האם תקנות שנתקנו בגלל הצדוקים יתבטלו כשיבוא המשיח?

00:00 Welcome to another shiur in Hilchos Hamashiach. This shiur will be discussing about the different takanos that we find that they made because of the Tzedukim or some takanos that were made for other reasons, uh, in the end of the Bayis Sheni or even after the Churban. Which ones will we still be doing when Mashiach comes, which maybe we won't be doing that when Mashiach comes, and so on. As always, you could find the Ma'amar Makaimos in the accompanying sheet if I don't mention the exact Ma'amar Makaim during the shiur. So we find in the Gemara, there's a Mishnah on Rosh Hashanah, chav beis, lamid beis. It says that in the beginning, they-- when it came to Kiddush HaChadesh, so they had to let everybody know that they were mekadesh the new month. So what did they do? They used to have, um, these big poles, and they used to put, uh, flax on top of the pole, and they used to light it on fire. With these two, two torches, they would be able to send a signal. They had them on different mountains. From one mountain to the next mountain, everyone would see the different torches, and that's how they would signal that they-- Beis Din was mekadesh the new month. And then it says, "Mi Shekilkelu ha-Kotim," um, the Kotim or the Tzedukim, when they started making problems because they had a whole issue of when Rosh Chodesh was, especially when it came, um, time for Rosh Chodesh Adar, uh, and Nisan, and

01:29 so on, because they wanted Shavuot, they want it to be mamacharot shabos. They wanted the count, it has to be, be, be start, start counting on Sunday, and so on. So they would always try to mess up when, when Rosh Chodesh was. So when they started messing-- making, causing problems, so it says they were mesaken that they should be-- they send out messengers. Now, we find the Rebbe in the, in the Kotzecher Chassidus, chelek lamid beis, uh, page three thirty-nine, it's in the Eis Safas, that he says, the, the, so there the Rebbe says in, in the Pnim, in the inside, the Rebbe says in the beginning, they used to use torches, torches, uh, to signal when the new month was. Um, and then the Rebbe ends off over there in Ula Yesh Leimar that that's how it's gonna be last lovely. We're gonna go back to using the torches because what? 'Cause then we won't have the chashash of the Kotim. And the Rebbe in the, in the Shuli Agilyon, in the bottom, the Rebbe says, um, brings from the Pri Meishe, which is a commentary on the Talmud Yerushalmi on Rosh Hashanah, perek beis, halacha beis. Um, he says that so the Pri Meishe asks, "Why does the Mishnah go and explain what they used to do and how, and how they're gonna do it now that they used to do it with torches, and now they're doing it with, with, with, with shluchim?" If it was Rebbe, Rebbe himself is the one

03:00 who was mevatel this concept of using the torches, that he was the one who was mesaken et shabim, shluchim. So the Pri Meishe says that, uh, we s-- the Rebbe still included how it used to be. Why? Because there's a nafka minah, it makes a difference. Because if we're not gonna have any more dominim, we're not gonna have any more these people who don't believe in the Toraishe Baal Peh, so dominim will go back to how it used to be, and that's why the Mishnah included it. And the Rebbe adds on that we actually see that there were certain areas, like, like the, the towns that were n- that were next to the Yam by Beit She'arim, they actually still use torches even, even after Rebbe because there weren't Kotim really in that area. So but what do we see from here? That the Rebbe's saying that if we don't have any more Kotim, we don't have any more the reason for the takanah, so the takanah will be nullified. It'll go away. We won't have this takanah anyway. Now, we find, before we get to our question, we find there's many different takanos that were, were established because of the Tzedukim and, and so on. The Tzedukim, Kotim, the different-- there were different groups, but we're gonna lump them all together for our purposes. So first of all, we find, just gonna give, just a, a list of some of them, and we're gonna see there's gonna be a nafka minas with between some

