BERACHOS 19 - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.
1)
(a)'Whoever speaks evil about a deceased person, may as well speak about a stone'. This might mean that the dead do not know what one says about them. What else might it mean?
(b)In that case, how can we explain the incident, cited by Rav Papa, in which someone spoke evil about Shmuel after his death, and a cane fell from the roof and pierced his brain?
(c)What does Rebbi Yehoshua ben Levi say happens to a person who speaks badly of a Talmid-Chacham after his death?
(d)In the Pasuk on which he bases his statement (which follows the words "Heitivah Hash-m la'Tovim"), how does Rebbi Yehoshua ben Levi explain ...
1. ... "ve'ha Matim Akalkelosam"?
2. ... "Yolichei Hash-m es Po'alei ha'Aven"?
3. ... "Shalom al Yisrael"?
1)
(a)'Whoever speaks evil about a deceased person, may as well speak about a stone'. This means either that the dead do not know what one says about them - or that they know but couldn't care less.
(b)As for the incident, cited by Rav Papa, in which someone spoke evil about Shmuel after his death, and a cane fell from the roof and pierced his brain - 'Talmidei-Chachamim are different, inasmuch as Hash-m avenges their honor.
(c)Rebbi Yehoshua ben Levi states that a person who speaks badly of a Talmid-Chacham after his death - will fall into Gehinom.
(d)In the Pasuk on which he bases his statement (which follows the words "Heitivah Hash-m la'Tovim"), Rebbi Yehoshua ben Levi explains ...
1. ... "ve'ha Matim Akalkelosam" to mean - that (although the person concerned is righteous in the eyes of Hash-m), he ascribes to them more sins than Mitzvos ...
2. ... "Yolichei Hash-m es Po'alei ha'Aven" - Hash-m will lead them to Gehinom ...
3. ... "Shalom al Yisrael" - even though they are no longer alive (they are lying peacefully in their graves).
2)
(a)What does Tana de'Bei Rebbi Yishmael say one should think about a Talmid-Chacham whom one saw sin at night?
(b)On what grounds do we reject the initial statement 'Shema Asah Teshuvah'?
(c)So what did Tana de'bei Rebbi Yishmael really say?
(d)If this is confined to where the Talmid-Chacham sinned bodily, what about where he sinned in money-related issues?
2)
(a)Tana de'Bei Rebbi Yishmael says one should think about a Talmid-Chacham whom one saw sin at night - that he may have done Teshuvah, and that one should therefore not think badly about him the next day.
(b)We reject the initial statement 'Shema Asah Teshuvah' - because it is not a matter of 'perhaps he did Teshuvah', but rather that 'he certainly did Teshuvah ...
(c)... and that is what Tana de'bei Rebbi Yishmael really said.
(d)This is confined to where the Talmid-Chacham sinned bodily; where he sinned in money-related issues - one may think badly about him until he is known to have returned the money.
3)
(a)In how many places did Rebbi Yehoshua ben Levi tell Rebbi Elazar they placed a Niduy on someone on account of Kavod ha'Rav? in the Mishnah
(b)How many of them are recorded in the Mishnah?
(c)What did the former reply when the latter asked him whereabouts they are to be found?
(d)What is then the significance of the following three cases: 'Someone who denigrates Netilas Yadayim, who speaks ill of a Talmid-Chacham after his death or who speaks to Hash-m in an arrogant manner?
3)
(a)Rebbi Yehoshua ben Levi told Rebbi Elazar that they placed a Niduy on someone on account of Kavod ha'Rav - on twenty-four occasions ...
(b)... all of which are recorded in the Mishnah.
(c)When the latter asked whereabouts they are ar to be found - the former instructed him to go and find them.
(d)The following three cases - are the only ones that he found: 'Someone who denigrates Netilas Yadayim, who speaks ill of a Talmid-Chacham after his death or who speaks to Hash-m in an arrogant manner.
4)
(a)Regarding the second of the three cases, we cite a Mishnah in Iduyos, which describes how, in order to prove that a Giyores and a Meshuchreres are subject to the Din of Sotah, the Chachamim cited Sh'mayah and Avtalyon who gave 'Kurk'mis' Mei-Sotah to drink. Who was Kurk'mis?
