Chulin 037a: Mad cow disease

2004-03-14 Thread Mordecai Kornfeld
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Chulin 037a: Mad cow disease

Michael [EMAIL PROTECTED] asked:

Shalom,

This daf - as well as others raise questions in relation to the problem of
MAD COW DISEASE, do you have any info. related to examination of the
shechted animal and if it would be shechted at all??

Thanks,
Michael
-
The Kollel replies:

As I understand it, mad cow disease is not recognizable when the cow is
alive, so the question of whether it is permitted to slaughter such a cow
is a moot issue. As for a cow which was found to have mad cow disease after
Shechitah, its meat would certainly be prohibited. Even if it does not
classify as a Tereifah (since it is not one of the ones listed in the
Talmud), it would be prohibited because of Sakanah, the danger to health
that it can cause, which is a more serious concern that the Kashrus issue
(see for example Mishnah, Chulin 58b; Shulchan Aruch OC 173:2).

Be well,
Mordecai Kornfeld

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RE: Chulin 021: How does Shechitah kill an animal?

2004-03-11 Thread Mordecai Kornfeld
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Chulin 021: How does Shechitah kill an animal?

The Kollel wrote:
Shechitah must cut a majority of the trachea. Accordingly, the animal
cannot inhale if the trachea is severed rather than punctured.

Jan Buckler [EMAIL PROTECTED] comments:

I would be interested in hearing from a vet on this matter because
there are documented cases of animals living with fully cut windpipes.
The most famous is the case of Mike the Chicken who lived 18 months
after its non-Jewish owner tried to kill it by chopping off its head.
The cut went awry leaving one ear and most of the brain stem. The cut 
missed the jugular vein and any bleeding blood vessels developed clots.
Nevertheless,the bird lived. Periodically, its owner used a syringe to
suction out phlegm and placed feed into the animal's esophagus. The 
bird's death came one night when its owner awoke to sounds of the 
chicken choking and could not find the syringe fast enough. 


Veterinarians sain that the majority of the autonomic function in a 
chicken is contained in the brain stem and that the vast majority of
Mike's brain stem survived the cleaver strike. While it is certain 
that without the owner's care the chicken would have died earlier,
it is also clear the the chicken did not die shortly after its head
was chopped off.

Please see pictures attached.

Jan Buckler 
attachment: chul-021.2c2.jpg

RE: Chulin 021: How does Shechitah kill an animal?

2004-03-11 Thread Mordecai Kornfeld
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Re: Chulin 021: How does Shechitah kill an animal?


Avrohom Tzvi Elias [EMAIL PROTECTED] asked:
It appears to me that by cutting the windpipe of an animal we are
actually improving it's ability to breath.

Jan Buckler [EMAIL PROTECTED] commented:
I would be interested in hearing from a vet on this matter because there
are documented cases of animals living with fully cut windpipes. The most
famous is the case of Mike the Chicken who lived 18 months after its
non-Jewish owner tried to kill it by chopping off its head. (See
http://www.miketheheadlesschicken.org/story.htm for more details.)



Yitzchok Zirkind [EMAIL PROTECTED] notes:

In my humble opinion something should be pointed out here.  This question
doesn't apply to cattle which needs that both Simanim be cut, and Nekuvas
ha'Veshet b'Ma'she'hu (and perhaps the combination of the cutting of the
two tubes weakens the animal enough to kill it).  However with regard to
fowl, cutting most of the windpipe is a valid Shechitah. (That is the case
in which you are wondering how the fowl dies through Shechitah.)
 
Kol Tuv,
Yitzchok Zirkind


Josh Marder [EMAIL PROTECTED]  writes:

The way that my chevrusa and I understood the concept of treif is that it
would die naturally were it not for any human intervention preventing that
death from occuring. Because the person was feeding the chicken through a
syringe, etc, that does not prevent the status of being a treif. An example
of this concept would be the cow which can no longer graze being treif
(45B) even though it could easily be kept alive by human intervention. Is
this the proper perspective?

Josh Marder 
---
The Kollel replies:

I am not sure that what you say is consistent with the Gemara on 57b. There
we are told of someone who made a splint for a chicken with a dislocated
thigh, and yet the Gemara insists that it would not be able to help the
bird survive longer than 12 months since a dislocated thigh makes a bird a
Tereifah, and a Tereifah cannot be made to live longer than 12 months (if
Tereifah Einah Chayah).

Perhaps, though, the Gemara is talking about the norm, i.e. commonly
available types of therapy. In very very unusual situations a Tereifah can
perhaps be made to live longer than 12 months, either by using a normally
unavailable type of therapy, or if the animal had some outstanding quality.
(It is obvious that imitations of Mike the Headless Chicken have yet to
arrive; it must have been an extremely unusual situation due to a
combination of factors.)

M. Kornfeld

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Megilah 015a: Purim, Esther, Daniel

2004-03-11 Thread Mordecai Kornfeld
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Megilah 015a: Purim, Esther, Daniel

Randy Lazarus [EMAIL PROTECTED] asked:

2 Questions:
1) According to the view that Chatach is Daniel, why wasn't Daniel 
Mordechai?  In other words - We know that everyone but Mordechai succumbed 
to yeush and attended the king's feast or fled the city.  How could daniel 
be so guilty?

2) When did Esther die?  Did she go back to Israel with Mordechai?  If not, 
how did he out-live her?  What do we know of the rest of her life?  Was she 
happy?

Randy Lazarus, Ramat Bet Shemesh, Israel
--
The Kollel replies:

1) I don't know it to be true that Mordechai was the only Jew not to sin.
If there is such a Midrash (and if it is meant to be taken literally), the
same question may be asked about the other members of the Anshei Knesses
ha'Gedolah who lived at the time (see Megilah 16b). I presume Daniel did
not sin along with the other Jews.

2) We do not know how long Esther lived; she did not go back to Israel as
far as we know. Her end was anticlimatic, in a sense, in that she
presumably remained in Achashverosh's harem until her demise. TOSFOS (Rosh
Hashanah 3b, DH Shnas) tells us that she was the mother of Daryavesh, the
king who took the throne after the death of Achashverosh and allowed
Nechemyah to restart the construction of the Beis ha'Mikdash; we discussed
this at length in our Insights there. Presumably Esther died happily,
knowing that she not only saved the Jews from certain death but that she
was the catalyst for the construction of the second Beis ha'Mikdash.

Mordecai Kornfeld

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Re: Menachos 110: Petitionary Korbanot

2004-03-11 Thread Mordecai Kornfeld
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Re: Menachos 110: Petitionary Korbanot

Joel Wiesen [EMAIL PROTECTED] asked:
Are there any petitionary korbanot?  Today we have many petitionary
prayers, but I cannot think of any similar korbanot (for health,
prosperity, etc.)
---

Yitzchok Zirkind [EMAIL PROTECTED] comments:

What about a Noder b'Eis Tzarah (see Tosfos Chulin 2b DH Aval Amar, cited
in YD 203:5)?
 
Kol Tuv,
Yitzchok Zirkind

---
The Kollel writes:

As Reb Yitzchok commented, Yakov asked Hashem to protect him in the house
of Lavan, vowing that if Hashem protects him he will make this place a
Beis Hashem, and offer a Nesech in gratitude. That would seem to qualify
as petitionary. A similar vow was taken by the Jewish Nation when they were
attacked by Amalek (in the end of Parashas Chukas). They pledged that if
Hashem helps them to win the war they will offer all of the booty to
Hekdesh (= Korbanos), see Rashi Bamidbar 21:2. See also Nazir 10a, Nedarim
28a, where a person makes an object Hekdesh in prayer that Hashem grant his
wish about that object.

I would think that the Se'ir la'Azazel is of the same category as the
Selach Lanu prayer, in which we ask Hashem for forgiveness. The Se'ir is
a way of requesting that Hashem forgive all of our sins. For that matter,
every Korban Chatas is like that; we are beseeching Hashem to forgive our sins.

Mordecai Kornfeld

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Re: Chulin 021: How does Shechitah kill an animal?

2004-03-11 Thread Mordecai Kornfeld
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Re: Chulin 021: How does Shechitah kill an animal?

Avrohom Tzvi Elias [EMAIL PROTECTED] asked:
It appears to me that by cutting the windpipe of an animal we are
actually improving it's ability to breath.

Jan Buckler [EMAIL PROTECTED] commented:
I would be interested in hearing from a vet on this matter because there
are documented cases of animals living with fully cut windpipes. The most
famous is the case of Mike the Chicken who lived 18 months after its
non-Jewish owner tried to kill it by chopping off its head. (See
http://www.miketheheadlesschicken.org/story.htm for more details.)



Elliot Benjamin [EMAIL PROTECTED] writes:

I am not a vet but an Ear, Nose and Throat Surgeon. It is clear that in the
case of humans then can certainly survive with both trachea and esophagus
completely severed. Yes, they would need other routes of nutrition and a
way of securing the cut end of the trachea to the skin to prevent it
closing off (as in a laryngectomy).

But, the question still seems to stand that unless the Dam Nefesh is
released i.e. via cutting the carotid artery or jugular veins then the
animal may not necessarily die, yet this does not appear to be a halachic
requirement for shechita (for Chulin)?

Dr. Elliot Benjamin BSc. (Hons), MRCS., DLO

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Chulin 000: How does Shechitah kill an animal?

2004-03-10 Thread Mordecai Kornfeld
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Chulin 000: How does Shechitah kill an animal?

Avrohom Tzvi Elias asked:

For a kosher shechita we need only cut the trachea and
esophagus. How does this alone kill the
animal? The trachea is a hard tube and air can still
enter. Doctors perform a trachaeotomy on humans by
making a hole in the trachea of a patient who can't
breath. It appears to me that by cutting the windpipe
of an animal we are actually improving it's ability
to breath.

--
The Kollel replies:

The difference can be found in the laws of Tereifos. Nekuvas ha'Kaneh (a
puncture in the trachea) does not render the animal a Tereifah. The animal
can live with a hole in the trachea. Shechitah must cut a majority of the
trachea. Accordingly, the animal cannot inhale if the trachea is severed
rather than punctured.

D. Zupnik

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Re: Hashem's name in Zemiros

2004-03-03 Thread Mordecai Kornfeld
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Re: Hashem's name in Zemiros

Tzvi Mordechai Cohen [EMAIL PROTECTED] wrote:
I have heard not to use Hashem's name in Tzur Mishelo because each
paragraph corresponds to a bracha in Birkas HaMazon creating Hlachik
problems vi-a-vis eating more and benching.

J. Hollander [EMAIL PROTECTED] comments:

I have heard:
There is no problem with Tsur MiShelo on days where we are not Yotsei
without adding necessary timely additions such as on Shabbat - Retsei, or
Yom Tov - Yaaleh veYavo. Thus, since it is not customary to sing Zemiroth
on other days - there should be no problem at all.

Yeshayahu HaKohen Hollander
--
The Kollel adds:

I suppose you also mean that we do not normally sing that Zemer for Se'udah
Shelishis (during which one is Yotzei if he forgets Retzei).

On the other hand, following the logic you suggest, you could have pointed
out that we do not mention Bris Milah in Tzur mi'Shelo, and that is Me'akev
the Birchas ha'Mazon (OC 187:3), so Tzur mi'Shelo alone will never suffice.

But I'm not sure that your logic is enough to avoid the Tzur mi'Shelo
problem, since if Tzur mi'Shelo is considered a Berachah (and not just
Zemiros) because of Nevarech l..., we should not be allowed to sing it in
order to avoid unnecessary Berachos (even if one will not be Yotzei Birchas
ha'Mazon with it). Therefore, it would seem that the reason we sing it is
because Tzur mi'Shelo is not considered a Berachah but a song of praise and
as such we cannot be Yotzei Birchas ha'Mazon by singing it.

By the way, if Tzur mi'Shelo had been sufficient for Birchas ha'Mazon, it
may not help to say Hashem instead of Adnus. The PRI MEGADIM writes that
one may be Yotzei a Berachah b'Di'eved using the word Hashem instead of
Adnus, so not pronouncing the name of Adnus may not help. 

M. Kornfeld

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RE: Chulin 007: The powers of evil

2004-03-02 Thread Mordecai Kornfeld
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Re: Chulin 007: The powers of evil

Rabbi Lehrfield wrote:
By the way, there is also a Ralbag similar to the Or ha'Chaim. He
explains that the reason that the friends of Daniel (it is too hard for
me to spell their names in English) were forced to leave the fire and
that they did not want to leave the fire was because they were afraid
that Nevuchadnezzer would harm them even though G-d had just save them.
(I heard the above explanation on a Rabbi Reisman tape) . 


Jeffrey Katz [EMAIL PROTECTED] 

Just to add another prominent opinion which seems to be in concert with the
Ohr HaChaim, one should take a look at the Biur Halachah (Siman 218), dh
K'gon.  In that Biur Halachah, the Chafetz Chaim, in trying to explain a
Halachah brought down by the Kaftor VaPherach, states that although
HaKadosh Baruch Hu specifically requested Eliyah HaNavi to appear before
Achav, nevertheless, Achav is considered a Ba'al Bechira with regard to
the life of Eliyahu and thus Eliyahu's life was deemed to be in danger.

Jeffrey Katz

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Re: Daniel's name

2004-03-01 Thread Mordecai Kornfeld
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Re: Daniel's name

Joel Schnur comments:

By the way, the navi's name in Hebrew is Da-knee-yale. Not Da-ni-el, as most
people mispronounce it. The tzeirei is under the yud not the aleph. check it
out!

(And to give credit, beshem omro, Rav Adin Steinsaltz pointed this out to me.)

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Re: Nevuchadnetzar or Nevuchadretzar

2004-02-26 Thread Mordecai Kornfeld
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Re: Nevuchadnetzar or Nevuchadretzar

b lowinger asked:

could you please enlighten me, as to the variance in spelling
Nebbuchadnetzar or Nebuchadretzar?

b lowinger, new york  usa

--
The Kollel replies:

Rav Joseph Pearlman replies:

In English, we call him Nebuchadnezzar, and in Tanach he is generally so
designated (Nevuchadnetzar) with or without an intermediate Alef (after
the second Nun). This is always the case in the books of Melachim,
Daniel, Ezra, Nechemyah, Esther, and Divrei ha'Yamim. However, in
Yechezkel, he is always called Nevuchadretzar, and in Yirmeyahu mostly
so, except in chapters 27 to 29. In chapters 21 (where he is first
mentioned) to 25, and from the second half of chapter 29 to the end, he is
called Nevuchadretzar always with an Alef after the first Reish.

This puzzles everyone who learns Yirmeyahu and Yechezkel for the first
time, and there is very little on it, if anything, in the regular
commentaries. There is one comment in Yalkut Me'am Lo'ez on Yirmeyahu 21:2.
He says, Here the verse calls him Nevuchadretzar, for before he destroyed
the Beis ha'Mikdash, the verse calls him Nevuchadnetzar, in a favorable
expression. After the Churban, it is [Nevuchad]retzar, from the expression
of 'Tzorer' ('one who afflicts'). However, this is forced, because it is
not consistent with every occasion of the word Nevuchadretzar in Tanach,
such as in Esther, Ezra, and Daniel, which were written before he destroyed
the Beis ha'Mikdash.

There is also a Midrash in Parshas Lech Lecha (Bereishis Rabah 45:9) on the
verse, Yado va'Kol v'Yad Kol Bo (Bereishis 16:12). The Midrash says,
When is 'his hand upon all, and the hand of all upon him'? It will be upon
the arrival of the one about whom it is written, 'And all places where
there reside people, beasts of the field, and birds of the sky, He has
given into your hand, and He has made you ruler over them all' (Daniel
2:38). This is as is written, 'For Kedar and the kingdoms of Chatzor, whom
Nevuchadnetzar, king of Bavel, smote' (Yirmeyahu 49:28). It is written
'Nevuchadretzar,' alluding to the fact that he tormented them in the desert
and killed them.

While this is a beautiful Derashah, it does not solve the problem in the
other places.

The true Peshat explanation presumably is that foreign names can vary in
their transliteration. Nevuchadnetzar's name is from the Babylonian
Nabu-Kudurri Usur, which means may Neba (an idol) protect the first
born (in Hebrew,  Nevo Netzor Es ha'Bechor; see Yeshayah 46:1).
Accordingly, the name spelled with a Reish is closer to the original,
Nevuchadretzar, whereas the Nun form is perhaps closer to the Hebrew
equivalent, Nevuchad-netzar. (We find that Chazal always tried to
introduce a Hebrew connotation to foreign words. See Tiferes Yisrael to
Pesachim 10:3, and Insights to Pesachim 119:2.)

It should also be noted that certain letters are interchangeable for
various reasons. For example, letters may be interchanged according to the
five parts of the mouth by which they are pronounced: gutturals (Alef, Heh,
Ches, Ayin), labials (Beis, Vav, Mem, Peh), sibilants (Zayin, Samech, Shin,
Tzadi), linguals (Dalet, Nun, Tes, Taf, Lamed), and palatals (Gimel, Yud,
Kaf, Kuf). Also, letters may be interchanged between Hebrew and Aramaic
equivalents, such as Tes and Tzadi (as in the Hebrew Tzvi which, in
Aramaic, is Tavya), or Zayin and Dalet (as in Zahav and Dehav), or
Shin and Taf (as in Shor and Tora). Similarly, the Nun and Reish are
interchangeable, as in the Hebrew Ben which, in Aramaic, is Bar. Also,
the Nun and Reish and Lamed seem to change about in the words Margalis,
Marnisa, and Margaris, and in the words Almanah and Armela. Another
superb example is Achan in Yehoshua 7:18, who becomes Achar in Divrei
ha'Yamim I 2:7, because he was Ocher Yisrael through his sin. However,
this change is possible only if there is an inherent interchangeability
between cognate letters.

Rashi in Erchin (33a, DH Katzir) writes Katzin (for Katzir) because Nun
is interchangeable with Reish, as it is written Nevuchadnetzar and
Nevuchadretzar (however, see Rashi in Megilah 14b, who gives an
alternative explanation for Katzir referring to Yoshiyahu's kingship, which
does not involve letter interchangeability).

Another example is Sheni (two) in Hebrew which in Aramaic is Trei,
where the Shin is replaced by a Taf, and the Nun is replaced by a Reish.
There must be numerous other examples which one can find.

At all events, there is no particular problem

RE: Re: Chulin 007: The powers of evil

2004-02-26 Thread Mordecai Kornfeld
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Re: Chulin 007: The powers of evil

Rabbi Moshe Lehrfield wrote:
The first answer given by the kollel is interesting; however, it implies
that another person can, in fact, harm another person even though such
harm is not preordained from above.  This is very difficult for me to
except.  Most people have a simple understanding that whatever occurs to
a person whether naturally or through the act of another person is
because the one above has decreed it to be so.  Of course, there may be
an exception to this rule in the case of witchcraft, which needs
further clarification.  There is a wonderful discussion of this entire
matter in Sifsai Chaim.

The Kollel replied:
Difficult as it sounds, the Or ha'Chayim that we quoted (in Bereishis
37:21) indeed says that a person can, in fact, harm another person even
though such harm is not preordained from above. I discussed this Or
ha'Chayim with Hagaon Rav Moshe Shapiro (Bayit Vegan) shlit'a recently,
and tried to argue that he doesn't really mean that the preordained can
be changed by another person, but that greater merit is necessary to
prevent damage being inflicted by a free-choosing person than to prevent
damage by an animal etc. However, Rav Moshe did not accept my argument
and said that the Or ha'Chayim's words imply that a person can, in fact,
harm another person even though such harm is not preordained from above.


Rabbi Lehrfield replies:

Thank you so much for the response. I am aware of the shita of the Or
ha'Chaim, however, I believe, that this is not the excepted opinion.
Furthermore, notwithstanding the opinion of Harav Shapiro, the Sifchei
Chaim (who, I understand, learned together with Harav Shapiro from Harav
Dessler) clearly says that this explanation is not the opinion of the Or
ha'Chaim; rather, it is limited to that one situation between Yosef and his
brothers , based on a concept similar to that of ayin harah (but in
general, even the Or ha'Chaim agrees that a person cannot harm another
unless it was preordained from above). I also heard from my Rosh Yeshiva
that there is a Kabalah from the Vilna Gaon that the halacha is not like
the Or ha'Chaim and that the concept of witchcraft is as explained by the
nefesh ha'chaim (which explanation, I did not fully understand). 

By the way, there is also a Ralbag similar to the Or ha'Chaim. He explains
that the reason that the friends of Daniel (it is too hard for me to spell
their names in English) were forced to leave the fire and that they did not
want to leave the fire was because they were afraid that Nevuchadnezzer
would harm them even though G-d had just save them. (I heard the above
explanation on a Rabbi Reisman tape) . 

Thank you

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RE: Hash-m's name in Zemiros

2004-02-26 Thread Mordecai Kornfeld
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Re: Zemiros

The Kollel replies:
The Halachic rationale for mentioning Shemos Kedoshim in Zemiros is that
when one is expressing praise of Hashem, one may use the name of Hashem.
Accordingly, this also relates to the refrain of the Zemer. We find the
repeated use of Hashem's name in other Piyutim (such as the Birkas
ha'Mazon said at a Bris Milah, and the Piyut of Hashem Melech on Yomim
Nora'im, and in some of the Selichos). Thus, one may pronounce Hashem's
name in the refrains of the Zemiros.

Mark Bergman [EMAIL PROTECTED] adds:

Many tunes for Zemiros include a repetition of the refrain (i.e. saying the 
refrain twice before starting the next stanza). Examples that spring to
mind that include Hashem's name include Boruch Kel Elyon (Hashomer 
Lo'El Yerotzu), Yah Ribon and Tzur Mishelo (... 
kidvar Hashem).

