The Missing Mitzvos - Devarim 5769

In his introduction to Sefer Devorim, the Ramban writes B'lashoin Safeik whether the additional Mitzvois that are told to Klal Yisrael in Sefer Devarim were told here at the end of the 40 years in the Midbar or were they told earlier and for whatever reason they were written here. It is a Davar Pele, because the Ramban has a Tzad that perhaps all these Mitzvois were not Noiheig in the Midbar and for whatever reason the Ribboinoi Shel Oilam pushed it off until this point.

Chumash Devarim has many common Mitzvois like Kriyas Shema, Birchas Hamazon, Kiddushin, Gittin, and Yibum. In Parshas Ki Seitzei there are the rules of who a person is permitted to marry. As a matter of fact, Chumash Devarim has more Mitzvois than any of the other Chumashim. Yet the Ramban says, that these Mitzvois were said here at the end.

Interestingly, the Kli Chemda at the beginning of the Parsha brings a Teshuvas Haratbaz in Kli Chemda, Gimmel. The Ratbaz is Matmia on the Ramban. He says could it be that Moshe Rabbeinu hid his Nevua for 40 years? The Kli Chemda says this isn't such a Shtarke Kasha because the Ribboinoi Shel Oilam told him to hide it. There is a Prat that is very Shver. The Ramban says that maybe the reason why Hakadoish Baruch Hu pushed it off until here is because these Mitzvois are Mitzvois She'ainoi Tidiroi, meaning they are Mitzvois that don't come up all the time. Many of them are Noiheg only in Eretz Yisrael and it wasn't important to mention them prior to here. The problem of course is Birchas Hamazoin and Kriyas Shema that does come up all the time. Regarding Birchas Hamazoin, the Kli Chemda says something very interesting.

In Maseches Berachois 20b that was mentioned last week in connection with the Machloikes Rashi and Toisafos regarding if women are Mechuyav in Birchois Hamazoin Midioiraisa, Rashi 32 lines from the top in Dibbur Hamaschil Oi Dirabanan says that Eretz is Mi'akeiv in Birchas Hamazoin (או דרבנן. דכתיב על הארץ הטובה אשר נתן לך (שם)והארץ לא נתנה לנקבות להתחלק ואי משום בנות צלפחד חלק אביהם הם דנטלו שהיה מיוצאי מצרים). Since women don't have a Cheilik in Eretz Yisrael they wouldn't be Mechuyav Midioiraisa in Benchting. The Kli Chemda says very Geshmak, Klal Yisrael in the Midbar didn't have a Cheilek in Eretz Yisrael, so Mimeila they weren't Michuyav in Birchas Hamazoin the whole 40 years that they were in the Midbar. It fits well. The Gemara says Kisheyarad Lahem Haman Tiken Lahem Moshe Birchas Hazon. Moshe Rabbeinu made a Takana, so it is a D'rabanan that they should say the first Beracha of Benchting until Hazon Es Hakoil. The Beracha of Noide L'cha that discusses Eretz Yisrael wasn't Mesaken at that time. Moshe was Mesakein the Beracha in order for Klal Yisrael to give thanks and Hakaras Hatoiv for the Man. It is very Geshmak according to this that the Mitzvois were Einoi Tidiroi. The Gemara says that they were able to buy Chitim from the Bedouins that roamed in the Midbar so it was Einoi Tidiroi. According to this, it wasn't even Shayich to them the Mitzvah of Birchas Hamazoin and Mimeila it is Geshmak that the Mitzvah wasn't given until later.

There is a question regarding the Tefillin that they wore. The Mitzvah of Tefillin is in Parshas Bo, however, 2 of the Parshois of Tefillin (Shema and Vehoiya Im Shamoi'a) are first here in Chumash Devarim. So what type of Tefillin did they wear? Here we can't say that they weren't Mechuyav in Tefillin because they were Mitzuva in Parshas Bo. The Brisker Rav says that they had Tefillin with all 4 Parshios. However, the Parshios of Shema and Vehaya have 2 Dinnim. There is one Din that they are part of Torah meaning it didn't exist until here and the other Tzad is that it is part of Tefillin and Tefillin they received as a Mitzvah in Parshas Bo already with these 2 Parshios included.