04:26 of the different, uh, takanos. But for now, we're just gonna give, give, give a list. Uh, um, you can find it in the, the list in the dis-- with the sources in the source sheet, and it also comes from in Rav Gerlitsky's sefer, Yamai Hamashiach VeHaHalacha, chelek beis, siman daled, which most of this shiur is based on. So first we find, um, the Gemara in, in Brachos says that in, in the Beis Hamikdash, when they used to finish off, in, in Brachos daled amud alef, it's when they used to finish off a bracha, so, uh, the, the person used to f-finish off the bracha. For example, he would say, "Baruch atah Hashem Elokeinu melech ha'olam," and "Baruch, baruch einu hadas." And, and, and everybody would answer, they wouldn't answer amen, you would answer, "Baruch shekveim achus l'olam va'ed." But in the beginning, they would answer, uh, they w- they would say m-- I- in, in the beginning, uh, they would say, "Ad ha'olam." They would just say, "Ad ha'olam." And then they added on to say, "Baruch atah Hashem Elokeinu melech ha'olam v'ad ha'olam," because the, 'cause the Tzedukim, they were saying there's only one world, ad ha'olam. And therefore, they said, "Melech ha'olam" from this world until, till the next world. There's two worlds, and that's why so they, they, they changed how they ans- said, uh, ended off the brachos in the Beis Hamikdash. Another thing we find, another example is in Kiddush HaChadesh. Um, um, in the beginning, they would, they would

06:00 be make-- kabbal the, the eidus from anyone, anyone who's kosher. Um- But then once, uh, once the Minim, as we said, we-- they, they caused a lot of problems with kiddush haChodesh was one of their big issues. Um, so they said that we're not-- we're-- we have to-- we're not-- we're only gonna accept edim, witnesses that we-- that they recognize. Then we find another thing in, in Hilchos Tamid U'Musafim. We find by when it came time to cut the eimer, so there would be a whole production, um, uh, at-- the Beis Din would say three times for each, for each stage of the bringing the eimer, of cutting the eimer, they would say, "The sun came, the sun came." Is it, um-- And, and, and for each thing, is, is, is, is it-- if-- and for Shabbos, they would say, "It's Shabbos today, is it Shabbos today? Is it Shabbos today?" And, and, and so on. It's, uh, "Should I cut? Should I cut? Should I cut?" And so on. For each part going through the whole thing, they would make a whole production. Why was that? Because, um, the-- again, the Minim didn't believe that it, that, that it, that it, that it's, that it's-- that it pushes off Shabbos, a-and so on. Same thing we find in, in-- about, about, about nisuch hamayim. Um, they would also make a whole, a whole, uh, uh, uh, uh, production in the Beis HaMikdash, again, because if it says the Tzadokim, they weren't moide nisuch hamayim,

07:23 which is taken from-- comes from Teir Shva Pe. Um, therefore, also when it would come time, as the Rambam says in, in Hilchos Tamid U'Musafim, perek yud, halacha ches, that they would tell him to pick up his hands, so they should see that he's actually pouring water. And we know the famous story brought in the Gemara. The Rambam brings that one time the guy didn't do that, and everybody pelted him with the, the-- they said that he's a Tzadoki, and everybody pelted him with, with their sregim. Another thing we find in, in, in, in, uh, by, uh, Hilchos, uh, Yom Kippurim, uh, avodas Yom Kippurim, perek alef, halacha zayin. Um, so, so they would-- the, the Tzadokim would say that you have to have the ketores. He would walk in with already the ketores, the fire and the smoke of the ketores. He would walk into the Kodesh HaKedashim together with the smoke already coming up. And, and the Chacham learned that, no, you-- he would bring-- he would put it, the ketores on the fire when he was already in the Kodesh HaKedashim. So, so the, the problem is, um, that you can't actually, um, know what's going on, what, what the, what the, what the Cohen Gadol is doing. So they would make the Cohen Gadol swear, uh, every Yom Kippur that he's gonna do... that we're the Mishlohim Beis Din, and you're the Shliach, and our Shliach, and, and Shliach Beis Din, and therefore, we're, we're making you take an oath, uh,