I have heard those who would not pronounce Hashem's name properly on the
repeat

Kol Tuv 
Mark Bergman

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Re: Nevuchadnetzar or Nevuchadretzar (corrected version)

2004-02-26 Thread Mordecai Kornfeld
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Re: Nevuchadnetzar or Nevuchadretzar

b lowinger [EMAIL PROTECTED] asked:

could you please enlighten me, as to the variance in spelling
Nebbuchadnetzar or Nebuchadretzar?

b lowinger, new york  usa

--
The Kollel replies:

Rav Joseph Pearlman replies:

In English, we call him Nebuchadnezzar, and in Tanach he is generally so
designated (Nevuchadnetzar) with or without an intermediate Alef (after
the second Nun). This is always the case in the books of Melachim,
Daniel, Ezra, Nechemyah, Esther, and Divrei ha'Yamim. However, in
Yechezkel, he is always called Nevuchadretzar, and in Yirmeyahu mostly
so, except in chapters 27 to 29. In chapters 21 (where he is first
mentioned) to 25, and from the second half of chapter 29 to the end, he is
called Nevuchadretzar always with an Alef after the first Reish.

This puzzles everyone who learns Yirmeyahu and Yechezkel for the first
time, and there is very little on it, if anything, in the regular
commentaries. There is one comment in Yalkut Me'am Lo'ez on Yirmeyahu 21:2.
He says, Here the verse calls him Nevuchadretzar, for before he destroyed
the Beis ha'Mikdash, the verse calls him Nevuchadnetzar, in a favorable
expression. After the Churban, it is [Nevuchad]retzar, from the expression
of 'Tzorer' ('one who afflicts'). However, this is forced, because it is
not consistent with every occasion of the word Nevuchadnetzar in Tanach,
such as in Esther, Ezra, and Daniel, which were written after he destroyed
the Beis ha'Mikdash.

There is also a Midrash in Parshas Lech Lecha (Bereishis Rabah 45:9) on the
verse, Yado va'Kol v'Yad Kol Bo (Bereishis 16:12). The Midrash says,
When is 'his hand upon all, and the hand of all upon him'? It will be upon
the arrival of the one about whom it is written, 'And all places where
there reside people, beasts of the field, and birds of the sky, He has
given into your hand, and He has made you ruler over them all' (Daniel
2:38). This is as is written, 'For Kedar and the kingdoms of Chatzor, whom
Nevuchadnetzar, king of Bavel, smote' (Yirmeyahu 49:28). It is written
'Nevuchadretzar,' alluding to the fact that he tormented them in the desert
and killed them.

While this is a beautiful Derashah, it does not solve the problem in the
other places.

The true Peshat explanation presumably is that foreign names can vary in
their transliteration. Nevuchadnetzar's name is from the Babylonian
Nabu-Kudurri Usur, which means may Neba (an idol) protect the first
born (in Hebrew,  Nevo Netzor Es ha'Bechor; see Yeshayah 46:1).
Accordingly, the name spelled with a Reish is closer to the original,
Nevuchadretzar, whereas the Nun form is perhaps closer to the Hebrew
equivalent, Nevuchad-netzar. (We find that Chazal always tried to
introduce a Hebrew connotation to foreign words. See Tiferes Yisrael to
Pesachim 10:3, and Insights to Pesachim 119:2.)

It should also be noted that certain letters are interchangeable for
various reasons. For example, letters may be interchanged according to the
five parts of the mouth by which they are pronounced: gutturals (Alef, Heh,
Ches, Ayin), labials (Beis, Vav, Mem, Peh), sibilants (Zayin, Samech, Shin,
Tzadi), linguals (Dalet, Nun, Tes, Taf, Lamed), and palatals (Gimel, Yud,
Kaf, Kuf). Also, letters may be interchanged between Hebrew and Aramaic
equivalents, such as Tes and Tzadi (as in the Hebrew Tzvi which, in
Aramaic, is Tavya), or Zayin and Dalet (as in Zahav and Dehav), or
Shin and Taf (as in Shor and Tora). Similarly, the Nun and Reish are
interchangeable, as in the Hebrew Ben which, in Aramaic, is Bar. Also,
the Nun and Reish and Lamed seem to change about in the words Margalis,
Marnisa, and Margaris, and in the words Almanah and Armela. Another
superb example is Achan in Yehoshua 7:18, who becomes Achar in Divrei
ha'Yamim I 2:7, because he was Ocher Yisrael through his sin. However,
this change is possible only if there is an inherent interchangeability
between cognate letters.

Rashi in Erchin (33a, DH Katzir) writes Katzin (for Katzir) because Nun
is interchangeable with Reish, as it is written Nevuchadnetzar and
Nevuchadretzar (however, see Rashi in Megilah 14b, who gives an
alternative explanation for Katzir referring to Yoshiyahu's kingship, which
does not involve letter interchangeability).

Another example is Sheni (two) in Hebrew which in Aramaic is Trei,
where the Shin is replaced by a Taf, and the Nun is replaced by a Reish.
There must be numerous other examples which one can find.

At all events

Megilah 030b: Reading Zecher Amalek

2004-02-26 Thread Mordecai Kornfeld
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Megilah 030b: Reading Zecher Amalek
Stuart Plaskow [EMAIL PROTECTED] asked:

Dear Rabbi Kornfeld,
Could you please explain to me why some Baalei Kriah on Shabbas Zochor, read 
the word ZAYCHER then ZECHER in the Maftir.? Since it is not a KRI or KSIV   
how did this originate.?

Wishing you a Happy Purim

Stuart

The Kollel replies:

In Bava Basra 21b we find that Yoav almost killed (or actually killed) his
childhood teacher for mistakenly reading to him the verse as Timcheh
Zachar Amalek (obliterate the males of Amalek) rather than Zecher Amalek
(any trace of Amalek). We only had to face Haman in a later generation
because of this mistake in Yoav schooling. 

Because of this we are unusually sensitive to the correct pronunciation of
this word, and we read it as both Zeicher (Tzeirei, Segol - the way the
word is voweled throughout Tanach) and Zecher, (Segol, Segol - as in
Mecher, Nechemyah 13:16 and Secher, Yeshayah 19:10, Mishlei 11:18),
just in case that is the true pronunciation -- even though there is no
difference in meaning at all between the two.

Note also that in the Ashrei psalm, all Sidurim vowel the word as Zeicher
(Tzerei, Segol), which is the way it appears in the Navi. However, the
Vilna Ga'on, as cited in Sidur Sha'arei Rachamim, makes it Zecher (Segol,
Segol). Likutei Maharich writes that this is also the pronunciation chosen
by the Radak, and that the same pronunciation would apply to the word in
the verse in Parshas Zachor.

M. Kornfeld

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Megilah 010: Does Vayehi connote Tza'ar?

2004-02-26 Thread Mordecai Kornfeld
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Megilah 010: Does Vayehi connote Tza'ar?
David Manheim [EMAIL PROTECTED] asked:

The gemara's hava amina is that the word vayihi by itself is a loshon
tzar, but then rejects this because of some counter examples and says
instead that the loshon of vayihi bimay is instead. 

However, in Ester rabbah, the hava amina is raised, the same objections are
brought up, but they are answered. Why does the gemara not like the teretz
of the medrash?

David Manheim, Har nof, Israel / Atlanta, Ga, USA
--
The Kollel replies:

The Gemara proves that Vayehi cannot always imply Tza'ar from the verses
Vayehi Erev Vayehi Boker that are repeated for the six days of creation.
The Midrash in Esther Raba (Pesichta #11) asks also from Vayehi Or. It
answers these Vayehis by asserting that the there was sorrow by the
creation of the heavens and earth since they would eventually cease to
exist, and by the other days since the creations of those days were not
complete; wheat requires grinding and baking etc. The creation of Light was
sorrowful since it was hidden away immediately after it was created.

As to why our Gemara did not accept these answers, I would suggest the
following:

(a)  A telling reference that puts the answers of the Midrash Raba in
perspective is the Midrash Bereishis Raba 42:3, which adds one word to
these answers. It states not that these Vayehis did not represent a Simcha,
but that they did not represent a *full Simchah*. That is, there certainly
is nothing sorrowful about the creation of the world, per se. However the
joy of creation was *incomplete*, since something was still lacking in
creation (i.e. the heavens and earth would eventually expire, and the rest
or creation was not fully prepared for use). 

If so, the Midrash need not disagree with the statement of our Gemara. Our
Gemara refuted the claim that Vayehi always represents *sorrow* since
these Vayehis do not herald a cause for mourning and sorrow. The Midrash
makes another postulate, namely that Vayehi represents a joy that is
*lacking* in some respect, and it defends that postulate appropriately. Our
Gemara might agree to this statement of the Midrash.

(By the way, your statement that in the Midrash the same objections are
brought up, but they are answered is inaccurate. The Midrash does not
explain why Vayehi is appropriate in the verse discussing the building of
the First Temple and in Yakov's meeting with Rachel, which the Gemara cites
as additional proofs that Vayehi is not Tza'ar. However, the answers the
Midrash would give to these verses can be learned from Rashi Bereishis
29:11 (Yakov cried at the time he met Rachel since he saw that Rachel would
not be buried with him) and Rashi Shemos 38:21 (at the building of the
Mishkan the verse alludes to the grief we would experience due to the
destruction of the two Batei Mikdash -- the same would apply for the
building of the Mikdash).

(b) However, I believe that although what I have written above is correct
there is yet more to the picture. The Midrash itself cites a disagreement
on this matter. Although it cites Rav Shmuel bar Nachmani as postulating
that Vayehis are signs of sorrow, it also cites Rav Shimon bar Aba as
saying that Vayehi means either unparalleled grief or *unparalleled joy*.
He apparently was of the opinion that the Vayehi's of the Creation of the
World all were Vayehi's of joy that were *not* mixed with grief at all.
(The Gemara implies as well that the Simchah of creation was *complete*
when it says that the Simchah of the completion of the Mishkan was the
epitome of joy, as exemplified by the joy of the creation of the heavens
and the earth.)

Why didn't Rav Shimon bar Aba accept the arguments of Rav Shmuel bar
Nachmani, who showed that the Simchah of creation was indeed a mixed joy? 

The answer to this might lie in the argument between Rebbi Yirmiyah and
Rebbi Zeira (Berachos 30b) as to whether one may fill his mouth with joy
in this world (see Insights there; see also Insights to Avodah Zarah
3:2:b). It is clear from that Gemara that there is a difference of opinion
as to whether one may view the present world as complete, since it fully
serves the purpose for which it was created, or as incomplete, since
compared to the state of matters in the World to Come it is found lacking.
Rav Shmuel is asserting that the joy of creation is lacking (and that is
why it says Vayehi) since this world is obviously not the final goal. It
will be replaced by a better world, in which loaves

RE: Re: Chulin 007: The powers of evil

2004-02-26 Thread Mordecai Kornfeld
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Re: Chulin 007: The powers of evil

Rabbi Lehrfield wrote:
By the way, there is also a Ralbag similar to the Or ha'Chaim. He
explains that the reason that the friends of Daniel (it is too hard for
me to spell their names in English) were forced to leave the fire and
that they did not want to leave the fire was because they were afraid
that Nevuchadnezzer would harm them even though G-d had just save them.
(I heard the above explanation on a Rabbi Reisman tape) . 

Morris Smith [EMAIL PROTECTED] adds

On the same topic---Rav Isaac Bernstein,ztl, also stated on his tape on
parshat vayeshev that the Ohr Hachaim's concept of bechira is also alluded
to in the beginning of tachanun --when David Hamelech asks to fall into the
hands of Hashem and not into human hands

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Chulin 025: Ma'aser on Temed

2004-02-24 Thread Mordecai Kornfeld
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Chulin 025: Ma'aser on Temed

Aharon Levine asked:

On Chulin 25b, Rashi explains that according to the Chachamim, temed that
has no more liquid than the amount of water that was initially added is
considered water, not wine, despite the fact that it tastes like wine.  Do
the Chachamim disagree to the concept of Ta'am K'ikur that we find
throughout Shas or is the situation with temed different from the typical
Ta'am K'ikur?

Aharon Levine, Baltimore, Maryland USA
--
The Kollel replies:

The Bartenura on the Mishnah in Ma'asros writes that it is not Ta'am
Gamur, but rather only Kiyuha (a minor taste). However, the Ramban in
Bava Basra writes that Shemarim are not considered Tevel, and, therefore,
only if it becomes wine is there a Chiyuv of Ma'aser when there is actual
volume.

D. Zupnik

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Dimensions of the Luchos

2004-02-24 Thread Mordecai Kornfeld
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Dimensions of the Luchos

Jay Meyer [EMAIL PROTECTED] asked:

What are the height/width/depth of EACH of the luchos measured in tefachim,
and in what Maseches do we learn that?

Thank you.

Jay Meyer, Jacksonville, USA
--
The Kollel replies:

According to the Gemara in Bava Basra 14a, they each were a square of 6
Tefachim by 6 Tefachim, and 3 Tefachim thick.

Be well,
M. Kornfeld
Dafyomi Advancement Forum

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Re: Chulin 007: The powers of evil

2004-02-21 Thread Mordecai Kornfeld
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Re: Chulin 007: The powers of evil

Dr. M. Kaplan asked:
The Gemara first quotes Rebbi Chanina who says that nothing (even
Keshafim) has power in this world except for Hashem, as it is written,
There is nothing besides Him (Devarim 4). Rebbi Chanina further states
that a person does not hurt his finger unless decreed from above. The
Gemara then quotes Rebbi Yochanan who says that sorcerers are called
Keshafim because they are Makchishin Pamalya Shel Ma'alah, -- they
contravene the powers of above.

The Kollel replied:
The answer to your question involves two elements...

Rabbi Moshe Lehrfield writes:

Thank you.

The first answer given by the kollel is interesting; however, it implies
that another person can, in fact, harm another person even though such harm
is not preordained from above.  This is very difficult for me to except.
Most people have a simple understanding that whatever occurs to a person
whether naturally or through the act of another person is because the one
above has decreed it to be so.  Of course, there may be an exception to
this rule in the case of witchcraft, which needs further clarification.
There is a wonderful discussion of this entire matter in Sifsai Chaim. 

The second explanation is nice, but I do not think that it is the Pshat.

M. Lehrfield
-- 
The Kollel replies:

(a) Difficult as it sounds, the Or ha'Chayim that we quoted (in Bereishis
37:21) indeed says that a person can, in fact, harm another person even
though such harm is not preordained from above. I discussed this Or
ha'Chayim with Hagaon Rav Moshe Shapiro (Bayit Vegan) shlit'a recently, and
tried to argue that he doesn't really mean that the preordained can be
changed by another person, but that greater merit is necessary to prevent
damage being inflicted by a free-choosing person than to prevent damage by
an animal etc. However, Rav Moshe did not accept my argument and said that
the Or ha'Chayim's words imply that a person can, in fact, harm another
person even though such harm is not preordained from above.

(b) I am not sure what your difficulty was with the second explanation.
Perhaps you found it difficult to fit into the words of Rebbi Chanina that
a person does not stub his toe on this world unless it is decreed from
above; how can that be referring only to the very meritorious?

However, that statement is not discussing harm being caused by a Ba'al
Bechirah, but rather harm that comes by itself. Therefore it is true of
everyone; one will not stub his toe without having it decreed from above.
The other statement, Ein Od Milvado, is limited by the Gemara itself to
those who are unusually meritorious, as we said in our second explanation
(which complements the first).

M. Kornfeld

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Re: Chulin 007: The powers of evil

2004-02-17 Thread Mordecai Kornfeld
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Re: Chulin 007: The powers of evil

Dr. M. Kaplan asked:
The Gemara first quotes Rebbi Chanina who says that nothing (even
Keshafim) has power in this world except for Hashem, as it is written,
There is nothing besides Him (Devarim 4). Rebbi Chanina further states
that a person does not hurt his finger unless decreed from above. The
Gemara then quotes Rebbi Yochanan who says that sorcerers are called
Keshafim because they are Makchishin Pamalya Shel Ma'alah, -- they
contravene the powers of above.
How are we to reconcile these two statements? 

-
The Kollel replied:
The answer to your question involves two elements. First, Rebbi Chanina is
not teaching that bodily harm that is caused by another person is decreed
from above. Rather, he is referring to what happens to a person through the
natural course of events without human intervention

The second part of the answer to your question is that Keshafim cannot
damage every person. There are certain people, such as Rebbi Chanina (who
says that a person does not hurt his finger unless decreed from above),
who are invulnerable to the powers of Keshafim. This is discussed by RAV
CHAIM of VOLOZHEN in his classic work, NEFESH HA'CHAIM (3:12). He writes
that the power of sorcery comes from the control that Hashem gave to man
over certain lower metaphysical powers, powers that come through the
stars and constellations. They do not have control over the powers that
come from the holy Merkavah of Hashem, and the realm of the Mal'achim
(celestial beings). When a person has firmly established Emunah in his
heart that there is no other force in the world other than the will of
Hashem, and his thoughts are so connected to the Master of all forces
that it is clear to him that nothing else has any control or existence at
all without Hashem's will, he can be confident that the forces of sorcery
will have no influence over him (unless Hashem so desires) 

-

Yeshayhu HaKohen Hollander comments:

Dear Rabbi,

A radically different interpretation may be given - I don't remember who
gave this one:
In the statememt of Rabbi Hanina Ein Adam Nokef etsba'o milemata ela im
ken machrizin alav milmala one should not translate the word Machrizin
as Decreed but as Announced, which is the usual translation of
machrizin, as in the case of a lost item.

The impact of the statement of Rabbi Hanina is that even a small thing done
below is announced above: that the almighty is not indifferent even to a
small action or hurt in this world. According to Rashi Nokef is Hurt; but
Nokef has often another meaning: to pass or to bend, as shanim inkofu -
years will pass. The difference between the two translations of NOKEf is:
if Nokef = hurt, like Rashi - the announcer only announces hurts; if Nokef
= bends, the heavenly announcer announces even seemingly insignificant
actions. this would have similar meaning to Rabbi Akiva's statement Hakol
Tsafui vehareshut netuna, as some interpret: Everything done is seen =
registered [by the almighty], but is enabled by him [hareshut netuna],
which ststement is amplified by the saying kol ha'omer HKBH vatran -
yivatru meav - anyone who says that HKBH lets one do an action without
getting the appropriate reward or punishment - will have his innards cut,
because Hapinkas patuah veayad roshemet: everything is written down and
account is taken.

In this way Ein ode milvado: nothing can escape His presence: everything is
noticed by Him.

Rabbi Yohanan's statement Makchishin Pamalya Shel Ma'alah, like false
witnesses who makchish other witnesses, but not contravene. Again, this
is an old problem: what are the powers of Kishuf, if any.


Yeshayhu HaKohen Hollander

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Chulin 024b: Sandals and Shoes

2004-02-15 Thread Mordecai Kornfeld
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Chulin 024b: Sandals and Shoes
Joel Wiesen [EMAIL PROTECTED] asked:

Usually we read about sandals, and only occasionally about shoes. Are the
unique words used for shoes and sandals used to mean the same footwear, or
did they have real shoes back then?

Yehuda Wiesen, Newton, Massachusetts
-
The Kollel replies:

They wore different footwear in the summer and winter, see Gemara and Rashi
Sukah 21b (DH Kol she'Ein), Bava Basra 58a (DH Ela Sandalim and Rashash
there). Sandals were worn whenever weather permitted, since they were (and
still are) much cheaper.

M. Kornfeld

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Chulin 007: The powers of evil

2004-02-12 Thread Mordecai Kornfeld
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Chulin 007: The powers of evil

Dr. M. Kaplan asked:

The Gemara first quotes Rebbi Chanina who says that nothing (even
Keshafim) has power in this world except for Hashem, as it is written,
There is nothing besides Him (Devarim 4). Rebbi Chanina further states
that a person does not hurt his finger unless decreed from above. The
Gemara then quotes Rebbi Yochanan who says that sorcerers are called
Keshafim because they are Makchishin Pamalya Shel Ma'alah, -- they
contravene the powers of above.

How are we to reconcile these two statements?

-- 
The Kollel replies:

The answer to your question involves two elements. First, Rebbi Chanina is
not teaching that bodily harm that is caused by another person is decreed
from above. Rather, he is referring to what happens to a person through the
natural course of events without human intervention. The reason for this is
because, as the Or ha'Chaim writes (in Bereishis 37:21), a person -- who
has the power of free choice -- is able to intervene in another person's
life and even to kill him, even though it was not decreed from above on
that person to die. (The source for this teaching can be found in the Zohar
on that verse. According to some, there is a Machlokes Tana'im in the Zohar
regarding this point.) Therefore, just as a person can physically damage
someone else even though it was not ordained from above, a person can also
damage someone else through his use of sorcery, even though it was not
ordained from above. In this manner, the Keshafim can contravene the
destiny decreed from above.

(We may wonder why the phrase Makchishin Pamalya Shel Ma'alah is used to
describe only sorcery, when a person can contravene what was preordained
with physical intervention as well. The answer is that when he contravenes
with physical force, he is not enlisting any of the other powers or
creations of Hashem to his use. Keshafim, in contrast, enlist the powers of
above, which normally would have brought a different fate to the subject
involved. The reason why a person can turn the powers above to his use is
because Hashem instilled such an ability into the nature that He created,
which allows a person to control certain powers of the physical and
metaphysical world.)