A last question on the Ramban is that the reading of Kriyas Shema since it is done daily how could the Ramban say that the Mitzvois listed in Chumash Devarim are Mitzvois that are Einoi Tidiroi?

Kim'at the last Shiur that I heard from Rav Moshe was when the Yeshiva had just started learning Maseches Gittin. Rav Moshe mentioned that the first Toisafos in Gittin which is Dibbur Hamaschil Hameivi Get (המביא גט. אע"ג דלשאר שטרות פעמים נמי קרי גט כדתנן בהשולח (לקמן דף לד:) אין עדים חותמין על הגט אלא מפני תיקון העולם ואיירי בכל שטרות ובפרק התקבל (לקמן דף סד.) נמי תניא וכן לגיטין ומפרש התם גיטי ממון מ"מ לא הוצרך לפרש כאן גט אשה משום דברוב מקומות היכא דקתני גט סתם איירי בגט אשה ומה שנוהגים לכתוב י"ב שורות בגט אומר ר"ת משום דגט גימטריא י"ב ור"י שמע בשם רב האי גאון ובשם רבינו סעדיה משום דכתיב ספר כריתות כשיעור י"ב שיטין המפסיקין בין ארבעה חומשי ספר תורה כדאמר בבבא בתרא (דף יג:) שצריך להניח ארבעה שיטין בין כל ספר וספר והפסק שבין וידבר למשנה תורה לא חשיב שאינו אלא חוזר ושונה מה שלמעלה) explains that the reason why a Get has 12 lines is Merumez to the blank lines between the Chumashim in a Torah. Between every Chumash is 4 blank lines which is = to 12 lines (between Beraishis and Shemos (4), between Shemos and Vayikra (4), and between Vayikra and Bamidbar (4)). What about the 4 blank lines between Bamidbar and Devarim? Toisafos says 3 lines before the end of that Toisafos, V'hefseik Shebain Vayidabeir L'mishne Torah, Loi Chashiv, She'einoi Ela Choizer V'shoine Ma Shelamala. Meaning there is nothing new in Devarim and it is only Chazarah from what was mentioned earlier. Rav Moshe asked, there are more Mitzvois in Devarim than in any other Chumash?

Rav Moshe answered if Klal Yisrael had not been in the Midbar for 40 years there would not be a Chumash Devarim. However, where would these Mitzvois be? There are Parshiyois in the Torah that are full of the Chataim of Klal Yisrael. For example, Ki Sisa - Eigel, Shelach - Meraglim, Koirach. Had it not been for the Chataim, the MItzvois would have been there. Like this the Torah would have been complete after only 4 Sefarim.

Wasn't Moshe Tamei? - Chukas 5770

The question of the week is: The Gemara in Gittin 60a on the bottom to 60b on the top says that the Parsha of Parah Adumah was taught to Klal Yisrael on the day that the Mishkan was set up, on Rosh Choidesh Nissan. אי נמי לכדרבי לוי דאמר רבי לוי שמנה פרשיות נאמרו ביום שהוקם בו המשכן אלו הן פרשת כהנים ופרשת לוים ופרשת טמאים ופרשת שילוח טמאים ופרשת אחרי מות ופרשת שתויי יין ופרשת נרות ופרשת פרה אדומה  They had been told about Parah Adumah at Marah. The first Parah Adumah ever was prepared on the second day of Nissan. Why was it not done earlier? One of the requirements as listed in the Posuk 19:4 is ד  וְלָקַח אֶלְעָזָר הַכֹּהֵן, מִדָּמָהּ--בְּאֶצְבָּעוֹ; וְהִזָּה אֶל-נֹכַח פְּנֵי אֹהֶל-מוֹעֵד, מִדָּמָהּ--שֶׁבַע פְּעָמִים  that there should be an Ohel Moed, so until there was a Mishkan there can be no Parah Adumah.
Moshe Rabbeinu served as Kohen Gadol the week before Rosh Choidesh Nissan. Moshe Rabbeinu should have been a Tamei Meis as there was no Parah Adumah at that time, so how was he able to be Meshameish as a Kohen Gadol especially if the obligation of the Parah Adumah had already been taught at Marah? You might argue that maybe Moshe Rabbeinu wore gloves all the time and made sure not to become Tamei. However, we find that Moshe Rabbeinu was Oisek with Aroinoi Shel Yosef, he is credited with taking Yosef’s coffin into the Midbar and we know that the Aroinoi Shel Yosef is Metamei because the whole Mitzvah of Pesach Sheini came about because of the people who were Tamei Meis from carrying the Aron of Yosef. So Moshe Rabbeinu should have been Tamei, so how could he have served as the Kohen Gadol during the Shivas Yimei Hamiluim?  

