Bava Basra

Bava Basra 21a: Denying a rabbi one of his privileges

Bava Basra 21a: If a new children’s rebbe comes to town who can teach better than the current rebbe, we fire the current rebbe and replace him with the new one.

Rema Yoreh Deah 245:22: This is only true of a children’s rebbe, but if someone has a chazaka to be the rav of a town, and a greater rav moves in, we do not replace him.

בבא בתרא כא ע”א: ואמר רבא: האי מקרי ינוקי דגריס, ואיכא אחרינא דגריס טפי מיניה ־ לא מסלקינן ליה, דלמא אתי לאיתרשולי. רב דימי מנהרדעא אמר: כ״ש דגריס טפי, קנאת סופרים תרבה חכמה.

יו”ד רמ”ה, כב ברמ”א: מי שהוחזק לרב בעיר אפילו החזיק בעצמו באיזה שררה אין להורידו מגדולתו אע״פ שבא לשם אחר גדול ממנו (ריב״ש סימן רע״א).

In 1966, Harav Moshe Feinstein received a shailah from Yitzchak Pfizer, the president of Young Israel of Oceanside. The custom in that shul was that anyone getting an aliyah on Shabbos or Yom Tov morning would walk down from the bima, go to the rabbi’s seat and get a bracha of yasher koach from the rabbi. But there were a few people who didn’t like this custom and decided to go straight to their seats after their aliyah, because they didn’t approve of the rabbi or didn’t feel he was deserving of such an honor. The shul president asked Reb Moshe what to do about these individuals.

Reb Moshe responded that it is forbidden to discontinue such a custom without permission from the rabbi, and as long as the custom is in effect, no one may violate it. It’s like a monetary obligation that everyone in the kehilah has accepted upon themselves.

As proof, he brings the Yerushalmi at the end of Horayos (19b), cited by the Gra in his comment on Yoreh Deah 245:22 (number 37 in the Gra’s comments). The Yerushalmi says that there were two families, the family of Bar Hoshia and the family of Bar Pazi, who used to go and greet the Nasi every day. The Bar Hoshia family went in first because they were more respectable. Then the Bar Pazi family married into the Nasi’s family, and they felt that from now on, they should go first. They came and they asked Rav Ami what to do. Rav Ami replied based on a pasuk (Shemos 26:30), “And you shall erect the Mishkan according to its law.” Is there then a law for wood? – This means that a board that was placed on the north side should always be placed on the north side, and a board that was placed on the south side should always be placed on the south side. In the same way, the family who was accustomed to be the first to greet the Nasi retains that right as a chazaka.

This relates to the Rema in that same place, who says that when someone has a chazaka to be the rav of a town, the kehilah may not fire him (unless he was hired on contract for a specific amount of time), even if a greater rabbi comes to town. Rav Moshe viewed denial of a privilege to the rav as if it were a partial firing of the rav, taking away something that he has a chazaka to receive. Besides, even a regular local custom should not be violated, and certainly not this one, which involves respect for the rav and, by extension, respect for all talmidei chachomim and Torah learners.

Therefore, Reb Moshe ruled that those individuals who refused to comply with the custom are not allowed to receive an aliyah. He ended with his hopes that when everyone acts according to halacha, there should be peace in Oceanside.

Source: Igros Moshe YD 2:99

Bava Basra

Bava Basra 8b: Diverting tzedaka money to a different cause

Bava Basra 8b: The people of the town are allowed to switch funds from kuppah (for the local poor) to tamchuy (for all the poor in the world) and vice versa, or to divert the funds to whatever cause they want.

Shulchan Aruch Yoreh Deah 256:4: The people of the town are allowed to switch funds from kuppah (for the local poor) to tamchuy (for all the poor in the world) and vice versa, or to divert the funds to any public need that they choose, even though they did not stipulate such at the time they collected it. And if there is a great rabbi in the city and all charity is collected subject to his discretion, and he distributes it to the poor as he sees fit, then he can divert the money to any public need as he sees fit.

בבא בתרא ח ע”ב: ורשאים בני העיר לעשות קופה תמחוי ותמחוי קופה, ולשנותה לכל מה שירצו.

