Friday, May 19, 2006

A Brief Hiatus

Unfortunately, I will be traveling next week (work related) and will not have a chance to post anything. But don't worry I will return.

Thursday, May 18, 2006

Rav Wolfson:Parshas Bechukosai

Note: HaRav Isser Wolfson shlita is a noted talmid chacham, dayan and posek. The shiurim were transcribed by me and reviewed by Rav Wolfson. What you are reading is just an excerpt and not the whole shiur. I have also taken the liberty of making some slight editorial changes to the original version in order to make it read better. This week's excerpt is from Bechukosai 5763.

In the parsha HKBH promises to destroy the bais hamikdash if the B’nei Yisroel doesn’t listen to the Torah. There is a machlokes in the Toras Kohanim whether Nevuchadnetzar destroyed the first bayis entirely or if he just knocked down the walls but he left the yesodos. The Rash (Para 3:3) brings a Yerushalmi that Nevuchadnetzar only destroyed the walls but he left the yesodos. This is actually hinted to in the possuk “zechor Hashem livnei Edom es yom Yerushalayim v'omru arur arur ad hayesod bah”. Only Edom/Rome was able to destroy the yesodos of the bais hamikdash while Bavel only succeeded in knocking down the walls.
The Gemara says that even after the first churban, Yerushalayim still retained its kedusha. Tosfos Zevachim (Daf 60) asks why is this so? If there is no bais hamikdash how could Yerushalayim still retain its kedusha? Perhaps we can answer that there were really two kedushos to the Bais HaMikdash. The first kedusha was done thru Dovid HaMelech when he built the yesodos of the mikdash. The second kedusha was done thru Shlomo HaMelech when he built the rest of the bayis. Based on what we said above, the yesodos of the bayis were never destroyed. Therefore, this kedusha was never batul and consequently Yerushalayim can also retain its kedusha. It wasn’t until Edom destroyed the yesodos by churban bayis sheini that Yerushalayim lost its kedusha. This is also meduyak in the possuk we quoted above. The possuk says “zechor Hashem livnei Edom es yom Yerushalayim v'omru arur arur ad hayesod bah". Not only were the yesodos destroyed thru Edom but also the “Yom Yerushalayim” or the kedusha of Yerushalayim was destroyed as well.

Tuesday, May 09, 2006

Mazal Tov

MAzal Tov to my sister on the birth of a baby boy. May they have much nachas from him and he should grow l'torah v'chupah u'ma'asim tovim.

For those keeping score at home, that makes 3 nephews and 1 niece born since this blog started. In the last year (since July 8th when my daughter was born) my siblings and I have all had children born to us, 2 girls and 4 boys.

Parsha Chabura AchareiMos/K'doshim: Avoda of Kohein Gadol on Yom Kippur

This weeks chaburah discussed the role of the kohein gadol on Yom Kippur. The gemara in Yevamos (33a) learns from a g'zeiras hakasuv that the kohein gadol had to do the avoda on Yom Kippur. The question is, exactly which avoda is this referring to.

Shittas Ba'al Hamaor

The mishnayos in Perek 2 of Yoma discuss the four lotteries that were held everyday in the Beis HaMikdash. The Ba'al Hamaor in the beginning of Yoma asks why was it necessary to hold a lottery on Yom Kippur if the kohein gadol did all the avoda. He answers ain hachi nami there was no lottery on Yom Kippur.
Tosfos (20b) also quotes a shitta like this and brings the following rayah. The terumas hadeshen wasnormally done at alos hashachar. On Yom Kippur it was done at midnight due to the weakness of the kohein gadol. Tosafos writes that they didn't want to overtax the kohein gadol so they had a kohein hedyot do the terumas hadeshen and since a kohein hedyot couldn't do any avoda on Yom Kippur, they had to do it at midnight.

Shittas Ramban/Rambam

The Milchamos argues and says that the machshirei avoda was done by a kohein hedyot. The lotteries were to decide which kohanim got to do the machshirei avoda (ayin Tosfos Yom Tov 2:2 for a synopsis of the Ramban). Furthermore, the terumas hadeshen is an avodas liela and could be done by a kohein hedyot. They did it at midnight to give the kohein gadol more time to do the rest of the avoda on Yom Kippur.
The Rambam seems to agree with this but is mashma that there were only two lotteries not four (ayin avodsas yom kippur 4:1)

Shittas Ritva Yoma 12B

The Ritva says m'd'oreisa there was a chiyuv for the kohein gadol to do the special yom kippur avoda. It was only a mitzva for the kohein gadol to do the rest of the avoda which would have taken place even during the week (korbon tamid). However, Chazal created a chiyuv d'rabanan on the rest of the avoda but this chiyuv did not extend to the machshirei avoda.