08:46 in the name of Hashem, that you're, that you're gonna do what-- whatever we tell you. Next thing is we come to Parah Adumah. We find that Parah Adumah, they would be metameh the person before, um, that he should be-- uh, he should have a tumah, that you have to wait until the night. In other words, tumas sheres. Uh, because the Cha- because the Tzadokim said that the person has to be completely tahor. And we hold that, no, he doesn't have to be completely tahor. He could be, he could, he, he, he could be a full yom. In other words, he's, he's, he's-- he went to the mikveh, but he did-- the night didn't, didn't become night yet, so he's not completely tahor yet. And therefore, the Chacham would purposely be metameh him before he did the Parah Adumah. So just, just as an example of many of the different things that we find, um, that the Chachamim made because of the Tzadokim. Now, we said earlier that seemingly we brought from the Rebbe that by example, by the torches, that if there's no more Tzadokim, so seemingly it would revert back to what it was, that, that, that they would use torches again to, to s- to signal to everybody that they were mekadesh haChodesh. So the question is, we find the, the Maaréh Panim. Maaréh Panim is a commentary on the Yerushalmi. The Maaréh Panim brings this, the Rebbe brings this as a, as a rule also, and it's brought in many other, and

10:10 the Minchas Chinuch also brings this as a rule about the Rambam, that the Rambam only brings in Mishneh Torah halachas that are either relevant bizman hazeh, or they will be relevant when Mashiach comes. But halachas that were only relevant in the past, even if it was in the time of the Beis HaMikdash, but if they're not gonna be relevant in the time now or when Mashiach comes, so then he doesn't bring it. So the question is, if that is true, and all these things that we just mentioned are gonna be nisbatel, they're not gonna exist when Mashiach comes, as seems to be the implication that we're saying, well, if there's no more problem with Tzadokim or Kotim, so they-- we won't be doing these things, so why does the Rambam bring them? All these things that I mentioned, the Rambam brings them. Why does he bring them? He shouldn't bring any of them because they're not gonna-- they're gonna be nisbatel when Mashiach comes. Now, it's true that perhaps the, the, the example of the kiddush haChodesh, those things, um, we could answer because the Rambam holds that in theory, bizman hazeh, we could reinstate a Sanhedrin if all the Chachamim of, of Eretz Yisrael agree, and this was a major controversy in the time of, of, of, of the Maharibei Rav, who was the teacher of the Beis Yosef and, and, and Rebbe Levi ibn Chaviv. There was a whole back and forth and a controversy which is not for now. So that in

11:35 theory, the Rambam holds that you could reinstate it. So perhaps for those things, for kiddush haChodesh, you could say that the Rambam brings it because it could be it is relevant for, for bizman hazeh. And the truth is, Rebbe was after-- was also-- well, they were still-- the Rebbe who we mentioned before, who's the one who said that they don't use torches, that shouldn't use torches anymore, that's also after the Churban. So they were mekadesh the Chodesh with witnesses for a while after the Churban also. So it's not just a big question about the ones, about, about the thing, the takkanas, about kiddush haChodesh, but all the other ones, it is a question. Why-- If we hold that they're going to be nisbatel, why does- The Rambam bring all these things. So we find, we find in the, in the Rambam, in Hilchot Mamrim, Perek Bet, Halakha Bet. So he says that if a bezdin made a takanah, uh, or a, or a minhag was dispatched at Klal Yisrael, and another bezdin comes after them, and they want to uproot this takanah, so they can't do it unless they're a, a greater bezdin in, in both in khokhma, in wisdom, and also in, in count, but in numbers. And if it was one and not the other, they can't, they can't be, they can't be in his battel. They can't nullify that decree. Even if the reason for the decree was in battel, they can't do it. So based on this, we could say that

