own fruition; why did Hashem tell them to take it off again?

At this point Rav Saadia Gaon elaborates a bit and says that Hashem is telling them because you are a “stiff necked nation, and if I would bring My honor to dwell amongst you I would destroy you in a second, and now leave your jewelry off indefinitely until I will inform you what I shall do with you.” Hashem is telling Moshe to inform the Jewish People that as a consequence of them still having this negative trait of being stiff necked and stubborn, even though we see that they were starting to feel remorse, as demonstrated by the fact that they took off their jewelry, but Hashem, being able to look deep into the heart of every living being, saw the negative trait still swelling up inside, not completely gone. He therefore told them that it was too dangerous to rest His Shechina amongst them because he did not want to harm them if they acted in a way that in fact deserve it. And indeed, they should continue to stay in that state of remorse, keeping their jewelry off, until otherwise informed. (Click here for Hebrew text.)

This seems to be step 3 in how to deal with someone so stubborn and obstinate. After pinpointing the underlying problem, and asking someone to pray on their behalf, you have to knock some sense into the person. Show them the consequences of their attitude; get them to start thinking about what is wrong with the way they are acting, and start feeling remorse. Then, step 4, once the individual is starting to quake in their boots, show them that you are in control and that they should continue feeling guilty for what they did until further notice.

Moshe then went back up to the top of Har Sinai to chisel out the second set of tablets and prayed to Hashem on the Jewish people’s behalf without eating or sleeping for forty more days and nights. During that time Hashem taught him His 13 attributes of Mercy. Then “Moshe rushed to prostrate himself on the ground bowing, and he said ‘If you please find charm in your eyes, Hashem, please Hashem walk amongst us, for they are a stiff necked people and you should forgive our iniquities, and our sins, and secure us as your possession” (Shemos 34:8, 9). Rav Saadia Gaon explains that Moshe was advocating to Hashem on the Jews behalf and including himself amongst them, beseeching Hashem to rest His honor amongst us and choose us. Hashem finally responds positively: “And He said: “Behold! I will form a covenant; in the presence of all your people, I will make distinctions such as have not been created upon all the earth and among all the nations, and all the people in whose midst you are shall see the work of the Lord how awe inspiring it is that which I will perform with you. Keep carefully what I am commanding you today: Lo! I will drive out from before you the Amorites and the Canaanites, the Hittites and the Perizzites, the Hivvites and the Jebusites” (Pesukim 10 and 11). (Click here and here for Hebrew text.)

The fifth step of dealing with someone who is stiff necked is to have someone else advocate for them, on their behalf, since they themselves are still too stubborn to completely repent and mend their ways. Finally, step six, is to accept who they are, and that they are still your son, as Rav Saadia Gaon points out in pasuk 10, Hashem acknowledges “there is no one created like them in the whole entire world” and though they still have this negative trait etched inside them, and it is possible it will surface again (as it did), still in all, His children are worthwhile to keep and be amongst. They are not worth trading in for anything in the world, and He invested so much in them with all the miraculous wonders, so why give up on them?

This should be a lesson for all of us if we have a child who is rebellious and refuses to listen to his or her parents. We must first acknowledge the underlying issue, start praying for the child’s welfare or have someone else pray for their welfare on your behalf. But you must then confront the child and show him or her who is boss, let them sweat and think about the consequences of their actions and viewpoints. However you must also seek a third party vantage point to advocate for the adolescent on his or her behalf in order to defend them and arouse mercy and compassion. Finally, acknowledge that they might not be perfect but they are the best children we have and should never be exchanged for anyone else.

Who knows, it might make an incredible impression on the child. Look what happened to the Children of Israel. They saw how much Hashem loved and cared about them and they reciprocated by donating their wealth for the construction of the Mishkan in order so that Hashem’s Shechina will rest amongst them and guide them. The underlying attribute might not have been completely annihilated but was severely subdued and only cracked the surface again far and between.


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Vayakhel – Seeing Hashem’s Kindness in Everything He Does

In accordance with the doctrine of free will, “R. Eleazar said: From the Torah, the Neviim (Prophets) and the Kesuvim (Writings) it may be shown that one is allowed to follow the road he wishes to pursue” (Makkos 10b). Rashi on that piece explains that ‘the way you wish to travel [Hashem will allow it whether for good or for bad].’ Rashi explains in the pesukim of the Kesuvim where the gemara quoted a pasuk in Mishlei: “If he is of the scorners, he will [be allowed to] speak scorn” (Mishlei 3:34), that if a person wants to associate with scoffers, Hashem will not stop him or her. We see from here that Hashem allows us free choice; he doesn’t actively help us, at least on the wrong path, but he passively allows us to make mistakes if we want. Hashem, though, does help us try to find the right path when we are searching for it. (Click here for Hebrew text.)
For example, there is a Ramban by the mitzvah of teshuva [repentance] that says that one who comes to purify himself, Hashem will help him (See Chidushei HaLev Devarim 30:6, page 175).

