BS”D

Shkolim 3b

Kislev 15, 5784. November 28, 2023

Many topics discussed. Here are some short notes.

1- We began with a mention of the daily שיעור תניא  where the Alter Rebbe quotes a Yerushalmi in שקלים! It’s in פרק ו which we will reach IYH in the future.

2 – The משנה  begins to enumerate who is and who is not obligated to give מחצית השקל.

3- In relation to the fact that women are not מחויב in מחצית השקל we discussed an interesting practical result of this הלכה.

The following is a big topic and we just scratched the surface.

In general, according to the Ramban, women are obligated to daven שחרית and מנחה despite there being a specific time for them (מצות עשה שהזמן גרמא) because the central idea of davening is ‘asking for רחמנות’.

See here and here. OC 106. (see there why מעריב is not included).

Now when it comes to מוסף, since it is not רחמי, it would seem that they are פטור. Indeed Reb Akiva Eiger (OC 106) and the צל”ח, say that since the reason for מוסף is a זכר for the קרבנות and women did not participate in the     מחצית השקל, women are not obligated מעיקר הדין to daven מוסף. However ‘women accepted it upon themselves to daven מוסף’.

4- This leads into another fascinating topic that garnered much controversy about 225 years ago.

Reb Akiva Eiger quotes the above ruling, concerning women and תפילת מוסף from a ספר called בשמים ראש.

The brief history of this ספר is that it was published by Reb Shaul Berlin (son of Reb Tzvi Berlin) in 1793 who said to have received a manuscript from the archives of Reb Yitzchok Mulina claiming that it was תשובות of the רא”ש. He published the manuscript and added his personal notes on many of the תשובות.

After receiving  respectable הסכמות, some great רבנים began to suspect it being a forgery. Specifically, Reb Mordechai Banet in his book פרשת מרדכי  OC 5,  claimed that the book espouses some Halachik positions in line with the משכילים. Thus it was a fabrication by Reb Shaul Berlin.

Reb Mordechai Banet

See here. Here. In English. Audio. More. Discussions. In English.

5- We mentioned some of the seemingly odd ideas in this ספר that led many to conclude that this book was indeed a forgery.

A- Diminishing the importance of נטילת ידים.

B- Mocking the מנהג of not eating קטניות.

C- That Rabeinu Tam suggested to gather a group of sages of his time to permit  the drinking of סתם יינם.

D- Not to put on Tefillin prior to going to the מקוה.

E- Allowing burial inside the cemetery to one who committed suicide as a result of depression.

Interestingly, Reb Shaul named the sefer בשמים ראש  because it contains 392 תשובות which is the גימטריה of בשמים.

However his detractors pointed out that 392 or  שצב is also the ראשי תיבות of שאול בן צבי!

6- And yet despite all of the suspicion, in addition to Reb Akiva Eiger, the book is quoted in many places.

One great Rov once put it this way: one may learn from the work- but not the man. 

This is in line with what the Tzemach Tzedek (EH 55, 3) writes “it is known that many have suspicions that these תשובות are not from the Rosh, rather the authored created them (and attributed them to the Rosh)  and therefore we cannot rely on them unless it makes logical sense”.

 

We mentioned that the Rebbe quotes this ספר numerous times, such as the idea that during the 40 years wandering in the desert, the Tefillin had only 2 פרשיות.

Likutei Sichos 9 page 52.

There is much more on this with another interesting twist accompanied by the story of an unique Chabad Rov going back 150 years ago.

Next shiur BL”N.

7- Another topic discussed was The opposing opinions as to when one becomes obligated to give מחצית השקל.

The Ramabam, Ramban, Bartenura and others say it begins at Bar Mitzvah.

The Chinuch, the Rosh, Tosfos Yom Tov and others say that it begins only at age 20.

Interestingly, the זכר we do today for the מחצית השקל by giving  a ‘half of the common coin’ on תענית אסתר, as per the רמ”א (who follows the opinion of the Chinuch) applies to all men over the age of 20. (OC 694).

The מגן אברהם argues and says that since there are others who say that the original Mitzvah began at Bar Mitzvah all men over the age of 13 should give .

https://beta.hebrewbooks.org/tursa.aspx?a=oc_x3074

8 – We finished with a rather interesting vort from the רמ”א on our Parsha concerning the story of Reuven.

