Here's the the situations. זאגט די גמרא אזוי here, the Gemara says in Bava Batra in חזקת הבתים דף ל\"א. Now we already know the whole all the details of chazakah of three years, of a house and a field, etc., etc. Gemara tells this story: ההוא דאמר ליה לחבריה, there was this guy who said to his friend, \"מאי בעית בהאי ביתא? What are you doing in this house?\" Basically saying, \"It's my house.\" אמר ליה, he said to him, the classical answer, \"מינך זבינתיה, I bought it from you, ואכלתיה שני חזקה, and I had it for three years, I have a chazakah for three years, fine.\" So then normally, under normal circumstances, this is the answer and he will keep the field, the machzik. To remind everyone, we're going to call the guy who is sitting in the field, he's called the machzik. The guy who is trying to get it back, he's called the me'ar'er. So the me'ar'er said, \"What are you doing in my field?\" He says, \"I bought it from you.\" \"Where's your shtar?\" \"After three years, I don't need a shtar. I have a chazakah for three years.\" אמר ליה, so the me'ar'er says to him, \"בשוקי ברואי הואי, I was in שוקי ברואי.\" Now שוקי ברואי the Rashbam says mean בארץ מרחקים, I was in a far away place. Normally the din is that you don't have to, the din is like this: if you hear that somebody is making a chazakah on your field, lives in in your house, and you know if you're going to leave it like that for three years, he's going to keep it, you have to make a mechah, you have to make a protest. And you don't have to go to him; wherever you are, you get two people together, two edim, and you say to them, \"I am protesting. I heard this guy is in my field. I'm making a protest. When I get a chance, I'm going to call him to a דין תורה.\" If you

do that, that ruins that guy's chazakah. And even if you didn't come there, nevertheless there is a din that certain places like Gemara says Yehuda and Galil, they didn't live friendly. Some places you have two countries that don't live good with each other, and therefore the mechah you're going to make, the protest you're going to make will never reach there. So if you didn't make a mechah, it doesn't matter. \"Why, but he has to bring the edim later at least to...\" \"No, he has to bring the edim, yeah, at that point.\" \"No, but the guy has to hear it now! What happens when you make a mechah? When you make a mechah, the guy hears it, the machzik hears it, that obligates him to keep the shtar for another three years. And if he doesn't keep the shtar another three years, it starts again. So let's say he was in the field for four years, but two years ago the guy made a mechah, he kicks him out. So, but in a case where you live in Russia behind the iron curtain, and you heard somebody in America is doing it, you can't make a mechah there and a מחאה won't work. So in a case like that, even if you didn't make a מחאה, the חזקה doesn't work. It's not

yet a חזקה.\" \"Yeah, but how does the, how does the מחזיק know that he's living someplace else, that he would have to keep the שטר? His assumption is that...\" \"But he doesn't have to, but it doesn't matter. But this guy, you can't take it away from the מערער. Whenever the מערער comes, he comes with עדים that it was his, cuz if he doesn't come with עדים that it used to be his, who are you anyway? But if he comes with עדים that it used to be his, so he's really the boss! This guy's trying to keep it, saying, 'I bought it from you.' So if the מערער didn't do anything wrong by not making a protest, then he gets it back!\" \"Okay, but based on that assumption then, then the מחזיק under all circumstances should always keep...\" \"If he's afraid, that's a good eitzah. If the מחזיק is afraid that maybe this guy left to Russia, someplace where you can't, then you should keep the שטר, yes, you should. It's a far-fetched chance, but if it happens, yeah, yeah, then he should. It's a good advice. But anyway, what's noge'a here? So when he said to him, 'I bought this from you and I have a חזקה,' he answers him, 'I was בשוקי ברואי. I was בארץ מרחקים, I was far away, in a place where my מחאה would not be heard, and therefore the fact that I didn't make a מחאה you cannot hold against me. And therefore, your חזקה is no חזקה.' Fine.\" אמר ליה, so the מחזיק answered him, \"והא אית לי סהדי דכל שתא הוית אתית תלתין יומי, for thirty days every year you came back here. What are you what are you telling me you were far away? I know, I have witnesses you used to be back.\" אמר ליה, so he said to him, \"תלתין יומי בשוקאי הוה טרידנא. Thirty days, I was busy! When I came here for thirty days, I came to do business. I was very busy.\" And

what does it mean he's busy? So the Rashbam taitsh das, I'll explain two peshatim. First peshat is, I was busy למכור סחורותי, to sell my merchandise, ולקנות סחורות, and to buy merchandise, ולא ידעתי שאתה דר בביתי. And I'm so busy, I never even heard that you're in my house! \"Ah, you'll ask, if you came here and this is your house, where did you stay? You claim this is your house!\" וכגון שיש לו בית אחר, he had another house in the city, so he was staying in his other home when he was there. So he came back and he said, \"I was busy here and I didn't know. I was so busy, so fardreyt dem kop, I didn't even hear that you're there, and that's why I didn't make a מחאה. It's not my fault.\" אמר רבא, Gemara says רבא says, \"עביד איניש דכל תלתין יומי טריד בשוקא.\" That's a good excuse. The fact that he was busy is a good excuse, and therefore it's not his fault that he didn't make a מחאה and he got his field back. There's another peshat that the Rashbam says, and it's noge'a to know, it's not just for a stam peshat, it's noge'a to know to the whole shiur. יש מפרשים, some say, בשוקאי הוה טרידנא, when he answered him that those 30 days every year the 30 days I came I was busy, so the first pshat was I was busy, so I I didn't even hear that you're there. The answer if the