The second part of the answer to your question is that Keshafim cannot
damage every person. There are certain people, such as Rebbi Chanina (who
says that a person does not hurt his finger unless decreed from above),
who are invulnerable to the powers of Keshafim. This is discussed by RAV
CHAIM of VOLOZHEN in his classic work, NEFESH HA'CHAIM (3:12). He writes
that the power of sorcery comes from the control that Hashem gave to man
over certain lower metaphysical powers, powers that come through the
stars and constellations. They do not have control over the powers that
come from the holy Merkavah of Hashem, and the realm of the Mal'achim
(celestial beings). When a person has firmly established Emunah in his
heart that there is no other force in the world other than the will of
Hashem, and his thoughts are so connected to the Master of all forces
that it is clear to him that nothing else has any control or existence at
all without Hashem's will, he can be confident that the forces of sorcery
will have no influence over him (unless Hashem so desires). When Rebbi
Chanina said that the sorcerers cannot affect him because, Ein Od
Milvado, he was emphasizing the clarity of his perfect faith. People such
as Rebbi Chanina are invulnerable to sorcery.

Rav Chaim of Volozhen continues that when a person firmly establishes this
belief in his heart, he can be confident than not only Keshafim cannot
affect him, but that no other source, such as other persons, can cause him
harm. It seems from his words that even the will of a person, who has the
power of free choice, cannot affect a person who cleaves to Hashem and
fully accepts in his mind and heart that there is no other force that has
any power in the world other than Hashem alone.

M. Kornfeld

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Makos 020: Removing hair on Shabbos

2004-02-10 Thread Mordecai Kornfeld
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Makos 020: Removing hair on Shabbos

XON8 asked:

In Makos, it says:

(j) Support (Beraisa): One who shaves the length of a scissors blade on
Shabbos is liable - this is two hairs;
(k) R. Eliezer says, he is liable for one hair. 
1. Chachamim admit, one is liable for removing a single white hair among
black ones (because this is important to him);
2. Men are forbidden to do so even on a weekday - V'Lo Yilbash Gever
Simlas Ishah (do not adorn yourself like a woman). (Rambam - he is lashed
even for one hair; Ra'avad - it is forbidden only if he removes enough to
make a recognizable difference; Ritva - our Tana holds that this is only
forbidden mid'Rabanan on account of Simlas Ishah).
---
This is fine.  However, shouldn't he also be chayav for doing it on shabbat
because of Borer (that you aren't allowed to separate the bad from good
on shabbat) - here is is taking a white hair from the groups of black.
This is assur also!

--
The Kollel replies:

The Melachah of Borer is considered a Tikun in the remaining good,
desirable objects, in that the remainder becomes more usable since the bad
was removed. See Or Same'ach (Hilchos Shabbos 8:11), who says that for this
reason there is Borer only when the remainder is used together; in
contrast, there is no Borer for Kelim (utensils) which are used
individually. (Not all Poskim accept this reasoning.)

Therefore, in the cae of hairs, one is not improving the remaining black
hairs for they are not for use anyway. One merely wants to do away with the
white hair. Although it is among the black, it still is not Borer.

It is also possible that since each hair is connected individually to the
body, it is not considered a mixture (Ta'aruves) which is neccesary to have
before there is a problem of Borer. This is my suggestion, but I would not
rely on it l'Halachah.

D. Zupnik

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Chulin 005: The Shechitah of an idolater

2004-02-01 Thread Mordecai Kornfeld
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Chulin 005: The Shechitah of an idolater

Shragie E. asked:

1)The gemora refutes Reb Anan who says that one may eat the shechita of an
oved AZ from the braisa that says we do not accept the korbon oleh of an
oved AZ. Why is this a problem, maybe his korbon is not acceptable but his
shecitah is still kosher?
2)Reb Anan did want to use the rayuh from the braisa that a mumer loso
davar could shecht because keivan dedush beh kehetairah dami.  We don't see
Rabah arguing with this sevureh. Or do we?  
3) From Chatas on amud beis we see only those who commit beshogeg have
their korbonos accepted.  Implying, those who commit bemaized, including a
mumer leteyavon are not.  This is very different from the oleh on amud alef
who only excludes an oved AZ and mechalel shabbos.  What's the gemores
question of Mei beneihoo?

--
The Kollel replies:

1) The Gemara is not refuting Rav Anan from the Halachah of Olah, but
rather it is refuting Rav Anan from the Beraisa of Olah. From the fact that
the Beraisa differentiates between a Mumar l'Davar Echad whose Korban is
accepted, and a Mumar l'Nasech whose Korban is not, we see that a Mumar
l'Avodah Zarah is not like a Mumar l'Davar Echad, but rather like a Mumar
l'Kol ha'Torah, and therefore his Shechitah will also be Pasul, like the
Shechitah of a Mumar l'Kol ha'Torah.

2) Rav Anan said his Halachah independently, and not as an explanation of
the Beraisa. The Gemara is looking for a different Perush of Mumar other
than the Perush of Mumar l'Davar Echad, because Mumar l'Davar Echad is
included in Arel. The Gemara suggests that Mumar refers to a Mumar
l'Oso Davar, which would follow Rava who says that Mumar l'Oso Davar is
Kasher for Shechitah. The Gemara is Docheh this, and says that perhaps the
Shechitah of a Mumar l'Oso Davar is actually Pasul, *unlike* Rava, because
of the logic of k'Heteira Dami. Rava must argue on this logic, for he
relies on the logic of Lo Shavak Heteira, and if an Isur has become like
a Heter to this Mumar, that logic falls away. Therefore, the Gemara must
offer a different expalnation for Mumar, which is not included in Arel
(Mumar l'Davar Echad) and is also not a Mumar l'Oso Davar. Accordingly, the
Gemara suggests that it refers to a Mumar l'Avodah Zarah, which will follow
Rav Anan.

3) The question of the Gemara (here and in Horayos) of Mai Beinaihu is
what is the difference between the Man d'Amar that learns from m'Am
ha'Aretz (which is a Mi'ut regarding the person himself who is a Mumar)
that he may not bring a Korban, and the Man d'Amar that learns from
v'Ashem, which is a Mi'ut on the bringing of the Chatas, teaching that it
must be a case of Shav m'Yedi'aso, which, in practice, a Mumar is not.

D. Zupnik

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Re: Shevu'os 003: Atonement

2004-01-29 Thread Mordecai Kornfeld
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Re: Shevuos 003: Atonement

The Kollel wrote:
A Chatas is considered inexpensive. It can be bought for even one Danka.
Nevertheless, regarding the variable Chatas, the Torah was lenient for
the pauper.

Barry Epstein [EMAIL PROTECTED] asked:

How can a bull be inexpensive?  It would appear today that a poor person
who not be able to afford to buy a bull for a chatas.

Barry Epstein, Dallas, USA
--

The Chatas offering was a female sheep or goat, less than one year old. It
was not considered an expensive item, and the Gemara testifies in a number
of places (e.g. Shevuos 37a). That's at most 32 Perutos, or about $1.00.

Be well,
Mordecai Kornfeld

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Chulin 002: A Tamei who performs Shechitah of Kodshim

2004-01-28 Thread Mordecai Kornfeld
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Chulin 002: A Tamei who performs Shechitah of Kodshim

joseph asked:

the answer you state for the Rambam why he ommitted the requirement for
the tuma who shected kodsim to say that he did not touch is because chibas
hakodesh according to Rambam is only drabunan. if that is the case then
he should be allowed to shect lcotchila.

joseph, ny
--
The Kollel replies:

Although the Tum'ah would be d'Rabanan, we are stringent with the Tum'ah of
Kodesh, and we make precautions that Kodesh should not become Tamei. (See
Mishnah Chagigah 3:1 for some examples.) Therefore, l'Chatchilah we will
not allow a Tamei to perform Shechitah. However, once he did, it is only a
Safek d'Rabanan.

D. Zupnik

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Menachos 108: One of my bulls

2004-01-28 Thread Mordecai Kornfeld
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Menachos 108: One of my bulls

Mark Bergman asked:

The Gemoro (108b) says that if one specified Echod MeShvari (one of my
oxen) and he had 3, we are choshesh that he meant the middle one (as well
as the best one).
What if he had 5 - are we choshesh for all but the worst?

Kol Tuv
Mark Bergman
Manchester UK

--
The Kollel replies:

The Aruch ha'Shulchan (94:25) asks the question and says that surely we
will not say that he must bring all. He writes that in a case of three, the
middle one has a special Chashivus since it is durectly above the bottom,
whereas each middle one of many is not unique, since there are other middle
ones.

D. Zupnik

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Re: Menachos 096a: The Kanim of the Lechem ha'Panim

2004-01-28 Thread Mordecai Kornfeld
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Menachos 096a: The Kanim of the Lechem ha'Panim

Mark Bergman  asked:
The Gemoro says (bottom of 96a) that there was a gap between each loaf of
the Lechem HaPonim and the canes supporting the level above (to allow
flow of air), yet it seems that the canes rested on the loaves (thus for
example, the top level only had 2 canes since the weight resting was less).

Mark Bergman continues: 
Maybe you didn't grasp the exact point of my question, which is that I
understood the Gemoro to first say that there was a groove in the top of
each loaf into which each of the Kanim fitted; then the Gemoro asks that
there must be gap (between the loaves) for air to circulate, so the Gemoro
answers that there was a small gap between the loaf AND THE ROD ABOVE (i.e.
rod not resting on the loaf!) [magba lei purta] How exactly did you
understand magba lei purta ?

Any comment? Kol Tuv

Mark Bergman Manchester UK 

The Kollel replies:

I understood the term d'Magbah Lei Purta to mean that the *rods* lifted
up the *bread* a bit. (Not that the *person* lifted the *rod* above the
bread a bit, as you understood.)

Best wishes, M. Kornfeld

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Chulin 002: The blood of a Korban being Machshir it

2004-01-25 Thread Mordecai Kornfeld
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Chulin 002: The blood of a Korban being Machshir it

Moshe A. asked:

Question on your answer, that the Rambam holds that Chibas HaKodesh is
Miderabanon.

Isn't dam shchita makshir the korbon?

Moshe

--
The Kollel replies:

Your question is addressed by Tosfos (2b, DH Shema Yiga). He writes that
Dam of Kodshim is not Mach'shir to be Mekabel Tum'ah. His source is the
Gemara in Pesachim (16a, 20a).

Y. Shaw

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Menachos 096a: The Kanim of the Lechem ha'Panim

2004-01-22 Thread Mordecai Kornfeld
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Menachos 096a: The Kanim of the Lechem ha'Panim 
Mark Bergman [EMAIL PROTECTED] asked:

The Gemoro says (bottom of 96a) that there was a gap between each loaf of
the Lechem HaPonim and the canes supporting the level above (to allow flow
of air), yet it seems that the canes rested on the loaves
(thus for example, the top level only had 2 canes since the weight resting
was less).


Any comment?
Kol Tuv


Mark Bergman
Manchester UK

The Kollel replies:

We addressed this issue in our Insights to the Daf. You will find a copy of
our answers below.

Best wishes,
M. Kornfeld

=
3) THE KANIM ATOP THE LECHEM HA'PANIM
QUESTION: Rebbi Chanina and Rebbi Yochanan argue about the form in which
the Lechem ha'Panim are made. Rebbi Chanina says that they are made in the
form of a Teivah Perutzah. Rebbi Yochanan says that they are made in the
form of a Sefinah Rokedes. The Gemara asks a number of questions on the
opinion of Rebbi Yochanan. One of the questions is that the Mishnah later
(96a) teaches that three golden, half-tube rods were placed atop each loaf
of the Lechem ha'Panim. These rods supported the loaf that was placed on
top of them, and they made a space between the loaves, allowing air to
circulate between them. The Gemara asks that if the loaves were shaped like
a Sefinah Rokedes, then how could three rods be placed on each one? The
shape of the bread does not allow for more than one rod to be placed on the
loaf! (See Row #4 in Graphic #6, The Lechem ha'Panim.)

It is evident from the Gemara that the Kanim were supported by the bread.
This is also evident from the Gemara later (97a) which teaches that only
two Kanim were placed below the highest tier of loaves, while three Kanim
were placed beneath the other tiers. The Gemara there says that the reason
for this difference is that the highest tier was supporting much less
weight, and thus two Kanim sufficed. It is clear from that statement that
the Kanim between the lower tiers supported not only the loaves immediately
above them, but also all of the tiers of loaves above that tier.
Accordingly, the Kanim between the loaves must have been supported by the
loaves themselves, and not by any other support that was not resting on the
loaves.

How can this be reconciled with the Mishnah and Gemara later (96a) that
state that there were golden Senifin, panels, that were branched at their
heads which served to support the loaves? This implies that the Kanim that
supported each loaf rested on the Senifin, and not on the loaves! (TOSFOS
DH k'Min)

ANSWERS:
(a) TOSFOS (DH d'Samchei) suggests that the Senifin did not support the
Kanim at all. When the Mishnah says that they supported the loaves, this
means that they only provided support to the sides of the loaves to prevent
them from being crushed under the weight of the upper loaves. The Kanim
between the tiers, though, were supported by the loaves alone. What does
the Mishnah mean when it says that the Kanim were Mefutzalim k'Min
Dukranim, branched like bamboo shoots? Tosfos explains that the word
Mefutzalim does not mean branched, as it means in other places (Yoma
29a, Chulin 59b). Rather, it means indented or peeled (see RASHI to
Bereishis 30:37).

Tosfos explains that the Senifin covered the entire face of the bread on
each side of the Shulchan (see Row #3 in Graphic #6). The Kanim that
protruded from between the loaves prevented the Senifin from touching the
faces of the loaves. In order to accommodate the Kanim, grooves were made
on the inner side of the Senifin into which the Kanim protruded, while the
remainder of the Senifin pressed directly against the loaves.

According to Tosfos, the grooves which accommodated the Kanim apparently
did not provide support for the Kanim (that is, the weight of the Kanim did
not rest on them), and thus the Kanim had to rest on the loaves. Why,
though, were the Kanim not placed to rest on the Senifin, if doing so would
give more support to the loaves?

Tosfos writes that it is possible that the Senifin did not reach past the
top of the first tier of loaves (see following Insight.) Perhaps the lowest
Kanim *did* rest on the Senifin (in the grooves, or Pitzulim). However,
the upper Kanim had to rest on the loaves, since the Senifin did not reach
that high. (See also Tosfos to 96b, DH Misgarto.)

(b) However, RASHI (here, 96a, and in Shemos 25:29) writes that the Kanim
indeed rested on the Senifin. This is also the opinion of RABEINU GERSHOM
(here, and 97a, DH Mefutzalim). This is also the opinion

Re: Menachos 049: Precedence of Mitzvos

2003-12-29 Thread Mordecai Kornfeld
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Re: Menachos 049: Precedence of Mitzvos

The Kollel wrote: 
Mitzvah ha'Ba'ah lYadcha Al Tachmitzenah is a requirement for Zerizus,
and says nothing 
about precedence. Ein Ma'avirin Al ha'Mitzvos is said where both will
eventually be done, but 
the question is which should be done first. However, when only one can be
done, we must deal
with which Mitzvah has precedence.

I later saw the Divrei Malkiel (OC 1:8-18) who discusses the rules of Ein
Ma'avirin at length, 
and asserts that it applies even when only one of the two Mitzvos can be
done, not like I 
originally suggested to you.

D. Zupnik

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Bava Metzia 093a: Perutah of Rav Yosef

2003-12-29 Thread Mordecai Kornfeld
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Bava Metzia 093a: Perutah of Rav Yosef
Ruben Weiser [EMAIL PROTECTED] asked:

dear rav.
why a shomer chinam doesnt become a shomer sachar because he doesnt have to
give
tzedaka to the poor(pruta the rav yoseph)while he is doing the mitzva(of
watching for others for free)?

thanks
ruben weiser
buenos aires.

The Kollel replies:

It would seem that Perutah d'Rav Yosef only applies to a Mitzvah such as
watching an Aveidah, which one is obligated to do against his will. It does
not apply to a Mitzvah that one voluntarily takes upon himself, such as
agreeing to be a Shomer Chinam. Accepting to do a voluntary Mitzvah cannot
exempt one from an obligatory Mitzvah, such as giving Tzedakah.

One might question this assumption based on the Gemara (Basa Metzia 82b)
which tells us that a Shomer Mashkon also benefits from Perutah d'Rav
Yosef, even though it would seem that he has no obligation to lend out
money (and to take the Mashkon in exchange). This would imply that even a
voluntary obligation of Shemirah benefits from Perutah d'Rav Yosef.

However, lending money is not the same as watching an object as a Shomer
Chinam. There indeed *is* an obligation to lend money to someone who is in
dire need of it (if one can afford to lend the money), but there is never
an obligation to watch someone's object for him. Watching someone's object
involves accepting responsibilities upon one's self, and the Torah does not
*obligate* a person to accept responsibilities in order to help one's friend.

D. Zupnik

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Sotah 049: Ongoing creation

2003-12-29 Thread Mordecai Kornfeld
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Sotah 049: Ongoing creation

Simon Glass [EMAIL PROTECTED] asked:

If I understand correctly, the universe is sustained in part by the 
pronunciation of  Yehai shemai rabah... and also by our understanding that 
the world is half good and half bad, and so the importance of the character 
of our next deed.  I believe this implies that the world is always in a 
state of being created.  Is there a source for this idea of constant 
renewal?  If so, what is it?

Simon Glass, Toronto, Ontario
--
The Kollel replies:

In our morning daily prayers, we say ha'Mechadesh b'CHol Yom Tamid Ma'aseh
Bereishis, i.e. that Hashem is constantly renewing the creation of the
world, daily. We cite a verse from Tehilim 136:6 as the source for this
teaching. 

(I did not find a Midrashic source for this exegesis of the verse other
than the daily prayers. The Sidur Sha'arei Rachamim points out that the
Zohar (Shemos 10a) learns from the word Oseh in the verse Tehilim 104:4
that Hashem constantly creates angels, and a parallel application of that
teaching would yield the Derasa we mention in our prayers.)

M. Kornfeld

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Re: Moed Katan 028: Chasan sitting at the head

2003-12-25 Thread Mordecai Kornfeld
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Re: Moed Katan 028: Chasan sitting at the head

The Kollel replied:
The source for the rule of Chasan Domeh l'Melech is a Midrash (Pirkei
d'Rebbi Eliezer). It 
is not mentioned in the Gemara.

Joel Schnur [EMAIL PROTECTED] adds:
Your mentioning of choson dome l'melech affords me the opportunity to
share with your readership a mistaken impression that the olam may have in
regard to the inyan of people standing when the choson comes down the aisle.
Many think/say that it is because of choson dome l'melech that they are
getting up yet they should be aware that Rav Moshe Feinstein never stood
because he used to say, doi-meh (L)melech NOT (Ki)melech. (Watch his sons
or talmidim muvhakim at the next chasuhah.)

Reb Yaakov Kamenetsky stood but for a totally different reason. The question
of L'melech or K'melech never entered into consideration as the choson is
not a true choson until AFTER the chuppah. Reb Yankev stood purely because
of the mishna in Bikurim, perek gimmel, mishnah gimmel, that discusses the
bringing of bikurim and the rule of standing lif-nai oisei mitzva and
since the choson is entering into a chupah which will enable him to be
mekayeim the mitzvah of pe'ru u'revu, we stand. The Rav expands on this and
brings down the inyan of standing for nosei mais and ma'vee tinok l'bris. We
are therefore not standing for the mais or the kvatter, which is a mistaken
impression, but for the people involved in doing the mitzva, the oisei
mitzvah. As to why we don't stand for everyone doing a mitzvah, it's for a
miztvah that is mei-kama zman l'zman, not a regular occurrence (see nosei
kalim).

The question remains as to a justification for why people stand for the
kallah since she is not K' malka (see rav Moshe and Reb Yaakov above) and is
patur from mitzvas peru u'revu. Rav Avraham Kamentsky, Rav Yaakov's son,
told me that one can say that since the choson cannot be mekayeim the
mitzvah without her, she has a chelek in the mitzvah and thus qualifies for
lif-nai oisei mitzvah. He also said that his late father used to say that
the best thing you can do for someone is to provide them with a new thought
that takes them to a new/higher derech. In the Rosh Yeshiva's zehus, may we
be zocheh.

Kol Tuv and keep up the wonderful work of being marbitz Torah l'rabim.

Joel Schnur

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Menachos 049: Precedence of Mitzvos

2003-12-24 Thread Mordecai Kornfeld
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Menachos 049: Precedence of Mitzvos
 
Yeshayahu haKohen Hollander asked:

Dear Rabbi,
how can the Gemara suggest that the question of Rabbi Hiyya bar Avin applies
to the dilemma of who takes precedence: today's Mussaf or tomorrow's Tamid?
In this case the rule Ein Maavirin Al HaMitsvoth and Mitsva Habaa Leyadcha
al Tahmitsena should apply, and of course we should do the Mussaf!

Bye the way - what is the difference between these two rules?

thank you -
Yeshayahu haKohen Hollander

-- 
The Kollel replies: 

Mitzvah ha'Ba'ah lYadcha Al Tachmitzenah is a requirement for Zerizus,
and says nothing about precedence. Ein Ma'avirin Al ha'Mitzvos is said
where both will eventually be done, but the question is which should be
done first. However, when only one can be done, we must deal with which
Mitzvah has precedence.

D. Zupnik

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Menachos 034: Torah written on parchment

2003-12-23 Thread Mordecai Kornfeld
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Menachos 034: Torah written on parchment 

Levi asked: 

In Menachos daf lamed daled amud alef, the gemara right before the 2 dots 
asks, why do i need the gezeirah shava from sefer torah once i have a 
passuk that says uchesav'tam which implies it must be written on 
parchment. couldn;t the gemara have answered that i need it to tell u that 
it has to be written with diyo? and maybe that it has to be written on 
actual klaf, and not duchsustus? 
 
