בהעלותך תשפ״ה

00:20 Speaker 1 Good evening, and welcome to tonight's shiur. Parshas-- Thursday evening of Parshas Behaalotecha. Today's shiur is dedicated to the yahrtzeit of Rav Nachman Sudak, alav hashalom, whose yahrtzeit is tonight and tomorrow, and his mechuten, Rabbi Benjamin Klein, who is the Rebbe's gabbe, uh, whose yahrtzeit is the following day on Shabbos in, in, in Ches Chevan. Then Shlomo ben Aliyah and be a mitzah yosher for their families and all of us. So first, a simple question, and that is when it comes to... Uh, um, in the morning, sometimes you don't have ten people at the time for Shacharis. So for Hoda. So Hoda starts, how you want to ca-- have your minyan consistent, but you don't have ten people. And then the tenth man arrives a little bit later. That can be on Shabbos also. It's funny, I was, uh... A couple of years ago, I was in a shul at Caron Heights and a, uh, Kaddish chiyuv came in late. He came in, um, just about by Hoda'es Reemuna, and he wanted to say Kaddish. Okay. So he said Kaddish, and then someone was very upset. What's this? You, you come late and you want to say Kaddish. A couple of days later, I was in the Beis Chabad for, uh, the last day of Yom Tov, and they didn't get a minyan for the beginning of davening. And they... Each day it was the tenth man arrived the-- in just in time before Borich Shomea, so they had Kaddish then. So it depends, uh, who's

02:14 Speaker 1 doing whom a favor. At any rate, so someone comes late, and now we have a minyan. Do we have to say, do we have to say, uh, Rabbi Yisharol again? So to-- before going into the, uh, detail, a very simple point is that Kaddish is-- doesn't come in isolation. Kaddish is a follow on always from something else, either from a learning or from davening. Kaddish is always a follow on. So we have here a case of Ashrei. This is in-- There's a machlokes now in a bit more, in bit more detail. Do-- If you had nine people or less even, and you said Ashrei, then the tenth person arrives. Do you have to do Ashrei again? So the Taz in Siman heh says you do not need to, whereas the Magen Avrohom in two places, in Siman resh lamed daled and samech tes, he says you, you, you have to. You can't-- You didn't have a minyan for, for your pre-Kaddish session, therefore you have to do that, uh, again. So let's take a look here. This is in Kitzur Shulchan in two places. One is in Siman in, in bet Ashrei by Mincha. Im omru Ashrei, if you said the tzipora said Ashrei and they didn't have ten people. V'chacham bo ha minyan, and then the tenth person arrives. Ya'aze ha'shat eize pesukim b'kol rom kodem shemo Kaddish. At least the cha-chazan has to say a couple of pesukim be-before saying Kaddish. In other words, you don't have a Kaddish, um, totally, uh, start

04:00 Speaker 1 with... Totally dry without anything before it. In the footnotes, he refers us to where he discusses it more, uh, more in detail in Siman tes zayin, where he says, "B'chol limud sheh ba achriv Kaddish," where there's a learning followed by a Kaddish, there needs to be ten people v'shaas halimud when the learning is done. And if there weren't ten at, at, at the limud, then one would have to repeat a-- either a chapter of Tehillim or at least three pesukim once there's a minyan there. Or a, a Haggadah like Rabbi Chanina ben Dosa, et cetera, and that should be said in the presence of ten. So it's the same thing. Uh, and in the notes, what he calls his notes, Badei HaShulchan, so he refers to the Magen Avrohom, and he says, "Although the Taz disagrees and the Ateres Yehuda Shulchan Aruch, this question is not addressed," but he remains that that should be the psak. So if there's... So just to summarize that. If there's, uh... He started Hoda without Kaddish because there was no tenth person, and the tenth person arrives some middle of Hoda before Borich Shomea. Now, someone wants to say Kaddish. That's okay, but someone has to say, uh, I guess the end-- at least the end of Rabbi Yishmael at Braysas, and there should be a limud. And then one could, uh, then he-- the Kaddish can be said. We're going to the next point. So one of our, uh, regulars asked me. It comes to Tikkun Leil Shavuot.

05:41 Speaker 1 He's actually lives in Eretz Israel. He has more time to do Tikkun than we have over here. Here, by the time you finish the Sudar, you've-- it's almost, it's almost Salas Shachar, but fine. In, uh, Tikkun Leil Shavuot, there are, towards the end, there's a, a, a page or two from the Sefer Yetzirah. There's a couple of pages, pa-pages from the Zohar. And Hashem's name comes up there within quotes of Sukhim, et cetera. And so when-- generally, when we learn and there's a Pasuk comes up with Hashem's name, we would not utter Hashem's name in the process of learning. Here, it's So now on the screen, you have a quote from Sefer Haminhagim, which says that we... at Kadvano. Everyone knows Kadvano, we say Friday night. Kadvano is said before Borchu. It is, uh, a piece... It's a quote from the Zohar. The two paragraphs, it's a bit condensed, but it's, it's a quote from the Zohar. There is, uh, a, a rumor that, that some of the... Baal Shem Tov was once traveling, and he was in a place, and there was no Minyan. And so he quoted this piece of Zohar, which explains the Borchu, and that was how it became the Minich to say Kadvano before Borchu. Be that as it may, in Kadvano, there is Hashem's name. This is the secret of Hashem Echod Hashmo Echod, which I think is a Pasuk in Zechariah. And this is the secret of tha-those words, Hashem Echod Hashmo Echod. So do you pronounce Hashem's

