האזינו – שובה תשפ״ז

00:02 Speaker 1 Good evening. Welcome to tonight's shiur. It's Thursday of Parshas Hazino, Teshuva. First shiur on, uh, Shnas Tof Shin Peh Zayin. The shiur is dedicated in honor of the birthday of Shifra Bracha bas Chaya Bunia, whose birthday is Zayin Teshu tonight. Leha'eyr yamim shanim tovias, and z'rus tovias, v'nalagut hazach. Right. So we're gonna start off with a Yom Kippur question, and that is that on erev Yom Kippur, well, Erev Yom Kippur, but Kol Nidre. Before we start Kol Nidre, we have the pasuk, "Ohr zarua latzadik." Now, in other mahzorim, other nusachos, they just say the pasuk, "Ohr zarua latzadik." And in our mahzor, so the Alter Rebbe in the siddur also just mentions the pasuk, "Ohr zarua latzadik." Yeah, that's the version of the Alter Rebbe. But yeah, in pasuk, "Ohr zarua..." But in our s-- In our mahzor, it's been... They say the whole of Hashem moloch. But the main reason is because of this pasuk, "Ohr zarua latzadik." So what is the reason for saying this pasuk? And the Alter Rebbe doesn't put in this, this remez, but in the mahzor, it has it that the word "Ohr zarua latzadik" has got their s-- last three letters spell out the word "kera" or "kra." And "yesh lev simcha," the last letters, well, make up to the word, um, "tov," which means good, yeah. Gematria of seventeen. So what's the significance of this? So I, I did, did a little looking around. S-- One, uh... Actually, yeah, I, I actually tried ChatGB, ChatGPT, whatever it's

02:00 Speaker 1 called, to see what they come up with. And they actually dug up somewhere Kol, Kol Haloshen. And someone says that, uh, it's the idea of coming into Yom, Yom Kippur with a simcha, with a bitachon. So that's a yesh lev simcha, which is nice. Um, but really, where-- what's the source of it? And so the source of it is clearly from the Arizal. And what they-- here the Alter Rebbe is quoting from, from the Arizal. The night of Yom Kippur, for Kol Nidre, the Arizal told his talmidim that the, the value of the Sefer Torah of The Arizal advised his talmidim, one of his talmidim in particular, to, to offer as much as he could, uh, poss-possible, uh, afford to buy the, the mitzvah of holding the first Sefer Torah. So there's the idea of holding Sefer Torah for Kol Nidre. And then we have this pasuk, "Ohr zarua latzadik." So let's go down, and we'll see from the Siddur HaArizal where it comes from. Now, some say that "Ohr zarua latzadik," the, the six letters of the Sefer Torah, spell out "Reb Akiva." And there was a... One of the great shoynim called the Ribitzchover, of V- of Vienna. And he's, he published a Sefer. Well, he wrote a Sefer. It was printed afterwards, uh, called Ohr Zarua. It's a Halacha Sefer. And he had-- He says in his hakdama, in his introduction, he had a question, how do you spell the name Akiva, with an alef at the end or with a heh

03:41 Speaker 1 at the end? When you spell-- When you write a git, you have to get things actually, uh, accurate. So, and then he had a dream where in his dream, he was told, "Look at the word Ohr Zarua, the rosh tesafos of Reb Akiva." And there, so the heh-- the Akiva is spelled with a heh. I must tell you that the Halacha, the practice, is to spell Akiva with an alef, and that's because someone... No, another hokham, another one of the shoynim, had another kind of heavenly, uh, gili on which therefore it's just spelled, it's spelled with an alef. I don't remember the detail. What's the Reb Akiva got to do with Yom Kippur? So there are those who say that the Reb Akiva who we're talking about is one of the Arush HaRugei Malchus, the ten who, uh, who were killed by the Roman, uh, occupiers. So, uh, so Reb Akiva was apparently, he was, uh, killed, tortured to death on Yom Kippur. So some want to say that's why we have this pasuk alluding to Reb Akiva. That's all very nice. But let's qu- see what it, what it says in the Siddur HaArizal, which I believe is the earliest source. The Arizal seems to be the earliest source for this. So he says, "Vayomer pasuk, Ohr zarua latzadik," because the Ohr zarua latzadik has got the yesh lev simcha, "kra." "Latzadik," and then he has the whole Gematria. And he says the following, that for a certain kind of avera, you would have

05:05 Speaker 1 to fast so many fasts. And now you can tear, that's the kra, you can tear the klipa, that, that impurity, and you can elevate all of the, uh, the lost sparks, so to speak, which were-- went to waste, and that was coming from your seud. And your seud is, is referred to as tov. And that's the yesh lev simcha is the tov. So by... So now, bizchus haTorah. You're, you're, you've gone now and you've, you're holding the Sefer Torah. And so bizchus haTorah, which is called tov, that is an opportunity of elevating the other tov, which has gone, which has gone astray, to elevate them. So the-- It's-- This is the remez of why we say, "Ohr zarua latzadik." So it's associated with the holding of the Sefer Torah. I'm sure it can also be shared with all the rest of the people in the shul who aren't saying-- uh, or aren't holding the Sefer Torah, but that's what is-- what it's about. But take, um, um, welcoming the Sefer Torah and, and embracing the Sefer Torah and holding it for, for Kol Nidre, and that's a, a zechus, a tikkun for this inyun. Okay, that's as much as I would want to share with you and, and this inyun, and we're gonna go on to the next question. Okay. So it does say in the Ramah to say Kol Nidre mibehid yom, whilst it start Kol Nidre whilst during the day. And the Alter Rebbe says so too, and you can see the, the