(b)What did Akavya ben Mahalalel then comment?
(c)What happened to Akavya ben Mahalalel after ...
1. ... they placed a Niduy on him?
2. ... he died?
4)
(a)Regarding the second of the three cases, we cite a Mishnah in Iduyos, which describes how, in order to prove that a Giyores and a Meshuchreres are subject to the Din of Sotah, the Chachamim cited Sh'mayah and Avtalyon who gave 'Kurk'mis' - (a freed Shifchah Cana'anis who was subsequently married and was suspected of being a Sotah) of Mei-Sotah to drink.
(b)Akavya ben Mahalalel then commented - that Sh'mayah and Avtalyon shared the same status as Kurk'mis, in that they were Geirim.
(c)After ...
1. ... they placed a Niduy on him, he died without the Niduy having been removed, and after ...
2. ... he died - they placed a stone on his grave.
5)
(a)On what grounds did Rebbi Yehudah (there) reject the above version? Why could Akavya ben Mahalalel not have been guilty of the sin of which the Tana Kama accused him of?
(b)According to him, who was the person on whom they placed a Niduy and why?
(c)What did they do after his death?
(d)Why
5)
(a)Rebbi Yehudah (there) rejected the above version, because, he maintained, Akavya ben Mahalalel could not have been guilty of the sin of which the Tana Kama accused him of - since when the gates of the Azarah closed on Erev Pesach on the group that was bringing the Korban Pesach, there was no-one inside who could compare with him in Chochmah, Taharah and Yir'as Shamayim.
(b)The person on whom they placed a Niduy was called Elazar ben Chanoch - for denigrating Netilas Yadayim.
(c)They placed a stone on his coffin ...
(d)... in order to demonstrate that Beis Din stones the casket of someone who dies in a state of Nidui.
6)
(a)The third case that Rebbi Elazar found was that of a man who troubled Hash-m a number of times to send rain the way he wanted it. What was his name?
(b)What message did Shimon ben Shetach send him? What would he have done to him had he not been Choni?
(c)Then why didn't he?
(d)What is the significance of the Pasuk in Mishlei that Shimon ben Shetach sent him "Yismach Avicha ve'Imecha ve'Sagel Yolad'techa"?
6)
(a)The third case that Rebbi Elazar found was that of a man - Choni ha'Me'agel, who troubled Hash-m a number of times to send rain the way he wanted it.
(b)Shimon ben Shetach sent him a message that had he not been Choni - he would have placed a Niduy on him ...
(c)... and the reason that he didn't was - because like a son to a father, he was able to make sinful requests of Hash-m and get what he wanted.
(d)Shimon ben Shetach added the Pasuk in Mishlei "Yismach Avicha ve'Imecha ve'Sagel Yolad'techa" to his message, commenting that the Pasuk was written with him in mind.
7)
(a)We ask why Rebbi Yehoshua ben Levi omitted the Beraisa in connection with Todos Ish Romi. What did Todos Ish Romi initiate in Rome in connection with eating kid-goats on Seider-night?
(b)Why were they called 'Mekulasin'?
(c)Why did Shimon ben Shetach then place a Niduy on him?
(d)Why indeed, did Rebbi Yehoshua ben Levi omit that case?
7)
(a)We ask why Rebbi Yehoshua ben Levi omitted the Beraisa in connection with Todos Ish Romi who initiated in Rome - the custom to eat kid-goats that had been roasted whole, on Seider-night.
(b)They were called 'Mekulasin' - because they would 'arm' the roasting kid by hanging the legs, the knees and the innards round the body of the roasting kid, so that it was not armed (and Targum Yonasan translates a copper helmet as 'Kulsa de'Nachsha').
(c)Shimon ben Shetach then placed a Niduy on him - because this conveys the impression that one is eating Kodshim ba'Chutz.
(d)Rebbi Yehoshua ben Levi omitted that case - since it is not a Mishnah, only a Beraisa cited by Rav Yosef.
