Friday, August 25, 2006

Lo Sasur II

The Derashos HaRan (in Derasha 5,7 and 12) discusses the issur of "lo sasur". Interestingly, he seems to say the same idea as R' Elchanan but in a slightly different manner. The Ran writes that the koach to decide halacha was given to the chachamim and the halacha follows the majority. This is learnt from the passuk "acharei rabim l'hatos". In other words the obligation to listen to a majority consensus is based on this possuk. Then in the same sentence the Ran equates this obligation with the issur of "lo sasur". However, the Ran understands "lo sasur" as only applying to derashos and gezeiros decided by the Sanhedrin in the Beis HaMikdash. It would seem that both R' Elchanan and the Ran hold there are 2 dinim. One obligation is to listen to the Sanhedrin which is based on "lo sasur". The other obligation is to listen to the majority. The Ran learns this from "acharei rabim l'hatos" and R' Elchanan learns it is part of lo sasur.
Am I reading to much in to the Ran or is my understanding correct?

Wednesday, August 23, 2006

Lo Sasur-When Can One Argue

My good friend Chaim Brown has posted about Lo Sasur on his blog over here . In looking up the Rav Elchanan (Kuntres Divrei Sofrim 1:35-39) that he quoted, I noticed another Rav Elchanan that was also interesting. R' Elchanan in Siman 2 discusses how is it possible to argue on a psak if there is an issur of "lo sasur". R' Elchanan explains based on the Rambam in his intorduction to the Yad and the Rambam in the beginning of Hilchos Mamrim that there are two qualifications for a psak to be included in "lo sasur". The first is mefurash in the Rambam in Hichos Mamrim that it has to be a psak coming from the Sanhedrin located in the Beis HaMikdash. (Exactly what type of psak is a different question all together, and maybe I will discuss it later). The second qualification is that if teh majority of the chachamim decide a halacha then one is not allowed to go against it. The source for this is based on the loshon of the Rambam in his hakdamah to the Yad. R' Elchanan then adds that with this we can explain why the amoraim were not allowed to argue on the tanaim. (This is the Kesef Mishna's question in Hil Mamrim Perek 3). Since the chasimas hamishna was established by rov chachamim, it comes out that to argue on the mishna would be a violation of lo sasur. The same reasoning would explain why we can no longer argue on teh gemara after the chasimas hatalmud.

Thursday, August 17, 2006

Kedushas Beis Keneses

The gemarah in Megilla (Daf 26-27) discusses the laws behind selling a shul. The question addressed in the Rishonim is what kind of kedusha does a shul actually have. The Ramban (brought in the Ran) holds that a shul doesn't have any intrinsic kedusha. It is considered tashmishei kedusha like a lulav and sukkah. Once people decide that they no longer want to use the shul, it loses it's status of tashmishei kedusha. The Ran on the other hand understands that a shul does have kedusha which can't be taken away without some type of pidyon.

There are several nafka mina between the 2 shittos.

1) The status of the money: Everyone agrees that the money you received has some sort of kedusha the only question is why. The Ramban understands that everything revolves around the da'as of the community. Once they decide they don't want to daven in a shul the shul loses any kedusha it has. However, this da'as does not extend fully to the money. Their da'as is that a lesser kedusha extends to the money. The Ran on the other hand holds that since the money is in effect a pidyon for the shul, there is kedusha on teh money. However, it is a "kedusha kilisha", a lesser kedusha since this money was never designated as a davar sh'b'kedusha.

Interestingly, both the MG"A and Taz in O.C. 153 hold that the money has no intrinsic kedusha.

2) The gemara says that if you sell a shul with "7 tuvei ha'ir b'ma'mad anshei ha'ir" then you can use the money for whatever you want. Once again the question is why. The Ramban understands that since you have "7 tuvei ha'ir b'ma'mad anshei ha'ir", this means that teh community does not want any form of kedusha to remain at all, even on the money. Since no kedusha remains you can use the money for whatever you want. The Ran understands the reason to be that it is a special halacha that with "7 tuvei ha'ir b'ma'mad anshei ha'ir" you can remove the kedusha from teh money without having to transfer it anywhere (kedusha paka b'k'di).

