Monday, January 26, 2026

Tshuvos Dvar Yehoshua 2/136 - The Obligation Of Irreligious Jews in Mitzvos #2

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In this lecture, the speaker explores a complex Halachic inquiry regarding the obligations of non-religious Jews (Chilonim) during Passover, specifically focusing on whether they are obligated to eat Matzah if they are already transgressing the holiday by eating Chametz . 


The Core Halakhic Question 


The discussion begins with a scenario presented to the great Rav Yehoshua Ehrenberg, a renowned Dayan (rabbinic judge). A group of religious Jews had a very limited supply of Matzah. They wished to prioritize their own supply to ensure they could fulfill the requirement of eating two kezayeisim . However, the Chilonim in their vicinity insisted on receiving a share of one kezayis each. The question arose: If these non-religious individuals are eating Chametz throughout the holiday, are they even halakhically obligated to eat Matzah? 


The Beis She’arim and the Principle of Obligation 


The speaker references a response from the Beit She’arim (Rabbi Amram Blum), which addresses a parallel issue: whether a Jew who desecrates the Shabbos "out of appetite" (lete'avon)—meaning they believe in Shabbos but lack the self-control to follow its restrictions—is still required to perform Kiddush and Havdalah. 


The Beis She’arim utilizes a halakhic link (hekkesh) between the negative and positive commandments of Shabbos: "Remember" (Zachor) and "Observe" (Shamor). The law dictates that anyone obligated to "observe" the prohibitions is also obligated to "remember" through positive actions like Kiddush. By extension, since a transgressing Jew is technically still under the legal obligation to avoid Chametz, they remain obligated to fulfill the positive commandment of eating Matzah. 


Bris Milah: The Two Sources of Qualification 


The speaker delves into a discussion in Tosfos (Avodah Zarah 27a) regarding who is eligible to perform a Bris Milah. The debate hinges on two different scriptural sources: 


ואתה את בריתי תשמור (V'ata es britsi tishmor - "And you shall keep My covenant"): According to this source, one must "guard" or "keep" the covenant to be qualified to perform it. Therefore, a person who is uncircumcised (an arel) might be disqualified from circumcising others because he is not actively guarding the covenant in his own body. 


המול ימול (Himol yimol - "Circumcised he shall be circumcised"): This source suggests a more inclusive criteria. Under this logic, every Jewish male is inherently considered as if he is "circumcised" by virtue of his birth and status within the Jewish people. Therefore, even an uncircumcised Jew would be qualified to perform the rite. 


The practical difference (Nafka Mina) between these two verses determines whether an uncircumcised Jew is considered a "member of the covenant" for the purpose of performing the procedure. However, the conclusion of Tosofs is that both verses in fact indicate that an uncircumcised Jew may perform Bris Milah. Even one who doesn’t fulfill the mitzva is considered obligated and thus included in the pasuk ואתה את בריתי תשמור. For our case that would meanthat being obligated in the prohibition of chametz is sufficient to require one to eat matza.  


Disqualification in Writing Sacred Texts 


Tosfos contrasts the flexibility found in circumcision with the stringency of writing Tefillin or a Sefer Torah. In those cases, the law follows the principle: "Those who bind [Tefillin] shall write." If a person does not wear (bind) Tefillin, they are disqualified from writing them. Tosfos argues that while this "doer must be a keeper" rule is a specific scriptural decree for Tefillin, it does not apply to the obligation of Bris Milah. The Beis Shearim offers two separate rationales for this distinction, both of which are rejected as flimsy by Rav Ehrenberg. In the next shiur, we will please G-d see how R’ Ehrenberg deals with the conundrum.  


Biographical Context: Rabbi Amram Blum (1834–1907) 


The speaker provides a detailed biographical sketch of the Beis She’arim, Rav Amram Blum: 


Background: A prominent Hungarian rabbi and Rosh Yeshiva. 


Leadership: He served as a rabbi in major communities such as Mod and Chust and was a staunch defender of Orthodoxy against the Neolog movement. 


Legacy: He authored the influential Beis She’arim. Tragically, while he had more than a dozen children, many of his descendants perished in the Holocaust. 


Homiletic Insights: Parshas Beshalach 


The lecture concludes with a reflection on Parashat Beshalach, specifically the verse: "And Moshe took the bones of Yoseph with him." 

The Beis Yisroel explains that the Hebrew word for "bones" (Atzmos) also means "essence" (Atzmus). Moses did not merely carry Joseph’s remains; he carried the "Essence of Joseph"—the spiritual strength of Yesod (purity and moral discipline). This "Essence of Joseph" is what guards the Jewish people through the "day" of prosperity and the "night" of exile and hardship alluded to in the pasuk.