Zichronos book cover Zichronos is in print! Order your copy on Amazon
EIN YAAKOV

Eruvin 63b

Why Yehoshua Was Punished for Speaking Before Moshe

Part of Ein Yaakov · 28:22

Continues the theme of deferring to one's teacher, the halacha disqualifying a drunk person from judging, and Rava's advice to spend surplus earnings on a Sefer Torah.

Audio Transcript
Yehoshua’s Punishment for Speaking Before Moshe

last thing we said was that Rav Levi said that the reason Yehoshua didn't have any children, died without children, is a punishment because he said a vort in front of Moshe Rabbeinu. That was like almost like paskent a din in front of Moshe, and you're not allowed to pasken a din in front of your rebbi. What did he say? אדוני משה כלאם. One word he said: my master Moshe, just destroy them, when Eldad uMeidad were doing נבואה. Because of that, he says he didn't have any children. זאגט די Gemara: ופליגא דרב אבא בר פפא. This, as we just said, is against, argues with what Rav Abba bar Papa says. דאמר Rav Abba bar Papa, Rav Abba bar Papa says, some hold like that, some hold he didn't, some hold he did, some hold he didn't have any sons. So, דאמר רב אבא בר פפא לא נענש יהושע, the reason Yehoshua was punished, אלא שביטל את ישראל מפריה ורביה לילה אחת, because he held back the Yidden from פריה ורביה, from multiplying, which means he held them back from being able to have relations with their wives. And that itself is not, is bad, and for one night, and the Gemara will say how, and because of that, he was punished. What's the story? שנאמר, it says like this: ויהי בהיות יהושע ביריחו, Yehoshua was in Yericho, you know, fighting, כתיב, then it says, he

Angel Confronts Joshua About Neglecting Torah

saw a malach coming. And he asked this, he saw a malach, a strange guy, he asked him, \"Who are you? הלנו אתה אם לצרינו? Are you our, from us, on our side, or our enemies?\" ויאמר, he said, \"לא, כי אני שר צבא ה׳, I'm the שר צבא ה׳, עתה באתי.\" He saw that he came to punish him for something because he saw him with a sword, it says. What do you come with swords for? Whoever it is, come to punish. So he says, \"Yeah, and I came for, because of what happened now, כי עתה באתי.\" אמר ליה, he said like this: אמש ביטלתם תמיד של בין הערבים, a day before the מצב was, you know, in the war they didn't bring the קרבן תמיד that evening. עכשיו, now, ביטלתם תלמוד תורה. Now you were involved in milchamah, so you destroyed, you didn't learn Torah, and they're both wrong, and for that I'm coming to punish you. אמר ליה, he said: על איזה מהן באת? For which one is the worst one? Which one did you come for? אמר ליה, עתה באתי, for the last one. The last one is that they did not learn Torah. Miyad, so right away, so Yehoshua saw that if he said this, then you gotta strengthen learning Torah. So it says, וילן יהושע בלילה ההוא בתוך העמק. It says the next night he was supposed to go to war, he didn't go, he didn't go wherever he was supposed to go, and he slept over in the עמק. עמק means the the the the valleys, the tolls. ואמר רבי יוחנן, it means מלמד שלן בעומקה של הלכה. He decided, er geyt nemen tsu lernen that night. Un er nemt tsu lernen, so he didn't do anything else. And what happened because of that? Kept everybody there and kept, no, no, kept, not because of that, and he kept that the ארון did not, was not able to be take, was not taken back to the משכן in Gilgal. And gemiri, we have a הלכה שכל זמן שארון ושכינה שרויין שלא במקומן, as long as the ארון and the שכינה is not in its proper place, ישראל אסורים בתשמיש המטה, we don't have תשמיש המטה. Umemela, what comes out from here, that he, because he stayed to learn and he didn't go there so he didn't bring the ארון back to its place, because of that it was a מצב that the ארון was not in its proper place so the Yidden were אסור בתשמיש המטה. And what was it? Because he sat and learned. So we see from here that what he did was, he stopped the Yidden from having תשמיש המטה, it was his fault. Well, I guess when you're able to put it there and it's not, and he was able to. So from here we see that this was the reason why he was punished. So it's a machloket between what we said before. Before we said he was punished for something else, because he said a vort in front of Moshe. אמר רב שמואל... Huh? Yeah. And they didn't put it back to Gilgal. Right. No, no, no, because he was learning. Because he was learning, that's why they didn't finish off what they were supposed to, because he was busy learning, yeah. Yeah. Yeah, right, but now that they, he could have made it so that they should take the ארון back. Right. So, since the ארון wasn't back, you know, yeah, he sat down to learn, this is not, he shouldn't have learned, because if you learned, the ארון didn't go back, if the ארון didn't go back, then the Yidden can't have תשמיש המטה, if they can't have תשמיש המטה, then you're stopping פריה ורביה. אמר... Yeah. פריה ורביה he can't, תשמיש המטה he can't. Right, this was after that. Rashi says, ולא החזירו בערב את הארון למקומו בגלגל. So obviously the ארון was in Gilgal. The first fight was Yericho at that time. Amar Shmuel, I mean, בשמיה דרב, גדול תלמוד תורה יותר מהקרבת תמידים. So clearly here we see that