Shmura Matzah, Mezuzas, and Lungs - Bo 5772

In this week’s Parsha we have Yetzias Mitzrayim and the Mitzvos that have to do with Pesach evening. I would like to start with a Dvar Halacha and then a Dvar Machshava both relating to the Mitzvos that the Torah gives us regarding the eating of Matzah on Pesach. The Meshech Chochmoh (which is not found in his writings on this week’s Parsha) says that it says in the Posuk 12:17 (וּשְׁמַרְתֶּם, אֶת-הַמַּצּוֹת), that it is a special Mitzvah to have Shmura Matzos. As you know it is a Mitzvah to have Matzah that is Shomer (watched) L’sheim Mitzvah which applies only to the Matzah that is being eaten on the first night of Pesach at the Seder. The rest of Pesach however, it is enough that it is not Chometz, it doesn’t have to be Matza that is Shomer (Shmura Matzah).

The question is (וּשְׁמַרְתֶּם, אֶת-הַמַּצּוֹת) what type of a Shemira is the Torah obligating? Rashi says (ושמרתם את המצות: שלא יבאו לידי חמוץ) It is an obligation to be careful in guarding the dough to not turn into Chometz. The prohibition of not eating Chometz is the same the first night of Pesach as it is on the entire Yom Tov of Pesach. The question then is why should the Torah give a different level of obligation in Shemira on the first night of Pesach then on the rest of the days of Pesach? Besides for the prohibition of eating Chometz they are identical.

The Meshech Chochmoh answers with a Yesod. We know that when it comes to Mitzvos we are allowed to rely on Rov. The Torah allows us to rely on Rov. What would happen if someone were to rely on Rov, for example you Shecht an animal properly and eat the meat. Unbeknownst to him, there is a hole in the heart thus rendering the animal a Treifah. The Halacha is that Ones K’man D’lo Ovid Dami. If someone does something B’ones he is not guilty at all and then K’man D’lo Ovid, it is as if he did not eat Nivaila. There is no Aveira at all. A person should be perfectly comfortable relying on Rov in that the animal is not a Treifah and indeed we never check for any Treifos outside of the lungs where finding them to be Treif is more common.

When it comes to a Mitzvas Asei however, the same thing is not true. Let’s say someone would buy an Esrog in a manner in that he was relying on Rov that it is a Koshera Esrog and it would turn out that it is not a Koshera Esrog. Well he wouldn’t be punished for failing to take an Esrog because he was an Ones but he would not get Schar for taking an Esrog because in fact he did not actually take an Esrog. Which means to say, when you have a good excuse it helps for a Lo Sasei. Somebody violates a prohibition then Unsa K’man D’lo Ovid, if someone does something B’ones he is not guilty at all because he did not do the Lo Sasei. However, when it comes to a Mitzvas Asei even if one is guiltless in failing to do it, he still doesn’t benefit from having done the Mitzvah.

With this Yesod the Meschech Chochmoh explains beautifully. All Pesach we don’t have to guard the flour that it not turn into Chometz. We are permitted to rely on Rov. Normally, kernels which are ground into flour make flour that is not Chometzdik. Normally if you make dough by mixing flour and water and bake it within 18 minutes it will not turn into Chometz. There is no special need to watch it although occasionally things may happen, but in a typical case the Torah allows us to rely on Rov. Therefore, all of Pesach we are perfectly comfortable relying on that Rov. The reason is even if it would turn into Chometz Unsa K’man D’lo Ovid and there is no violation. The first night of Pesach is different because it is a Mitzvas Asei so if we would eat something that we think is Matzah and B’ones it really is not Matzah you wouldn’t be punished for failing to eat Matzah on the first night of Pesach but you would be missing the benefit of eating Matzah as the MItzvas Asei. Therefore, the Torah is teaching us that when you come to a Mitzvas Asei (a Mitzvah that one does actively) a person should be extra careful (וּשְׁמַרְתֶּם, אֶת-הַמַּצּוֹת).

