I just started learning the 4th Perek of Megillah with my chavrusah (for those who are interested, my chavrusah needs to prepare for a summer shiur he gives so we are taking a short break from Chullin) and the first sugyah we got into was ma'alin b'kodesh v'ein moridin.
As of now I don't have much to say about it but I did discover something interesting. I always assumed ma'alin b'kodesh means that once something is brought to a higher level then you can't bring it to alower level. However, it seems clear from the gemara in Menochos 99a that it means more than that.
The gemara says that there were 3 shulchanos upon which they put the lechem hapanim. Two were by the ulam and one was in the heichal. The kohein would enter, put the lechem hapanim on one shulchan, then enter the heichal and put it on the 2nd shulchan and then before they left the beis hamikdash they would put it on the 3rd shulchan located by the ulam. The shulchan in the heichal was made of gold and that was the original shulchan of Moshe. However, the first shulchan used was made of marble. The reason is since the lechem hapanim would eventually be placed on a gold shulchan, they put the lechem on a marble one first so they would be m'kayim the idea of "ma'alin b'kodesh".
We see that "ma'alin b'kodesh" is its own din and not just a "metzius" issue that if you were ma'alin then you are not "moridin".
Friday, April 28, 2006
Thursday, April 27, 2006
More On The Mordechai
As I noted in the comments to my last post what is really bothering me about the Mordechai is that by the blind person, there are two people involved and Reuvain the blind person is being motzei Shimon. When Shimon fullfills his chiyuv he fullfills his chiyuv on a d'oreisa level even though Reuvain's chiyuv is only d'rabanan. By the kiddush before tzais case Reuvain is in effect being motzi himself. At the time he makes kiddush he is only fullfilling his chiyuv d'rabanan. His potential chiyuv d'oreisa will never be fullfilled
The Ksav Sofer (Shut Ksav Sofer Orach Chaim 99) has a lengthy teshuva on the status of a koton who becomes Bar Mitzvah in the middle of sefirah. At the end of the teshuva he quotes this Mordechai and he basically says that what was bothering me is in fact the chiddush of the Mordechai. I guess the Ksav Sofer wasn't bothered by this chiddush because he accepts it at face value. He also seems to write the same idea as R' Elchanan (see here from R' Chaim ) although he manages to write it in a few words.
As an aside, this teshuva is filled with different sevaros from different sugyos in Shas on the whole inyan someone who was patur and now becomes chayuv (This would apply to a koton, a ger an eved and someone who was crazy and now is sane). It is definately k'dai to go through if you are learning this sugyah.
The Ksav Sofer (Shut Ksav Sofer Orach Chaim 99) has a lengthy teshuva on the status of a koton who becomes Bar Mitzvah in the middle of sefirah. At the end of the teshuva he quotes this Mordechai and he basically says that what was bothering me is in fact the chiddush of the Mordechai. I guess the Ksav Sofer wasn't bothered by this chiddush because he accepts it at face value. He also seems to write the same idea as R' Elchanan (see here from R' Chaim ) although he manages to write it in a few words.
As an aside, this teshuva is filled with different sevaros from different sugyos in Shas on the whole inyan someone who was patur and now becomes chayuv (This would apply to a koton, a ger an eved and someone who was crazy and now is sane). It is definately k'dai to go through if you are learning this sugyah.
Wednesday, April 26, 2006
Chiyuv D'Rabanan Being Motzei A D'Oraisa: An Interesting Mordechai
In preparing for this week's shiur (which is about whether a katan who becomes bar mitzvah in the middle of sefira has a chiyuv to count) I came across an interesting Mordechai in Megillah (798) that is quoted by the Minchas Chinuch (Parshas Emor).
The Mordechai asks how can I blind person who only has a chiyuv d'rabanan be motzei his children in kiddush since they have a chiyuv d'oreisa. He brings a rayah that this works from a gemara in Berachos. The gemara says that one can be m'kabeil Shabbos early and make kiddush. The Mordechai understands that your chiyuv kiddush before tzais is only d'rabanan. Nevertheless, you will not have to make kiddush again after tzais even though your chiyuv kiddush which will turn into a chiyuv d'oreisa after tzais. Therefore, we see from here that a d'rabanan can be motzei a d'oreisa and a blind person can make kiddush for his children.
