Lubavitcher Rebbe

Mi Sheyirtzah - Whoever wants

The Mekor Chaim* (137) enumerates the Chiyuvim to be Oleh Latorah according to Minhagei Vermeize (Worms).

Amongst the Chiyuvim is Mi Sheyirtza (Whoever wants). 
His Chiyuv for an Aliyah is on the first day of Shavouos and on the first day of Rosh Hashana.

1) How do you become a Chiyuv just because you want ?
2) Why on the first days of Shavouos and Rosh Hashana ?


There are different Minhagim whom & how to call up for the
Aliyah of the Tochocho (admonition).

In many Ashkenazi Shuls they still have the old Minhag not to call up for the Tochocho Aliya by name, instead they call him up,

“Ya’amod Mi Sheyirtzah”.

Some Shuls, it was the Shamash*  who went up for the Aliyah. Other places there was a designated person who volunteered to take this Aliyah.

To compensate for taking the Tochocho Aliya , he was given an Aliyah on the first
Yom Tov after the Tochocho. (Bechukosai – Shavuos , Ki Savo – Rosh Hashana)

*R.Yair Chaim Bachrach (Chavas Yair) 

* The Mahril writes that part of the contract the Shul made with the
Shamosh , was that he was obligated to be Oileh the Tochocho

Daf Shel Shabbos Kodesh Rosh Hshana 16b

R. Kruspedai  in the name of R. Yochanan  said, "Three Seforim

are opened on Rosh Hashana."

Tzadikim Gemurim are written and sealed to life immediately (on R.H)

Reshoim Gemorim are written and sealed to death immediately (on R.H.)

Beinonim are hanging in limbo until Yom Kippur and then written and

sealed on (Yom Kippur)

The Piyut said on R.H. & Y.K. “ בראש השנה יכתבון וביום צום כיפור יחתמון”

On whom is this said?

Tzadikim & Reshoim have both the Kesivah & Chasima On R. H.

Binonim have both the Kesivah & Chasima on Y.K.

Who has the Kesivah on Rosh Hashana and the Chasima on Yom Kippur?

3 answers:
A) The Paytan argues with R. Kruspadoai and holds that
all have the Kesiva on Rosh Hashanah and the Chasima on Yom Kippur.

B) The Beinonim can have their Kesiva on day 1 or day
2 -3 -4 etc. until Yom Kippur (depending when
            he did Teshuva) Some Beinonim have the Kesiva on R.H.
            and others have it on Y.K. but all Beinonim
            have the Chasima on Y.K.  (Maharsha R.H.)

C) For Yechidim (individuals ) The Kesiva & Chasima
happens the same day (Tzadikim & Reshoim on R.H.
            and Beinonim on Y.K.)
            For the Tzibbur (Kehilla, City, Country etc.) If the Tzibbur
            is Beinoni, The Kesiva is on R.H. and the

            Chasima on Y.K. ( Shu"t Mahram Shik O.Ch. 300)

Milking a cow on Shabbos, Why not?

Milking a cow on Shabbos,

Why not?

6 different reasons, probably no other מלאכה,  has

a six way מחלוקה to which אב מלאכה it belongs to.

1.      מפרק(דש)        Rashi, Shabbos 95a

2.             קוצר         Yerushalmi, Shabbos 7 :Hl. 2

3.            ממחק       Tosfos, Shabbos 73b

4.             בורר         Rashbo, Shabbos 144b

5.             טוחן         Yeraim, # 274

6.              גוזז          Tosfos Rosh, Shabbos 95a

Fools In The Dark

Daf Hashavua

Rosh Hashana 14b

The Gemoro says “If someone does both, the Chumros of Bais Shamai and also the Chumros of Bais Hillel, on him the Pasuk says,  

“והכסיל בחשך הולך"

" And the fool in darkness he walks”.

My father a”h told me he heard from an Odom Gadol*, who asked:

Why did Chazal choose this Pasuk over all other Pasukim (for a Machmir like Beis Shamai and Beis Hillel.) 

He answered,* we find in Ms. Shabbos 18a,  according to Bais Shamai  who hold Shevisas Keilim is Deoreisa, then the only way to use a candelabrum on Shabbos, is, if he is Mafkir it, so that it doesn’t belong to him.

When he is Mafkir it he must exclude Goyim and Mechalellei Shabbos (otherwise they will take it for themselves)

This Hefker is valid only according to the Beis Shammai(Ms. Peiah 6 :1) who hold Hefker La’aniym ,Hefker. You may single out one group to whom you want to be Mafkir.

