This past week I spoke about the mitzvah of kiddushin. In this week's parsha is the mitzvah of peru u'rivu. The question is how does kiddushin fit in? Is this also a mitzvah? There are 2 main opinions in the Rishonim.
Rambam
The Rambam (Hilchos Ishus 1:2, Sefer HaMitzvos 213) states clearly that kiddushin is a mitzvah. He counts the mitzvah of peru u'rivu and kiddushin as 2 mitzvos. According to the Rambam, if one wants to create a relationship with another person, it is a mitzva to do it through the mechanism called kiddushin.
The Kesef Mishna quotes Rav Avraham ben HaRambam who explains that the Rambam holds kiddushin and nisuin is one mitzvah. Kiddushin is considered the beginning of the mitzvah and nisuin is the end of the mitzvah. The KEsef Mishna is m'dayeik from the way the Rambam lists the mitzvah in his header. He writes "the mitzvah of nisuin through kiddushin and kesuva". I think you can add a diyuk from the sefer hamitzvos where the Rambam writes "it is a mitzvah livol isha through kiddushin". You see the entire process is the mitzvah.
You can contrast this with the Sefer HaChinuch who writes the mitzvah is to be m'kadeish an isha through kesef,shtar, biyah. He makes no mention of nisuin.
Rosh
The Rosh in Kesuvos (perek 1 siman 12) says kiddushin is not a mitzvah. He says if one wants to be m'kayeim peru u'rivu yuo can do it through a pilegesh, you don't need to get married. In fact it's not even a hechsher mitzvah like shechitah. By shechitah, you can't eat without shechitah, but you don't need kiddushin to be m'kayeim perui u'rivu
Nafka Mina
1) Birchas Eirusin
How do you understand the nature of the beracha on kiddushin? The Rosh writes it is not a birchas hamitzvah but a birchas hashevach. That is why the loshon of the beracha is not comparable to a regular birchas hamitzvah. We don't say "asher kidishanu l'kadesj isha". Plus we mention the issur arayos. We never find that we mention the issur in a birchas hamitzvah. Finally, that is way the beracha is said after kiddushin and not before, there is no requirement for oveir l'asiyason since it is only a birchas hashevach.
The Rambam (Ishus 3:23) says the beracha must be before the mitzvah due to oveir l'asiyason. In fact if you omit the beracha you can't say it after the kiddushin.
2) Mitzva Bo Yoser M'bishlucho
According to the Rambam we understand why the gemara says it's better to do kiddushin yourself. Since it's a mitzvah it is better to do it yourself. According to the Rosh why is it better? In fact the Netziv (Hemek Shailah Siman 165) says mitzva bo yoser m'bishlucho would apply to a hechsher mitzvah but only a hechsher mitzvah mentioned in the Torah (like Kovod Shabbos). A hechsher mitzvah not mentioned in the Torah does not have this requirement. Since kiddushin isn't mefurash b'kra there is no mitzva bo yoser m'bishlucho by kiddushin if it is only a hechsher mitzvah. (He uses this as a rayah against the Rosh).
You can answer the Rosh with a Ran in Kiddushin (Reish Perek 2). The Ran says mitzva bo yoser m'bishlucho applies to a man because it is assur to marry without seeing the woman. However, mitzva bo yoser m'bishlucho applies to the woman as well since she helps the man fulfill his mitzvah of peru u'rivu. You see the Ran holds like the Rosh that kiddushin is not a mitzvah but mitzva bo yoser m'bishlucho still applies.
Tuesday, October 20, 2009
Tuesday, September 29, 2009
Mazal Tov
Mazal Tov to myself (are you allowed to wish yourself Mazal Tov), my wife and my six children on the birth of our new daughter/sister. Our new daughter, Avigayil was born this past Friday morning. Boruch Hashem both mother and daughter are healthy and doing fine and they made it home for Yom Kippur.
We now have 5 girls and 2 boys-hopefully by the time they are in the parsha the shidduch crisis will be solved and the boys side will pay for everything :-) .
Hopefully, we should only see nachas from her as well as all our other children.
We now have 5 girls and 2 boys-hopefully by the time they are in the parsha the shidduch crisis will be solved and the boys side will pay for everything :-) .
