Author: Rabbi Milder

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Sefer Chofetz Chaim Chapter 2, Halacha 3, most of Note 4

Today we continued in the Sefer Chofetz Chaim. We discussed a very challenging problem. How does word presumed to be spread if it is forbidden to be said? The Chofetz Chaim compared it to a group of thieves that are traveling together. You wouldn’t say that the first person to steal something is innocent because the rest of the group would have stolen it any way! So to the fact that one person of a group of at least 3 happened to have leaked loshon hara amidst a conversation about something else should mean he does not get a sin, as the Rambam says, because bottom line he spoke badly about someone else who care if word spreads. And how then can word spread if no one is allowed to start spreading it?
The Chofetz Chaim explained 3 views of how to resolve this issue:

1. Rashi in Erechin who said that the case of Rabba bar Rav Huna and word spreading is where the original speaker is talking about himself so he is automatically giving permission to spread what he said about himself, good or bad, if he is willing to say it in a group of at least 3 people.

2. The Rashbam in Bava Basra only permits those in the group to go back to the one who was talked about but not say it to any one else. If the speaker was willing to say what he said in a group of at least 3 he must not care if word gets back to the one being talked about. Granted it might start quarrels, but the Chofetz Chaim seems to be saying that is not the repeater’s responsibility, the original speaker is instigating.

3. The Rambam in halacha 5 of Hilchos Deos, chapter 7 says one does not get a sin if he happened to slip into a conversation this pice of lashon hara that he heard in a group of 3, without intent of spreading the news because he is not acting as a peddler, which is what the Torah describes one who speaks lashon hara as. A peddler is one who takes his goods from one place to another sharing or selling them to others but in this case since word will spread or already has spread in an illegal or legal manner, then the person who slips it into his conversation is not acting as a peddler since he is not giving out information which people don’t already have or won’t have easy access to and there is no intent to act as a peddler in this case of spreading the news, therefore he does not get a sin.

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Torah Riddles Test #32

Question: Why does the concept of “toch kidei dibur” work to correct oneself if he says the wrong day of the Omer but not if he mentions Shabbos instead of Yom Tov in his shemone esray?

Background:

 A. “Toch kidei dibur” is the concept of realizing one made a mistake and immediately correcting himself within a certain short amount of time which is the amount of time it takes for a student to greet his rebbe saying, “Shalom aleichem rebbe umoreh.”

B. The Mishna Berura (Orach Chaim 488:6:32) says “they further write that if one makes a mistake and says ‘today is the fourth day of the omer’ and toch kidei dibur remembers it is the fifth day, it is enough to just finish ‘fifth of the Omer’ and he fulfills the mitzvah even if he didn’t say ‘today is the fifth day’ since it was still within the allotted time of correction.

C. If one on Yom Tov says “mikadesh hashabbos” instead of “mikadesh Yisrael vihazmanim,” the Mishna Berura (487:3) says one must go back and say “mikadesh Yisrael vihazmanim” and it’s not enough just to correct oneself toch kidei dibur and say “Yisrael vihazmanim” after concluding “mikadesh hashabbos.”

D. When Yom Tov falls out on Shabbos we say in our shemone esray “mikadesh hashabbos Yisrael vihazmanim.”

Answer: Rav Shlomo Zalman Auerbach explains that it is not recognizable that you are correcting the mistake you made since that is just what you say on Shabbos Yom Tov but by the Omer it does look like he is correcting himself since one does not count twice in one day. (See Dirshu Mishna Berura there note 68.) [/exapnd]

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Torah Riddles Test #31

  1. Question: Why in England and places similar to it can they rely on the leniency that in 3 days wheat seeds will take root before the counting of the Omer in regards to yoshon?

 Background:

 A. The Shulchan Aruch (Orach Chaim 489:10) says it is forbidden to eat from the new grain even nowadays…until the beginning of the night of the 18th of Nissan, and in Israel until the beginning of the night of the 17th of Nissan. (The Mishna Berura and Beur Halacha there explain at length how people nowadays are lenient in this halacha.)

 B. The Mishna Berura in note 44 says that which is forbidden from the new grain to eat is grain that took root after the 16th of Nissan which is when they used to bring the Omer offering. If the grains took root before the Omer, the Omer made them permissible to eat. This mitzvah only applies to the five types of grain, wheat, barley, spelt, rye, and oats.

C. There is an argument between the Sha”ch and Terumas Hadeshen whether it takes two weeks for these grains to take root or 3 days. (See Shach in Yoreh Deah 293:2 and Nekudas HaKesef there.)

D. The Responsa of the Minchas Yitzchok (Volume 6, chapter 43) says places like England can rely on the Terumas Hadeshen that it takes 3 days for the grain to take root, why?

Answer: It rains a lot in England so roots take root quicker.

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Passover

In the Pesach Haggadah it writes:
 “In Every generation each person must view himself as if he was redeemed from Egypt.”
The message being we must live in the moment the message of yesteryear in order to impact our future!