06:40 Speaker 1 text of the Alter Rebbe. V'noden is the cus- is customary to say Kol Nidre mibehid yom. Why is that? Because we don't absolve vows on Shabbos and Yom Tov. Ah, you're gonna say Kol Nidre. We're not... We're, we're, we're not ab-absolving vows. We are making a statement for the future. There's a whole machloket already showing him what exactly is Kol Nidre. Is it for the past or the future? So if you take the view, the, the, the indarom, which I will vow, any vows which I will make should be annulled from, you know, dead on arrival, so to speak. M'kol mokom, it's got the resemblance of Hatarat Nedarim. And people might get the impression, "Oh, if you're doing Hatarat Nedarim, you remember, you, you keep it by night." So then you can do Hatarat Nedarim on Shabbos or Yom Tov. And that's the reason why we have two people either next to the chazan. Because Hatarat Nedarim, we normally have to have three, a minimum of three people. So we have another two people next to the chazan. Okay, but it does say to do Kol Nidre mibehid yom. And then you look at Orot Minhagim Chabad, and if you... I mean, if you've been around for a few years, you'll notice we never, we never start Kol Nidre mibehid yom. And then it says in, in the, uh, Orot Minhagim Chabad, ei medakdek yin. We're not particular to do Kol Nidre mibehid yom, even though the Alter Rebbe says you should. And we're apparently

08:04 Speaker 1 not the only ones. He's got here from the Minhagim Harambash. I think he was in Hungary. I- Ambash is short for Eisenstadt. So he would also have the meaning of doing Kol Nidre later in the evening. Doesn't mean he's the only one, it's just the only one which is on record. Now, I would like to suggest the following, that as we know there's this machloket between Rabbeinu Tam and the Gaonim, when is the beginning of nightfall? When is, when is the shkiah? And Gaonim say the shkiah is right by sunset. The Rabbeinu Tam says shkiah is, is three mil and a quarter after sunset. That's the shkiah. Uh, shnih, that's the shkiah. That's the, the... Until then, it's yom. Okay, so mibehid yom, you've got, you've got a good half, uh, three-quarters of an hour or more after sunset, which is still according to Rabbeinu Tam, it's still mibehid yom. Now, the impression one gets from reading Shulchan Aruch is that they all followed Rabbeinu Tam. It makes sense, though, it comes Yom Kippur, that by the time the sun sets, people already were mafsik from eating and call it Toisfot Yom Kippur, uh, uh, abstained from melacha, came to shul, whatever it may be. But since it wasn't pitch black yet, when the Ramah says mibehid yom, he means mibehid yom when it's not pitch black. It doesn't mean while the sun is still shining. The sun is... When the sun is still visible. And I've never been to a shul where they give

09:35 Speaker 1 a Kol, a Kol Nidre drasha. But I s- uh, correct me if I'm wrong, the Kol Nidre drasha is said before Kol Nidre. Is that right? After Kol Nidre? Okay. All right. So, uh, I s- I sit corrected. Okay. Um, all right. Be that as it may, but that may be to accommodate this. I, I understood it was the other way around. Fine. Um, good. So that's what I'm... What I'm suggesting is that the Kol Nidre mibehid yom of the Ramah, an hour doing it even, let's say, twenty minutes after sunset. The, the thing is, why we don't want it too early, because then, in the absence of a, of, of the Kol Nidre drasha, you're gonna have a gap between... We don't davven Maariv early in Chabad. We davven Maariv b'zmanui. So if you do Kol Nidre, and then you're gonna have people sitting twiddling their thumbs until it comes to, um, to, to, to start Maariv, that, that's not a good idea. It's, it's a good idea to go straight from Kol Nidre into Maariv. And because of this, I suspect, that's why we, uh, do start a little bit later and work it out. Now, by the time we finish Kol Nidre, it's pretty much time to start Maariv. But what I'm trying to say is, suggest is that the mibehid yom, which the Ramah is talking about, is actually the same time as the not mibehid yom of Chabad, because it's after Shkiah for Rishono, but in, uh, before the second

11:05 Speaker 1 Shkiah. Okay, let's move on. Now, uh, one shliach contacted me this afternoon, and he, uh, did not have a, uh, didn't, he didn't have the opportunity to do Hatarot Nedarim on Erev Rosh Hashanah. Didn't have a minyan, whatever. So now he's having a shiur this evening with some, with some students in his, in his Chabad house, whatever. And so he asked, can he do Hatarot Nedarim by night? So I said yes. But just to confirm this, you have it on the screen from the Shulchan Aruch. So this is in Hilchot Nedarim, seif resh-ches, seif gimel, and it talks about how is Hatarot Nedarim done. The basic Hatarot Nedarim is that the, those who are absolving will say three times, muterlech, muterlech, muterlech, or similar. And the materim could be... Um, it could be standing It can be relatives, as far as you remember, not the husband to the wife. It can be relatives. Or ba'alat can be done by night. Or a Shabbos, if, um, it-it-- to do on Shabbos is only if the dissol-- absolving of the vow is needed for Shabbos. All right, but we have clearly that it's not like other einayanim of din, which are daf k'biyom. It's can be done ba'alat, and the dayanim can be relatives also. So it can be brothers or sons, et cetera. Okay, let's move on, and that is Boruch Shemo. Now, I did share this with you last week, last year, and that was the notes of the Rebbe Rashab on the Kaf HaChaim