07:33 Speaker 1 name as we would in davening, or is it Hashem? So the... here's a note of the Rebbe in hi- in the Sefer Haminhagim. In Kadvano, we'll say Hashem's name as we would in davening. And so Rabbi Groen or Rabbi Greenglass, in their footnotes, they write that this, this comment about Kadvano is from a note of our Rebbe. And he writes further, omoven, this is-- looks like it's the Rebbe's language. That when you have Hashem's name in a topic which you're learning, that's different. To when one is learning how to say Brochas, where the Alter Rebbe in Siman Reish Tes Vav says you're not allowed to pronounce Hashem's name. So in Reish Tes Vav, it talks about when you're teaching someone to say a Bracha, how to say a Bracha. So when it comes to children, the Melamed and the children can say the Brochas with Hashem's name, and that's part of their Chinuch, and they have... You can say Hashem-- It's not considered Hashem's name in vain. When you're teaching an adult to say a Bracha, so you shouldn't say Hashem's name unless there's an exception, whilst he's actually doing the Bracha. This is written in, in, uh, Hilchot Pesach. If you're coming to a house, there's a whole Siman, I think, Taf Pei Dalet. You're coming to a house and helping them to do the Seder, so you can say the Brochas with them, with Hashem's name. So if you're helping a person put on Tefillin, you can say Hashem's name whilst you s-

09:17 Speaker 1 whilst y-you're putting on the b- uh, the Tefillin with him. That's basically in Taf-Taf Pei Dalet. But if you're just learning, teaching a person the Bracha on Tefillin, so you can't say Hashem's name. So the Rebbe is saying that there's a difference between Hash- saying a Bracha in a full, um, uh, in full whilst you're teaching someone, or Hashem's name which comes up in learning. And when Hashem's... Obviously, the Rebbe is saying that when Hashem's name comes up in learning, it's more lenient. In other words, that you can pronounce Hashem's name. Now, to contrast this, there is a, um, a Shemuah, Shem Rabbi Leibel Groen. Rabbi Groen, Groen would say that the Rebbe told him that in Pirkei Avot, there's several times Psukim which Hashem- with Hashem's name, and that you should, if it's not a full Pasuk, only half Pasuk, not to, not to utter Hashem's name. This is Torah Shebeal Peh. But meanwhile, let's come back and see what we have over here. At the end of this note of the Rebbe, he says, "Re, Ei Birkei Yosef Sham." Check out the Birkei Yosef from the Chiddush in Siman Reish Tes Vav. And the Chida says not... His argument, his words are not very convincing. In Eretz Yisrael, their custom was shelo lehascha Hashem bikriyase, uh, kikriyase. They wouldn't... When they were coming along in a, a berakhah in the Gemara, et cetera, they would not utter Hashem's name in the normal way. We follow on in the Birkei Yosef, and he says

12:31 Speaker 1 that when you're learning Gemara, Shas, Sha'ar Diri Razal, and there's pesukim, koire kedarko ho'azkorois kikri yason. So when you're learning a, a Gemara, and there's a pasuk, and the pasuk has got Hashem's name, so you are allowed to pronounce the Hashem's name in the pasuk. This time, it's also from Rab- Rab Yakov Emden, but this is in name of his father, and here the Birkei Yosef accepts this. So this is what the Rebbe is distinguishing in this note over here, that there's a berakhah in middle of learning that you don't say Hashem's name. But if a pasuk which Hashem's name in middle of learning, then you can say Hashem's name. And therefore, to say Hashem's name in kagavna, that's the Rebbe's kind of supporting his, his position. You're saying kagavna, it's takkah limud, but you can say Hashem's name. But then I'm left with a contradiction. If so, why did-- why by Pirkei Avos do we have this, uh, information from Rabbi Groner, from the Rebbe, not to say Hashem's name when you have a half pasuk in Pirkei Avos? So I'm just going to suggest my Svara, and, uh, you can take it or leave it. And the ph- is the following. That when you say Pirkei Avos, it's, i-it's a little bit more relaxed. And it's probably conceivable that if someone would ask you something, uh, mundane, you'd, you'd interrupt the middle of your Mishnah and you'd answer them. Could be, it might be in middle of that pasuk. It's, it's, you know,

