Zichronos book cover Zichronos is in print! Order your copy on Amazon
LIKKUTEI SICHOS: VOLUME 25 - VAYESHEV

Likkutei Sichos, Vol. 25: Parshas Vayeshev II - Ish Matzliach (Part 5)

Whether a husband can be intimate with his wife while a conditional get is still pending, and why a poor metzora still has to bring a sheep.

Part of Likkutei Sichos: Volume 25 - Vayeshev · 26:46

Opens with the Gittin sugya on a get given "al tnai": can the husband be boel his wife while the thirty-day condition is still unresolved, given that either outcome would make it forbidden? Moves through the four categories of korban oleh v'yored (metzora, yoledes, and two kinds of shevuah) and a Tosafos on why an animal's limbs, but not its nesachim, can still go up on the mizbe'ach the next day. Closes with why the Torah still requires a poor metzora to bring one sheep rather than letting him substitute entirely with birds, tying it to the tzarus ayin that the sefarim say caused his tzara'as in the first place.

Audio Transcript
Can a Husband Be Intimate With His Wife While a Get Al Tnai Is Pending

And having two distinct areas where they can't cross over is generally not the proper derech in marriage. This is a, it's a, you know, we have a, we have a notion that in, where is, in Gittin? In that in which, in Gittin, right? We have in, we have in Gittin, where is that in Gittin? In that, right? Where we say that a person who, for example, makes a tenai, right? That a person who, for example, is, a person who is, for example, 诪转谞讛: 讛专讬 讝讛 讙讬讟讱 注诇 诪谞转 砖诇讗 转诇讻讬 诇讘讬转 讗讘讬讱, right? So what does he say? Like this, right? If she does not go to the house of her father 诪讻讗谉 讜注讚 砖诇砖讬诐 讬讜诐, like, until thirty days, so it's a get right away. And if she goes to the house of her father, then the get is batel. What happens if he is 讘讜注诇 her during the thirty days? Right? That's the question. So, the, like, wait a minute: if he is 讘讜注诇 her during the thirty days, and she goes to the house of her father, then she was an 讗砖转 讗讬砖, right? And if she doesn't go to the house of her father, then the get took effect 诇诪驻专注, so she was a 讙专讜砖讛! So how could he be 讘讜注诇 her? Either way it's an issur, right? Either she's an 讗砖转 讗讬砖, or she's a 讙专讜砖讛, right? Right? So, how does that work? So he goes, look, the Gemara in Gittin, 讚祝 注状讙 注诪讜讚 讗壮, right? Where the Gemara asks: 诪讗讬 讟注诪讗 讚专讘, right? What's the reason of Rav? So the Gemara says: 诪讗讬 讟注诪讗? Why? Because 拽住讘专 讛诪讙专砖 注诇 转谞讗讬 诇讗 讬讘注讜诇, right? And if he was 讘讜注诇 her, so then 拽住讘专 讻诇 讛讘讜注诇 注诇 讚注转 拽讬讚讜砖讬谉 讛专讗砖讜谞讬诐 讛讜讗 讘讜注诇, right? Right? And therefore, what? He was 诪讜讞诇 the tenai, and the get is batel, and she needs a 讙讟 砖谞讬, right? And Shmuel says: 讗讬谉 讞讜砖砖讬谉 诇砖诪讗 驻讬讬住, right? Which means what? Which means that we don't say that he was 诪讜讞诇 the tenai, and therefore the get is a get, and she doesn't need a 讙讟 砖谞讬, right? That's the machloket between Rav and Shmuel, right? Now, look at what the Gemara asks. The Gemara asks: 讜诇砖诪讜讗诇, 讛讗 拽讗 讘注讬诇? Right? According to Shmuel, how could he be bo'el her? Right? Like, wait a minute: if she doesn't go to the house of her father, then the get took effect 诇诪驻专注, so she was a gerushah! And if she does go to the house of her father, then the get is batel, so she was an eshet ish! So how could Shmuel say that he can be bo'el her? Right? How could he be bo'el her? So what does the Gemara say? The Gemara says: 砖诪讜讗诇 诇讟注诪讬讛, right? 讚讗诪专 砖诪讜讗诇: 讛诪讙专砖 注诇 转谞讗讬 讜讘注诇, 讗讬谉 讞讜砖砖讬谉 诇砖诪讗 驻讬讬住, right? But the Gemara asks: 讜讛讗 拽讗 讘注讬诇 讘讬讗转 讗讬住讜专, right? Like, isn't he having a 讘讬讗转 讗讬住讜专? How could he be bo'el her, right? So what does the Gemara say? The Gemara says, look, if he's bo'el her, so what does he hold? He holds that 讛诪讙专砖 注诇 转谞讗讬 诪讜转专 诇讘注讜诇, right? Why? Because as long as she didn't go to the house of her father, she's his wife, she's an eshet ish, right? And Rav holds 讗住讜专 诇讘注讜诇, right? Why does Rav hold 讗住讜专 诇讘注讜诇? So the Gemara gives two opinions, right? Rav Huna and Rav Nachman! Rav Huna says: 砖诪讗 讬转拽讬讬诐 讛转谞讗讬 讜拽讗 讘注讬诇 讙专讜砖转讜, right? And Rav Nachman says: 砖诪讗 诇讗 讬转拽讬讬诐 讛转谞讗讬 讜拽讗 讘注讬诇 讗砖转 讗讬砖, right? Right? But look at what they're saying! He goes, look, what are they arguing about? They're arguing about whether you're allowed to be bo'el her or not, right? The whole machloket is just: are you allowed to be bo'el her while the tenai is pending? Nobody is arguing that the get is not a get, right? The get is a get, the tenai works, and it takes effect, right? The only question is whether you're allowed to be bo'el her while it's pending, or not!