12:58 Speaker 1 of Rabbi Chaim Talalji. So Rabbi Chaim Talalji writes in the context of Birkat Kohanim that when Hashem's name is mentioned, make sure to say Boruch Shemo, as it is written in Shiur Knesset Hagedolah in the Hashmatot, in the Pri Chadash, in the Birkat Yosef. So he gives three sources to say-- to answer Boruch Shemo to Birkat Kohanim. The Rebbe Rashab questions this, and he says perhaps they meant the brocha. On the brocha Shehechetyanu, vemitzvotav ve'tziyvanu. That, that brocha, you should a-you, you, you should answer Boruch Shemo. But the Birkat Kohanim proper, aval behHashem shemeskilim ve'hapesukim. But the Bro-- Hashem's name in Yevarechecha Hashem ve'yishmerecha. Yo Hashem, panav yisa Hashem. Lo ra'isi noyagin lo ma Boruch Shemo. I haven't seen there should be a minhag to answer Boruch Shemo. Now, if you look up this particular Pri Chadash, I believe you'll see mefurush that he means in middle of Birkat Kohanim, in the brocha-- in the Birkat Kohanim itself. But the Rebbe Rashab is saying, "I've never seen such a thing being done." But so here we have on the screen from the, uh, Sharat Shuva in kuf-kaf-ches, in the dinim of Birkat Kohanim. So he gives us one reference to this response of Dvar Shmuel. That's Rav Shmuel Abuhaav from about four hundred years ago. When he, he, he says some people make a... They, they do say Boruch Shemo, um, when the Kohanim are saying and when the, when the chazan is saying. Actually, I looked up the Ben, Ben, Ben Dvar Shmuel. He's

14:57 Speaker 1 not happy about it. And he says Boruch Shemo is only for a literal normal brocha of Baruch ata Hashem eloheinu melech ha'olam. For such a brocha, you say Boruch Shemo. But other forms of brocha or other mentions of Hashem's name, so you don't have this minhag of answering Boruch Shemo. That is the Dvar Shmuel's position. Pri Chadash, he's, he takes the other extreme, and he says, "Whenever Hashem's name is mentioned," even... So that even if not a brocha, you should say Boruch Shemo. And that's related actually to di- this week's sedra. Ki shem Hashem ekra, havu goyim lehelekhenu. When Hashem's name is mentioned, so then we should applaud Hashem's name. And yet, despite the Pri Chadash and others, the minhag which the Rebbe Rashab says is to not say Boruch Shemo during Birkat Kohanim. And for me, as you may have noticed last week, this has been for me a big scoop. But actually, this is written in Sefer Minhagim. And Sefer, now, now, Sefer Minhagim, a large, uh, proportion of it is from the Rebbe's writings, from what the Rebbe published. Our Rebbe took it upon himself to galvanize Minhag Chabad, and during the lifetime of the Friediker Rebbe, put together n-number of collections of minhagim. And when he would publish a sicha or a maimar, a kuntres, so mizan mizan, from time to time, there would be also a Yalkut Minhagim. So in Kuntres Kuf Yod Gimel, which is... Was, was published in Taf Shin Yod Gimel in nineteen fifty-three. So there it

16:58 Speaker 1 has a Yalkut Minhagim for Tishri. And there it has, and this is then brought in Sefer Minhagim. It has the whole thing about when you have Birkat Kohanim bending to, uh, to the right, to the left, et cetera, the whole business, which is in our Yom Yom. But then it has that we do not answer Boruch Shemo when the Kohanim by, by-- in, in the middle of Birkat Kohanim. And I'm, I'm going to confess that when I put together the siddur with the notes of the siddur, I... This skipped me. I, um, I didn't, I didn't notice and didn't, didn't quote it in the, in the siddur, this, this point. But we have this already from Taf Shin Yod Gimel. The Rebbe does not give a source why he said so, but that we do not say Boruch Shemo during Birkat Kohanim. So now I'm intrigued to know a reason for this. So, um, one day on, on, on Rosh Hashanah morning, I was having... It was the first day. So I was having a cup of tea. Um, Shabbos said it's not a problem of having a cup of tea before davening. And I have this sefer. It's actually an English book. Called Apples in the Garden, and it's a c- it's, um, pieces from Kessei HaAriza"l, Al Pashas Hashavua. Very nice piece of work. And on this week's parasha, he says, you know, he quotes here from the Ariza"l, "Ki Shem Hashem Ekra." Oh, we're going to look at, as I said, the

18:27 Speaker 1 passage before. It says the following. We all know that Hashem's name is written mostly Yud-Kei-Vav-Kei. But lo keshe'ani nichtev ani nikra. We do not pronounce Hashem's name the way it's written. It's written Yud-Kei-Vav-Kei and pronounced it Adoni. So he says the f- Ariza"l says the following. This is from the Kuta Tayra, Ariza"l on this week's parasha. That when you say Baruch Ata... It says this. Atem omer... When, when, when Baruch Ata is said, then the response is Baruch Hu. That Hashem is blessed. Lecano Atzmoi. Shem Havaya. When you say Hashem and you're pronouncing it Adoni. So that's with Baruch Shemo. So now, something I never knew before. Baruch Hu, Baruch Shemo is... Baruch Hu, Baruch Shemo is blessed is, is Atzmus. Blessed is Havaya. And Baruch Shemo is blessed that the, the fact that Hashem's name is pr- is pron- is pronounced Adoni. So Baruch Hu, Baruch Shemo is alluding to, uh, Havaya, Atz- Atzmoi, Elokus Atzmoi. And Baruch Shemo is referring to Shem Adoni. Okay. So now, so when you hear a chazan saying, a Baruch, Baruch, uh, Baruch Hashem, he says, Adoni. So you say, Baruch Hu, Baruch Shemo. Baruch Atzmus is Baruch. Baruch Shemo is Shem Adoni. What happens if you hear the chazan saying Shem Hamaforash? Then you don't have to say Baruch Hu, Baruch Shemo? 'Cause you've heard that the, this, you've heard this Shem Atzmus. There's no point in saying Baruch Hu, Baruch Shemo according to the Ariza"l. Now, here we have a Gemara sugya which tells us the