My problem with this Mordechai is that it seems to me the two cases are not similar. Unless what the Mordechai means is that if the case in Berachos is okay (kiddush before tzais) then certainly the blind person case is also fine.
The Mordechai asks how can I blind person who only has a chiyuv d'rabanan be motzei his children in kiddush since they have a chiyuv d'oreisa. He brings a rayah that this works from a gemara in Berachos. The gemara says that one can be m'kabeil Shabbos early and make kiddush. The Mordechai understands that your chiyuv kiddush before tzais is only d'rabanan. Nevertheless, you will not have to make kiddush again after tzais even though your chiyuv kiddush which will turn into a chiyuv d'oreisa after tzais. Therefore, we see from here that a d'rabanan can be motzei a d'oreisa and a blind person can make kiddush for his children.
My problem with this Mordechai is that it seems to me the two cases are not similar. Unless what the Mordechai means is that if the case in Berachos is okay (kiddush before tzais) then certainly the blind person case is also fine.
Tuesday, April 25, 2006
Interesting Gabbai Shailos
I happen to be a gabbai in my shul, and over Pesach two interesting shailos came up.
1) On Shabbos Chol HaMoed, the chazzan was given the maftir sefer torah. The question is, can you switch the sifrei torah or must you read the regular leining from teh maftir torah (and vice versa) . This would obviously necessitate rolling the maftir torah to the regular leining and rolling the regular torah to maftir.
The Piskei Teshuvos (which happens to be a great reference sefer for times like these) quotes a Biur Halacha in Hilchos Chanuka and a Prim Migadim in Hilchos Kriyas HaTorah that one can switch teh torahs. Not only that the Biur Halacha says even if you already opened the wrong sefer up you can roll it back up and exchange it for the right sefer.
2) On Chol Hamoed Pesach you don't recite kaddish until after you read the second sefer. Should you put the first sefer back on the shulchan before saying Kaddish?
Once again the Piskei Teshuvos provides the answer. It is a machlokes Magan Avraham and Pri Megadim. The MG"A says on a day when you read 3 sifrei torah and kaddish is said after the second sefer, you should put all 3 on the bima. The Pri Megadim says you only need to put the last two on the bima. It would come out in our case the MG"A would say to put both on the bima and teh Pri Megadim needs only the second one on the bima. It seems the minhag haolam is like the Pri Megadim.
1) On Shabbos Chol HaMoed, the chazzan was given the maftir sefer torah. The question is, can you switch the sifrei torah or must you read the regular leining from teh maftir torah (and vice versa) . This would obviously necessitate rolling the maftir torah to the regular leining and rolling the regular torah to maftir.
The Piskei Teshuvos (which happens to be a great reference sefer for times like these) quotes a Biur Halacha in Hilchos Chanuka and a Prim Migadim in Hilchos Kriyas HaTorah that one can switch teh torahs. Not only that the Biur Halacha says even if you already opened the wrong sefer up you can roll it back up and exchange it for the right sefer.
2) On Chol Hamoed Pesach you don't recite kaddish until after you read the second sefer. Should you put the first sefer back on the shulchan before saying Kaddish?
Once again the Piskei Teshuvos provides the answer. It is a machlokes Magan Avraham and Pri Megadim. The MG"A says on a day when you read 3 sifrei torah and kaddish is said after the second sefer, you should put all 3 on the bima. The Pri Megadim says you only need to put the last two on the bima. It would come out in our case the MG"A would say to put both on the bima and teh Pri Megadim needs only the second one on the bima. It seems the minhag haolam is like the Pri Megadim.
Welcome Back
I hope everyone had a nice Pesach. Every year it always seems to go by too fast. Now that Pesach is over and my work obligations have slowed down, I hope to pick up with my blogging.
Tuesday, April 11, 2006
Pesach Break
I will probably not be posting anything until after Pesach. As it is I have had little time to post due to Pesach preperations and work obligations. Have a Chag Kosher V'Sameach.
Parsha Chanura Tzav/Pesach: Inyanei Afikomin
This week's chaburah was taken from a few pieces found in Harirei Kedem by Rav Shirkin. For those who don't know, Rav Shirkin was a talmid of Rav Soloveirchik and the sefer Harirei Kedem is a selection of pieces that he heard from Rav Soloveitchik on the Moadim.