8)
(a)Similarly, we ask why he omitted the Mishnah involving Rebbi Eliezer. What did Rebbi Eliezer say about an oven that they cut into segments between which they placed sand?
(b)What did the Chachamim say?
(c)What does Rav Yehudah Amar Rav say to explain why they referred to that oven as 'Tanur shel Achnai'?
8)
(a)Similarly, we ask why he omitted the Mishnah involving Rebbi Eliezer - who declared Tahor an oven that they cut into segments between which they placed sand.
(b)According to the Chachamim - it is Tamei.
(c)To explain why they referred to that oven as 'Tanur shel Achnai', Rav Yehudah Amar Rav explains - that they surrounded him with Halachos like an Achnai (a snake that curls round its victims).
9)
(a)What does the Beraisa say they did before placing a Niduy on Rebbi Eliezer?
(b)So why did Rebbi Yehoshua ben Levi omit that case?
(c)If Rebbi Yehoshua ben Levi had a list of twenty-four Mishnahs where the Chachamim placed a Niduy ... , how come that Rebbi Elazar found only three?
9)
(a)The Beraisa states that, before placing a Niduy on Rebbi Eliezer - they brought all the Taharos that Rebbi Eliezer had declared Tahor and burned them.
(b)And the reason that Rebbi Yehoshua ben Levi omitted that case was - because although the basic Machlokes is contained in a Mishnah, the niduy is mentioned in a Beraisa.
(c)Rebbi Yehoshua ben Levi had a list of twenty-four Mishnahs where the Chachamim placed a Niduy ... - because he extrapolated one thing from the other (so that many cases in Shas ended with Niduy even though the Mishnah does not specifically say so; whereas Rebbi Elazar found only three - because he only searched for the explicit cases.
10)
(a)The Beraisa forbids taking out a Meis for burial close to the time of Keri'as Sh'ma. What if one did begin carrying him out?
(b)How do we reconcile this with the fact they took Rav Yosef out to be buried close to the time of Keri'as Sh'ma?
10)
(a)The Beraisa forbids taking out a Meis for burial close to the time of Keri'as Sh'ma. In the event that did begin carrying him out - one continues with the burial.
(b)We reconcile this with the fact they took Rav Yosef out to be buried close to the time of Keri'as Sh'ma - in that Rav Yosef was a great man, in which case it was permitted.
11)
(a)What does another Beraisa say about those who are 'dealing with the Hesped', if the Meis is lying in front of them?
(b)What if it is not?
(c)What does the Aveil do whilst they are ...
1. ... reciting the Sh'ma?
2. ... saying the Amidah?
11)
(a)Another Beraisa rules that those who are 'dealing with the Hesped', if the Meis is lying in front of them - should slip out one at a time to recite the Sh'ma.
(b)If it is not - they should sit and recite the Sh'ma, and stand and say the Amidah.
(c)Whilst they are ...
1. ... reciting the Sh'ma - the Aveil sits and reflects, whereas whilst they are ...
2. ... saying the Amidah - he stands and accepts upon himself the Divine Judgement.
12)
(a)In the previous case, the Aveil begins 'Master of the World, I have sinned much before you!' How does he continue, according to the Beraisa?
(b)And he concludes 'May it be Your will to repair our breaches and the breaches of all the world with mercy!' On what grounds did Abaye object to the opening wording of the Aveil's Tefilah?
(c)His objection is based on a statement of Resh Lakish (and of a Beraisa in the name of Rebbi Yossi). What principle did Resh Lakish teach us, based on a Pasuk in Yeshayah?
(d)The people there said "Kim'at ki'Sedom Hayinu". What did the Navi answer them?
12)
(a)In the previous case, the Aveil begins 'Master of the World, I have sinned much before you. He continues (according to the Beraisa) - 'You have not punished me even one thousandth of what I deserve!'
(b)And he concludes 'May it be Your will to repair our breaches and the breaches of all the world mercifully!' Abaye objects to the opening wording of the Aveil's Tefilah - because one should not ask Hash-m for punishments.