20:15 Speaker 1 following. Kois Baruch as Bene Yisrael, V'Shem Hamaforash. The Kohanim in the Beis Hamikdash are saying, Yevarechecha. They say Hashem's name, not Adoni. They say Shem Hamaforash. They say the Shem Yud-Kei-Vav-Kei. Oyenei elebekino yitbehav. They say Shem Adoni. V'Hamadnoi b'vasom es shmi. Shmi hamiyuchadin. They should, uh, they should, uh, uh, bestow my name on the Bene Yisrael. And Shmi means my name, Ham- Ham- Ye- Shem Hamiyuchad, which is the Shem Hamaforash. Yochel af bigvulin ken. You might think that also elsewhere, not in the Beis Hamikdash, ev- everywhere the Kohanim should say Shem Hamaforash. Nehema kam vasom es shmi. Nehema lalon v'losom es shmo yishah. Ma lalon Beis Habchirah afkam Beis Habchirah. So this thing that the Kohanim bless Hashem... Sorry, give Birchas Kohanim using Yud-Kei-Vav-Kei, Shem Hamaforash, is only in the Beis Hamikdash. So this is what I'm suggesting. That since in the Beis Hamikdash by Birchas Kohanim, there wouldn't be the interjecting of Baruch Hu, Baruch Shemo. Therefore, there's, there's no need... That's the reason for the Minich not to say Baruch Hu, Baruch Shemo, um, during Birchas Kohanim. Now, someone asked me on this theory. As far as we know, the whole Baruch Hu, Baruch Shemo is something, well, from the Rosh. The Tur in Siman kuf chaf daled says that he saw his father, when he hears the chazan saying, Gebirochu, he says, Baruch Hu, Baruch Shemo. So from the Tur, you get the impression that the Baruch Hu, Baruch Shemo is a invention of the Rosh eight hundred years ago. So I

22:02 Speaker 1 did a bit of homework, and I saw in Cyclopedia Talmudis on the Baruch Hu, Baruch Shemo, quotes the Haredim, who was a c- a contemporary of the Ariza"l, who says that Baruch Hu, Baruch Shemo is much earlier. He says Shem Hamidrash. So although the, the, yeah, on, on record, well, relatively, the Rosh is the most well-known source, but it was much earlier, and so if there is a need to respond... So perhaps it was done in the Beis Hamikdash, but because here Shem Hamforash was said, then that wasn't the reaction. And then, all right, what's left for, for the, uh, Shabbos Shuvah, the Rosh... Um, what exactly is the difference between the Kohanim saying the Shem Hamaforash and the Kohen Gadol saying the Shem Hamaforash? Kol Kohanim ha-alom amim ya'azoru. They heard the Shem Hamaforash yoitzei, so they all become, um, you know, all bowing down. So there was... There must have been... There must be some major difference between the Sh- Shem Hamaforash yoitzei appearing Kohen Gadol and the Shem Hamaforash as it's said by the Kohen in by Birchas Kohanim. That's, uh, gonna have to wait for another time. A bit more research. Okay. Now, someone asked me, we're going to some simple, very simple question, but someone asked, so it's worth addressing. And that is, he noticed that in his Sefer Torah, he noticed there were some holes in the parchment. And he says, "Are we allowed to use the Sefer Torah to... before it's repaired?" He was like, really, he was

23:38 Speaker 1 very concerned. So I told him it's okay, but I'd like to also look this up afterwards. I was sure it's okay, but here we have from Siman lamed beis, Eichas Tefillin, where the Shulchan Aruch writes, "Yihiye haklaf shalem." The parchment should be inta- intact. Shelo yihiyu bo nekovim. They shouldn't have holes. She'ein hadyoi ohev aleyhem. That the ink will not be able to pass over them. Dechain ushelo yitehi hak- oy ez niris bechaluka lishtayim. If you have an, a, a letter written and there's a hole in the middle, so then the hole divides the letter into two. So that's where having a hole in the parchment is an issue. But if it's on the margins where there's no writing done anyways, so that's certainly not a, a problem. I mean, hadin, there might be, it's not mehudar. That I don't know. I didn't, I didn't manage to find any further detail. But it's certainly, the Sefer Torah is kosher. You can lean in it. It's not a problem. Right. Now, next question. A young lad, uh, g- wasn't wearing tzitzit till now. So he says he's agreeing to wear tzitzis, but he doesn't want to wear an undershirt. Doesn't want to have what we call in England a vest underneath. He wants to wear it just, just the tzitzit directly on his shirt. So generally, we do make a point of having the tzitzit, uh, having it, um, on top of a, a shirt, un-on top of a vest. And the reason is for, uh,

25:21 Speaker 1 because the one which is the, the, the skin sweats, you know, you've got perspiration, and that's why you wear a vest to absorb the perspiration, and that's not so respectful to the tallit katan that that should be your, your to absorb the sweat. So going back a little bit earlier. The Al Pi Neglah, the tallit katan should be on the outside. For Isim Oysur comes along the Arizal and he says there's two forms. There's a tallit gadol and the tallit katan. And the main Isim Oysur that it should be visible to everyone is in the tallit gadol. The tallit katan, the Isim Oysur is only for yourself, not for others. Says the Arizal, who comes and says that the tallit katan should be under the garments. And here we have a difference between, all right, Perisher and what's more common, Chabad, although I remember Hasidim wearing the tallit katan on top of their shirt. But, uh, majority is, of us don't do that. And the, the, the, the word is that we tend often to go around just with a shirt without a jacket. Therefore, we put it under the shirt. It should be under an undergarment. Other pe- other circles where they're always wearing either a, a rekel or, or at least a vest or what they call it. I wonder we call in England a waistcoat. So then the tallit katan is under that. So there's an idea that tallit katan shouldn't be the top garment. So now here we have from, uh,