The gemara in Pesachim (119B) says that "ain maftirin acher hapesach afikomon" which loosley translated means "don't eat anything after the Korbon Pesach". The same halacha is mentioned regarding the matzah we eat at the end of the seder.
The question is what is the reason for this halacha.
Shittas Rashbam/Rosh
You have to eat the korbon pesach when you are full. If we allow you to eat after the korbon pesach there is a concern that you will eat the korbon pesach on an empty stomach and eat the rest of the meal afterwards. Therefore, a taknah was made that you can't eat after the korban pesach and this will ensure you are full when you eat the korbon.
B'zman hazeh, we eat the afikomon matzah as a zecher to what they did when they had a korbon pesach.
There is one difference between the Rosh and the Rashbam. The Rashbam holds that b'zman hazeh the matzah we eat is a zecher to the matzah that was eaten with the korbon and the Rosh holds it is azecher to the korbon that was eaten. (Nafka mina is whether the afikomon matzah is the ikkar mitzvah of matzah).
Shittas Tosfos/Rambam
Tosfos and the Rambam seem to understand the reason is so that the taste of the matzah/korbon will last. The Rambam seems to learn that it is a din in the achilas hamatzah. Since eating the matzah is a mitzvah we want the taste of the matzah to last the night.
Rav Shirkin actually brings down a Brisker Rav that this yesod should apply to all mitzvas achilah. Howeevr, Rav Shirkin then tries to prove it is only a special inyan for matzah and korbon pesach.
There is also a Ba'al HaMeor and Milchamos on this. ayin sham.
Nafka Mina
1) If one eats after the afikomon does one need to eat the afikomon again?
Rashbam/Rosh: No. It is only an issur/gezeirah in the first place so if you were oveir the gezeirah what can you do.
Rambam/Tosfos: Yes. You need to have ta'am matzah in your mouth.
2) Can one eat just one piece of matzah the whole night by motzi matzah and nothing else or do you need to eat a piece at the end of the seder also.
Rashbam/Rosh: No. Since the gezeirah is so you eat the korbon when full, you would need to be full when you eatthe afikomon. When you eat the first piece of matzah you ate it on an empty stomach so you would have to eat again.
Rambam/Tosfos: Yes. As long as you have ta'am matzah in your mouth it is sufficient
3) Tenai of the Avnei Nezer: If one has not eaten the afikomon by chatzos the Avnei Nezer says eat the afikomon with a tenai, finish your meal and eat another piece of matzah. The tenai is if the halacha is like R' Eliezer Ben Azaria and the mitzva is until chatzos so this piece is teh afikomon. If we pasken that you have until alos hashachar so this piece is not the afikomon and the last piece you eat after the meal is the afikomon.
The question is does this tenai work acc. to the different Rishonim. I will leave this hanging since I am unclear on this part. You can look in the Harirei Kedem to see how he explains it.
The gemara in Pesachim (119B) says that "ain maftirin acher hapesach afikomon" which loosley translated means "don't eat anything after the Korbon Pesach". The same halacha is mentioned regarding the matzah we eat at the end of the seder.
The question is what is the reason for this halacha.
Shittas Rashbam/Rosh
You have to eat the korbon pesach when you are full. If we allow you to eat after the korbon pesach there is a concern that you will eat the korbon pesach on an empty stomach and eat the rest of the meal afterwards. Therefore, a taknah was made that you can't eat after the korban pesach and this will ensure you are full when you eat the korbon.
B'zman hazeh, we eat the afikomon matzah as a zecher to what they did when they had a korbon pesach.
There is one difference between the Rosh and the Rashbam. The Rashbam holds that b'zman hazeh the matzah we eat is a zecher to the matzah that was eaten with the korbon and the Rosh holds it is azecher to the korbon that was eaten. (Nafka mina is whether the afikomon matzah is the ikkar mitzvah of matzah).
Shittas Tosfos/Rambam
Tosfos and the Rambam seem to understand the reason is so that the taste of the matzah/korbon will last. The Rambam seems to learn that it is a din in the achilas hamatzah. Since eating the matzah is a mitzvah we want the taste of the matzah to last the night.