(c)His objection is based on a statement of Resh Lakish (and of a Beraisa in the name of Rebbi Yossi), who, based on a Pasuk in Yeshayah - taught the principle -'Al Tiftach Peh le'Satan!' (not to invite the Satan).
(d)When the people there said "Kim'at ki'Sedom Hayinu". the Navi answered them "Hearken to the voice of Hash-m, Princes of S'dom!"
13)
(a)We learned in our Mishnah that if, after burying the Meis, one is able to begin and finish the Sh'ma before reaching the Shurah, one should do so, but if not, not. What does the Beraisa say that poses a Kashya on the Mishnah?
(b)How do we explain the Mishnah to solve the problem?
13)
(a)We learned in our Mishnah that if, after burying the Meis, one is able to begin and finish the Sh'ma before reaching the Shurah, one should do so, but if not, not. The Beraisa says - that even if one is able to start and finish one chapter or one Pasuk before reaching the Shurah one should do so.
(b)To solve the problem - we establish the Mishnah too, with regard to one chapter or one Pasuk.
19b----------------------------------------19b
14)
(a)In the time of the Mishnah, when forming the Shurah, the Aveil would sit and the rows of people would file past him. According to the Tana Kama, which rows were Patur from the Sh'ma and which rows were Chayav?
(b)What was the criterion according to Rebbi Yehudah?
14)
(a)In the time of the Mishnah, when forming the Shurah, the Aveil would sit and the rows of people would file past him. According to the Tana Kama - the rows that could see the Aveilim were Patur from the Sh'ma , whereas those that could not were Chayav.
(b)According to Rebbi Yehudah, the criterion was - whether one came in order to be Menachem Aveil or just to watch. The former is Patur, whereas the latter is Chayav.
15)
(a)Based on the Pasuk in Mishlei "Ein Chochmah, ve'Ein Tevunah ve'Ein Eitzah Neged Hash-m Hash-m", what does Rav Yehudah Amar Shmuel say about someone who discovers he is wearing Sha'atnez whilst walking through the main street?
(b)What reason does he present for his ruling?
(c)We query this from a Beraisa which talks about accompanying an Aveil who is a Kohen from the Beis ha'Kevaros and where there are two possible paths along which to walk, one Tahor and one Tamei. What does the Tana say one should do if the Aveil opts to walk along the one that is Tamei?
(d)Why is this permitted (See Shitah Mekubetzes)?
15)
(a)Based on the Pasuk in Mishlei "Ein Chochmah, ve'Ein Tevunah ve'Ein Eitzah Neged Hash-m Hash-m" - Rav Yehudah Amar Shmuel obligates someone who discovers he is wearing Sha'atnez whilst walking through the main street to remove it immediately ...
(b)... because, he says, when there is a Chilul Hash-m (under which sinning willfully falls), one does not show Kavod even for a Rav.
(c)We query this from a Beraisa which talks about accompanying an Aveil who is a Kohen from the Beis ha'Kevaros and where there are two possible paths along which to walk, one Tahor and one Tamei. The Tana rules, if the Aveil opts to walk along the one that is Tamei - one should show him Kavod by following him ...
(d). ... because of Kavod Tzibur (See Shitah Mekubetzes).
16)
(a)Based on another statement of Rav Yehudah Amar Shmuel, how did Rebbi Aba explain 'Tamei' in this context, so as not to pose a Kashya on Rav Yehudah Amar Shmuel?
(b)What is a Beis-ha'Peras?
(c)What were Chazal afraid might happen?
16)
(a)Based on another statement of Rav Yehudah Amar Shmuel, how did Rebbi Aba explain 'Tamei' in this context, so as not to pose a Kashya on Rav Yehudah Amar Shmuel, Rebbi Aba explained 'Tamei' in this context as - Tum'as Beis ha'Peras, which is only Asur mi'de'Rabbanan.
(b)A Beis-ha'Peras is - a field in which a grave was plowed up.
(c)Chazal were afraid that - the plow might have scattered bones the size of a barley, which render whoever inadvertently touches or moves them Tamei (though not be'Ohel).