Learning Supersedes the Daily Sacrifice

learning is greater than korbanot, the korban tamid. שנאמר because it says עתה באתי. He said there are two aveirot that we did: we didn't bring the korban tamid and we didn't learn. Which one did you come for? So he says, עתה, for the one now, for learning. So we see that learning is more important than even the korban tamid. Very great important thing. Amar Rav Bruna amar Rav, Rav Bruna said in the name of רב, כל הישן בכילה שאיש ואשתו שרויין בה, anybody who is sleeping in the same tent or in the same room where a husband and a wife are sleeping, עליו הכתוב אומר, the pasuk says about him, נשי עמי תגרשון מבית תענוגיה. You're chasing out the wives of my of my people because if you're there they're not allowed to have relations. And you're stopping it, mimela you're you're doing something wrong. Amar Rav Yosef, Rav Yosef said, אפילו אשתו נדה. Even if she's a נדה, mimela she can't have relations anyway, you still can't be there. Rava אמר, what? אם אשתו נדה, תבא עליו ברכה. Forget it. If she's a נדה, it's better. Then he's going to be there and that'll protect them from having relations. וגמרא וליתא, that's not true. עד האידנא מאן נטריה? Until this guy went to sleep in that room, when she was a נדה, who protected them, who kept them away from aveirot? אלא מאי, we're not afraid of that, so then his being there doesn't help and therefore he's not allowed. And the דין is like it, shouldn't. Also tzniut? What? Committed for that reason, it's it's a tzniut thing, it's a tzniut thing because they shouldn't they shouldn't know that. Obviously, yeah. Old days. Like the אי אפשר, שאני. Amar Rav Yehuda amar Shmuel,