Pesach is a time for asking questions and giving answers. Please share this Torah Riddle at your Yom Tov table and see if your family and guests can figure out the answer. Flex those brain muscles!

Question: Why do some women have a custom to say shehecheyanu twice on the Seder night, once by candle lighting and once while kiddush is made?

Background:  There is an obligation to say shehecheyanu for the Yom Tov upon lighting candles or saying kiddush, as well as for the mitzvos of eating matzah, and marror.

Answer: Rav Shlomo Zalman Auerbach says that a woman who has the custom not to say amen after kiddush by other Yom Tovim nevertheless on the night of the Seder needs to answer amen for she said shehecheyanu on candle lighting while it was still day but the shehecheyanu you say at kiddush also counts for the other mitzvos of matzo and maror done at night. Rav Shmuel Wasner zt”l adds that this also answers why the women who have a custom to say shehecheyanu a second time by kiddush for when they lit they didn’t have in mind at all to fulfill the mitzvos of the night. (See Dirshu Mishna Berura 473:1:1, footnote 4)

If you enjoyed this Torah Riddle please join us every week on Tuesdays at 9:45 AM EST or 3:00 PM EST at our Torah Riddles class via WebEx. You may participate via webcam or telephone, just email me your interest and I will send a WebEx invitation. We do two questions a week. If you just want the questions and can’t participate I can add you to the email list as well. Please email torahinteractive@gmail.com if you are interested please. Or visit torahinteractive.org‘s Torah Riddle page.

Chag kasher visameach,
Rabbi Dovid Shmuel Milder

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Sefer Chofetz Chaim Chapter 2, halacha 2, rest of note 3

This week we wrapped up foot note 3 about the Gemaras in Bava Basra and Erechin which deals with the laws of apei tlasa. In the end we saw 5 views: 
1: Rashbam who says the speaker gets a sin for speaking lashon hara but those that heard amongst at least 3 people could repeat it since word spreads anyways.

 2: Tosfos says neither the speaker or listeners can speak out right lashon hara even in front of at least 3 people but avak lashon hara, which can be taken in two ways, as long as it has a positive slant is permissible to be said and repeated. 

3. The Rambam says that though lashon hara can’t be spoken but if heard in a crowd of at least 3 If it is repeated as long as one does not have the intent to spread it, he does not get a sin. 

4. Rabbeinu Yona says that one can spread the news to at least 3 at a time of a person who harmed another person, as long as all the rules of permissibility are met, which are discussed later on in Sefer Chofetz Chaim. Then others can spread the news to protect others from harm.

5. Rashi in Erechin seems to be saying that the case is when someone talks about his own business, good or bad or his own wrongdoings which normally should be kept a secret if divulged in front of one or two people but if said in a group of at least 3 he indicates that he does not care for the word to spread so other people can then go and spread the news. 
The Chofetz Chaim clearly indicates that none of this negative talk is allowed to be accepted, one can only take proper precautions when necessary, even if it is permissible to spread. He concludes that it would seem that this flexibility is very complex and practically uncommon so one should be very cautious to rely on it as will be enumerated further in the rest of the chapter. 

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Torah Riddles Test #30

Question: Why can’t you say the blessing over challah for others at any Shabbos meal if you aren’t eating challah yourself but you could say the blessing for vegetables at the Seder on Pesach for karpas even if you aren’t participating in it, for others?

    Background:

A. The Mishna Berura says in (167:92) that the reason why one can say a blessing for someone else even to do a mitzva even if he himself already fulfilled the mitzvah is because “kol Yisrael areivim ze la’ze” we are all responsible for each other to do mitzvos so if one didn’t do a mitzva it is as if you yourself didn’t do the mitzva yet. However when just eating to eat, though one is obligated to say a blessing in order to eat and one cannot get pleasure from the world without a blessing but one can always choose to not eat and not need a blessing so the one who is not eating but would say a blessing for you is not considered obligated to say the blessing.

 B. The Mishna Berura (273:19) says it’s not an obligation as a mitzva to eat challah at the 3 meals of Shabbos, rather if one wants to enjoy food on Shabbos he has an obligation to say a blessing on lechem mishna, two loaves of challah, but technically if he enjoys fasting he does not have to eat.

C. Karpas is only eaten to make the children ask questions and is not an obligation to be eaten.

Answer: The Dirshu Mishna Berura (484:1:4:4) quoting Rav Shlomo Zalman Auerbach says karpas is different because its main purpose is for a mitzva, of telling over the story of the Exodus and not for any enjoyment but lechem Mishna which is mainly for one to eat on Shabbos is considered for the sake of enjoying one’s food.

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Torah Riddles Test #29

  1. Question: What is the Chazon Ish’s psak about one who swears: “I will not eat matzo on the night of Pesach and the seven days of the holiday “?

Background:

A. The Shulchan Aruch (Orach Chaim siman 485) says that if one in general swears “I will not eat matzo” he is forbidden to eat matzo on the night of Pesach. If he swears “I will not eat matzo on the first night of Pesach” he gets lashes and must eat matzo on the night of Pesach.

