Saturday, April 27, 2019

Nitak Li-aseh In The Din Of Bal Yaraeh And Bal Yematzei

Li-zchus - 
R' Moshe Yehuda Hanus
R' Shmuel Stein 
R' Chaim Schreck 
R' Eytan Feldman
R' Avromi Sommers
For much success in all they do together with their families!!!๐Ÿ˜Š๐Ÿ˜Š


The Mishna in Pesachim [21a] says:

ื›ืœ ืฉืขื” ืฉืžื•ืชืจ ืœืื›ื•ืœ ืžืื›ื™ืœ ืœื‘ื”ืžื” ืœื—ื™ื” ื•ืœืขื•ืคื•ืช ื•ืžื•ื›ืจ ืœื’ื•ื™ ื•ืžื•ืชืจ ื‘ื”ื ืืชื• ืขื‘ืจ ื–ืžื ื• ืืกื•ืจ ื‘ื”ื ืืชื• ื•ืœื ื™ืกื™ืง ื‘ื• ืชื ื•ืจ ื•ื›ื™ืจื™ื ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืื™ืŸ ื‘ื™ืขื•ืจ ื—ืžืฅ ืืœื ืฉืจื™ืคื” ื•ื—ื›ืžื™ื ืื•ืžืจื™ื ืืฃ ืžืคืจืจ ื•ื–ื•ืจื” ืœืจื•ื— ืื• ืžื˜ื™ืœ ืœื™ื:

For the entire time that it is permitted to eat leavened bread, one may also feed it to his domesticated animals, to non-domesticated animals, and to birds; and one may sell it to a gentile; and it is permitted to derive benefit from it. After its time passes, it is prohibited to derive benefit from it, and one may not even light an oven or a stove with leavened bread. With regard to the manner of removal of leavened bread. 


ืœืžื” ืœื™ ืœืžื™ืชื ื ื‘ื”ืžื” ืœืžื” ืœื™ ืœืžื™ืชื ื ื—ื™ื” ืฆืจื™ื›ื ื“ืื™ ืชื ื ื‘ื”ืžื” ื“ืื™ ืžืฉื™ื™ืจื ื—ื–ื™ ืœื” ืื‘ืœ ื—ื™ื” ื“ืื™ ืžืฉื™ื™ืจื ืงืžืฆื ืขื ืœื” ืื™ืžื ืœื

The Gemara continues to read the mishna precisely. The mishna states that one may feed his leavened bread to his domesticated animals, to non-domesticated animals, and to birds. The Gemara asks: Why do I need the mishna to teach about the case of domesticated animals, and why do I need it to teach about non-domesticated animals as well? The halacha should be the same for both cases. 

The Gemara answers: It is necessary to teach us both cases, as had it taught only about domesticated animals, one would have said that it is permitted feed them because if the animal leaves over some leavened bread one will see what is left over and dispose of it. However, with regard to a non-domesticated animal, if it leaves over any of the leavened bread, it hides it to save for later. Therefore, one could say that it is not permitted to feed it so close to the time when leavened bread is prohibited.



ื•ืื™ ืชื ื ื—ื™ื” ืžืฉื•ื ื“ืื™ ืžืฉื™ื™ืจื ืžื™ื”ืช ืžืฆื ืขื ืื‘ืœ ื‘ื”ืžื” ื–ื™ืžื ื™ืŸ ื“ืžืฉื™ื™ืจื ื•ืœื ืžืกื™ืง ืื“ืขืชื™ื” ื•ืงืื™ ืขืœื™ื” ื‘ื‘ืœ ื™ืจืื” ื•ื‘ื‘ืœ ื™ืžืฆื ืื™ืžื ืœื - ืฆืจื™ื›ื

ืจืฉ"ื™ - ื•ืื™ ืชื ื ื—ื™ื” - ื”ื•ื” ืืžื™ื ื ื”ื™ื ืขื“ื™ืคื ืžืฉื•ื ื“ืื™ ืžืฉื™ื™ืจื ืžืฆื ืขื ืœื” ื•ืœื ืขื‘ืจ ืขืœื™ื” ื‘ื‘ืœ ื™ืจืื”. 

