Behar 5782
Rabbi Reisman – Parshas Behar 5782
As we prepare on this Lag B’omer day for Shabbos Parshas Behar and marching towards Mattan Torah. Rav Gedalya Schorr has an important Yesod that the 49 days of Sefira are divided into three groups. The first, second and third thirds of the Sefira are the three Amudim Sh’behem Nivra Ha’olam. The Amud Torah, Avodah and Chesed are the three Amudim. The first third which includes Pesach is the Amud of Avodah as there are Korbanos in the Beis Hamikdash, the second third which includes Pesach Sheini is the time of Chesed. The biggest Chesed is that Hashem gave a second chance to those who didn’t bring the Korban Pesach. The third third which begins on Lag B’omer is Torah. Torah, Avodah and Gemilus Chasadim.
Rabbi Akiva’s Talmidim didn’t die in the third third. The Zechus of Torah that they certainly had. Rabbi Yochanan Ben Zakkai was the Sar of Toras Hakabbalah. Therefore, the third third is the time to work on our Cheilek in Torah and naturally that means that for these 16 days leading up to Shavuos we should be preparing for Shavuos with a Cheishek Gadol by increasing our learning and being honest to our Sedarim and of course by devoting Thursday night to a time of extra Limud, extra devotion to Limud Hatorah as we approach the Chag Hashavuos.
1 - Topic – A thought on Shemitta
On Parshas Behar let me share with you a Pilpula D’oraissa that has to do with Shemitta. Of course this is the Shemitta year and Parshas Behar begins with Shemitta so naturally we would start with a Dvar Halacha. This comes from the Minchos Shlomo, Rav Shlomo Zalman Auerbach Cheilek Aleph, Teshuva Mem Daled and this is the piece that I would like to share with you.
The Nidon that Rav Shlomo Zalman deals with is whether a person is allowed to buy produce (fruits) from someone who relies on a Heter Mechirah in Eretz Yisrael. As you know, the Rabbanut in Eretz Yisrael relies on a Heter Mechirah to sell the land to non-Jews and then to grow crops. It is a Heter that is questionable as a lot of Gedolei Yisrael held that it doesn’t work. The question is if someone else relied on his Rav and did the Heter Mechirah whether there is any downside in me buying from him once the Peiros have been harvested and he did business with them, whether there is any problem with me using those Peiros or not. This is the Nidon and Rav Shlomo Zalman deals with a few aspects of it.
Rav Moshe in the first volume of Orach Chaim (page Shin Yud Tes in Siman Kuf Pei Vav) deals with it in regards to buying an Esrog if someone relied on the Heter Mechirah. The primary issue is #1 whether Ne’evad is Assur. B’dieved once land has been worked if it is Shelo K’din on Shemitta, does the produce become Assur and that Rav Moshe shows and I think the Poskim generally hold that we Pasken that the produce is not Ne’sar. Ne’evad is not Assur.
The question now is what about doing Sechora with the Issur because the Posuk says (לָכֶם, לְאָכְלָה) and the Gemara in Avodah Zora 62a (5 lines from the bottom) Darshuns (לאכלה ולא לסחורה). You are not allowed to do business with Peiros Sheviis. So the question becomes this, if I don’t hold of the Heter Mechirah, am I violating the Issur by purchasing from the Yid the Peiros of Sheviis by relying on those doing the Heter Mechira?
Rav Shlomo Zalman brings a Chiddush. That the Issur Sechora of Peiros Sheviis is an Issur on the seller and not on the buyer. In other words, the Issur Sechora is not a Maiseh of buying that is Assur it is having a business that is Assur. The Issur Sechora goes on the seller only and he is relying on his Heter and if I go and buy it from him there is no Issur Sechora on the purchases. So what is happening is there is an Issur D’oraissa of (לאכלה ולא לסחורה), I don’t want to rely on the Heter Mechira, Rav Shlomo Zalman is telling me a Chiddush Gadol that the Issur Sechora doesn’t apply to the buyer only to the seller. What about Lifnei Iver? He deals with it. But as far as the Issur Sechora this is his Chiddush (לאכלה ולא לסחורה) is only on the seller and not on the buyer.