26:53 Speaker 1 Pesukei Shabbos quoting from Pri Eitz Chaim from the Arizal that one shouldn't wear it tachas. Well, it's meant to be under the garment, but not all the way the last garment, but it should be on top of a shirt. Yeah, that's what he writes under the jacket. All right, he's writing in, in, in his Kreiz and Perisher Kreiz on top of the shirt, under the, under your jacket. Um, and our, our, our way was on top of your vest, under your shirt. Right. But then, Midino, he writes, strictly speaking, there's no kpedo, no objection to wear the tallit katan directly on the skin. He quotes from a Flema Zalman that it's not a problem of bizuy mitzvah. Rebbe Yisroel is a bit concerned about bizayon. Anyway, here was a story that this boy was otherwise not gonna wear tzitzis. So let him wear them directly if that's, that, if that's gonna work. That works better than nothing at all. But I did comment it's gonna be after, after a week wearing it the whole time, it's gonna be very uncomfortable to keep on wearing it. So, uh, all right, that, that's, that's for him to work out. Okay. Now, one of our, a per-- a Shliach in Eretz Yisrael. We're in touch very often with him, and his wife gave birth to a baby boy on, on, uh, Gimmel, on G-Gimmel Tishrei. So that means a bris on Yom Kippur. Before I go further, I just want to, um, read the comment, a couple of

28:34 Speaker 1 comments. Okay. So someone is telling me that before Kol Nidre in other shuls, they do the Tefillat Zaka, which I believe is, was composed by the Chayyei Adam. Um, so that's in, in many Machzorim you have this Tefillat Zaka. Uh, okay, so that also makes Kol Nidre that little bit later than, than, uh, than Maariv. All right. Right. Okay. So now, Ari is pointing out, talking about the tzitzis on the skin. The Bigde kehuna were also put on the skin, of course. Uh, they weren't allowed to have a chatzitza beneath them. True. Okay. But meanwhile, he's asking me, what's the time for the bris? When... At what stage in davening when, when should you fit in the bris? So here we have from Shulchan Aruch, Hilchot Yom Kippur, and then we have in Shulchan Aruch, Hilchot Rosh Hashanah. So let's read what the Alter Rebbe writes for Yom Kippur. "Im yesh milo bayom ha'kipurim." So we do the bris between Krias HaTorah and Mussaf. After Krias HaTorah, we perform Mussaf. After the bris, we say Ashrei. "V'yesh nogein lamul achar Ashrei." So I'm just puzzled. What's this? What's the difference? What's the big deal whether you're gonna say do the bris before Ashrei or after Ashrei? So I'm, I was intrigued. This opinion says, this is the Mechaber says for the Mordechai to do the bris before Ashrei. And the Ramoh says, I mean, he goes to do the bris after Ashrei. So I'm intrigued. What's, what, what might come if ligi? Then he says,

30:26 Speaker 1 if the bris is de-being done at home and not in shul, 'cause there's no aid, let's say. So then the Sefer Torah should be put back because to leave the Sefer Torah waiting until people come back after the bris is, is, is not, not respectful. Therefore, you go home, go to, to the, the venue or, or where the baby is, the bris is done, and then come back for Mussaf and the Kaddish is said before Mussaf. And the Rebbe does... Rebbe Levin quotes from the Rebbe that if that's the case, you'd have to say an extra new mizmor Just before Kaddish. There's no such thing as starting off Kaddish, you know, totally, um, with no- nothing before. Kaddish is always said after a tefillah or after a limud. There's no such thing as just starting Kaddish out of the blue. Um, omikan, if I'm really talking about this, that often you hear chazzanim, they, not unaware, they start off Rabbi Shmuel, um, quietly, and they just say, "Yirot tzmil fonecha shivhei shmayo bames medosh." And then they say Kaddish deRabonon. Hello. Why are you saying Kaddish deRabonon? Because of limud, a limud of halachas, but you didn't say the halachas in public. So why are you... So it is important to say the last co- at least the last couple of lines of Rabbi Shmuel, besides Yehi Rotze, to say them aloud to justify saying a Kaddish deRabonon. The Rebbe, uh, was known to say the whole of Rabbi Shmuel aloud. Not perhaps, not as

31:57 Speaker 1 loud as everything else, but it was, it was quite audible to hear the, the whole of Rabbi Shmuel, and that is because it's a li- it's a Kaddish Ahar Halimut. Okay, but that's... We're going off track. Coming back. So now that's the, that's the halacha of Yom Kippur. Let's go and look at Rosh Hashanah. This is in Totef Pey Dalet. If there's a baby to be, have a bris on Rosh Hashanah, we don't wait till right after davening. If normally on a Shabbos, you'll do a bris on Shabbos, you'll wait till after Musaf, then we're going to the hou- do the be- mitzvah, the, the, the, the bris. But in Rosh Hashanah, we don't. We shouldn't. There's a reason Makdim le-Mitzvah. Uh, what's that? And what about Sh- regular Shabbos? The word is like this. This is in the, in the Levush is a bit clearer. That there is something about not delaying a bris after Chatzoas. I know there's a letter of Rebbe about it, but I'm not going into that, into that discussion about the fabregin. But there is a thing of not doing a bris after Chatzoas. So on a Shabbos, nisht in, not necessarily in Lubavitch, but in other, other, most other shuls, you'll, you'll, you've finished Musaf by Chatzoas, and so the bris will be, can be done before Chatzoas. But on Rosh Hashanah, typically davening goes later. So then the bris will be after Chatzoas. And so that's what he says. We shouldn't. There is a Makdim le-Mitzvah. We

33:27 Speaker 1 can't leave the bris till after, uh, after shul because there is a Makdim le-Mitzvah. And therefore, it's done after Krias HaTorah, before Tkias Shofar. Why? What's the connection? Oh, because the bris has got to do with Avraham Avinu. Bris Avraham. The shofar has got to do with the Akedat Yitzchak. So it's nice to have them in sequence. The bris and then shofar, then, then shofar. Okay, I'm sure you've heard this thing about the Baltakea, with the mohel being the Baltakea and the blood of it still on his lips and the... Yeah, yeah, I'm sure you've heard this before. Okay. Bameh Devarim Amurim. It finishes off that when the bris is done in shul, but when it's done at home, then indeed it's left until the end of shul. So why... What's the difference between Rosh Hashanah and Yom Kippur? In Yom Kippur, he doesn't have this about Achar Yatzium M'Beis Haknesses. Um, the simple reason is probably because people say a whole day in shul. There is no Yatzium M'Beis Haknesses. But it would be so much more convenient to do the bris after Musaf, when we generally have a hafsaka. That would have been a, a, um, a simpler time to have the bris. And yet, here he says to do it, uh, I mean, to do it a-after Krias HaTorah before Musaf. So I was intrigued, all these different details. And again, I'm intrigued what's this business before Ashrei or after Ashrei. And yeah. Okay. So I've got a few pieces of the