He'oros/Nafka Mina

1) The Sha'ar HaMelech (Avodas Yom Kippur 1:1) has a long discussion whether a kohein hedyot who does the avoda on Yom kippur is chayav misa. Since he is considered a "zar" maybe this state of "zarus" creates a chiyuv misa (also see D'var Avraham Siman 23:14).
One could argue that according to the Ritva this kasha only applies to the avoda specifically done on Yom Kippur. For the other avoda even if it is a mitzva for teh kohein gadol to do it, a kohein hedyot could still do it and not be chayav misa.

2) The Chiddushei R' Aryeh Leib discusses the nature of kiddush yadayim v'raglayim on Yom Kippur. He writes that in actuality as long as you do one kiddush at the start of the day, the rest of the avoda isn't pasul even though you really need to do 10 kiddushins. However, the kiddush done for the treumas hadeshen (assuming the kohein gadol did it) would not work cause you need a kiddush yadyaim that was done for the Yom Kippur specific avoda-this is in line with the Ritva who he actually quotes.

3) I am not sure if the Ohr Sameach (Avodas Yom Kippur 4:1) agrees with this Ritva. The Ohr Sameach writes that when Yom Kippur falls on Shabbos, the musaf for Shabbos must be brought by the kohein gadol. The reason is that all the korbonos of that day get the status of a "Yom Kippur" korbon even if the reason they are brought is not because of Yom Kippur. This would imply that even the non Yom Kippur specific-avoda must be done by the kohein gadol and it is not just a mitzvah for the kohein gadol to do it.

Friday, May 05, 2006

Gabbai Shailos III

1) Calling up one's father

I always assumed that when one called up one's father you should just say "ya'amod avi mori" and not mention is name because of kibud av. However, I just saw in the Piskei Teshuvos (139:3) that he brings from a few sources including Shut Eretz Tzvi (Chelek 1 Siman 97) that you should say "ya'amod avi mori yosef ben shimon". I looked up the Eretz Tzvi and this is his reasoning. (derech agav I bought this 2 set DVD of 1800 shailos u'teshuvos for $36 from $36 I ever spent)

1) The Birchas Yosef (Yoreh Deia Siman 240) says it is only assur to call your father by his name if you don't say "avi mori" first.

2) The Yam Shel Shlomo brings a rayah from Kiddushin 31 that even if you say avi mori first you can't mention your father's name. However, the Eretz Tzvi says the rayah from Kiddushin is only where it is possible to avoid saying your father's name. By an aliyah you have to say the person's name. My understanding of this is that it is more of a kabbalastic/toras nistar reason as opposed to a halachic reason. Therefore, one could say avi mori followed by his name.

Personally, I am still not convinced that everyone says to do this.

2) Calling up the Ba'al Korei

This seems to be pretty straightforward. The Rema (139:3) says you shouldn't call him up at all since he is already there. However, I have never seen anyone follow this Rema. Maybe it's just out of ignorance. The Piskei Teshuvos also says the minhag is to call the ba'al korei up by name and it again seems to be based on this inyan of mentioning a person's name. However, he brings down that you should not say "ya'amod" because he is already there. It seems to me that most gabbaim call up the ba'al korei with "ya'amod yosef ben shimon". It could be out of ignorance or that is just minhag ha'olam.


I had a chance to hear Rav Dovid Feinstein's chumash shiur today. (Yes I do work but on slow Friday's I take my lunch break a little early and walk over to MTJ). I ask3ed him about the Rema and he said that minhag haolam is not like the Rema and we call up the ba'al korei by name.

Thursday, May 04, 2006

More Gabbai Shailos

I had a discussion today regarding on which side of the bima should the gabbai stand. It seems that in some shuls the gabbai stands to the right of the bima and in some shuls he stands to the left. Which is correct or are both correct.