14:06 Speaker 1 people are not so careful, not so focused. Therefore, it's a meaning of... The advice is not to say Hashem's name when you're saying Pirkei Avos. I think the learning of kagavna, it's learning, but it's much more focused, and it's, uh, it's unlikely that someone will s- interrupt you and you will interrupt the middle of kagavna. And therefore, because it's more focused, you'll say... You do say Hashem's name whilst you're saying it. And therefore, to come back to the question, person has stayed up a whole night, as he said, the whole of, um, Tikkun Leil Shavuot is now up for the Zohar, the Sefer Yetzirah. I think it's, it's, it's pretty focused. And his... And he's almost wants... He wants to finish. He doesn't have time for Devorim Tehillah now. He wants to finish and go to mikveh, et cetera. So I think it's okay to say Hashem's name. As you see, in principle, the... What's written here is be-shas ha-limud, you can say Hashem's name. I just want to add also, even in Pirkei Avos, despite the Shemuel Rabbi Groner. But you have also in, in, in Pirkei Avos, "Yirotsim mifnecha Hashem elekenu ve'elekenu sheyivanehu be-semechot uvekiddushim uveyom eynu." I feel that's a tefillah. Even though it's within Pirkei Avos, it's a tefillah, and I don't see, see the need to hesitate about saying Hashem's name in the context of tefillah. Let's go on to the next point here. So here is a question. Um, I see there's a chat. I'm gonna go to that

15:33 Speaker 1 in a second. No. There. Someone put something on the chat. The question I was put was someone, someone in Europe, he, wherever he parks his car, has to pay a, a, a fee daily. And it looks like you can't pay in advance. You have to pay vebeyad. And it was actually before Shavuot. So after Shavuot, he was asking, can he ask a goy to, to his parking payment, and he'll pay him before or pay him after. Is he allowed to ask a goy to do this for him, to pay his parking fee? So at first, I didn't know how to deal with it. And then I thought about it further, and I s- realized that if you don't pay your parking fee, so then you're gonna get a penalty. And it's a substantial amount. Even if it wasn't, it would also... Who wants to, uh, give extra money for, uh, the parking authorities? But, um, so it's a significant amount of money. And so now we have a rule of Shavuot deShavuot asking a goy to do this is a rabona. So more common, we say Shavuot deShavuot is a zeh mitzvah. But you also see here in siman shin zayin, "Hu haddin bemokim hefsed," where there's a loss involved, it doesn't say hefsed meruba, hefsed. So legozru al shavuot, then they to ask a goy to do this is a rabona is permitted. A goy, let's help that you ask a goy to move muktze stuff, which is otherwise in the rain, it'll get

17:17 Speaker 1 ruined. So you ask the goy to move the muktze. So moving muktze is a rabona, and asking a goy is a rabona. Shavuot deShavuot is permitted according to this opinion. Let's say the, let's say the hefsed to avoid a loss. Yes, shelo nismech al divreim bemokim hefsed gadol. Hu haddin letzeidech gadol af al pi she'ein lecha shaya shacham hefsed. Whether it's a, a significant loss or a significant need, so then there's room to be mekil. So therefore, I told him on that basis, he could ask a goy, um, to do the parking payments for him. I didn't see any difference whether he pa- uh, pays the goy before Shabbos or after Shabbos. I didn't see any difference. The goy is doing an act for him. It's a rabona, and okay. Let's move on to the next question. That was question number th- three. We're going to question number four. So here, a shliach in a, on-- serves a campus somewhere in Europe. And, um, so it looks like sometimes these students do enjoy a cup mashke at the, uh, Chabad House. And okay, Baruch Hashem. So then, the stu-- one student said before Pesach, "You know, Rabbi, before I go home, I'm gonna bring you a bottle of, of, of, of, of, uh, of whiskey or vodka." So the rabbi says, "Don't forget to sell your chametz." But he didn't show up to sell his chametz. And now, just around Shavuot time, he finished his semester, he's going back home, and he kept his word,

18:51 Speaker 1 and he comes with a bottle of mashke. And the rabbi on the, the shliach on campus is worried perhaps this is the same mashke which he was speaking about before Yom Tov. I don't know why he was being so anxious. Why shouldn't there be another bottle? But, um, but, uh, he's asking. And if it's from before Pesach, then he has to, uh, throw it down the drain. All right, so this we have here in Shulchan Aruch. Um, סופק חמץ שעבר עליו הפסח. So chametz during Pesach is איסור דרבנן to have it, בעלי רבא בעלי מוצא. The chametz which was in your possession over Pesach was a violation, but the consequence that it's forbidden to benefit from af-- even after Pesach, חמץ שעבר עליו הפסח, that is a קנס דרבנן. It's איסור דרבנן. So therefore, it would have be- made sense to use the principle of, um, סופק דרבנן לחוקה. We don't know whether this bottle was from over Pesach or not, and therefore, סופק דרבנן לחוקה. But יש מחמירים, this is what it says over here. Therefore, it's סופק דבר סף לחוקה. But יש מחמירים, the others who are stricter, by ס-סופק חמץ שעבר עליו הפסח, לאסרי באכילה, not to eat it. But יש לחוש לדבריהם, if there's no הפסד מרובה, don't, don't eat it yourself. אבל בהנאה מותר להתוועך. This is your... Everyone would agree that you're allowed to have הנאה. So I said, "Don't throw it down the drain. It would be בעל תושבת." Um, if you wanted to enjoy it yourself, um,