In a similar vein, the Chovos HaLevavos at the beginning of the Gate of  Trust in Hashem says: “Among its benefits to him in religious life is tranquility of soul in reliance of Hashem, may He be exalted, just as the servant is bound to rely on his master. For if a person does not put his trust in Hashem, he places his trust in what is other than Hashem; and whoever trusts in what is other than Hashem, Hashem removes His providence from him and leaves him in the hands of whatever he trusts in.” The Lev Tov adds that one who has complete trust in Hashem has no worries whatsoever, and it is impossible to be free from any worries unless one trusts in only Hashem. For if not for this trust in Hashem, he would have to trust in other people, who are finite and imperfect like him, or he would have to trust in himself, his wealth, brains, or strength, or the like, all of which have their fallacies and reasons to be worried. But with Hashem, who is all knowing, and is by definition completely good and kind, as well as omnipotent – there is absolutely nothing to worry about. Yet if the individual is not holding on a level of complete trust in Hashem, Hashem removes His focus of security on that person, and allows that person to trust in whatever he feels most comfortable with. This is because a person must always trust in something, but it is at the risk of it being in the hands of mere mortals. (Click here for Hebrew text.)

In the beginning of this week’s Torah portion of Vayakhel, the Rabbeinu Bachye observes that the first pasuk says: “These are the things that Hashem has commanded to do them” (Shemos 35:1). Then in the next pasuk Hashem says: “Six days work shall be done for you.” This is coming to teach us that the  work on the Mishkan (Tabernacle) was commanded by Hashemto be done for six days during the week but not on Shabbos, for work on the Mishkan did not push off Shabbos. The reason why the pasuk says “work shall be done for you” and not “you shall do work” is to show us the lesson that when the Jews do the will of Hashem their work will be done for them by others. And when they don’t do His will, they will do their own work, but not only that, but the work of others will be done by them as well. This is based on a Mechilta in the beginning of Ki Sisa and summarized in the Mechilta in the beginning of Vayakhel. The Rabbeinu Bachye concludes that when the Mechilta says “You will do it” it implies even [jobs of] others as well. (Click here for Hebrew text)

There seems to be a common thread going through all the above quoted Chazals, that being, that if one fully embraces Hashem with complete trust, and is completely doing Hashem’s will, then he is in Hashem’s “hands;” he has no worries; everything will get done for Him while he is doing Hashem’s will, and Hashem will help Him stay on the right path. However, consequently, if one decides to take their own path, or trusts in something or someone other than Hashem (and this implies even a slight varying from complete trust in Hashem), then he compromises this foolproof protection plan which he had with Hashem. He then has to rely upon who and what he decided to trust in, albeit this might vary in degrees depending on the correlation of trust in Hashem and others. This can also be applied to doing the will of Hashem, for if one deviates, even ever so slightly, from Hashem’s will, he then has to start fending for himself, and not only that, he might even be forced into taking on other people’s work as well, presumably all within various levels, depending on how far off or how close one stays to doing Hashem’s will. The Maharsha illustrates this concept by the Gemara in Sanhedrin 99b which says: “R. Eleazar said: Every man is born to toil, as it is written, ‘Because man is born to toil’ (Iyov 5:7). Now, I do not know whether to toil by mouth or by hand, but when it is said, for his mouth crave it of him, I may deduce that toil by mouth is meant.  Yet I still do not know whether for toil in the Torah or in [secular] conversation, but when it is said, ‘This book of the Torah shall not depart out of your mouth’ (Yehoshua 1:8),  I conclude that one was created to labor in the Torah.” The Maharsha there says that the gemara originally thought that one must work because any set time of Torah learning which isn’t accompanied by a job will in the end  fall apart. However the Maharsha explains that the gemara concludes that one does not need a job, rather as mentioned in Brachos 35a, the original righteous people had Torah learning as their job, and any work they needed would be done for them by itself (somehow or another), and this was how creation from the beginning was meant to be (there is a medrish that states that before the sin, Adam was lying on a couch basking in Hashem’s Holy Presence and angels feeding him fruit). This was until Adam sinned and was punished with “the sweat of your brow shall you eat bread.” We see clearly that in an ideal world, where everyone is doing the will of Hashem to the utmost degree, everything will get done for them.

However, the reality is that we are not perfect, yet Hashem still showers us with kindness, even when we are doing the wrong thing. For example, it use to be in the times of the Beis HaMikdash if a person did a sin by accident he was able to receive atonement by bringing a sin-offering which is an animal brought as a sacrifice instead of him. If he did it on purpose, he was still showered with kindness,  depending on the severity of the sin he might have to pay back the victim, for example if he stole, and in that case  Hashem even rewards him with a mitzvah for returning the stolen object, or he might get lashes or even the death penalty, but all these are atonements which will help cleanse his soul before getting into the World to Come where he will bask in the Presence of Hashem, farther or closer, brighter or dimmer, depending on how many mitzvos one did and the quality or effort he put into them. Even if he does not get the atonement in this world, and he must suffer punishment in the next world, G-D forbid, it is still a kindness Hashem does, because Hashem is bleaching out all the sin and filth one stained his soul with in this world in order to be ready to receive his reward in the Next World.

