After the Chuppah - Naso 5772

As you know, the Parshios are divided in ways that separate between topics. It is very strange that Parshas Bamidbar contains Masa Bnei Kehas, the Tzavaa and different details of what the family of Kehas carried and this week’s Parsha begins with Masa Bnei Gershon and the Masa of the Bnei Mirari (with the details of the job of the Bnei Gershon and Bnei Mirari and the things that they carried when transporting the Mishkan). It is very strange that the 2 Parshios should be broken up in a way that it doesn’t leave either the Bnei Gershon or the Bnei Mirari together with Parshas Bamidbar. After all Parshas Naso has plenty of Pesukim to spare. Or the reverse, putting the Bnei Kehas in this week’s Parsha. It is a very strange way for it to be broken up.

In the Sefer Acharai Ro’i he has a beautiful Pshat. The Hakdama to this Pshat is the Ohr Hachaim Hakodosh who writes that when the three families of the Leviim divided the job of carrying the utensils of the Mishkan from one place to another it wasn’t one job that was divided among three. Rather it was three jobs in the sense that each carrying job had its own personality had its own uniqueness. The Bnei Kehas carried the Aron. Ha’aron Nosei Es Nosav. It was not a job that involved heavy physical work. It was easy to do. The Aron carried those who carried it. It was a certain level of carrying. Bnei Gershon carried the curtains that housed the Shechina. They carried things that were very close to the Shechina. The Bnei Mirari had the hard job of carrying the Kerashim the wooden beams that formed the walls of the Mishkan and their job was the most physical of all. In sorts the Bnei Kehas had the most spiritual job, the Bnei Gershon in between, and the Bnei Mirari the most physical part of this holy work of carrying the Mishkan.

Parshas Bamidbar always occurs before Matan Torah, before Shavuos. This is something mandated by the Gemara in Maseches Megillah 31b (13 lines from the bottom) (תניא ר' שמעון בן אלעזר אומר עזרא תיקן להן לישראל שיהו קורין קללות שבתורת כהנים קודם עצרת) (Ed. Note: the Gemara mentions that the Klalos of the end of Sefer Vayikra in Parshas Bichukosai are read before Shavuos, however, Tosafos in Dibbur Hamaschil (קללות שבת"כ קודם עצרת ושבמשנה תורה קודם ראש השנה) mentions (ומטעם זה אנו קורין במדבר סיני קודם עצרת כדי שלא להסמיך הקללות שבבחוקותי לעצרת)). Parshas Naso is always afterwards. As you know Mattan Torah is very much like a Chuppah between Klal Yisrael and the Ribbono Shel Olam. When it comes to getting married there are different attitudes which a person must succeed at dealing with in marriage.

When ones comes to a Chuppah, Ha’aron Nosei Es Nosav. A person is carried to the Chuppah on cloud 9. A person is carried there happily. It is not a hard job to come to one’s own wedding. However, after the wedding a person has to know that the job changes. It becomes much more tedious and it becomes much more difficult. First you have the job of having walls, utensils, things in the house that keep the Kedusha of the house going. Later on in life if one is successful and is Zoche to have a family, Zoche to have a business, Zoche to have a home, than the job becomes a much more physical job. A job that involves much more labor and much more difficulty. All of this to build a Mishkan, a place of Kedusha.  Therefore, the Parsha was broken up this way. Before Mattan Torah which is the Chuppah of Bnei Yisrael with the Ribbono Shel Olam, we have the carrying of the Ha’aron Nosei Es Nosav. We talk about carrying the Mishkan and the matter of carrying the Aron, of flying high as one approaches Mattan Torah as one approaches the Chuppah. After the Chuppah which was Shevuos, we read about the next job, maintaining the Kedusha that we have and ultimately the Bnei Mirari which is the job of doing physical things, hard things that have to do with our physical existence. For example, going to work, paying bills, struggling with physical challenges. All of this in a manner of Kedusha of leading to the building of the Mishkan. Therefore, the Seder is B’davka. The Seder is Kehas first, Shevuos second, Gershon & Mirari next. A beautiful Vort for the Parsha and a beautiful Vort for this coming month of June where many of us have Aufrufs, Chasunah, Sheva Berachos, Simchos relating to Chosson V’kallah. This is a very appropriate Vort for such an occasion.