20:35 Speaker 1 you know, didn't be allowed to, you're מכור not to, but you can certainly give it away as a gift to someone to, as they say, or to sell it if you wanted to. That would be okay. So that's the, um... I think I've told this story before. My father, Oliver Shaw, was a mohel, and he once went to an army base, American army base. He did a bris there. It was two days after Pesach, and the father of the baby gave my father a, a liter bottle of Smirnoff. And my father was concerned that it was owned by the Yid, but, um, during over Pesach. That bottle stayed in storage in the, uh, in our cellar for about six years or something. But one day, um, I didn't ask anyone. I just poured it down the drain. But now I know that I shouldn't have done that. Okay. Because סופק שעבר עליו הפסח was מותר בהנאה. Okay. So I hope my father is mohel me for having done that, um, you know, הנאה sticker behavior. Okay, um, let's move on. Um, part, um, question number five. So this is interesting. I was... I, I got a telephone call from someone in, uh, in Monsey, and they hear the shiurim regularly, the recording. And he's asking that they had last Motzei Shabbos, the chazan, um, forgot that he has to just say half Kaddish. He said the full Kaddish with Kaddish Tiskabel. And then, oh, RiHino Yam. So no one, no one reminded him until afterwards.

22:15 Speaker 1 And now he's saying, RiHino Yam, we're not a Kaddish. And then the question is, what do you do now? Do you say a Kaddish, half a Kaddish, uh, a Kaddish Tiskabel? So I told him that, uh, like we do on the night of Tisha B'Av, on the night of, of Purim, do we say Kaddish Tiskabel after davening? Um, I might be mixing up something here. Um, and then... Well, let's say Purim night is Kaddish Tiskabel, and then we read the Megillah, and then there's a Kaddish Yehai Shlomo. So it's, it's Kaddish without Tiskabel. So the same thing here. You'll say RiHino Yam and, uh, we're out of Kaddish. And after that, you say a Kaddish, Yehai Shlomo Rabo and Oseh Shalom Bimromav, et cetera. Uh, in the Sefer Shkiyis Liyov, and I lo- looked after it later, and he says the same thing. He says, according to Misnah Bura, according to the Eliyahu Rabba, maybe you could say Kaddish Tiskabel again. But, uh, most others write s- just say Kaddish Shlomo without Tiskabel. We're going on to the next point, and that is, I was, um, I was... During this past week, I was in Sweden, and I met the shliach in Iceland, Rav Remov Feldman, and we were chatting about the challenges of the times being now. It doesn't get, uh... There's no Tzesach Echovim at this time of the year. Um, and so he asked me the following. They, they, uh, for, um, um, e- every night, the earliest you can daven Maariv

23:51 Speaker 1 is from Plag Hamincha. Plag Hamincha is an hour and a quarter before sunset. So they do have a sunset, but they don't have a, uh, Tzesach Echovim. So if the, the day is, let's say, a twenty, twenty-two hour day, so then Plag Hamincha is going to be about a bit more than two hours. It works out they daven M- um, um, Maariv. The earliest they can daven Maariv for Pla- Plag Hamincha is about eleven o'clock. So on Shabbos afternoon also, Shabbos evening also, they daven Maariv at eleven o'clock, but they don't make Havdalah till Sunday morning. So now he's asking, "I've already davened Maariv at eleven o'clock. It's now twelve o'clock. I'm challenging for a cup of coffee. I haven't made Havdalah yet. Am I allowed to make a c-- have a, have a drink, uh, before Havdalah? It's not time for Havdalah." So this was his question. So truthfully, though, it's, it's not, it's not such a problem. Let's take a look here what we have in Siman Reish Talai Gimel. Says the following, "A person who's on us, if you are in a predicament that you would not be able to do Havdalah at night because you're gonna be traveling or something like that, and on Shabbos, you're going till the end of the Chum, and then you're going to p- push on, uh, right after nightfall, and so you've got... You won't have a chance to, to daven Ma'ariv and have Havdalah later. You can daven Ma'ariv and to do Havdalah with

