Yisro Riddle - Yisro 5771

The question of the week is: 18:5 (וַיָּבֹא יִתְרוֹ חֹתֵן מֹשֶׁה, וּבָנָיו וְאִשְׁתּוֹ--אֶל-מֹשֶׁה:  אֶל-הַמִּדְבָּר, אֲשֶׁר-הוּא חֹנֶה שָׁם--הַר הָאֱלֹ קִ ים) Rashi says (אל המדבר: אף אנו יודעין שבמדבר היו, אלא בשבחו של יתרו דבר הכתוב, שהיה יושב בכבודו של עולם ונדבו לבו לצאת אל המדבר, מקום תהו, לשמוע דברי תורה)

He came to the Midbar and we are talking about his praise because he lived in Midyan with great honor and nevertheless he came to the Midbar. Is that so that Yisro was living in Midyan with great honor?

Rashi tells us in 2:17 (ויגרשום: מפני הנידוי) that the other shepards chased away Yisro’s daughters from the well because Yisro was put into Cheirem as the Sifsei Chachamim there explains. Since he abandoned their Avodah Zorah he was put into Cheirem. What is Rashi here saying that he is living in Midyan in great honor? It is a Pliya.

Kiddush On A Shot Glass - Yisro 5771

20:7 (זָכוֹר אֶת-יוֹם הַשַּׁבָּת, לְקַדְּשׁוֹ) I would like to speak briefly about the Mitzva of Kiddush. The Mitzva is to make Kiddush at night Min Hatorah and Midirabbanan by day as well. According to everyone the Mitzva Lichatchila is with wine or with grape juice, with wine as the preference when a person makes his Kiddush.

I once heard from Rav Shlomo Zalman Braun the author of Shearim Mitzuyanim B'Halacha who was one of the first Chassidishe Rabbanim in Flatbush. He said a person should keep all Chassidishe Minhagim except two. One of those two is the Minhag of many Chassidim to make Kiddush on Schnapps. First of all even if you make Kiddush on a Reviis of Schnapps it is not Lichatchila (preferable). Certainly if a person makes Kiddush on a 1 ounce of Schnapps is not performing the Mitzvah the way it should be done. It seems from the Shulchan Aruch that a person is not even Yotzei B’dieved.

My father A”H used to make Kiddush on Schnapps and when I got a little older I mentioned to him that it is a Shaila. He said he will ask the Debrecene Rav. The Debrecene Rav held of all the Chassidishe Minhagim. From then on he made Kiddush on wine or grape juice. He did drink Schnapps later after the fish but he made Kiddush on wine or grape juice.

I would like to share with you something that I heard from Rav Moshe. I once asked Rav Moshe about this Minhag and of course Rav Moshe held to make Kiddush on wine but I asked it to him in the following context. 

I told him that the Chassidim make Kiddush on 1 ounce cup of Schnapps and we have a complaint that it is not the Shiur. I told him that a certain Chassidishe Rav had spoken and had been Melameid Zechus on the Minhag based on the Taz in the beginning if Siman 210 S’if Aleph.

The Taz (who says that to make a Borei Nifashos one must drink a Reviis) holds that a person can make a Borei Nifashos on a smaller amount of Schnapps because Schnapps is not something that is a drink that is drunk B’rivi’is. The Taz does say that it is not in the requirement of a Reviis. He says that it is not even possible to drink a Reviis. The Mishna Berura doesn’t Pasken like the Taz but at least the Taz should be a suitable Teretz for the Minhag Haolam.

Rav Moshe told me to go home and look at the Taz completely and I will see that it is a mistake. He told me this at the end of Schacharis one day and I came back to Yeshiva and with a few friends we learned the Taz. I would like to share with you what I think Rav Moshe meant.

The Taz does say that on Schnapps less than a Reviis a person can make a Borei Nefashos. However, if one reads the Taz they see his Psak. He writes at the end that since Tosafos Shitta is that a Borei Nifashos can be made even on a Mashehu so here we can be Mitztareif Tosafos Shitta to my Sevara that a Borei Nifashos can be made on a Mashehu of Schnapps.