This is a beautiful explanation and with this the Meshech Chochmo goes on to explain that the Halacha is that a person is obligated to check his Mezuzas twice every seven years. The Bedika is an obligation despite the fact that as we know most of the time the Mezuzas are Kosher. They were Kosher originally and they stay Kosher. When it comes however, to checking Treifos, checking the lungs, a Treifa that is common, there is no biblical obligation to check, we rely on Rov. Checking the lungs is a Chumrah which we do Mid’rabban. Why is checking Mezuzas different than checking the lungs?

When it comes to Treifos we come to relying on Rov, and therefore, we can eat without checking. Unsa K’man D’lo Ovid, the Torah allows us to rely on Rov. If we accidently eat something that was Treif there is no consequence. However, when it comes to Mezuza which is a Mitzvas Asei, if we relied on Rov and in fact the Mezuza was Posel indeed we wouldn’t be punished for failing to do the Mitzvah but still we would be failing from having benefit of a Kosher Mezuza. This is a beautiful Vort based on a very basic Yesod.

Moshe's Neder - Parshas Shemos 5769

The Gemara in Maseches Nedarim Daf Samech Hei says that Moshe Rabbeinu swore to Yisroi that he would stay in Midyan. Hashem told Moshe to go down to Mitzrayim. Hashem also says Bmidyan which the Gemara darshuns that Moshe was told to go to Midyan to be Matir Neder. The technical Shaylah is, how could Moshe be Matir Neder if he was the only Yid, as we know that you need Yiddin to be Matir the Neder?

A woman called Rebbi on a Erev Shabbos with a shaylah that she was Mafrish Challah, however, it got mixed back into the dough. The Eitza would be to be Matir Neder on the Hafroshas Challah. How do you do that, if Shlichus doesn’t work for Hatoras Nedarim. The Eitza is, in Siman Reish Chaf Cheis in Yoreh Daiya it says that a wife can be Matir Neder through her husband. This is one of the places that we see that Ishtoi K’gufoi has a Nafka Mina L’halachah. So Rebbi had her give a piece of Challah to her husband to bring to shul to be Matir Neder and then she was Mafrish Challah anew. This just illustrates the problem that Moshe Rabbeinu faced by not having a Yiddishe Bais Din.

Maybe we can say as follows, there is a Shayla in the P’nei Yehoshua in Maseches Gittin 35b. Can a person be Oiver on his Neder with the knowledge that he will be Matir Neder at a later time. Hatoras Nedarim is Oikar the Neder L’mafrayah. To illustrate this point, let us say that Rebbi would have told this woman, eat the Challah on Shabbos, however, leave over a piece. After Shabbos you will be Matir Neder and that will cause that your eating of the Challah was not being Oiver a Neder. She would also be Mafrish again after this. The P’nei Yehoshua says this is acceptable.  

Rav Yitzchak Elchonon an Achroin, disagrees in his Sefer Ein Yitzchok. His reasoning is Chaishinun L’misah that we don’t know how long he will live and maybe he won’t be Matir Neder before he dies. Im Kein, Moshe Rabbeinu who knew that he would live, because Hashem sent him to take out Klal Yisrael, then even the Ein Yitchak might be Moideh to the P’nei Yehoshua. So maybe Moshe waited until he got to Mitzraim to be Matir Neder.

Rashi on the Parshah says Moshe swore that he wouldn’t leave Midyan unless Yisroi would give him Rishus. So since Yisroi gave Rishus there was no reason for the Hatorah, so it’s a Stirah to the Gemara?

It could be that Moshe made a Neder, and anytime a Neder is Al Das someone else you need his Rishus. So it could be that he got Rishus and went back to Mitzrayim and was Matir Neder.