25:24 Speaker 1 a cup of wine from Palga Mincha onwards. So really, just like he's davening Ma'ariv at eleven o'clock, you could also do Havdalah al hakodesh at eleven o'clock. But no brocha on the flame. It doesn't address about So here, a young man approached me, and he says he's currently between jobs, as they say, and he's looking into a job as a salesman. To be as a salesman, it would mean he's... That's whenever he's selling products, he'll go to various institutions. Let's say a salesman of paper goods. So he'll go to various yeshivas or schools and et cetera. This is in America. And he'll offer them, you know, typically he'll offer them a better deal than what they're getting from the current supplier. So he asked me whe-whether he's allow- whether that is a permitted, a permitted, uh, activity, because typically he'll be, uh, undercutting their current suppliers. So here we have in the Alter Rebe's Shulchan Aruch, the dine, um, omens, whatever he calls it, beksara. So in the section of dine hefke vehasogas geful. I'm not sure why he put hefke vehasogas geful into the same, um, section. I can ask him various, you know, why those chapters were two topics into one chapter, three topics into one chapter. What's the affinity? All right. Meanwhile, he writes here, if a Jew has got a goyishe contact and he trades with him, whether he trades with him or he lends him money at, at interest. There is another Jew is allowed to engage with that goy

29:15 Speaker 1 and to, um, offer them a better deal. Whereas others say, no, that's not allowed because it's the, the, the other, this other Yid has got a, an ongoing contact with this goy, and therefore it's as if it's, it's already his, his... The business is in, is in the other Jew's hands. And so you're cutting off the lifeline, the parnassa of the other Yid by, by poaching his clients. So there's only... The dilemma is only with a goyishe contact. If there's a Jewish contact, seems to be clear that you wouldn't be allowed to, uh, uh, lure clients away. There's a term used in, in, uh, in Heshin Mishpat. They use the word ma'arufio, which is, I think it's an Arab word, an Arabic word, which means knowledge or, um, it means... In this context, it means a contact. So to lure someone else's contact away from them and to you or to yourself is definitely not okay. Then we have, what about offering incentives? So here we have later it says that it's muta for a shopkeeper to offer freebies. He's gonna give out popcorn, he's gonna give out nuts to kids and, uh, the k- who, kids or the ma- the maids who come do- doing the shopping. And it's because they're gonna get freebies over here, they're gonna be coming to, to your shop rather than go to the other shops. Ah, you're luring clients away from others. So the answer is, I'm giving out egoism. You can give out... I'm giving out walnuts.

30:57 Speaker 1 You can give out, um, uh, almonds I'm offering incentives. You can also offer incentives. You can, you can do the same game. You're also allowed to lower the price or to give a larger amount. You get a, you get a twenty percent extra because you know what? You can also... I'm not taking away your Parnassa. Uh, you can also... Well, it's interesting because of course this, you, you are, uh, affecting their Parnassa. But you can also... I'm not, I'm not, um, totally cutting off your clients. You can, uh, keep your client by offering them the same thing. So there's a difference between directly luring a-- poaching a client, it seems to be Asher. Whereas, uh, offering incentives to, uh, to, uh, to lure clients away from your competition, offering incentives seems to be okay. And then we finish off. is that you should not be in any way intruding on someone else's, um, business and someone else's Parnassa. And it says, He did not defile the wife of his, um, his c- his fellow. What's it re-- This is alluding to . Someone who did not... This is a, a blessing for one who did not, uh, en-encroach upon someone else's, uh, craft, someone else's Pa-Parnassa. So that's why I told this Yeman that, uh, he asking me, "So, uh, look for something which is not encroaching on someone else's Parnassa. That's more glad than . Of course, it's difficult a person's, uh, between jobs, but he's asking me the question. I have to tell

32:48 Speaker 1 him what, what's written in . Let's move on. And here is a-- I got a question about a parent who made a commitment to pay X amount of money at school, and then he's not paying. So they... Now, usually I, I like to answer people's questions for themselves. Here, he's asking... Here, it was one of the trustees asking about the people who default on their agreements. Are they defined as Ganavim? Uh, the child continues using the services of the school, and then the school has a duty to pay, uh, salaries, et cetera. So here's, here's the question. If a person doesn't, uh, doesn't honor his commitment, is he considered a Ganav? It's not I... I looked around to see. A question would really be, uh, when it comes to crunch, would be, is he Kosher Le'Edus? How's the Hasana? You're looking around, and you're looking at who's gonna be able to sign a Kasuba, Edik Kedushin. There's someone you know. Otherwise, he's davening three times a day and, uh, Rambam, but you know that he is defaulting on, on, on, uh, his agreed payments to, for tuition. Is he a Kosher Le'Edus? That, that I think that would be, uh, a crunch. You know, when the person would be bothered by that. That's, that's where it would be enough Kamina. So even that I didn't find clearly. But look at what you have on the screen. You have... There's a din of paying a worker on time. that a person who violates this and doesn't