Wine Consumption Bars Issuing Judgments

Rav Yehuda said in the name of שמואל, כל השותה יין, רביעית יין, אל יורה. Anybody who drank a רביעית of wine should not pasak a דין. Amar Rav Nachman, so Rav Nachman said, לאו מעליא האי שמעתא. This מימרא, this דין is not nice, because it's not true! I can pasak better. No, I know. אליבא דנפשאי, I, as long as I didn't drink a רביעית of wine, ליסלוק לי דעתאי, my mind is not clear. Like coffee in the morning. Yeah. Say l'chaim. Before you pasak, you've got to say L'chaim. He says, how could you say that? אמר ליה רבא, so Rava said to him, רב נחמן, מאי טעמא אמר מר הכי? Why did you use that expression, this is not nice? הא אמר רב אחא בר רב חנינא, Rav Acha bar Rav Chanina said, מאי דכתיב, there's a pasuk, it says, ורועה זונות יאבד הון. Pshat pashut is is ורועה זונות זונות, those that that support זונות will lose all their money. But that's what he taytsh something else. The word זונות comes from two words, זו נאה, this is nice. And he said the pshat is like this: כל האומר שמועה זו נאה ושמועה זו אינה נאה, anybody says this שמועה, this din, this, uh, is nice, this one is not nice, מאבד הונה של תורה. Says lashon is יאבד הון, you lose that the tirekeit, that the preciousness, that the the Forget your Torah. Forget your Torah. If what? If you say such an expression, this is nice, this I, this is nice, this is not nice. Whatever the chachamim say, every מימרא. So he's telling him, how did you say this is what he said, לאו מעליא, it's not nice. אמר ליה, he said, הדר בי. I regret. I changed my mind, you're right. I won't say it anymore. You're implying the other one is not nice maybe. No, but now you say clearly, שמועה זו נאה, שמועה זו אינה נאה, this is nice, this is not nice. Huh? If you say something in this. Oh yeah. But the always thing is, I was once speaking, once I had in a place and I said, it was a ze'er a sheyne vort from Reb. So you have Shaul Friedman, the Rosh Yeshiva of Ohel Torah, screams out in the middle of the public, האומר שמועה זו נאה! How could you say that? What? האומר שמועה זו נאה ושמועה זו אינה נאה! How could you say, you can't say it's nice. Say, actually, sorry, talk stuff with that like, you shouldn't say it's nice. You have a, an interesante vort, a geshm(key)e vort. Because nice, I said I changed, you're right, yeah. But he screams out, האומר שמועה זו נאה! Yeah, the Gemara says, האומר שמועה זו נאה ושמועה זו אינה נאה, מאבד הון, you're not allowed to say this is nice, this is not nice. And in fact Rav Nachman said, yeah, I made a mistake, הדרנא בי, I'm changing my mind. He quoted his ears. Yeah. אמר רבה בר רב הונא, Rabbah bar Rav Huna says, שתוי אל יתפלל. A שתוי, an angetrunkener, drunk. I see, I didn't use the word drunk. An angetrunkener. Took a drink. Shouldn't daven. ואם התפלל, if he davening, תפלתו תפלה, his tefillah is a תפלה. שכור, a drunk, אל יתפלל, shouldn't daven. ואם התפלל, תפלתו תועבה, his davening is disgusting. Why is it disgusting? Pashut. Tells us for, imagine you're going to stand in front of the king, drunk. Chutzpah, אינו ראוי. Huh? פרעגט די Gemara: היכי דמי שתוי והיכי דמי שכור? What's the

Distinguishing the Drunk from the Inebriated

difference between a שתוי and a שכור? How do you divide them? Yeah, so the Gemara says, כי הא דרבי אבא בר שומנא ורב מנשיא בר ירמיה מגפתי, it tells a story that these two people הוו קמיפטרי מהדדי, They were they were together, they were leaving each other, אמעברא דנהרא יופתא, they were by the bridge of the river of יופתא. אמרי, they said, נימא מילתא דכל חד וחד מינן, let each one of us say a פסק, a הלכה, a ווארט, דלא שמיע ליה לחבריה, that the other one didn't hear. In other words, let each one tell someone else a ווארט. Why should we do that now? The גמרא, מרי בריה דרב הונא, everyone says: לא יפטר אדם מחבירו אלא מתוך דבר הלכה. When you leave your friend, you should not leave only with a הלכה, שמתוך כך זוכרהו, you'll remember. So, since they said each one should say something. פתח חד מינייהו, so one of them said, ואמר, he said like this: היכי דמי שתוי והיכי דמי שיכור? What's the example, what is the case of a שתוי? How is in English a שתוי? What do they say, שתוי? Drank, he just drank, that's it. Someone who drank. Drink. Someone who drank, and and this other one is drunk. Intoxicated. Intoxicated, yeah. Okay, so I say in Yiddish, it's like a אנגעטרונקען, und this is a a שיכור. So, what's the difference? A שתוי, כל שיכול לדבר לפני המלך. שתוי is a person that he drank, but if he stands in front of the king, he'd be able to behave, he'd know how to speak. Because you see he's not that drunk, that means that he knows that this is so important. And שיכור is כל שאינו יכול לדבר לפני המלך. He cannot stand in front of the king, and he is not going to be able to speak. שמחת תורה מלך בשדה. A king is not in his palace, so Elul, you say it's הרחבה, Tishrei is also a שדה, so a שדה doesn't care. What if his What if he has a chiyuv to davenen, he says, it's time to davenen. And he's a שיכור? You're not allowed to. תועבה. וואס מען טוט איז נאך א זאך, כ'זאג וואס שטייט דא. So, it's a to'eivah, you're not allowed to. And what do they do on Purim on Motzaei Purim? Actually, the Rema used to go around from house to house in his city in Krakow, Purim night, to make sure you don't forget to daven Maariv. But what kind of Maariv do they have? Well, they had to wait until they sober up. Make sure you shouldn't forget to daven Maariv. Yeah. Daven Maariv a little later, when they drink some coffee. This is a mashal of a melech. If a melech is בשדה, so once there is a Rashab was going on a wagon to a דאטשע, he was going to the country. And Shmuel Gurary' was with him. And Who are you talking about? The the Rashab. So, in the middle, the