ספר בראשית • פרק ל”ה • פסוק כ”ב

וַיְהִי בִּשְׁכֹּן יִשְׂרָאֵל בָּאָרֶץ הַהִוא וַיֵּלֶךְ רְאוּבֵן וַיִּשְׁכַּב אֶת בִּלְהָה פִּילֶגֶשׁ אָבִיו וַיִּשְׁמַע יִשְׂרָאֵל וַיִּהְיוּ בְנֵי יַעֲקֹב שְׁנֵים עָשָׂר.

Here it is. ספר מעלת היוחסין page 35.

 

 

 

BS”D

Shkolim 3a (2)

Kislev 8, 5784. November 21, 2023

1- Our משנה and ברייתא continue on the topic of the announcement and implementation concerning the laws of כלאים.

בראשונה היו עוקרין הכלאים ומשליכין לפני בהמתן.

משרבו עוברי עבירה שלא היו נמנעין לזרוע כלאים והיו שמחין שתי שמחות אחת שמנכשין שדותיהן ועוד שמשליכין לפני בהמתן.

התקינו שיהיו משליכין בדרכים ולא לפני בהמות.

ועדיין היו שמחין שמחה אחת שמנכשין שדותיהן, התקינו שיהיו מפקירין את כל השדה, והפקר ב״ד הפקר כדכתיב וכל אשר לא יבא לשלשת הימים יחרם כל רכושו:

On the 15th of Adar the שלוחי בית דין would go out to the fields and plantation and if they would encounter כלאים, they had the authority to uproot the plants. At a later time in history,  בית דין would declare the entire field of the scofflaws as הפקר. (or הבקר as some version of the ירושלמי have it).

2- The גמרא discusses the source of this power that בית דין has, to declare private property as הפקר. Forfeiture by the courts.

3- We discussed the history of the beginning of בית שני and the dilemma of Ezra, realizing that from the rather small amount of people that came to ארץ ישראל from בבל, some were married to non-Jewish wives. This problem was even with the ‘bessere mentchen’…..

Ezra 9-10

Now when these things were done, the princes drew near unto me, saying: ‘The people of Israel, and the priests and the Levites, have not separated themselves from the peoples of the lands, doing according to their abominations, even of the Canaanites, the Hittites, the Perizzites, the Jebusites, the Ammonites, the Moabites, the Egyptians, and the Amorites.

 For they have taken their [non Jewish] daughters for themselves and for their sons; so that the holy seed have mingled themselves with the peoples of the lands; and the hand of the princes and rulers had been first in this faithlessness.’

 4- So a very distraught Ezra decides to call all of  כלל ישראל to a meeting in ירושלים. The purpose was to admonish all those with non Jewish spouse to part from them.

And they made proclamation throughout Judah and Jerusalem unto all the children [that returned from ] the captivity, that they should gather themselves together unto Jerusalem;

 And that whosoever came not within three days, according to the counsel of the princes and the elders, all his substance should be forfeited, and himself separated from the congregation of the captivity.

From the above threat of forfeiture, the גמרא derives that בית דין, when necessary, has a right and authority to be מפקיר an individual’s property.

5- The גמרא then continues to question if this power of forfeiture has the ability to effect even at a דאורייתא level.

To be continued.

6- We ended with an interesting observation.

The גמרא says that  בית דין followed certain guidelines when deciding if a particular year should be declared a שנה מעוברת and thus will be a 13-month year.

The primary reason for adding a 13th month was to ensure that פסח occurs in the spring time.

However, there were exceptions to this rule.

For example if the year in question, to turn it into a 13 month year or not, was the year of שמיטה, or the year after שמיטה, they would not proclaim it a שנה מעוברת even if that caused פסח to arrive early.

The reason is that the שמיטה prohibition would make food scarce due to the lack of plowing and planting in year 7.

Nearly Empty Grain Silo

Therefore, stretching years 7 or 8 for an extra month would cause hardship.

7- The גמרא then adds another point. All the above guidelines, were only  when שנים כתקנן, not when אין השנים כתקנן.

When אין השנים כתקנן, the above rule, of not turning years 7 or 8 into leap years, do not apply.

What do these words mean? ‘Years that are proper’, or years that are ‘they way they are supposed to be’?

Some commentaries say that at a certain time in history the time/season  of the wheat harvest was delayed. Meaning that the תבואה, unlike previous years, would not be ready to be harvested until after פסח.

We wondered out loud if this is similar to other facts or laws of nature that have gradually changed since בריאת העולם  and consequently (perhaps) have an effect on הלכה.