Hopefully, we should only see nachas from her as well as all our other children.
Monday, September 14, 2009
Parshas Netzavim/VaYeilech: Blowing Shofar on Rosh HaShana
The Shulchan Aruch paskens that we don't blow shofar on Rosh Hashana when it falls out on Shabbos (as it does this year). The reason the gemara gives is because we are afraid that one might carry the shofar in reshsus harabim and be oveir on the d'oreisa of hotza'ah. (This same reason applies for reading the megillah and taking the lulav). The question is, what happens if someone goes ahead and does blow shofar on Shabbos? Is he at least yotzei the mitzva d'oreisa of blowing shofar? It's understood that chazal made a gezeirah not blow shofar, but l'chorah the chiyuv d'oreisa still exists and if so why would one not be yotzei m'd'oreisa.
Nafka Mina
Before I get into the lomdus, there are actually several nafka mina to this question.
1) The Aishel Avraham in Siman 600 (and also brought in the otzar meforshim peirush on the side of the shulchan aruch in Siman 588 says that if one blew shofar on Shabbos Rosh Hashana then one does not make the Shehechiyanu on the second day. Since the beracha was made the first day there is no need to repeat it.
2) The Chachmas Shlomo (Siman 588) discusses a case where someone blew 2 set sof tekia teruah tekia but not that third set. This person is in limbo. .He was oveir on the d'rabanan of blowing shofar on Shabbos but he was not yet m'kayeim the d'oreisa since m'd'oreisa you need to blow 9 sounds-3 sets. The question is do we allow this person to blow 1 more set to be yotzei m'd'oreisa.
3) Chazal never made the takana in Yerushalayim in front of beis din. There is a machlokes rishinim what kind of beis din you need. The Rif paskins that all you need is a beis din of 3 people and you can blow in Yerushalayim. In 1881 (Rosh Hashana 5642) Rav Shlesinger wanted to blow shofar on Shabbos in Yerushalayim. In the sefer Ir Hakodesh V'HaMIkdash, Rav Tukitchinsky discusses the 2 sides of the issue. He writes that initaially Rav Shlesinger had 23 rabbonim on his side but in the end most of them backed out and only a few rabbonim blew shofar. He also quotes the gabbai of Rav Shmuel Salant who said that Rav Shmuel Salant would not pasken it is muttar but he wouldn't be mocheh against someone who went to hear the shofar. Fimally, Rav Tukitchinsky quotes the Aderes who said in 1903 that it was a shame Rav Shlesinger is not around to blow shofar on Shabbos since he would go behind a wall to hear him.
This leads us to the 3rd nafka mina. What would happen if someone blew shofar on Shabbos illegally-could one go hear the shofar and be m'kayeim a mitzva m'd'oreisa.
The Lomdus
The lomdus is very simple. In fact Rav Elchanan in Kunteres Divrei Sofrim Siman 3 discusses this issue. When chazal were okeir a mitzva m'd'oreisa b'shev v'al ta'aseh were they okeir it completely and therefore even if you do the mitzvah m'd'oreisa you don't get a mitzvah or do we say that the mitzvah d'oreisa still exists. It's just that now I have 2 competing mitzvos. On the one hand I have the mitzvah to blow shofar. On the other hand I have the mitzvah to listen to the chachamim. Which mitzvah takes precedence? Rav Elchanan explains that we say "shev v'al ta'aseh", don't do anything. In this case it would mean don't blow the shofar.
Rav Elchanan has a few nafka mina and rayas from various gemaras for each tzad. ayin sham.
Rabbi Akiva Eiger seems to take a clear stand on this issue. In derush v'chiddush (ma'areches 8) he says that if you blow shofar on Shabbos you get a mitzva m'd'oreisa.
Rav Tzvi Pesach Frank (Har Tzvi Siman 88 and Mikroei Kodesh) asks that there is a Tosafos in Sukkah (3a) against Rabbi Akiva Eiger. If one sits ina sukkah and the table is in the house, you are not yotzei. Tosafos says you are not yotzei even m'd'oreisa because the rabanan have the ability to be okaeir the d'oreisa and you are not m'kayeim any mitzvah. The Ran disagrees with Tosafos and holds you are yotzei m'd'oreisa, but al kol panim, how can Rabbi Akiva Eiger go against a Tosafos. (Interestingly, Rav Elchanan never mentions this Tosafos). Rav Tzvi Pesach Frank wants to learn that the m'kor for Rabbi Akiva Eiger is from a different gemara and Tosafos is learning like a shitta that we don't pasken like (ayin sham).