34:43 Speaker 1 pay his worker on time, he doesn't get Malchus. Because it's, there's a a, a violation which is, can be repaid by paying up. So then that is, is, is not, um, punishable with Malchus. The Minchas Chinuch questions this. He says he can, he can pay tomorrow. He can pay the, the, the, uh, missed salary, but he won't be able to fulfill... He won't be able to repair the inyun of paying on time. The, the violation is the delay. And so if he pays tomorrow, he's not-- he hasn't repaired the, the delay factor. And so the Minchas Chinuch gives a different reason to the Rambam, and he says it's a . It's the, the, uh, non-payment was a violation through, in a passive way. You don't get Malchus for a passive violation. Um, so then he just gives a tziur how it could be if you, if you took it away from the... You had designated an article for payment, and you took it away, then that would be pa- active, actively depriving the worker of being paid on time, and it would be possibly subject to Malchus. Meanwhile, what we're seeing here is that by, by not paying a worker, you're required to pay, and you don't pay. So then it's... There is a question of Malchus. There's no Malchus. But, uh, generally, if there's something which is a so a person who is in violation of a would be, uh, con- defined as a Rosher and would not be Kosher Le'Edus. So, and so

36:25 Speaker 1 the parent made a commitment so that this to, to, uh, to pay for the provision of workers, namely teachers, et cetera. Uh, and by not paying on time, I think there would be a, a serious concern of, um, of their Kosher Le'Edus. You can't... Certainly, if you come back, you can make and negotiate another agreement, but let's move on. Last week... Uh, was it two weeks ago, actually. Two weeks ago, we had the discussion about m- about, about Vesamim, and it came up about adding- The Alter Rebbe brings adding myrrh into the besamim because Ashkenazim will always say boreh minei besamim for havdalah, even if they're using a herb or if they're using a fruit, whatever it may be, we always say boreh minei besamim to avoid the discomfort with this. So the recommendation is to put myrrh either, uh, with the other types. And myrrh is from an animal, um, and therefore the berachah would be, it's, it's not a wood, it's not a fruit, it's boreh minei besamim. Like meat is ve'sh'hakol nihiyya b'davaro, so myrrh from the da-blood of an animal would be, um, boreh minei besamim. It's slightly... I'm going to discuss the difference between the Alter Rebbe and the Mishneh Berurah. But meanwhile, in passing, I mentioned that myrrh, I mentioned the English word myrrh, M-Y-R-R-H. So someone, uh, one of our listeners, uh, corrected me and that, that m- that the word myrrh is actually a vegetable origin, and it's not the... It's, it's... So the... When we say

38:19 Speaker 1 myrrh is the blood of a chayyah, um, the musk, that is indeed from an animal, but the myrrh is a, a fragrance from a vegetable origin. All right, so let's clarify that. So here we have in Rambam. This is the beginning of Hilchot Klei Hamikdash. And the Rambam says, "Ha'moir hu ha'dam ha'tsorur b'chayah sh'bacho'du." It's the blood of an animal in, in, in, in, uh, India, and it's used for perfume. He's talking about the ingredients of the K- of the Shem Hamishchah or whatever it may be. On this, the Raavad comments, "Ei amar Avraham. Ein da'ati mekabeles." I cannot accept this. "She yikon zeh b'ma'asei hamikdash hakodesh dam shom chayyah ba'olam." To bring blood as part of the avodah, certainly as a blood of a chayyah tameh. I find it, uh, unacceptable that that should be part and be an ingredient of the avodah. But the myrrh is as it says in Shir Hashirim. "Bosri legani achosi kalo, orisi mo'iri im besamim." It means I've gathered m- the myrrh with the besamim. "Ohum yemin eseph agumin ilon." It's actually from vegetable or from a tree. A rech hainaydo has a fragrance. So the... We have a machloket, the Rambam and the Raavad, where the myrrh is the musk or myrrh is this myrrh. Uh, in other words, a ve- a fragrant vegetable. The, the Raavad disagrees with the Rambam and also the Ramban al haTorah. So here we have in the bottom of the screen from the Ramban in Parashat Ki Tisa, and he brings

40:03 Speaker 1 the Mordechai HaMeshame'is. The myrrh, it's myrrh, more, same thing. So Rabbi Moshe, as referring to the Rambam, says that it refers to the musk. And the... Rebbe Avraham, the Raavad, objects to this, and he says, "No." And that... And then he says... The Raavad asks the question from the posuk in Shir Hashirim, "Orisi mo'iri," which means it's something which is gathered in, which implies it's grows in the fields. Those who say, uh, well, oymer ravim oysoy kihud... And here you're saying it's from a, from a, from a kind of, uh, deer, et cetera. Well, ulay kein hu ve'yeseh ve'yitochin. He says it's possible that this is a blood which is accumulated in this animal, which is a kind of deer in, in India. When it goes amongst the brambles in the hot day, during the hot weather, it, uh, it has, uh, sc-scrapes. Its feet are scraped, and it bleeds a bit. And that bleed, that blood gets stuck to the, to the, uh, brambles, and then people go and gather it. Therefore, orisi mo'iri, they went around gathering the musk from the, from the brambles. That's how the Ramban, uh, suggests a way to explain orisi mo'iri. Uh, but then he disagrees, and he says that myrrh, as the Raavad says, it's of a vegetable origin. So we have here two opinions what the myrrh is. And then we have here also from... It, it's brought in the Alter Rebbe. He brings the Ketav Ya'ir in Ketav Ya'ir a couple of times. Uh, this