13:10 it's true what-- it is true what, what, what the Rambam, what we said before, that these takanot will be in his battel, but they'll be in his battel when Mashiach comes through bezdin. In other words, there'll be a mechanism. It won't be automatically. There'll be, there'll be a bezdin that'll come, will be with a greater bezdin, and they'll be mevatel it. On the other hand, we find in, in, in, in, in, in elsewhere, the Rambam writes, uh, regarding other takanot, 'cause till now, we were talking about takanot that were made because of the tziddukim. But we find, for example, in, in, Hilchot, Hilchot Lulav, Perekh Zain, Halakha Tes Vav, that it says that when the Beis Hamikdash was destroyed, so Rabbi Yochanan ben Zakai was mesaken that the lulav should be taken every place, all seven days of sukkot, as zecher for the Mikdash. 'Cause in the time of the Beis Hamikdash, they didn't. It was only, only, only in the Beis Hamikdash. And, and we're-- he's mesaken that in every day, we, we make the berakhah, as we all do, as Shekelshemu says, "V'tzivanu lehis'alul," and who ha-- where was it? Tzivanu is talking about because we have a, a mitzvah to listen to the khakhamim. And the Rambam ends off over there, and this takanah that Rabbi Yochanan ben Zakai made together with all the other takanot that Rabbi Yochanan ben Zakai made after the Beis Hamikdash was destroyed, when the Beis Hamikdash will be built, they will return to how they were.

14:43 And based on this, we can say that there's, there's a difference. There's the takanot that we made because of the, uh, because of the tziddukim, that they will right away, uh, that they will be dependent upon, um, a bezdin being mevatel them, as opposed to the-- in other words, a greater bezdin have to uproot this takanah, as opposed to these that Rabbi Yochanan ben Zakai made. The Rambam says that those will be-- they'll go away on their own. This is a little similar. We find the, the Kever Shulchan Aruch, the Kever Shulchan Aruch on, on Beitzah, uh, uh, from Rabbi Chaim Waserman, um, Hayyad. Uh, so in Beitzah Ois-Yod Aleph. So he brings-- we find in the Rambam, that is the Gemara, but it's the Rambam also brings it, um, that there's halakha that the-- it says the khakhamim were mesaken that when it came to, to, um, to, to grapes. So grapes, uh, um, so, um, so, so when it's talking about ma-- it's talking about maaser, to being, being paid to the maaser when it was coming to, to, to Eretz Yisrael, or, or, or, or not to the, uh, uh, novim, or grapes of netere vaye, that's kerem vaye. So it says that the khakhamim were, were mesaken that you should bring, you should bring it-- it shouldn't be paid it outside of Yerushalayim. You should actually be bringing it into, into Yerushalayim, 'cause normally other things, it could be paid everywhere, but this they were mesaken, they should go, uh, in,

16:23 in, in, into, into, into Yerushalayim. Why? Because there was a shortage of grapes, 'cause everybody would want to make wine, batara. So you would crush your grapes wherever you were. So it ended up being that in Yerushalayim there weren't grapes. There was a shortage of grapes. So in order that in, in the marketplace of Yerushalayim there should be lots of grapes, "L'ater shuke Yerushalayim beperis," so they made that you should-- anyone that was within, uh, the, uh, a day's distance of Yerushalayim, they would actually bring it to Yerushalayim in, in-- to bring the grapes into Yerushalayim. Then it says when the, the, when the, when the Beis Hamikdash was destroyed, um, so this, this, this, um, reason doesn't apply anymore. So Rabbi Yochanan ben Zakai said that you could be paid it anywhere, meaning he, he took away this thing. So the Kever Shulchan Aruch asks about this, um, as well as we find another, another, another halakha that we say that there used to be mekabel aidim, witnesses for if they saw the new moon. So, so it says originally they were mekabel it the whole day, and then one time they came late after Mincha time, and the Leviim got messed up which Shira they're supposed to say. Is it Shakedesh? Is it not Shakedesh? Uh, because if they come in the end of the day, today all of a sudden became Shakedesh, and now they, they got messed up. They said the wrong Shira. So they were mesaken that you only say