Even Hashem letting us lead our life according to what we choose for good or for bad is a kindness because if we are not ready to fully embrace Hashem, he doesn’t force us and he wants us to find His way on our own, when we are ready, albeit dropping us hints to return to Him all the time. So to by allowing us to be able to trust in other things if we aren’t on the level to fully trust in Him is a kindness because granted we are left in the hands of mere mortals but at least we have something to trust in. Imagine having nothing to trust in and just groping for thin air because one isn’t ready to fully trust in Hashem, it would be even more depressing then trusting in anything else other than just Hashem.

However where is the kindness in forcing us to work for ourselves and doing work for others if we don’t completely do His will?

It would seem that there must be some kind of kindness in that as well. The simple understanding of the pasuk in Iyov quoted above, “For man is born to toil,” the Metzudas Dovid says, means that a person was created to work for his food not to take from others that which he didn’t earn or toil for. This means that if a person cannot reach the heights of doing Hashem’s will as described by the Maharsha above, where toiling in Torah and doing His will earns the right for his needs to be automatically taken care of somehow or another, then he must earn his pay some other way. If Hashem would allow him to get his needs without earning it, it would naturally be a tremendous embarrassment, so out of Hashem’s kindness, Hashem made it that if we don’t always do his will then we will have to work for ourselves and others in order to earn our livelihood and not be embarrassed of accepting freebies.

Hashem created this world with pure kindness and sustains it in the same manner, everything, whether it seems good or bad to the human eye is imbued with Hashem’s stamp of kindness in one form or another.

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Chapter 2 Halacha 1 (part 1)

This chapter talks about the concept of “apei tilasa” which literally means “in front of 3” this refers to an ambiguous leniency in the laws of lashon hara. It is based on a Gemara in Bava Basra 39a, in the name of Rabba bar Rav Huna who says that anything said in front of 3 people is not considered lashon hara. The Chofetz Chaim makes it very clear that the bigger the crown the worse the lashon hara is. He proves it through logic and sources in the Sifri and other gemaras.

The Chofetz Chaim spends a lot of time elaborating on explaining what the Gemara in Bava Basra is talking about, going through all the Rishonim in order so that no one will be mistakenly think that it is straight out permissible to talk lashon hara in front of 3 people with no strings attached.

He starts with the Rashbam who says that it is certainly prohibited to say anything bad about anyone in front of 3 but once it was said any one of the 3 can repeat it to the one it was talked about because since it was said in front of 3 it is definite that it will get back to him anyway. I had a question why it would be permitted to tell the guy talked about since we learned that reinforcing what he already know is still bad like rubbing salt on an open wound?

Tosfos on 39b sounds like he is saying that even the one speaking the lashon hara is permitted in front of at least 3 because since word spreads n that dynamic it is like he said it to his face. The Chofetz Chaim had a lot of difficulty understanding what this means since you certainly can’t lie, that is motzie Shem ra, and even the truth, if said to his face is forbidden and a person who causes a public embarrassment has no share in the World to Come! Just calling him names has the same issue and even if we say if a guy is insulted he is allowed to insult back, so if he hears what the speaker said and told 3 people a response so they can now report it back to the speaker. That also doesn’t work because one can only respond to being insulted in public and to the guys face at the moment of insult and this is after the fact even if his response is considered to the insulter’s face, it is still lashon hara because the timing is off. So we are left with not understanding what Tosfos is saying and when exactly does the leniency of apei tlasa apply, to be continued…

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Torah Riddles #14

  1. Question: Why do some hold one can make a shehecheyanu on buying new sefarim but not on a new pair of tefillin?

 Background:

a. The Magen Avrohom (Shulchan Aruch Orach Chaim 223:5 brings the opinion of the Birkas Rm”m, but argues on him, who holds you do make a shehecheyanu on new sefarim but not tefillin. The Mahar”I Bei Rav brought in the Be’er Heitiv says you even make a shehecheyanu on buying a Sefer Torah.

b. The Rambam says you make a shehecheyanu on Tzitzis and tefillin just like you make a blessing on doing an mitzvah from time to time like lulav, Chanukah light, shofar etc.

c. The Tur argues and says you say a shehecheyanu on tzitzis because you bought new vessels or clothes. But not on tefillin because mitzvos are not to get personal benefit from.

Answer: The excitement of acquiring sefarim is not just in order to learn them which would fall into the category of mitzvos are not for personal benefit but there is an excitement in enlarging ones collection of sefarim and now having this specific Sefer or set, or a whole Sefer Torah added to his collection, that excitement according to these opinions would obligate a shehecheyanu but most people are only excited to get a pair of tefillin because now they can perform the mitzvah.