Monday, January 11, 2010

Parshas Shemos:Shem HaMeforesh

HKBH tells Moshe "Zeh shimi l'olam v'zeh zichri l'dor dor". The gemara in Kiddushin learns from here that one must pronounce the shem havayah with the shem adnus. The Brisker Rav and Rav Moshe both have the following chakirah:

When one says the shem adnus are you really reading the shem havayah or are you reading a different name of HKBH.
This chakirah can also be asked by a regular kri u'kisiv. However, both the Griz and Rav Moshe point out that the halacha by the shem hameforash is not the same as a kri u'kisiv. It is a different halacha which applies anytime you say Hashem's name.
Both Rav Moshe and the Griz hold that you are really reading the shem havayah. However, by a regular kri u'ksiv they disagree. Rav Moshe holds you are reading the word that is written while the Griz (Griz al HaTorah Parshas Va'Eschanan) holds you are reading a different word.

Nafka Mina

1) If part of the shem hameforash is covered with wax do you need to take out another sefer torah. Rav Moshe writes that if you assume the shem adnus is a different name than the shem havayah so you can argue that you were never reading the shem from the klaf. It was always ba'al peh. Therefore, even if the word is covered by wax you can still read it. However, since we hold that by reading the shem adnus you are really reading the shem havayah, so you must get another sefer torah. (According to this l'fi the Griz by a regular kri u'ksiv you would not need another sefer torah)

2) The Rambam in Hil Avodah Zara 2:7 has 2 opinions if you are chayav misa for being m'kaleil with the shem adnus. The Brisker Rav (al HaRambam AZ 2:7) writes that it is toloi on the chakirah. If by saying the shem adnus you are really saying the shem havayah then you are chayav misa, but if it is a different name than you woul dnot be chayav.

3) The Mechabeir and GRA in Orach Chaim Siman 5 argue what kavanah you need to have when saying shem Hashem in davening/berachos. The Mechabeir holds you need kavanah for shem havayah and shem adnus. The GRA holds that you only need kavanah for shem adnus (except for Shema where you need both). Achronim explain the machlokes is based on the chakirah. The Mechabeir holds shem adnus is same as shem havayah so you need kavanah for both. The GRA holds the shem adnus us a separate name and all you need kavanah for is shem adnus.

Thursday, January 07, 2010

Motherhood:Parturition or Gestation revisited

I just saw an article in the Jerusalem Post (hattip) that Rabbonim are now paskening motherhood follows the egg donor and not the one who gives birth. The article does not discuss what changed. See (here) for my original post.

Monday, January 04, 2010

Parshas VaYichi:Attempting To Do An Aveirah

This week I spoke about an interesting Ohr HaChaim. Yosef told his brothers not to worry about having sold him since in the end it all turned out for the best. The Ohr HaChaim writes that this is similar to someone who tries to poison another person and in the end mistakenly gives that person a cup of wine. Since in the end of the day nothing bad happened the attempted murderer is patur even from dinei shamayim.

The Kli Chemdah among others asks that this is against a gemara in Nazir 23a. The gemara says that if a woman becomes a nazir, and drinks wine not knowing that her husband had previously annulled her vow, that she is still chayav malkos m’d’rabanan. The gemara compares it to someone who eats a piece of meat thinking it is chazir and in the end it turns out to be kosher. We see from here that one is punished for bad intentions even if they did not lead to any aveirah.

The Kli Chemdah answers that there is a difference between aveiros Bein Adam L’Makom and Bein Adam L’Chaveiro. By Bein Adam L’Makom, HKBH knows your thoughts and it makes no difference if you only thought about the aveirah or you did the aveirah. Even though we say you are generally not punished for your thoughts that is only where no action occurred. However, here, since you did an action, albeit a muttar action, you are still punished. By Bein Adam L’Chaveiro, since people only know your deeds and not your thoughts you are not punished for your thoughts.

Another teretz is found in the Beis Yitzchak Siman 8. He says if the end result was a dvar mitzvah then you don’t get punished. But if the end result is a dvar reshus you are punished. He says there is a Ran in Shabbos like this. I did find a rayah to this idea in Shut Sharei Deia Siman 36. The gemra in Sanhedrin says the cemetery workers who bury the bodies on Yom Tov should not get punished because they are doing a mitzvah.

L’halacha the Pri Megadim discusses if a person who thinks he is eating treife and winds up eating kosher, is he posul l’eidus. According to the Rambam (Hilchos Nezirus), such a person should get malkos d’rabanan and therefore he should be posul l’eidus. He writes in Teivas Gema Parshas Mattos that it depends on why we give the malkos. Rashi in Nazir says it is only l’migdar milsa so you would not be posul l’eidus. The Rambam implies it is to punish you for attempting to do an aveirah. In that case you would be pasul l’eidus. Tosafos holds like the Rambam in terms of why we would give malkos, but paskens we don’t give malkos in this case. According to both rashi and Tosafos you would not be pasul l’eidus although for different reasons.