17)
(a)Rav Yehudah gave a special concession regarding a Beis-ha'Peras to a person on his way to perform a specific Mitzvah. Which Mitzvah?
(b)What did he allow him to do?
(c)What did Rav Yehudah bar Ashi Amar Rav say about a Beis-ha'Peras that has become trampled?
17)
(a)Rav Yehudah gave a special concession regarding a Beis-ha'Peras to a person on his way to perform the Mitzvah of - Korban Pesach.
(b)He allowed him to blow his way through the field.
(c)Rav Yehudah bar Ashi Amar Rav ruled - that a Beis-ha'Peras that has become trampled is Tahor.
18)
(a)We query Rav Yehudah Amar Shmuel again from another Beraisa, where Rebbi Elazar b'Rebbi Tzadok describes how they used to jump over graves to greet kings. What was Rebbi Elazar b'Rebbi Tzadok's status?
(b)What sort of kings was he referring to?
(c)Why did they permit this even for Nochri kings?
(d)How does this pose a Kashya on Rav Yehudah Amar Shmuel?
18)
(a)We query Rav Yehudah Amar Shmuel again from another Beraisa, where Rebbi Elazar b'Rebbi Tzadok - a Kohen, describes how they used to jump over graves to greet kings.
(b)He was referring to - Malchei Yisrael and Malchei Akum alike ...
(c)... so that, if one merits it, he will distinguish between the Kavod of one and the Kavod of the other.
(d)... a Kashya on Rav Yehudah Amar Shmuel - seeing as, due to Kavod Melachim, they waived the Isur d'Oraysa of Tum'as Meis regarding Kohanim.
19)
(a)To answer the Kashya, we cite Rava. What distinction did Rava draw between an Ohel where there is a gap of a Tefach and one which there is not?
(b)On which principle is the latter ruling based?
(c)What did he say about the majority of coffins?
(d)What did the Rabbanan decree?
(e)ow does this answer the Kashya on Rav Yehudah Amar Shmuel?
19)
(a)To answer the Kashya, we cite Rava, who rules - that Tum'as Ohel does not apply where there is a gap of a Tefach (between the Tum'ah and the Ohel covering [See also Tosfos DH 'Medalgin']), but does where there is not ...
(b)... due to the principle 'Tum'ah Retzutzah (a squashed Tum'ah) Boka'as ve'Olah' (goes straight up).
(c)He said that the majority of coffins - do have a gap of a Tefach ...
(d)... and the Chachamim decreed Tum'as Ohel on them on account of the minority of graves that don't.
(e)This answers the Kashya on Rav Yehudah Amar Shmuel - inasmuch as it was only a matter of Tum'ah de'Rabbanan, which the Chachamim waived in fact of Kavod, as we already learned.
20)
(a)Once again, we query Rav Yehudah Amar Shmuel from a Beraisa. What does the Beraisa mean when it says 'Gadol Kavod ha'Beri'os'?
(b)Why did they laugh at Rav bar Sh'va when in front of Rav Kahana he established the Beraisa by the La'av of "Lo Sasur"?
(c)What did Rav Kahana comment about their reaction?
(d)What did Rav bar Sh'va really mean to say?
20)
(a)Once again, we query Rav Yehudah Amar Shmuel from a Beraisa, which says 'Gadol Kavod ha'Beri'os - which overrides a Lo Sa'aseh she'ba'Torah?
(b)They laughed at Rav bar Sh'va when in front of Rav Kahana he established the Beraisa by the La'av of "Lo Sasur" - because they thought that he was referring to anything that the Chachamim teach a person, even an Isur d'Oraysa, in which case what makes "Lo Sasur" any different Than other La'avin d'Oraysa?
(c)Rav Kahana commented about their reaction - that when a great man says something - one does not laugh (one thinks what he means).
(d)What Rav bar Sh'va really meant to say was - that Kavod ha'Beri'os overrides any Rabbinical teaching (all of which fall under the heading of "Lo Sasur").