Rav Shirkin actually brings down a Brisker Rav that this yesod should apply to all mitzvas achilah. Howeevr, Rav Shirkin then tries to prove it is only a special inyan for matzah and korbon pesach.
There is also a Ba'al HaMeor and Milchamos on this. ayin sham.
Nafka Mina
1) If one eats after the afikomon does one need to eat the afikomon again?
Rashbam/Rosh: No. It is only an issur/gezeirah in the first place so if you were oveir the gezeirah what can you do.
Rambam/Tosfos: Yes. You need to have ta'am matzah in your mouth.
2) Can one eat just one piece of matzah the whole night by motzi matzah and nothing else or do you need to eat a piece at the end of the seder also.
Rashbam/Rosh: No. Since the gezeirah is so you eat the korbon when full, you would need to be full when you eatthe afikomon. When you eat the first piece of matzah you ate it on an empty stomach so you would have to eat again.
Rambam/Tosfos: Yes. As long as you have ta'am matzah in your mouth it is sufficient
3) Tenai of the Avnei Nezer: If one has not eaten the afikomon by chatzos the Avnei Nezer says eat the afikomon with a tenai, finish your meal and eat another piece of matzah. The tenai is if the halacha is like R' Eliezer Ben Azaria and the mitzva is until chatzos so this piece is teh afikomon. If we pasken that you have until alos hashachar so this piece is not the afikomon and the last piece you eat after the meal is the afikomon.
The question is does this tenai work acc. to the different Rishonim. I will leave this hanging since I am unclear on this part. You can look in the Harirei Kedem to see how he explains it.
Monday, April 03, 2006
Parsha Chabura VaYikra: The Mitvah Of Bringing A Korbon
This week's chaburah was about where does the mitzvah of bringing a korbon fit into the minyan hamitzvos.
There is a machlokes between the Rambam and Ramban on this point.
Shittas Rambam
The Rambam in Shoresh 12 of his Sefer HaMitzvos explains that whenever you have a mitzvah that requires several actions, you do not count each action or melacha as a separate mitzvah. One example he brings is the mitzvah of korbon. Although each type of korbon (oleh, shelamim, chatas) is counted as a separate mitzvah, the various acts that go into the korbon like skinning the animal or bringing wine are not counted as a mitzvah. The only exception is when you have an act that applies to all the korbonos. For example, the requirements that a korbon be 8 days old, not have a blemish and be brought with salt are all counted as 3 separate mitzvos. The reason is because these requirements apply to all korbonos and are not limited to specific korbonos.
Parenthetically, the Rambam is coming l'afukei the B'HaG who counts the various acts of the korbonos like mixing of oil and flour and the kemitzah as separate mitzvos.
Shittas HaRamban
The Ramban in princple agrees with the Rambam. However, he asks one question on the Rambam. Besides listing as a mitzvah the actual hakravah of the korbon the Rambam also liosts as a mitzvah the chiyuv to bring it. The Ramban asks why does this not fall under the catagory of not listing the various melachos of the mitzvah. The Ramban also rejects the idea that the mitzvas haba'ah (to bring the korbon) is on the owner and the mitzvas hakravah on the mizbeiyach is on the kohanim. Therefore, the Ramban says you only count one mitzvah for each korbon. However, he does add that there is a general chiyuv on the kohanim to do the avodah and that is counted as a separate mitzvah.
Answering The Rambam
1) Both the Lev Sameach and Marginisa Tova say that the answer the Ramban rejects is precisely what the Rambam held. The Rambam held there was one mitzva on teh owners to bring the korbon to the kohein and a second mitzva on the kohein to bring it on the mizbeiyach.
The Marginisa Tova brings a rayah from the gemara in kiddushin 21B. The gemara discusses whether a kohein is "sh'luchei didan" (messenger of the owner) or
"sh'luchei d'rachmana" (messenger of Hashem). Tosfos paskens that they are "sh'luchei d'rachmana" (messenger of Hashem). Therefore, we can say that since they are messengers of Hashem it stands to reason the kohanim have their own mitzvah irrespective of the mitzva on the owners.
