Torah Riddles Test #10

  1. Question: If a person threw a glass vase off a roof and it was heading straight for a cushion which would save it from breaking but someone removed the cushion before it landed causing the vase break, why isn’t the guy who removed the cushion liable for opening a pit to break the vase?

Background:

  • The Steipler zt”l asked this question on the gemara in Bava Kama 26b in his Kehilos Yaakov 2:2 and brings the answer of Rav Avrohom Yaffin that he did create a pit but the Torah says one who creates a pit is not liable for damaged vessels.
  • Rashi on the gemara there says no one is liable because it was an indirect damage.
  • Creating or opening a pit doesn’t only apply to making a hole in the ground but creating or uncovering any stumbling block where someone or something like an animal can get hurt.
  • Rav Shainberg zt”l answers that this is not even considered opening a pit, why not?

Answer: One did not create or uncover a newly established stumbling block by removing the cushion, the ground is ground which G-D himself created, it is just that the force of gravity can cause the vase to break if it hits the ground, that is considered an indirect damage.

Torah Riddles Test #9

  1. Question: Why does the Shulchan Aruch (Yoreh Deah 285:1) say if you only have enough money to buy only one item one should by tefillin and not a mezuzah?

Background:

  • The Shulchan Aruch says that one who is careful with fulfilling the mitzvah of mezuzah will merit long life for himself and his family.
  •  Mezuzah is a mitzvah that can be fulfilled every day of the year whereas tefillin are not adorned on Shabbos or Yom Tov.
  • If a person is a nomad living in tents in the desert or a sailor at sea, the mitzvah of mezuzah might never pertain to him just as a person who does not own a four cornered garment will never be required to don tzitzis.
  • As soon as a boy turns 13 he has an obligation to put on tefillin everyday besides Shabbos and Yom Tov.

Answer: Rebbe Akiva Aiger on the Shulchan Aruch says tefillin is an obligatory mitzvah in all circumstances except for its few exemptions on different parts of the year but mezuzah is only obligatory if you have a house with doorposts so it is possible a person might never need to fulfill that mitzvah just like tzitzis, therefore it is more important to buy tefillin then mezuzah even if currently you do have a house which is obligated in mezuzah.

Chapter 1 Halacha 9

The last Halacha in this chapter talks about not saying lashon hara about others even if you include yourself in what negative thing happened, and even if you were really talking negatively about yourself but you compare yourself to others either saying you are like them or even saying you are worse but they still are bad, that is still lashon hara about them and forbidden to say. Hashem was able to forgive what the prophet Yeshaya said about himself but not the fact that he demeaned the rest of the nation in the process, even though he had no intent of demeaning them. (See Yeshayahu 6:5, 6 with Rashi there.) For example one shouldn’t tell his friends or parents I failed my test but others did too and others got Ds while the smartest ones aced it. You can say I failed and I don’t know how the others did or just stay quiet about the others if anyone asks how the test went. 

Torah Riddles Test #8

  1. Question: Why can a judge help a litigant who is trying to say something but is having problems articulating but if he says he is owed a lesser amount then what he really is the judge cannot correct that?

Background:

 (A) The Shulchan Aruch (Choshen Mishpat siman 17) says in si’if 9: “If a judge sees a winning argument for one of the litigants and the litigant is trying to say it but does not know how to properly put his words together or they see he is having a hard time trying to save himself with truthful claims and because of anger and frustration he is forgetting things or mixing things up out of foolishness, then a judge can help him and prepare the beginning of his statements because of the concept of ‘opening the mouth for the mute’. But he has to be very careful not to act like a lawyer.

(B) In si’if 12 The Rema says that if a claimant has a claim on his friend over a smaller amount of money and the judge sees that he is actually owed more money technically than what he is asking for, the judge can’t poskin that he should get more than what he is asking for and if he does it is a mistake in judgment and the extra money must be given back.

(C) The Shach (15) says we are not dealing with a case where he explicitly forgoes part of what he is owed, neither does it make sense that we know for sure that he is unaware of his mistaken claim.

Answer: In the latter case we don’t know whether he purposely is asking for less or not so the judge can’t say anything. But in the first case it is obvious that he was trying to say something it was just not coming out correctly so the judge is allowed to help him.

Torah Riddles Test #7

  1. Question: Why is it forbidden to take a sefer and put it underneath the Sefer you are learning from to prop it up in order to learn better but if the Sefer is already on the table you can put your Sefer on it so you can see better?

Background:

(A) The Taz (Yoreh Deah 243:19:13) says it is a greater disgrace of a Sefer to take it and use it as a shtender to prop up the Sefer you are learning from then to hold it on your lap even while learning, as it says in the Rema si’if 7, but if the bottom Sefer was already on the table it is definitely permissible to place the second Sefer on top of it.