41:37 Speaker 1 is from a maimer. Purim dekah maimer ba'Mordechai ve'Mordechai. Um, mor zeh le'da'as haRambam sh'am ef'al Hashem. Besides the Ram- Raavad and the Ramban is the musk, which is mentioned in the Gemara in Pesachim Mevarchim. That's a blood of a chayyah yedua, which is in its, uh, hump. It's a hump on its, on its neck, and that is the myrrh. So we have here... All right. So it looks like the Tillos Hashenem sidur, that's where I got the myrrh from. So that's following the, the, the following the trans-- the, uh, uh, the psak of the Raavad and the Ramban. And the... To say that myrrh is from an animal, that's the, uh, the other opinion of Ra- the Rambam and many others. Meanwhile, this fellow who a-a-alerted me to this asked me, "What indeed is the berachah for the myrrh, the one which is a vegetable origin?" So here we have... This is from the Alter Rebbe's, uh, Sefer HaBerachot, ainayim peh achiot alef. If you have oil, and you, um, mixed spices into the oil, and now the oil became a fragrant oil. So again, the oil is a bland oil, and you mixed into it various herbs, et cetera, and now the oil has become fragrant. So then you'd make the... If the-there's a mamoshos, if the actual wood or petals, whatever is in, still in the oil, then you'd make the berachah on the oil, the appropriate berachah. If it's a, um, wood or, or, uh, or an herb, atzeh besamim or eitz

43:08 Speaker 1 besamim. If, however, you strained the oil, and now it's just a pure oil which has got a fragrance, but it doesn't have any bits there. So then some say you should say, "Borei minei besamim," because now it's just a, a fluid without any... Not, not atzime, not etzime, not any izve. That is when you'd taken a bland oil and made it fragrant by, by, um, putting the ingredients in. By contrast, "Mayim haniskotim ba'baysim," if you squeezed out liquid from the... You took this fragrant stuff, and you squeezed it, and that fluid is fragrant. That's the same as the mamoses of the baysim of the, of the, uh, original thing, and therefore you make the appro-the appropriate bracha. Like, "Hechin ariach sraf anit m'atzeh hakta ha'etzim," like a sap, a fragrance sap which comes from, uh, frankincense, et cetera. You'd say, "Borei atzei besamim." So with this myrrh, and, and I, I'm not so familiar what the matias is, but, uh, whether it's, uh, atzei besamim or is it, uh, izbei besamim. It's onyx root. I, I saw onyx sha... Whatever it is, I still didn't spend time enough to, to, to be mevarer. But it, it follows that once you know what the actual, uh, root is, then you'd make the same bracha on the oil which is squeezed out of it. So that's our list of questions for today. And what we have is now to make a siyam on the, um, Sefer HaRambam, Sefer Kedusha. We're just finishing today. And, uh, so the

44:51 Speaker 1 last thing is about Kesei HaDam. So, Harghach HaProtes, today we learned in Gemara. We started Gemara Peah, and there it talks about in the first Mishnah, the third example, the third machlokes Rashi, um, um, um, Shamai ve'Hillel is about Kesei HaDam. And I mentioned there in something about the mitzvah of Kesei HaDam. So I'm going to... I'll first read the Chinuch, uh, who talks about the mitzvah of Kesei HaDam, and then we'll... The last thing we'll finish off with actually reading the Rambam. So the Chinuch, as his style is, he's tracing the ex- reasons for each mitzvah. Ishshor shiha mitzvah. What's the reason for this mitzvah of covering the blood after shechting a bird or shechting a chayya? It does not apply to shechting a cow or a sheep or a goat. To the domestic animals, it does not apply, only to chayya vaye. So the life of, uh, uh, of the, uh, of every living creature is very much dependent on the blood, the circulation of the blood. Indeed, it says in the Torah when it comes to Kesei HaDam, "Ki ha-dam hu ha-nefesh." So the blood has got to do with the chayas. Therefore, we've taken now a chicken, and we've shechted it. Lo elono, it would be appropriate for us to, out of respect, to cover that nefesh. Lehas tiro mei ein roiov. Ter nech lamah bosse. To, to be discreet about that blood, to cover it before we go and start eating the meat. In gam bozen nikne ksas achzorius v'nafshei