pshat was ולא היה לי פנאי למחות, I didn't even have a chance, I was so busy I didn't have a chance to make a protest. אף על גב שידעתי, when I came here I happened to hear that you're there and I was very busy, yeah, no, the 30 days he was, but I didn't have a I didn't have a chance to do it. And according to this pshat, this is a good excuse, and Rava says yes, this Wait one second. If he came the first year and he was there 30 days, when did he hear it, the last, the third year, or the first year? Yeah, the last year. Not the first two years? Or he heard and forgot. Yeah. And you have to realize you're not talking today when there's the technology of today If he came the first You're calling your If he came every, you said he came every year for 30 Right, this is the whole thing we're going to get into, let's So if he came every year, so at least one time when he came back, he should have done something. What, okay, we're going to get into this is, this is a little piece of Gemara and there's not much on it, but there's a lot in here. Anyway, the second pshat is that when he says I was busy in the shuk, the 30 days I came, I was busy, I had no time to make a mechah. And the Rashbam says ואינה נראית בעיניי. I don't like this pshat. He likes the first pshat. And what was his answer? I came every year takeh, but I didn't know. I was so busy, I didn't know. Huh? יש מפרשים. The יש מפרשים. First name is yesh. Rashbam. The Rashbam quotes the יש מפרשים and ואינה נראית בעיניי, I don't like it. Okay, this is the Gemara. Comes the Nimukei Yosef and the Nimukei Yosef explains it like this. He says the same thing like the Rashbam's first pshat, that he said, first he said I was far away, so I didn't know. Then he said, what about the 30 days that you came every year? So he learns the same like the first pshat: I didn't know, I came every year, but I didn't know, I never heard, I was so busy all these days. Now, this is what he says then. You have to listen to this. He said to him first, when the מערער said, you know, I was far away and I didn't hear, so he answered him דכל שתא הוה הכא תלתין יומין, I have witnesses that every year you came here for 30 days. ואם כן שהיא שלך, now if it's yours, אמאי לא מחית בי? Mila when you were far away, there, but when you came here, why didn't you make a mechah? Why didn't you make? And this is what he says. He told him you came here every year. And he says this is what he meant: בשלמא אם לא באת אלא בשנים הראשונים, let's say you would only have come the first two years, and the third year not, היית יכול לומר, you could have answered me, הייתי סובר לבוא בשנה השלישית ולמחות. You could have said like this: I came here the first two years, I heard, but I left it for the last year. I'm going to come at the end and I'll make a mechah. And then that last year you weren't here, so you had no choice. See, if this would have been true that the first two years you came and you could have made, and you didn't, you planned to do it the last year, l'poel the last year you didn't manage to come, so the last year you were over there בארץ מרחקים, so you couldn't make a mechah, so he says I would understand that you're right, that the fact that you didn't make a mechah is not a problem. אבל עכשיו שבאת גם לשלישית, but now that you came even the third year, אמאי לא מחית? Why didn't you make a mechah? Yeah. So he answered him, no, because I was busy. When I came here, I was busy, the same like the Rashbam. Yeah, ובתוך זה לא ידעתי שהיית מחזיק, I didn't know you made a חזקה, כדי שאוכל למחות that you make a מחאה. והכי הלכתא, and the halacha is like this. Then the Then Nimukei Yosef adds, He didn't know he was in the field? Yeah. Or he knew, but he was too busy? That's the second, that's the second pshat. He quotes, he learns the first pshat. That he didn't know he was in That those 30 days that he came, he didn't know. I was so busy, he didn't know. And Rava said, it's true, it's possible. In other words, it's not a בבא מעשה, you could answer that and it's acceptable. That's the halacha. So why would he answer him that the first, when you came the first two years you were thinking about coming back the third year? If you didn't know No, he said to him, no, he said to him The מוחזק said to him The מוחזק said, the מחזיק said to him, I have עדים that you came here every, all three years you came here 30 days every year. And he says, what did he mean by all three years? Because had you only come the first two years, I would grant you the right, because the fact that you were here and you knew about it and you didn't make a מחאה, even though you knew, is not a problem, because it could be you planned to leave it for the third. Yeah, but his response was he didn't know about it. Oh, so his response was, I didn't know about the third year either. Okay. Zogt der Nimukei Yosef like this, and like I said, באהאלטן קאפ, ומשמע מהכא, from here is mashma, from here comes out, דאין צריך שיהיה המערער כל השלש במקום שיכול למחות.