What is the Makar, what is the source for this? I would like to share with you a Yesod which those of you who were in Shiur certainly bumped into it at one point or another. It is a Machlokes that I love to discuss in Shiur, a very Geshmake Machlokes between the Noda B’yehuda and his Mechutan Rav Yitzchok Halevi Horowitz who I believe is the author of the Yad Hamelech and they had the following Machlokes. It is a Geshmake case.
(Ed. Note: The Simanim in the Node B’yehuda seem to be in Even Ha’ezer, Cheilek Beis, Mahadura Kamma, Siman Ayin Hei on page Kuf Zayin and Siman Ayin Vav on page Kuf Yud Aleph) A woman refused to accept a Get. 10 years went by and she refused to accept it. It was a reverse case of unfortunately the Agunos we know that the men refuse to give, here she refused to accept it. The man decided that he was going to force her to take the Get. You are not strong enough to force her to take the Get, so he hired some strong handed people and he paid them to go and force her to take the Get. They forced her to take it and they stuffed the Get into her clothing in between her blouse and her back, and however that works, that was the Nesinas HaGet. What is the Shaila? The Shaila is there is a Cheirem D’rabbeinu Gershom against giving a woman a Get against her will. It is an Aveira to give a Get against her will. However, Rabbeinu Gershom said you are not allowed to do it but once it is done it is Chal. Okay, so it is done. The Tumul was Ain Shaliach B’dvar Aveira. If the husband himself had forced her to take the Get so he did something wrong when he forced her but the Get once it is given is Chal. Here the husband took other people to be a Shaliach to give the Get and Ain Shaliach B’dvar Aveira. So the question is whether it is a valid Get. This becomes a Yesodosdika Machlokes.
The Yad Hamelech held Ain Shaliach B’dvar Aveira means that the punishment goes on the person who did it and not on the one who sent him. But it doesn’t affect the validity of the Get. Once the Get is given it is a good Get. Ain Shaliach B’dvar Aveira doesn’t affect the validity. If someone sends someone to buy something on Shabbos, Ain Shaliach B’dvar Aveira it is his Onesh. What he bought for me is it mine? Yes. The Chalos is Chal.
The Node B’yehuda said it is not true. Ain Shaliach B’dvar Aveira means that the whole Shelichus is Bateil. That not only is the Aveira not attributed to the sender, meaning it the Shaliach’s Aveira, but the Chalos is also not Chal. You don’t become the owner. If someone sends someone to buy something on Shabbos and he buys it, it belongs to the Shaliach it doesn’t belong to the one who sent him. The Chalos is not Chal. This was the dispute between the Yad Hamelech and the Node B’yehuda. Rov Achronim hold like the Node B’yehuda that Ain Shaliach B’dvar Aveira is Mevateil the Shelichus. There are some who hold like the Yad Hamelech that Ain Shaliach B’dvar Aveira is just a Din in who gets the Aveira but the Chalos is Chal. What in the world does this have to do with Shemittah?
The Yad Hamelech said I can prove my Shittah. There is a case in Masechtes Kiddushin where a man was Mekadeish 5 women with fruit from the Shemittah year and it says that it is Chal. How can you give it to 5 women? It says that the 5 women made one Shaliach and he gave them the Peiros Sheviis and the Mishnah talks about it that it is Chal. Shma Mina many Dinim, and whatever the Sugyos HaGemara is, but the case that 5 women made one Shaliach and a man took Peiros Sheviis and was Mekadeish all 5 of them by giving them to the Shaliach.
Says the Yad Hamelech Ain Shaliach B’dvar Aveira. You are not allowed to do Sechora with Peiros Sheviis. You are not allowed to be Mekadiesh an Isha with Peiros Sheviis. Zagt the Yad Hamelech that it is a Raya that when Ain Shaliach B’dvar Aveira the Chalos is Chal.
Says the Noda B’yehuda that this is incorrect. The Issur Sechora is only on the one doing business with it on the buying it, on the one getting it there is no Issur Sechora. So Mimeila for the 5 women to this woman it is not a case of Ain Shaliach B’dvar Aveira as it is not an Aveira for the buyer, and Mimeila your Raya is Bateil.