Levi, Brooklyn NY 
-- 
The Kollel replies: 

When the Gemara asks, Why do we need the Gezeirah Shavah, it is not a
question on the Gezeirah Shavah, but rather a question on the Beraisa that
gives this Gezeirah Shavah as a source for the Halachah that it must be
written on Klaf and not on the stone. We definitely need the Gezeirah
Shavah for other Halachos.

D. Zupnik

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Menachot 073a: Dividing the Korbanos equally

2003-12-18 Thread Mordecai Kornfeld
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Menachot 073a: Dividing the Korbanos equally
[EMAIL PROTECTED] asked:

We learn that all the Korbanot had to be divided by the entire Beit Av of
Cohanim of that day.  That the Cohanim could not tell each other you take
the Meat , while I take the Bird, while he takes the Bread, etc...  Even to
the point where one Cohen could not take this bread, while the other Cohen
takes the Bread of another Korban, even if it's the exact same Bread.

Rather every Korban had to be divided among all the Cohanim. What this
means, there had to been a person who would cut up every Korban into little
pieces so that everyone gets a piece ( a small piece I might add ), acc. to
this , it will turn out that the Cohanim ate everything in small bite size
pieces, finger food. ( Now I personally like bite size pieces - It reminds
me of Chinese ) I have a hard time to believe this to be true.  Can you
Imagine that a Cohen would not be able to get a good size Steak in the Beis
Hamekdash .

I would like to suggest that there was a cafeteria in the Beis Hamekdash.
Where all the Korbanot of the Day went to, and a Chef ( a Cohen , of course
) prepared all the food for everyone.  All the food belonged to everyone
equally, and all the Cohanim of that shift ate there that day, so that
nothing had to be cut into small pieces.  And this is considered as if it
belonged to everyone.  That way a Cohen could have a decent size steak if
he wanted ( I am also sure they had a stand for Chinese as well, except no
vegetables or rice - the sauce I am sure they could bring from home, as per
Zevachim 90 B - Mishna ) Is any of this true ?? or is there any reference
to this ?? 

Dr. Katz
-
The Kollel replies:

The Gemara implies that each and every Minchah that was brought was divided
among the entire 50 or 100 Kohanim that served that day, by the Rosh Beis
Av (or his secretary). Each Kohen in the Mikdash was then given his portion
at the end of the day. Tosfos discusses whether the portions were actually
measured or estimated.

This method of dividing is evident from the Rambam as well (Ma'aseh
ha'Korbanos 10:15). The Rambam suggests that the Torah found it necessary
to emphasize once again by Minchas Soles that the Minchah is to be split
among each and every Kohen, since one would think that a handful of Soles
is useless (unlike a Kezayis of baked bread), and there is no point in
dividing a single Minchas Soles among all the Kohanim. The Torah tells us
that nevertheless, each Kohen is given his handful of Soles.

I am not sure whether this applies to hides of Olos as well. It would seem
wasteful to cut up a whole hide, and would make it nearly worthless. From
the Rambam (ibid. 10:14, 16) it might be inferred that the hides were in
fact not divided in this manner.

Be well,
Mordecai Kornfeld

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Menachos 024: Touching a Midras

2003-12-15 Thread Mordecai Kornfeld
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Menachos 024: Touching a Midras

Barry Epstein asked:

The Gemara says that if one made a tamei sheet into a curtain, it is tahor
from tumas midras but tamei from touching a midras.  Since when can
something make itself tamei?

Barry Epstein, Dallas, USA
--
The Kollel replies:

The Acharonim discuss whether it actually makes itself Tamei (and thus
there may be a problem of Maga Beis ha'Setarim, touching in a hidden,
covered place), or whether the more severe Tum'ah contains within it the
lesser Tum'ah.

D. Zupnik

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New links

2003-11-20 Thread Mordecai Kornfeld
New Dafyomi links on the D.A.F. site:

http://www.dafyomi.co.il/menachos/techeles.htm - Special Techeles section
http://www.dafyomi.co.il/rmeirshapiro-yahrzeit5764.htm - Special Rav Meir
Shapiro Yahrzeit section

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Re: Kidushin 005: THE ''SOFEK'' ''KIDUSHIN''

2003-11-19 Thread Mordecai Kornfeld
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Re: Menachos 030b: Plowing with its mother
A. Glatt [EMAIL PROTECTED] had asked:

I can not understand the shita (number 3) on daf 30b regarding the words 
that the shita inserts: vechoresh im imo - how can a ben pekuah plow 
with its mother? Is this a misprint? What is pshat? 
--

Yeshayahu HaKohen Hollander [EMAIL PROTECTED] writes:

Dear Rabbi Kornfeld:
I believe a Ben Pakua can plough with its mother - since the rule of Ben
Pakua is inherited: If a female calf is Ben Pakua, and - after maturity -
she has a calf- a male calf, in this case, then he can plough with his
mother - both being 'Ben Pakua'

Yeshayahu HaKohen Hollander 

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Etz Yosef

2003-11-16 Thread Mordecai Kornfeld
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Etz Yosef

hg schild [EMAIL PROTECTED] asked:

Who is the Etz Yosef on Eyin Yaakov, Midrash Rabbah etc.
When did he live and who was his teacher? what group?

hg schild, spring valley , ny
--
The Kollel replies:

Rav Chanoch Zundel b'Rav Yosef, of Bialostok, who lived in Prussia
(Poland/Germany) in the early 1800's. He first printed the Etz Yosef and
Anaf Yosef on the Midrashim in 1829. I suppose he must have been a
contemporary of the Chasam Sofer and Bnai Yisaschar. 

He wrote a Hesped for Rav Aryeh Leib Katzenelenbogen of Brisk (d. 1837,
brother of Rav Shaul Katzlenelenbogen of Vilna, whose Hagahos appear in the
back of the Vilna Shas), so he may have been a Talmid of his.

M. Kornfeld

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Menachos 030b: Plowing with its mother

2003-11-16 Thread Mordecai Kornfeld
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Menachos 030b: Plowing with its mother
A Glatt [EMAIL PROTECTED] asked:

I can not understand the shita (number 3) on daf 30b regarding the words 
that the shita inserts: vechoresh im imo - how can a ben pekuah plow 
with its mother? Is this a misprint? What is pshat? 

Thank you.
--
The Kollel replies:

You appear to be correct; if the mother was slaughtered she cannot be
plowing. I suppose it ought to say v'Choresh Im *Aviv*. Male bulls were
probably used for Charishah more often than female cows in either case.

I could not verify the Girsa change or find a matching Girsa in either
Chulin 74b (or Mishnayos Chulin) or here, though. The Dikdukei Sofrim cites
the Shitah in a footnote, quoting it as it appears in our Gemara.


M. Kornfeld

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Menachos 033: Placing a Sefer Torah in a diagonal position

2003-11-12 Thread Mordecai Kornfeld
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Menachos 033: Placing a Sefer Torah in a diagonal position

A. FREILICH asked:

WE LEARNT AN ARGUMENT BETWEEN RASHI AND TOSFOS WHICH IS MORE KAVOD FOR A
SEFER TORAH.STANDING POSITION OR LYING DOWN. IS THERE ANY INYAN TO PLACE A
SEFER TORAH IN A HORIZONTAL POSITION IN THE ARON HAKODESH TO SATISFY BOTH
VIEWS?

A. FREILICH, BROOKLYN  , U.S.A.
--
The Kollel replies:

You are asking whether the Sefer Torah needs to be placed in a diagonal
position.

See the BACH in Yoreh De'ah 289:10 (end) who writes that one should lean
the Sefer Torah. This is the Minhag in Belz (Where the Bach was the Rav),

D. Zupnik
---
In practice, it is not really possible to put the Ashkenazi Sefer Torah in
a direct standing position, without leaning it against a wall (unless a
special Torah-stand is built, which I assume is rather rare). The Sefardi
Torah, on the other hand, does stand. But since the Sefardim rule like
Rashi with regard to Mezuzah, their practice is consistent with their rulings.

M. Kornfeld

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Menachos 034: The cover of a Mezuzah

2003-11-12 Thread Mordecai Kornfeld
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Menachos 034: Mezuzah, Rabeinu Tam Tefilin

Shabtai Nacson [EMAIL PROTECTED] asked:

(a)Why the casing of the Mezusah is not considered chasisah between the
parchement and the door-post? 
(b)Why Rabenu Tam ask the Soferim at his time on the order of the
parchement? Was everyone had Rashi Tefilin before Rabenu Tam instituting
the change??


Shabtai Nacson, Toronto,Canada
--
The Kollel replies:

(a) The Pischei Teshuvah (Yoreh De'ah 289:2) records the Minhag of the
Vilna Ga'on not to wrap the Mezuzah, due to the concern for Chatzitzah.
However, the Maharam Shik (Yoreh De'ah 288) offers explanations for our
Minhag to place the Mezuzah in a casing. One of his explanations is the
rationale that whatever is used for protection is not considered a
Chatzitzah, and is Batel to the Mezuzah.

(b) The two Minhagim regarding the order of the Tefilin predates Rashi and
Rabeinu Tam by hundreds of years (see Tosfos), and is alluded to in the
Zohar. (Apparently both were used in different communities, at the time of
Rabeinu Tam and Rashi -MK)

D. Zupnik


It is true that it has been said in the name of the Vilna Ga'on not to wrap
the Mezuzah -- and that some Briskers nowadays simply nail it in place
under a piece of parchment, to satisfy this opinion. However, the ARUCH
HA'SHULCHAN (Siman 289) and CHAZON ISH both write that whoever cited the
Ga'on on this matter, must have misunderstood what the Ga'on said. He
cannot have written that it is a Chatzitzah which disqualifies the Mezuzah,
since the Gemara (Bava Metzia top of 102a) says that it may be placed
inside a bamboo tube. The Chayei Adam (a close disciple and relative of the
Ga'on) also seems to be of the opinion that a Mezuzah may be wrapped, since
he discusses (in Hilchos Tzeniyus) double wrapping the Mezuzah.

One might argue that the Vilna Ga'on only opposed a wrapper that is not
secured to the wall of the house, such as a plastic bag (or piece of
leather). The bamboo tube was nailed to the wall, so it was not considered
a Chatzitzah, but rather part of the wall itself. Others point out,
however, that if this argument is true, it would be necessary to *first*
secure the tube to the wall, and only then to insert the Mezuzah, in order
to avoid the problem of Ta'aseh v'Lo Min he'Asuy.

M. Kornfeld, based on a discussion with Rav Eliyahu Feldman

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Menachos 033: Mezuzos on Doorways Used Infrequently

2003-11-12 Thread Mordecai Kornfeld
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Menachos 033: Mezuzos on Doorways Used Infrequently

Aharon Levine [EMAIL PROTECTED] asked:

Rashi on Menachos 33a explains the gemara's rule B'Mezuza halach achar
haragil to apply to any room with multiple doors and implies that it is
necessary to affix a mezuza to only the doorway that is used most
frequently.  Is Rashi's opinion a da'as yachid?  I thought that any doorway
to a regular room, even if used infrequently, requires a mezuza unless it
has been boarded up in a permanent manner.  Are there other Rishonim that
learn this rule applying to the case of a Bais HaMedrash alone?

Aharon Levine, Baltimore, MD.   USA
--
The Kollel replies:

The SHULCHAN ARUCH (YD 286:18) writes that a Mezuzah must be affixed to the
second door to a house, even if one generally uses another door. However,
the REMA adds, citing MAHARIL, mentions that if a storehouse has, besides
its normal entrance from the house, another entrance from the street,
through which large barrels are periodically brought to the storehouse, the
entrance to the street doesn't need a Mezuzah -- apparently because of our
Gemara about Ragil.

Apparently, a doorway qualifies as not Ragil only if it is *not used at
all* most of the year. In the case of the Shulchan Aruch, presumably the
doorway through which large barrels were brought was used only at the time
of the harvest, when new barrels were filled, but not during the rest of
the year.

M. Kornfeld, based on discussions with Rabbi Eliyahu Feldman

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Menachos 033: Placement of the Mezuzah (question 2)

2003-11-12 Thread Mordecai Kornfeld
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Menachos 033: Placement of the Mezuzah (question 2)
Dr. Katz [EMAIL PROTECTED] asked:

2 - 33B - the Mezuzah should be placed on the outermost Tefach of the
doorway facing the public. Most of our homes in Israel, have a stone
entrance way ( Chalall ), which is a Tzurat Hapetach, and placed into the
stone entrance way we have our door with it's door frame( aluminum )
recessed into it , towards the inner part of our house.  Most of us place
our Mezuzot on the door frame of the door, the aluminum part, which is
about 2 Tefachim inside from the stone entrance way.  ( lets face it, it is
much easier to attach it to the door frame that to stone ). Is this the
proper place / or should we ideally have our Mezuzot in the stone part of
the entrance way, closer to the public ??

Thank You, for your help in advance,
Shmuel  Katz
--
The Kollel replies:

You are assuming that the stone entranceway to which the doorframe is
attached is considered to be part of the doorway, and that it is
appropriate to hang the Mezuzah there. Let us first discuss this point.

(a) Rav Shlomo Zalman Auerbach has been quoted (by Rav Stern, in his
pictorial Hilchos Mezuzah book) as saying that the Mezuzah should not be
placed in the stone entranceway, but on the doorframe itself. The Sefer
Chovas ha'Dar cites Rav Jungreis as saying that as well. Why should they
not consider the stone entranceway to be part of the doorway? After all,
when one exits the house, he passes between the walls of the stone
entranceway, so they would seem to be the Mezuzos ha'Bayis, i.e. part of
the doorway.

One way of looking at this might be that the since a person the doorframe
itself is made of another material from the stone, they are considered two
different entities. 

This still does not explain why the stone is itself not a valid doorway, to
which a Mezuzah can be affixed. Let us simply ignore the doorframe, and
hang the Mezuzah in the stone entranceway! Rav Chayim Kanievsky, though,
defends this opinion by citing a Ritva (see Ritva Eruvin 11a, Kidushin
32b), who writes that a doorway that does not have a doorframe is not
considered a doorway with regard to Mezuzah. 

However, the opinion of the Ritva is not cited by the Poskim.

(b) Another reason why it might be suggested that the Mezuzah must be
placed on the frame, is based on another form of logic. Indeed, the
doorframe and the stone entranceway are considered a single entity.
However, the space through which a person must pass on his way out of the
house, is the narrower space which is bounded by the doorframe. The rest of
the entranceway is blocked for exit. Perhaps the Mezuzah must be within a
Tefach of that open gateway. Therefore, if the walls of the stone
entranceway are set back from (i.e. broader than) the doorframe by more
than a Tefach on each side, the Mezuzah placed there will not be within a
Tefach of the doorway.

However, the Acharonim point out that none of the reasons given by the
Rishonim for having the Mezuzah within a Tefach of the doorway would apply
in this case, since the Mezuzah is still affixed to the side of the
doorway. Therefore, it should be permitted to place the Mezuzah on the
stone entranceway even if it is much wider than the actual doorway itself.
Proofs to this ruling have been brought from the Derech ha'Chayim and others.

If so, your conclusion seems to be correct.

M. Kornfeld, based on discussions with Rabbi Eliyahu Feldman

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Menachos 033: Placement of the Mezuzah (question 4)

2003-11-12 Thread Mordecai Kornfeld
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Menachos 033: Placement of the Mezuzah (question 4)
Dr. Katz [EMAIL PROTECTED] asked:

4 - a Marpeset or backyard , which has no way of getting there from the
outside.  The only way to get there is from the inside of the house, which
side do you put the Mezuzah on ? and if you change it to the other side do
you make a Bracha ?

Sorry for all the Questions, as I said, I have found this gemarah quite
complex. 

Thank You, for your help in advance,
Shmuel  Katz
---
The Kollel replies:

(a) Let us first deal with the possibility that a Mezuzah must be affixed
to the right as one enters the yard or open Mirpeset. We know from the
Gemara (bottom of 33b, about the Ginah and Kitonis) that an entrance to a
Ginah does *not* require a Mezuzah. (This is the Halachic conclusion.) If
so, it would seem evident that if the doorway is leading from the house to
the yard or Mirpeset, no Mezuzah at all should be required.

However, the Rema cites a MAHARIL who rules that one must affix a Mezuzah
by the entrance to *a* *Chatzer*. It is different from a Ginah, the
Acharonim explain, since it is used the same way as a house.

Nevertheless, it would seem obvious that nowadays, we do not use the yard
or Mirpeset the same way as we use the house. People generally use them
only to relax in the sun, or hang laundry, but not to live in. Therefore
we may conclude that if the doorway is considered to be leading *to* the
yard or Mirpeset, no Mezuzah at all is required.

(b) Can the doorway be considered to be leading the other way, i.e. from
the yard or Mirpeset to the house, if there is no way to enter the yard or
Mirpeset without first going through the house?

The BEIS MEIR and CHAZON ISH cite our Gemara (bottom of 33b) which says
that one who goes from the Ginah to the Kitonis must place a Mezuzah by the
entrance to the Kitonis, as proof that even a closed garden can be
considered to be leading into the house. (That is, they assume that the
garden in this Gemara was a closed one.) They therefore writes that a
Mezuzah should be placed on the right side as one enters from the yard or
Mirpeset into the house.

However, if one takes a look in the NEMUKEI YOSEF, he will find that when
the Nimukei Yosef drew a diagram to explain our Sugya, he put in some
*extra* doors - he was careful to add doors *into* the garden and Beis
Sha'ar (presumably from Reshus ha'Rabim), and not only *from* them towards
the house! If so, it may be concluded that if there is *no* other entrance
to the garden other than through the house, no Mezuzah at all is required.

If one wants to be Machmir, he should put the Mezuzah on the right as one
enters from the yard or Mirpeset to the house, as mentioned above.

M. Kornfeld, based on discussions with Rabbi Eliyahu Feldman

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Menachos 033: Placement of the Mezuzah (question 3)

2003-11-12 Thread Mordecai Kornfeld
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Menachos 033: Placement of the Mezuzah
Dr. Katz [EMAIL PROTECTED] asked:

3 - If your entrance to your house has a metal door followed by a small
hallway ( less than 4 x 4 Amot ) than the main door to your house.  Which
door should get the Mezuzah, or both ?

Thank You, for your help in advance,
Shmuel  Katz
---
The Kollel replies:

Logic would seem to dictate that the two doors comprise a single
entranceway, and only one Mezuzah is required, on the outer door. 

However, Rav Nisim Karelitz  asserts that if the space between the two
doors is more than four Tefachim, the inner door can be considered a
separate door, bounding a small room of four Tefachim by four Tefachim.
(Walls bounding *less* than four Tefachim are not considered Mechitzos,
and therefore they are not considered to be bounding a separate little hall.) 

Such a small room would normally not be Chayav bi'Mezuzah, since it is not
four Amos by four Amos. However, there are Poskim who say that a Beis
Sha'ar is obligated in Mezuzah even if it is less than four Amos by four
Amos, since it is made to serve a different purpose than a room inside of a
house. The same can be said about this small room, by the entranceway.
Therefore, in such a case the Mezuzah is affixed without a Berachah.

M. Kornfeld, based on discussions with Rabbi Eliyahu Feldman

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Menachos 028: Ribuy Miut Ribuy or Klal Perat u'Klal

2003-11-05 Thread Mordecai Kornfeld
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Menachos 028: Ribuy Miut Ribuy or Klal Perat u'Klal

Gary Schreiber [EMAIL PROTECTED] asked:

The gemara notes a machlokes between Rebbi and R' Yosi BR Yehudah regarding 
the  materials appropriate for the menora (and by extension other kli 
shares). The essence of the machlokes  revolves around how  similar  the 
analogy resulting from a  ribui-miut-vribui vs. klall-prat-klall is. As I 
understand it a ribui-miut-ribui is more inclusive but does exclude things 
which are far afield. In this instance kli cheres is excluded but  etz is OK.

What disturbs me is I lack an understanding of the paramaters which  are 
used to define the categtory. ie why say cheres is excluded, perhaps it 
should be included and only something like kli glalim is meant to be 
excluded. How does one  know where to draw the line? (I suspect one can 
ask a similar question re  klal uprat) To answer that there is a mesora as 
to what is included or excluded doesn't seem acceptable as  my understanding 
of these drashos is that one need not have a specific mesora to make a limud 
of this sort.

Gary Schreiber, Chicago
--
The Kollel replies:

Gary,

You are asking a general question on the rule of Klal Perat u'Kelal as well
as a specific question on this Sugya.

(a) To answer your general question, I found and important Tosfos in Eruvin
(15b DH Mah), which touches on this point. He explains that the Klal Perat
u'Kelal written with regard to a Get is explained as excluding a living
being or food from being used; the Klal Perat u'Kelal of Ma'aser Sheni
teaches that it must be an item that multiplies and grows from the gournd,
and with regard to Chagigah we exclude what is Mekabel Tum'ah and does not
grow from the ground. Why didn't we use the same criteria in all three
cases (since they would seem to apply by all of them)?

Tosfos answers that it all depends on what the chachamim saw fit, as the
case may be. That is, the Torah relies on us to use logic to explain every
single Mi'ut or Ribuy in the Torah. When it comes to Klal Perat u'Kelal, it
is necessary to define *logical* paramaters for what kind of thing ought to
limit the Halachah under discussion, and only after that to decide how much
to limit the Halachah, based on the 13 Midos. 

In our case, that means that Chachamim decided that there are three
categories: wood, metal, and precious metals.