When we say that when is the חזקה a חזקה, if the מערער did not not make a מחאה. For three years he didn't make a מחאה, but it doesn't mean that he has to be all three years in a place where he can make a מחאה, אלא דוקא בסוף שלש. In other words, like this: what happens if two years he was in a place where he couldn't make a מחאה, the third year he was in a place where he could, and he didn't, is it a חזקה or not? Yes. And you can't say, \"Well, you give me three years to make a מחאה. I didn't have three, I only had one year, because the two years I couldn't.\" That's no excuse. The ikar is as long as at the end you had. And that we see from this Gemara, he says. Then he adds, ואפילו היה בתחלת שלש במקום הראוי למחות ולא מיחה, even if he was in the beginning of the three years in a place where he could have made a מחאה and he didn't, which is bad, והלך במקום שלא היה יכול למחות, and then for the end he went to a place where he couldn't, לא הויא ליה חזקה, then the חזקה is no good. The guy, the מחזיק, could say to him, \"For two years you could have made a מחאה, and you didn't. The end, takeh you couldn't, but why didn't you make it then?\" No. We say everything counts at the end. If at the end he was in a place where he could, where he couldn't, if at the end he was a place where he couldn't, so we don't blame him for not making a חזקה. In other words, we give him the right that the fact he said, \"The first two years you could have,\" and במזיד he didn't make a מחאה, but if at the end he couldn't, so we say like this: since you left it to the end, you had a right to leave it to the end, and at the end you were an אנוס, you couldn't, it's not a חזקה. דאימא we say דעתיה למיהדר, if he planned to come back, אבל כיון דאשתהי אשתהי, you couldn't, it didn't work. This is what the Nimukei Yosef says. So

again, the Nimukei Yosef brings out here this דין, that everything from this Gemara we see everything depends on the end. And therefore, he says, if the first two years he was in a place where he couldn't make, and the last year he was in a place where he could, the חזקה is. If the opposite, if the first two he was in a place where he could and he didn't, and at the end he was at a place where he couldn't, it's not a חזקה, because we say it's not his fault he didn't make. The fact that he could have made before doesn't count. This is the Nimukei Yosef. Comes, and the Tur brings this Nimukei Yosef and paskens like that halacha. Comes the Beit Yosef, Beit Yosef comments on the Tur, and the Beit Yosef says this Nimukei Yosef peshat is only right if you learn the second peshat of the Gemara here, that when he said the last thirty days, \"I was busy,\" meant, \"I was busy, I couldn't make a מחאה. I didn't have time.\" Then he's right. But according to the first peshat, if you learn the first peshat, then I disagree with him. Then he's not right. Then the דין is not true. That means that if he was able to make a מחאה first two years, and at the last he wasn't, the חזקה is a חזקה. We blame him, \"Why didn't you make a מחאה?\" And the Bach comes and says, \"I don't understand what the difference is. What's nafka mina the peshat here? What's nafka mina how you learn the peshat in the Gemara to to see that whether this is right or wrong?\" The Darkei Moshe asks, the Rema, who wrote the פירוש Darkei Moshe on the Tur, asks on the Beit Yosef, \"I don't see what the Beit Yosef wants.\" All the mefarshim ask, they don't understand the Beit Yosef. What's he trying to say? Why does the Beit Yosef disagree with the Nimukei Yosef? And what is the difference which peshat you learn in the Gemara, if we learn this or that peshat, why according to this one it does make sense and this doesn't make sense? And they all come in with different למדות, the Ketzot has a peshat, and the Netivot has a peshat, and they all have all kinds of pshatim. So what we got to do here is put in our two cents and see what the pshat we could say to explain pshat in the Beit Yosef, and then understand what is the machloket between the Beit Yosef and the Nimukei Yosef. What is the whole basis here of this machloket? So first, what I want to say is that the Nimukei Yosef here has two two פרטים. One is the first part, and that we see from our Gemara, and the second part is his own idea, even though that's not way it's learned simple. The first thing he says here, משמע מהכא, from here we see that if the first two years he was in a place where he couldn't make a mecha'ah, and the last year he was in a place where he could, the chazakah is a chazakah. That is clearly mashma from this Gemara. That's true, because in the Gemara we see what did he say to him the way that Rava said, \"Had you been the first two years far away, had you come back here the first two years only, which you could have made a mecha'ah, but the last year you didn't, I would understand you're right. Bepo'al, you weren't here the last year either. You came the last year also.\" So from that we see that had he been the first two years in a place where he couldn't make a mecha'ah, and where he could make a mecha'ah and the last year he couldn't, so we don't blame him. That we see from the Gemara. But then he says the second thing, the opposite, that if he was first two years or two and a half years in a place where he could, and the last year was in a place where he couldn't, he says he is called an anus, and we don't blame him for making a mecha'ah. That is, for not making. We cannot blame him for not making for not making a mecha'ah, for not making a mecha'ah. What? That, he doesn't learn out from our Gemara. That's his own opinion, based on his opinion, and I'll explain what I mean. Bichlal, when there is a משך זמן, when there is a stretch of time that you are able, obligated to do something within this amount of time, you have to keep in mind, in a certain amount of time, in the beginning you didn't do it birtzon, willingly, you knew it and you didn't do it. You procrastinated and you pushed it off. Came the end, when you were wanted to do it, you were an ones. What din do you have? Do you have a din of an ones or a din of not? That's the she'eilah here. הא? Yeah, but that's the Eibershter punished him. This is, that's like derech, passed up שבעת בנים, it's a, but what it would be in a case we call it אונס ביום אחרון it's called. If you're an ones at the end, something that you're able to do, 20 days you have to do it, and you could have done it the first day, the second day, and you left it for the last day, and the first 19 days you didn't do it bemezid, and the last day you were an ones, are you called an ones or you say no, you could have done it before and it's your fault you didn't do it? The Nimukei Yosef, not here, holds in a different place, I'll show in a second, that in a case like this, you're called an ones. He says it in Bava Kama דף כ״ג, and he says it like a whole mashal in a din, a person makes a shevuah to somebody, and he says to him, I'm