יום חמישי, 15 בנובמבר 2012

Whose Food Was It? - Toldos 5772


The Maharit had a Shaila about a young man who was a guest in someone’s home and during the course of the meal he and the host’s daughter decided that they wanted to marry. The young man took some food from the table and gave it to the daughter Mitoras Kiddushin. Harei At Mikudeshes B’apple Zu or whatever the food was. The Teshuvas Maharit deals with the question based on a Ran in Maseches Nedarim, as to whether a guest owns the food that he is served or whether the food belongs to the host and the guest only has a right to eat it. It is a question of ownership. You have to own something in order to give it to be Mekadaish an Isha or to do any Kinyan for that matter. This is a discussion in the Maharit based on the Ran in middle of Maseches Nedarim.
With that background we turn to the beginning of the Parsha. We know that Yaakov Avinu was a (25:27) (וְיַעֲקֹב אִישׁ תָּם, יֹשֵׁב אֹהָלִים) Yoshev Ohalim, he had no Parnasah of his own, he ate at his father’s home. Yet we find here that Yaakov Avinu does a sale 25:31 (וַיֹּאמֶר, יַעֲקֹב: מִכְרָה כַיּוֹם אֶת-בְּכֹרָתְךָ, לִי). Yaakov takes food which presumably belongs to Yitzchok and Rivka to purchase something. I know that his father was not Makpid that he took the food to eat it himself or to give it to his brother. But to do a sale, a person has to have ownership in the object that he is using to do the Kinyan. (מִכְרָה כַיּוֹם אֶת-בְּכֹרָתְךָ, לִי), how could Yaakov do a Mechira with food that was not his? This would be a Raya to the Shaila of the Maharit that a person does own the food that he takes to eat. 
Rav Druk in his Sefer on Beraishis answers the question even though he doesn’t ask it. He brings B’sheim the Chasam Sofer that it was B’diyuk Gadol that this took place here on the day when Avrohom Avinu died. 25:29 (וַיָּזֶד יַעֲקֹב, נָזִיד) Yaakov was cooking food, what was he cooking and for what purpose was it? As Rashi explains in the next Posuk 25:30 (מן האדם האדם: עדשים אדומות, ואותו היום מת אברהם).  He was cooking Adashim Adumos, red lentils. Why was he cooking red lentils? On that day Avrohom Avinu had passed away and the Minhag of the Aveilim is to eat lentils when they return after the Kevura the first meal that they eat. The Halacha is that the first meal that the Aveil eats what is called the Seudos Havraa is not allowed to be his own food it has to someone else’s food which is given to him. On this day Yitzchok Avinu needed Yaakov Avinu to own food so that he would be able to provide food for the Seudas Havraa for Yitzchok Avinu. Therefore, Yitzchok was Makne (transferred ownership) to Yaakov of the food or the money with which Yaakov went and bought the food. Either way, this was a unique moment in that it was a moment that Yitzchok could not own the food. Yaakov was cooking food that had to be his. And what do you know, just then Eisav walks up (וְהוּא עָיֵף) and he is able to do the sale. This answers a question of how he was able to do the sale, because this food uniquely was his.
The point that Rav Druk makes of course is the Hashgacha Protis that took place. The tremendous Hashgacha that here Yaakov was a (יֹשֵׁב אֹהָלִים), he had no money, no investments, and no Parnasa so how would he ever buy the Bechora? The one opportunity that presented itself so that he could own something happened at precisely this moment and Hakadosh Baruch Hu prepared for him just at this moment that the sale would take place.

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