35:02 Speaker 1 Levush to share with you. So the first piece which I have here is, um, from Top Tzadik Beis. That's the end of Yerach Pesach. And it talks there about the fast for Bahab and making a Mishebeirach for the people, for the people who are gonna be fasting Bahab. So here he says the following, "The Mishebeirach is said after Ashrei, before your Halleluyah, whilst you're holding the Sefer Torah." «Kedei l'vorech es ha-om im ha-Sefer Torah.» So unlike the time when we make our Mishebeirachs just after Yom Kippur, and it looks like that they wouldn't have the Mishebeirach after Ashrei, before Musaf, and we wanted to be able to give the bracha whilst the chazan is holding the Sefer Torah, and that's why it's said over there. The mile of doing it. Achar Ashrei, ba'eida Sefer Torah beyad. Right. Now, we're looking at the Levush in Yerach Rosh Hashanah. So he says the following, "The bris should be done after Krias HaTorah. We don't wait till after shul because davening takes so long, and can maybe be after Chatzoas." Now, that I mentioned before. What else do we have here? Therefore, he says, um, this is still from the Levush. If a bris is on Rosh Hashanah, which is Shabbos, a Shabbos where there's no shofar, then you should say Ashrei right after Krias HaTorah, before the bris. K'mo i beShabbosot Acheret Shabbat Shana. And still, I'm, I'm... He seems to be saying that there's something of having Ashrei close to Krias HaTorah. Yeah. Again, we're asking

37:03 Speaker 1 what's the p- what's the machloket? The Ramah says, "No, do the bris after Ashrei." So now we're seeing there's something of having Ashrei- As a follow-on from Kriyas HaTorah. And I'm, I'm intrigued. What's that all about? So here we have a fourth place, and this is in the Levush in Siman Resh Pey Vav, in the Kriya, just after Kriyas HaTorah. Od mot sosi beshem, ta'am acher beshem Rabbeinu Tam. Shehu shalo. Rabbeinu Tam was puzzled. Why do we say Ashrei aloud Al HaSefer Torah with, on Shabbos more than any other day? So what he's saying is you're saying Ashrei whilst the Sefer Torah is still out. What's the, what's the point of saying Ashrei whilst the Sefer Torah is still out? Why don't you take the Sefer Torah back in earlier? Veyonse lo bas kol v'omer lo. So you had a heavenly voice that said to him the following. That Ashrei, you must take a photograph of this one, uh, um, to remember it. Ashrei as a Rosh Chodesh. Ashrei stands for Achar Sheshas Rishonim Yom. After the first six days. Yoshev stands for Yom Shvi Bochar Yud Keh. The seventh day was ch-chosen by Hashem. Beisecha stands for Birchas Yud Keh to bre- bless Hashem, to Maleh Yayin Kos. Fill a cup with wine. Od stands for not only wine, but Ofros of Bossevedogim. So that's the menu. Kiddush on a cl-glass of wine and also meat, chicken, fish. Yehallucha stands for Yeshallish Hasudos. Three meals. Levush Levanim. Wearing white clothes. Vechalif Ksuscha. And change

39:01 Speaker 1 your clothes for other, for nicer clothes. So that's Yehallucha. Selo stands for Selichot Lasis Havdalah. The end of Shabbos should celebrate with Havdalah. Okay. So, Rabbeinu Tam is asking, why is Ashrei said aloud after the Sefer Torah? And the heavenly voice tells him a fascinating Rosh Chodesh, how the first pasuk of Ashrei has got a remez for the whole schedule of Shabbos, including the menu. What has that got to do with Kriyas HaTorah? In that Rosh Chodesh, this is not a mention of the Kriyas HaTorah. But that is, that is what he's saying. That, that there's some Lamano Ash-Ashrei Al HaSefer Torah. Says more than other days. So because of the Rosh Chodesh of the beginning of Ashrei, therefore, we want to have that close to the Sefer Torah. So I, I'm still... I've got some gaps here, I'm going to confess. But what we do have here is when we saw that the Levush had said that, um, the Rama had said, we want to do the Bris after Ashrei, that's because we want to have Ashrei as a follow-on from Kriyas HaTorah. We saw that part from Rabbeinu Tam, and that's the reason for the Minich Ashkenaz. Whereas the Minich, uh, the other Minich is to do the before Ashrei, and then you come back, you say Ashrei, and then you say Kaddish after that. Okay. That's as much as I can, uh, enlighten you at the moment. And if someone has more explanations, I'm always excited to hear. Let's go on. So

40:43 Speaker 1 a simple question, which is, um, Kittel. So this is, you can see on the, on the screen. Min-the Minich is that the Chassan wears a Kittel for the Chuppah. Umipnei zeh, says in Sefer HaHalachim, because he's wearing a Kittel under the Chuppah, so beYom HaKippur in the first Yom Kippur after his Chassanah, the ein lo yushil Kittel, doesn't wear a Kittel, only the second year, the second Yom Kippur after his Chassanah. So in Chabad, Kittel is a very, uh, is, is a very reserved product. It's only used once a year. So in other circles, like, is by the Seudah night you wear a Kittel, and then, um, on Shana Rabbi, uh, some of the Chassan will wear a Kittel, and then in some places that everyone's wearing a Kittel on Rosh Hashana also. And yet in Chabad, there's, it's only, only once a year you wear a Kittel. The reason for wearing a Kittel is Yaaskil Al Yom HaMiso, it's like the Tachrichim. And so what's the reason why we're so conc-conc-concerned not to have it more than once a year? I don't know. But this Inyan, Yaaskil Al Yom HaMiso, the Kittel, is once a year. Okay. Question is, what about if this is for the, for the man, it's his second marriage. So he's already was married before, and he started wearing a Kittel to the second Yom Kippur after his Chassanah. And then for whatever reason, he was no longer married, and married, he got married again. And by the Chuppah, he