(b) As for your specific question on our Sugya (why isn't Kli Gelalim a
fourth category), perhaps the answer is what we say in Pitum ha'Ketores
(Krisus 6a); urine was not allowed in the Mikdash out of respect. Since the
same applies to excrement, it is not necessary for a verse to exclude using
it for Klei Shares.

Best wishes,
M. Kornfeld

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Menachos 029: No more Zahav Sagur

2003-11-05 Thread Mordecai Kornfeld
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Menachos 029: No more Zahav Sagur
J. Hollander [EMAIL PROTECTED] asked:

Dear Rabbi,

Rabbi Ami says that in making the menora - all of the 'Zahav Sagur' of
Shlomo was expended. The Gemara asks from Melachim I, 10,21, in which it
says that King Shlomo's drinking vessels were gold, and the 'Kelim' of
'Beit Yaar Halevanon' were of 'Zahav Sagur'.

The building of Beit Yaar Halevanon is described in Melachim I, 7 [verse 2
ff.] in detail. The classic commentators there all agree, according to
Targum Yehonatan, that this is a palace of Shlomo, ostensibly built in a
forest incalled Levanon.

Clearly the fact that Shlomo had gold in Beit Yaar Halevanon raises a
challenge to Rabbi Ami's statement, and the answer was that Rabbi Ami said
only that in making the menora all of the 'Zahav Sagur' was expended. It
would seem that the person who questioned Rabbi Ami's statement had not
heard that Rabbi Ami used the word 'Sagur'.

However - the answer that Rabbi Ami was relating only to 'Zahav Sagur' is
untenable: the pasuk says explicitely that the 'Kelim' of 'Beit Yaar
Halevanon' were of 'Zahav Sagur' - thus the challenge to Rabbi Ami's
statement remains?

If, on the other hand, we take the understanding of the Gemara - as is
common in Piyutim - that 'Beit Yaar Halevanon' is Beis Hamikdash - we could
say that the question is from the fact that the drinking vessles of Shlomo
were gold, and the retort is that Rabbi Ami explicitely said 'Zahav Sagur'
which was in 'Beit Yaar Halevanon' - the Beit Hamikdash.

If that is the understanding of the Gemara of 'Beit Yaar Halevanon' - is it
not strange that Rashi ignores this understanding in his commentary on the
Tanach? 

Behatzlachah,
Yeshayahu HaKohen Hollander
---
The Kollel replies:

SHITAH MEKUBETZES #3 (and Dikdukei Sofrim, and Rashi etc.) are not Gores
the beginning of the verse, which discusses the vessels of the Beis Ya'ar
ha'Levanon. 

The question of the Gemara is *not* that Shlomo should not have had any
Zahav Sagur left for Beis Ya'ar ha'Levanon. It is possible that he built it
*before* he ran out of Zahav Sagur. Rather, the question is that the verse
indicates Shlomo remained rich throughout his reign, and he did not use all
of his gold on the Menoros, since it concludes that *throughout* Shlomo's
days silver was worthless (due to the large quantity of gold available; see
Chidushei Rashba). The Gemara answers that indeed much gold remained; only
the Zahav Sagur was depleted.

(Even according to our Girsa, the Gemara must be explained in the same manner.)

M. Kornfeld

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Sanhedrin 108a: b'Dorosav

2003-11-05 Thread Mordecai Kornfeld
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Sanhedrin 108a: b'Dorosav
Stuart Plaskow [EMAIL PROTECTED] asked:

Dear Rabbi Kornfeld,
Could you please explain to me why Rashi reverses the original order, of the 
discussion in Sanhedrin 108a, re. BDOROSOV   Brayshis ch. 6 verse 9. 
(gemorra order LIGNYE --SHVACHRashi's order SHVACHLIGNYE)

Best Wishes Stuart

The Kollel replies:

The Gemara cites Rebbi Yochanan (who explained l'Genai) before Reish Lakish
(who explained l'Shevach) because he is older, and he is always cited
first. Rashi does not mention names, so he begins with Shevach, so as not
to begin with Genai.

Mordecai Kornfeld

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Sukah 034b: Targum on the Four Minim

2003-10-10 Thread Mordecai Kornfeld
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Sukah 034b: Targum on the Four Minim
Stuart Plaskow [EMAIL PROTECTED] asked:

Dear Rabbi Kornfeld, 

In Sefer Vayikra. Ch.23 Verse 40. I find the Onkelus commentary
problematic, as he appears to use the word esrog,and lulav in the PLURAL.
Am I mistaken in understanding the grammar? 

Gmar Chatima Tova, 
Stuart Plaskow
--
The Kollel replies:

Stuart,

You are raising a very interesting point, and in fact the Ramban on the
verse discusses your question. 

The first thing that comes to mind is that the Targum might be alluding to
the Gemara (Sukah 41a) that derives from the word u'Lekachtem that each
and every Jew must take the four Minim -- it is not sufficient for a single
set to be taken by the Beis Din (see Tosfos Menachos 27a DH u'Lekachtem).
By using the plural form, the Targum implies that many sets are taken by
many people, rather than a single set which is taken by one person. This
seems to be the intention of the Ramban there as well.

But I think that there is more to it than that. You are touching on one of
the basic grammatical differences between Lashon ha'Kodesh and Aramaic. In
Lashon ha'Kodesh , the singular noun is often used to represent not just a
single object but an entire species (see Midrash Bereishis Raba 75:6,
Temurah 9a). Thus, instead of a citron fruit, Pri Etz Hadar could mean
the citron fruit. Examples of this abound, see for instance, Bereishis
32:6 (Shor va'Chamor), Bamidbar 15:38 (Tzitzis) Devarim 25:15 (Even...
Eifah). Aramaic has no such usage of the singular noun; thus in all of
these cases the Targum uses the plural in his translation.

Here, too, the Targum understood that the four items mentioned in the Pasuk
refer to the species and not to the object (perhaps because many of each
item were taken by Klal Yisrael, as we mentioned above). Therefore it
translated them in the plural.

One may ask that if this is true, why did the Pasuk describe the Lulav and
Aravah with the plural nouns? They should also be written in singular,
referring to the entire species. (This question, by the way, may also be
asked on the opinion that maintains that we take on one of each of the four
Minim, see Sukah 34b and Gemara there.) The answer might be that any of a
number of *species* of palms and willows may be used for the Mitzvah, so
even the species must be mentioned in plural form. (I wonder if this is an
allusion that even the Canary Island Lulavim and weeping willows are
acceptable for the Mitzvah.)

Perhaps a more plausible answer to this last question is that Kapos
Temarim *is* singlular. Kapos means bunched together, (like the Aramaic
Kafus). Arvei Nachal may also be singular (as opposed to Arvos Nachal).
Perhaps someone who knows Hebrew grammar better than I can offer his
suggestions about this.

Chag Same'ach,
Mordecai Kornfeld

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Zevachim 082: Vessels used for Kodshim Kalim

2003-09-25 Thread Mordecai Kornfeld
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Zevachim 082: Vessels used for Kodshim Kalim

Rob Shorr asked:

On the subject of purging and washing and whether this applies to kaelim
used for kodesh kodshim AND kodeshim kalim or just the former: How can we
hold the latter opiniion given noser that would occur?I understand of
course the inyan of nosan tam lifgam for issur and heter but if we apply
this to kodeshim kalim why not kodesh kedoshim also? Do you we hold that
the noser left over in the pot is ain bo mamash?

--
The Kollel replies:

See Avodah Zarah 76a where the Amora'im discuss this question. The
conclusion of Rav Ashi is that in the case of Kodesh, it is Heterah Bala
(it absorbed Heter), for it was not yet Nosar at the time it was absorbed.
Ramban writes that it does not become Nosar as a Beli'ah. Rashi writes that
it is Nosar, but we are lenient and permit Hag'alah alone.

The law of a Chatas is a Chumra of the Torah. Rashi in Avodah Zarah
compares it to the Chiyuv of Kibus. See Kereisi (#93) who says that the
Chumra is to consider it as Isura Bala, as if it absorbed Isur.

D. Zupnik

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Zevachim 097: Bitul b'Shishi for Kodshim that touches other meat

2003-09-21 Thread Mordecai Kornfeld
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Zevachim 097: Bitul b'Shishi for Kodshim that touches other meat

Shabtai Nacson asked:

A hekdesh korban touching another one, why should the contact be considered
bitul beshishi since it is not distinguished by taste (same meat).

Shabtai Nacson, Toronto
--
The Kollel replies:

From the words of Tosfos in Chulin 98b, it seems that there is a special
Halachah by Kodshim that even the same taste is not Batel, which we learn
from Chatas and Zero'a Besheilah, but this Halachah applies only to a
significant taste (Ta'am Gamur), which is 1/60 or more.

D. Zupnik

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Re: Zevachim 074a: An Isur that falls into the Yam ha'Gadol

2003-08-28 Thread Mordecai Kornfeld
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Re: Zevachim 074a: An Isur that falls into the Yam ha'Gadol

 Raphael Goldmeier [EMAIL PROTECTED] asked:
The gemara in todays daf uses Yam Hagadol as the example of getting rid of
the issur. Other times the gemara uses Yam Hamelach. Is there a difference
between the 2? Is each one used only in certain instances?
At one point the gemara mentions Yam Hamelach and then the shita switches
the girsa to Yam Hagadol? Is there a difference?


-
 The Kollel replied:
I could not find any examples in which the Mishnah or Beraisa suggest that
one discard an Isur into the Yam ha'Gadol to destroy it permanently. The
Gemara always mentions Yam ha'Melach (and not Yam ha'Gadol) when
describing where one is supposed to eliminate prohibited objects.

In our Gemara, however, the Gemara is not telling us what one is *supposed*
to do with a prohibited object. Rather, it is giving a commonplace example
of where a prohibited object will most likely become permanently lost. If
an object falls into an unknown location in the Yam ha'Gadol, it certainly
is not expected to become available for use again in the future. (The
SHITAH MEKUBETZES changes the Girsa from Yam ha'Melach to Yam ha'Gadol for
the sake of consistency throughout the Sugya.) On the other hand, since
there *is* a possibility that the object will later be retrieved by a
person who will not be aware of its prohibited status, the Mishnah and
Beraisa never *advise* us to rid ourselves of such an object in the Yam
ha'Gadol. Rather, one should throw it into the Yam *ha'Melach*. There, no
tides or waves will wash it to the shore, no pearl-divers will accidentally
chance upon it, and after a number of years the object will be totally
eaten away by the salt on the sea bottom.

We ought to point out, though, that there are times when the Mishnah or
Beraisa advises us to throw a prohibited object into a *river*. [See
Insights to Bechoros 53 where we wrote about this, including a
reference to your question of disposing of Isurim in the Yam ha'Gadol.]


-
Mark Bergman comments:

The Kollel said:
 The SHITAH MEKUBETZES changes the Girsa from Yam ha'Melach to Yam ha'Gadol

It was suggested in our Shiur that barrels of liquid would float in the Yam
HaMelach but not in the Yam HaGadol, hence the change in Girsa!

Kol Tuv
Mark Bergman

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Zevachim 074a: An Isur that falls into the Yam ha'Gadol

2003-08-27 Thread Mordecai Kornfeld
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Zevachim 074a: An Isur that falls into the Yam ha'Gadol
Raphael Goldmeier [EMAIL PROTECTED] asked:

Dear Kollel,
The gemara in todays daf uses Yam Hagadol as the example of getting rid of
the issur. Other times the gemara uses Yam Hamelach. Is there a difference
between the 2? Is each one used only in certain instances?

At one point the gemara mentions Yam Hamelach and then the shita switches
the girsa to Yam Hagadol? Is there a difference?
 
Thanks
Raphael Goldmeier
--
The Kollel replies:

I could not find any examples in which the Mishnah or Beraisa suggest that
one discard an Isur into the Yam ha'Gadol to destroy it permanently. The
Gemara always mentions Yam ha'Melach (and not Yam ha'Gadol) when
describing where one is supposed to eliminate prohibited objects.

In our Gemara, however, the Gemara is not telling us what one is *supposed*
to do with a prohibited object. Rather, it is giving a commonplace example
of where a prohibited object will most likely become permanently lost. If
an object falls into an unknown location in the Yam ha'Gadol, it certainly
is not expected to become available for use again in the future. (The
SHITAH MEKUBETZES changes the Girsa from Yam ha'Melach to Yam ha'Gadol for
the sake of consistency throughout the Sugya.) On the other hand, since
there *is* a possibility that the object will later be retrieved by a
person who will not be aware of its prohibited status, the Mishnah and
Beraisa never *advise* us to rid ourselves of such an object in the Yam
ha'Gadol. Rather, one should throw it into the Yam *ha'Melach*. There, no
tides or waves will wash it to the shore, no pearl-divers will accidentally
chance upon it, and after a number of years the object will be totally
eaten away by the salt on the sea bottom.

We ought to point out, though, that there are times when the Mishnah or
Beraisa advises us to throw a prohibited object into a *river*. I will an
include an Insight that we wrote about this below; you will find there a
reference to your question of disposing of Isurim in the Yam ha'Gadol as well.

Best wishes,
M. Kornfeld
Kollel Iyun Hadaf

===
Bechoros 53

1) THE SALTY SEA
QUESTION: The Gemara tells us that what is Asur b'Hana'ah must be thrown
into the Yam ha'Melach (salty sea, i.e. the Dead Sea). This implies that
it is not sufficient to discard it in any river. Yet we find elsewhere
(Erchin 29a etc.) that it suffices to throw such items into a river, i.e.
any river! (TOSFOS DH Ma'os)

ANSWER: 
(a) TOSFOS (DH Ma'os) quotes a Gemara in Pesachim (28a) which explains that
one may discard an object that is Asur b'Hana'ah into any river if he first
grinds the object into fine pieces. It is in such a fashion that the Gemara
in Erchin and elsewhere ordered the objects to be thrown into a river.
(b) Hagaon Rav Yakov Kaminetzky (Emes l'Yakov, Parashas Masei) points out
that the RAMBAM (Perush ha'Mishnah to Kelim 15:1; Hil. Tzitzis 2:2) seems
to use the term Yam ha'Melach to refer to the ocean. Since rivers feed
into the ocean (Kohelet 1:7), what is thrown into a river will eventually
reach the ocean. If so, the two Gemaras do not contradict each other after all!

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Zevachim 069: Shechitah of Tereifah

2003-08-23 Thread Mordecai Kornfeld
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Zevachim 069: Shechitah of Tereifah

Gary Schreiber asked:

Is there a seperate din of tumah for treifah or is it the tuma of neveila
that the gemora is referring to? 

Gary Schreiber, chicago IL

--
The Kollel replies:

It is the Tum'ah of Neveilah which applies to Tereifah, if we say that the
Shechitah does not help.

D. Zupnik


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Zevachim 029: Pigul of a Korban Pesach

2003-08-17 Thread Mordecai Kornfeld
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Zevachim 029: Pigul of a Korban Pesach

Gershon Dubin asked:

Would shechting a korban pesach with kavana to eat if BEFORE the zeman,
i.e., immediately, 

be pigul, or only after the zeman?

--
The Kollel replies:

Good question. I would suggest that since the Torah expresses Pigul in
terms of Nosar (see 

Vayikra 7:17-18, and Vayikra 19:6-7), if the thought is not one of Nosar
then there is no 

Isur of Chutz l'Zemano.

D. Zupnik

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Binyan Av

2003-08-14 Thread Mordecai Kornfeld
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Zevachim 051: Binyan Av
Moshe Reinitz [EMAIL PROTECTED] wrote:

This year on rosh chodesh Av, the sugya was about
BINYAN AV   (NOTE: The Binyan Beis Hamkidash of AV!)
And the end was that the Gemorah couldn't FIND THE ANSWER to BINYAN AV. We
don't know!!

May we be zocheh to be oleh to theBayis Hashlee-shee.

Moshe

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Re: Zevachim 028: Unintentional Pigul

2003-08-01 Thread Mordecai Kornfeld
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Re: Zevachim 028: Unintentional Pigul

 C. Taub asked:
As a follow up what bothers me is what happens.  Someone comes from a
distance to bring a Korban he spends time and money and then the cohen
invalidates it.  Even in cases where the korban is accepted.  Since the
cohen changed the intention (even by mistake) does the baal now have to
spend more time and money.  Is there no responsibility on the cohen's
part.

-
 The Kollel replied:
The Mishnah in Gitin 54b states explicitly that Kohanim who willfully made
a Korban become Pigul are liable.

-
Shlomo Amar asks:

that means that inadvertant mistake are a responsibility of the baal; am i
correct?

-
C. Taub asks:

But what if it wasn't intentional.  Who is responsible for the korban
the baal or the cohen.  Logic would say when someone is in a position of
responsibility and this causes at the least financial loss that person is
responsible.  We learned in a recent daf that the gemara sugest that the
cohen not have any intention in mind so as not to cause a problem.  However,
my question is someone brings a korban, i.e.  asham when it gets to the
cohen he says by mistake  ploney brings olah.  what happens.

Chanoch, Efrat
--
The Kollel replies:

Yes, Shlomo, the owner absorbs the loss, and the Kohen is not required to
compensate.
 
Chanoch, the same is true for any damage which is indirect and is a result
of an unintentional act, where the Mazik is not responsible and the Nizak
must bear the loss (in this case, he must bring another Korban). In certain
cases, there may be a responsibility la'Tzes Yedei Shamayim, but Beis Din
cannot force the Kohen to pay.

D. Zupnik

(Again, this discussion demonstrates the great degree of responsibility of
the Kohen, and helps us to appreciate the degree of holiness that the
Kohanim need to nurture, and the degree of skill for which they are trained
for many years prior to serving in the Beis ha'Mikdash. -Y. Shaw)

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Re: Zevachim 028: Unspoken Pigul

2003-08-01 Thread Mordecai Kornfeld
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Re: Zevachim 028: Unspoken Pigul 

 Arnon Kaplan asked:
... The Machshava of the Kohen renders the korban posul. However, if the
Kohen was so unscrupulous to have these machshovas in the first place why
should he reveal his true kavonahs to the participants! [baalim]
In other words how would the baalim ever know if their korban was posul or
not without the Kohen revealing his true kavanah!

-
 The Kollel replied:
Machshavos of Kodashim need to be spoken in order to be effective (see
Insights to Zevachim 2a). Therefore, it is possible that the Kohen's  words
were overheard

-
Arnon Kaplan asks:

Your answer is only true according to Rashi. However most others including
the Rambam do not require Dibur. So the question returns.

--
The Kollel replies:

According to those who do not require Dibur for the thought to render the
Korban invalid, the only way to know that there was an invalidating thought
is if the Kohen admits to having either malicious or unmalicious intent.

D. Zupnik

(We are not concerned that the Kohen will not tell about what he thought,
because if he did it by accident, then he certainly will tell so that the
owner will be able to bring the proper Korban. If he did it willfully, then
he also will certainly tell, because his purpose in disqualifying the
Korban was to cause the owner a loss, as stated by the RASHBAM in Pesachim
121a, DH Mishum. (If you are concerned about the unfairness of a situation
in which a Kohen who is so wicked that he will purposely disqualify a
person's Korban without informing anyone, then this is a concern which
applies to all areas of the Torah and not just to Pigul.) See comments at
the end of the other Daf-Discuss responses on this topic. -Y. Shaw)

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Chulin 066: Kosher birds

2003-04-06 Thread Mordecai Kornfeld
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Chulin 066: Kosher birds

Adam [EMAIL PROTECTED] asked:

how can you tell if a bird is kosher or not

Adam, woodmere,N.Y
--
Rabbi Natan Slifkin replies:

Dear Adam,

The Torah names twenty-four types of birds that are not kosher; all the rest
are kosher. However, we do not know the exact identifications of all the
twenty-four types in the Torah. Furthermore, we don't know the exact
definition of the Torah's type, i.e. how many species it includes.

Therefore, our practice is to only eat birds for which we have a continuous
tradition of their being kosher. There are signs that play a role in
identifying kosher birds - the nature of their stomach, of their crop, the
shape of their beak, the structure of their feet, whether they are predatory
- but it is not universally agreed as to how to apply these, and therefore
we only eat a bird which has a tradition.

I see that you are from NY - if you are interested, I am giving a Torah tour
of the Bronx Zoo on May 4. Details are on my website, www.zootorah.com.

Best wishes,
Rabbi Nosson Slifkin
[EMAIL PROTECTED]

Zoo Torah is a non-profit educational enterprise that offers a series of
books, programs for both adults and children, zoo tours, and South African
safaris, all on the theme of Judaism and the animal kingdom. For more
details and a taste of the experience, see www.zootorah.com. If you would
like to subscribe to a regular ZooTorah essay, please e-mail
[EMAIL PROTECTED]

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Zevach vs. Korban

2003-03-17 Thread Mordecai Kornfeld
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Zevach vs. Korban

Barry Epstein [EMAIL PROTECTED] asked:

What is the difference between a zevach and a korban?  Does the Torah use
different words for the same thing?

Barry Epstein, Dallas, USA
--
The Kollel replies:

Korban is a general term even that includes even an offering of wood upon
the Mizbe'ach. Zevach refers specifically to an animal offering, which is
slaughtered, as opposed to wood or a Minchah or bird offering (Chagigah 7a).

In addition, the word Zevach is often used to signify a Korban Shelamim
which is eaten (see Shemos 18:12).