17:49 it until Mincha time. And once, once Mincha come, comes, it's, it's too late, and therefore today won't be Kadesh. And it says Rabbi Yochanan ben Zakai, after the Khurban Beis Hamikdash, so we don't have that reason anymore that we're gonna mess up the Shira of the Leviim because there's no, there's no Beis Hamikdash. He said you could-- we were mekabel the new witnesses all day. So the Kever Shulchan Aruch asks, "One second. We just brought a rule before- That you could only be mevatel, uh, something, a takanah, even if the reason doesn't apply anymore if you're greater than them. Rabbi Yochanan ben Zakkai was not-- w-we're not gonna get into chachmah, but definitely a minyan. He wasn't, he wasn't greater. His beit din wasn't a greater minyan than, than, than, than the, than, than the, the Sanhedrin before. So how was he able to be mevatel it? And therefore, he says that, that these things that Rabbi Yochanan ben Zakkai, these takanot that we find that Rabbi Yochanan ben Zakkai made after the Beit HaMikdash, zecher lechurban or, or zecher lemikdash, and so on, those are-- were temporary. In other words, he's making this takanah for the time that we don't have, we don't have the Beit HaMikdash. Or, or-- And so either as a zecher lemikdash or as a zecher lechurban of the Beit HaMikdash, as we know, there's different, there's different takanot. Some things we say are, are a remembrance of the Beit HaMikdash, and some things are remembrance, like, like, like the

19:14 lulav, it's a zecher not-- or the churban. It's a zecher of what they did in the Beit HaMikdash as opposed to other things we do is a zecher lechurban. He said all these things were temporary. So things that were temporary, you don't need to be, uh-- He, he only, he only made it lechatichilah. It's, it's Rabbi Yochanan ben Zakkai is not being oker ta-the takanah. To, to be oker, to uproot the takanot, for example, all these takanot that we said before from the Tzedukim, so that you would need a beit din to be oker it. You can't, you can't uproot it unless you're a greater gadol be-chacham u'be-minyan. As-- But this that Rabbi Yochanan says, these things, the takanot that he made for the times of galut to remember the Beit HaMikdash, remember the Churban, so those things ca-- were only tempor-- so temporarily, uh, even a beit din that's smaller is not gadol be-chacham u'be-minyan, so they can, they can be, uh, they can be mevatel it. So that is one, one way that we can answer this question, and we could see which, which takanot are gonna be uprooted, but it's gonna have to be done through, through a beit din. Additionally, uh, we find, uh, alternatively, a different, a different way of looking at it, a different answer we find in the Teshuvas Teret Chessed. So Teret Chessed was from Rav Schneur Zalman of Radkin, who was a Chassid of the Tzemach Tzedek and the Ramah"sh. He actually gave semichah to Rav

20:42 Marash. The, the Rogatchover actually went to learn by him, who was considered a, a great gaon. Um, so he, in, in, in his Teshuvas Teret Chessed, siman yud zayin os heh. So he's, he's, uh-- he brings, uh, even though we said about gezeiot that wherever the ta'am, the reason for the gezeira was batel, we still, we still don't say that the gezeira is batel, even if the reason doesn't apply. But he says there's differences, that it really depends on which gezeira. And he brings, for example-- and this is only on, on, on various conditions do we, do we say that. Only-- He says, first of all, we only say this if in the beginning, this gezeira was, was for everywhere without making any differences. We didn't differentiate. When we made the gezeira, this, this-- with, with-- we made the gezeira for, for everybody without any differences regarding the reason for the gezeira. However, if in the beginning we see whenever they made the gezeira, they, uh, they, they made exceptions for certain people because the reason for the gezeira doesn't apply, so then this, once the, once the reason doesn't, doesn't apply anymore, so automatically the whole gezeira doesn't-- uh, is, is-- will, will fall off without any beit din. So based on this, we get what the Rebbe says about the, the t-torches. So that would be in a prime example of something that would fall off automatically because as the Rebbe points out from the, from the, from the, from the Yerushalmi, and

