Yoma 47-53 יומא מ“ז-נ“ג
From the Desk of Rabbi Yaakov Fisch
Our Daf Yomi studies has some interesting topics unrelated to the Yom Kippur Service. One topic is actually the central topic of this weeks parsha and the appreciation (or lack thereof) of the Jewish People for the Land of Israel. The Gemara goes so far as to say that when the Jewish People left the Land of Israel after the destruction of the first Beis Hamikdash, the Land lay desolate and bare. It is interesting to note that Mark Twain visited Israel in 1867 and wrote about his travels in his book Innocents Abroad. Twain lamented about the deplorable state that he found the Land of Israel in. These are some of his words: “The further we went the hotter the sun got, and the more rocky and bare, repulsive and dreary the landscape became…There was hardly a tree or a shrub anywhere. Even the olive and the cactus, those fast friends of a worthless soil, had almost deserted the country”. The statement reflects his general attitude to the ancient Land throughout his journey. It is quite clear that as the Jewish People began to return to their ancient homeland over the last century, the actual Land has resumed growing in all sectors, including agricultural and natural resources. It seems that the Land was waiting for its people to return home.
Have a Peaceful Shabbos,
Rabbi Yaakov Fisch
Yoma 47
The Gemara relates the story about a famous woman named Kimchis, who was known for her modesty. She was also known for having seven sons who served as Kohen Gadol. When she was inquired about why she merited to have seven sons achieve such remarkable achievements, she attributed it to her modesty. She specifically said that she did not leave her hair uncovered even in the privacy of her home. The Gemara concludes that many women attempted to follow this practice of Kimchis but were not successful in their goal to have such righteous children. One can ask what was so unique about what Kimchis did in that many women attempted to imitate her practice but with no success? This underscores an essential lesson in modesty. There is a lot more to modesty than just covering parts of one’s body.
The prophet Micha refers to modesty as וְהַצְנֵעַ לֶכֶת עִם־אֱלֹקיךָ or humbly walking with G-d. The ultimate goal of modesty is for this value to become internalized within the essence of his or self. It is a refinement of character that allows a person to walk humbly with G-d. An important manifestation of this value is for an individual to dress in a modest fashion consistent with Halacha. However, that is just a part of a person embracing the internal value of being a צנוע. Perhaps, the reason many women were unsuccessful in replicating the success of Kimchis is that they merely imitated the external practice without internalizing the values.
Yoma 48
Rav Papa raises a question about the role of the hechsher mitzvah. This is defined as an act in preparation for the Mitzvah. In this case, Rav Papa is asking if the intent that would disqualify the performance of the Mitzvah — would that intent disqualify the hechsher mitzvah? This sheds light on the role of hechsher mitzvah and does it carry the weight of the actual Mitzvah in any regard. For example, the Shulchan Aruch in Ch. 641:1 states that one does not recite a bracha when building a sukkah. The act of constructing a Sukkah is a hechsher mitzvah for the actual Mitzvah of dwelling in a sukkah. The reason for not making a bracha is because it is merely preparing for the Mitzvah and not completing the Mitzvah by constructing it. Another issue the Shulchan Aruch discusses is whether a Shechyanu is warranted for the hechsher mitzvah of building a Sukkah.
(I suppose that one could make the argument that this may apply to other instances of hechsher mitzvah. ) He says technically one would make a Shechyanu when constructing a Sukkah but the Shechyanu covers that requirement during the kiddush. These are the words of the Shulchan Aruch: הָעוֹשֶׂה סֻכָּה, בֵּין לְעַצְמוֹ בֵּין לְאַחֵר, אֵינוֹ מְבָרֵךְ עַל עֲשִׂיָּתָהּ אֲבָל שֶׁהֶחֱיָנוּ הָיָה רָאוּי לְבָרֵךְ כְּשֶׁעוֹשֶׂה אוֹתָהּ לְעַצְמוֹ, אֶלָּא שֶׁאָנוּ סוֹמְכִים עַל זְמַן שֶׁאָנוּ אוֹמְרִים עַל הַכּוֹס שֶׁל קִדּוּש. These are the words of the Taz explaining the Psak: בפרק התכלת מסקינן כל מצוה שבעשייתה היא גמר מצוה כגון מילה אע”ג שכשרה אם עשאה עכו”ם אפ”ה אם עשאה ישראל צריך לברך על עשייתה אבל מצוה שאין עשייתה גמר המצוה כגון תפילין אע”ג דפסול בעכו”ם בישראל א”צ לברך וא”כ כ”ש בסוכה שאין עשייתה גמר מצוה שהרי צריך לישב בה והי’ כשרה ע”י עכו”ם שהרי סוכת גנב”ך כשירה ודאי א”צ לברך הישראל אם הוא עשה הסוכה:
