Hands Up II - Naso 5771

Regarding Duchaning there is a Shaila, if a Kohen can’t hold his arms up, either because of injury or because he is too old and weak, may he Duchan without his hands held up we know that Nesias Kapaim is M’akeiv, however, may he Duchan by supporting his arms, he will stand near the Shtender and maybe put something on the Shtender to make it higher and then raise his hands, it will be held up by the Shtender or by a friend. The Ksav Sofer had a fellow who created a contraption that hung from his hat through which he held his hands up. Is that Kosher for Nesias Kapaim?

The Ksav Sofer in a Teshuva 13, the Node B’ Yehuda Kamma Teshuva 5 says no. Nesias Kapaim requires that one has to raise his hands and therefore one who cannot lift up his hands and he is a Kohen should walk out of the Shul before Ritzai so that it should not look like he is not a Kohen, because he cannot Duchan. That is the Halacha.

The question is this, when the Milchama with Amaleik was taking place when Yehoshua led Klal Yisrael through this battle, Aaron and Chur were helping support Moshe Rabbeinu’s hands when he was weak from holding his hands up. It says in Shemos 17:11 (וְהָיָה, כַּאֲשֶׁר יָרִים מֹשֶׁה יָדוֹ--וְגָבַר יִשְׂרָאֵל; וְכַאֲשֶׁר יָנִיחַ יָדוֹ, וְגָבַר עֲמָלֵק). From here we see not like the Node B’yehuda and Ksav Sofer that even hands that are supported and held up are also considered to be (כַּאֲשֶׁר יָרִים מֹשֶׁה יָדוֹ) so why should Duchaning be any different? This Kasha has a Sevara Teretz that you can figure out if you think about it enough.

Hands Up - Naso 5771

There is a Chakira, is Nisias Kapaim, the raising of the hands a Tenai in Duchaning or is it the Guf Hamitzvah (the definition of the Mitzvah).

What I mean to say is this, Amida – standing is not the Guf Hamitzvah of Duchaning, it is a condition of Duchaning. The question is if Nesias Kapaim is like Amida – standing or no Nesias Kapaim is the definition of Duchaning. After all we call it Nesias Kapaim and we don’t call it Birchas Kohanim. The Gemara in Maseches Kesuvos 22 calls it Nesias Kapaim .

What is interesting is that this Chakira is the subject of a Machlokes in the Halacha L’mayseh world. All Berachos have to be said before the Mitzvah is done. So the question is the following, when the Kohen makes the Beracha should the Kohen already have their hand stretched out, make the Beracha and go directly into Nesias Kapaim, or should they first make the Beracha and then lift up their hands. If you hold that lifting up the hands is the Guf Hamitzvah then the Kohanim should first make the Beracha and then lift up their hands. However, if you hold it is only a Tenai then on the contrary lifting the hands should be done first so that they are ready for the Mitzvah.

There are 2 Minhagim in what the Kohen does first. Most Kohanim stretch out the hands first, make the Beracha and in middle of the Beracha turn towards the congregation. The Shulchan Aruch Harav (which is the Minhag followed by Chabad) says in 128:17 that Nesias Kapaim is the Guf Hamitzvah and therefore the Beracha should be said first, the arms are stretched out second. So we find here a major difference if the Inyan of Nesias Kapaim is a Tenai in the Mitzvah or if it is the Guf Hamitzvah.

The Biur Halacha at the beginning of 128 in Dibbur Hamaschil B’zor wonders how is it that we have a custom that a Father blesses his children with the same Nusach as the Kohanim on Erev Yom Kippur and most do it every Erev Shabbos. So the Biur Halacha asks a Zar, someone who is not a Kohen is not allowed to Duchan and he is Over an Issur if he Duchans?

If you hold like the Shitta of the Baal Hatanya this would be answered because putting the hands out is the Guf Hamitzvah and if you bless a child without putting out the hands you are not Over on Bal Tosef.

In fact the Torah Temima on this week’s Parsha writes that the Gra was Makpid not to Bentch somebody with two hands on the head because that is Nesias Kapaim with your arms spread out and he would only Bentch somebody with one arm spread out. In the Siddur HaGra it says that as well. This is controversial as there are those that say that it is inaccurate. But at any rate the point is the same. That if you hold that Nesias Kapaim is the Guf Hamitzvah then Avada if somebody doesn’t do it with the proper Nesias Kapaim then he is not Over on Bal Tosef.  Even though it is a minority Shitta, the Bal Hatanya, nevertheless it would answer the Biur Halacha’s Kasha and it would come out very Geshmak with that.

There is something else that comes out very Geshmak. Tosafos in Yevamos 7a asks a question. Why is it that a Kohen that kills someone even if it was B’shogeg can’t Duchan again and yet in the Bais Hamikdash this Kohen is not Posul to do the Avoda if he killed somebody if he is not a Rasha, meaning that he did Teshuva or he did it B’ones.

Tosafos in the second Teretz says (ואין קטיגור נעשה סניגור) the hands which cause someone’s death cannot be the same hands to bring Beracha. 

It is Mashma from Tosafos that the hands are what bring the Beracha itself, because after all if the hands are only something that is part of the ceremony then Zerikas Hadam, the spreading of the blood in the Bais Hamikdash also requires hands. However, if we understand Nesias Kapaim the use of the hands as the Guf Hamitzvah then that is a whole different story. So this is something else that would come out very Geshmak based on this Chakira.

The 12 Year-Old-Nazir - Naso 5769

There was a 12 year old boy whose Rebbi was bothering him to get a haircut. One day when this happened, the boy said I am Mekabeil on myself that I will be a Nazir until tomorrow. You might say, he is only 12 so there is no problem. However, a 12 year old is someone who is capable to make a Neder and Nezirus. So you may be thinking, so he won’t drink wine or take a haircut for a day, so it is not a problem. However, it is a big problem because someone who makes themselves a Nazir today is a Nazir until Mashiach comes. The reason is, because a Nazir stays a Nazir until he gets his haircut and brings his Korbanos and obviously this boy couldn’t bring his Korbanos. Another problem is, the Rambam says a Nazir must move to Erertz Yisrael because they were Goizer Tumah on Eretz Ha’amim. So you may be thinking, let him be Shoiel on his Neder. Not so simple. Toisafois in Maseches Niddah 46b says that the fact that a 12 year old is Samuch L’ish is only L’hachmir and not L’hakeil. So the Mishneh L’melech says that if someone who is Samuch L’ish makes himself a Nazir, he can’t be Shoiel on his Neder until he turns 13. So this boy has a really serious problem. This Shaila is in a Kuntros written between the two World Wars. It was a Tumal in Litta. Some Rabbanim held that he is a Nazir until he becomes 13. Others held, either he is a Nazir and then he could be Shoiel or he is not a Nazir and he doesn’t have to be Shoiel. Mima Nafshach, either he is a Gadol or he is not a Gadol. There were those who held that it is an Anan Sa’adi that it was a joke and that should be a Heter. When we learned Maseches Kiddushin we spent time on the Inyan of Kiddushin Derech S’choik. I am not sure he meant it as a joke. I think he meant it seriously, that he wanted to be a Nazir for a day. This is most probably one of the more difficult Shailois, and the Mussar is to tell your children not to Chas V’shlaom, come Lidei Kach.