The Rambam's Shita Of Safek D'Oraysa - Bechukosai 5770

27:32 לב  וְכָל-מַעְשַׂר בָּקָר וָצֹאן, כֹּל אֲשֶׁר-יַעֲבֹר תַּחַת הַשָּׁבֶט--הָעֲשִׂירִי, יִהְיֶה-קֹּדֶשׁ לַירוָה  In Maseches Bava Metzia, Chazal learn from the word Asiri that only Asiri Vadai and not Asiri Safeik is Kodesh. Only the tenth animal that is certain is Koidesh Lashem.  We learned in that Sugya about one animal that jumped back into the corral after already being counted.

The Rambam’s Shittah is that Min Hatorah every Safeik D’oraissa is L’kula. Meaning that the idea that we have that every Safeik D’oraissa is L’chumra is itself a D’rabanan. However, the Din D’oraissa is that Safeik D’oraissa L’kula.

The Kasha that Rishonim ask on the Rambam is, if so why do I need a Posuk to teach us Asiri Vadai V’loi Asiri Safeik? I thought every Safeik D’oraissa is L’kula, not only Asiri Vadai V’lo Asiri Safeik?

The Chavas Da’as at the end of the first volume in Yoreh Dai’a after Siman 110 in the section of Bais Hasafeik explains the Rambam’s Shittah. What is the logic of Safeik D’oraissa is L’kula? When the Torah says to not eat Nevaila and Teraifa it means something that is certainly Nevaila and Teraifa. Something that is Safeik Nevaila is not included in the Torah’s prohibition. That is why the Rambam holds Safeik D’oraissa is L’kula. When the Torah says don’t wear Shatneiz it means don’t wear something that is certainly Shatneiz. Something that is Safeik Shatneiz doesn’t have a prohibition. This that the Gemara Darshuns that Asiri Vadai and not Asiri Safeik, the Chavas Da’as says this is not a special Drasha from an extra Posuk here. It is really the general rule that whenever the Torah expresses something it is only expressed Mitoiras Vadai. By our Posuk only the tenth animal that is certain to be the tenth animal is Koidesh.

This Drasha is true elsewhere as well.  We gain with this Chiddush of the Chavas Da’as that the Rambam’s Shittah that Safeik D’oraissa is L’kula, is only by Issurin and not by Mitzvois. The Torah says take an Esrog, Pri Eitz Hadar. A Safeik Pri Eitz Hadar you might think is acceptable according to the Rambam because Safeik D’oraissa is L’kula. The Chavas Da’as says no. When the Torah says that you must take an Esrog, you must take that which is a Vadai Pri Eitz Hadar. Therefore, the Rambam’s rule only applies to Issurin of Safeik D’oraissa is L’kula and not to Mitzvos that are a Maiseh (you must DO something).

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.

Losing Free Will & Getting It Back - Va'era 5771

In Vayechezak Leiv Paroh, Hakadosh Baruch Hu said, that I will harden Paroh’s heart. Much has been written whether it is fair to harden Paroh’s heart. The Ramban discusses it and others do as well. What is often missed is the Rambam’s Chiddush in Hilchos Teshuvah 6:3. The Rambam says that this that happened to Paroh, his lack of Bechirah, is something that can happen to anyone. Rasha Chotei Ad She’yigramu Chata’av V’yistamu Dalfei Teshuvah. If someone sins enough, he can come to a point that his sins cause his ability to do Teshuva to be removed. That is the Chiddush of the Rambam. That is a Pliya. Because we believe that a human being always has Bechira. Why is the Rambam saying that Bechira can be taken away?

I saw in the Leiv Eliyahu a long footnote from Rav Sholom Schwadron who brought the Leiv Eliyahu to print. He inserted a long footnote to explain this Rambam. He has a beautiful explanation. He says sometimes a person sins to a degree that the sins causes that his heart is hardened. That is an Onesh that is a punishment. All punishments can be removed through Tefillah. Davening helps. Afilu Cherev Chada Munachas Al Tzavarei Shel Adom Al Yimna Atzmo Min Hatefilla U’min Harachamim. A person who asks Rachamei Shamayim can have an Onesh removed.