D. Zupnik

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Amud yomi

2003-03-17 Thread Mordecai Kornfeld
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Amud yomi

nate wiener [EMAIL PROTECTED] asked:

I'd like to get started w/ amud yomi before i try daf. do you know what amud 
yomi is up to currently and where i can find an amud yomi calendar?

thanks and freilichin purim,

nate wiener, teaneck, nj
--
The Kollel replies:

Although your plan is a good one, to the best of my knowledge an
internationally accepted program for the study of an Amud a day has yet to
be proposed. There are numerous local ones, studying whatever the local
Rabbi sets as the curriculum. You will have to inquire about these in your
local synagogue.

If you do not find a Shiur, you might prefer to begin at your own pace,
with a Chavrusa, using our study material to help you along. Or you might
want to begin with Mishnah Yomis, the schedule for which is posted on our
site at http://www.dafyomi.co.il/calendars/yomi/ymi-indx.htm .

Best wishes,
M. Kornfeld
Kollel Iyun Hadaf 

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Re: Kevodo bi'Mekomo Munach

2003-03-11 Thread Mordecai Kornfeld
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Kevodo bi'Mekomo Munach

 mordechai twersky [EMAIL PROTECTED] asked:
What is the origin for the phrase, Kvodo Bimkomo Munach?


-
 The Kollel replied:
See Kidushin 66a, Torah Mah Tehei Aleha? Harei Keruchah u'Munachas b'Keren
Zavis.


-
Yitzchok Zirkind comments:

See Bechoros 30b, Kevod Zaken Yehei Munach bi'Mkomo.

Kol Tuv,
Yitzchok Zirkind 

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Kevodo bi'Mekomo Munach

2003-03-10 Thread Mordecai Kornfeld
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Kevodo bi'Mekomo Munach

mordechai twersky [EMAIL PROTECTED] asked:

What is the origin for the phrase, Kvodo Bimkomo Munach?

Thanks.
mordechai twersky, Jerusalem
--
The Kollel replies:

See Kidushin 66a, Torah Mah Tehei Aleha? Harei Keruchah u'Munachas b'Keren
Zavis.
M. Kornfeld

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Shevuos 038: The justice of Beis Din

2003-03-04 Thread Mordecai Kornfeld
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Shevuos 038: The justice of Beis Din
 
Rafi Goldmeier asked:

Dear Kollel,
 
Rashi on daf 38b says that in our days we no longer take shavuot because
of its great punishment - instead, in court we force an arur in front of
10 people, as a type of shavuah.
 
In practice, when 2 religious Jews (even Rabbis, let's say, who are not
suspect of lieing) go to a Bet Din in a dispute of money matters and they
want to take a shavua, would Bet Din allow them? Would Bet Din have them
take an arur?
 
I have been told that all Bet Din does nowadays is pshara (compromise -
form of arbitration?). In the time of the Aruch Hashulchan (Choshen
Mishpat 87:17-18), it is clear they were still forcing shavuot in money
matters. If this is correct that nowadays Bet Din stopped giving shavuot
because of liers, then there is no real justice in our Batei Din, just
shuda d'daynie. When people go to court, it seems they would want din not
always compromise. This seemingly would cause reluctance in going to Bet
Din to resolve disputes, as the judges are not providing justice! 
 
For example, what would a Bet Din pasken (nowadays) if 2 people came with
a dispute. Reuven claims Shimon owes $100, while Shimon agrees he owes
$50. Would Bet Din make the person give $75? That is not justice? Also, it
might cause people to fabricate claims - Reuven in such a case, knowing
that Bet Din would only award him $75, would instead of claiming $100
rather claim $200 thereby receiving a higher settlement!! How do we see
the justice in bet Din nowadays?

-
The Kollel replies:

Pesharah does not mean a fifty-fifty compromise. Pesharah means that
Beis Din is not obliged to rule in accorance with the absolute Din Torah
for it is not always possible to reach the absolute Halachah in Choshen
Mishpat. When the litigants accept the Pesharah, that means that they
accept to transfer ownership of any money as per the court's ruling.
However, generally they accept Pesharah Karov l'Din, which means that the
Dayanim must base their P'sak on their understanding of what the true
outcome of the Din would be l'Fi Halachah; it is *not* the same as Shuda.

Even in the time of the Gemara, and surely in the time of the Rishonim, the
Beis Din tried to get the people to refrain from making Shevu'os. The
Ashkenazi Batei Din of today do not allow Shevu'os at all, and there is a
formula for the monetary value (%) which each Shevu'ah is worth.

As for fattening the claim, this was always a problem, even when Shevu'os
were allowed to be made, since people generally refrained from swearing,
and thus an unscrupulous litigant would inflate his claim, knowing that his
opponent would probably not make a Shevu'ah. The Gemara is most
unsympathetic to a litigant who uses this tactic.

In general, the Torah gives the Dayan power to rule Al Pi Da'ato (see
Kesuvos 85a) when he smells a rat. The Dayan who is well versed in Torah
and has the proper Midos has the capacity to feel out the truth.

As for the justice in Beis Din nowadays, according to the forementioned
there is no question. Moreover, no other system of law can compare to the
degree of justice of Beis Din.

Dov Zupnik

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Shevuos 024: Isur haBa'ah me'Atzmo

2003-02-27 Thread Mordecai Kornfeld
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Shevuos 024: Isur haBa'ah me'Atzmo

Mark Bergman asked:

On Shevuos 23b (bottom), Resh Lokish says that Kollel does not apply to
Issue Haba MeAtzmo.

On 24b, the Gemoro says that there is a Hava Amina that Kollel does not
apply to Issue Haba MeAtzmo, therefore...

Does the Gemoro just mean to exclude the opinion of Resh Lokish?  (If so,
why not say so)

--
The Kollel replies:

Reish Lakish does not express this opinion explicitly; rather, the Gemara
uses this Sevara to explain Reish Lakish's view. Therefore, the Gemara
mentions the Sevara rather than saying l'Afukei m'Reish Lakish.

D. Zupnik

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Shevuos 023: Isur Kollel

2003-02-27 Thread Mordecai Kornfeld
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Shevuos 023: Isur Kollel 

Mark Bergman asked:

The Gemoro on Shevuos 21b describes a situation where a person including
permitted and forbidden items in the same Shevuo.  Rashi explains that by
merely forbidding all foods, he is implicitly including forbidden foods.

However, on 23b, the Gemoro says the same thing, and Rashi says that the
case is where one explicitly states that he is forbidding both permitted and
forbidden items.

Admittedly, the second Gemoro is talking about a case of Mefaresh, and maybe
the first Rashi is just telling us that in the general case, one need only
forbid all foods (without mentioning forbidden foods); but I wonder if there
is more to be said here.


--
The Kollel replies:

Rashi on 23b is explaining -- according to the Havah Amina -- that
Ma'achalim Asurim are included in Ochlim She'einam Re'uyim, and therefore
are excluded in the case of the Reisha. However, in the Maskana, we say
that Ma'achalim Asurim are Ochlim ha'Re'uyim, and therefore the Reisha
already reads that if someone made a Shevu'ah not to eat he may not eat
Isurim, like Rashi says on 21b.

D. Zupnik

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Shevuos 025b: Rav Ezra ha'Navi

2003-02-25 Thread Mordecai Kornfeld
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Shevuos 025b: Rav Ezra ha'Navi
Mark Bergman [EMAIL PROTECTED] asked:

In the last Tosfos on 25b (DH Rav), Tosfos quote HaRav Ezra HaNovi. Do we
know anything about this source?

Kol Tuv
Mark Bergman
Manchester UK

The Kollel replies:

A contemporary of the Or Zaru'a (~1230 CE), Rav Ezra of Moncontour, France,
called Ezra ha'Navi by his peers, was a pupil of RI Ba'al ha'Tosfos and a
mentor of the Maharam of Rotenburg. He is also cited in Tosfos Gitin 88a.
(Based on Rav Rafael Halpern's Atlas Etz Chayim, vol. 7:1936). 

He is also mentioned in Da'as Zekeinim to Shemos 21:29 (see also Tosfos
Rabeinu Peretz to Bava Kama 23b). In fact, he is the Rav Ezra that Tosfos
mentions, even when he is not called ha'Navi.

He was a Rosh Beis Din and Rosh Yeshiva in his town, and, according to one
Mesores, a decendant of the Ibn Ezra. His appelation was not simply a sign
of the high regard in which he was held. Rav Ezra lived during the Shivas
Tziyon movement in the times of the Rishonim (when Messianic hopes were
high), and according to the Ma'amar Al Shenas ha'Geulah (an ancient
document by Rav Elazar b'rebbi Shlomo, dating from not long after Rav
Ezra's passing, printed in ha'Tzofeh l'Chochmas Yisrael, yr. 5 p. 194),
He went up to heaven and asked the prohets Chagi Zecharyah and Malachi
when Mashi'ach would arrive. Each wrote him an answer in three verses...
It was hoped and even expeceted in those days that true prophesy would soon
return to our people. (Based on Ba'alei ha'Tosfos by Rav A.A. Auerbach, p.
278.)

He is the author of the commentary on Shir ha'Shirim that is attributed to
the Ramban (and printed in Rav Shavel's Kisvei ha'Ramban), and some
Kabbalistic treatises (based on Sarei ha'Elef by Rav Menachem Kasher, vol.
1 p. 142 and vol. 2 p. 537).

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Shevuos 015: It is forbidden to heal oneself with words of Torah

2003-02-19 Thread Mordecai Kornfeld
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Shevuos 015: It is forbidden to heal oneself with words of Torah

Joseph Neustein, MD [EMAIL PROTECTED] asked:

How does this prohibition jive with the universal practice of praying for 
healing? Should we in fact  never pray for our own welfare but only for 
others?  If so, how do we deal with Heal me HashemPsalm VI and other 
supplications for healing in Tehillim?

Thank you for your insights

Joseph Neustein, MD, El Paso, Texas USA
--
The Kollel replies:

Praying is permitted; using verses as a *charm* is prohibited. 

Here is something we wrote on the subject in Shabbos 67.

Be well,
Mordecai Kornfeld

===
Shabbos 67

1) HEALING WITH VERSES FROM THE TORAH
QUESTION: How can the Gemara here permit one to use verses from the Torah
for healing? The Gemara (Shevuos 15b) states that it is forbidden to use
verses for healing!

ANSWERS:
(a) When one's intention is to heal a spiritual ailment with verses, it is
permitted. (MAHARSHA, see RAMBAM Avodas Kochavim 11:12)
(b) If the illness poses risk of mortal danger, one may use verses for
healing. (TOSFOS, Shevuos 15b and Pesachim 111a)

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Re: Sanhedrin 020: Joseph and Boaz

2003-02-13 Thread Mordecai Kornfeld
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Re: Sanhedrin 020: Joseph and Boaz


Barry Epstein asked:
On 20a, why are they referred to as daughters, re Mishlei 31:29?


-

The Kollel replied:

Daughters is a catch-phrase for Yir'ei Hashem, G-d fearing people. As
that same chapter in Mishlei ends, a woman who is G-d-fearing, she should
be praised. Yir'as Shamayim, G-d-fearingness, is a characteristic which is
more instinctive to women than men. (This is related to the recurring theme
in Chazal that Man is supposed to be outgoing while Woman is supposed to be
modest.)
The manner in which these two Tzadikim checked their desires and held their
evil inclinations in tow reflects Yir'as Shamayim, the characteristic of
daughters.


--
Yitzchok Zirkind comments:

1) The header should include Palti Ben Layish as he too is referred as
Bonos by the word V'at.

2) See MaHaRShA Al Asar that the Gemara is referring to the wives so Bonos
fit here.

3) bPashtus, while further in this Kopital it uses the term Isha for
Yiras Hashem, here it perfers Bonos to indicate the opposite of marriage
(Al Derech begining of Parshas Matos Isha and Bas Veod).  According to Rabi
Yonoson since there was a marriage by Palti Ben Layish we use the Possuk of
Isha Yiras Hashem, (and would also add the Msiras Nefesh of his wife).


Kol Tuv,
Yitzchok Zirkind 

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Sanhedrin 098: Praying for Mashi'ach *not* to come

2003-02-13 Thread Mordecai Kornfeld
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Sanhedrin 098: Praying for Mashi'ach *not* to come

Barry Epstein asked:

Ulla and Rabbah prayed for the Messiah to come but not in their lifetime.  

How could this be proper?
Is it proper today?

Barry Epstein, Dallas, USA
--
The Kollel replies:

Rav Joseph Pearlman replies:

The Gemara does not in fact say that they did not want the final redemption
to come in their lifetime. Rather, they said that they would prefer not to
witness it happening. It could be that they meant that they did not want to
participate in the cataclysmic events leading up to the advent of
Mashi'ach, but just wanted to participate when all the hullabaloo was over.

Even if the Gemara is interpreted to mean that they would rather that
Mashi'ach not come at all during their lifetime, the Gemara itself gives
the reason that they felt they would not be able to endure the acute
trauma, pain, and suffering of Chevlei Mashi'ach, the pangs of the coming
of Mashi'ach (just as women often say that had men been chosen to be the
ones to give birth, no children would ever be born, as the pain is so
excruciating notwithstanding the ultimate reward).

Rebbi Yochanan here says the same thing. Perhaps it is comparable to his
dictum in Berachos (5b), Lo Hen v'Lo Secharan (I do not want them (the
tribulations) and I do not want their reward). Notwithstanding the fact
that suffering wipes away all of the sins of a person, and he would have
had complete atonement for all of his sins, he preferred not to risk it in
case he might not be able to accept the suffering properly, b'Ahavah,
with love, and instead of being his salvation, they may end up being his
damnation if he were to be unable to bear them properly.

So, too, here, he did not feel sufficiently confident to survive intact
spiritually the birthpangs of the devastating incipient Messianic era.

However, I much prefer the first explanation, that they wanted Mashi'ach to
come -- Yesei -- but they would prefer all the preliminaries out of the
way and out of their sight -- v'Lo Achminei. This also explains the
choice of words, Let me not see him, rather than, Let him not come until
after I am gone. They meant, Certainly, he must come now, but I do not
want to witness it happening. In other words, let me know when all the
screaming and yelling is over, and then I will open my eyes to see the
finished product.

Kol Tuv,

Joseph Pearlman

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Megilah 017: The use of Braille

2003-02-09 Thread Mordecai Kornfeld
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Megilah 017: The use of Braille 

Benjamin Rubin [EMAIL PROTECTED] asked: 

Braiile is a language of communication for the blind. If a Megilla was 
wriiten on Claf, with Dyo, all according to halacha. A megilla can have 
nekudot and taamim written into it. Could braille letters be coded (the 
parchment would have bumps embossed into the paqrchment) into the 
megilla. Would this allow a blind person to read the megilla. He would not 
be doing it by memory since his fingers would become his eyes 

Benjamin Rubin, Potomac MD, USA 
-- 
Rabbi Feinhandler replies: 
Dear Benjamin, 

I am in doubt if such a reading helps, since it is not a language as the
others in the world. 

Rabbi Feinhandler

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Shevuos 057: Arayos

2003-02-06 Thread Mordecai Kornfeld
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Shevuos 057: Arayos

Barry Epstein [EMAIL PROTECTED] asked:

The Sages say that all Arayos are also prohibited to a Noahite.  Re the
ones that carry the penalty of kares, can a Cuthean get kares?  If not,
what is his punishment?

Barry Epstein, Dallas, USA
--
The Kollel replies:

A non-Jew can also get Kares. Here is our definition Kares, from Background
to the Daf to Sanhedrin 83:6. (Note that some of the punishments are in
this world as well.)

M. Kornfeld
==

6) [line 10] ELU SHEB'MISAH (MISAH B'YEDEI SHAMAYIM / KARES)
(a) Some sins are so severe that they are punished with untimely death.
There are two types of untimely death that are used as heavenly
punishments: Kares, and Misah b'Yedei Shamayim. Kares means being severed
from the world and dying before one's time. Misah b'Yedei Shamayim means
death at the hands of heaven. These punishments are not administered by
the courts, but through divinely administered justice.
(b) One who deliberately transgresses a commandment that is punishable with
either Kares or Misah b'Yedei Shamayim is punished even if there are no
witnesses to his act, and even if he was not warned at that time of his
transgression that his violation will result in his untimely death.
(c) The commentaries explain that there are two major differences between
Kares and Misah b'Yedei Shamayim (see TOSFOS to YEVAMOS 2a DH Eshes Achiv;
RABEINU YONAH in Sha'arei Teshuvah, 3:6; TIFERES YISRAEL to Sanhedrin 9:6):
1. One who is punished with Kares will die before age 60 (according to Moed
Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim
2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60
but before his time has come (according to Moed Katan ibid., or before the
age of 60, according to the Yerushalmi ibid.)
2. When one is punished with Kares, even his children (who are minors at
the time of his sin) die, and he bears no further children. When one is
punished with Misah b'Yedei Shamayim, only he is punished and not his
children (Yevamos 55a and RASHI there). (See, however, RIVA in Tosfos to
Yevamos 2a DH Eshes, who maintains that Kares only involves the death of
one's children in the two cases where the Torah adds the word Ariri.
However, he might be referring to the death of children who are *not* minors.)
3. Some add that when punished with Kares, the sinner's cattle and
possessions slowly expire until he is left destitute -- see Insights to
Yevamos 73:2.
(c) For a number of specific sins, the Torah assigns a form of Kares in
which the sinner not only dies before his time but is not granted a portion
in the World to Come (Sanhedrin 64b).


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Sanhedrin 020: Joseph and Boaz

2003-02-05 Thread Mordecai Kornfeld
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Sanhedrin 020: Joseph and Boaz

Barry Epstein [EMAIL PROTECTED] asked:

On 20a, why are they referred to as daughters, re Mishlei 31:29?

Barry Epstein, Dallas, USA
--
The Kollel replies:

Daughters is a catch-phrase for Yir'ei Hashem, G-d fearing people. As
that same chapter in Mishlei ends, a woman who is G-d-fearing, she should
be praised. Yir'as Shamayim, G-d-fearingness, is a characteristic which is
more instinctive to women than men. (This is related to the recurring theme
in Chazal that Man is supposed to be outgoing while Woman is supposed to be
modest.)

The manner in which these two Tzadikim checked their desires and held their
evil inclinations in tow reflects Yir'as Shamayim, the characteristic of
daughters.

M. Kornfeld

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Re: Shabbos 150a: Shevus vs. d'Rabanan

2003-01-29 Thread Mordecai Kornfeld
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Re: Shabbos 150a: Shevus vs. d'Rabanan
With regard to the question of Gershon Dubin who asked:
Is there a rule when an issur derabanan is referred to as a shevus and
when not?

The Kollel replied: 
There are two kinds of Isurei Shevus on Shabbos. As the Rambam (Hilchos
Shabbos 22:1) writes, There are Shevusim that the Rabanan prohibited
because they are *similar* to Melachos, and there are Shevusim that the
Rabanan prohibited because they might *lead* to the transgression of an
Isur Sekilah. The Gemara refers to the former as Shevus all the time,
since they are not Gezeiros but rather enactments in deference of the
commandment Shabason -- Shevos! (see Magid Mishnah there, and Gemara
Shabbos 114b). An example of these is Amirah l'Nochri, which the Gemara
always refers to as Shevus, or moving objects from or into a Karmelis.

When addressing the second category (Gezeiros of Shabbos), the Gemara seems
to call them Shevus only when in order to contrast them to an Isur
d'Oraisa, e.g. when we first mentioned an Isur d'Oraisa, and then listed
these as only Shevusim.

--
Yitzchok Zirkind [EMAIL PROTECTED] adds:

The Gemara records in a number places that Rebbi does not prohibit a
Shevus from being performed Bein ha'Shemashos (see Shabbos 8b Rashi DH
v'Rebbi Hi d'Amar, even though he is referring to any Isur d'Rabanan of
Shabbos. Does this fit with what you wrote?

With regard to Amirah l'Akum, the expression Shevus became a borrowed
term used for any Isur performed through Amirah l'Akum, see Bava Metzia
90a, and especially Tosfos Rosh Hashanah 24b DH Sha'ani, see also Shach on
Shulchan Aruch YD 141:23, etc.

Kol Tuv,
Yitzchok Zirkind

--
The Kollel writes:

The Takanah prohibiting the transfer of objects to a Karmelis is in the
first category of Shevus; the Isur was enacted because moving to a Karmelis
is *similar* to a Melachah. That is why the word Shevus is always
appropriate when describing a Melachah involving a Karmelis. 

Although Rebbi is including any Isur d'Rabanan of Shabbos in his Heter, it
is specifically applied in the Mishnah to tranferring an object to or from
a Karmelis, which is why he mentions the word Shevus in that statement.

M. Kornfeld

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Makos 007a: Killer courts

2003-01-29 Thread Mordecai Kornfeld
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Makos 007a: Killer courts
Gedalliah [EMAIL PROTECTED] asked:

LAST MISHNA CHAPTER 1 - A SANHEDRIN THAT EXECUTES ONCE IN 7 [70] YEARS..
where the first part of the mishna deals with 2 different events [1) 
conviction in one court, escape, and return to same court; 2) conviction in 
one court, escape, and return to different court, and location of the 
different courts], why can't it be said that the rest of the mishna
starting with a sanhedrin that executes once in seven years is a
destroyer refers also to two events, 
and is a continuation of the first part of the mishna, such that it would 
refer to a situation where an escaped convicted person was returned to the 
court and gets executed without retrial.

Then, it could be understood to imply not that ANY executing court is a 
destroyer, but that a court that executes once in 7 [70] years, without a 
retrial, based on testimony that a person was previously sentenced, is a 
destroyer?

[and as addendum to makkos 10, much appreciation for helping isolated jews be 
able to get some protection of learning together]

gedaliah

The Kollel replies 

This part of the Mishnah (which is separated from the first part of the
Mishnah by the statement Sanhedrin Noheges Ba'aretz u've'Chutz la'Aretz
is clearly referring to the neccesity for Beis Din to be calculated, as is
evident from the statements of Rebbi Akiva and Rebbi Tarfon. This is the
way all of the Rishonim explain the Mishnah.