Here are some links on this interesting topic.

https://www.daat.ac.il/encyclopedia/value.asp?id1=739

https://www.yeshiva.org.il/wiki/index.php/%D7%94%D7%A9%D7%AA%D7%A0%D7%95%D7%AA_%D7%94%D7%98%D7%91%D7%A2%D7%99%D7%9D

https://olamot.net/shiurim/%D7%94%D7%A9%D7%AA%D7%A0%D7%95%D7%AA-%D7%94%D7%98%D7%91%D7%A2%D7%99%D7%9D/

7- On this vein we also discussed the מרגלים who brought back an אשכול ענבים, even though their journey occurred in July.

Yet someone remembered that in Israel, the wine grapes were harvested primarily in September…?

Pinto A”H 

Zev Sero suggests they brought back eating grapes which become ripe mid summer.

Harvesting Grapes in Summer

He writes:

Wikipedia https://he.wikipedia.org/wiki/%D7%91%D7%A6%D7%99%D7%A8

says that eating grapes are harvested from April through November, while wine grapes are harvested from August through October.

Some grapes do ripen earlier…

 

8- In light of the recent turmoil in the Jewish world we viewed the interview of the Rebbe (printed in the NYT 2 days after Gimmel Tamuz by Harvey Swados) where the Rebbe addresses the possibility of another holocaust. ר”ל. 

“…מארגען אין דער פרי”

See NYT article here from Chabad.org:

ובא לציון גואל

BSD

Shkolim 3a

Kislev 1, 5784. November 14, 2023

Short notes.

Tombstones and monuments:

Our Mishnah: On the 15th of Adar we renew the מציבות (using fresh white lime/paint). This is to alert the כהנים to avoid coming into contact with the טומאה.

1- We continued the story of the מצבה of a Reb Zecharia ben Yedidya that was found in a garden dating back to the year 5159 or 1398.  (ה’קנ”ט) and the תשובה of the חתם סופר (YD 337) that discusses the ramifications of טומאה of this קבר.

[The Jewish quip of the museum guide that told a group of visitors that ‘this dinosaur is 6 million and twelve years old’]

2- His conclusion based on Chazal: it’s not only the Luz bone that lasts for many years but that bones in general can still exist thousands of years after burial.

So whose bones remain and whose turn to עפר? The חתם סופר quotes the גמרא in Shabbos (152, b) That one who was not a jealous person merits that his bones remain intact.

(משלי יד, ל) ורקב עצמות קנאה כל מי שיש לו קנאה בלבו עצמותיו מרקיבים כל שאין לו קנאה בלבו אין עצמותיו מרקיבים

So this Reb Zecharia ben Yedidya, being that he has a חזקת כשרות and was not a jealous person, we must assume that his bones are still intact despite it being interred for hundreds of years. Therefore a Kohen should avoid the area of his מצבה.

3- Discussed the עצם לוז and why it lasts forever.

Briefly, this bone gets its nourishment only from food consumed at a מלוה מלכה.

אדם הראשון who ate from the עץ הדעת, was cursed that he will be returned to the earth from which he was created. כִּי עָפָר אַתָּה וְאֶל עָפָר תָּשׁוּב

However, the עץ הדעת was eaten on Friday. It follows that although the body of  אדם הראשון received nourishment from the עץ הדעת, the לוז bone did not, since it was not a מלוה מלכה!

Thus, it was not cursed to turn back to עפר and therefore never decomposes!

4- We spoke about the famous Pre War Rov of Kishinev, Reb Yehuda Leib Tsirelson  ע”ה of Besserabia who dedicated his life for כלל ישראל and fought many battles against Anti Semitism. Sadly he was killed by the Germans ימ”ש.

Hebrew. English.

In one of his books ( מערכי לב  YD 42), we come across a question that was asked by the Rov of Karlsburg if it is proper to build a commemorative monument for Jewish soldiers that perished in WW1.

Halachic Responsa of R Y Leib Tzirelson

The issue is an explicit prohibition to erect a stone monument even if it is built totally לשם שמים!

Here is the Rambam: Avoda Z 6, 6. Here in Englishhttps://www.chabad.org/library/article_cdo/aid/912364/jewish/Avodat-Kochavim-Chapter-Six.htm.

Rav Tsirelson tries to find a היתר to build such a monument.

Holocaust memorial Miami Beach

To be continued next week IYH with the מנחת יצחק’s take about building monuments for the 6 million that died in the holocaust.

ומסיימין בטוב.