I found in the journal HaPardes from 1960 that the Siridei Eish discusses this as well. He asks on Rav Tzvi Pesach Frank that we pasken like Tosafos. Therefore, whatever answer you give for Rabbi Akiva Eiger has to address Tosafos since that is how we pasken. He answers that there is a difference between sukkah and shofar. By the case of sukkah, chazal possuled the sukkah itself. In such a case we would say that you are not yotzei m'd'oreisa since you are not sitting in a sukkah. By shofar, they didn't possul the shofar but rather invalidated your act. However, your act of blowing teh shofar might not be good m'd'rabanan but it is good m'd'oriesa.
In Mikroei Kodesh, Rav Tzvi Pesach Frank does seem to mention this teretz but he doesn't stick with it.
Also, if you look in the Rishimus Shiurim on Sukkah, the Rav learns the Rambam not like the Siridei Aish. He is m'dayeik in the Rambam that it is not a p'sul in teh cheftzah shel sukkah but teh ma'aseh is not a mitzvah,
Nafka Mina
Before I get into the lomdus, there are actually several nafka mina to this question.
1) The Aishel Avraham in Siman 600 (and also brought in the otzar meforshim peirush on the side of the shulchan aruch in Siman 588 says that if one blew shofar on Shabbos Rosh Hashana then one does not make the Shehechiyanu on the second day. Since the beracha was made the first day there is no need to repeat it.
2) The Chachmas Shlomo (Siman 588) discusses a case where someone blew 2 set sof tekia teruah tekia but not that third set. This person is in limbo. .He was oveir on the d'rabanan of blowing shofar on Shabbos but he was not yet m'kayeim the d'oreisa since m'd'oreisa you need to blow 9 sounds-3 sets. The question is do we allow this person to blow 1 more set to be yotzei m'd'oreisa.
3) Chazal never made the takana in Yerushalayim in front of beis din. There is a machlokes rishinim what kind of beis din you need. The Rif paskins that all you need is a beis din of 3 people and you can blow in Yerushalayim. In 1881 (Rosh Hashana 5642) Rav Shlesinger wanted to blow shofar on Shabbos in Yerushalayim. In the sefer Ir Hakodesh V'HaMIkdash, Rav Tukitchinsky discusses the 2 sides of the issue. He writes that initaially Rav Shlesinger had 23 rabbonim on his side but in the end most of them backed out and only a few rabbonim blew shofar. He also quotes the gabbai of Rav Shmuel Salant who said that Rav Shmuel Salant would not pasken it is muttar but he wouldn't be mocheh against someone who went to hear the shofar. Fimally, Rav Tukitchinsky quotes the Aderes who said in 1903 that it was a shame Rav Shlesinger is not around to blow shofar on Shabbos since he would go behind a wall to hear him.
This leads us to the 3rd nafka mina. What would happen if someone blew shofar on Shabbos illegally-could one go hear the shofar and be m'kayeim a mitzva m'd'oreisa.
The Lomdus
The lomdus is very simple. In fact Rav Elchanan in Kunteres Divrei Sofrim Siman 3 discusses this issue. When chazal were okeir a mitzva m'd'oreisa b'shev v'al ta'aseh were they okeir it completely and therefore even if you do the mitzvah m'd'oreisa you don't get a mitzvah or do we say that the mitzvah d'oreisa still exists. It's just that now I have 2 competing mitzvos. On the one hand I have the mitzvah to blow shofar. On the other hand I have the mitzvah to listen to the chachamim. Which mitzvah takes precedence? Rav Elchanan explains that we say "shev v'al ta'aseh", don't do anything. In this case it would mean don't blow the shofar.
Rav Elchanan has a few nafka mina and rayas from various gemaras for each tzad. ayin sham.
Rabbi Akiva Eiger seems to take a clear stand on this issue. In derush v'chiddush (ma'areches 8) he says that if you blow shofar on Shabbos you get a mitzva m'd'oreisa.