The Beis Hillel. argue, and hold it is only valid when you are Mafkir to everybody.

If you single out only to Aniyim it is not Hefker.

Therefore if someone will be Machmir like Beis Shamai  at Shevisas Keilim, he will need to be Mafkir the candelabrum and will also be Machmir like Beis Hillel. by Hefker, then  He has to be Mafkir to everybody. A Mechalell Shabbos or a Goy
will be able to take the candelabrum for themselves, and he will be walking around in his house in darkness.


*R. Yisroel Asher Karoly zt”l (R. in Frauen Kurchen)

*This is  only Al Pi Drush, and not Pshat. Rashi says the only time this applies is when the two Chumros or Kulos contradict each other. where they don't contradict each other, you may follow
two different Poskim, L'chumra or L'hokeil.

Bracha a Kohein makes only in Chutz La'aretz

Shulchan Aruch (Y.D. 322 :5) Chalas Chutz La’aretz may be eaten by a

Kohen who is Tomei Meis, as long as he is not Tomei  b’Tumah Hoytzei Migufo.

The Rema adds , “when eating, even Chalas Chutz La’aretz, you first make a

Bracha Rishono (Hmotzie, Mezonos) and then you make a Bracha

 "אשר קדשנו בקדושתו של אהרן וצונו לאכול תרומה

Parshas Bechokaisai

There are many words in this week’s Parsha (Bechukoisai), where a Rebbi

should teitch (translate) the same word,to some children, one way and to

other children a different  teitch.      ????

The Shu”t Torah Lishma #497 (meyuchos to the Ben Ish Chai) was asked,

How to teach children the Tochocho.  When it says Hashem

will send the curses  עליכם,בכם,אתכם etc.

Should we translate the correct translation,in second person,

(on you) or we should translate it incorrectly in third

person (on them). אל תפתח פה לשטן

The Torah Lishma answered,

Gemoro (Shavuos 36a) says,  R. Kahana was quoting the Mishna “ Yakcho”

He shall hit you (second person) R. Yehudah told him to say it in

third person (hit him). The Gemoro continues and says,same applies

to Pesukim.

 Therefore  for older children who won’t get confused,

You teach him the Tochocho and the words in third person. 

Younger children,however  should be taught in second person,

so they won’t get confused, and שומר פתאים ה'

Who was Rabbi Meir Baal Haness?-repeat Lekovod Lag Baomer

We all are familiar of the Tana R.Meir. His original name was Meisha .

 They called him R. Mier because he lit up the eyes of the chachamim

in halacha. (Eruvin  13b).

R. Mier was niftar in Asia (Chutz Laaretz)  He asked that his body be

placed on the sea being E.Y. is surrounded by 7 seas. (Yerushalmi  Kelaim perek 9  hl.3)

According to the  Yerushalmi it is not clear if his body ever ended up  buried in Eretz Yisroel 

One of the first sources  that mentions R. Mier’s  burial  place in E. Y. is in the

Sefer Gelilos Haaretz. He writes that R. Mier is buried in the city of Tveryah.

The Seder Hadoros  quotes the same  Sefer Gelilos Haaretz  who writes  R. Yitzchock

 from Gush Chalav and R. Mier Baal Haness are both buried in Gush Chalav. The

Seder Hadoros continues that he doesn’t know who they were. (Seder Hadoros  never

heard of  R. Mier  Bal Haness.)

Sefer Zichron Yackov  (vol 2 p 30) writes about the pushkas  that were  named

after  an ish  chasid  v’kadosh who lived in eretz hakodesh a few hundred years

ago. He was famous – and was called R. Mier Bal Haness.

Two of the greatest frum historians (R. Yechiel Heilprin, Seder Hadoros  & R. Yackov

Lipshutz ,Zichron Yackov ) both held , R. Mier Bal Haness  is not  the Tana R.Mier.

 1)                       R.M. is buried in Tveryah    RMBH is buried in Gush Chalav

 2)                       Seder Hadoros doesn’t know who R.M.B.H. was

 3)                       Zichron Yackov claims R.M.B.H. lived a few hundred years ago

                           R.M. lived two thousand years ago.

             

  4)                     To donate  L’iluy  nishmas a Tana  who was niftar 2,000 years ago

                           sounds  very strange 

                           A neshama from 2000 years has reached it’s peak a long time ago.

  5)                     The Loshon, Baal Haness is not found in Shas.  In  Shas

                           we only find the melumad banisim.