B. The Mishna Berura there says that as a rule if one includes in his oath something that applies to a mitzva and also does not apply to a mitzva, the oath works and he can’t even do the mitzva like in this case if he swears in general to not eat matzo even if he says this on the night of Pesach, since it includes eating matzo in general which is not a mitzva and the night of Pesach which is a mitzva, he still cannot eat matzo even for the mitzva. But in the other case since he specified not eating on the night of Pesach then we can assume he was referring specifically to not wanting to fulfill the mitzva and an oath to not fulfill a mitzva or to transgress a mitzva does not work.

 C. The Be’ur Halacha says that if one swears “I will not eat matzo the whole week of Pesach” the oath works according to most poskim, even though Pesach is mentioned explicitly because the oath is inclusive of both matzo to be eaten for non-mitzva and mitzva purposes.

Answer: The Chazon Ish (Orach Chaim 123:2) says that since he separately mentioned the night of Pesach, it is not considered an oath inclusive of permissible (non-mitzva) things, rather it is two separate oaths, one for the night of Pesach and the other for the rest of the holiday and therefore the oath does not work for the night of Pesach and he must eat matzo then for the mitzvah.

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Sefer Chofetz Chaim chapter 2, halacha 2, end of note 2 and beginning of note 3

This week we wrapped up Tosfos’ view of Apei Tlasa. Outright slander is forbidden to be said or accepted by the listeners even in front of 3 people. Only a statement that could be taken in two ways, as long as one would not be embarrassed to say it in the face of the one he is talking about, assuming he does not show any negative connotations, is permissible to be said in front of the person he is talking about and even in front of three people since word will get back to whom he was talking about and he has no shame saying it since there is nothing wrong with what he is intending to say. The people who heard this statement which could be taken in two ways but was said positively can now spread it to others.
 

What comes out from the ramifications of this Halacha is that this statement that can be taken for good or for bad cannot be said in front of one or two people even though your intent is positive. To get around that problem one should just say a statement that can’t be taken two ways. For example, if someone asks you where he can get some food don’t tell him so and so always has a pot on the stove which can mean either he’s a glutton or he always have guests, rather say so and so always has guests over. That you can say even in front of one or two people assuming you know the person asking won’t take advantage of his host and the host really doesn’t mind having guests all the time.

We then started discussing the Rambam’s view on apei tlasa in note 3. He understood the Gemara in Bava Basra who permits speaking in front of three because word spreads as follows: the initial person who speaks slander is in fact committing a sin but since it was said in front of three people and word spreads on that fashion then if one of the three repeated what he said as long as he didn’t repeat with the intentions to spread it further he does not get a sin since the damage has already been caused. If he does say it with intent to spread the slander then he is also sinning since he is trying to further the damage to the one spoken about.  

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Torah Riddles Test #28

  1. Question: Rabbi Akiva Aiger asks and answers in his Responsa, first version, siman 30: Why do you make a blessing on separating Terumah even if done in one’s mind but a blessing is not said over bitul chometz, which can also be done in one’s mind?

Background:

A. The Mishna Berura 432:1:3 says that you don’t say the blessing of “al bitul chometz “ upon nullifying the chometz since the main part of the bitul is dependent on the heart and we don’t say blessings on matters that pertain to one’s heart or thoughts.

 B. After teruma is separated from fruit it is given to the kohen but in this case the teruma is separated in one’s mind and the blessing is goes on separating teruma, not the giving.

C. What is Rebbe Akiva Aiger’s answer?

Answer: The purpose of separating teruma is to give it to the kohen so even if it was separated in one’s thoughts it is as if he did something which has an action since in the end it will lead to an action, i.e. giving it to the kohen. But nullifying the chometz is completely done in one’s heart even if he verbally announces it to the world.

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Torah Riddles Test #27

  1. Question: Why does one make a blessing of “al biur chometz” at the time of burning when he found chometz on Yom Tov but before Pesach we say the blessing by the checking, bedikas chometz?

Background:

 A. The Magen HaAlef (2) poskins that if one realizes on Yom Tov that he did not check for chometz before Pesach then he should check for chometz and cover it if he finds any because it is muktzah on Yom Tov and then on chol hamoed he should burn it with a blessing.

B.Normally we say the blessing and check for chometz the night before the eve of Pesach, then burn it in the morning, which is the proper time to burn the chometz, before chatzos, noonish. By chatzos all chometz is forbidden and automatically made ownerless by the Torah if you have not done it yourself by then.

 C. In normal circumstances the checking at night is considered the beginning of the mitzvah of burning and that is why the blessing is said then.

D. In both cases the checking and burning are on different days so why is the blessing said at different times?

Answer: As long as the time for burning hadn’t come yet then the checking is considered the beginning of the process of burning but once the time of burning already past and you found chometz on Yom Tov but you can’t just burn it until chol hamoed then the checking isn’t considered the beginning of the mitzvah since the time you burn has already past, so finding it is just one action and burning it is another action which just couldn’t be done earlier since it was muktzah. (See footnote 4 in Dirshu Mishna Berura 435:1:3)