Tosafos Shitta that a Borei Nifashos can be made on a Mashehu, however Tosafos doesn’t hold that way by Kiddush. So that even though the Taz held this way regarding Borei Nefashos that has nothing to do with Kiddush where this is no Tziruf of Tosafos Shitta. I think that is what Rav Moshe meant. If you like Schnapps drink Schnapps but make Kiddush on a Reviis.

Hands & Feet In The Beis Midrash - Yisro 5771

After Revii we read that 19:2 (וַיִּסְעוּ מֵרְפִידִים, וַיָּבֹאוּ מִדְבַּר סִינַי, וַיַּחֲנוּ, בַּמִּדְבָּר; וַיִּחַן-שָׁם יִשְׂרָאֵל, נֶגֶד הָהָר) that Klal Yisrael travelled from Refidim to Midbar Sinai. The Ohr Hachaim Hakadosh says these words of introduction to the Aseres Hadibros and their arrival at Har Sinai actually hint at how a person must prepare for learning throughout the generations. (וַיִּסְעוּ מֵרְפִידִים) is a reference to the fact that Klal Yisrael is in Refidim and they were weak in their learning of Torah. So that (וַיִּסְעוּ מֵרְפִידִים, וַיָּבֹאוּ מִדְבַּר סִינַי) is telling us that Klal Yisrael in order to learn properly have to leave the laziness that a person can have in his learning and learn with enthusiasm.

Rav Druk in Darash Mordechai brings that Rav Shimon Shkop used to say that when a person is learning if he explains a Sevara and doesn’t use any type of hand motions to explain what he is saying that is a Chisaron in the Sevara. To explain a Sevara properly there has to be Tenuas Yadayim.

She’Rafu Yidaihaim Min Hatorah. It says by Refidim that their hands were lazy from Torah. They explained things with laziness and without enthusiasm. That is a problem.

Rav Druk adds that there is a Chavis Yair that says there is a Rabbinic expression Lo Yatzo Yadav V’raglav B’bais Hamedrash. If someone Paskened something wrong the Rabbinic expression to deride that is Lo Yatzo Yadav V’raglav B’bais Hamedrash he did not find his hands and feet in the Bais Hamedrash. Rav Druk brings the Chavis Yair who suggests that this means learning without enthusiasm without the Yadaim, the excitement of hand motions in explaining. 

What is Raglav B’bais Hamedrash? We learn in the same Pesukim right after Revii, that Klal Yisrael arrived at Har Sinai 19:1 (בַּיּוֹם הַזֶּה, בָּאוּ מִדְבַּר סִינָי). 

Chazal have a Drasha that on that day they came what does it mean on this day they came? Chazal say over a well known Drasha that Rashi brings (שיהיו דברי תורה חדשים עליך כאלו היום נתנו) that it should be as if the Torah was given today. Rav Druk says you can tell how a person walks into the Bais Medrash for a Seder. If a person walks into the Bais Medrash with enthusiasm you know he is going to learn well. If a person walks in lazily and Dreis around and takes awhile to get to his seat you know that the learning will not be challenging and will not be done enthusiastically. So that the Raglayim (the feet too) tell us a lot about the learning. Lo Yatzo Yadav V’raglav B’bais Hamedrash. Use your hands and your feet to build up the enthusiasm and show the enthusiasm that a person has in his Limud Hatorah.

Beis Din, Gilgulim, And Compromise -Yisro 5771

This week’s Parsha begins with the visit from Yisro and his advice to Moshe Rabbeinu on how to run the Batei Dinim. At the end of that advice we find Yisro saying the following, 18:23 (אִם אֶת-הַדָּבָר הַזֶּה, תַּעֲשֶׂה, וְצִוְּךָ אֱלֹ קִ ים, וְיָכָלְתָּ עֲמֹד; וְגַם כָּל-הָעָם הַזֶּה, עַל-מְקֹמוֹ יָבֹא בְשָׁלוֹם) If you do the following then you will be able to persevere and also all of Klal Yisrael will be able to come in peace.