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.

The Suspense! - Bamidbar 5771

In 1:4 the Posuk says (וְאִתְּכֶם יִהְיוּ, אִישׁ אִישׁ לַמַּטֶּה--אִישׁ רֹאשׁ לְבֵית-אֲבֹתָיו, הוּא). Hakadosh Baruch Hu says I am going to get you somebody from each Sheivet to be a leader to be counted. Who are they? (וְאֵלֶּה שְׁמוֹת הָאֲנָשִׁים) these are the names of them and we go through the list of names. 
We can only picture the drum rolls and the suspense of who in each Sheivet will be chosen to be a Nasi. There is a problem. This counting took place in the second year on Rosh Chodesh Iyar in the Midbar. Prior to that there had been a Chanukas Hamishkan during the first 12 days of Nissan. What happens there actually took place at the end of Parshas Naso and although it is later in the Chumash it actually took place earlier. We know Ein Mukdam U’muchar BaTorah. There at the end of Parshas Naso we read that 12 Nesiim brought Korbanos one each day in the beginning of Nissan. 
What do you know, those 12 Nesiim are exactly the same as the 12 Nesiim in Parshas Bamidbar. Well if you read Chumash consecutively everything makes sense, however, if you read it chronologically we know that what happens at the end of Parshas Naso was first. So now Hakadosh Baruch Hu said to Moshe Rabbeinu (אִישׁ אִישׁ לַמַּטֶּה--אִישׁ רֹאשׁ לְבֵית-אֲבֹתָיו, הוּא). Hashem says to Moshe use the Nasi and then (וְאֵלֶּה שְׁמוֹת הָאֲנָשִׁים). Who needs it, Moshe Rabbienu knew their names, they had just brought Korbanos. Why did Moshe Rabbeinu need Hashem to tell him who the names of these people are? Tzorech Iyun Gadol!

