What are saying when a person has to be put in cherem? So, see you call him to Beis Din, all kinds of things about how you behave when it comes to Beis Din. Now the Gemara, here the Gemara asks ומנלן דפרטינן חטאי בצבורא? How do you know that when we call him to Beis Din or when we in case you put in cherem, you announce in public the aveirah he did, or would you mention which aveirah it's for? כתיב it says in the same place where it talks about Devorah saying that Meroz is cursed, it says the reason is כי לא באו לעזרת ה' because they didn't come to help ה'. So, it says clearly. So, they specified what the reason for the aveirah is. Va'amar Ulla, Ulla said בד' מאה שיפורי, with 400 שופרות, שמתיה ברק למרוז. Barak put in Meroz in cherem with they used to blow shofar there and if it was a very serious one, they would blow more than one shofar. So, they blow 400 shofarot. Now, who was it? איכא דאמרי, some say גברא רבא הוה. It was a a great person, a chashuve person. And he didn't come to help. איכא דאמרי, כוכבא הוה. It was a star. שנאמר, it says מן שמים נלחמו הכוכבים, that from שמים, the כוכבים. So, this was a star. Then the

Gemara says ומנלן דמפקרינן נכסיה? How do you know a person like that, if Beis Din wants, they could confiscate his possessions? כתיב, it says וכל אשר לא יבוא לעצת השרים והזקנים, anybody doesn't come when the שרים והזקנים, Beis Din calls him, יחרם כל רכושו. They could be confiscated his רכוש והוא יבדל מקהל הגולה. And he will be separated, we will put him in cherem and separated from the That's a pasuk? Yeah. Where? Ezra. ומנלן דנצינן, how do we know that we argue with him? ולייטינן, and we could curse him? ומחינן, we could hit him? ומרטינן שער, we could pull out his hair? ומשבעינן, we force him to swear certain things we want? כתיב, it says, there's a פסוק in נחמיה, ואריב עמם, I will argue with them, ואקללם, and I will curse them, ואכה מהם אנשים, and I will hit from them אנשים, ואמרטם, מרטם is when you pull out their hair, ואשביעם, I'll make them swear. ומנלן דכפתינן ואסרינן ועבדינן הרדפה? How do we know that we tie him up, we force him, we tie him up, and we do הרדפה? Second. כתיב, it says, הן למות הן לשרושי הן לענש נכסין ולאסורין, that we could do it to kill him, we could do it to make שרושי, we could do it to punish him, his possessions, and we could tie him up. מאי לשרושי? What does it mean we could do לשרושי? אמר Ada Mari, אמר Nechemiah bar Baruch, אמר Rav Chiya bar Avin, אמר Rav Yehuda, what it means is we do הרדפה. מאי הרדפה? שרושי is הרדפה, what's הרדפה? אמר Rav Yehuda ber Rav Shmuel bar Shilat משמיה דרב, הרדפה is מנדין לאלתר, that we put him in חרם right away, ושונין לאחר שלשים, and after 30 days we repeat it again, ומחרימין, then after the שישים, after 60 days, we put him in חרם. If he didn't do תשובה. If he didn't do תשובה, obviously, and then continue this and we go on and on and that's הרדפה. But they do it right away.

