Pesachim

Pesachim 50b: Paskening when the shailah is no longer relevant

Pesachim 50b: If one goes from a place where they work on Erev Pesach morning to a place where they do not work, or vice versa, he must follow the stringencies of both places.

Shulchan Aruch Orach Chaim 496:3: Residents of Eretz Yisroel who came to Chutz Laaretz are forbidden to do work on Yom Tov Sheini when in a city, even if they intend to return.

פסחים נ ע”ב: ההולך ממקום שעושין למקום שאין עושין או ממקום שאין עושין למקום שעושין נותנין עליו חומרי מקום שיצא משם וחומרי מקום שהלך לשם.

שו”ע או”ח תצ”ו ס”ג: בני ארץ ישראל שבאו לחוצה לארץ אסורים לעשות מלאכה ביום טוב שני בישוב אפילו דעתו לחזור.

A man from Eretz Yisroel who was staying in Antwerp for Yom Tov came over to Rav Chaim Kreiswrith and asked, “I just put on tefillin on Yom Tov Sheini. Was that correct?” Rav Kreiswirth refused to answer, saying, “I don’t answer questions about something that was already done. Siyata dishmaya is given to a posek only on questions that are relevant to someone’s future actions.”

Source: Mayim Chaim, p. 173

[According to the Shulchan Aruch, who holds that a Ben Eretz Yisroel keeps the Yom Tov Sheini in Chutz Laaretz only as a chumra, clearly he would be obligated to be machmir the opposite way as well, and put on tefillin.

However, the Chacham Tzvi (167) disagrees. He writes that minhag hamakom applies only in questions of halacha, where the same halacha applies in all locations, yet different communities follow different opinions. For example, the Gemara says that Eretz Yisroel and Bavel followed two different practices as to whether a certain fat is permitted. What is forbidden fat is forbidden everywhere, but certain places had a minhag to follow the opinion that considers certain fats not forbidden. If the community that considered it forbidden were to move en masse to the other location, they would continue to refrain from eating it, because the prohibition is not dependent on location. But Yom Tov Sheini is not a universal halachic question; it simply depends on whether the messengers of Beis Din reached that particular place. Therefore, people from Chutz Laaretz who are staying temporarily in Eretz Yisroel should only keep one day Yom Tov, just as they would if they had visited during the time when Beis Din sent out messengers.

According to this Chacham Tzvi, a resident of Eretz Yisroel while visiting Chutz Laaretz he must act completely like the local people, which would mean he does not put on tefillin either. Perhaps this was the question the man wanted to ask Rav Kreiswirth.]

Eiruvin

Eiruvin 55b: Building a mikvah in a quiet area

Eiruvin 55b: Those who live in huts are as if they live in graves, and regarding their daughters it is written, “Cursed is he who lies with an animal.” Why? Because they notice when their neighbors go to the mikvah.

Hagahos Ashri, quoting Agudah: Based on this, women have the custom to be discreet on the night of their immersion, and are careful not to go in a noticeable manner.

Shulchan Aruch Yoreh Deah 198:48, Rema: Some have written that a woman must be discreet on the night of her immersion, and this is indeed the custom of women, to conceal the fact that they are going to the mikvah that night, not to go noticeably or in front of others, so that people should not notice. And whoever does not do so – regarding her it says, “Cursed is he who lies with an animal.”

עירובין נה ע”ב אליעזר איש ביריא אומר: יושבי צריפין כיושבי קברים, ועל בנותיהם הוא אומר (דברים כ״ז) ארור שכב עם כל בהמה. מאי טעמא? וכו’ רבי יוחנן אמר: מפני שמרגישין זה לזה בטבילה. וכתב בהגהות אשרי שם ד”ה יושבי כו’. ונ”ל בשביל זה נהגו הנשים להיות צנועות בליל טבילתן שלא לילך במהומה, אגודה.

רמ”א יו”ד קצ”ח סמ”ח יש שכתבו שיש לאשה להיות צנועה בליל טבילתה וכן נהגו הנשים להסתיר ליל טבילתן שלא לילך במהומה או בפני הבריות שלא ירגישו בהן בני אדם ומי שאינה עושה כן נאמר עליה ארור שוכב עם בהמה.