going to give you something on this and this day. Came the morning, he says, and he remembered, and he said, eh, I got plenty of time, and came to the end, he forgot. Now forgetting is called an ones, a person forgets, it's not his fault, he didn't mean it. So he brings from the Ramah, it's called an ones. He's called an ones. And what? And he didn't give it. And what? Oh, he's over on the neder. He's not over on the neder, but if you call it beratzon, that means he made a neder, made a shevuah, and he broke his shevuah. He went and didn't keep his shevuah. If you do it baones, you're not called you're over on the shevuah. In this case, he says he's called an ones. He learns it out from this Gemara, and he even brings out, this is נוגע להלכה, he says. The halacha of of of davenen. The din by davenen is Bava Kama דף כ״ג, let's see in here. Yes, he says like this. This, he quoted it in the name of the Ramah. ולפי פירושם נראה לי ברור, דמי שלא התפלל בעוד שיש לו זמן להתפלל, okay, I'll say it in English, what, the din is like this, if you didn't daven Mincha, you have to daven tashlumin Maariv. You didn't daven Maariv, you have to daven Shacharit. But the din is only if it happened baones. If you forgot, something happened, you couldn't do it. What happens bemezid? Yesterday you didn't daven Maariv, and then tomorrow morning you decide you want to do teshuvah, who cares? So he asks the she'eilah, what happens, מי שיש לו, דמי שלא התפלל בעוד שיש לו זמן להתפלל, a person didn't daven when he still had time, מפני שסבר because he said, עדיין יש לי זמן אחר שיגמור זה עסקו שמתעסק בו, he's busy, I have another 2 hours, I have time, I didn't daven. ובין כך ובין כך עברה לו השעה, time passed, and now he's he's he's an ones. So according to what we said before, אינו נקרא מזיד ופושע, he's not called a poshea, he's not called negligent and mezid, and he is בכלל טועה, like a mistake, an אונס, ולא התפלל, שמתפלל שתים, you can daven. So we see clearly But why did the time pass that he didn't daven? הא? What happened that the time passed that he He was busy with something, and then he forgot to daven. He forgot? Yeah. So till now he could have done it, and he forgot to daven, he's called an ones. So what do we see here is the shittah of the Nimukei Yosef, and we learn that actually in the Shulchan Aruch, in Yoreh Deah, in הלכות נדרים, the Rema brings this down, and he says this is not so pashut, it's a machloket. He says it's a machloket between the Nimukei Yosef and the Sefer HaAgudah. The Nimukei

Yosef holds in a case like this, you're called an ones, and the Agudah says you're not called an ones. The Agudah says, since you had 5 hours, let's say, to daven, and the first 3 hours you could have davening and you b'mezid didn't daven, who cares at the end you were an ones? You were a mezid, and you're called a mezid, and you wouldn't have to דאווען תשלומים. Because it doesn't go on the end time. Because it doesn't go, not only it doesn't go only on the end, it goes on the rest also. And since there was a time you could have and you didn't, you're not called an ones. So according to the Nimukei Yosef, when are you a mezid when you don't daven? הא? When are you a mezid when you don't daven? When you didn't want to daven. If you specifically don't want to daven. If you didn't want, yeah. You have 5 hours, And the guy didn't daven, yeah. So for 4 hours and 59 minutes you're a mezid, you don't want to daven, the last minute all of a sudden you decide you know what? That's an ones. If, yeah, if you're an ones. If you're an ones the last minute, yeah. But he wasn't a mezid that he didn't want to daven. In that case, it was just he what he said, I'll daven For 3 hours you're a mezid, you don't want to daven, and then you want to daven That's called mezid. You didn't daven because you didn't want to daven. No, I'm saying, but if you were a mezid the whole time, but you're a mezid That's called you didn't דאווען ברצון. He didn't say, I don't want to daven, he said I'll daven later. Correct, that's the whole point. If he says I don't want to daven and didn't daven at all, you can't say Shemoneh Esrei over. That's a mezid, he didn't If he said I wanted to

daven, and I want to daven but I'm going to daven later, so at At the at the end you were an ones, he calls it an ones. The sevara and the sevara of the shevuah, that if you said, \"I promise, I swear I'll give you something on this day,\" and in the morning you remembered, and you pushed it off, and and later on you forgot, you're an ones, he's an ones. The Sefer HaAgudah argues. The Sefer HaAgudah holds, no, that because you had a chance before to give it, and you didn't, we don't care that you were an ones at the end. You're called a poshea. You're called You're chayav on that neder, you were over on the neder b'mezid. So, we see a machloket here. But the Nimukei Yosef is of the one of the shitah that it's called an ones. That fits to what he says here. It's exactly what he says here on his own. He says that if a person had three years to make a mechah, the first two years he could have, but he didn't, and at the end he was an ones, he's called an ones, and we can't blame him for not doing it. Now, according to this, the Beit Yosef who argues, obviously holds like the Agudah, seems like. He holds like the Agudah that in a case where you have a stretch of time, and in the beginning you were not an ones, and at the end you were an ones, you're not called an ones. We blame you. And that's why over here he says to the Nimukei Yosef, \"I disagree with you. I hold this case that if you had the three years, the first two years you were able to and at the end you weren't, so even though at the end you were an anus, but you could have made the מחאה before, and since you didn't, it's called you didn't make a מחאה, and the chazakah is a chazakah.\" The

only problem is What is the standard? Do people make מחאות usually the first year, or they wait until the third year? Why should they wait? After we're done the whole thing, you'll see. So, this is the machloket. So, it seems like we have a biur here, an explanation of what the machloket is based on. The only problem we have at this moment is so what difference does it make which peshat we learn? The Beis Yosef said that if you learn the other peshat, I would agree to the Nimukei Yosef. What What has that got to do? So, I want to say like this: What is the difference between the other peshat and the first peshat? The other peshat says that what was his excuse why he didn't make a מחאה? I was too busy. Pretty Pretty weak excuse. That's the reason why the first peshat disagrees with that peshat. He says you got to have a real good excuse to be able to find a terutz why he didn't make it. It's got to be a real ones. The second peshat learns that you don't In order to give you an excuse, you don't have to be a real ones, as long as you're not a real poshea. There is some excuse you have. You're not a real