Monday, April 30, 2007

Parshas Acharei-Mos Kedoshim: Standing Up

Well after a short work related hiatus, I hope I am back to regular posting. I'd like to publicly thank my personal blog Mashgiach for making sure I get back into it.

This week's shiur dealt with the mitzvah of standing up for various people.

Standing For A Parent

The Shulchan Aruch paskens that one must stand up for a parent. The question is, what is th em'kor for this halacha? When the gemara in Kiddushin lists those actions which are considered a part of kibbud av v'eim and yiras av v'eim, standing up is not mentioned. However, if one looks in the Rambam, he lists it as part of showing kavod. The Beis Yosef writes that the m'kor is from a gemara in Kiddushin that mentions how Rav Yosef would stand up when he heard his father coming.

Standing For A Talmud Chacham/Zakein

There is also a mitzvah to stand up for a talmud chacham or zakein. The m'kor is this week's parsha, "m'pnei seiva takum". The gemara has a machlokes whether this halacha only applies to a talmud chacham or even a zakein who is not a talmud chacham. L'ma'aseh we pasken it applies even to a regular zakein.

The Chinuch gives an interesting reason why this halacha would apply to a regular zakein. The whole point of this mitzvah is to show honor to someone who has acquired wisdom, since acquiring wisdom is one of the primary purposes of being created. Someone who is elderly has lived a long enough life that he by default has acquired chachma and therefore we are supposed to stand up for him.

Standing For A Rebbi Muvhak

There is also a mitzvah to stand for a rebbi muvhak. The question is, what is the reason for this chiyuv. Is it an extension of the chiyuv of standing for any talmud chacham or is it a different chiyuv.

If one looks in the Chinuch and the Rambam Sefer HaMitzvos (Aseh 209) it seems that they learn the chiyuv of a rebbi muvhak is just an extension of standing for a regular talmud chacham. Part of this extension woud also include other areas where one is obligated to show respect to his rebbi muvhak (not arguing with him, sitting in is place etc). The Ran in Kiddushin (daf 14 in the Rif) also seems to hold this as well.

However, the Brisker Rav (1st piece in the sefer) that Tosafos in Bava Kama as well as the Rambam in Mishna Torah seem to learn standing for a rebbi muvhak is an independent chiyuv not related to satnding for a zakein/talmud chacham. This independent chiyuv is learnt from the drasha of "es Hahshem elokecha tira-es l'rabbos talmidiei chachamim". Tosafos in Bava Kama asks why do we need this drasha of "es l'rabbos talmidiei chachamim" why not use the possuk of "mipnei seiva takum" Tosafos answers that es l'rabbos talmidiei chachamim refers to a rebbi muvhak. The Rambam in Hilchos Talmud Torah writes that the chiyuv to show kovod and yirah to a rebbi muvhak is learned from kibud av v'eim. We see that they hold standing for a rebbi muvhak is a special din of kovod and yirah that is not related to standing for an elderly person.

Stay tuned for the nafka minas to these chakirah.

Friday, April 13, 2007

Post Pesach Wrap Up.

I hope everyone had a nice Pesach. I saw and heard some interesting divrei torah over Pesach. Here are a couple of highlights.

1) If you rent a hotel room on Pesach that has a mini bar, are you a) chayav in bedika b) obligated to get rid of the chametz in the mini bar.

I saw that Rav Asher Weiss talks about this and he takes it as a davar pashut that not only are you chayav in bedika but you must get rid of the food in the mini bar. His reasoning is that you have been m'kabeil acharyus on the food and the halacha is that if a Jew has chametz of a non Jew in his reshus and he is m'kabeil achrayus on the chametz then he has a chiyuv bedika.

When looking into the sugya a little a did find that it is a machlokes Rambam vs Ra'avad where the non Jew imposes a chiyuv achrayus ba'al korcha. However, it might not be nogeia to this case because my understanding of that machlokes is that it is a situation where the non Jew is acting against the laws of the medina. (The case in the gemara is where the army forces the city to host the army against the laws of the land). It could be my understanding of the machlokes is not accurate and it is nogeia are case but on the surface it doesn't seem to be.

I spoke this issue over with a noted Talmud Chacham and he was mesupak. He said it probably depends on what exactly your obligations are to the hotel regarding the food.

2) I spent the last days in Flatbush and the Rav of my in-law's shul spoke a little about Yom Tov Sheini. He raised in an interesting shailah discussed in the Sha'arei Teshuva. Can a ben Chutz L'Aretz cook for a ben EY on Yom Tov Sheini. The two reasons the Rav mentioned was a) it is not "lachem". Just like you can't cook for a non Jew because it is not "lachem" so too you can't cook for a ben EY since it is not Yom Tov for him b) there is an issur hachana. For the ben Chutz L'Aretz it is Yom Tov and for the ben EY it is a weekday. When you cook for the ben EY you are cookimg on Yom Tov for a weekday.

I looked up the Sha'arei Teshuva and he just quotes this opinion withouit bringing the reasons so I didn't have a chance to see these reasons inside. (Although the Rav mentioned that it is discussed in the sefer Yom Tov Sheini K'Hilchaso. In any event I think one can be choleik on both reasons.

As far as the reason of "lachem", it would depend on how you learn the nature of the drasha. Is it excluding anyone who is not keeping Yom Tov, or is it excluding only those who are not in the parsha of Yom Tov. A ben EY has a mitzva of Yom Tov, just today it happens to be a weekday for him. So maybe it is still called "lachem".

Regarding the reason of hachana, I don't see how it is hachana. L'ma'aseh the ben Chutz L'Aretz is cooking on Yom Tov for today. Just because it is not Yom Tov for the ben EY doesn't mean you are cooking for a different day. Why look at the gavra you are cooking for, look at which day you are cooking for.