שולחן ערוך יורה דעה רנ”ו ס”ד: רשאים בני העיר לעשות קופה תמחוי ותמחוי קופה ולשנותם לכל מה שירצו מצרכי צבור ואע״פ שלא התנו כן בשעה שגבו ואם היה במדינה חכם גדול שהכל גובים על דעתו והוא יחלק לעניים כפי מה שיראה ה״ז יכול לשנותו לכל מה שיראה לו מצרכי צבור.

The Beserminer Rav, Rabbi Yitzchok Isaac Lieberman zt”l, lived in Chicago starting in the 1940’s, and he begged the Satmar Rebbe many times to spend a Shabbos in Chicago to give encouragement to the local Jews and influence them spiritually. The Rebbe’s gabboim told the Beserminer Rav that undertaking such a difficult trip, which would involve a long train ride, would be very taxing on the Rebbe’s already busy schedule. But if the visit could bring in at least $5,000 for the Yitav Lev yeshiva in Jerusalem, established by the Rebbe for young Holocaust survivors – the Rebbe would go. Running this yeshiva had already brought the Rebbe deep into debt.

The Beserminer Rav replied that he would make sure to raise the $5,000. At the beginning of 5708 (October 1947), right after the Yamim Tovim, the Rebbe traveled to Chicago, where the local Jews spent an uplifting Shabbos with him. After Shabbos, a dinner was held to benefit the Yitav Lev yeshiva, and the Beserminer Rav worked hard to collect the entire sum needed.

Before the Rebbe returned, the rabbonim of Chicago came to bid him farewell, and they discussed the state of the Jewish community. When the subject of the mikvah came up, they told the Rebbe that the mikvah needed repair, but there was no money to do the repair.

The Rebbe went right away to see the mikvah for himself, and indeed it did not comply with one of the stringencies that he kept. He asked the rabbonim why they couldn’t make the change, and they replied that fixing it would require digging down to the foundations, a major expense that was beyond their capabilities. The Rebbe asked how much it would cost to do the work, and they estimated $5,000. The Rebbe didn’t think twice; he took out the entire sum he had raised in Chicago to pay off some of his debts on the Yitav Lev yeshiva, and gave it to the rabbonim to use for the mikvah… Understandably, this made a big impression on the rabbonim, and they quickly moved to get the mikvah fixed.

The Rebbe later wrote to the Beserminer Rav, “Thank you for bringing me to Chicago to fix the mikvah and make it compliant with the highest standards. I will always be grateful to you in this world and the next.”

Source: Sefer Mayim Chaim, by Shmuel Shloime Teller

Bava Basra

Bava Basra 111a: Think Before You Ask

Bava Basra 111a: Rabbi Yehuda Nesiah asked Rabbi Yannai: From where do we derive that a son takes precedence over a daughter in inheriting their mother’s property? He replied: The Torah says, “Any daughter who inherits property from tribes” – this equates the tribe of the mother with the tribe of the father. Just as when inheriting from a father, the son precedes the daughter, so too when inheriting from a mother, the son precedes the daughter. Rabbi Yehuda Nesiah asked: If so, perhaps the firstborn son should take a double portion of his mother’s property, just as he takes a double portion of his father’s. Rabbi Yannai said to his servant, who was leading him, “Pull me away – this man doesn’t want to learn.”

בבא בתרא קיא ע”א: בעא מיניה: מנין לבן שקודם לבת בנכסי האם? אמר ליה, דכתיב: מטות, מקיש מטה האם למטה האב, מה מטה האב ־ בן קודם לבת, אף מטה האם ־ בן קודם לבת. א״ל: אי מה מטה האב ־ בכור נוטל פי שנים, אף מטה האם ־ בכור נוטל פי שנים. אמר ליה לשמעיה: גוד, לית דין צבי למילף.

Reb Elchonon Wasserman, in Kovetz Shiurim on this Gemara, gives two possible approaches.

  1. “This man doesn’t want to learn” from me, because he surely knows the answer already, and is just troubling me with unnecessary questions.
  2. “This man doesn’t want to learn” on his own. He genuinely doesn’t know the answer, but if he were to work at it himself, he would figure it out, as Chazal say, “If a person claims he did not work hard and yet understands the Torah, do not believe him.” Understanding the Torah always takes work. Out of laziness, he is asking me.