Kalus Roish In A Beis Hakevoros

In Shulchan Aruch( Y.D. 368:1) It speaks about how not behave in a Bais Hakevores,   

with  קלות ראש (light headiness- disrespect) . You may not eat or drink there. You

may not do calculations (business).You may not use it as a short cut, etc.

The Pischei Teshuva quotes the Chasam Sofer that this Issur applies for the whole

Bais Hakevores. The Teshuvos Yehuda Ya’aleh ( Y.Osad) also writes that Kalus Rosh

is forbidden in the whole Bais Hakevores whereas  Loeg L’rosh is only within 4 Amos.

It is interesting, that in Shulchan Aruch there is no mention of dancing or music in a

Bais Hakevores.

There are 2 possibilities ,

       a)  It is so obvious, there is no need to mention it, the same way there is

            no need to mention, not to allow your cat to sleep in an Aron Hakodesh.

b) Dancing & music in a Bais Hakevores is not considered Kalus Rosh.

    (and is allowed)

Chasam Sofer -This weeks Daf

DAF HASHAVUA

Beitzah 38 a+b

The Gemoro says , When Reb Aba went to Eretz Yisroel, he Davened :

יהא רעוא דאימא מילתא דתתקבל

Yehi  Ratzon that I should say things that will be acceptable (to the Chachomim).

The Gemoro continues: Reb Aba tried to answer a question asked by the Chachomim but they laughed at him. When he asked them why they were laughing at him they laughed again.Reb Oshiya  said the Chachomim were justified in laughing at Reb Aba.

The Chasam Sofer (O.Ch. 208) asked what message are Chazal trying to teach us, by embarrassing Reb Aba? Chazal should have brought down the discussion they had without the part, of them laughing at him???

The Chasam Sofer answers Chazal are trying to teach us, it is wrong

to Daven, that your words should be acceptable to others. If you

believe something to be true, then it doesn't matter if others agree

with you or not.

After you stated your opinion it is up to others, to change and agree with you or stick to their original opinion. We then Pasken like the Roiv (majority) . It is not imortant for you to convince others to change their minds.

It is very interesting, the Chasam Sofer personally  in Teshuva # 60 

 starts his answer to the Sheilo with a Tefillah

ויהא רעוא דאימא מלתא דתתקבל

This question-Why the Chasam Sofer used this loshon  was asked in the Torah journal Kerem Shlomo (year 15 # 5 pg.61)

By a Rabbi Katz. There are a few answers given by the readers

Perhaps we can add one more answer:

There are times when a Rav Paskens a Sheilo where, he

does not need to take into consideration, the hardship

of the outcome if he Paskens L’chumra.

On the other hand, there are many times when it is very

important for the Rav to consider the hardship. (הפסד מרובה,עגונה, etc.)

Could be the Chasam Sofer would agree that in such Sheilos

It is proper to Daven that the other Rabonim should agree with his

Heter. His Tefilla is not that his opinion should be won over.

His Tefillah is that the Shoel shouldn’t suffer any hardship.

Teshuva #60 deals with, After the War in 1809 the city of Pressburg

lay in ruins. Hundreds of houses were destroyed and damaged

by shells, Napoleon's Army shot across the Danube. Close to two

hundred houses burned down. Winter was approaching and new

homes were desperately needed. The Sheilo was if you can allow

Goyim to build and repair houses on Shabbos.

The Chasam Sofer desperately, wanted to be Matir but wouldn’t

do so, unless the other Rabanim  agreed with his Heter. His

Tefilla was they should agree with his Heter so the Yidden shouldn’t

have to suffer any longer.

two dinim

Perhaps, We can breakdown  The Bracha L’vatala into  two dinim.

1.      When making a Bracha L., you are oiver an Issur. ( Lo Sisa Shaim-)

2.       The Bracha you made, is an invalid Bracha.

If some one makes a Bracha “ Al Achilas Matza” and is Motzie

others with his Bracha , but he drops dead before he eats the Matzah,

It is possible, that the others have to make a new Bracha before eating

their Matzah. They were not Yotze with the Bracha,the

dead man made , being the Bracha  was a Bracha L. (#2 invalid Bracha)

Even though the dead man wasn’t oiver the Issur (not his fault that he died),

but it is still considered an invalid Bracha.

The same would apply to someone who made a Bracha “Al Sefiras Haomer”

and drops dead before counting, his Bracha is L’vatala and not considered

a valid Bracha.

According to the Poskim who hold, " not finishing the 49 days (one Mitzvah)

       the Brachos he made in the past are L’vatala", the same would apply to  someone

       who dies during Sefira. His Brachos are considered L’vatala, only to invalidate

       them but not to be oiver on the Issur.