Yoma 49
The Gemara quotes a Mishna that teaches about the appropriate consumption of foods and beverages containing nutrients and used for medicinal purposes. The Halachic issue is that one may not be ingesting medications on Shabbos if he is otherwise healthy or has mild discomfort. For example, one should not be ingesting vitamin C tablets on Shabbos, but what about drinking orange juice that is loaded with vitamin C? The Mishna states that one eats all foods and drinks all beverages not withstanding that they may be loaded with vitamins and nutrients. The Shulchan Aruch in Ch. 328: states that any food which is considered normal for healthy people to eat i.e., orange juice is permissible to eat and drink on Shabbos, notwithstanding that they carry health benefits. These are the words of the Shulchan Aruch:
כָּל אֳכָלִים וּמַשְׁקִים שֶׁהֵם מַאֲכַל בְּרִיאִים מֻתָּר לְאָכְלָן וְלִשְׁתּוֹתָן לִרְפוּאָה, אַף עַל פִּי שֶׁהֵם קָשִׁים לִקְצָת בְּרִיאִים וּמוּכָחָא מִלְּתָא דְּלִרְפוּאָה עָבִיד, אֲפִלּוּ הָכֵי שָׁרֵי; וְכָל שֶׁאֵינוֹ מַאֲכָל וּמַשְׁקֵה בְּרִיאִים, אָסוּר לְאָכְלוֹ וְלִשְׁתּוֹתוֹ לִרְפוּאָה. This means that if some food or beverage is almost never eaten except to be taken for laxative purposes, it would not be permitted to ingest on Shabbos. For example, it would be problematic to consume prune juice for laxative purposes but would be permitted for someone to consume the prune juice if he was thirsty.
Yoma 50
The Gemara compares and contrasts the Korban Tzibbur (communal sacrifice) with the Korban Yachid (individual sacrifice). There are aspects that exist with the Korban Tzibbur that don’t exist with the Korban Yachid. For example, the Korban Tzibbur will override Shabbos and Tumah and the Yachid does not override those situations. There is another issue that is tangentially related between something of the tzibbur (communal) and something that is of the yachid (individual). That pertains to a Tallis. If you walk into a shul and you do not have a Tallis, are you able to use the Tallis of another person without permission? The Shulchan Aruch rules in Ch. 14:4 of the Laws of Tzitizis, that it is permitted for one to use the Tallis of another person without permission. It is even permitted for him to make a blessing on the borrowed Tallis. These are the words of the Shulchan Aruch: מֻתָּר לִטֹּל טַלִּית חֲבֵרוֹ וּלְבָרֵךְ עָלֶיהָ, וּבִלְבַד שֶׁיְּקַפֵּל אוֹתָהּ אִם מְצָאָהּ מְקֻפֶּלֶת.
The Mishna Berura explains the reason is that we can assume a person would want his assets to be used for a Mitzvah. However, this would only apply if this was of occasional use. It would not be appropriate to borrow the Tallis in this manner on a regular basis. In regards to a Tallis that belongs to the shul or kehila, one would be permitted to use the Tallis if he is a member of the shul or kehila. In that case, he is considered a partner and permitted to use it. The Mishna Berura explains the reason in Ch. 581:6 of Orach Chaim that he is considered a partner if he is a member of the Kehila. These are the words of the Mishna Berura: וע”כ לא יטול אז טלית שלו ולא טלית של קהל שהוא ג”כ כשלו. If someone comes into a shul or community that he is not a member of would he be able to put the Tallis on without permission? Is that considered the equivalent of borrowing the the Tallis of an individual without permission? I will leave that question unanswered for now….
Yoma 51
The Gemara quotes a braisa regarding a tamei or ritually impure person and wasn’t able to bring the Korban Pesach in its appropriate time. As we studied in last weeks, Parsha can bring his Korban Pesach on Pesach Sheini, which is in on the fourteenth of Iyar. If the individual still is tamei at the time of Pesach Sheini, what are his options at that point? There is a dispute in the Braisa between Rabbi Yehuda and the Sages in this issue. According to the Sages, there is no recourse for the individual, and he cannot bring the Korban Pesach. Rabbi Yehuda disagrees and says that one may bring the Korban Pesach in a state of tumah or impurity on Pesach Sheini. According to Rabbi Yehuda, the rationale is that the Torah gave him a recourse to bring the Pesach on Pesach Sheini and if he cannot do it in a state of purity, he should at least be able to do it in a state of impurity. The question is, if a state of tumah precludes him from bringing the Pesach on Pesach Rishon, then why should he be able to bring it on Pesach Sheini?