Safeik Neifel - Bamidbar 5771

The third Vort for today involves a slight contradiction between 2 Rashi’s. 3:15 & 3:40 (טו פְּקֹד אֶת-בְּנֵי לֵוִי, לְבֵית אֲבֹתָם לְמִשְׁפְּחֹתָם: כָּל-זָכָר מִבֶּן-חֹדֶשׁ וָמַעְלָה, תִּפְקְדֵם). We have Hakadosh Baruch Hu’s command to count the Leviim and then the command to count all the Bechorim of the Jewish People and then do a Pidyon Haben of sorts where each Levi would redeem one B’chor of Bnei Yisrael and would take his place in the Kedusha of Sheivet Levi. That was the command, count the Leviim from one month and older, count the Bechorim from a month and older, and then we will see how many Leviim and how many Yisraeilim and the Leviim will be in the place of the Bechorim and whatever remains they will have to be Po’de themselves using money. This is the theme of this part of Perek Gimmel. Here we find a nuance of a difference in Rashi and as we know Rashi is Midakdeik M’od. Rashi is very careful to do things exactly so and that is the Mussar of the Dvar Torah which we are going to share now. 
In 3:15 where the Posuk says to count the Leviim from one month and older Rashi is bothered why from a month and older why not from a day and older, why are you staring from Ben Chodesh? (מבן חדש ומעלה: משיצא מכלל נפלים הוא נמנה ליקרא שומר משמרת הקדש. אמר ר' יהודה ברבי שלום למוד הוא אותו השבט להיות נמנה מן הבטן, שנאמר (במד' כו, כט) אשר ילדה אותה ללוי במצרים, עם כניסתה בפתח מצרים ילדה אותה. ונמנית בשבעים נפש, שכשאתה מונה חשבונם לא תמצאם אלא שבעים חסר אחת, והיא השלימה את המנין:) Rashi explains that a neifel is someone who is not well enough in order to live for 30 days and is not considered a living human being. So you have to make sure that he is 30 days in order to make sure that he is not a Neifel. 
Later in 3:40 the Posuk says to count the Bechor Zachar of Bnei Yisrael and that they are counted from a month and older. (וַיֹּאמֶר יְרוָר אֶל-מֹשֶׁה, פְּקֹד כָּל-בְּכֹר זָכָר לִבְנֵי יִשְׂרָאֵל, מִבֶּן-חֹדֶשׁ, וָמָעְלָה; וְשָׂא, אֵת מִסְפַּר שְׁמֹתָם). Rashi says (פקד כל בכור זכר וגו' מבן חדש ומעלה: משיצא מכלל ספק נפלים) that they are counted from a month and older so that they should be out of Safeik Nefalim. That needs explanation. Rashi shouldn’t have mentioned the word Safeik (ספק). That when they are 30 days old they are no longer Nefalim. Why does Rashi change the language from (משיצא מכלל נפלים) to (משיצא מכלל ספק נפלים) when the Posuk switches in 3:15 from talking about Leviim to 3:40 where the Posuk is talking about Klal Yisrael? 
The Har Tzvi (Rabbi Tzvi Pesach Frank (1873–1960)) says an absolutely brilliant Vort. In order to
understand this I have to be Makdim a Halacha in Hilchos Pidyon Haben. In the rule of Pidyon Haben we say Hamotzi Maichavairo Alav Haraya. The Kohen only gets his money if it is absolutely certain that he is entitled to the money. If there is any Safeik, we treat Safeik Pidyon Haben different than almost every other Safeik D’oraissa. Every Safeik D’oraissa is L’chumra, however, for reasons that we are not going to go into today, a Safeik in Pidyon Haben is Hamotzi Maichavairo Alav Haraya. There is no Pidyon Haben unless it is certain that there is an obligation. 
Mimeila says the Har Tzvi, it is beautiful. In a case of Yisraeilim the Bechor Yisrael, these are people who needed Pidyon. From when do they need Pidyon? They have to be Yatza Michlal Safeik Neifel (משיצא מכלל ספק נפל). Even if they are Safeik Neifel they still are Patur from Pidyon Haben. They have to go out and not only shouldn’t they be a Vadai Neifel they should also not be even a Safeik Neifel. Once they are not a Safeik Neifel then and only then do they need a Pidyon.  
In the case of the Leviim the reverse is true. Each Levi worked to Patur a Yisrael. So that the Hamotzi Maichavairo Alav Haraya would make that there should be more Leviim that are counted. In other words, if you have a Levi and he is a Safeik Neifel he could Patur a Yisrael from Pidyon. Because Hamotzi Maichavairo Alav Haraya a Yisrael could say it is a Safeik and I will consider it that he Paturs me. So by the Leviim they had to be Yatza Michlal Neifel (יצא מכלל נפל). If they are a Vadai Neifel then they can’t Patur. However, a Safeik Neifel you don’t need (משיצא מכלל ספק נפל) all you need is Yatza Michlal Vadai Neifel. 
As a PS what is a Safeik Neifel? The Gemara in Maseches Bechoros 49a (it is a discussion, Ayin Sham) says that on the 30th day itself a child is a Safeik Neifel. So that there is a category of exactly 30 days old and in that category this would be the difference between the two counting’s that is what is says in the Har Tzvi. 