3) Giving a shul as a matana. The gemara brings a machlokes whether a shul can be given as a matana. The tzad that itis muttar is because you are getting some ha'na'ah by giving it away. The Ran understands this k'peshuto. Since you need to redeem the kedusha of a shul, in this case you are redeeming it with the hana'ah. Furthermore, we are dealing with a case where it was given with the consent of "7 tuvei ha'ir b'ma'mad anshei ha'ir". You need this p'rat because the hana'ah is going to chullin and is not remaining kodesh. The Ramban understands that you are actually getting some d'var mitzvah back and that is what causes the community to give it away. Also, you don't need "7 tuvei ha'ir b'ma'mad anshei ha'ir" since you only need "7 tuvei ha'ir b'ma'mad anshei ha'ir" to remove the kedusha from the money which doesn't apply here.

Wednesday, August 02, 2006

Doing Laundry Motzei Tisha B'Av

Because Tisha B'Av falls out on a Thursday, we don't have to wait until chatzos 10 Av to bathe, do laundry and get a haircut because of kovod Shabbos. (see MG"A 558:1). The question is can one begin even Thursday night. I don't have time to go thru all teh mareh m'komos that I found so I'll just tell you to look at the Taz in 551:14 who brings a Tosfos that allows you to start washing and getting a haircut after chatzos of 9 Av! Although the Taz doesn't pasken like that Tosafos, nireh li that the Taz agrees to the sevara that once things are muttar l'kovod shabbos it doesn't have to wait until Friday morning. From here it would be mashma one could start Thursday night. The Piskei Teshuvos brings numerous poskim who all say you can start Thursday night.

However, before you fire up the washing machines there might be one caveat. The Shmiras Shabbos brings down from Rav Shlomo Zalman that the heter is due to kovod Shabbos. Therefore, only laundry needed for Shabbos can be done before chatzos on Friday. This might get into the question whether kovod Shabbos removes the whole "issur" of 10 Av or we just say that the issur is there but for a mitzvah (i.e. kovod Shabbos) it is muttar.

One could also ask whether even l'fi Rav Shlomo Zalman would one be allowed to mix weekday and Shabbos clothing in the same machine. M'sevara I would say no since it is not a tircha issue but a nihug aveilus issue.

L'ma'aseh I don't know what people do. I assume most people don't follow this psak of Rav Shlomo Zalman but I could be wrong. My Rav thought one could do all laundry not like Rav Shlomo Zalman.

Tuesday, August 01, 2006

Shabbos Chazon:HKBH's Watching Us

The Aish Kodesh (Rav Klonomous Kalman from Piaczena) asks why is the Shabbos called Shabbos Chazon? The obvious answer is that it is named for the haftorah, but this just leads to the question why is this Shabbos named for the haftorah. He answers that there are different madreigaos of nevuah. A nevuah that starts with "chazon" means that the navi actually saw the nevuah that he received as opposed to just hearing about it.

Seeing something has a much more powerful effect on a person than just hearing about something. That is why the amoraim said that they did not wish to see the chevlei moshiach because it would be too hard for them. What difference does it make if they saw it or not-they undoubtallyt were aware of what would happen during chevlei moshiach. If they could handle knowing about it why could they not handle seeing it. The Aish Kodesh answers that it is because seeing something has a much more powerful effect on a person than just knowing about something.

Shabbos Chazon represents the idea that the tzorus of golus will be seen. In other words, HKBH Himself will come down to see the tzorus and not just "hear" about it in shamayim. The result will be that HKBH will feel our pain more acutely and will be more affected by our tears. This will lead to HKBH having rachmanus on us and taking us out of this golus.

We have had a lot of pain over the years and it continues even today. May HKBH see our tzorus and feel our pain and bring the geulah shlaima b'korov.