And had it taught only the case of a non-domesticated animal, one might say that it is permitted to feed leavened bread to such an animal because if it leaves over any food in any case it will hide it, [and the owner will not violate the prohibition: It shall not be seen - Rashi]. However, with regard to a domesticated animal, sometimes it leaves over food, and it does not enter his mind that the animal will do so. And in that case both prohibitions: It shall not be seen and it shall not be found, would apply to him. Consequently, one could say that it would not be permitted for him to feed a domesticated animal. Therefore, it was necessary to teach both cases.


WOW!! We see from Rashi that if one can't see the food because it is hidden then he does not transgress ื‘ืœ ื™ืจืื” . The Maharshal adds that he does transgress ื‘ืœ ื™ืžืฆื. [The notion that ื‘ืœ ื™ืจืื” and ื‘ืœ ื™ืžืฆื do not necessarily go together is one I would VERY MUCH like to revisit ื•ืขื•ื“ ื—ื–ื•ืŸ ืœืžื•ืขื“ ื‘ืœ"ื  ื‘ืขื–"ื”].  

This would prompt the question - Why would one think that we should permit one to feed one's ื—ื™ื” because it would result in him transgressing one ืœืื• and not two?? We only forbid activities that involve multiple transgressions?? 

The Ohr Chodosh explained the Maharshal based on what we find later on in the Gemara [95a] that the ืœืื• of ื‘ืœ ื™ืจืื” is a ืœืื• ื”ื ื™ืชืง ืœืขืฉื” ืฉืœ ืชืฉื‘ื™ืชื• - it can effectively be fixed by destroying the chometz [ืชืฉื‘ื™ืชื•]. The Shaagas Aryeh [ืกื™ืžืŸ ืค"ื‘] writes that since we find on the Gemara [Temurah 4b] that one ืขืฉื” cannot "fix" [ื ื™ืชืง] two ืœืื•ื•ื™ืŸ, the ืขืฉื” of ืชืฉื‘ื™ืชื• can only fix one ืœืื•. According to this, in a case where one transgresses two ืœืื•ื•ื™ืŸ he would receive ืžืœืงื•ืช for one of them [the ืœืื• that is fixed by the ืขืฉื” does not mandate ืžืœืงื•ืช - only the second ืœืื• does].

Now we can understand the ื”ื•ื” ืืžื™ื ื of the Gemara according to the Maharshal: Only in the case of the ื—ื™ื”, who hides the food and there is thus only a concern for the ืื™ืกื•ืจ of  ื‘ืœ ื™ืžืฆื but not ื‘ืœ ื™ืจืื”, one might think that it would be permitted to feed the animal because in any case there would be no ืžืœืงื•ืช making the ืื™ืกื•ืจ less serious. But if there are two potential ืœืื•ื•ื™ืŸ that one could transgress, it would be forbidden, as is the case with feeding a ื‘ื”ืžื” where there would be both ื‘ืœ ื™ืจืื” and ื‘ืœ ื™ืžืฆื, thus mandating ืžืœืงื•ืช - so the Mishna teaches that even to feed the ื‘ื”ืžื” is permitted.

Rav Chaim Shmuelevitz ztz"l explains the Gemara differently according to the Maharshal: Tosfos later [ื›"ื˜, ื‘ ื“"ื” ืจื‘ ืืฉื™] famously says that one who leaves chometz with the intent to later destroy it does not transgress ื‘ืœ ื™ืจืื”. The rationale is that ื‘ืœ ื™ืจืื” is ื ื™ืชืง ืœืขืฉื” [of ืชืฉื‘ื™ืชื•] and therefore he does not transgress an ืื™ืกื•ืจ when he ultimately destroys it. 