Levi'im Are Different - Bamidbar 5771

Let’s move on to a second Rashi. We find that the Posuk in 1:49 says, (אַךְ אֶת-מַטֵּה לֵוִי לֹא תִפְקֹד, וְאֶת-רֹאשָׁם לֹא תִשָּׂא, בְּתוֹךְ, בְּנֵי יִשְׂרָאֵל). The Ribbono Shel Olam tells Moshe not to count Sheivet Levi. Why not? Rashi explains (אך את מטה לוי לא תפקד: כדאי הוא לגיון של מלך להיות נמנה לבדו. דבר אחר, צפה הקב"ה שעתידה לעמוד גזירה על כל הנמנין מבן עשרים שנה ומעלה שימותו במדבר, אמר אל יהיו אלו בכלל, לפי שהם שלי, שלא טעו בעגל) in the Davar Achar that all those who were counted were destined to die in the Midbar. So the Ribbono Shel Olam said do not include these in the counting because they (Sheivet Levi) are mine and didn’t sin with the Eigel. 
The difficulty with this Rashi is addressed by the Meforshim of Rashi including the Mizrachi and others who say that the sin of the Eigel is not what caused the Yidden to die in the Midbar. The sin of the Meraglim caused the Yidden to die in the Midbar and not the Eigel. If so, why does Rashi say that Levi should not be included because they didn’t sin with the Eigel, Rashi should have said because they didn’t sin by the Miraglim? This is a difficulty in this Rashi. 
The standard Teretz that is usually given is that had Klal Yisrael sinned only by the Meraglim they would not have to die in the Midbar. It was because they had sinned at the Eigel and now they once again sinned with the Meraglim that they were punished. The Leviim who did not sin by the Eigel, even had they sinned by the Meraglim nevertheless they were not Chayuv Misah because they didn’t sin by the Eigel as Rashi says. This is the standard Teretz and it is certainly an acceptable Teretz. 

The Satmar Rebbe in Divrei Yoel offers a different Pshat. I will be Makdim to that a Kasha. He asks what is the difference if they were all counted together or not. If all 12 Shevatim were counted together and 11 Shevatim sinned and one didn’t why should that Sheivet die in the Midbar? If a complete Sheivet didn’t sin they should be exempt from the Gizaira. Why is being counted together something which is Kovea? 
The Satmar Rebbe answers with a beautiful understanding, Divrei Mussar, certainly something appropriate L’mi She’amaro, the Satmar Rebbe. He says  Sheivet Levi didn’t sin by the Eigel. Therefore they deserved some sort of protection for the Cheit Hamiraglim. The protection is not to mix with people who do Aveiros, it is to stay separate. A person has to guard himself from coming to close to someone who does Aveiros. Even when a person’s intention is to be Mikareiv the other one, it is usually the Yeitzer Hora that is Mikareiv, which brings a better person down rather than the better person bringing the weaker person up. It is the job of a person to be careful and to keep themselves at arms distance from others (even Yidden) who do Aveiros. 
Says the Satmar Rebbe. Hakadosh Baruch Hu’s intention with not counting Levi separately here was to make a Pirud, to make some sort of separation, some divide, a statement that there is Sheivet Levi and there is everyone else. They are not all the same. Sheivet Levi would hopefully live that way. They would see themselves as different. In the Parsha of the Degalim, which is the way the camp was set up in the Midbar, we see that the Leviim were indeed not one of the Shevatim who had the usual setup around the Mishkan, however, the Leviim were at the place of the Mishkan. Again, the idea is to make a Pirud. 
He says beautifully. In their mind they didn’t sin at the Eigel, therefore, I don’t want to count them and put them together with everyone else. Because if I do, then when it comes to the sin of the Meraglim they may G-d forbid be pulled along. Therefore, this is the Pirud that was made and that was the Satmar Rebbe’s Shitas Hachaim to warn Yidden and his followers to keep themselves separate and different than others who do Aveiros.  

A beautiful thought and it explains why later we will find in Sefer  Yehosha that Sheivet Yehuda stayed to itself, it was separate many many years, 500 years before the 10 Shevatim and the 2 Shevatim split into a northern kingdom and a southern kingdom with the 10 Shevatim going to Galus. Why? We talk about Achdus Yisrael shouldn’t they have all been together? The answer is that even within the Achdus Yisrael and the Ahavas Yisrael a person has to be smart enough, wise enough to know that when it comes to close friendship which happens only with certain people, if you are smart enough to chose and know who is going to drag you down and who is going help you rise. This is a very important lesson as well.