poshea, that's enough. So, the Nimukei So, I can say like this: The Beis Yosef says that I I hold, as we said, that if you're an ones at the end, you're not called an ones. But I wouldn't call him a poshea either. So, according to the first peshat where the excuse has to be an ones, I disagree. I say it's not an ones. But if you would learn like the second peshat, that means that you go according to the sevara that in the case of מחאה you don't have to be an ones to have an excuse, as long as it's not 100% negligent. So, according to that, I would agree that in a case like this you're called an ones. Not called an ones, but at least you're not a poshea. So, be'emet you can learn peshat like this. But I have a big problem with this peshat. Peshat is like this. So, we're saying that the Beit Yosef holds like the Agudah that if you're an ones at the end, you're not called an ones. You're a poshea. Let's look: What does the Beit Yosef hold in the case of the davenen? So, if you look at Shulchan Aruch in Orach Chaim, the Beit Yosef says very clearly this din: If somebody was able to daven and he pushed it off, he had time and he pushed it off, says, \"I'll daven later, later, later,\" and later he forgot, he's called an ones. Which defeats the whole thing, cuz I was trying to say that the Beit Yosef holds that if you're an ones at the end, you're not called an ones. That's why over here, if you the first two years you could, and at the end you couldn't, you're not called an ones, because you should have done it before. Which would come out according to if it comes to daven, that he should not be called an ones, and the Beit Yosef פסק'ס that you're called The same Beit Yosef in a different place! This is in in in in by dinim of חזקת הבתים, that's in the case of davenen. So, how could you say that the reason he argues here is because of that? Now, the truth is, so I said this could be a little confusing, the truth is that when I read you the Nimukei Yosef in Bava Kamma, I didn't read the whole thing. There's a piece I skipped. Not skipped, I didn't do it, cuz I didn't want to confuse or defeat the whole thing. The Nimukei Yosef What did we say the whole time? The Nimukei Yosef holds that if you're an ones at the end only, you are called an ones. And therefore he says, comes out that by davenen, if you could have davent, but you didn't, you pushed it off, and later on you were an ones, you're called an ones. But then he adds That was in the Nimukei Yosef? Yeah. מיהו he says, but I want to tell you, לענין תפלה, when it comes to davenen, I don't think we could apply it. יש לחוש יותר מפני שאמרו חז״ל לא ישב אדם לפני הספר סמוך למנחה ולא לדין שמא יעבור, וכיון שזה אין לו רשות לומר אני אעשה ולא אעבור, כי עשה הרי פושע. That means like this: He says davenen is a special din. By davenen the chachamim made a special din you're not allowed to sit down in front of a barber before when the time of davenen comes you can't sit down to eat, you can't do anything. So by davenen we see that the Chachamim made that you shouldn't be able to do it in the beginning, you have to do it right away. So even though I hold normally, I hold normally that an ones at the end is called an ones, which mimeila should come out that by davenen the same thing, but I'm telling you davenen is different, because davenen you should have done in the beginning, there's a special din the Chachamim made. So now we're all confused. Yeah, but then it's not good. It switched around the shitos now. Exactly. Now azoy. The Nimukei Yosef we said holds that an ones at the end is an ones, davenen, not. The Beis Yosef holds that the end of ones is not an ones, and by davenen, yes. So we're all mixed up now. So I say a pshat like this. It's like this: be'emet, the Nimukei Yosef and the Beis Yosef, they both hold the same shita as far as ones bichlal. That if a person, now again to clear, if a person has something in a משך time to do, a certain amount of time, and in the beginning he could have done it, and he intentionally did not do it, then at the end he was an ones, something happened he couldn't do it, he is called an ones. But if it's a case where the Chachamim wanted you to do it in the beginning, then everyone agrees that you're not called an ones. In other words, like this, now look at this. When you have a time to do something, five hours, three hours, you could look at it two ways. On one way you could look at it: be'emet, you have to do it right away. Chachamim, or the Torah gave you time to do, you got to do it right away. But if you don't do it right away, okay, you could do it later. The real זמן is in the beginning, if you don't do it now you have three hours to do it. Or you could say, no, be'emet, not like that. When the Torah gave you three hours, you could do it anytime you want, meaning there's no, nothing, no difference. That that could be Now, when it comes to davenen, which way is it? It's to daven right away. Is it that you have to daven right away? And לכאורה, it's very clear you have to daven right away. Like the Nimukei Yosef brings, the Chachamim said you can't sit down to do anything, which means by davenen, clearly, you got to daven right away. No. Even though by davenen there's a din that you should daven right away, we have a way, two ways to look at it. Is it a din in the zman? The zman of davenen, the time of davenen is right away, and the rest of it is only tashlumin that if you didn't daven right away, you can daven? Or you could say the fact that you have to daven right away has nothing to do with the zman. The זמן תפלה is you have three hours, anytime, there's no It's just m'tzad the person. If the person doesn't daven right away, it shows he doesn't really care about davenen. I'll just give a I give an example, a a narishah example. Even if something is no difference in the time, but if something is important to you, you'll do it right away. For instance, if someone will tell you, you know, on Monday you have five hours to come and pick up, I'll give you a present a million dollars. You could come anytime, it's all there's no l'chatchilah you have to come the first minute, you could come the whole day. All three hours you could come. I bet you bottom dollar, I would run to be there the first minute. Before. Yeah, even before! Why? It's all the same time, because I want to have it. Yeah. So the same thing here. Sometime the fact that you have to do it right away is not because that's the time. Not a din in the zman, it's a din in the גברא. Where do I get such an idea from? So, everything comes from Likkutei Sichot. That's why we should daven at 7:00. Yeah. Early. You have to be at 6:00, not 7:00. No, that's not the time, you can't do it. You can't do it. No, but the minyan should be when the day breaks. It is now. Now it's exactly. Now exactly. Now we say Shemoneh Esrei exactly by the נץ. Right. Okay, I'll I'll read you here. See you tomorrow morning. Only now. The Rebbe explains here, בנוגע