46:29 Speaker 1 seinu, v'nafsheinu. He seems to be saying that if you would be permitted to eat the meat whilst the blood is still splattered on the ground, that would be a certain cruel, a, a cruelness to, to... To have the nefesh is so exposed, and you're going to eat the meat. Lech lamah bosse va'nefash nishpach lafon. The, the life, uh, f-force is splattered on the ground, and you're en-en-enjoying the meat. That's fairly much, uh, quite like an animal, like a, like a, an ani- an animal of prey. So that's why we have a mitzvah to cover the blood. Aye, what about the blood of a cow and a, a sheep? Behemos lo nitztvinu kah. We don't have this mitzvah when it comes to anim- um, uh, the blood of the domestic animals. And the answer for that is because dam ha-behemah nitan lekorban lekapara nafshi seinu. Because the blood of an animal is used for the choices. It'd be used as a korban, as a form of atonement. And therefore, in that sense, in that, that setting, iyef shelo chasoise. In... When it's used as a korban, and it's, uh, uh, sprinkled on the Mizbeach. On the contrary, that blood is used for atonement, therefore it's not covered. Ve'afa ach ashakein, since the blood in, in atonement is exposed. Leolot, the Torah doesn't want to differentiate between k-kiddushim and chulin. Are you going to ask that amongst birds also, there are birds which are used as korbans, the Torah ve'nyona. Well, they are a minority, and therefore

48:05 Speaker 1 the Torah doesn't take, uh, uh, such consideration for a minority. So that's what the... He's saying it's got to do with, um... So Kesei HaDam is saying actually it's got to do with, uh, a, being more sensitive, more refined. And the reason why it doesn't apply to behemes is because that, that is used on the Mizbeach. I mentioned today at the shir something similar, not identical, that the issu of chelev, of the fat, is... So we're not allowed to have fats from the animals, whereas from a chayya we are allowed to. And I suggested that the... That's because the chelev is put on the Mizbeach by a korban, and therefore there's a... It's, it, uh... The chelev is sacred in a korban. Therefore, we're, we're, uh, not allowed to eat the fat. A chayya, it would never come onto the Mizbeach, and therefore we are allowed to eat the chelev of the, of the, uh, of the chayya. Right, um, and just to summarize that point. Chelev Adam, this is the two vital parts of life, the, the, the chayas and the gishmak. Dam is the chayas, and chelev is the gishmak. So those in yonom which we have, we should realize that they really belong o-o-on the Mizbeach. They belong in the area of Avodas Hashem. And we're now gonna finish off the last, uh, paragraph of today's, of, of today's Rambam, which is the end of Sefer Kedusha. Uchoshe mechase. When we do the mitzvah of covering the blood of, uh, of a,

49:41 Speaker 1 uh, ch- bird or a chayya, lo yechase be'ragloy. Don't kick it with your foot. El lo be'yodoy. You should do so with your hand. Oy be'sakin, or the knife. Oy be'kli, or with another implement. Uh, I was there a couple of times by... At Kaparos, uh, on Erev Yom Kippur. I could see how by the shechita, the Kaparos. So the rabbi would... Did Kaparos in his room, and then he brought the chicken out to the... Where the chu- where the sukkah is. And Shlomo Kalmanson was a Shochat. He was there, ready, waiting, and he prepared a square of cardboard. And he had a pile of sawdust. And he made, in the middle of the sawdust, he made like a recess. So it was like a pool in the middle of, uh, surrounded with, with sawdust. And he, he shechted the chicken and the, the blood trickled into that middle area. Probably was sawdust at the bottom also, but, um, it made like... And then he plucked four feathers, and then he gave the Rebbe these four feather, I think it was four feathers, and the Rebbe used them to brush, made the Bracha, and then brushed the, the sawdust from the various sides to cover over the blood of the, of the shechted chicken. Okay, so there's, one doesn't do Shchitah Adam with your feet. It's out of respect. And instead, you do it either with your hand or with a knife or another implement. Kedeshe lo yinhag boi minag bizoyon. Not to degra- to,

51:22 Speaker 1 to, to, uh, to use, to, to, to behave in a disgraceful way. Veyiu mitzves bizuyus alav. This would indicate that the mitzves are, uh, looked down, they're disdained by one's, by the person. And now, what's the mitzveh? She'eina kovod la'atzmon shemitzves. The kovod is not here for the dust and not for the blood. The kovod is, elelu mi shetziro behan baruch hu. Treating a mitzveh with respect is treating the command of those mitzves with respect. And he finishes off, vehitzilonu milamashish bachszech. And Hashem, blessed be He, has saved us from groping in the darkness. Ve'orech oysonu. And He's prepared for us, ner, a, a lamp. L'yashar hamaakasim. To straighten out the crookedness. Ve'or. And the mitzves are light. Lehoros neseivos yosher. To guide in paths of, of, of righteousness and on, on. Ve'chenu omer. Indeed, we have a pasuk in Tehillim, which is the support of the Rambam's very poetic language. Ner leragli d'vorecho. Your words are like a lamp to my feet. In other words, I should go in the right way. Ve'or lnesevosi. And they are a light for my path. And with this, the Rambam finishes off Sefer Kedusheh. With this, I'll wish you all, uh, good night. A good Shabbos. And we should hear besuras toivos, yeshuos, uvenachomos, and b'machshias chfeinu, v'besuras hageulah, bimheira u'yamainu amens.

53:05 Speaker 2 Amen. Mm-hmm.