It emerges that it is permitted ืœื›ืชื—ื™ืœื” to leave over chometz when one intends to later destroy it, since the ืื™ืกื•ืจ will be fixed upon destroying it and fulfilling the ืขืฉื” of ืชืฉื‘ื™ืชื•. So when he gives the ื—ื™ื” to eat he will not be transgressing an ืื™ืกื•ืจ ืชื•ืจื” since there is only one ืœืื• involved which will be ื ื™ืชืง - fixed, by the ืขืฉื”. And since he has full intention to fix the ืœืื• [by later destroying it] there is no ืื™ืกื•ืจ to begin with. But with respect to a ื‘ื”ืžื” where there are two ืœืื•ื•ื™ืŸ that one ืขืฉื” cannot be ืžื ืชืง, one would think that it is forbidden to feed the animal.

But this places us in a serious quagmire. Tosfos is talking about a case where he is fully aware of the chometz, in which case there are two ืœืื•ื•ื™ืŸ. So how could they say that is it ืžื•ืชืจ ืœื›ืชื—ื™ืœื” to leave over the chometz if he intends to burn. An ืขืฉื” is ืžื ืชืง one ืœืื• but not two!!? This question is sooooo good that the Shaagas Aryeh asked it [ibid]!! 

Rav Chaim Shmuelevitz ztz"l explains Tosfos as follows: The Tumim [97-7] writes about a ืœืื• that is partly fixed by an ืขืฉื” and partly not fixed. For instance, regarding Temurah that Rambam writes [Hilchos Temurah 1-1] that even though the ืœืื• is ืžื ืชืง the ืขืฉื” if it is a ืงืจื‘ืŸ ื™ื—ื™ื“ and both animals become sanctified [with is the ืขืฉื”] nevertheless since the ืขืฉื” is NOT ืžื ืชืง the ืœืื• when it is a ืงืจื‘ืŸ ืฆื™ื‘ื•ืจ because ืชืžื•ืจืช ืฆื™ื‘ื•ืจ is not holy, it is not considered a ืœืื• ื”ื ื™ืชืง ืœืขืฉื” and even a ื™ื—ื™ื“ gets ืžืœืงื•ืช. 

Asked the Mishna Lamelech [ืžืœื•ื” ื•ืœื•ื” ื’-ื“]: Regarding the ืื™ืกื•ืจ of forcibly taking a security the Rambam holds the exact opposite, that since there are instances when returning the security is ืžื ืชืง the ืœืื• [i.e. when the borrower is a poor person], even when there is no ืขืฉื” involved [i.e. when the borrower is a rich person], there is no ืžืœืงื•ืช. In his words:



ื”ืžืœื•ื” ืืช ื—ื‘ื™ืจื• ืื—ื“ ืขื ื™ ื•ืื—ื“ ืขืฉื™ืจ ื•ื›ื•'. ืื ื™ ืชืžื™ื” ื‘ื“ื™ืŸ ื–ื” ื“ืื™ืš ืกืชื ื“ืื™ื ื• ืœื•ืงื” ืžืฉื•ื ื“ื ื™ืชืง ืœืขืฉื” ื“ื”ื ืœื ื ื™ืชืง ืืœื ืœื’ื‘ื™ ืขื ื™ ื›ื“ื›ืชื™ื‘ ื•ืื ืื™ืฉ ืขื ื™ ื”ื•ื ื•ื’ื•' ื•ื‘ืœืื• ื“ืœื ืชื‘ื ืืœ ื‘ื™ืชื• ื”ื•ื ื›ื•ืœืœ ื™ื—ื“ ืขืฉื™ืจ ื•ืื‘ื™ื•ืŸ ื•ื›ืž"ืฉ ืจื‘ื™ื ื• ื•ืขืฉื” ื“ื—ื–ืจื” ื”ื•ื ื‘ืขื ื™ ืฉืžืฉื›ื ื• ื›ืกื•ืช ื™ื•ื ืื• ืœื™ืœื” ื•ื”ื“ื•ืžื” ืืœื™ื•, ื•ื"ื› ืชื™ื ื— ื”ื™ื›ื ื“ืžืฉื›ืŸ ืขื ื™ ื“ืื™ื ื• ืœื•ืงื” ืžืฉื•ื ื“ืื™ืช ื‘ื™ื” ืขืฉื” ื“ื—ื–ืจื” ืื‘ืœ ืžืฉื›ืŸ ืขืฉื™ืจ ืืžืื™ ืื™ื ื• ืœื•ืงื” ื›ื™ื•ืŸ ื“ืœื™ื›ื ื‘ื™ื” ื—ื–ืจื”? 

