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 #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.