There is a Kasha here on the (יָבֹא בְשָׁלוֹם) and that is the Gemara in Maseches Berachos which says that the proper words with which to say goodbye to someone is Leich L’shalom, go to peace. If someone has passed away then the custom is to say Leich B’shalom, go in peace. Leich L’shalom, a living person can go to peace and still have a relationship with someone else and have Shalom. However, a Niftar who does not have a potential to have a disagreement with anyone, so it must be Leich B’shalom. Go to a place that there will be Shalom. So why here does Yisro use an expression of (יָבֹא בְשָׁלוֹם) which is an expression that would be used for a Niftar?

The Kasha is even stronger when we look back in Parshas Shemos and we see that Yisro himself when he gave permission for Moshe Rabbeinu to leave in 4:18 (וַיֵּלֶךְ מֹשֶׁה וַיָּשָׁב אֶל-יֶתֶר חֹתְנוֹ, וַיֹּאמֶר לוֹ אֵלְכָה נָּא וְאָשׁוּבָה אֶל-אַחַי אֲשֶׁר-בְּמִצְרַיִם, וְאֶרְאֶה, הַעוֹדָם חַיִּים; וַיֹּאמֶר יִתְרוֹ לְמֹשֶׁה, לֵךְ לְשָׁלוֹם) where Yisro uses the proper expression of (לֵךְ לְשָׁלוֹם). Why here does Yisro say (וְגַם כָּל-הָעָם הַזֶּה, עַל-מְקֹמוֹ יָבֹא בְשָׁלוֹם)?

I would like to share with you 2 answers on this question. The first is something that Rav Pam often said in the name of the Chofetz Chaim. He said that this Posuk is a Remez to Gilgulim. The idea that a Neshama can be forced to come back to this world for a second or even a third life if he had some unfinished business so to speak in his first life. That we understand is a pain for the Neshamah and the Neshamah does not want to go through the Tzar of coming back.

If someone owes money to someone else then there is a concept that he has to come back to repay that money. Probably not if someone is an Ones, however, if someone has some sort of guilt of owing money to someone else then yes. If the Batei Dinim run properly and people go to them and things are resolved the Neshamah comes upstairs B’shalom. So the Posuk of (וְגַם כָּל-הָעָם הַזֶּה, עַל-מְקֹמוֹ יָבֹא בְשָׁלוֹם) means that Yisro was saying if the Batei Dinim are run properly than the Neshamah will come upstairs with a complete peace in the Olam Ha’emes. However, if the Batei Dinim don’t run properly and people wait on line for many hours and don’t come, then they lack that B’shalom because they are liable to have to come back for another Gilgul because of the financial issues that were not resolved. This is one Pshat. 

I saw a second Pshat in the Netziv’s Hameik Davar. We know that Batei Dinim can rule in 1 of 2 ways. Either Bais Din can try to figure out what the Halacha is and settle a dispute that way or through Peshara which is sort of a compromise. The idea is that the Bais Din can try to make some accommodations between the sides. That is called a Peshara. We know that Peshara is something which is healthy for the litigants because somehow they will both walk out friendly maybe not best friends but at least some sort of civility towards each other. 

Mashe’ainkain, Shuras Hadin where each side typically feels that they are totally right, when the Bais Din Paskens for one side without any Peshara the other side of course feels cheated (unless they are Baalei Madreiga who don’t).  Most people are that way and therefore we advise them to do Peshara.

There is a Halacha in Choshen Mishpat that if a Dayan knows a Halacha he is prohibited from making a Peshara. What I mean to say is, in most Dinei Torah most Dayanim have to sit down and work through the Sugya because things are not usually clear in Shulchan Aruch. Then they can offer a Peshara because they do not know the Halacha. If they know the Halachah, it is prohibited to do a Pesharah and therefore Moshe Rabbeinu never did a Peshara. He always had to do Shuras Hadin. He learned the Torah as a gift from the Ribbono Shel Olam and knew exactly what to do.