Rav Tzvi Pesach Frank (Har Tzvi Siman 88 and Mikroei Kodesh) asks that there is a Tosafos in Sukkah (3a) against Rabbi Akiva Eiger. If one sits ina sukkah and the table is in the house, you are not yotzei. Tosafos says you are not yotzei even m'd'oreisa because the rabanan have the ability to be okaeir the d'oreisa and you are not m'kayeim any mitzvah. The Ran disagrees with Tosafos and holds you are yotzei m'd'oreisa, but al kol panim, how can Rabbi Akiva Eiger go against a Tosafos. (Interestingly, Rav Elchanan never mentions this Tosafos). Rav Tzvi Pesach Frank wants to learn that the m'kor for Rabbi Akiva Eiger is from a different gemara and Tosafos is learning like a shitta that we don't pasken like (ayin sham).
I found in the journal HaPardes from 1960 that the Siridei Eish discusses this as well. He asks on Rav Tzvi Pesach Frank that we pasken like Tosafos. Therefore, whatever answer you give for Rabbi Akiva Eiger has to address Tosafos since that is how we pasken. He answers that there is a difference between sukkah and shofar. By the case of sukkah, chazal possuled the sukkah itself. In such a case we would say that you are not yotzei m'd'oreisa since you are not sitting in a sukkah. By shofar, they didn't possul the shofar but rather invalidated your act. However, your act of blowing teh shofar might not be good m'd'rabanan but it is good m'd'oriesa.
In Mikroei Kodesh, Rav Tzvi Pesach Frank does seem to mention this teretz but he doesn't stick with it.
Also, if you look in the Rishimus Shiurim on Sukkah, the Rav learns the Rambam not like the Siridei Aish. He is m'dayeik in the Rambam that it is not a p'sul in teh cheftzah shel sukkah but teh ma'aseh is not a mitzvah,
Wednesday, September 09, 2009
Spam in comments
I've been getting some spam comments recently. Does anyone know how to prevent this from happening?
Tuesday, September 08, 2009
Blowing Shofar on Shabbos
The SHulchan Aruch paskens that a shofar is a kli sh'melachto l'issur on Shabbos and mutar l'tzorech gufo and m'komo. I was wondering why it is not muktza machmas chisaron kis since we would never use it for any other purpose.
I saw that the Shmiras Shabbos quotes Rav Shlomo Zalman Aurbach Zt"l who makes this point. B'zman hazeh a shofar would be muktza machmas chisaron kis. It was only in the days of the gemara and Shulchan Aruch where they used it for other purposes that it was considered a kli sh'melachto l'issur
I saw that the Shmiras Shabbos quotes Rav Shlomo Zalman Aurbach Zt"l who makes this point. B'zman hazeh a shofar would be muktza machmas chisaron kis. It was only in the days of the gemara and Shulchan Aruch where they used it for other purposes that it was considered a kli sh'melachto l'issur
Tefillin as a Kli Gever
My father pointed out to me that the Targum Yonason Ben Uziel writes that tzitzis and tefillin are considered bigdei ish and are part of the issur of "Kli Gever". Most of us are aware of the claim that Rashi's daughter's wore tefillin. However, even if this is not true we do find in teh gemara that Michal bas Shaul wore tefillin and the chachamim did not protest. Furthermore, the Rambam paskens (Tzitzis 3:9) that women are allowed to wear tzitzis if they deisre. It would seem that the gemara and the Rambam argue on the Targum Yonason Ben Uziel.
Perhaps the machlokes is based on how to view tefillin. In general the issur of lo silbash kli gever is limited to when one wears the clothes as a malbush or tachshit. For example, if a man would wear a woman's raincoat to protect himself from the rain then there is no issur-he is wearing it for protection and not as a malbush/clothing. Similarly, a man can wear his wife's ring in order to keep it safe. (l'moshel-his hands are full and he has no pockets so the only safe place is on his finger). Again he is not wearing it as jewelry so it is mutar.
The question might be how do we view tefillin? Is it considered a tachshit or an article of clothing or is it something that we wear only to perform the mitzvah and it doesn't have the status of clothing or jewelry. Furthermore, even if one argues that it is a tachshit, maybe that is only for someone who wears it all day. But if you put it on solely to perform the mitzvah, maybe it is not considered wearing a tachshit.