The Four Categories of Korban Oleh V'Yored

And then the Torah says that if he can't afford, he's a 讚诇, he doesn't have the kesef, so then he can bring instead of the 讻讘砖讬诐, he could bring 转讜专讬诐 or 讘谞讬 讬讜谞讛, two 转讜专讬诐 or two 讘谞讬 讬讜谞讛. Now the question is what if he does have money, but he brings 讘谞讬 讬讜谞讛, is he yotzei? Does it count or not? Or the opposite, what if he didn't have money and he brought 讻讘砖讬诐, is he yotzei? So the Mishnah, which is found in Maseches Negaim, 驻专拽 讬状讚, 诪砖谞讛 讙壮, the Mishnah deals with this question. And the Mishnah brings up a fascinating concept, and the concept goes like this: there are four, there are four groups of people that have a chiyuv to bring a korban, and their korban, depending on the status of the person, whether they're rich or whether they're poor, the korban could change. Meaning they could bring animals or they could bring birds. And what are those four? It's a metzora, and then it's a yoledes, a woman who gives birth, and then it's, and then it's 拽专讘谉 注讜诇讛 讜讬讜专讚, which is brought for one of three things: it's either 砖讘讜注转 讛注讚讜转, a person made a shevuah about testimony, or 砖讘讜注转 讘讬讟讜讬, or 讟讜诪讗转 诪拽讚砖 讜拽讚砖讬讜. So those are the four things that are 拽专讘谉 注讜诇讛 讜讬讜专讚.