Part of Yisro’s advice says the Netziv, was to get 18:21 (שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת, שָׂרֵי חֲמִשִּׁים, וְשָׂרֵי עֲשָׂרֹת) people who were not totally clear in the Halacha so that they would be able to offer Peshara. Mashe’ainkain Moshe Rabbeinu when he Paskens it affects the Sholom of the people. Peshara is called Mishpat Sholom it is called a judgment of peace and therefore the Netziv Teitches (עַל-מְקֹמוֹ יָבֹא בְשָׁלוֹם).This doesn’t refer to the normal Sholom that a person says as a greeting or as a departure greeting to a Neshama. Rather it means they will come with the judgment of peace which is ideal in a Bais Din.

"Put On A Sweater, It's Freezing Outside!" - Yisro 5770

20:11 יא  כַּבֵּד אֶת-אָבִיךָ, וְאֶת-אִמֶּךָ--לְמַעַן, יַאֲרִכוּן יָמֶיךָ, עַל הָאֲדָמָה, אֲשֶׁר יְרוָר אֱלֹקֶּיךָ נֹתֵן לָךְ It is not so clear what the Gidarim are for this Mitzvah. The Gemara in Maseches Kiddushin 31b (3 lines from the bottom) says, ת"ר איזהו מורא ואיזהו כיבוד מורא לא עומד במקומו ולא יושב במקומו ולא סותר את דבריו ולא מכריעו כיבוד מאכיל ומשקה מלביש ומכסה מכניס ומוציא Lets say your mother asks you to wear a coat when you go out. Are you Oiver on Kibbud or Yirah or are you not Oiver on anything if you choose not to wear a coat? The Sefer Hamakne writes clearly that a person is Oiver anytime he disobeys a parent. There is a Dibrois Moshe that disagrees strongly and says that a person is only Oiver if he disobeys one of the things that are listed in the Gemara and anything else he is not Oiver on.

Rav Pam had Rayas to the Hamakne including the Gur Aryeh (Maharal) on this week’s Parsha who says you are Oiver on Yirah if you disobey. There is the Sefer Yir’ahem that sides with Rav Moshe that you are not Oiver. It is hard to Pasken such a Shaila. Of course it is better to be Machmir.

There is a Machloikes Shach and Taz at the beginning of Siman 240 if the Chiyuv not to contradict a Father, is that only in front of him or even not in front of him. A P’shara might be if a father asks a child to put on a coat. The child can put on the coat in front of him and when he is not on front of the father he has 2 Tzirufim to be Maikail and take off the coat. 1) The Shach who holds that not in front of him it is not an Issur to contradict a father and 2) Rav Moshe’s Shittah that it is Bichlal not included in the Aveira.

Most probably it is not the best thing to teach children that they have to only listen to parents while they are in front of them, however, technically and Halachically this seems to be a Gevaldiga P’shara and an important Halacha.

Legislating Feelings? - Yisro 5770

20:13 יג  לֹא תַחְמֹד, בֵּית רֵעֶךָ;  {ס}  לֹא-תַחְמֹד אֵשֶׁת רֵעֶךָ, וְעַבְדּוֹ וַאֲמָתוֹ וְשׁוֹרוֹ וַחֲמֹרוֹ, וְכֹל, אֲשֶׁר לְרֵעֶךָ This is one of the hardest Mitzvois, not to be jealous. How are you Oiver Loi Sachmoid, it is an Aveira She’baleiv. The Rambam in Hilchos Gizeila Perek 1 Halacha 9 and 10 explains, you are only Oiver if you do a Maaseh that you get the thing you want.  In the other version of the Aseres Hadibrois that is brought in Parshas Va’eschanan 5:18 it is brought as Loi Sis’a’ve which the Rambam holds you are Oiver even if you just try to get the thing you want and you don’t succeed. The Rambam says on both of them that you don’t get Malkus because it is a Lav She’ain Boi Maaseh. The Raivad asks, how can you say that there is no Maaseh if the Rambam just said that there is a Maaseh of you going out to buy the object that you desired?

The Steipler in Birchas Peretz on this week’s Parsha gives a nice Teretz. The Aveira is not buying it or getting the object that you desired, the Aveira is the feeling in the heart. How much Chemda must there be to be Oiver Loi Sachmoid? It must be enough Chemda that the person actually goes out and gets this object that he desires. This is only a Shiur in Chemda, however, the Lav is still one that does not have a Maaseh.