Rashab’s Cigarette Offer Anecdote

Rashab took out a cigarette from his pocket, took a cigarette, and he offered him a cigarette. So, Shmuel Gurary', I mean, the Rebbe's offering him, I mean, what, is he his friend? So, he looked at him. The Rashab answered, it's melech basadeh. Yeah, so this is what the first one said. ואתא אידך ואמר, the other one opened up and said like this: Another דין, המחזיק בנכסי הגר, כיצד יעשה ויזכה בהם? If someone found property of a ger. What's a property of a ger? Because when a ger dies, everything that he owns becomes hefker. So, yeah. The only person in the world that שייך that he shouldn't have a יורש, shouldn't have an heir, everyone else has a קרוב. There's no such thing. If you don't have a son, you have a brother. If you have no brother, you have a cousin. Always next of kin, there's always. The only one that's possible is a ger. And not every ger, because could he have children. Cuz if he has children, what happens if he's a ger and didn't have children after he was מגייר? Even his wife? No, his wife a wife doesn't ירש. Wife doesn't. A husband ירש's the wife, wife doesn't ירש. She just gets her ketubah. But if that's possible, what happens if he doesn't have a wife? I'm saying, I'm dealing with this, so there's a possibility. What are we doing here with civil law that says different? In other words, how is that, that's going against, that would be going against Yeah, no problem. No problem. No problem, what? Of going against the civil law, the goyishe law. But I mean, is it, it would be the aveirah to follow the civil law as If you want to be mochel it, you give it, but if a guy claims I can't be mochel, I need mochel. Someone passed away, and I mean talking about the wife, what about the ger? We're talking about the ger. The ger passed away, not the wife. I'm talking about the ger passed away. The ger passed away, and someone else come, grab something of his. Yeah, or a family member, a family And civil law says you can't. There's no such thing as a family member. I understand, in Jewish law, there's no family member, but civil Yeah, so על פי דין, you don't have to give it back. They might take you to jail, or that's part of it, that's doing something worthless, but you can, you claim your, you take it, it's yours. You say it would be an aveirah to Not if it's against halachah. I know by דיני ממונות, like in דיני ממונות, דיני ממונות is a different din. דיני ממונות is דינא דמלכותא דינא applies, but not by ירושה. What's the exception? Cuz ירושה is חוקת משפט כתוב בה, it's like a משפט. Also when it says, המתנה על מה שכתוב בתורה, if you make a condition against what the Torah says, then the condition is no condition. When it comes to דיני ממונות, it says it is, except except not by ירושה. If a person makes a condition that ירושה should be this, you can't. ירושה is has to be. So nowadays when people want to make something of the ירושה should, they You have to work out a כשר צוואה, a כשר שטר that fits in halachah. The main נקודה is if a

Wills, Equal Inheritance, and Halachic Limits

person wants to write a שטר that all his children should should ירש'ן equally. It's against halachah. The בכור is supposed to get double, the daughters don't get anything. What about the wife? I'm just saying. The wife gets nothing, exactly. But But what if the husband wants Also, so what he has to do he should write a צוואה. In the צוואה the way you write it is that it should happen they should get their share a minute before he dies. Then it's not ירושה. Then it's a present. I was just curious if someone that doesn't that doesn't didn't prepare a צוואה and chas v'shalom passes away, So then if no one contests it in halachah, good. I don't care if you take. Does it mean the wife If if the other the children don't care if she takes, then they could hate. But if the children want they can take it out into her. Ah, who does that? Yesterday I had a call from somebody. I told them I'm not involved with צוואות, I don't know, but how to work out a צוואה. What if their father passed away and the mother then mother left a צוואה that that all the children The mother is still alive, but they were worried that she says that The father left a צוואה. It's uh no, the father died. Right. And what happened was the father no, the father left a צוואה that the wife should get everything. So the wife got everything. And then now what will happen she's an old lady, when she passes away, so she oh she also wrote a צוואה that they should all get equal, whatever's left. So she this lady called me, she says she's afraid that her brothers are going to come to Beis Din and take everything away from her. Why? Because על פי הלכה she doesn't get anything. So she they'll take away. What What can she do? So I brought up another שאלה. Is it really the wife's? Because על פי הלכה she doesn't ירש'ן neither. Because that's what she's Who's calling? No, the daughter was calling me that she's afraid when the mother will pass away this and she's going and she's not going to get a share. So the brothers will come and claim that your that they weren't even מקוים. So they said, yeah, that the mother didn't even have a right to write it no matter what. The only thing is they told me the mother was in Eretz Yisrael and the mother when the father died and the