ื•ืกื‘ื•ืจ ื”ื™ื™ืชื™ ืœื•ืžืจ ื“ื›ื™ื•ืŸ ื“ืœืื• ื–ื” ื”ื•ื ื›ื•ืœืœ ืขื ื™ ื•ืขืฉื™ืจ ื•ืžืงืฆืช ื”ืœืื• ื ื™ืชืง ืœืขืฉื” ื“ื”ื™ื™ื ื• ื”ื™ื›ื ื“ืžืฉื›ืŸ ืœืขื ื™ ืžื™ืงืœืฉ ืงืœื™ืฉ ืœืื• ื–ื” ื•ืื™ื ื• ืœื•ืงื” ืืฃ ื”ื™ื›ื ื“ืžืฉื›ืŸ ืขืฉื™ืจ ื“ืœื™ื›ื ื ืชื•ืง. 

ืฉื•ื‘ ืจืื™ืชื™ ืฉื“ื‘ืจ ื–ื” ืœื ื ื™ืชืŸ ืœื™ืืžืจ ื•ืื“ืจื‘ื ืื™ืคื›ื ืžืกืชื‘ืจื ื•ืจืื™ื” ืœื“ื‘ืจ ืžืž"ืฉ ืจื‘ื™ื ื• ืจ"ืค ื' ืžื”ืœื›ื•ืช ืชืžื•ืจื” ื•ื–"ืœ ื•ืœืžื” ืœื•ืงื™ื ืขืœ ื”ืชืžื•ืจื” ื•ื”ืจื™ ืœืื• ืฉื‘ื” ื ื™ืชืง ืœืขืฉื” ื•ื›ื•' ื•ืขื•ื“ ืฉืื™ืŸ ืœืื• ืฉื‘ื” ืฉื•ื” ืœืขืฉื” ืฉื”ืฆื‘ื•ืจ ื•ื”ืฉื•ืชืคื™ื ืื™ืŸ ืขื•ืฉื™ืŸ ืชืžื•ืจื” ืืข"ืค ืฉื”ื ืžื•ื–ื”ืจื™ื ืฉืœื ื™ืžื™ืจื• ืข"ื› ื”ืจื™ ืœืš ืžื‘ื•ืืจ ื“ืื ื™ืฉ ืœืื• ืื—ื“ ื›ื•ืœืœ ื•ื”ืขืฉื” ื”ื•ื ืคืจื˜ื™ ืฉืœื•ืงื” ืขืœ ื”ืœืื• ืืฃ ืขืœ ื”ืคืจื˜ ืฉื ื™ืชืง ืœืขืฉื” ื›ื™ื•ืŸ ืฉื™ืฉ ื‘ืœืื• ืคืจื˜ ืื—ื“ ืฉืœื ื ื™ืชืง ืœืขืฉื”. ื•ืœืคื™ ื–ื” ื”ื™ื” ื ืจืื” ื“ื”ื›ื ื ืžื™ ื™ืœืงื” ืืฃ ื”ืžืžืฉื›ืŸ ืืช ื”ืขื ื™ ืืฃ ืฉื ื™ืชืง ืœืขืฉื” ืœืคื™ ืฉืื™ืŸ ื”ืœืื• ืฉื‘ื” ืฉื•ื” ืœืขืฉื” ืฉื”ืžืžืฉื›ืŸ ืืช ื”ืขืฉื™ืจ ืœื™ืชื™ื” ื‘ื—ื–ืจื” ืืฃ ืฉืžื•ื–ื”ืจ ืฉืœื ืœืžืฉื›ื ื• ื•ืœื ื“ื™ ืœื ื• ื–ื” ื”ืฆืขืจ ืืœื ื“ืžืกืชืžื•ืช ื“ื‘ืจื™ ืจื‘ื™ื ื• ื ืจืื” ื“ืืฃ ื”ืžืžืฉื›ืŸ ืืช ื”ืขืฉื™ืจ ืื™ื ื• ืœื•ืงื” ืœืคื™ ืฉื”ืœืื• ื ื™ืชืง ืœืขืฉื” ื’ื‘ื™ ืขื ื™ ื•ื“ื‘ืจ ื–ื” ื”ื•ื ืชื™ืžื” ื‘ืขื™ื ื™ ื•ื›ืขืช ื”ื“ื‘ืจ ืฆืจื™ืš ืืฆืœื™ ืชืœืžื•ื“.