In preparing my shiur this week (yes the chaburah zman has officially started up again), a came across a Maharshag in Chelek 1 Siman 36. He is discussing whether there is an issur hotza'ah on Shabbos if you wear something that is assur to wear-for example tefillin. He writes that tefillin in of themself are not considered a malbush or tachshit. We don't find that non Jews wear them. However, during the week it would be a tachshit for Jews who wear them for the mitzvah. However, this is only when one wears them for the mitzvah. If one does not wear them for the mitzvah-like on Shabbos then it would not be a tachshit but would be a masa-a burden and you would be chayav for hotza'ah on Shabbos. He then adds that the gemara says that if you find tefillin on Shabbos in the street you should wear them one pair at a time. However, he quotes the Magan Avraham (301:54) who says this only applies for a man. A woman would not be allowed to wear the tefillin since for her it would not be a malbush since she doesn't wear them during the week.
I guess what comes out of the Maharshag is precisely the opposite of what I wanted to say. According to the Maharshag, wearing tefillin for the mitzvah is a tachshit. The question is would that apply to the issur of kli gever as well?
Perhaps the machlokes is based on how to view tefillin. In general the issur of lo silbash kli gever is limited to when one wears the clothes as a malbush or tachshit. For example, if a man would wear a woman's raincoat to protect himself from the rain then there is no issur-he is wearing it for protection and not as a malbush/clothing. Similarly, a man can wear his wife's ring in order to keep it safe. (l'moshel-his hands are full and he has no pockets so the only safe place is on his finger). Again he is not wearing it as jewelry so it is mutar.
The question might be how do we view tefillin? Is it considered a tachshit or an article of clothing or is it something that we wear only to perform the mitzvah and it doesn't have the status of clothing or jewelry. Furthermore, even if one argues that it is a tachshit, maybe that is only for someone who wears it all day. But if you put it on solely to perform the mitzvah, maybe it is not considered wearing a tachshit.
In preparing my shiur this week (yes the chaburah zman has officially started up again), a came across a Maharshag in Chelek 1 Siman 36. He is discussing whether there is an issur hotza'ah on Shabbos if you wear something that is assur to wear-for example tefillin. He writes that tefillin in of themself are not considered a malbush or tachshit. We don't find that non Jews wear them. However, during the week it would be a tachshit for Jews who wear them for the mitzvah. However, this is only when one wears them for the mitzvah. If one does not wear them for the mitzvah-like on Shabbos then it would not be a tachshit but would be a masa-a burden and you would be chayav for hotza'ah on Shabbos. He then adds that the gemara says that if you find tefillin on Shabbos in the street you should wear them one pair at a time. However, he quotes the Magan Avraham (301:54) who says this only applies for a man. A woman would not be allowed to wear the tefillin since for her it would not be a malbush since she doesn't wear them during the week.
I guess what comes out of the Maharshag is precisely the opposite of what I wanted to say. According to the Maharshag, wearing tefillin for the mitzvah is a tachshit. The question is would that apply to the issur of kli gever as well?
Wednesday, July 29, 2009
Beracha Al HaNeis
I was recently learning the 9th perek of berachos and the first sugyah is about making a beracha in the place where a neis happens. The halacha is (siman 218) that besides making a beracha on a neis that happened to klal yisroel (for example making a beracha by the yam suf), there are other situations that one would make a beracha.
1) Based on the Yerushalmi, we pasken that you make a beracha on a neis that happens to an adam chashuv like Yoav ben Tzruyah. The question is why. The Biur Halacha quotes the Elyah Rabba that someone like Yoav ben Tzruyah was the shaliach for all of klal yisroel. When a neis happened to him it was really a nes for klal yisroel and it is considered a nes shel rabim. B'zman hazeh we assume no such person exists and we don't make a beracha.
2) The Avudraham writes that we only make a beracha on an event that happend al pi nes. If it happened b'minhag ha'olom you don't make a beracha. He asks why do we make a beracha "sh'asa nisim" by Purim and Chanukah. He answers that Purim was a nes because the king went against the laws of the land and also he killed 80,000 people to please Esther. This is not monhag haolam and is a neis. Chanukah we only make the beracha over the nes of the oil and not the war.