Nesachim, Eivarim, and Bringing a Korban the Next Day

so that's why you're not getting into the issue of, you're not getting into the issue of of a problem of putting it on the mizbeiach. Now, Tosafos asks: why can't you bring the nesachim the next day? Tosafos says, 讜讗诐 转讗诪专, 讜诇诪讞专 谞诪讬 谞讬转讜? Why can't you bring the nesachim tomorrow? Why do we say 谞住讻讬诐 砖诇 讬讜诐 诪讘讬讗 讘诇讬诇讛, why can't you bring it lemachar? So Tosafos answers, 讜讬砖 诇讜诪专, 讚讗讬 谞转拽讚砖讜 讘讻诇讬 砖专转 谞驻住诇讜 讘诇讬谞讛. If they were already 谞转拽讚砖 讘讻诇讬 砖专转, they become 谞驻住诇 讘诇讬谞讛. Once 注诪讜讚 讛砖讞专 comes, they're 谞驻住诇 讘诇讬谞讛. 讜讗讬 诇讗 谞转拽讚砖讜 讘讻诇讬 砖专转, and if they weren't 谞转拽讚砖 讘讻诇讬 砖专转 yesterday, 讗讬谉 讻诇讬 砖专转 诪拽讚砖 讗诇讗 讘讬讜诪讜! There's a Gemara in Menachos that says, 讘讬讜诐 讛拽专讬讘讜, 讬讜诐 讛拽专讘讛 诪拽讚砖, 讜讗讬谞讜 诪拽讚砖 讘讬讜诐 砖诇讗讞专 讛拽专讘讛. A 讻诇讬 砖专转 only 诪拽讚砖 on the day of the 讛拽专讘讛, but it doesn't 诪拽讚砖 on the day after the 讛拽专讘讛. So you can't 诇拽讚砖 it today in a 讻诇讬 砖专转 for yesterday's 拽专讘谉. So therefore, the 谞住讻讬诐 cannot be brought the next day. Then Tosafot asks, 讜讗诐 转讗诪专, 讗讬讘专讬诐 谞诪讬 诇讬驻住诇讜 讘诇讬谞讛! Why aren't the 讗讬讘专讬诐 also 谞驻住诇 讘诇讬谞讛? Why can you bring the 讗讬讘专讬诐 the next day? So Tosafot answers, 讜讬砖 诇讜诪专, 讻讬讜谉 讚讛讜注诇讜 诇讗 讬专讚讜. Once they went up on the 诪讝讘讞, they don't go down. 讗讬 谞诪讬, 谞转注讻诇讜, they were already consumed. Or another terutz, Tosafot says, 讻讬讜谉 讚讞讝讜 诪讗转诪讜诇, because they were already 讞讝讬 from yesterday, they don't get 谞驻住诇 讘诇讬谞讛. Now the Gemara says: 转谞讬讗 谞诪讬 讛讻讬. We have a Baraita that says the same thing. 转谞讬讗 谞诪讬 讛讻讬: 谞住讻讬诐 讛讘讗讬诐 注诐 讛讝讘讞 讘讬讜诐, 谞住讻讬诐 砖诇 讬讜诐 诪讘讬讗 讘诇讬诇讛, 谞住讻讬诐 砖诇 诇讬诇讛 诪讘讬讗 讘讬讜诐, 讜砖诇 讬讜诐 讜砖诇 诇讬诇讛 诪讘讬讗 注讚 砖诪讜谞讛 讬诪讬诐. So the Baraita says: 谞住讻讬诐 that come with the 讝讘讞 during the day, 谞住讻讬诐 砖诇 讬讜诐 诪讘讬讗 讘诇讬诇讛, the 谞住讻讬诐 of the day you can bring at night. 讜砖诇 诇讬诇讛 诪讘讬讗 讘讬讜诐, and the 谞住讻讬诐 of the night you can bring during the day. 讜砖诇 讬讜诐 讜砖诇 诇讬诇讛 诪讘讬讗 注讚 砖诪讜谞讛 讬诪讬诐, and the 谞住讻讬诐 of the day and of the night you can bring up to eight days. So the Gemara asks: 诪讗讬 拽诪状诇? What is the Baraita coming to teach us? 转谞讬谞讗! We already learned this in our Mishnah! In our Mishnah we already learned: 谞住讻讬诐 砖诇 讬讜诐 诪讘讬讗 讘诇讬诇讛 讜砖诇 诇讬诇讛 诪讘讬讗 讘讬讜诐! So what is the Baraita adding? So the Gemara answers: 讛讗 拽诪状诇 讚讬砖 谞住讻讬诐 讘诇讬诇讛, 讜谞住讻讬诐 讛讘讗讬诐 讘驻谞讬 注爪诪谉 诪讘讬讗 注讚 砖诪讜谞讛 讬诪讬诐. It's coming to teach us two things: first of all, that 讬砖 谞住讻讬诐 讘诇讬诇讛, there are 谞住讻讬诐 at night; and secondly, that 谞住讻讬诐 讛讘讗讬诐 讘驻谞讬 注爪诪谉, you can bring them up to eight days. What does it mean, 讛讗 拽诪状诇 讚讬砖 谞住讻讬诐 讘诇讬诇讛? Rashi explains: if a person