Answered the Tumim based on Tosfos [Chullin 81a ื“"ื” ื‘ืกื•ื”"ื“] that the ื ื™ืชื•ืง of Temurah is not a complete ื ื™ืชื•ืง since no ืžืขืฉื” is done in order to fix the ืœืื• but rather it is fixed automatically [when the animal becomes holy]. According to that, we can say that when a ืžืขืฉื” is done such as when one returns the security, it doesn't matter whether the ืขืฉื” is ืžื ืชืง part of the ืœืื• [i.e. only in certain instances] or is ืžื ืชืง the entire ืœืื• [i.e. in all instances], we always say that there is no ืžืœืงื•ืช for this ืœืื• [as per the Rambam in ืžืœื•ื” ื•ืœื•ื”]. But when there is not a complete "fixing" of the ืœืื•, such as the case of Temurah [because no ืžืขืฉื” is involved], it is only ืžื ืชืง the ืœืื• if it is ืžื ืชืง the ืœืื• in all cases, as the Rambam rules in Hilchos Temurah [1-1]. 

Now the ืขืฉื” of ืชืฉื‘ื™ืชื• is an active mitzva where a ืžืขืฉื” is necessary [ืขื™' ืžื "ื— ืžืฆื•ื” ื˜] and for this reason the ืขืฉื” is completely ืžื ืชืง the ืœืื• [unlike where the ืขืฉื” is an automatic as in the case of Temurah] and therefore it is not necessary that the ืขืฉื” be ืžื ืชืง the ืœืื• in all cases. Thus, there will be no ืžืœืงื•ืช when he leaves the chometz over - even if there is a case where there is no ืขืฉื”. as the Tumim wrote regarding taking the security.       

We can take this idea one step further and say that just as a ืœืื• ื”ื ื™ืชืง ืœืขืฉื” that involves a ืžืขืฉื” creates a din that there will never be ืžืœืงื•ืช [even in cases where there is no ืขืฉื” to fix the ืœืื•], such an ืขืฉื” also has the power to be ืžื ืชืง two ืœืื•ื•ื™ืŸ. When the Gemara said that an ืขืฉื” can only be ืžื ืชืง one ืœืื•, it was talking about Temurah which is a weaker type of ื ื™ืชื•ืง because no ืžืขืฉื” is involved in the fulfillment of the ืขืฉื”.

There is soooooo much more too say and ืขื•ื“ ื—ื–ื•ืŸ ืœืžื•ืขื“ ื‘ืœ"ื  ื‘ืขื–"ื”!!!