D. Zupnik

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Makos 017: Two sets of Malkus

2003-01-28 Thread Mordecai Kornfeld
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Makos 017: Two sets of Malkus

Noach [EMAIL PROTECTED] asked:

When five sets of malkus are established as being the penalty for the
various transgressions how do we understand this?  Does it mean literally
195 blows, subject to the medical advice??!!  If it means that the number
is more than 39 or less than the total required is there a kapporah?  If
it is that there is a multiple application sentence, is it delivered all
together or over a time after allowing each to heal?

Noach , Israel
--
The Kollel replies:

The Mishnah (Makos 22b) writes that if when he is Chayav two Makos  he is
able to sustain even three Makos of the second set of Makos (i.e. three
more than 39) according to the estimate of the court (Omed), he gets a
total of 42 Makos and is exempt from further Makos. However, if he is only
able to sustain less than 39, he is first given the first set and then
after he heals he is given a second set (the amount of which is determined
by the Omed of Beis Din).

D. Zupnik

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Sanhedrin 016: King David's wars to strengthen the economy

2002-12-29 Thread Mordecai Kornfeld
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Sanhedrin 016: King David's wars to strengthen the economy

Sh. Levenson  [EMAIL PROTECTED] asked:

Is it not immoral and unjust to wage war for purely economic reasons.
(Since it is natural for people to defend their homes, family and nation,
deaths will certainly occur.) Also:

A) There is no reason to suspect that these people are especialy depraved
as were the 7 nations.  
B) There are things that theoreticaly are permitted under Halacha, but in
practice are forbidden because  it would seem that Jewish law is inferior
or less moral than nonjewish law.( The nonjews have the concept of Just
War, that wars  should only be fought for certain just reasons.

Sh. Levenson , Chicago USA
--
The Kollel replies:

(a) The MARGOLIYOS HA'YAM (#22,23) suggests, in answer to your question,
that David's advice should be read, make war *against* the Gedud. The
Gedud refers to the marauding Amaleki tribes who were constantly disturbing
the economy by raiding the local fields and otherwise threatening the
nation (Shmuel I 30:8 ha'Gedud ha'Zeh). This, he says, is why (according
to Rashi here and in Berachos) he only asked Sanhedrin to pray for him, and
not to *permit* the war (since it is certainly permitted to war against Amalek.

Sharp though it is, this interpretation is somewhat forced in the words
Pishtu Yedeichem..., nor does it fit into the Gemara about Ein ha'Bor
Mismalei me'Chulyaso. All the Rishonim explain that Gemara to mean that
the Jewish People were looking for wealth *outside* of the nation by
overcoming a foreign nation. (According to the Margoliyos ha'Yam, it seems
that David ha'Melech answered that it is not necessary to look for dirt to
fill the pit as long as Amalek can be stopped from marauding. However, it
would seem from the complaint of the people that even if they were not
*losing produce* to Amalek, there still would not be enough to feed the
people.)

(b) It is perhaps more likely that the war David suggested that they start
was the one in which he conquered Aram Naharayim and Aram Tzovah (or
Surya), the nations that were considered to be Kibush Yachid of King
David (Gitin 8a and elsewhere -- the description of our Gemara fits
according to both Rashi and Tosfos' explanation of Kibush Yachid there, I
believe). I found strong support for this suggestion in Rashi Sotah 44b DH
u'Milchemes Beis David.

As to your question, we may assume that the people of those areas were
antagonistic to the Jews, and periodically waged war against the northern
territories of Israel. Although David would not have instigated a war
because of this (but rather would send troops to defend the nation each
time a war was waged), since the people needed more territory, he waged a
war and conquered the entire area.

-Mordecai Kornfeld

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Sanhedrin 90a: Olam ha'Ba and Olam ha'Neshamos

2002-12-29 Thread Mordecai Kornfeld
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Sanhedrin 90a: Olam ha'Ba and Olam ha'Neshamos
Samuel Kosofsky [EMAIL PROTECTED] asked:

Rabbotai,

(a) When our perek speaks about olom haba it seems to be speaking about the
olom haba after the moshiach comes and after techiyat hameysim. It doesn't
seem to refer to the olom haneshamot where peoples' neshamot go after
death. Menashe Hamelech appeared in a dream and spoke about the taava of
avoda zara in his time. His neshama appears to be around. 

(b) Is anyone excluded from the olom haba of the olom haneshamot? Who would
be excluded and what happens to their neshamot? Are any neshamot destroyed
completely? Does anyone stay in gehinnom more than 12 months or indefinitely?

Samuel Kosofsky 
--
The Kollel replies:

(a) As we explained at length in our Insights, many commentaries explain
that our Mishnah is indeed referring to the Olam ha'Ba after Techiyas
ha'Mesim (as can be inferred from the Gemara's explanation for why one who
denies Techiyas ha'Mesim has not Chelek in Olam ha'Ba); see also Ramban
Vayikra 18:29. However, the *Rambam* (Hilchos Teshuvah 8:1) seems to learn
that it is discussing the Olam ha'Neshamos immediately after death (which,
he maintains, is the *only* place for ultimate reward).

(b) It is clear that some Neshamos do not have an Olam ha'Neshamos, as the
Ramban in Vayikra (ibid.) explains with regard to someone who is Chayav
Kares and has more Aveiros than Mitzvos. The Ibn Ezra learns that those who
are punished with Kares in both worlds (Sanhedrin 90b) have absolutely no
afterlife after death. On the other hand, there are those who do *not*
receive Olam ha'Neshamos, but *do* merit Techiyas ha'Mesim, as Rabeinu
Bachye (Bamidbar 16:33) writes regarding Korach and his group.

Of course, if a soul does not merit Olam ha'Neshamos or Olam ha'Ba, that
does not mean that it is not around. It can still be around, and be
punished eternally. The Gemara presents a list of sins warranting
punishments of eternal Gehinom (and not just 12 months) in Rosh Hashanah
17a.  An enlightening discussion of this topic can be found in Rabeinu
Bachye, end of Acharei Mos. See also the Sha'ar ha'Gemul of the Ramban, at
length.

Mordecai Kornfeld

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Re: Sanhedrin 088a: Metzora from head to toe

2002-12-17 Thread Mordecai Kornfeld
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Re: Sanhedrin 088a: Metzora from head to toe

Shabtai Nacson [EMAIL PROTECTED] wrote:
How to understand the case of a person is completely covered with mud he is 
Tahor, whereas if he has a spot of mud he is Tamai?

Yosey Goldstein [EMAIL PROTECTED] writes:

The Chasam Sofer (On the Parsha) writes that the reason Hashem inflicts a 
person with Tzoraas is because he has developed evil traists and Hashem 
wishes to seperate him from others so they do not learn from him. But, 
The Chasam Sofer says, That only applies to a basically good person who 
has developed faults. Therefore, since this person is basically good he 
may influence people into following his bad traits also, therefore HAshem 
sends him Tzoraas. Get him away from people until he cures himself 
However if a person is totally evil what kind of subtle influence can he 
have? People know he is bad and therefore will not learn from him. That 
is signified by the person being inflicted with Tzoraas from head oto 
toe, He is the same, through and through. EVIL! And therefore there is no 
reason to seperate him. People will not be influenced by him.

Y. Goldstein
Baltimore, MD

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Berachos 008: Shenayim Mikra v'Echad Targum

2002-12-17 Thread Mordecai Kornfeld
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Berachos 008: Shenayim Mikra v'Echad Targum

Reuven Kasierer [EMAIL PROTECTED] asked:

why do you get arichus yomim for doing targum?

Reuven Kasierer, silver spring, USA
--
The Kollel replies:

A suggestion. The idea of Targum is to bring the Kedushah of the Torah down
from Lashon Kodesh which is otherworldly into the mundane language of this
world. Someone who can do this shows that he is worthy of days on this
earth for he will be anle to elevate the mundane. Just a thought.
D. Zupnik
---

The reward is for learning Torah Lishmah, as the Gemara learns from Orech
Yamim bi'Yeminah (Shabbos ). If a person learns the Torah in order to
understand it fuly and perform its Mitzvos,he is learning Lishmah. When one
reviews the material twice, and then reads the Targum once (to ensure that
he understands the meaning of the text fully), he is studying Lishmah.

Rav Elozor Moshe Horowitz, in his Hagahos here, adds that the Gemar later
(55b) tells us taht if a person is called toread from the Torah and does
not rise to read, his days will be shortened. The Shulchan Aruch (OC 139:1)
tells us that where it is customary for the person that is given an Aliyah
to read from the Torah himself, and he did not yet read over the material a
number of times (to become proficient in reading it), he should not rise to
read. 

The purpose of Shenayim Mikra is to gain proficiency of the text *before*
the Torah is read publicly. By doing so he will not have to turn down an
Aliyah to the Torah, and therefore instead of having shortened days, his
days will be lengthened.

M. Kornfeld

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Sanhedrin 063: The young idolator

2002-12-15 Thread Mordecai Kornfeld
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Sanhedrin 063b: The young idolator

Rabbi Yoseph Dov Karr [EMAIL PROTECTED] writes:

I would like to share my own chedush. let me know if you like it. you may
share it with others if you agree that it is good.

The gamara tell a story about a young child who's stomach is bloated and he
is starving to death. he is thrown on a garbage heap to die. Hashem send
Elijah to save him. he is the only child left from a family of 3,000.
Elijash asks to boy if he is willing todo something to save himself and
live. the boy replies Yes. Elijah says all he has to do is say Shema every
day and he will live. the boy is silent and refuses. he explains that his
mother and father had not taught him. He instead kisses his avodah zorah
and is stomach burst and he dies.

I had two questions on this. First, why didn't the boy lied to save
himself. he could of loved his avodah zorah and say shema. He should have
done want ever he could to live. Second why mention his father and mother
did not teach him. this does not answer the question as Elijah was
willing to teach him now. Maybe he heard about the Torah or Shema from
someone else?

I would like to answer based upon the gamarah in Berachos that says there
are three steps to fight the Yeitzer Harah. First go and learn Torah, if
that works great. If not, Say Shema, if that works, great. If not you
should comtemplate the yom hamesah ( the day of your death). Avodah Zorah
is a Yitzer Harah. There three steps should work. We see they did not with
the young boy. The Gemara in Huryos says a father (and mother) must first
teach their son Torah tzivah lanu Moshe etc. The second thing is Shema.
That is what the boy was saying - my father and mother never taught me
torah - torah tzivah lanu Moshe. Torah can not help save me from the
Yeitzer Harah. He also did not agree to say Shema. So this did not save
him. What about thinking about the Yom Hamesah. After all he was about to
die. the Vilna Gaon Z'tl explains why there are three steps to fight the
Yitzer Harah. Why not just contemplate the day of one's death? Just skip
the the third step. 

He explains not everyone will be effected by the Yom Hamesah. The Greeks
say eat drink and be merry for tomorrow you will die. We unfortunately
see that death means nothing to the Arabs that blow themselves up. It is
only someone who learns Torah and accepts the Yoke of Heaven by saying
Shema that one can properly give musser to and tell him to thing about the
day he will die. Death meant nothing to this boy and therefore he died. We
see all three steps to fight the Yeiter were used but to no avail.

We now understand why Hazel had to daven to Hashem to save us from the
Yeitzer Harah of Avodad Zorah. The three steps did not help to save us or
this boy! Only Hashem could help. There our rabbis daven to Hashem to take
away this Yeitzer Harah that we could not conquer by ourselves.

Rabbi Yoseph Dov Karr, Passaic, N.J.

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Finding the right one

2002-12-10 Thread Mordecai Kornfeld
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Finding the right one
[EMAIL PROTECTED] asked:

If Yakov did not go to Charan, would he have met Rochel anyway? Would she 
have gone to Israel? 

1) The Bereshis Rabba's point on the beginning of Vayetze is not conclusive. 
The same Posuk is used at the beginning of Sota to prove the exact opposite! 
Therefore, there is no definitive proof from this Posuk.

Please give appropriate sources for all information.
I understand that as a practical matter, this is a moot point. Nevertheless, 
it is the principle which I am interested in.
Thank you.

New York, United States
--
The Kollel replies:

1. Although a person's spouse is pre-ordained, since it is a Mitzvah,
marriage is subject to Bechirah, free choice, just like any other Mitzvah.
If a person chooses not to marry, he will not be made to marry his
pre-ordained spouse against his will.  If he does choose to marry, but
decides to forego the proper match which was designated to him and to
choose an improper woman instead, so be it. The Gemara that says Bas
Peloni l'Peloni simply means that Hashem *makes it easier* for a person
who *is* interested in finding a proper match, to find that match (see
TASHBETZ 2:1 and MAHARAL to Sotah 2a (end of first piece); see also
TESHUVOS HA'RAMBAM #345, cited by the Tashbetz there).

Therefore, if a person concludes that he is supposed to travel at length in
order to find his proper match (either because his parents direct him to do
so, or through some other Halachic process), and he chooses to ignore the
Halachic reasoning obligating him to travel and remains at home instead, he
will not necessarily meet his pre-ordained at home.

2. Sometimes it is Hashem's will that certain people meet and marry each
other. At such times, He sees to it that they meet, whether or not they are
looking for each other (see Bereishis Raba 65:2).

3. I am not sure to which Pasuk you are referring when you write that the
Midrash in Vayetzei (68:4) explains it differently from the way that is
explained by the Gemara in Stoah 2a. The two sources learn the exact same
lesson from the verse Moshiv Yechidim (i.e. that it is very hard to make
matches). 

M. Kornfeld 

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Re: Chanukah vs. Purim in the Mishnah

2002-12-09 Thread Mordecai Kornfeld
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Re: Chanukah vs. Purim in the Mishnah

The Kollel wrote:
Rav Reuven Margoliyos (Yesod ha'Mishnah va'Arichasah, p. 22) suggests
that Rebbi Yehudah ha'Nasi did not include in the Mishnah anything that
might sound like a political statement and arouse the suspicion of the
Roman Empire. For this reason he did not discuss Moshi'ach ben Dovid
(even though he discusses Techiyas ha'Mesim in Perek Chelek), nor did he
discuss Chanukah, which was seen by the Romans as a celebration of our
kingdom's independence from outside authorities and was likely to provoke
their anger. (The Yerushalmi Sukah end of 5:1 tells how the Emporer
persecuted the Jews with the claimthat their Chanukah candles were a
celebration of his child's death; see also Tosfos Shabbos 45a DH Mekamei
who writes that the Roman's enacted decrees against lighting Chanukah
candles.)
---

Mordechai Schwimmer [EMAIL PROTECTED] writes:

If in fact the Romans interfered and hindered the Chanukah candles
lighting, they had a very short and selective memory.

They owed their status as a superpower to the Ness of Chanukah.

The Gemara relates in Tractate Avodah Zarah 8b, that the Romans waged
thirty-two battles against the Greeks and could not overpower them, at
which point the Romans told the Greeks, up until now we tried to achieve
supremacy through the battlefield, now we will do it through reasoning (or
right). The conclusion of the Romans' argument was that since they, the
Romans, are allied with Israel and have the Torah on their side, the Greeks
have to relent. According to the Gemara the Greeks acquiesced.

The obvious question arises: The Greeks had persecuted the Jews and enacted
decrees against the fulfillment of the Torah's commands, how and why did
they accept the Romans' argument?

The answer lies in some key dates that appear in the Gemara ibid. According
to the Gemara the above-mentioned event took place 180 + 26 = 206 years
before the destruction of the Temple. Furthermore the Gemara states, ibid.
9a, that the Hasmonean rule also started 206 years before the Churban.

Consequently, the Roman-Greek interchange took place just after Ness
Chanukah, which explains the attitude of the Greeks. They have just
experienced first hand the might of Hashem through Torah observant Jews.

As stated, the Romans forgot that their entire power was a result of Ness
Chanukah.

Sincerely,

Mordechai Schwimmer

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Sanhedrin 079a: Kol Kavu'a k'Mechetzeh Al Mechetzeh

2002-12-02 Thread Mordecai Kornfeld
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Sanhedrin 079a: A Nochri among nine Jews

Solomon Spiro asked:

[Kollel Iyun Hadaf wrote in Insights to Sanhedrin 79a:]

the Rabanan are referring to a case in which there were nine Jews and only
one Nochri. Since the Nochri is Kavu'a (in his place and not separated
from the others in the group), he gives the crowd a status of half-Jews and
half-Nochrim because of the principle of Kol Kavu'a k'Mechetzeh Al


I would say that Kavu'a is the opposite, that he is separated from others
in the group by virtue of his separate status as a nochri. If he is not
separated then there is more logic to consider him batel berov.  No?

--
The Kollel replies:

Kavu'a means that the object, or the person, is in his place, and is not
moving away and separating physically from the rest of the objects, or
persons, in the group. It is not defined by his status as being different
than the others in the group, but by being physically moved away from the
group. (In fact, the whole concept of Kol Kavu'a k'Mechetzeh Al Mechetzeh
Dami applies *only* when one object has a different status than the other
objects in the group -- such as Tereifah meat among Kosher meat).

Regarding your question that there is more reason to consider him Batel
b'Rov, that is exactly what the principle of Kol Kavu'a... is overriding,
as the verse quoted in the Gemara here (as a Gezeiras ha'Kasuv) is teaching. 

The Gezeiras ha'Kasuv is teaching (as Rav Gustman zt'l explained) that when
an object is not together with the rest of the group, we ask, which of the
ten objects that were in the group is this -- one of the nine Kosher ones
or the non-Kosher one. Since there are nine kosher answers of Kosher and
one of non-Kosher, we follow Rov. When, however, the object in doubt is
still among the other objects in the group, we do not ask which of the ten
objects is this, because we cannot single out that object from the rest of
the group in our question. We must ask a question that applies equally to
the entire group. We are therefore told to ask is this object Kosher or
non-Kosher, a question which can be asked and answered equally for any and
every member of the group. When that is the question, the options for the
answer are only two: Kosher or non-Kosher. We therefore give a 50%
chance that it is Kosher, and 50% chance that it is not Kosher, and
consider it a Safek.

M. Kornfeld, Y. Shaw

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Sanhedrin 071: Bas Sorer and Moreh

2002-11-21 Thread Mordecai Kornfeld
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Sanhedrin 071: Bas Sorer and Moreh

Shabtai Nacson [EMAIL PROTECTED] asked:

The Posuk says Ben and not Bat, Rashi says if not for the Posuk, she would
be killed (Tamuth Zakai and not Hyab)because she would committe zenuth
whereas in the case of a man he would end up killing during attempt to
steal. The question was asked by Rabbi Bennette she is not haybet metha
even if she take the profession of a zonah ( it is assure but not metha)? 

Shabtai Nacson, Mississauga, Canada
--
The Kollel replies:

The term Nidon Al Shem Sofo which is used with reference to a Ben Sorer
u'Moreh cannot mean that we administer to him the punishment that he might
eventually get, for a murderer is punished with the more lenient death of
Sayaf and not Sekilah. In addition, the Gemara does not write that he will
eventually become a murderer, but that he might become a Listim, or
bandit. The intention of the Gemara is simply that we fear that he will
learn wicked ways, which will be bad for both him and for the rest of
society. The same fear applies to a Bas, for the reason that Rashi gives.

D. Zupnik

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Re: Bava Metzia 085: Rebbi Chiya and sons vs. the Avos

2002-07-30 Thread Mordecai Kornfeld

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Re: Bava Metzia 085: Rebbi Chiya and sons vs. the Avos

M. Kornfeld wrote:
Yehudah, the other son, combined Rachamim and Din, which is why he was
able to be Meshamesh both Rav and Shmuel, as we find in many places (see
Rashbam Bava Basra 38b DH Ki). Rav's character was based on Din (Abba
Aricha, see Chulin 137b, see also Shabbos 108a where Shmuel heals and
Rav curses) while Shmuel's was Rachamim (Rebbi's doctor as the Gemara
here describes).

Mordechai Schwimmer [EMAIL PROTECTED] comments:

Yehudah the son of Rabbi Chiya, and Rav Yehudah the disciple of Rav and
Shmuel, were two different Amoraim. 

Rav Yehudah's father was named Yechezkel as mentioned in Kidushin 32a and
70a. This Rav Yehudah is *Stam* Rav Yehudah mentioned in Shas. Yehudah the
son of Rebbi Chiya knew Rebbi, Rabeinu HaKadosh, as mentioned in Sanhedrin
38a, whereas Rav Yehudah was born the day Rabeinu HaKadosh passed away, as
stated in Kidushun 72a-b. Finally, the two Amoraim are mentioned side by
side in the span of lines 20-22 in Kesubos 62b. 

Respectfully, 
Mordechai Schwimmer 
-
The Kollel replies:

Oops -- thank you for the correction. I retract what I wrote about Yehudah
b'Rebbi Chiya.

I did notice, though, that we recently saw (Bava Basra 75a) a Gemara that
seems to compare Yehudah and Chizkiyah to the angels Gavriel and
Michael, implying that there is a Rachamim/Din connection between the two.
The respective order in which they are mentioned in that Gemara might carry
the implication that, in fact, *Yehudah* corresponds to Din and Chizkiyah
to Rachamim. 

The same might be concluded based on the story in Kesuvos 62b that you
mentioned in your comments, in which Yehudah's coming was always preceded
by a pillar of flame, and in which Yehudah's death was brought about by
the slightest touch of inconsistency.