This Avudraham is also interesting for a different reason. Some achronim (ayin Kuntres Chanuka U'Megillah) discuss whether the beracha of shasa nisim by Chanuka is a birchas hamitzvah or birchas hashevach. The Avudraham clearly takes the tzad that it is a birchas hashevach.
3) An individual wil also make a beracha at the place where a nes happened to him that saved him from harm. There are 2 opinions in the Shulchan Aruch whether the event that happend has to be through a real nes. It seems to me that there is a machlokes between the Mishna Berurah and Chayei Adam (siman 65 in Nishmas Adam), how to understand the opinion that one doesn't need a nes.
The Chayei Adam brings several proofs that we don't require that a person is saved through a nes but as long as he was saved "b'derech nes" he can make the beracha. For example, if a wall falls on a person and he really should have died but someone saves him so he wasn't saved through a nes but the fact that someone came and saved him was hashgacha pratis and it is "b'derech nes".
However, the Mishna Berura in the Biur Halcha learns a little differently. Both opinions in the Shulchan Aruch require that a person be saved through a nes. They only disagree what level of nes is m'chayeiv a beracha. The first opinion holds you need a real nes that is supernatural. The second opinion holds that even the fact that Hashem caused circumstances to happen to allow you to be saved is a nes. If robbers held you uyp and it just so happened that someone came by and saved your life-even though nothing supernatural happeend, that is a nes and since it is a nes you can make the beracha.
Although it seems like the Chayei Adam and Mishna Berura are saying the same thing, Ithink they are not. The Chayei Adam seems to be saying you don't need to define the event as a nes-as long as it happened in a way which we see yad Hashem and is b'derech nes, you can make the beracha. The Mishna Berura seems to be saying you must define the event as a nes.
I would like to add that perhaps they are arguing in the following chakirah. When we make a beracha at the yam suf that is clearly a beracha recognizing the fact that Hashem performed a nes for klal yisroel. How about when an individual makes a beracha on his personal nes? Is this also a shevach in recognition of the nes Hashem did or maybe it is a form of birchas hagomel. A regular birchas hagomel is thanking Hashem for saving you. Chzal were m'sakein that when Hashem saved you b'derech nes that you make a sh'asa nisim as well (when you pass by the place). It could be the Mishna Berura holds like the first tzad-it is only a beracha on a nes therefore you can only make the beracha if the event is defined as a nes. The Chayei Adam holds like the 2nd tzad, it is a unique form of birchas hagomeil and we don't care if the event that happened can be defined as a nes but rather did Hashem save you b'derech nes.
I have a few other nafka minas in this chakirah.
a) The Rivash writes that besides making a sh'asa nisim over an individual event, you also bentch gomel. His reasoning is based on a kal v'chomer, if I make a sh'asa nisim kal v'chomer I should bentch gomel. If Sheasa nisim is just a shevach in recognition for a nes Hahsem performed, what is the kal v'cho,er to gomeil-they are 2 distinct types of berachos. But if we say sh'asa nisim is a differeent form of gomeil the kal v'chomer makes sense.
b) There is a machlokes who makes this sh'asa nisim. Is it only the person's children and grandchildren or every generation. If the beracha is just a shevach over the nes so we can say all future generations make it-just like the beracha on the yam suf. But if it is a gomeil type beracha so maybe it is limite dto children and grandchildren since they benefit more directly than other descendents from the hatzalah so they can make the gomeil.
1) Based on the Yerushalmi, we pasken that you make a beracha on a neis that happens to an adam chashuv like Yoav ben Tzruyah. The question is why. The Biur Halacha quotes the Elyah Rabba that someone like Yoav ben Tzruyah was the shaliach for all of klal yisroel. When a neis happened to him it was really a nes for klal yisroel and it is considered a nes shel rabim. B'zman hazeh we assume no such person exists and we don't make a beracha.
2) The Avudraham writes that we only make a beracha on an event that happend al pi nes. If it happened b'minhag ha'olom you don't make a beracha. He asks why do we make a beracha "sh'asa nisim" by Purim and Chanukah. He answers that Purim was a nes because the king went against the laws of the land and also he killed 80,000 people to please Esther. This is not monhag haolam and is a neis. Chanukah we only make the beracha over the nes of the oil and not the war.