I thought to suggest an unusual answer based on a famous concept of the Nesivos Shalom. There is a well-known verse in Tehilim which states סוּר מֵרָע וַעֲשֵׂה־טוֹב. The formula is that first, one must cease from all sins and only then start doing mitzvos. The problem with this approach is that who can say that they have emptied all of the spiritual skeletons out of their closet? We all must continue to work on סוּר מֵרָע. How then can anyone ever get to עֲשֵׂה־טוֹב? The Nesivos Shalom answers that the best סוּר מֵרָע is an עֲשֵׂה־טוֹב. This means instead of constantly worrying how to rid oneself of spiritual impurities, one should devote time just to be performing the spiritual good such as studying Torah, davening or performing acts of chesed. The more one performs a positive mitzvah, the more the spiritual impurities will fade. Perhaps this is what the Gemara means when it says that if one cannot perform the Pesach in a state of purity, let him perform it in a state of impurity and eventually the עֲשֵׂה־טוֹב will override his spiritual state if impurity.
Yoma 52
The Gemara cites five instances in the Torah where it is unclear from the actual context of the written Torah which section a particular word belongs. This can have specific ramifications in the understanding of the verse. Rashi explains how each verse can be understood differently depending on which part of the verse the particular word is attached. There is another useful tool in understanding which part of a possuk or verse a word belongs to: the Taamei Hamikra or trop. The trop is not merely a musical note but also quite literally the taamei or tastes of the verse. One that is familiar with the Taamei Hamikra or trop can figure out quite easily which part of the verse the word belongs to. The Shulchan Aruch and Rema in 142:1 discuss what occurs when the Baal Koreh or Torah Reader makes an error in the pronunciation or trop. In general, the Shulchan Aruch rules that any mistake, including a letter must be repeated in the correct manner. The Rema says that if one erred in reading a letter or the trop and it does not change the meaning of the word it is not required to go back and repeat. It seems clear even according to the view of the Shulchan Aruch that one would not have to repeat the word if merely the trop was incorrect. These are the words of the Shulchan Aruch: קָרָא וְטָעָה, אֲפִלּוּ בְּדִקְדּוּק אוֹת אַחַת, מַחֲזִירִין אוֹתוֹ. These are the words of the Rema: הַגָּה: וְכֵן דִּין הַחַזָּן הַקּוֹרֵא; וְדַוְקָא שִׁנּוּי שֶׁמִּשְׁתַּנֶּה עַל יְדֵי זֶה הָעִנְיָן, אֲבָל אִם טָעָה בִּנְגִינַת הַטַּעַם אוֹ בַּנִּקּוּד, אֵין מַחֲזִירִין אוֹתוֹ, אֲבָל גּוֹעֲרִין בּ
Yoma 53
The Gemara teaches us the importance of taking three steps backward. It is apparent from studying this passage that it is imperative to do so as a sign of respect as departing from an audience with G-d is not something that one should just easily walk away from. A question that can be asked is why is it necessary to take three steps backward specifically? The Beis Yosef in the beginning of Ch. 123 in the laws of Tefila offers several reasons why taking three steps are required. One reason he suggests was to remember the three mil that the Jewish People were distanced at the conclusion of the giving of the Torah at Mt. Sinai. Another reason is to commemorate the three steps that one took as he left the Mizbeach after bringing the Tamid to the Mizbeach. He also suggests that it refers to the three levels of darkness that one must transcend before gaining an audience from G-d. As it says with the Burning Bush. that Moshe had to transcend בחושך ענן וערפל to reach state of communication with G-d. Although we are not prophets, we must transcend those three steps of darkness as well before we begin the main part of our prayers.That is the reason we take three steps forward at the beginning of Shemoneh Esrei and three steps at the end of Shemoneh Esrei. These are the words of Beis Yosef. ועוד שם טעם לג’ פסיעות שלאחר התפלה כנגד ג’ מילין שרחקו ישראל מהר סיני בשעת מתן תורה ועוד נמצא בהגדה שמרע”ה נכנס בחושך ענן וערפל לפני הקב”ה וכשיצא יצא מאלו הג’ ולכך אנו עושים ג’ פסיעות ע”כ ושבלי הלקט כתב בשם הגאונים טעם לג’ פסיעות מפני שכשאדם עומד בתפלה עומד במקום קדושה ושכינה למעלה מראשו וכיון שנפטר מתפלתו צריך ג’ פסיעות לאחריו כדי שיצא ממקום קדושה ועומד במקום חול וראיה לדבר שכן הוא כיון שחוזרים לאחוריהם ג’ פסיעות נותנים שלום זה לזה כלומר עד עכשיו היינו במקום קדוש ויצאנו למקום חול עכ”ל ובשם רבינו האיי מ”כ שטעם ג’ פסיעות משום דתפלות כנגד תמידין תקנום וכשהכהן עולה למזבח עם אברי התמיד היה עולה דרך ימין ומקיף ויורד דרך שמאל ובין כבש למזבח היו שלש רובדין של אבן ויורד בהם ג’ פסיעות על עקב ואנן עושים כמו שהם היו עושים עכ”ל: וכתב ה”ר מנוח דהני ג’ פסיעות ילפינן להו מדכתיב ורגליהם רגל ישרה רגליהם תרי רגל חד