Why can't we bring a proof that 'Zeh Neheneh Vzeh Lo Chosur is Chayev' from that fact the Ribono Shel Olam punishes us if we do not make a Brocha before we eat/drink something.
For example; taking a refreshing drink from a flowing river. Isn't this a case of Zeh Nehene Vzeh Lo Chosor?
Why is a Brocha necessary? Don't we then see from here that making use of property that belongs to another warrants compensation in the currency that's acceptable to the owner.
Thanks again for considering my questions.
alex lebovits, Toronto, canada
This is another fascinating question.
(1) We can begin to answer it if we look at the Sugya in Berachos 35a which states that a person is forbidden to derive benefit from this world without first of all saying a Berachah. Rashi DH Ela writes that it is logical that since one benefits from the world, one must thank He who created it all.
(2) We notice that Rashi did not say that one has to pay Hash-m because He created it, but rather that one has to thank him. It is obvious that in our Sugya in Bava Kama, even according to the opinion that Zeh Neheneh v'Zeh Lo Chaser is exempt from payment, nevertheless he must thank the owner of the house for his being able to live there for free. This is the concept of Hakaras ha'Tov which is so important in the Torah. Chazal say (The source is in the Midrash - I saw in the sefer Yalkut Lekach Tov on Parshas Shemos, p.5, that he cited this from Mishnas Rabbi Eliezer) that "anyone who denies the good bestowed to him by his fellow-man, will eventually deny the good bestowed upon him by Hash-m". We learn this from the behavior of Pharoh in the Parshios we are reading at the moment in the Torah. Shemos (1:8) tells us "A new king rose up over Egypt who did not know Yosef". He did not recognize the good that Yosef had done for Mitzrayim. In the end Pharoh said (Shemos 5:2) " I donot know Hash-m".
(3) So when we make a Berachah this is not similar to monetary payment, but rather is a recognition that everything we possess comes from Hash-m. In fact if we would not bless Hash-m this is in fact denying the very reason for our existence, as Yeshayahu 43:21 said "This People that I created for Myself; this is in order that they shall relate My praise". The entire purpose of the Jewish People in the world is to make a Kidush Hash-m, and to proclaim Hash-m's greatness to everyone.
(4) Obviously the whole concept of Hash-m being "Chaser" is one that we, as finite physical beings, cannot begin to understand. However we do find that Chazal say that the reason that the Avos were childless for many years after marrying, was because "Hakodosh Boruch desires the prayers of the Tzadikim". Hash-m wants to hear us davening. When the Bnei Yisrael fled from Mitzrayim, the Torah states (Shemos 14:10) "And Pharoh drew them near". The Midrash (Shemos Rabbah 21:5) points out that it does not say that Pharoh drew himself near but rather that he drew the Bnei Yisrael near to Hash-m, because Hash-m wanted to hear them praying to Him, which is exactly what they did when they cried out to Hash-m.
(5) And we can go a step further and say that if we do not make a beracha, even more than Hash-m being Keveyachol "Chaser", we ourselves are Chaser. I saw a beautiful insight from Rav Shlomo Zalman Auerbach, zatsal, (cited in Halichos Shlomo Tefilah p.271, note 92) on the Gemara Berachos 35b which states that someone who does not make a beracha is a colleague of Yerovom ben Nevat who destroyed Yisrael to their Father in Heaven. Rav Shlomo Zalman explained the connection to Yerovom. The latter king placed guards on the highways in order to prevent the People going up to the Beis Hamikdash in Yerushalayim. In other words Yerovom prevented the Jews from becoming close to Hash-m by praying to Him and offering up sacrifices. Similarly someone who does not make a beracha is missing the opportunity to become close to Hash-m, so the person himself is chaser.
(6) Finally I will include with a temporary insight from my Rosh Yeshiva, Rav Tzvi Kushalevski, shlita, about the global economic crisis. Why did Hash-m do it? One way of looking at it is to say that Hash-m wants us to daven to Him. The whole purpose of davening is to feel close to Hash-m. This is what Hash-m wants from us - that we should feel close to Him, and realize that everything we have comes from Him. This is a constructive attitude to the recession - and this way Hash-m will hear our voices that he so much wants to, and even more so - we will no longer be "Chaser".
Good Shabbos and a Good Chodesh
Dovid Bloom
Why can't we bring a proof that 'Zeh Neheneh Vzeh Lo Chosur is Chayev' from that fact the Ribono Shel Olam punishes us if we do not make a Brocha before we eat/drink something.
For example; taking a refreshing drink from a flowing river. Isn't this a case of Zeh Nehene Vzeh Lo Chosor?
Why is a Brocha necessary? Don't we then see from here that making use of property that belongs to another warrants compensation in the currency that's acceptable to the owner.
Thanks again for considering my questions.
alex lebovits, Toronto, canada
Follow-up reply:
Here, very briefly, is another and in fact a more precise way of answering your question. It is based on the fact that the Gemara Berachos 35a states that it is forbidden to derive benefit from this world without a Berachah, while in contrast our Gemara in Bava Kama does not actually discuss explicitly whether it is permitted or forbidden to live in the courtyard without the knowledge of the owners, but rather the discussion here is whether he must pay if b'Di'eved he does live there. In fact it is very probable that even according to the opinion that Zeh Neheneh v'Zeh Lo Chaser is exempt nevertheless it is forbidden to live
there l'Chatchilah, but the Gemara does not relate to that question here.
In short, it is clear that it is forbidden to benefit from the world without a Berachah but that is not the subject of our Gemara but rather the subject is whether one must pay financially for the benefit received, whilst saying a Berachah is clearly not financial payment, so it is not appropriate to mention it here.
Kol Tuv
Dovid Bloom