the tashlumin of the korbanot of Yom Tov. You know that when you went to the בית המקדש, you had to bring a korban. You have to bring it on Yom Tov, and it says you have seven days that you could bring it. First day is It's a tashlumin? Even Shavuot, when there's only one day Yom Tov, you have tashlumin seven days. So the Rebbe asks a kashya: Why is the לשון תשלומין כל שבעה? That you could be mashlim, you could finish it off, you could do it all seven. The first day is not a tashlumin. The other days is tashlumin, should be tashlumin six. What's tashlumin mean? If you missed out the first day, you could do it the second day. So how many days is tashlumin? How many days is the makeup? Six. But it says the לשון of תשלומין כל שבעה. So he answered like this: כלל איז דער באדייט פון תשלומין, normally when we say the word tashlumin, it means מען איז משלים א דבר חסר. We make up something that we missed out. דאס הייסט, מ'איז משלים א זאך וואס מ'האט פריער פארפעלט. You miss something and you're mashlim it. איז דערפון גופא פארשטאנדיק, that word itself shows us, אז דער ענין פון תשלומין איז א בדיעבדיקע ענין. It's b'diavad. וואס איז נישט דער זמן פון די It's not the real time. The real time is l'chatchila, if you didn't do it, you could make it up. אבער די תשלומין פון די קרבנות החג זענען אנדערש. The fact that by korbanot of of Yom Tov, you could bring all seven days, and we call it tashlumin, it's a different ביי זיי גיט די תורה מלכתחילה שבעת ימים צו ברענגען דעם קרבן. You got seven days to bring the korban. אזוי אז דער זמן הקרבן איז מלכתחילה שבעת ימים, the zman is seven days. And he says a kashya from the Rambam: ואף על פי א דאס, אז דער וואס קען מקדים זיין און ברענגען זיין קרבן ביום ראשון של חג, טאר נישט מאחר זיין. If the din is if you could bring the first day, you're not allowed to push it off, און ברענגען דעם קרבן תשלומין טאג. And the Rambam says, מצוה להקדים ולהקריב בראשון, you should bring it the first day, וכל המאחר הרי זה מגונה. If you bring it later, you're bad, you're you're you're disgusting. So how could we say that the zman is all equally? So the Rebbe says, the סברא נישט א דין מצד דער זמן הקרבן, it's not that the zman is more in the beginning than later. אבער ער האט פארפעלט ברענגען דעם קרבן בזמן הקרבן, if you didn't bring it the first time, you missed the זמן, נאר בלויז אז דער מאחר איז מגונה דאס איז א חסרון בהגברא, the person is not the way he should be. דער מאחר זיין בשעת מע קען מקדים זיין, if you hold it back when you can מקדים, איז הנהגת הגברא המגונה, you did something wrong. אבער אויך ווען מען ברענגט עס באיחור, נאכדעם יום ראשון, איז דאס קרבנם קרבן בזמנו. So here we have, and that's why he says it's called called שבעה, because even the first day, the second day tashlumin and the first day is the same. If you didn't bring it the first second, you're already tashlumin because it's a different type of tashlumin. Whatever. But the bottom line, what do we see from here is like this: that there are two types of zman. Even when the din is that you should bring it the beginning, you should do it in the beginning, and the rest is not as good as the beginning, but it doesn't mean necessarily that the zman is only the beginning not later. Like we see here. Sometimes we could say But the people who gave the korbanot had to come from other places so they would come before Yom Tov. Not always. Sure they could come on Yom Tov. So we come out from here that you could say sometimes when you have to do something in the beginning of the zman is because that's the real zman and later is not the real zman. Sometimes it's the zman is all the same. The reason you have to do it in the beginning so you should show to Hashem that I care about you. By tefillah, what is it? What is it by tefillah? For sure there is a zman. Let's say Shacharit you could have four hours, I'm just I'm just throwing out a number, four hours. Takeh it's four hours there, the tefillah, the שחרית זמן. You and and it says better to daven in the beginning because it says you can't sit down to do anything, so really you should do it in the beginning. What is the pshat? Is the pshat that really all the time is the same? You could daven the first minute, you could daven an hour later, it's all the same. The reason you have to do it in the beginning is pashut you should show Hashem that you just can't wait to daven, but it's nothing to do with the zman. Or we say no, this shows that the zman is in the beginning. This would be the machloket between the Nimukei Yosef and the Beit Yosef. The Nimukei Yosef it says that if you could have davened before and you didn't daven, and then you left it for later at the end, and at the end you were an ones, you're called an ones. You know what he holds? That the zman is all the same. And if the zman is all the same, the fact that you didn't daven the first minute, there is nothing wrong that you did, nothing wrong, so why can God blame you for it? You could have left it for the end, the end is just as good as the beginning. At the end you were an ones. You're an ones. The Beit Yosef Huh? No. Did you say the Beit Yosef was backwards? Oh, I said the Nimukei Yosef, I meant the Beit Yosef. Yes, yeah yeah, I used the wrong name, the Beit Yosef, yeah. That's what the Beit Yosef says. Very good, yeah. Yeah, the Beit Yosef is the one that says that you're an ones. He holds that all the time is the same, and therefore the beginning is no problem. You didn't daven because there's no special time in the beginning, and at the end you were an ones. The Nimukei Yosef will say differently. He'll say the fact, like he says here, the fact that the the Chachamim said you have to daven right away, you can't do anything, is because that's the real zman of davening. So if you didn't daven in the beginning, you did something wrong. The fact that later you're an ones, you tried to leave it, and you didn't make it. But we don't call you an ones. That's the machloket over there בנוגע davening. Can I ask you a question? Yeah. What if you have a זמן קבוע to daven, not Shacharit, let's say Mincha, 5:00, hey, you have a זמן קבוע to daven, and your intention is to daven, right, and you can't make it, you get stuck in traffic. According to the Nimukei Yosef, you're called you you're not called an ones. They well, they didn't have traffic then. Okay, but that's So saying, but then you're you're not called an ones. You have a קביעות, fine, but you're not called an ones because you could have davened lechatchilah. But I want to know if you want to bring the whole story, the connection between davening and and חזקת הבתים Well, let's get let's get to חזקת הבתים now. But this is אדם למקום and this is אדם לחבירו. So yeah, but there's no difference. Both are אדם למקום. No, the idea is this we didn't finish here yet. Let's get to here. So this is the way we're looking. So be'etzem, they both agree that if you could have done something before and you didn't and you left it to the end and you're an ones, you're called an