The holy Shamloyer Rav zt”l, Rabbi Shlomo Zalman Ehrenreich, who perished Al Kiddush Hashem in the Holocaust, was one of the greatest Torah scholars of his time. He published many volumes of chiddushim, had a reputation as a fiery speaker, and taught generations of students.

It once happened that the pipes of the mikvah in Shamloy burst, causing the walls of the building to cave in. The entire mikvah needed to be rebuilt. Since the old mikvah stood on a very low spot relative to the city, and was reachable only via a long staircase, the leaders of the kehillah decided to rebuild it in a better, more accessible place.

But the Shamloyer Rav did not agree, because the new location was to be in a crowded Jewish neighborhood where everyone would see the women coming and going from the mikvah. The Rema says (198:48) that a woman must go to the mikvah discreetly, unnoticed by others in the city. Therefore, the Rav wanted the mikvah rebuilt in its old location.

One of the board members of the kehillah was a building contractor, and he argued that it would be dangerous to rebuild the mikvah in its old location. The kehillah board members were in a dilemma. On the one hand, they wanted to follow their Rav, who assured them it could be built safely in the old location, but on the other hand they feared that the contractor might be correct.

And so the rebuilding project was delayed, which pained the Rav greatly. He wanted to see the mikvah rebuilt as soon as possible.

One Shabbos afternoon, as he was saying his Pirkei Avos shiur, he came to a mishnah in the first perek which begins with the words, “He used to say…” The Rav posed the question: Why does the mishnah have to say these words?  Why can’t it just proceed directly with the quotation? 

He answered this based on the Gemara in Sotah 5a, which says that a Torah scholar should have a small measure of pride – an eighth of an eighth. Why? Isn’t arrogance a bad character trait? The Vilna Gaon explains that the Gemara is alluding to the eighth posuk in the eighth parsha of the Torah, in which Yaakov Avinu says, “I have become smaller due to all the kindness and truth You have shown Your servant.” Yaakov Avinu was implying that he did indeed have past merits, but Hashem had already rewarded him for them. 

Usually, the Shamloyer Rav continued, a person reaches humility by comparing himself with others who are greater than him. But talmidei chachomim and tzaddikim can reach humility in a different way: by comparing their current selves to their old selves. They should recall with pride their younger years, when they used to learn so diligently and daven with kavanah, but then think, “Today I’m older and weaker; I’m not as great as I once was.”

And that brings us to the explanation of our mishnah: “He used to say.” Just as Yaakov Avinu believed he had some merits from his younger years, our Tanna, with an eighth of an eighth of pride, said that in the old days he used to say good Torah.

At this point the Shamloyer Rav raised his voice and began to speak in the fiery style for which he was so famous: “I can testify that once upon a time, I was a true yerei shomayim. I learned Torah day and night.   On many nights, I stayed up learning Torah all night long. Without a doubt, I have some reward awaiting me in Olam Haba.  Everyone knows that the reward for learning Torah is tremendous. For the little that I learn nowadays, I don’t think I will deserve any reward. But in the old days when I was young, I learned with all my strength and for that I deserve some reward.

“And I announce here publicly that I give up my entire reward to anyone who can pay to rebuild the mikvah in its old location, as I want it, so that it should be a place of privacy and tznius!”

The audience was shocked to hear these intense words, spoken in all seriousness, coming out of his holy mouth. The next morning, Mr. Avraham Lauber came to the Rav and said, “I take you up on your offer. I am ready to pay for the entire mikvah in exchange for the Rav’s reward in Olam Haba.”

The Rav’s face shone with happiness. With tears running down his cheeks, he shook hands with Mr. Lauber, and said to him clearly: “I hereby give you my share in Olam Haba, my reward for the Torah that I learned in my young years, as a complete and irreversible gift.”

With the money donated, the Rav hired a new contractor from Grossvardein, who was able to build the mikvah in its old location.

Source: Even Shleimah, v. 1, Toldos Rabbeinu

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