2) Rav Asher Weiss in his sefer Minchas Asher has a different teretz. He points out that the Rambam holds if the owner hands over his korbon nedava to the kohein, he has not fullfilled his obligation until the korbon is brought on the mizbeiyach. If the mitzvah hakravah is on the kohein (like the Marginisa Tuva says) so why is the owner not yotzei once he hands the animal to the kohein. Therefore, he quotes a Brisker Rav that the mitzva of bringing the korbon is really on the owners except there is a din in the chiyuv that it has to be done thru a kohein. Also, the Rambam does count the dinim of a mitzvah as a mitzvah. Therefore, he can count the chiyuv hakrava as a separate mitzva besides the ha'ba'ah. In the end he says you can answer his question from nedava differently. Ssince we are talking about a neder, the intention of the owner is to have the animal brought on teh mizbeiyach. Therefore, as long as the animal has not been brought on the mizbeiyach you have not fullfilled your neder even if the mitzvah is on the kohein.
There is a machlokes between the Rambam and Ramban on this point.
Shittas Rambam
The Rambam in Shoresh 12 of his Sefer HaMitzvos explains that whenever you have a mitzvah that requires several actions, you do not count each action or melacha as a separate mitzvah. One example he brings is the mitzvah of korbon. Although each type of korbon (oleh, shelamim, chatas) is counted as a separate mitzvah, the various acts that go into the korbon like skinning the animal or bringing wine are not counted as a mitzvah. The only exception is when you have an act that applies to all the korbonos. For example, the requirements that a korbon be 8 days old, not have a blemish and be brought with salt are all counted as 3 separate mitzvos. The reason is because these requirements apply to all korbonos and are not limited to specific korbonos.
Parenthetically, the Rambam is coming l'afukei the B'HaG who counts the various acts of the korbonos like mixing of oil and flour and the kemitzah as separate mitzvos.
Shittas HaRamban
The Ramban in princple agrees with the Rambam. However, he asks one question on the Rambam. Besides listing as a mitzvah the actual hakravah of the korbon the Rambam also liosts as a mitzvah the chiyuv to bring it. The Ramban asks why does this not fall under the catagory of not listing the various melachos of the mitzvah. The Ramban also rejects the idea that the mitzvas haba'ah (to bring the korbon) is on the owner and the mitzvas hakravah on the mizbeiyach is on the kohanim. Therefore, the Ramban says you only count one mitzvah for each korbon. However, he does add that there is a general chiyuv on the kohanim to do the avodah and that is counted as a separate mitzvah.
Answering The Rambam
1) Both the Lev Sameach and Marginisa Tova say that the answer the Ramban rejects is precisely what the Rambam held. The Rambam held there was one mitzva on teh owners to bring the korbon to the kohein and a second mitzva on the kohein to bring it on the mizbeiyach.
The Marginisa Tova brings a rayah from the gemara in kiddushin 21B. The gemara discusses whether a kohein is "sh'luchei didan" (messenger of the owner) or
"sh'luchei d'rachmana" (messenger of Hashem). Tosfos paskens that they are "sh'luchei d'rachmana" (messenger of Hashem). Therefore, we can say that since they are messengers of Hashem it stands to reason the kohanim have their own mitzvah irrespective of the mitzva on the owners.
2) Rav Asher Weiss in his sefer Minchas Asher has a different teretz. He points out that the Rambam holds if the owner hands over his korbon nedava to the kohein, he has not fullfilled his obligation until the korbon is brought on the mizbeiyach. If the mitzvah hakravah is on the kohein (like the Marginisa Tuva says) so why is the owner not yotzei once he hands the animal to the kohein. Therefore, he quotes a Brisker Rav that the mitzva of bringing the korbon is really on the owners except there is a din in the chiyuv that it has to be done thru a kohein. Also, the Rambam does count the dinim of a mitzvah as a mitzvah. Therefore, he can count the chiyuv hakrava as a separate mitzva besides the ha'ba'ah. In the end he says you can answer his question from nedava differently. Ssince we are talking about a neder, the intention of the owner is to have the animal brought on teh mizbeiyach. Therefore, as long as the animal has not been brought on the mizbeiyach you have not fullfilled your neder even if the mitzvah is on the kohein.
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