This Avudraham is also interesting for a different reason. Some achronim (ayin Kuntres Chanuka U'Megillah) discuss whether the beracha of shasa nisim by Chanuka is a birchas hamitzvah or birchas hashevach. The Avudraham clearly takes the tzad that it is a birchas hashevach.
3) An individual wil also make a beracha at the place where a nes happened to him that saved him from harm. There are 2 opinions in the Shulchan Aruch whether the event that happend has to be through a real nes. It seems to me that there is a machlokes between the Mishna Berurah and Chayei Adam (siman 65 in Nishmas Adam), how to understand the opinion that one doesn't need a nes.
The Chayei Adam brings several proofs that we don't require that a person is saved through a nes but as long as he was saved "b'derech nes" he can make the beracha. For example, if a wall falls on a person and he really should have died but someone saves him so he wasn't saved through a nes but the fact that someone came and saved him was hashgacha pratis and it is "b'derech nes".
However, the Mishna Berura in the Biur Halcha learns a little differently. Both opinions in the Shulchan Aruch require that a person be saved through a nes. They only disagree what level of nes is m'chayeiv a beracha. The first opinion holds you need a real nes that is supernatural. The second opinion holds that even the fact that Hashem caused circumstances to happen to allow you to be saved is a nes. If robbers held you uyp and it just so happened that someone came by and saved your life-even though nothing supernatural happeend, that is a nes and since it is a nes you can make the beracha.
Although it seems like the Chayei Adam and Mishna Berura are saying the same thing, Ithink they are not. The Chayei Adam seems to be saying you don't need to define the event as a nes-as long as it happened in a way which we see yad Hashem and is b'derech nes, you can make the beracha. The Mishna Berura seems to be saying you must define the event as a nes.
I would like to add that perhaps they are arguing in the following chakirah. When we make a beracha at the yam suf that is clearly a beracha recognizing the fact that Hashem performed a nes for klal yisroel. How about when an individual makes a beracha on his personal nes? Is this also a shevach in recognition of the nes Hashem did or maybe it is a form of birchas hagomel. A regular birchas hagomel is thanking Hashem for saving you. Chzal were m'sakein that when Hashem saved you b'derech nes that you make a sh'asa nisim as well (when you pass by the place). It could be the Mishna Berura holds like the first tzad-it is only a beracha on a nes therefore you can only make the beracha if the event is defined as a nes. The Chayei Adam holds like the 2nd tzad, it is a unique form of birchas hagomeil and we don't care if the event that happened can be defined as a nes but rather did Hashem save you b'derech nes.
I have a few other nafka minas in this chakirah.
a) The Rivash writes that besides making a sh'asa nisim over an individual event, you also bentch gomel. His reasoning is based on a kal v'chomer, if I make a sh'asa nisim kal v'chomer I should bentch gomel. If Sheasa nisim is just a shevach in recognition for a nes Hahsem performed, what is the kal v'cho,er to gomeil-they are 2 distinct types of berachos. But if we say sh'asa nisim is a differeent form of gomeil the kal v'chomer makes sense.
b) There is a machlokes who makes this sh'asa nisim. Is it only the person's children and grandchildren or every generation. If the beracha is just a shevach over the nes so we can say all future generations make it-just like the beracha on the yam suf. But if it is a gomeil type beracha so maybe it is limite dto children and grandchildren since they benefit more directly than other descendents from the hatzalah so they can make the gomeil.
Monday, June 29, 2009
Korach and Yaakov
I heard an interesting pshat in what Yaakov was mispallel for when he davened that his name should not be associated with Korach. Many times people do things, both good and bad, and people react by saying "Oh of course he did that, he is a descendent of Ploni. Yaakov was mispallel that after Korach did what he did, noone should say "of course Korach did that, he is Yaakov's great great grandson".
Summer Schedule
I know they tell you that Torah is never on vacation. However, my chaburah is offically on summer hiatus. Being that we go upstate for the summer, I will not be home on Shabbos until after Labor Day. Being that I don't have a chaburah to type up, I don't know how much I will blog. I will make some attempt to post stuff but I make no promises.
Enjoy your summer.
Enjoy your summer.
Subscribe to:
Posts (Atom)