21)
(a)We now query Rav Yehudah Amar Shmuel from a Beraisa in connection with the Mitzvah of Hashavas Aveidah. What does the Tana extrapolate from the words "Vehis'alamta Meihem" (in the Pasuk in Ki Seitzei Lo Sir'eh ... Vehis'alamta Meihem")?
(b)The Beraisa lists three examples: 1. If the finder is a Kohen and the article is lying in a Beis ha'Kevaros; 2. If he is a Zakein, and picking up the article and carrying it through the streets would be below his dignity. What is the third example?
(c)How do we initially answer the Kashya from there on Rav Yehudah Amar Shmuel?
(d)Why can we not then apply it to Sha'atnez and all other cases of Kavod?
21)
(a)We now query Rav Yehudah Amar Shmuel from a Beraisa in connection with the Mitzvah of Hashavas Aveidah, where the Tana extrapolates from the words "Vehis'alamta Meihem" (in the Pasuk in Ki Seitzei Lo Sir'eh ... Vehis'alamta Meihem") - that sometimes one is permitted to 'hide one's eye' from an object that one finds.
(b)The Beraisa lists three examples: 1. If the finder is a Kohen and the article is lying in a Beis ha'Kevaros; 2. If he is a Zakein, and picking up the article and carrying it through the streets would be below his dignity, and 3. - where his work-loss is greater than the value of the article.
(c)We initially answer the Kashya from there on Rav Yehudah Amar Shmuel - by ascribing that ruling to the specific Pasuk of "Vehis'alamta Meihem" ...
(d)... which we cannot apply to Sha'atnez and all other cases of Kavod - due to the principle 'Isura mi'Mamona Lo Yalfinan' (One cannot learn Isur from Mamon).
22)
(a)Finally, we query Rav Yehudah Amar Shmuel from a Beraisa in connection with the Pasuk in Naso "le'Aviv u'le'Imo, le'Achiv u'le'Achoso Lo Yitama". About whom is the Pasuk speaking?
(b)After Darshening "le'Aviv u'le'Imo", what does the Beraisa learn from "u'le'Achoso" (in connection with someone who is on his way to Shecht his Korban Pesach or to circumcise his son)?
(c)What is now the Kashya on Rav Yehudah Amar Shmuel from there?
(d)What do we answer?
22)
(a)Finally, we query Rav Yehudah Amar Shmuel from a Beraisa in connection with the Pasuk in Naso "le'Aviv u'le'Imo, le'Achiv u'le'Achoso Lo Yitama" - with reference to a Nazir.
(b)After Darshening "le'Aviv u'le'Imo", the Beraisa learns from "u'le'Achoso" (in connection with someone who is on his way to Shecht his Korban Pesach or to circumcise his son) - that although he is not Chayavto stop and render himself Tamei to bury his sister, he is Chayav to stop and bury a Meis Mitzvah.
(c)According to Rav Yehudah Amar Shmuel - why do we not apply there too the Pasuk "Ein Chochmah, ve'Ein Eitzah ve'Ein Tevunah Neged Hash-m"?
(d)We answer - that it is different there inasmuch as the transgression (of not performing the B'ris Milah or of not bringing the Korban Pesach) takes place 'be'Shev ve'Al Ta'aseh' (i.e. one transgresses in a negative way).
23)
(a)On what basis is Sha'atnez that one is wearing in the street considered a 'Kum va'Asei'?
(b)Why do we not learn from the fact that a Kohen and a Nazir render themselves Tamei for a Meis Mitzvah, that Kavod ha'Beri'os overrides even a La'av min ha'Torah, even be'Kum va'Asei?
23)
(a)Sha'atnez that one is wearing in the street is considered a 'Kum va'Asei - inasmuch as his current transgression is the result of his having put it on in the first place.
(b)We not learn from the fact that a Kohen and a Nazir render themselves Tamei for a Meis Mitzvah, that Kavod ha'Beri'os overrides even a La'av min ha'Torah, even be'Kum va'Asei - because Meis Mitzvah is different, inasmuch as the Torah precludes Meis Mitzvah from the La'av to begin with (See also Tosfos DH 'Shev ... ').