Mother’s Inheritance and Potential Brother Dispute

mother got it, the beit din in Eretz Yisrael got the brothers to sign a צעטל. Ah, then. Okay. But she didn't know What does it say in the צעטל? I'm not sure. But if I see it they gave up their share to their mother. Because otherwise good, but in halacha if you give if they give up they give up, but otherwise it would be a problem because otherwise the mother had no right to yirshen. So really the whole time when the mother had it it belonged to the children, to who to the boys! So they're going to come and say באמת any money that she spent was not hers. But the they they'll claim that she was the that they didn't make a if she didn't they didn't make a mechilah then they claim that she that they were that he was mochel. The the boys were mochel. Oh, that's what she said. So they're mochel to the mother. They were mochel to the mother, not like they got a beit din in Eretz Yisrael How does secular law works with not צוואה, law works with It's No, there's beit din in Eretz Yisrael. You have civil law, you have beit din. There is civil law. But this went through a beit din. And the beit din got the brothers to sign and they signed a צעטל, but why so is to sign that this that they don't they're giving away the yerusha of their father they're giving away to their mother. So their mother got it. Well then once she gets it, then she can give it to whoever she wants. Mechayim, but not through yerusha. If she's going to die, Yeah. how can they get a yerusha? Oh, that. Only Only sons yirshen yirshen from a mother. But when the husband first initially gave it to the wife, oh he didn't write during his lifetime? No. It's No, he's clear davka, he made an American will. He made an American will. Yeah, and this is in Eretz Yisrael. So it came to so the rabbanim got the brothers to sign. The only change is is is to make it before uh Yeah, the way it's supposed to be it happened. There's all kinds of changes I mean you got to be a mumcheh in this. I know that the אונגארישע רבנים are all mumchim in this. By the אונגארישע No, by the אונגארישע everyone writes צוואות, it's very popular. So why does the Rema say that they should write, it's a takanah, that they should if they want to give to the daughters you write that that you owe the daughters for the services that they did for the father, that's why if they don't want to give it part of the yerusha, it's a debt that the father Yeah, but the she'eilah is how much? It's not a pashut. If he did so for a service, how much is the service? But you don't have to do it if you don't And if he leaves and he leaves a million millions of dollars, she doesn't deserve millions of dollars. Here's a שעת השפח ומציאות.

Complexities of Debt and Mechayim Rules

Well yeah, the beit din could judge, whatever, it's it's a lot of details. It's very complicated, but it's this is the קלארסטע ווארט, the קלארסטע ווארט. Because then you don't if if if it's a debt it doesn't have to be mechayim, it doesn't have to be a minute before. If it's a debt, it doesn't have to be mechayim, true. But he's mechayev himself Yeah, if if it's this, okay. That's And then I say But that's also mechayim. give her this share or else you have to pay her outright It's also that's called מחיים, no? That means he has a debt now. That's called מחיים. The she'eilah is how you word it. But the whole idea is it's not yerushah. The moment it's ירושה It falls under that category. ירושה, that's not ירושה. Anyway, but here is a different story. Here is a Here he's giving a different sevara. He's saying if someone takes grabs a נכסים, possessions of a ger, which means you could become rich overnight, one second. Right? Which another means is what happens if you win the lottery, I mean, the same thing. What What should he do? כיצד יעשה ויקיימו בידו? There's going to be an ein hara. People are going to say, 'Oh, this guy became rich.' What should you do that the ein hara's טענות shouldn't be? יקח בהם ספר תורה. Who says to be averse Doesn't say, but that's the Gemara שאלה. What should he do? Buy a Sefer Torah. If you use part of the money to buy a דבר שבקדושה, a holy thing, a Sefer Torah, that's a segulah that the people's ein hara should not שאטן. You may mean winning the lotto, you do the same thing? רב ששת אומר אפילו בא לו בירושה, not only if you yarshen from the ger, we got to the ger. A husband who gets from his wife, when he marries, you know, a woman that's rich and he gets money, same thing. People are going to say, \"Oh, overnight this guy got became rich.\" He should do the same thing. רבא אומר אפילו עבד עיסקא ורווח.