brings a 讝讘讞 at night, like an 注讜诇转 讬讜诇讚转 or an 注讜诇转 诪爪讜专注, which can be brought at night, you might have thought that you cannot bring 谞住讻讬诐 at night because 谞住讻讬诐 have to be brought by day. So 拽诪状诇 that 讬砖 谞住讻讬诐 讘诇讬诇讛, you can bring 谞住讻讬诐 at night. And what does it mean 讜谞住讻讬诐 讛讘讗讬诐 讘驻谞讬 注爪诪谉 诪讘讬讗 注讚 砖诪讜谞讛 讬诪讬诐? Rashi explains that if a person was 谞讜讚专 谞住讻讬诐, he made a neder to bring 谞住讻讬诐 on their own without a 讝讘讞, you might have thought that if he didn't bring them on that day, 注讘专 讬讜诪讜 讘讟诇 拽专讘谞讜, he can't bring them anymore. So 拽诪状诇 that he can bring them 注讚 砖诪讜谞讛 讬诪讬诐, he has up to eight days to bring those 谞住讻讬诐. Now the Gemara continues: Amar Rava: 砖诪注 诪讬谞讛, 注讜诇转 讛转诪讬讚 砖砖讞讟讛 砖诇讗 诇砖诪讛 - 讻砖专讛, 讜谞住讻讬讛 讗讬谉 拽专讬讘讬谉 注诪讛 注讚 砖转讛讗 讻砖专讛. Rava says, we can learn from this: if an 注讜诇转 讛转诪讬讚 was slaughtered 砖诇讗 诇砖诪讛, it is kasher, but its 谞住讻讬诐 are not brought with it until it is kasher. What's the taam? The pasuk says: 注讜诇转 讘拽专 讗砖专 诇注讜诇转 讛转诪讬讚. 注讜诇转 means 注讜诇讛 专讗砖讜谞讛, 讘讘拽专 means 讘讘拽专 专讗砖讜谉, 讛转诪讬讚 means 注讚 砖转讛讗 转诪讬诪讛. There the Ramban says that you can't be believed to say that it's assur. But over here, you just bought it. The meat isn't yet, there's no 讞讝拽转 讻砖专讜转 to the meat yet. You just walked into the butcher shop, you're standing in the butcher shop and he turns to you and says, \"Listen, the meat is 谞讘诇讛.\" So over there the Ramban would agree that it's assur.

Why a Poor Metzora Still Brings a Sheep

There's something very interesting which happens in this week's parashah, Parashat Tazria, which is connected to 诪爪讜专注, which is that normally when a person brings a 讞讟讗转, an 注讜诇讛 讜讬讜专讚, and they have to bring a chatas, so the Torah tells us what happens if they can't afford it: if a person can't afford sheep or a goat, he brings two birds. What if he can't afford that? He brings a minchah. Yet, in this week's parshah, when a person has 谞讙注讬诐 and he has to bring a korban to be metaher, what does he bring? Three sheep: a keves, an olah, kivsah. If he can't afford that, what does he bring? One sheep and two birds. He still has to bring a sheep! Now if he's poor and he can't afford a sheep, why are you making him bring a sheep? And the answer is, say the sefarim, based on this idea, the reason why he had 谞讙注讬诐 was because he had tzarut ayin. He didn't want to spend money, he was tight with his money. So you know what? The Torah says, \"Force yourself, spend on this one!\"

NOW PLAYING Choose a shiur to begin Rabbi Yehuda Leib Schapiro
0:00
0:00