And so, what did I tell you in this long Dvar Torah. 1) Reminding you of the Yesodosdika Machlokes of Ain Shaliach B’dvar Aveira, 2) Pshat in the Issur Sechora on Shemittah and the Issur Sechora is not on the buyer and only on the seller. There are other Nekudos to discuss but this is the Nekuda of the Minchas Shlomo.
2 – Topic – A Thought from Rav Chaim Kanievsky
Rav Chaim Kanievsky in Taima Dikra constantly Darshuns Malei and Choseir. Explains when the Torah spells a word Malei or Choseir, the depth of it. In previous years (Parshas Behar 5774 and Parshas Ki Savo 5776) I have told you about a Diyuk on Yovel which is spelled in this week’s Parsha sometimes Malei and sometimes Choseir (page Kuf Nun Aleph).
Today I want to tell you what he says about the following. (Page Kuf Nun on Posuk 21). It says the word (שְּׁבִיעִת), (שְּׁמִינִת) or (תְּשִׁיעִת) the 7th, 8th or 9th year is always spelled without a Yud before the Saf. That is called Choseir. (שְּׁמִינִת) the letter before the Saf is a Nun, it is a Chirik that should be a Malei and the Yud is missing. The same thing by (שְּׁבִיעִת) should have a Yud before the Saf and it is missing. The same thing with (תְּשִׁיעִת). The word (שִּׁשִּׁית) the 6th year is spelled Malei. It has a Yud before the Saf. Why is this?
Zagt Rav Chaim Kanievsky, to symbolize to us that the (שָּׁנָה הַשִּׁשִּׁית) is Malei. (וְצִוִּיתִי אֶת-בִּרְכָתִי לָכֶם, בַּשָּׁנָה הַשִּׁשִּׁית). It is sending a Remez, a message that the (שָּׁנָה הַשִּׁשִּׁית) is going to be the special Malei year and that is Merumaz in this really beautiful Remez. It depends how you learn a Parsha. If you learn a Parsha the right way you see the Gadlus in it.
3 – Topic – Koach Hatefilla
A quick thought that I heard that is not related to the Parsha but is related to the Koach Hatefilla. How it is that in a lifetime sometimes a person Lo Aleinu has a Tzara and he Davens all his life and he feels that Hashem is not answering his Tefillos. He cries for something and it takes a long time to be answered. It could be that those Tefillos are his legacy. How so?
I heard this beautiful Vort I don’t remember B’sheim Hu. Leah cried to be able to marry Yaakov. The Posuk tells us in Beraishis 29:17 (וְעֵינֵי לֵאָה, רַכּוֹת). Leah cried it doesn’t say for how long. She Davened and wept to be able to marry Yaakov Avinu. She never cried for children because as it says in 49:3 (רֵאשִׁית אוֹנִי) as soon as she got married she had children. So she wept for her Shidduch and never wept for children.
Rachel on the other hand never wept for the Shidduch because it was understood that she would marry Yaakov. However, she cried for children. She wept and Davened to have children. The Koach Hatefila is so great that L’netzach Netzachim, forever, Leah is with Yaakov in Meoras Hamachpeila and not Rachel. Leah wept in her lifetime and was Zoche to it for eternity to be with Yaakov.
On the other hand, Rachel who wept for children, it says in Yirmiya 31:14 (רָחֵל, מְבַכָּה עַל-בָּנֶיהָ). Rachel for eternity is buried in a place where Klal Yisrael comes to weep and Klal Yisrael comes to Daven. Rachel is the Aim of all the Imahos. Is the most (מְבַכָּה עַל-בָּנֶיהָ). What a person Davens for could be his legacy for eternity.
So when you Daven for something and you feel like you have to Daven again and again and it is very difficult, just know that it could be that those Tefillos are what you are going take with you as your eternal legacy. A legacy not of a fame of Olam Hazeh, but in the meaning of the Ruchnios world. Koach Hatefilla, don’t give up and always Daven.
And with that, may HKB”H give us all a wonderful Shabbos. You have such a beautiful Vort, you have a Diyuk on the Peskuim and then a nice Shtikl Torah. Ready to go to Shabbos. A Gevaldige Shabbos to one and all!