Rava’s Recommendation: Allocate Earnings to a Sefer Torah

Rava says if you make good money in business, the best thing to do is use the money to buy a Sefer Torah, some of the money, and then the rest of the money will stay. רב פפא אומר, רב פפא says אפילו מצא מציאה. He found a מציאה, well, then you should do this. So the Bavli, he said, what should you do? Buy a Sefer Torah. Then רב נחמן בר יצחק אומר אפילו כתב תפילין. It doesn't mean davka a Sefer Torah. Use some of the money for a דבר שבקדושה, for a holy thing. אמר רבי יוחנן ואיתימא רבי חנינא, מאי קרא? What's the proof? Right? Is that tefillin? Yeah, is that tefillin? Obviously. כתיב, because it says, וידר ישראל נדר לה' ויאמר. It says when with the ma'aseh with the כנעני this, they said they want they wanted to protect themselves, so they davened to the Eibershter and they made a neder that they were going to give away everything to the Aibershter, in חומש פרשת חוקת. So from there we see that if you make a נדר לה', that means you give something laHashem', that will protect you the money, that will make it stay. That's good. Okay? That's an עצה טובה. That's a lot of people make ספרי תורות. Does tzedakah do that also? That's right. Yeah. Yeah. Are the rich people may write the ספר תורה, huh? Somebody else, yeah. What do you mean, it's a mitzvah? So how would what does everyone else do with the mitzvah? Only rich people have a mitzvah? Well, you heard each of the mitzvah because it cost money? Buy sefarim. And so? Borrow. Borrow to make a Why not? No, you buy sefarim. Doesn't it say so? No, the

Rosh’s View: Modern Mitzvah is Purchasing Sefarim

answer is the Rosh, the הלכה כרבנו רא\"ש. The Rosh says that nowadays the mitzvah is buying sefarim, because all the reason why you have to buy a ספר תורה is to have what to learn in. Those days it was only learning Chumash, a ספר תורה. Now we can learn all this in poskim, rishonim, acharonim, Gemara, you should buy. But the peshat the רבי has always held, everyone spoke but twice very He said the kashya is a strong kashya. It's mamash an obsession to try to say because of the Rosh it's a problem, because the רא\"ש לכאורה the mitzvah is to write a ספר תורה or have someone write it for you. So there should be a din if you yotzei with Gemara, you should have to write the Gemara, or you should have to have a shaliach somebody write for you. How are you yotzei with just buying it? Because you buy a ספר תורה Never spoke about this, by the way. בוודאי. If you buy a ספר תורה, you're not yotzei the mitzvah. Someone goes and buys a ספר תורה, not yotzei the mitzvah. Huh? Yeah, but you have to write You can't buy a finished one. You have to finish it off. If you magiah, it says, if you have a sefer Torah and there's something wrong and you magiah, you don't have to be yourself, make a shaliach. So magiah, so you fixes it. That was pasul before? Pasul before, you could. But just to buy a full-fledged sefer Torah as is and it's completely finished, complete, yeah, have something not finished. No. Not at all. Right. No. That's what I said. The