Reb Elchonon prefers the second approach. Indeed, in his own learning Reb Elchonon exemplified this trait. When learning in Telshe under Reb Shimon Shkop, Reb Elchonon did not burden his rebbe with ordinary, simple questions. First he would seek to follow the implications of every explanation to its very end, in order to understand the plain meaning of the text in depth, not merely superficially. He would never submit a question to Reb Shimon before having pondered at length himself and failed to find the answer.

And that was quite often. Rebbetzin Shkop related later: “All the Telshe yeshiva bochurim who were attached to Reb Shimon and would come to the house at all odd times caused me distress, but I suffered most from the Boisker (Reb Elchonon) who would not leave him, and even would come and ask questions when Reb Shimon was resting.”

Source:  Reb Elchonon (Artscroll), p. 27

[What is fascinating is that immediately after this story, the Gemara tells of three Amoraim – Abaye, Rav Nachman bar Yitzchok, and Rava – who try to answer the question. The first two answers are refuted and only Rava’s answer stands. It seems the answer was not so obvious after all! Clearly the Gemara wants to demonstrate just how far one must go with his own reasoning to answer a question before presenting it to his rebbe.]

Bava Basra

Bava Basra 21a: Good jealousy and bad jealousy

Bava Basra 21a: Jealousy of scholars leads to more scholarship.

בבא בתרא כא ע”א: קנאת סופרים תרבה חכמה

A couple once came to Rabbi Shmuel Berenbaum with a question: the wife wanted to buy an expensive luxury car, but the husband was worried that this might give rise to jealousy and ayin hara. Reb Shmuel lifted his eyes from the sefer he was learning and asked the man a seemingly unrelated question, “Do you already know Nashim and Nezikin?” “The rosh yeshiva sees that I don’t sit and learn all day,” the man replied. “Do you know at least one masechta well?” asked Reb Shmuel. “No,” said the man softly. “Do you know at least one daf Gemara by heart?” The man lowered his eyes and admitted, “Unfortunately, although I try to be kovea itim for Torah, I don’t learn it well enough to know the Gemara by heart.” “If so,” Reb Shmuel said, “you have nothing to worry about. You can buy the car – no one has anything to be jealous of you for.”

[We know that there are two types of jealousy: jealousy of physical possessions, which is wrong and may cause ayin hara, and jealousy of someone else’s Torah accomplishments, which is good and admirable, as our Gemara says, and will not lead to ayin hara. In this story, it seems that Reb Shmuel was not afraid of jealousy of the first kind – he assumed people are above that level. But what if the man had replied that he was a talmid chacham who knew Shas? Why then would Reb Shmuel have told him not to buy the car? If people are above jealousy of a car, why would they suddenly be jealous of it if he knew Shas? And if people would be jealous of him for knowing Shas, then good – קנאת סופרים תרבה חכמה!

The answer, explained Rabbi Elya Boruch Finkel (Mishulchan R’ Eliyahu Boruch, Parshas Vayikra) is that there is a third type of jealousy: jealousy of another person’s Torah accomplishments or mitzvos that he was able to do because Hashem granted him more money or a better mind. This, says the Ibn Ezra, is why the Torah says that the middle level of a קרבן עולה ויורד is to bring both a chatas and an olah – unlike the wealthy man, who brings only a chatas. The olah is to atone for the sinner’s thoughts of envy toward the wealthy sinner, who has the means to bring a nicer korban. But why wasn’t he envious of his possessions until now? The answer is that we don’t assume he is on such a low level. It doesn’t bother him that someone else has a nicer house or car. But it does bother him that he has a nicer korban.

Reb Shmuel’s point was that it’s good to be jealous of someone for knowing Shas, because that will motivate you to learn better. But if you see a man driving a luxury car who knows Shas, you might think, “The only reason he has time to sit and learn so much is because he has money. If I had money I would also become a talmid chacham.” That is the wrong kind of jealousy, the kind that might cause ayin hara.]