הנה לא ינום ולא יישן שומר ישראל

 

 

 

 

 

 

 

 

BS”D

Shkolim 2b (2)

Mar Cheshvan 23, 5784. November 8, 2023

Short notes:

1- We discussed again the phenomenal story told by Reb Moshe with the fellow that spoke לשון הרע on the daughters of Lot.

Here it is in English.

R Moshe Feinstein, with R Leibel Kaplan, (Montreal).

2- The גמרא discusses the days for the מגילה reading. 14th of Adar for cities without walls and the 15th for walled cities.

Reb Chelbo’s opinion if one inside a walled city and reads it on the 14th. Does he need to repeat it on the 15th?

3- We reviewed the 2  אדרs in a leap year.

A- Purim – observed in אדר שני .

B- In אדר ראשון one is not allowed הספד ותענית.

C- In regards to becoming Bar Mitzvah – if one was born on any  אדר he becomes Bar Mitzvah in אדר שני. OC 55.

D – As the Rebbe points out, the Alter Rebbe totally omits this הלכה!

Also here.

E – The famous רמ”א at conclusion of אורח חיים.

תרצ”ז

וטוב לב משתה תמיד

Always good to be happy

 

F- The משנה states that on the 15th of אדר one of the tasks of the בית דין was to ensure that all grave stones, to avoid becoming טמא,  were marked properly by pouring/painting them with סיד, white plaster. ומציינין את  הקברות.

We discussed the מצבה that was found in a garden dating back to the year 5159.  הקנ”ט.

625 years ago.

That’s from year 1398!

The תשובה of the חתם סופר (YD 337) that discusses the ramifications of טומאה of this קבר.

Topics he touches upon are:

• עצם לוז.
• The disintegration of bones after many years.
• Bones of the people that perished in מבול.
• Bones that were revived by יחזקאל הנביא.

To be continued bl”n next Shiur.

 

BS”D

Shkolim 2b

Mar Cheshvan 16, 5784. October 31, 2023

1 – We continued with the גמרא on 2a where it discusses the reason for announcing the collection of the  מחצית השקל a month before it is due. באחד באחד באדר משמיעין על השקלים .

This early announcement allows the collection and assures its arrival in ירושלים by ראש חודש ניסן.

The logic follows, that communities further away from ירושלים, would need to make that announcement and begin the collection much before ראש חודש אדר.

The גמרא mentions locations that the announcement was made ‘from the beginning of the winter’.

2 – Once the שקלים would arrive at the בית המקדש, it would be placed in 3 large bins or קופות.

3 times a year, an amount of שקלים would be removed from these large bins. as we will learn more in detail further on.

The three dates were 15 days before: פסח, שבועות and סוכות.

3 – We mentioned that although only half a שקל was given, the term used is שקל.

משמיעין על השקלים not משמיעין על חצי השקלים

Even our מסכתא is called שקלים and not מחצית השקל!

The Ramban explains that since the מחצית השקל  was what was needed to be every given every year, as time passed, the adopted name for the half Shekel, simply became ‘a ‘שקל. Meaning the giving of the half a שקל.

4 – Additionally the Ramban adds an interesting suggestion.

At the time there was a only a full Shekel (in Hebrew, or Sela in Targum) coin and Dinar coins. Four Dinar equaled   one Shekel/Sela. To give the מחצית השקל one would need to change a Shekel to 4 Dinar and give 2 Dinar for מחצית השקל.

This change, as we will learn further on, created a fee or commission that was paid to the money changer.

It is probable, says the Ramban, that during the second Beis HaMikdosh a special coin that had the value of a half a Shekel was minted.

A silver half shekel coin of the third year of the Great Revolt against Rome, minted in Jerusalem in 69 CE. (Israel Antiquities Authority/Tal Rogovski)

better image of same

The purpose was to make available a single coin to avoid the need of changing a full Shekel into 4 smaller Dinars.

This newly minted coin, with a value of only a half of a Shekel, was henceforth named Shekel. The original Shekel kept the name of a Sela – סלע.

5 – We repeated the story with the ‘Lost coin’.

Dani suggested this link in Hebrew.

https://www.hidush.co.il/hidush.asp?id=22316

In English here.

6 – Furthermore, continues the Ramban, when he moved to ארץ ישראל he found these two coins. A full Sela and a Shekel (half a Sela) which was used for מחצית השקל.

Sela coin, from the Bar Kochba revolt

This is how he describes the coins:

7 – For פרשת וירא we spoke about the amazing story with Reb Moshe Feinstein when he was a Rov in Luban in 1921.

In English, here.