Who stood Up? - Yisro 5770

18:7  ז  וַיֵּצֵא מֹשֶׁה לִקְרַאת חֹתְנוֹ, וַיִּשְׁתַּחוּ וַיִּשַּׁק-לוֹ, וַיִּשְׁאֲלוּ אִישׁ-לְרֵעֵהוּ, לְשָׁלוֹם; וַיָּבֹאוּ, הָאֹהֱלָה  Rashi says וישתחו וישק לו: איני יודע מי השתחוה למי, כשהוא אומר איש לרעהו, מי הקרוי איש, זה משה, שנאמר (במדבר יב ג) והאיש משה This Posuk that is brought down by Rashi that uses the word Ish by Moshe is found in Bamidbar 12:3 where it says, ג  וְהָאִישׁ מֹשֶׁה, עָנָו מְאֹד--מִכֹּל, הָאָדָם, אֲשֶׁר, עַל-פְּנֵי הָאֲדָמָה  So it must be that Moshe is the one that bowed.

Earlier in Parshas Shemos we find in 2:21 that כא  וַיּוֹאֶל מֹשֶׁה, לָשֶׁבֶת אֶת-הָאִישׁ; וַיִּתֵּן אֶת-צִפֹּרָה בִתּוֹ, לְמֹשֶׁה  So Yisro is also called Ish so how is it a Raya? If it says Stam Ish shouldn’t Rashi bring the Raya from Parshas Shemos that is found earlier than in Parshas Behalois’cha? So how do we know that the Ish who bowed down was Moshe Rabbeinu?

The Chasam Soifer that is brought down in Toras Moshe says it is not a G’zeiras Shava Ish Ish. Rashi said that since the word Ish is used we don’t know who bowed down to whom. It is a Lamdisha Rashi. The Gemara in Maseches Kiddushin 33b (16 lines from the top) has a Kler. איבעיא להו בנו והוא רבו מהו לעמוד מפני אביו  Meaning, if the son is the Rebbi who stands up for who? The Gemara is not Poishet this Kasha and it stays a Safeik.

It is told over about the Maram Mei’Rutenberg that after he became a Gadol B’yisrael he went to visit his father and there was a Shaila who should stand up for who. This is a Shaila M’d’oiraissa.

So here Yisro is the father in law and Moshe Rabbeinu is the Manhig Yisrael so Moshe had a Chiyuv to stand up for his father in law and Yisro had a Chiyuv to stand up for the Gadol Hador. So Rashi is saying who stood up for whom? I can’t tell you because I can’t figure it out because the Gemara is not Poishet the Shaila of who gets up for who. So since the Posuk in Parshas Behaloischa says וְהָאִישׁ מֹשֶׁה, עָנָו מְאֹד so it must be that Moshe stood up for Yisro.  So it is not a Gezairas Shavah Ish Ish that you would be able to ask that Yisro is called Ish earlier in Parshas Shemos than Moshe is called Ish in Parshas Behaloischa. 

We actually find the word Ish regarding Moshe earlier than in Parshas Behaloischa, and that is in Parshas Ki Sisa 32:1 where it says א  וַיַּרְא הָעָם, כִּי-בֹשֵׁשׁ מֹשֶׁה לָרֶדֶת מִן-הָהָר; וַיִּקָּהֵל הָעָם עַל-אַהֲרֹן, וַיֹּאמְרוּ אֵלָיו קוּם עֲשֵׂה-לָנוּ אֱלֹ ק ים אֲשֶׁר יֵלְכוּ לְפָנֵינוּ--כִּי-זֶה מֹשֶׁה הָאִישׁ אֲשֶׁר הֶעֱלָנוּ מֵאֶרֶץ מִצְרַיִם, לֹא יָדַעְנוּ מֶה-הָיָה לוֹ So why did Rashi go to a later Posuk to bring that Moshe is called Ish? It must be that Rashi wanted the context of this Posuk that calls Moshe an Ish and Anav in the same Posuk.

Besides for this being a beautiful Vort it is also a Mussar for us. Our generation has become lax in standing up for a Father and Father in Law and we should become more Zahir in this Inyan.