ones. Only the and they both agree that if it's a thing that you have to do in the beginning, you're not called an ones. The question is, is this something that you have to do in the beginning or not? So the Nimukei Yosef so the Beit Yosef holds this is not something that you have to do in the beginning. It's only for the person that you do, but not for the זמן. And the Nimukei Yosef says this is something that you have to do in the beginning, and if not, you're not called an ones. Now, let's see what do they hold בנוגע חזקת הבתים? Here you have three three years to make a מחאה, three years to make a protest. What is the peshat? Is the peshat that be'emet you should make a מחאה right away, if you didn't make right away you have a chance to make it a second day, the third day, you can make it then, you can make it till three years, but be'emet you should make it right away, or not? Like you have three years to make a מחאה. The first Why is it better the first than the second than the third? Or the first minute he hears about it? Yeah, the first minute you hear about it. But there's no אשמה at that point yet. No, but the she'eilah what is the halachah. Wait, we'll see. There's no אשמה, that's what really what he asked. Yes. So so wait a second. We have a Ketzot, and the Ketzot brings a Ramban. This is what the Ramban says. He explains what is the cheshbon of three years by a חזקה, and he says like this: be'emet, he says, the moment the guy moves into the house, the מחזיק moves into the house, and the מערער does not make a מחאה, חזקה is a חזקה. Right away it's his. The fact you should have made a מחאה, you didn't. Then why is there three years? Because till three years we have a problem with the מחזיק. We tell the מחזיק, \"If it's yours, where is your שטר?\" That's the reason why we give him three years. But the Ramban says be'emet the חזקה the מחאה the חזקה is right away. The Chachamim just l'poel said you can't give it to him because we have a problem with him. So he made a good chazakah, because this guy should have made a מחאה right away and he didn't, so the ראיה it's

his. But then we have a ראיה against you. The ראיה is where is your שטר? That's how the Ramban holds. Then the Ketzos brings that the Nimukei Yosef argues, takeh the same Nimukei Yosef, argues and says no. You know why there's three years? תקנת חכמים. Chachamim decided, they made up a cheshbon of three years, and they said for three years we give you a time to make a מחאה, and therefore till three years is not a chazakah. So according to the Ramban, they both agree the fact is that till three years is not a chazakah, but for two different reasons. According to the Ramban it's because of a side reason, because we have a problem with you, but not that your chazakah is lacking. Chazakah is right away because you didn't make a מחאה. And according to the Nimukei Yosef it's not like that. According to the Nimukei Yosef you have three years to make a מחאה, till three years is not a chazakah, and you have your time. The Beis Yosef learns like the Ramban. And the Nimukei Yosef we just said learns learns the way he learns. So it comes out like this: that according to the Ramban, according to the Beis Yosef, when it comes to the cheshbon of the three years of מחאה, really you should do it right away. The fact that you could do it later is because there is he has a problem with the שטר, and there we you have a stretched time. But really you should do it right away. The

Nimukei Yosef learns, no. If it's a תקנת חכמים that they gave you three years, why should you have to do it right away? I mean, you have three years to do it. So it's all the same. And that's why here it comes out like this: the Nimukei Yosef, when it comes to the מחאה of the three years, the Nimukei Yosef says, if the first two years you could have made a מחאה, and later you are you were an אנוס, you're called an אנוס. You know why? Because you didn't have to do it right away. So you could do it later. There's nothing wrong, you didn't do anything wrong. So you, before, you didn't do it, you left it for the end, fine. Came to the end, you were an אנוס, you're called an אנוס. But the Beis Yosef argues, and the Beis Yosef says, no. He says, he holds like we said, like the Ramban, that be'emes the whole din of מחאה is right away. So you should have made a מחאה right away. You didn't make a מחאה, that's a problem. איי the fact you could have left it to the end, that's already like a תשלומין. You could leave it to the end. And therefore, since you should have done it right away, so this comes out that by the case of the field, the Beit Yosef learns like the Nimukei Yosef learns by tefillah. By See, that's where it changed. By tefillah the Nimukei Yosef learns it's not called an אנוס because he says you have to daven right away. By חזקה you don't have to make a מחאה right away, you are called an אנוס at the end. And the Beit Yosef is opposite. By tefillah he holds that you don't have to daven right away, that's why he calls him an אנוס. By חזקה he says the מחאה has to be made right away, and you didn't, that's why he says you're not called an אנוס. So we see why they argue in the two things in the two opposite ways. Yeah, but in an earlier shiur you said that it's not enough that you stay in the field, you have to work the field, you take care. Then then you can't take a חזקה as soon as you get you didn't have a chance to do anything. It's only because of the because you have to show your בעל בתישקייט. Be'emes you didn't have to, it's only because there is a cheshbon of three years. מצד מצד the Ramban, you don't have to work. The moment you get in and you start working, you don't have to work for three years. You start working Yeah, but it's not realistic. As soon as you move into somebody's house it's yours? Assuming the guy hears. Yeah. If the guy doesn't doesn't say anything? Yeah. Just like this, nu. If I have this, and you don't If I lay this and I take it, like here it's not the same, just I'm holding it. In one second I'm holding it, it's mine. And here it's the fact that, yeah, you didn't make you saw me and you didn't make a מחאה. You just stay for the three years? That's because of a side thing, because otherwise where is your שטר? Yeah. We have a problem with you, that's all. Not because of the חזקה. The חזקה is right away because this guy should have made a מחאה right away. So the Ramban learned that the מחאה is to be done right away. איי you could do it later, yes, you could do it later, but that's already second that's not that's תשלומין. So it comes out, the nekudah is, they don't argue in the philosophy, they just argue in each case under which category they fall. In philosophy they both hold that something that you have to do right away, and you didn't do it, and at the end you were an אנוס, they both hold you're not called an אנוס. Something that you don't have to do right away, they both hold that if you didn't do it, you are