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.

Chametz In The Todah - Tzav 5770

The Korban Todah is the only Korban a Yachid can bring that has Chomeitz in it. There is actually a Lav in the beginning of this week’s Parsha against bringing a Korban that has Chomeitz in it. What is the significance of the Chomeitz in the Korban Todah and why is it the only Korban that has Chomeitz in it?

As we approach Pesach we know that Chomeitz is a sign of the Yeitzer Horah. A sign of things that are not good and are not spiritual. Chomeitz is Matzah with hot air in it, a lot of nothing. Therefore, it is a sign of something negative. A Korban Todah is brought after a person was saved from a difficulty as thanksgiving to the Ribboinoi Shel Oilam. A person does not bring a Korban Todah after something good happens to him. If you win the lottery you do not bring this Korban. It is only when you have a Sakana and are saved from it that you bring the Korban Todah. Therefore, Rav Zevin explains the idea of the Chomeitz in the Korban Todah is precisely this, every time a difficulty falls on a person, and a person is faced with a danger and is ultimately saved, you bring a Korban Todah that has Chomeitz and Matzah. You are recognizing that there was Chomeitz, or Aveiros that brought the something negative, and that you were saved. The Korban Todah is the recognition of the Chomeitz and the Matzah of the experience.

As a matter of fact today instead of the Korban Todah we say the Brocha of Hagoimel which says Hagoimel L’chayavim Toivois. We recognize that there was something lacking in us that brought about this Sakanah.

The Har Tzvi, Rav Tzvi Pesach Frank says this is the reason that the custom is that after a woman gives birth she does not say Birchas Hagoimel. It would seem that she should say Birchas Hagoimel as childbirth is deemed a Sakanah?

The Har Tzvi explains, a Korban Todah is brought only for Chayavim Toivois, that a person came into a Sakanah only because of an Aveira, however, a woman who gave birth it is a Mitzvah and not an Aveira that brought her into Sakanah. It is a Mitzvah to have children. So a woman can’t say Hagoimel L’chayavim Toivois because they are not Chayavim.

With this a second question is answered. The Minhag is that Ketanim don’t Bentch Goimel. Every other Beracha we are Mechaneich children to say so why is Birchas Hagoimel different? The simple answer is that our custom is to Bentch Goimel after an Aliyah which a Kattan does not have. However, the Halacha is that you don’t need an Aliyah according to everyone in order to Bentch Goimel. Rav Tzvi Pesach Frank explains that Hagoimel L’chayavim Toivois, and since a Kattan can never be considered Chayav he doesn’t get punishment for those things that he did. If he came into a Sakana it wasn’t because of Chayavim Toivois and therefore the language of the Beracha is totally inappropriate for a Kattan so he wouldn’t Bentch Goimel.

So the explanation of this unique Korban the Korban Todah that has Chomeitz fits well with the concept of Chag HaPesach, the idea that Chomeitz represents negativity or a failing in Avoidas Hashem.

Parshas Zachor For Bar Mitzvah Boys - Zachor 5771

 

We Lain Parshas Zachar once a year and it has nothing to do with the month of Adar. As the Chasam Sofer explains, Parshas Zachar would not have to be Lained Dafka this week. The Mitzvah is once a year to remind one’s self of what Amaleik did. Because we know that Shicha (forgetting) is after a year. Therefore, once a year we read the Parsha of Amaleik. We remember what Amaleik did and the Mitzvah of Mechiyas Amaleik and before it is forgotten the next year we read it again. 

The question is the following. What about a Bar Mitzvah boy that was Bar Mitzvah during the summer. Now he is missing Parshas Zachor. The Chasam Sofer is saying and I think we all agree that Parshas Zachor is not inherently a Mitzvah of the month of Adar. For those of us who were Bar Mitzvah long ago it is fine, we can wait another week to do Parshas Zachor because we still remember the Parshas Zachor of 11 months ago. However, for the Bar Mitzva boy who now becomes Michuyav in Mitzvos, why is he not obligated to read Parshas Zachor now. Parshas Zachor according to the Terumas Hadeshen has to be read from a Sefer Torah. Every Bar Mitzvah boy at the time of his Bar Mitzvah should Lechora have to read Parshas Zachor from a Sefer Torah or listen to it be read in order to be Mekayeim the Mitzvah. He is missing the Mitzvah from the day of his Bar Mitzvah until the first Parshas Zachor.

Many people answered that Parshas Zachor is a once a year Mitzvah. However, that is not really true, it is not a once a year Mitzvah. It is a Mitzvah that we do once a year but we do it once a year as the Chasam Sofer explains in order that we are in a constant state of awareness.

The Ragechove (Tzofnas Paneiach) was asked a Shaila. It was Erev Pesach. The Bechorim in town needed a Siyum to be absolved from fasting on Erev Pesach, however, the person who was making the Siyum was not Bar Mitzvah and people were saying that it can’t count as a Siyum as after all the Limud HaTorah of a boy under 13 is not a Mitzvah D’oraissa. The Ragechove was asked if that Siyum is adequate.

The Ragechove responded and said that depends if when a child learns Torah if it is a Mitzvah D’oraissa or not. If it is not a Mitzvah D’oraissa the Siyum is not sufficient to allow breaking a fast. The Ragechove said it is and he bases it on a Yerushalmi.

The Yerushalmi says that if someone fathers a child when he is a Koton and then he becomes Bar Mitzvah and the child survived and is born that he is Mekayaim Pru U’rvu. The reason for that is, while most Mitzvas Asei are Mitzvos that we do with an action, a few Mitzvas Asei are Mitzvos where the result is the Mitzvah. Pru U’rvu having the child is the result. It needs the action but the Mitzva is the result. So fathering a child as a person under Bar Mitzvah counts as a Mitzvah.

The same thing. Limud Hatorah has two parts, the Masei Hamitzvah to learn and the Totza’a, to know what you learned. To have knowledge of Torah. When a Koton learns, the act is not a Mitzvah D’oraissa. The Maisei Hamitzvah it is not. Because that learning could remain as a Gadol, that action of learning as a Koton counts as a Mitzvah D’oraissa and a Siyum is good. That is what the Ragechove said.

Those are two Mitzvos, Pru U’rvu and Limud HaTorah where the result is the Mitzvah. Parshas Zachor should be the same. The Mitzvah of Laining Parshas Zachor is the result that one have the knowledge, the Yidi’a, memory of Parshas Zachor. For that reason, even if you heard Parshas Zachor as a Koton the Maise that a Koton does is not a Mitzvah D’oraissa. However, Kol Zman the resultant Mitzvah is there, the Mitzvah D’oraissa is Mikuyaim.

I would add that later I saw that R’Yaakov Kamenetzky has the same Vort on Limud HaTorah.  The Rambam in the beginning of Perek Aleph of Hilchos Talmud Torah says that if a child is not taught by his father he has to learn Torah from when he is able to understand. R’Yaakov Kamenetzky asks how can a Koton be Michuyav in a Mitzvah D’oraissa and he answered that because the Yedios will remain with him later, the Mitzvah is to learn as a Koton and cause the Mitzvah D’oraissa of Yedios of the learning that is remaining later. A Geshmake Yesod which explains Parshas Zachor quite well.