Therefore, says Rav Schwadron, the Rambam is not saying that he no longer has Bechira at all. He no longer has Bechira in this sin, however, if he Davens for the Yeitzer Hora to be removed that Davening will help that from Shamayim he will have Siyata Dishmaya that the Yeitzer Hora will disappear. This is important for each and every one of us. We all have some level of Avodas Hashem in which we to have reached the point of Yishui Leiv. There are things that we do that sometimes we can’t control. Playing on the internet too long. Bate’ling too long. Watching ballgames which is a total waste of time. There are things that we find very difficult to stop doing. We are so in the habit of doing it. We have reached the point of what the Rambam discusses. We are into something so much that it doesn’t go away.

In our Shemoneh Esrei we should Daven for Siyata Dishmaya, we should Daven to the Ribbono Shel Olam to help us overcome the Yeitzer Hora. That is the key to overcoming difficulties in Avodas Hashem, where those difficulties have reached such a point that we find it very hard to overcome.

Hashem Is Your Shadow - Va'era 5769

Rav Tzadoik in Pri Tzaddik is found in Parshas Shemois Ois Vav. Rashi in Perek Gimmel Posuk Yud Ches on the words V’shamu L’koilecha says Elokim Pakoid Yifkoid Eschem, that the word P’kida is a Siman that he is the Goiyel and the Medrash explains that this Siman is the reason that Klal Yisrael will listen. The Ramban asks, maybe Moshe knew that this word P’kida was the Lashon thru a Mesorah and really he wasn’t the Goiyel. A Teretz might be offered, that since Moshe wasn’t in Mitzrayim, it would have been impossible that he would know the Lashon of Geulah. However, Rav Tzadoik has a different P’shat. The Posuk says K’mayim Panim El Panim, the way a person relates to someone else typically is the way that person will relate back to him. It is like looking into a mirror. Hashem will deal with us in a similar fashion, as is also brought down in Chasiddishe Seforim. Hashem is often times referred to as a Tzeil (shadow), meaning whatever you do, Hashem mimicks you. When a person davens with Ahavah, Hashem responds in kind. However, when a person davens a “dry” Tefillah, the Tefillah is accepted but the Cheishek is not the same. Rav Tzadoik mentions this concept by Rosh Hashonah regarding the Zichroinois. It is a very difficult concept, because Hashem remembers everything, so what are we saying that Hashem should remember? The P’shat is that someone who forgets the Borei Oilam is also forgotten. The Rambam writes in Moireh Nivuchim, that Hashgacha Protis is someone who thinks of Hashem. Someone who is removed and doesn’t think about Hashem, has Hashgacha Klolis. He falls under the general Hashgacha of the world. Someone who wants to have Siyata Dishmaya thinks about the Boirei Oilam and then Kavayochel, the Borei Oilam puts his mind to him. Zichroinois says Rav Tzadoik, is us remembering Hashem so that Hashem should remember us. K’mayim Panim El Panim. It is the same thing in Perek Gimmel Posuk Yud Daled, “Ehkeh Asher Ehkeh”.  Rashi says, that this means that the same way Hashem is with us in this Galus, so to he will be with us in future Galius. The Ramban has a different P’shat. He says, Hashem says, the same way you are to me is the same way I will be towards you. This is the same concept we just discussed from Rav Tzadoik. Rav Tzadoik adds on that it will be like this in the generation of Mashiach. When a person has the correct attitude towards the Geulah Sh’leimah, a Hisorerus, Cheishek, and Emunah in it, that Hisorerus is then channeled back down towards us. We know that Parshas Vayakhel-Pekudei is repetitious of Parshah Terumah and Tetzaveh to a great degree. The Ramban echos this by saying it would have been enough had Parshas Vayakhel-Pekudei said Vayoimer Moshe El Kol Adas Bnei Yisrael, basically, that whatever Hashem told Moshe he did. Why does it have to repeat everything? It is similar to the story with Eliezer where the story is repeated, Nasoi by the Nidvas Hanisi’im where all 12 Nesi’im Nedavas are repeated, and Parshas Masoi where the Masoies are repeated. All these cases showed a special Chavivous for Hashem so Hashem repeats those episodes because K’mayim Panim El Panim. There is a Rabbi Akiva Eiger that says, before we say V’ahavta Eis Hashem Elokecha (where we are discussing our love for Hashem), we say Ahavah Rabah (where we are discussing Hashem’s love for us). When we talk about Davening and doing Mitzvois, it shouldn’t be done out of habit. There should be a Ahavah a Chavivous, with a purpose that will be Meoirer a sense back.