Answer: By actively taking the Sefer to use it as a shtender that is blatantly showing disrespect whereas just putting the Sefer down on one that is already on the table isn’t a show of disrespect and therefore is definitely permitted.

Torah Riddles Test #6

2. Question: What is the difference between nullifying chometz on the eve of Pesach and resting your animal on Shabbos in terms of being in different time zones of your property? By chometz the Oneg Yom Tov says it goes by which ever time zone it is in and by Shabbos there seems to be an argument whether it goes by the animal’s time zone or the owner’s time zone, so what would be the reason why they are different if we go by the owner’s time zone on Shabbos?

Background:

(A) The Oneg Yom Tov said that if you are in one time zone and your chometz is in a different time zone, for example 3 hours ahead then the chometz is automatically forbidden once the time where the chometz is, comes because since the chometz is in its place after the time of being forbidden it is forbidden to get any benefit from it and we don’t care about the time zone it’s owners are in. (B) On Shabbos a person has to rest including his animals as it says in the Ten Commandments of Va’eschanan: “you shall not do any work- you, your son, your daughter, your slave, your maid servant, your ox, your donkey, and your every animal, and your convert within your gates in order that…may rest like you.”

Answer: . The mitzva of resting on Shabbos is on the person or owner of the animal so wherever he is when his animal will have to start to rest. Whereas the ownerless state of chometz comes into play by the Torah wherever it is at the time the forbidden hour starts so if it is in a different time zone than where its owner is, it still loses its ownership.

Torah Riddles Test #5

  1. Question: If a pile of sefarim fall on the floor why should you first pick all of them up and then kiss all of them instead of kissing each one as you pick each one up?

 Background:

(A) The Shulchan Aruch (Yoreh Deah 282:1) says that a person has to treat a Sefer Torah with the utmost respect.

(B) In si’if 5 he says one should not throw holy writings even Halacha and agadita sefarim.

(C) The Rema adds that it is forbidden for a Sefer to be upside down and if found upside down it should be turned over. The Beis Lechem Yehuda adds that the Mahari”l would kiss the Sefer when he turn it right side up.

Answer: The other sefarim left on the floor is left in a state of disgrace while you kiss the one you picked up.

Torah Riddles Test #4

Question: Why isn’t it a problem to put tzitzis onto a garment which has shaatnez and then take out the shaatnez?

Background:

A. The problem is that there is a rule that one can only put tzitzis on a garment which already requires tzitzis. For example if a garment has rounded corners which are not obligated in tzitzis and he tied tzitzis on each round corner and then cut the corner so it would be square which now makes the garment obligated in tzitzis, he must now untie the tzitzis and retie them to be allowed to wear the garment.

B. The main problem is that you can’t perform a mitzvah through doing a sin.

C. The prohibition of meat and milk has to do with a mixture this is the same prohibition of shaatnez, a mixture of wool and linen.

Answer: The issue of shaatnez and tzitzis do not cross paths for the prohibition of shaatnez is in the mixture whereas the mitzvah of tzitzis could be performed within the measurement of wool by itself, assuming most of the garment is wool and there are just a few strands of linen mixed in.

Torah Riddles Test #3

  1. Question: How would a rabbi teach a litigant to lie if before the court case he heard his side and not the other side and then wrote down his thoughts on the case although not writing a final decision (see Shulchan Aruch Choshen Mishpat 17:5 in the Rema)?

Background:

A. The Vilna Gaon (note 11) says this ruling is based on a Mishna in Pirkay Avos (1:9) “Shimon ben Shetach says: Interrogate the witnesses extensively; and be cautious with your words, lest they learn to lie.

 B. The Artscroll footnote in the siddur on this Mishna says: “Speak carefully to witnesses and litigants, lest the direction of your interrogation gives them a hint on how to fabricate their testimony to tell you what they think you are looking for.

C. The Rema say the same issue would be if the sage would tell the litigant after he explains his side of the case, “if so then this is how it should turn out…”

Answer: Because now this litigant can use what he heard from the rabbi or what the sage wrote up to strengthen his defense whether it is right or wrong since the rabbi only heard one side of the argument.

Tetzave – Levels of Peace in the World

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“Shalom, peace, is one of the most exalted character traits in existence, for it is one of Hashem’s names, as it says: ‘And he called to Him Hashem, Shalom’(Shoftim6:24).” The Maalos Hamiddos also says: “Any place peace is found, fear of Heaven can be found, and any place peace cannot be found, fear of Heaven cannot be found” (Maalos Hamiddos, chapter 24, ma’alas HaShalom).

If one Googles the definition of the word peace he will find: peace [pees] NOUN
1. The normal, nonwarring condition of a nation, group of nations, or the world.
2. (Often initial capital letter) an agreement or treaty between warring or antagonistic nations, groups, etc., to end hostilities and abstain from further fighting or antagonism: the Peace of Ryswick.
3. A state of mutual harmony between people or groups, especially in personal relations: Try to live in peace with your neighbors.
4. The normal freedom from civil commotion and violence of a community; public order and security: He was arrested for being drunk and disturbing the peace.
5. Cessation of or freedom from any strife or dissension.