42:18 Speaker 1 wears a Kittel. Does he wear a Kittel for the next Yom Kippur? And the answer is yes. And he'll wear, so it could, could be within twelve months, he'll wear the Kittel three times. In other words, well, almost twelve months, yeah, just over twelve months. Yom Kippur, the Chassanah, and Yom Kippur again. Because once you've started wearing, th-there's a concept of a mitzvah. Once you've started doing a mitzvah, and it's like a, like a Nedar. When he put on the Kittel, he was intending, uh, indefinitely to continue wearing the Kittel every Yom Kippur. And therefore, even though whatever he, how, whatever he had turning in, in his life, his ups and downs, and downs and ups, but, uh, he can't stop wearing a Kittel. Unless you'd have to have a Hataras Nedarim, which would be, uh, also questionable. Right. Where are we holding now? Okay. This is gonna be an interesting one. So- The Shail is the following. See, the More Hoshit Mishbet Shaale, and I'm, I'm going to confess, it's not my forte. Took me a while to look around for this. And here is the following. There's a neighbor... To get into his property, he's been using, with permission, the neighbor's driveway. And just to change the details a bit, let's say in order to do that, he spent money in making the access from this, the neighbor's driveway into his own property. He spent money fixing it up, et cetera, whatever it be. He-he-- for years, he's been doing this. The last

43:59 Speaker 1 fifteen years, he's been using the neighbor's driveway with permission to get into his property. Now, the neighbor turns to him and says, "If you want to continue using my driveway, you're gonna have to pay X amount of money to-to-to... or to, uh, to purchase the rights." So does, does he have the rights? Does, does... Is-- He's asking, "Do I have a concept of Hazako?" This is where he's asking. So at first, the... Generally, there's a concept of Hazako. Uh, everyone who's learned Baba Basra knows that if you've been in possession of a property for more than three years, and then someone says, "Where's your..." So you say... "Well, where's your proof of ownership?" So you say, "I've been here for more than three years. I don't need to show you. I don't need to show you ownership." That's called a Hazaka. So ha-having occupied a property for three years without any protests, then you are not m- not obliged to show a document of ownership. But there is a rule there. It has to be Hazaka Sheyesh Imo Taina. You have to say, "I bought it. I inherited it. It was given to me." You have to come with a Hazaka with a Taina. Well, without a Taina, without a claim, so then a Hazaka is meaningless. So now I'm, I'm using your driveway. Did you pay me for it? No, I never paid it for it. So then, oh, it was from the goodness of your heart you let me use it. Okay, so

45:40 Speaker 1 now I've changed, I've changed my heart. I've gone through a change of heart. Is it, is... Am I... Am I obliged to... So that, that was my first, um, my Hashkafa Leshaana. But then again, learning in Baba Basra, you have certain things which are called Chezkas Hashmishim. So let's say our properties are mamish one next to the other, and my gutter is jutting out from my property over the line into your property. And it's been like that, it's been like that for years. And now you come along and say, "I don't want your gutter in my property." That's not so easy. You know, the, the, uh, since you've... Since the, the owner of the gutter has for years, has got more than three years of been using... You... And it's not just he's got an opening. He's actually encroaching to some degree on the other one's property. And there's Chezkas Hashmishim. It is, uh, uh, he's... The, the other one cannot... The owner of the property who's being encroached upon, he can't just dismiss him, especially when the, when the, uh, the owner of the gutter, let's say, in-invested money. And so this is what we're seeing here. Let's... So here you have on the screen, this is from the Nesivas, Nesivas Hamishpat. It's a commentary on the Shulchan Aruch Hashamishpat. So let's see what we can work out from here. He quotes a Rashba, and he says, "Yetzi or Vio," you need to have a Hazaka of three years to be able to have

47:23 Speaker 1 access to someone else's property. Says for sure you need to have Hazaka of three years. If this one wants to... The owner of the property wants to build in your... in his Chatzir and block your access, actually, you can actually object because you have access through his property. Mashmi Afril de, de Risus Regal, Yesh Be Hazaka. So the... You seem to... You see, you're seeing here that it's not so simple to say, "Oh, I own the property, and therefore I can, I can block you." Um, and he says here further, especially if he did a Meis Hanik-- Meis Hanikel to kind of... to, um, reinforce his access of, of, of play-- uh, a way. He put up some bridge or something that the, the beneficiary of the generosity of the neighbor who's, who's now, uh, asking, uh, for his rights. See, he, he invested. He invested in, in, in making u- the access from the neighbor's driveway into his property. He invested money in making it, um, usable, et cetera. So it's not, it's not okay for the generous neighbor to say, "Oh, till now I was generous. Now, uh, get out of here." It's not so poshut. He seems to have the, the owner of this neighboring property who, who has this driveway access. He's got a Taina. So I'm not saying this as a, as a definitive ruling, but... And also, they haven't heard both sides, et cetera. They take more involvement. But there is a concept of Chezkas Hashmishim. And even though