What do you have to do to be like Well, the Rambam has 40 24 cases where you put a person in חרם. Okay. 24. A lot. I think נידוי is only for 30 days. חרם was much much longer. Yeah, also how they do it. The shofar or whatever other shofar. For other people. No, even if you're in נידוי, you can. What's an example of one thing of something? Is it disobedience? A person doesn't listen to בית דין. It's called the בית דין doesn't come or בית דין פסק'ס and he doesn't listen. זאגט די Gemara, weiter, Rav Shimon bar Rabbi u'var Kappara, Rav Shimon the son of Rabbi, and bar Kappara, It's not general הלכה, this has to be specifically for for him? Or a a a פסק for the community, and he he doesn't listen? No, private. Two people have a din Torah. A beit din calls this guy to a din Torah, he doesn't want to come. Send him another הזמנה, and again a ספינה, and then, and then this, if he doesn't come, they put him in cherem. This is not being עובר on public, that's not Nothing to do with public. Even if it's in private. He's עובר on the רבנן, he's not עובר a עבירה against the other guy. Yeah, over an halacha. Yeah. Maybe I mean, maybe he was right for the other guy. Yeah, no one saying that he's right or he's wrong in the din Torah. A guy calls him to a din Torah, you have to come. A beit din calls you to a din Torah. Actually, there are a lot of things going on now in Beit Din, Vaad Harabanim D'Lubavitch. Whole discussion that, about someone wants to call din Torah, the other guy says the guy doesn't know what he's talking about. So the answer to him is 100%, maybe you're 100% right. Come to beit din, come to the din Torah, and you'll show that you're right. You can't say that a reason not to come, unless the guy says things which make no sense, but if the guy has a ta'anah, whether his ta'anah is right or not, the guy says, \"I want to call him to a din Torah.\" \"Why you want to call him to din Torah?\" \"I lent him money, he doesn't pay me.\" Now we don't know if he's right, we don't know if he has proof. That's a ta'anah. You're going to show a receipt that you paid? Weiter good, but there's a, if you're called you have to come. People try to drai zich aroys. Yeah, רב שמעון בר רבי ובר קפרא הוו יתבי וקגרסי, they were sitting and learning. קשיא להו שמעתא, they had a, some piece hard. אמר ליה רב שמעון אמר ליה רבי שמעון לבר קפרא, רבי שמעון said to בר קפרא, דבר זה צריך רבי. I don't know why he called him רבי. I guess he could call him even though it's his father. He said, \"For this we need רבי. In this something we have to ask רבי.\" I guess he could call him even though he was his father, but yeah. רבי שמעון בר רבי, but I guess it wasn't his name, it was his title, so. אמר ליה בר קפרא לרבי שמעון, so בר קפרא said to רבי שמעון, ומה רבי אומר בדבר זה? What's your רבי gonna say? Basically he's also not gonna know, I mean what's he gonna say already? אזל אמר ליה לאבוה, he went and told his father what he said. איקפד, so רבי got upset, רבי got angry at him. אתא בר קפרא לאתחזויי ליה, בר קפרא came and wanted to visit him. אמר ליה, so he said to him, בר קפרא, איני מכירך מעולם. Who are you? Called him by his name, but who are you? ידע דנקט מילתא בדעתיה, so בר קפרא realized that he's upset at him. נהג נזיפותא בנפשיה תלתין יומין. תלתין יומין, so he put like himself in cherem, he was מקבל נזיפה for 30 days. לגבי him, you know, because of what he did, and even though he didn't put him, he didn't tell him you're in cherem, but he saw that he's upset, that itself made him put himself in cherem.