The Shulchan Aruch in 141:3 writes that if the gabbai (or sirser as he is called in the Shulchan Aruch) gets an aliyah you should have someone else stand up by the bima. Both the Mishna Berurah and Aruch Hashulchan explain based on a Yerushalmi that ideally you need three people by the bima. The reason is because k'riyas hatorah represents mattan torah and at mattan torah there was HKBH, Moshe and B'nei Yisroel. The ba'al korei reprsents HKBH, the oleh represents B'nei Yisroel and the gabbai represents Moshe.

It seems everyone agrees the oleh stands to the right of the ba'al korei. Although the Mishan Berurah doesn't tell you where the gabbai stands the Aruch Hashulchan quotes a Levush that the gabbai should stand to the right of the bima. In other words the oleh is sandwhiched in between the ba'al korei and the gabbai. I had thought this makes sense m'sevara because the oleh represents B'nei Yisroel and it seems they should be in the middle between Moshe and HKBH.

The Piskei Teshuvos brings down another opinion from the Siddur Ya'avetz that the gabbai should be to the left of the bima and the ba'al korei should be in the middle and the oleh to the right of the ba'al korei.

The bottom line is there seems to be no right (or wrong) answer. Also, since most shuls have a gabbai sheini standing on the opposite side of the gabbai rishon it would seem you are yotzei both shittos. (Unless you say the gabbai representing Moshe has to call people up but I'm not sure if that makes sense)

I have one more shailah but I will get to it tomorrow. The shailah is a) how does a gabbai call up the ba'al korei and b) how how does a gabbai call up his father

Tuesday, May 02, 2006

Parsha Chabura Tazria/Metzora:Koton She'Higdil Toch Sefirah

This week's shiur was on the status of a koton who becomes Bar Mitzvah during sefirah. Do we say that the counting he did when he was a koton was meaningless, and since he missed some days he can no longer make a beracha or do we say he still retains the "temimus" and he can make a beracha.

The Achronim point out that this question is only according to the B'Hag who holds all of sefirah is one long mitzvah. If we assume not like the B'Hag that each day is independent mitzvah then of course he can make a beracha.

The Minchas Chinuch (Hil Sefiras HaOmer) addresses this issue and mentions two reasons why there is no chisaron of temimus.

1) A koton has a chiyuv m'd'rabanan of chinuch and his chiyuv d'rabanan can take care of his chiyuv m'd'oreisa. The Minchas Chinuch proves this from a Mordechai in Megilla (discussed in a previous post)

2) Even if there would be no chiyuv d'rabanan on the koton, at the end of the day he still had counted. He would not lose his temimus just because he counted as a koton.

The K'sav Sofer (Siman 99) also adresses this issue and makes a couple of poins.

1) Whether or not the koton has a chiyuv of chinuch is a machlokes Rashi and Tosfos (Berachos 48a). Rashi hold sthe chiyuiv chinuch is on the father and Tosfos holds it is on the koton. Furtehrmore, Tosfos holds a chiyuv d'rabanan can't be motzei a chiyuv d'oreisa. Therefore, according to both Rashi and Tosofos the koton's counting did not fulfill his chiyuv d'oreisa. According to Rashi a chiyuv d'rabanan CAN be motzei a chiyuv d'oreisa, HOWEVER a koton has no chiyuv chinuch. According to Tosofos a koton HAS a chiyuv chinuch but a chiyuv d'rabanan CAN NOT be motzei a chiyuv d'oreisa.

The K'sav Sofer concludes that we pasken like Tosfos and a koton has a chiyuv chinuch and since sefirah b'zman hazeh is only m'd'rabanan, the koton's counting will fullfill his chiyuv.

2) The Ksav Sofer also agrees that even if there was no chiyuv on the koton, he still counted and did not lose his temimus. However, he quotes a Noda B'Yehuda who argues (nafka mina by an onein who is patur from mitzvos, the Noda B'Yehuda holds he loses his temimus)

The final psak of the Ksav Sofer is that a koton who becomes Bar Mitzvah can count with a beracha. At best it is a s'fek s'feika. Safeik maybe we don't pasken like the B'hag and even if we do maybe we pasken like Tosfos and the koton has a chiyuv chinuch.

I saw brought down in the Piskei Teshuvos 3 shittos

1) the approach above that koton does not lose his temimus
2) his temimus only starts when he becomes a godol. Even if he did not count as a koton he can still make a beracha upon becoming Bar Mitzvah
3) the koton loses his status of temimus