49:14 Speaker 1 there was no... He's, he can... Everyone agrees there was never any money paid for this right. But you, for years, you've allowed me to make use of this, of your property, and it's not disrupting you. And that's the case. I know I've changed the details, but here's the... It's the... In this case too, the overstepping into the, to the neighbor's property, it's an area which they, they cannot use anyways, practically. And so they turn around and say, "We don't want you to use that property without paying X amount of money." They are not fully entitled to do that, which is interesting, uh, Chidush to me. Okay. Finally, we have the following question. Nothing to do with Yom Kippur directly at all, and that is someone who, for whatever reason, wasn't able... He davened Shacharis, but Zmanah, he wasn't able to wear Tefillin when he was davening Shacharis. So he puts... And later, he gets to a place where he can put on Tefillin. Is there a point of dafka wearing the tefillin for Mincha or just putting on the tefillin just, uh, just for a few minutes and take them off? So this was the question was put to me. Is there a point of dafka doing, uh, um, using the tefillin for, for davening? So the questioner, the one who, uh, sent me the question, sends me this reference to the Alter Rebbe in the Siddur, in the Hilchos Tefillin, where it talks about if you don't have tefillin. Yeah, we'll go through this

50:45 Speaker 1 carefully. If you don't have tefillin, you're in shul, and the tzibbur are davening. So what should you do? Should you daven without tefillin, or should you wait until after davening, then you can borrow tefillin? So he says to actually wait. Wait. Don't daven without tefillin whenever everyone else is wearing, wearing tefillin. Wait till after davening so that you can borrow someone else's tefillin, even though you're gonna miss out tefillin with tzibbur. That's when you have time still to daven bizmanoh after the tzibbur. But if the worry is that zman kriat shma is gonna pass by the time you get tefillin, then he says say Shema without tefillin. And if you're worried about zman tfillah, daven Shemoneh Esreh also without tefillin. And then this is the punchline. When you get tefillin later, so you put on tefillin for Mincha. Now, this lashon is actually Alter Rebbe's Chiddush, and it's a lashon Magen Avraham. So a fellow did not have tefillin for Shacharis, and now he's-- it's eleven o'clock in the morning, and he's now got tefillin. Should he put on the tefillin now for five minutes, or should he hold on and put them on and daven Mincha, work out his day to daven Mincha with them? So there seems to be, the way it's presented, it's not just a random option. There seems to be a recommendation. If that's not practical, or you're worried whatever that Mincha may not be a practical to wear your tefillin, then, then as a second option, then you put

52:28 Speaker 1 them random, at any random moment, and you, and you say some Mizmor. And then, all right, we'd, we'd probably recommend to say Shema also, but that's another discussion. So now, a bit more pointed is in, there's a Sefer which the Chofetz Chaim put together called Machneh Israel. It's for the soldiers in, for the First World War. He put together a Sefer of Halachas for soldiers. He says like this, "If your work, um, um, duties have been busy till after midday," so you've missed the davening, you missed Kriat Shema, um, Birkat HaShachar, um, but you... Birkat HaShachar you haven't missed, and mitzvot tefillin you haven't missed because you can put on tefillin any time of the day, and you shouldn't eat before you've done the mitzvah of tefillin. "Therefore, put on tefillin and say the three Parashat of Shema. And if it is a, an half-hour after midday, then daven Shemoneh Esreh of Mincha, and then you daven another Shemoneh Esreh because you missed Shacharit because you were on duty." He says it's... He recommends you should daven the tefillah of Mincha, this early Mincha, and the Tahashlumit for Shacharit to wearing a tefillin. And look at these, these words. Since you didn't manage to daven Shacharit with tefillin, at least you should daven Mincha with tefillin. Uh, so it's a Hergesh here, which he's saying that there is something about davening in tefillin. And if you didn't manage to daven Shacharit in tefillin with, for whatever reason, so then at least do Mincha with tefillin.

54:25 Speaker 1 So this is what the, uh, um, Chofetz Chaim writes. So that's what I have for today. I'm gonna just finish off and share with you a question which I got this evening from a Shliach in Ukraine. And he sends me a picture of the Bimah in his shul, and he says, "Am I allowed to do a mundane thing on the Bimah?" And he explains. He's... Tomorrow, he's going to be driving around to many communities to poor people and giving them trays of eggs with other foods, and he has to pack them. And say he's got boxes and boxes of eggs. He wants to pack them. And he lives upstairs. The shul is on the ground floor. Instead of schlepping all the eggs upstairs and doing the packing in his living quarters, he wants to do it in the shul. And the most convenient place is to use the Bimah. It's just the right height to do it whilst you're standing. Um, is it okay? So this guy's a Tzadik. He-- This is in Ukraine. He goes around to all different communities, which is a beautiful, uh, thing. Uh, he wants, he wants to... He asked the Shailah, could he do it on the Bimah? I said, "Bashas Hatzchak, take off the cover of the Bimah, uh, and then use the Bimah." Uh, this is what I answered on the spur of the moment. Um, I have, I have reasons to say so, but, uh, perhaps later I might, uh, have said... If I looked into

55:51 Speaker 1 it more, I might have said something different. But I just want to share with you Tzadikim out there doing Chesed, going around visiting, being Mechazek Yidden. And so with that, I'm gonna finish off and wish you all a, uh, Gutten Shabbos and a Gemar Chatima Tovah. We should be inscribed for Shanah Ihla, Shanah Pei Zain. It stands for Feleg Zain. Shanah Pos. I mentioned on Shabbos, Pos. Uh, Rashi, Rashi in humor seems to say that Pos means like pearls, like glowing and gold which glows like pearls. So a pearl is created by something, uh, foreign that penetrated the oyster shell, and then it gets covered with this mother of pearl and becomes a beautiful thing. So let all the troubled things, things which have entered in our lives should be coated with shining and, and beautiful things. And we should have a, as they say, a Sheana Tovah U'Mesuchah bigashmiyut u'be'ruchaniyut li'hitraey'ut geulah shleimah b'mitos she'as dikarein. Todah.

57:01 Speaker 2 Amen.