Yet Rashi says in this week’s haftorah for the Torah portion of Tetzaveh: “I found the following: The second Aliyah to the Holy Land through Ezra was merited to be like the first entry through Yehoshua, to come about by force and through a miracle, as expounded (Berachos 4a, Shemos 15:16); ‘until…pass.’ This building [of the beis hamikdash] would then have been fit for them as of then, when they emerged from exile, to an everlasting redemption. But their sin caused this not to happen for their repentance was not suitable, i.e. they did not resolve to stop sinning. Therefore, they emerged to freedom only through the sanction of Cyrus and his son.” (Rashi on Yechezkel 43:11) (Click here and here for Hebrew text.)

According to Rashi, the world could have been a totally different place if the Jewish people would have repented 100% and would have decided with complete resolve to not sin ever again; Moshiach would have come. It would seem that the dimensions of the beis hamikdash would have been different than the way in which the second beis hamikdash was actually built. The dimensions described in Yechezkel, the Radak and others say, were that of the third beis hamikdash, may it come speedily in our days. But, in fact, if Moshiach would have come and this would have been the final, perfected version of mankind, then the architecture of the second beis hamikdash would have been, as Yechezkel describes, the third. The process of returning the Land of Israel would have been different as well; instead of Cyrus and his son peacefully allowing the Jewish people to return to their homeland after 70 years of exile and rebuilding the beis hamikdash, Ezra and the rest of the Jewish people would have conquered the land by force, presumably from the Persians, with open miracles, just as Yehoshua and the Jewish people did when conquering the land back in their day.

If peace is so important that the Mishna in Pirkei Avos says: “On three things the world exists, on judgement, on truth, and on peace” (Avos 1:18), and the Maalos Hamiddos further says: “My son, come and see how great the power of peace is, that even the enemy, Hashem says, one should offer them peace, as it says, ‘When you come close to a city to wage war upon it, and you shall first offer it peace’ (Devarim 20:10),” then why was Hashem ready to take back the Land of Israel by force with miracles in order to set the stage for the final redemption and the coming of Moshiach, if Cyrus and his son were willing to peacefully hand it over to them, as they in fact did?

It would seem that there are two states of peace, which by definition means there are two definitions, or levels of peace. One is a compromise, a state of being where there is officially no fighting, no violence, all is serene and peaceful; but it is not necessarily permanent or guaranteed.

However, Hashem in His Divine understanding and with ultimate goals, has another peace in mind, one which we in fact pray for at the end of our Shemone Esrei in Sim Shalom and conclude as we take 3 steps back: “He who makes peace in His heights, may He make peace upon us,and upon all of Israel.” Peace in Hebrew, Shalom, comes from the root ש.ל.מ., complete or full, i.e. perfection. Hashem’s ultimate state of peace is perfection, a time when the entire world will be ready to embrace Him as The Creator of the Universe, King of all Kings, The Holy One Blessed Be He.

It would seem that there are certain times in history when it is more opportune for this state to come about, though it is possible at any moment. One of these times could have been the rebuilding of the second beis hamikdash, but in order for this perfect state to exist, (A) the Jewish People had to have fully committed themselves to a state of perfection, not to sin ever again. (It would seem that at the time they reached a level possibly higher than what was reached at Mount Sinai when they reaccepted the Torah out of pure love of Hashem after the miracle of Purim as it says in Shabbos 88a, but on some tiny, tiny, minute level they must not have fully accepted to not sin ever again, therefore they were not deserving of the ultimate redemption). However, (B) hand in hand with the ultimate redemption and a state of completion in the world, everyone else, all the non-Jews would have to be ready to accept this yoke of Heaven, in their own right. It would seem that if Moshiach and a new advent in history was ready to take place then being under the control of the Persians and then being let go back to our home land to rebuild the beis hamikdash would have been a sign of their control and power, with all their viewpoints and ways that would have clashed with the ultimate state of perfection. Therefore, force and miracles would have to have been taken to annihilate any other power and to show the world that Hashem is in reality the only Truth.

It would not seem that Hashem would generally advocate violence; on the contrary, the harmony of everything in nature is run through peace, and order, night, day, land and oceans, stars, planets, galaxies even the angels all need peace in order to be unified and not to collide or swallow up each other, but this is only part of the perfection of the world which Hashem has created. Hashem is waiting for us to join this state of peace and perfection and on the contrary Hashem is very deliberate with His ways and would prefer all of humanity to acknowledge and live by the knowledge of His existence and Oneness but if the time comes and humanity as a whole is not ready to accept perfection then with calculated force and miracles, not brutal violence, Hashem’s greatness will shine and be made clear throughout the entire world, may it come speedily in our days!