called an אנוס. The question is, what is it? So by tefillah, the Nimukei Yosef holds that you have to davenen right away, that's why you're not called an ones. By chazakah, the mecha'ah, you don't have to do right away, that's why you are called an ones. And the and the Beit Yosef says the opposite: By tefillah, he says it's not you don't have to do it right away, so that's why he calls you're an ones, and by mecha'ah, you have to do right away. So the only problem we still have that we didn't finish, what? בבבא בתרא דבית יוסף. You don't need the Beit Yosef in there. The only problem we have Gemara, chazakah, tefillah. Davenen. No, Shabbos you daven 10:00. I love the Beit Yosef. The only she'eilah: what did the Beit Yosef mean according to this, that if we learned other peshat in the Gemara, then he would agree to the Nimukei Yosef? But what's that got to do? What does that peshat that Gemara got to do with this? So I'll say like this: What we see from that peshat, the difference between that peshat and the normal peshat, the first peshat, is that that peshat holds that as long as a guy What's What's the peshat? That 'I was busy and I had no time to do it.' A very פראקע thing. But as long as he has an excuse why he didn't make a mecha'ah, we accept the excuse. He didn't have to do it right away then. Ah, that means he didn't have to do it right away, that case. No, he still had to do it. Whatever he had to do, he had to do right away, מחמת מחאה. But any time, for not making The question is: what is called you're ones? He couldn't do it right away, so then he He couldn't do it right away, so he was an ones. No, that's in the bottom line. But what he said to him about the two years, it's a it's a all the hava amina's answer. But let me just So, it comes out like this: that the second peshat argues with the first peshat, or the first with the second, that the second peshat holds that if you have a slight excuse why you didn't make a mecha'ah, we accept it. That's called an ones already. The first peshat says, 'What are you talking about? This is an excuse? Excuse means I didn't know about it. That's an excuse. But but the excuse that I didn't have time?' But if you learn like the second peshat, a small excuse is good enough. That's what the Beit Yosef says. We said like this: the ta'anah to the guy is you should have made the mecha'ah right away, and you didn't make it right away, you got a problem. 'Ay, later you were an ones?' But right away you should have made it. He has a good excuse why he didn't make it right away. His excuse is very good. Know why? Because after I make my mecha'ah, I have three years. Why should I make it right away? My three years will be up. Whenever it'll be up, why don't I wait until the end, and then I'll have a full three Why don't I wait till the last day of the three years, and then I'll have another three years to hold it? So the fact that he didn't make it in the beginning is a benefit to him. is really, a benefit to him, is really not called a real mezid. And that only fits to the second pshat. And that's what the Beit Yosef says: the reason I say it's not called an ones, is because we said in the beginning, you didn't make the מחאה ברצון, willingly you didn't make a mechah. At the end you were an anus, too bad. You should have made it in the beginning. But according to the second pshat, we can say as long as you have an excuse why you didn't make it in the beginning, it's not called that you made it b'ratzon. It's called ones. See, the second pshat holds that that's called an ones. So the Beit Yosef says, if that's called an ones, the fact that you didn't have time, so the fact that you want to say that you didn't do it now because you left it for later for a good reason, is also called an ones, according to that pshat. So in that case, if you didn't do it in the beginning because you pushed it off, and later you were an anus, I admit you're called an anus, because you were an anus the whole time. But according to the first pshat, that's not called an ones. So the first two years you were b'ratzon, the end you were an anus, too bad, you should have made a mechah before. You didn't make him a mechah, you're called a It's not called ones, and therefore it's it's it's he doesn't get the field. This whole thing is about if a if a it's a that it's a man that takes the house. די גאנצע, די גאנצע פשט איז דאווענען בזמנו. וואס פאר א שייכות איז בזמנו פון דאווענען? נײן, ער האט שוין תפלה, ס'איז נאר א דוגמא אין הלכות, ס'איז נאר א דוגמא, ס'איז נישט אז דא, נישט אז מען האט געדאווענט תפלה.

The first pshat was that he was an anus the whole time. How does it apply today, though? The re'ayah is not from the way the ma'aseh was. The ma'aseh was, according to both pshatim, he was an anus the whole time. It was? Yeah. The re'ayah is from that what he says: How do you know? Had it been Had it been not all three years, you would have been right. Well, now then, what would be the case then, huh? They're saying Which sichah is this? י״ב סיון, תש״כ. Yeah, and how does it connect to today? Today's Today's date. The Rebbe says it at the end of the sichah. What's it connect to? He says, 'How do I know?' When, next week, same time? Im yirtzeh Hashem, yeah. Where's it next week, brother? We have to make the shiur more than once a week. We'll say 8:30? We'll say 8:30 next week? My wife won't let me waste three hours. After 8:00 I'm sitting around doing nothing. Why not 8:20? We didn't start till 8:30. Good, so what if we sit down, what do you call it? If I come 8:15, I'm not missing. You're not missing, yeah. So this is the only shiur we can count on that this happens. Take care. Frank, take care. Thanks. And tefillin, how come you still check every seven years? Have it when you get it, and then seven years later have it have it checked again. Tashlumin... Tashlumin... okay. Yeah. רצון קרוב לאונס. Call you tomorrow. All dear brothers, good night. He has to say I bought it, we just don't know if he's saying the truth or not. This is the proof that he bought it, not giving him ownership. What about this guy that didn't buy it? It goes in someone's field, he's there for three years. It's חזקה שאין עמה טענה. He answers, \"What were you doing in my field?\" He says, \"I don't know, it's open field, I sat here, I sat here for five years.\" It's nothing, tell him to go. Remind me again what you were telling me with the רבי בעל סדר השיחות, it's given that he gets from the korbanot? Korbanot. תשלומין. What's the real fact, he's a answered alle זיבן טעג is a half a zach, you start with that. I thought it I thought that I'm supposed to come out and like He has to תשלומין? It's תשלומין if yes, who's going to תשלומין main in zman. Zman is yes, it can משמעות sein. Is that there of פסח שני? פסח שני can a משמעות sein, when it verfail פסח ראשון. Can this order as a תחילה? Can someone offer פסח ראשון or פסח שני? I want to make sure I get a תשלומין, but not in this. Interesting.