I'll add that Yehudah and Chizkiyah were also initiators of Torah-study
along with their father (in Bavel), as the Gemara says in Sukah 20a.

M. Kornfeld

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Bava Basra 109: Rashbam -- Im Ken

2002-07-14 Thread Mordecai Kornfeld

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Bava Basra 109: Rashbam -- Im Ken

Simon Wolf [EMAIL PROTECTED] asked:

In the Rashbam on 109a, Divrei HaMatchil 'Im Ken' it says that we would
have known that yerusha passes from a daughter to a brother even without
the word 'V'Ha'avartem' because (now on the last line of the Rashbam) the
pasuk says 'V'im ein lo bat, U'N'Tatem et Nachalato L'Aviv' -- Where is
there such a pasuk, shouldn't 'L'aviv' read 'L'echav'?

Simon Wolf, Westport, CT
--
The Kollel replies:

In earlier prints it actually says L'achiv. Good eye.

D. Zupnik

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Berachos 028: Shimon bar Yochai

2002-07-04 Thread Mordecai Kornfeld

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Berachos 028: Shimon bar Yochai

Steve Feuerstein [EMAIL PROTECTED] asked:

(1) What is the significance that the question posed to both rabbanim 
Gamliel and Yehoshua regarding whether or not maariv is an obligation, was 
presented by none other than Shimon bar Yochai?

(2) And why did the gemara only state at the end of the discussion that it 
was in fact Shimon bar Yochai? 

Steve Feuerstein, New York, USA
--
The Kollel replies:

(1) When learning the Gemara, one wonders how the Talmid who posed the
question to the two Gedolim had the Chutzpa to ask Raban Gamliel for a
ruling after already receiving an answer from Rebbi Yehoshua - and even
more, how did he have the Chutzpah to retort to the Nasi, But Rebbi
Yehoshua told me it is a Reshus! And remember, this was after Raban
Gamliel twice reprimanded Rebbi Yehoshua for not accepting other rulings of
his. One would suspect the Talmid, Chas v'Shalom, of Rechilus and of being
Marbeh Machlokes b'Yisrael.

That is why the Gemara tells us that Rebbi Shimon was the Talmid. He was
well-known for his attitude that learning Torah is more important than any
other preoccupation, even Tefilah. Rebbi Shimon would only say Kri'as
Shema, but not Tefilah, when he Davened (Shabbos 12b). He was happy to hear
Rebbi Yehoshua rule that Ma'ariv was a Reshus, so that he would not have to
be Mevatel Torah for it, and he wanted the ruling to be accepted by all of
the elders. That is why he asked Raban Gamliel, the Nasi, for his ratification.

(Tosfos Berachos 26a writes that Reshus does not mean that one does not
have to Daven Ma'ariv if he wishes. It only means that Mitzvos which have a
limited time to be performed (Zemanam Over) override it. However, if a
person is Toraso Umanuso, and uses every minute of his free time for Torah,
then learning Torah also becomes Zemanah Over, since had the person not
occupied himself with Davening Ma'ariv he would have learned more Torah --
something that can never be made up at a later date, since he will be
learning at the later date in any case.)

As for the second point, how he retorted that Rebbi Yehoshua ruled
otherwise, the answer is that Rebbi Shimon was also well known for his
unwavering quest for truth (which eventually led him to compose the Zohar).
As the Gemara in Shabbos 30b says, he was not even afraid of the powerful
caeser; he stated the truth for what it is and had no other considerations. 

For this reason, nobody can suspect him of speaking out of disrespect for
the Nasi. Unafraid, when he favored another opinion (that Ma'ariv is only a
Reshus) as he heard it expressed by other Talmidei Chachamim, he spoke up
to the Nasi l'Shem Shamayim, to clarify the issue and bring the truth to light.

(2) Whether the actions of Rebbi Shimon were totally l'Shem Shamayim or not
becomes apparent only at the end of the story. As Chazal say about a
Machlokes l'Shem Shamayim, when something is instigated with pure
intentions only good will come from it; if not, then Chas v'Shalom not. 

In the story with Raban Gamliel and Rebbi Yehoshua, as the story developed
it was not clear to all whether the outcome of their dispute was positive
or not. (The Gemara mentions that opposing approaches were voiced as to the
benefit or loss caused by the added benches in the Beis Midrash.) Because
of the outward appearance of things, one might be tempted to view with
disapproval the actions of the Talmid when one reads the beginning of the
story -- something that certainly would be inappropriate to think about
Rebbi Shimon's actions. 

Only at the end, when we see that the Machlokes was Miskayemes (both
remained Nesi'im, and the Nesi'us was actually strengthened from the
experience in the end), can we know for certain that the intentions of all
involved were truly l'Shem Shamayim. That is when the Gemara tells us that
the Talmid was Rebbi Shimon.

M. Kornfeld 

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Shabbos 060: Sandal ha'Mesumar

2002-06-14 Thread Mordecai Kornfeld

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Shabbos 060: Sandal ha'Mesumar

yh [EMAIL PROTECTED] asked:

one can still find 'hobnailed boots' and other similar shoes in our times
[very old army boots, soccer kleats with metal spikes, mountain climbing
boots with spikes] -would one be allowed to wear these bazman hazeh ? did
the gzeirah persist and can we apply it to different kinds of shoes with
'nails' or spikes protruding or only their specific shoes ? Thank you.

yh, ny
--
Rabbi Feinhandler replies:

Dear YH,

Although the Rambam (Hilchos Shabbos 19:2) did bring this Halachah, the Hagahos
Maimoniyos (ibid) says that Sandal Mesumars *are* allowed as they are not
common. The same
would apply to the shoes you mentioned; they may be worn on Shabbos.

Rabbi Yisroel Pesach Feinhandler
Rabbi of Avney Yashpe Synagogue

author of Beloved Companions, Beloved Children,
Priority In Prayer  Avney Yashpe
Marriage  Educational Counselor
e-mail: [EMAIL PROTECTED]
Fax: 972-2-537-2658

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Megilat Ruth and the sale of Elimelech's property

2002-05-27 Thread Mordecai Kornfeld

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Megilat Ruth and the sale of Elimelech's property
Yedidya Israel [EMAIL PROTECTED] asked:

I wonder if you an refer me for an explanation for these two queries.

(a) It seems that Naomi inherited all possessions (especially lands) of
Elimelech, Ruth did not have part of them as she didn't pass a Giyur when
married Machlon and hence did not deserve a Ketuba. Why then didn't Naomi
sell them for food, why Ruth has to go Lelaket Bashibolim?

(b) How Ruth was related to the Geula of the land that Namoni sold/was about
to sell? Marrying her ex-husband's uncle (or son of uncle) cannot be
counted as a Ibum, how will then the Goel will Yakim Et Shem Hamet?

Thanks in advance.

-- 
Yedidya Israel,
System Administrator.

The Kollel replies:

I discussed these points (among others) in a Parasha-Page (Shavuot 5756).
Here, in brief, is what I wrote:

(a) In Ruth 4:3, the verse says that Naomi indeed sold Elimelech's field
(which she apparently received as her Kesuvah) in an attempt to support
herself upon returning from Moav. Elimelech's relatives were thus expected
to redeem the property from the buyer, as the Torah says in Vayikra 25:25.
This is the redemption which is discussed in the end of Megilat Ruth.
Presumably, it was when the money from the sale ran out (paying for rent
and food over the first few months) that Ruth went to gather in Boaz's field.

However, there is more to this than meets the eye. If the verse in Ruth 4:3
is to be taken literally (i.e. that Naomi already sold the field), 
what does Boaz mean when he later says, You are witnesses this day that I
have purchased all that was Elimelech's ... from the ownership of *Naomi*
(4: 9)? If Naomi already sold the property to someone else, it is from the
hands of that other party that the redemption was taking place, not from
Naomi! Similarly, in v. 5 the property Boaz bought is described as being
purchased from Naomi and from Ruth. How could either Naomi or Ruth be
involved in this transaction, if they already sold the property?

In addition, the Torah says that redemption is not permitted until at least
two years have passed following the sale of the property (Erchin 29b). In
the story of Ruth, we are told that Naomi sold her husband's field upon
returning destitute from Moav (4:3). We learn (1:22) that Naomi and Ruth
returned to Israel at the beginning of the barley harvest (i.e. Pesach
time). Ruth stayed at Boaz' field until the end of the wheat and barley
harvests (2:23 - i.e. Shavuos time). It was during the winnowing process
which immediately followed the harvest that Ruth approached Boaz and he
agreed to redeem the field. Boaz acted upon his obligation of redemption
the very next day (3:18). If so, the redemption must have taken place no
longer than several months after the time when Naomi sold the property.
Since two years had not passed, how was redemption possible?

These questions are raised by Rav Shlomo Alkabetz (16th cent. Mekubal of
Tzfat) in his work Shoresh Yishai on Megilat Ruth, and he discusses them
at length. Here is what he writes about them.

The key to answering to these questions can be found in a comment of the
Ramban (to Vayikra 25:33). The Ramban proposes that the term redemption
is also be applied to a situation other than the one outlined by the Torah
in Vayikra for redeeming fields sold by relatives. When a person found it
necessary to sell his ancestral property due to poverty, it was customary
(although not obligatory) for a relative of his to offer to buy the field
*directly* from him, so that he would not have to sell it to a non-relative
in the first place. This, too, is referred to as redemption by the Torah.
Although such preventative redemption was not a Mitzvah, it was
nevertheless an ancient custom, explains the Ramban.

With this in mind, the Ramban suggests that the property being redeemed by
Boaz still belonged to Naomi -- she and Ruth had never sold the fields!
Nevertheless, the Torah -- and the Book or Ruth -- refers to Boaz' act as
one of redemption, because he stepped in to ensure that the property
would not have to be sold to a stranger in the future. This seems to be the
opinion of Rashi as well, in his comments to Ruth 3:9 and 4:5. This
explains how the redemption could be carried out before the requisite
two-year waiting period.

The problem with this interpretation is that in 4:3 Boaz says, Naomi, who
has come back from the fields of Moav, has *sold* the portion of land that
belonged to our brother Elimelech. According to what we have just said

Rebbi Bena'a and the grave of Adam

2002-05-27 Thread Mordecai Kornfeld

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Rebbi Bena'ah and the grave of Adam

Yedidya Israel [EMAIL PROTECTED] asked:

Shalom Rav.

I wonder if Rabi Banaa entered the place where Adam HaRishon was buried
or not. Strictly the Bat Kol did not permit it and when he claimed that he
need to measure the place he was answered that there is no need to.

But from the rest of the story we learn that he did enter the place as he
knew how Adam and Even looked like.

Thanks in advance.

-- 
Yedidya Israel,
System Administrator.
--
The Kollel replies:

The source for the statements in the Gemara comparing the looks of Adam and
Chava to others was not necessarily Rebbi Bena'ah. They seem to have been
Mesorahs, not directly related to the adventure of Rebbi Bena'ah. (They
allude to unique qualities that Adam and Chava possessed, see Insights.)

The Gemara does say that Rebbi Bena'ah saw the heel of Adam, and Rav Yakov
Emden (in Hagahos printed in the Neharde'a Shas) asks, as you wrote, that
this contradicts the previous statement of the Gemara. He answers that
Rebbi Bena'ah didn't mean that he literally saw the heel of Adam, but
that he *contemplated* the quality of Adam which is alluded to by his heel.
(He proposes a very interesting allegorical meaning for the entire
discussion here.)

The simple reading of the Gemara is that he was not given permission to
enter and see the face of Adam. From outside the grave, though, he was able
to see his heel, which was positioned near the entrance to the grave.

M. Kornfeld

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Re: Yevamos 062: Cain

2002-05-19 Thread Mordecai Kornfeld

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Re: Yevamos 062: Cain

The Kollel wrote:
The multiply Mitzvah is constant, but one is exempted from actively
fulfilling it as long as one has two living children. If one child dies 
(without leaving behind children of his own) the requirement remains. The
father has not unfulfilled the Mitzvah, he merely lost his 
exemption. (That is, he still retains the reward for the time during
which the Mitzvah was fulfilled).

Joel Schnur [EMAIL PROTECTED] asks:

I was under the impression that the multiply mitzvah or pru u'ravu was
only fulfilled when both a female and male offspring were produced and then
only when each of them proved capable of having female and male offspring.
Secondly, I believe that what you are describing in your answer may apply
more readily to the mitzvah of sheves or populating rather than
mulipyling. Please elaborate. 

And in the spirit of the upcomimg Yom Tov many thanks from
all of your subscribers for helping us be koneh Torah. Chag Samayach
v'Shabbat Shalom

--- 
The Kollel replies:

Yes, that is correct. When both a female and male offspring were produced
and each of them proved capable of having offspring, the father is no
longer required to have children. If the offspring die, though, the Gemara
(Yevamos 62a) records a Machlokes among the Amora'im whether the father
must have another two children. The conclusion is that he must. This
interpretation of the Mitzvah of being fruitful (Pru u'Revu) is in fact
inferred from the verse Lasheves Yetzarah, to which you referred
(Yevamos, ibid.).

By the way, there indeed is a technical problem with the Gemara that Barry
Epstein referred us to (which records an opinion that Adam had to have
another child to make up for Hevel, after Hevel was killed, since 2 boys
and 2 girls are required by Halachah). As the Mahadura Basra points out,
*Rav Huna*, who says Adam had to have a replacement for Hevel, is the same
Amora who maintains that when a child dies it is *not* necessary to have a
replacement child!

Also, Barry mentioned a Pirkei d'Rebbi Eliezer who says that *Cain* was no
longer considered a son of Adam after the point at which he killed his
brother. I found a Pirkei d'Rebbi Eliezer (#21) that says Cain was not like
Adam's son and did not follow Adam's or Hevel's ways, but it does not seem
to be dealing with the issue of Adam's Mitzvah of being fruitful. In fact,
to the contrary - from the Gemara in Yevamos that we are discussing it
seems clear that *only* Hevel had to be replaced by Adam in order to
fulfill his Mitzvah, not Cain.

Best wishes,
M. Kornfeld

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Re: Shavuos

2002-05-15 Thread Mordecai Kornfeld

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 Rosh Kollel Rabbi Mordecai Kornfeld
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Re: Shavuos

Sid Mosenkis [EMAIL PROTECTED] asked:

If the torah was given on 7 sivan, according to one opinion in the gemara,
why do we say zman matan toraseinu on 6 sivan?

S. Mosenkis, Queens N.Y.
---
The Kollel replies:

We wrote about this on Shabbos 88a, here is a copy of our Insights to the
Daf there.

Best wishes, Mordecai
==

Shabbos 88

1) ON WHAT DAY DOES SHAVUOS FALL
QUESTION: The Tur and Shulchan Aruch (OC 494:1) say that Shavuos falls on
the sixth of Iyar, fifty days after the day of bringing the Omer offering
(the second day of Pesach). This implies that Iyar of the year that the
Torah was given was not a full (Malei) month, but was 29 days long, for if
Iyar of that year was 30 days long, Matan Torah would have been on the
fifty-*first* day after the day of the Omer offering, and not the fiftieth.

Our Sugya seems to conclude that according to the Rabanan, who maintain
that the Torah was given on the *sixth* of Sivan, there were indeed
fifty-*one* days between Pesach and Shavuos (since the Gemara (87b)
resolves the Beraisa which conflicts with the opinion of the Rabanan by
saying that Iyar of that year had 30 days). How, then, can we rule that
Shavuos is on the sixth of Sivan and only *fifty* days after the day of the
Omer offering?

Besides, no matter how we rule, according to both Rebbi Yosi and the
Rabanan, the Torah was given on the fifty-first day. According to the
Rabanan Iyar was 30 days, as we explained above, and according to Rebbi
Yosi Iyar was 29 days but the Torah was given on the *7th* of Sivan, or 51
days after the day of the Omer offering.

ANSWERS:
(a) The MACHTZIS HA'SHEKEL explains that this question is only a question
if the Jewish people left Egypt on a Thursday (which would mean that there
are fifty-one days between the second day of Pesach (Friday) and the day
they received the Torah (Shabbos)). The Seder Olam, though, says that they
left Egypt on a *Friday*, and thus the Torah, which was given on a Shabbos,
was given *fifty* days later. (The Seder Olam also states that the Man
started falling on a Monday. Even though the Gemara derived from verses
that the Man started falling on a Sunday, this inference is not at all
explicit in the verses, and the simple understanding of the verses does not
imply that the Man started falling on a Sunday). We rule like the Seder
Olam, and not like the Gemara.

It should be noted that according to the Seder Olam, the tenth of Nisan
(the day that the animals for the Korban Pesach were designated) was not
Shabbos but Sunday -- contrary to what the TUR in OC 430 quotes from the
Seder Olam -- since the Jews left Egypt on a Friday, as the PERISHAH points
out.

(b) The SEFAS EMES explains that the TUR holds that the Jewish people went
out of Egypt on a *Thursday* (as he says in OC 430), and that the Torah was
given on a *Friday* and not on Shabbos, as the Pirkei d'Rebbi Eliezer ch.
46 maintains.

The Sefas Emes points out, however, that the Tur himself (OC 292) states
that the Torah was given on Shabbos.

(c) The RIVASH (#96) writes that the festival of Shavuos has nothing to do
with the day upon which the Torah was given. Shavuos comes fifty days after
the day of the Omer offering, whether or not it falls on the day that the
Torah was given. The reason we call Shavuos Z'man Matan Toraseinu is
because the way our calendar is set up, the festival falls on the sixth of
Sivan, which is the day of the month on which the Torah was given
(according to the Rabanan, whose opinion we follow). Unlike the day upon
which the Torah was given, our 6th of  Sivan falls *fifty* days after the
Omer offering, while the original day of Matan Torah was fifty-one days
after the Omer (because they left Egypt on a Thursday and received the
Torah on Shabbos, as our Gemara states).

(d) The MAGEN AVRAHAM (OC 494) cites from SEFER ASARAH MA'AMAROS that by
adding a day on his own, Moshe Rabeinu alluded to the second day of Yom Tov
which is observed outside of Israel. Thus, the Torah was actually
*supposed* to have been given on the fiftieth day after the Omer of that
first year, which is why our holiday begins on the fiftieth day after the
Omer. The Torah was actually given on the fifty-first day to symbolize that
that day would be Yom Tov as well, when the Jews would go into exile. That
is, just like Moshe Rabeinu made that day into the day of Kabalas ha'Torah,
the Rabanan would later make that day into Yom Tov. 

The BEIS HA'LEVI (Parshas Yisro) expands on this idea, explaining that even
though the Jewish

Re: The movie version of The Chosen

2002-05-15 Thread Mordecai Kornfeld

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Re: The movie version of The Chosen

Bruce Ledewitz [EMAIL PROTECTED] asked:

At the end of the movie version of the book, The Chosen, the narrator tells 
what he calls a story from the Talmud about the son of a king who has 
strayed from his father. The boy is told to return to his father but 
he replies that he cannot. The king then sends a message--Come as far as 
you can and I will meet you the rest of the way. 
 
This is a beautiful story and I don't doubt its authenticity, but I have 
been unable to locate it in the Babylonian Talmud. Does anyone know where it 
comes from? Please e-mail [EMAIL PROTECTED] 

Bruce Ledewitz, Pittsburgh, Pa.
--
The Kollel replies:

There is no such story in the Talmud, nor does it appear in any other
Jewish source, to the best of my knowledge. G-d does not come to meet us
halfway. What the Midrash does say is, If you open for me an aperture as
small as the eye of a needle (in your hearts), I will open for you
apertures large enough for carriages to enter. (Midrash Raba Shir
ha'Shirim 5; Kol Dodi Dofek). Or, in the words of the Talmud (Yoma 38b),
If a person comes to better himself, he is given Divine Help to accomplish
his goals.

Although I haven't seen the movie, I understand that The Chosen included
numerous misrepresentations of Jewish law and literature.

Best wishes, 
M. Kornfeld

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Bava Basra 049: Relinquishing of Chazal-given benefits

2002-05-15 Thread Mordecai Kornfeld


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Bava Basra 049: Relinquishing of Chazal-given benefits

Gidon Schneider [EMAIL PROTECTED] asked:

if a woman tells her husband she does not want him to feed her and in return 
she will not give him her property - she is diminishing HIS Chazal given 
benefit - how can she do this?

Gidon Schneider, London, England
--
The Kollel replies:

The benefit Chazal gave him to receive her earnings was meant as a
reciprocation for requiring him to feed her. The main purpose, though, was
to see to it that she would be fed. He is given her earnings only to ensure
that he keeps his own part of the deal. Therefore, if she decides to forego
being fed, Chazal no longer gave him her earnings. (See Kesuvos 58b)

M. Kornfeld

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Bava Basra 052: Rabeinu Yashar Gaon?

2002-05-14 Thread Mordecai Kornfeld

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Bava Basra 052: Rabeinu Yashar Gaon?

noah zablotsky [EMAIL PROTECTED] asked:

the rashbam brings the abbreviation meish which stands for rabbinu yashar 
gaon. I searched in the seder hadoros and other sefurim on that era and 
didn't find a mention of a gaon with this name. 

Noah Zablotsky, New York, USA
--
The Kollel replies:

The abbreviation stands for Rav Yisrael Gaon (as pointed out by the
MAHARSHAL, see HAGAHOS MAIMONIYOS to Hilchos Nachalos, 9:8). According to
Rav Refael Halpern (Atlas Etz Chaim, vol. 6 #226 -- I haven't found his
sources) there wasa Rav Yisrael Gaon, son of Rav Shmuel bar Chofni Gaon,
who was a brother in law of Rav Hai (last of the Geonim) and who authored a
work on Hilchos Tefilah.

M. Kornfeld

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