22:21 as the, the Karban Aida brings it, as, as, as we-- Rebbe points out in the Shulei Agulim over there, uh, mentioned earlier, that there was a certain area next to Tveria, they continued doing it with-- signaling with torches. Why? Because there weren't Kotim in that area. So you see that even when they made this gezeira, there was still a certain part where the-- a certain area where the reason for the gezeira didn't apply, they left it alone. So once-- If there's a certain area that they left it alone, so that means that the gezeira wasn't everywhere. And so that would mean based on this, that that would be a gezeira, an example of a gezeira that would automatically fall off, and you wouldn't need another beit din to come to uproot this gezeira. It just falls off automatically. Uh, an-another way of looking at it, another way to answer which gezeiras will, uh, will, will fall off automatically and what will, will need a beit din to uproot it. So as, uh, Rabbi Galitsky points out in his sefer, that we find in some places it says that the chachamim were misaken because of the Tzedukim. And some places just says, it-- for example, it says they were misaken that the shluchim should go out, um, or they were misaken to change the berakhah min ha'ailam v'ad a'ailam. But for example, by um,there's still-- he's-- the Rabbi over there is explaining why there'll still be a need for miracles and so on 'cause n-

25:21 he says not everybody-- even though we say when Mashiach comes, everybody's gonna have these biz-- we're gonna see, uh, we're gonna be able to understand, have a big understanding, but that's not all gonna happen right away, and it's not gonna happen for everybody. It's gonna, uh, there's gonna be different . We're gonna come there slowly and slowly, step by step, we're gonna get there. So it could be over here too that in the beginning, we might need some of these, uh, productions to, to instill in everybody to realize what the reason is, um, that, that, that holds, um, they could do it on Shabbos and, and so on. And therefore, perhaps that's one of the reasons why the Rambam brings it. That's, that's, uh, another answer how to explain it. And finally, we find another, uh, in, in, in the, in another way, we find in the again in, in same siman just, uh, not in the-- later on, is, is, is, wow, he brings another Tanna. He says that, that there's-- could be, uh, there could be depe-depend on the type of Takana. If it's something, uh, it's-- he explains it based on, on the, on, on the Rush, um, that if it's something that if it's a Takana that, that was made, uh, uh, w-with the, the... But, but the, the reason for the Isur and the reason for Ta-Ka-- uh, uh, the, the reason for the Isur and the reason for Takana is well known, and everybody knows why you made it.

26:50 So then that you don't need another Beis Din to come to-- a greater Beis Din to take it away 'cause everybody knows it was made for a specific reason. Once the reason d-doesn't exist, so automatically it will fall away. We don't need a greater Beis Din. You might need a Beis Din, but, uh, you don't need a greater Beis Din as opposed to, opposed to something that not everybody knows the reason why. It's not known why they made this Isur. So then you will need actually a, a proper Beis Din that's greater Godly dominion and Chochma in order to be Mevatel it. But again, as he, the, the himself f-ends off, uh, that even though we bring from the Rush that there's, there's things that are d-d known in, the town will be Batel and things that are not known the reason for them, so that you'll need a greater Bet-Beis Din, but we don't actually know. We're not actually qualified to say and to know which Takanas are in which category. And so for that, we will have to wait for Mashiach to know exactly which Takanas in the Sanhedrin to know which Takanas are in the category that will fall off on their own and which Takanas that they made, even though they're made because of the Kutim or, or, or whatever reason it is that they're made, which Takanas we will actually need Beis Din, a greater Beis Din to actually uproot the Takana. May we be speedily in our days.