Rebbe’s Perspective on Ownership and Kashya of a Sefer Torah

Rebbe said the kashya is the very great. You can't say stam people don't do it, because גדולי ישראל didn't do it. He said we didn't see at the shnor should write should have why somebody else a sefer Torah? The tatte didn't write a sefer Torah, he said. My father didn't write a sefer Torah. Not for him. paid for him a שי\"ת sefer Torah, not not him. The Rebbe came up twice. He spoke different inyanim. So once he explained a different pshat, mamash a chiddush nifla, mamash a חידוש נפלא, that be'emet the sefer Torah belongs to the the sefer Torah of the shul belongs to the shul. Belongs to the shul. Belongs to the shul, belongs to everyone. But you're not yotzei with that, because a ספר תורה של שותפים most poskim hold you're not yotzei. So what's the pshat? When you have an aliyah, it's all yours, and it's לית בית דין מתנה עליהם. And he called it the Gemara called it לית בית דין, and he gave an example of says that of a chuppah and an etrog, it was one etrog that the כל the whole tzibbur had one etrog and everyone said it has to be yours. So when you're בענטש'ן אתרוג there, everyone gives it away to you and it becomes yours, and even if you don't say anything, it's a lechatchilah made in such a way, לית בית דין מתנה. So same thing here, so the sefer Torah becomes yours. Now, what happens to those children who were born after the Sefer Torah was written or bought by the shul? So they had no chelek in it. So he said so he says, so usually, sometimes it gets pasul, so you have to fix it. So usually, or they get another Sefer Torah. So usually most people have a shaychus to it, and when they get the aliyah, it becomes theirs, and then they're yotzei. The Rebbe said it's a shrekliche terutz. The Rebbe said, אבל מפני מפני חומר הקושיא, that's what the words are here, חומר הקושיא, the kushya is so hard, this is what I think we can answer the pshat. to the shul. I don't practice that, but everybody bought one at the shul. I know. The Rebbe writes to people also that you should. But usually, usually that you should not give it away to the shul. Right. Your mitzvah, your Sefer Torah. But nevertheless, every shul owns a Sefer Torah. Right, not yours! So here, we have, we own a Sefer Torah. Harvey's, Marshall's, yeah? Then you have, your Sefer Torah is a Sefer Torah belongs to you, belongs to him. That takeh doesn't count. It's only when it belongs to the tzibur. The Rebbe said you should not It's a letter from the Rebbe. Yeah, it's a R' Moshe writes the same thing, that when you you donate a Sefer Torah to a shul, don't donate it. You could let the shul use it and everything, but it should be yours. You know what he says, R' Moshe? Even if he never made a lechatchilah, he gave it to the shul, and he claims he didn't know this idea that you shouldn't, so I think he paskened that lemefre'a it's not the shul's, because he didn't know that this is This was the only ta'anah we had with Duchman. Remember Duchman gave a Sefer Torah to the shul? Of course he gave it away to the shul, and then later he took it away when he opened the library. So, it's it's wrong, it's wrong. אלא מאי? I told him this, that R' Moshe the Rebbe said not to give it, it's too late, he gave it away, but R' Moshe paskened that even if you gave it away, but you said you didn't know that you shouldn't, so lemefre'a you never gave it, so it'll get back to him. The

Rebbe’s Advice Against Donating Your Personal Sefer Torah

Rebbe said you shouldn't give it. Even if you write you have a shtar that you keep. Even if it's, but even if there's a shtar, anybody, okay. Anybody who gets an aliyah with it, if it's yours, they're not it's not doesn't become theirs at the time. Right. So all those people you're not mezakeh anybody. Right. If you give it away to the shul, then you are mezakeh. The Rebbe is not talking about mezakeh, he's saying it's your Sefer Torah, it's your mitzvah, you keep it. But okay, so But there should be one Sefer Torah in the shul. And if there isn't, then it would be nice if somebody... It would be nice, yeah, for sure. Very nice, but what's that got to do with... If somebody has multiple Sifrei Torah, why why not give one to the...? Yeah, yeah. But you shouldn't, if you write one Sefer Torah, you shouldn't give it away, because then you don't have any. If you write two, you should give one away. It's a good idea to give it, yeah. So anybody who didn't get an aliyah with Harvey's Sefer Torah... Every other Sefer Torah is common, right? Everyone? Okay, fine, I don't know. What do you mean? But that's what you just said. You just said that Yossi Tusman had was the only one that... I didn't say it was the only one. I don't know if it was the only one. There could be each and every... What else was there? Charleston gave it to us? You got three fellows didn't give, three fellows didn't give, and one Charleston. The other fellow didn't give. So what are the three fellows and the one Charleston? Right? Do we have three? Two small ones, a little one and a red one. A little little one and a red one. You know how many Sifrei Torah I know I own? You know how much I own? Because I'm מגיה all the time this Sefer Torah. C'mon, מגיה? Not an aliyah! What, מגיה you own? Doesn't become yours! I have two. We have plenty of not yours? All the three we have, we have one for sure, one. Harvey's, yeah, definitely, anyway. Okay, back to the ma'amar.

NEXT →
Berachos 62b
NOW PLAYING Choose a shiur to begin Rabbi Yehuda Leib Schapiro
0:00
0:00