פעם אחת גזר רבי שלא ישנו לתלמידים בשוק, there was once that Rabbi made a gezeirah that they shouldn't teach Torah to תלמידים outside. מאי דרש? What did he דרשן? It says חמוקי יריכיך כמו חלאים. Where it says חמוקי יריכיך, it should be hidden like a ירך. מה ירך, just like your thigh בסתר, it's always covered, אף דברי תורה בסתר. Torah also should be covered. יצא רבי חייא ושנה, but Rabbi Chiya didn't care, he went out, and he taught לשני בני אחיו, to two of his nephews, בשוק, he taught them in the street, laRav velaRabbah bar bar Chana. שמע רבי, רבי heard, איקפד, got upset. אתא רבי חייא לאתחזויי, and Rabbi Chiya came to see him, אמר ליה, he said to him, עייא! חייא couldn't say a חית. So he used to, when he used to say \"חייא\", Rabbi Chiya, he would say \"עיא\", עייא, עיא. So he made fun of him, and he say, \"עייא, ראה מי קורא לך בחוץ, go, someone's calling you outside there.\" Basically he said, \"Get out of here.\" See, he just said, \"Get out.\" ידע, so he knew, דנקט מילתא בדעתיה, he knew that he's upset at him. נהג נזיפותא בנפשיה, בנפשיה תלתין יומין. So he took upon himself a cherem for 30 days. Now ביומא דתלתין, on the 30th day, שלח ליה, so Rabbi sent, sent Rabbi Chiya to come, טוב, sent a message to him, he's calling him, \"Come.\" הדר שלח ליה דלא ליתי. Then he sent him a message again, \"Don't come.\" So הגמרא, מעיקרא מאי סבר ולבסוף מאי סבר? What was his sevara to make him come? What was his sevara not to come? So Gemara answered, מעיקרא סבר, first he thought, מקצת היום ככולו. This is the 30th day, you have to be in cherem for 30 days. So he held that we say even in this דין, מקצת היום ככולו, part of the day is like the whole day. We say it by אבילות, we say it... So he, first he thought we say the same thing here, so he's finished! So he said, \"Come.\" ולבסוף סבר, and he realized, he decided, לא אמרינן מקצת היום ככולו. We do not say מקצת היום ככולו, part of the day is the whole day, memeila he felt he shouldn't come. לסוף אתא, בפועל he did come on that day. אמר ליה, he said to him, so Rabbi said to רבי חייא, מאי טעמא אתית? \"Why did you come?\" אמר ליה דשלח לי מר דליתי. \"Didn't you send me a message I should come?\" So he says to him, והא שלחי לך דלא ליתי! \"Then I sent you a message not to come!\" So he answers, זה ראיתי וזה לא ראיתי! \"This I saw, that message I got, this message I didn't get.\" So it has to be, קרי עליה, so he called upon him, ברצות ה' דרכי איש, if ה' wants the ways of man, גם אויביו ישלים אתו. ה' wants, even your enemy... So in other words, it's min hashamayim that you came, in other words, I be'emet didn't want you to come, sof kol sof, and min hashamayim they pushed you to come, so the אייבערשטער wants, in other words, it's not up to you, the אייבערשטער... to make peace with you even though it's still in the middle of the cherem. Then he said, אמר ליה, מאי טעמא עבד מר הכי? \"Why did you do this?\" He said, \"You shouldn't learn outside. Why did you learn outside?\" אמר ליה, so he said, דכתיב, it says, חכמות בחוץ תרנה. חכמות will be sung outside, and it goes on Torah, so Torah is learned outside. אמר ליה, so he said, אם קרית, if you learned פסוקים, לא שנית, you didn't חזר. ואם שנית, לא שלשת, if you learned, חזר, but you didn't learn a third time, basically you don't know the פשט. ואם שלשת, לא פירשו לך חכמים, even if you learned a few times, you never got the right פשט in this פסוק. The פסוק you quoted, חכמות בחוץ תרנה, doesn't mean that. חכמות בחוץ תרנה means כדרבא, like Rava said, דאמר רבא, רבא said, כל העוסק בתורה מבפנים, anybody learns Torah inside, בכלל whoever learns Torah, which even inside, תורתו מכרזת עליו בפרהסיא מבחוץ. That the Torah, in other words People will know, in other words, is announced. In other words, it's you learn Torah inside, you get the כבוד for learning Torah, people know about you learning Torah anyway. Does Rabbi quote Rava? Huh? Does Rabbi quote Rava? Okay, so that actually when I was saying this, I was thinking, now the So no. Rabbi didn't quote Rava. Rabbi didn't quote Rava, the Gemara quotes Rava. Rava's, Rabbi told him this פשט. Later on we know this in the name of Rava, so the Gemara puts it in the name of Rava. Even though Rabbi said it? No, so the I see I see I don't know if I'm not I don't know if Rabbi said this פשט in the פסוק. Rabbi said this ענין. And and לפועל we see it we see it according to Rava. It's like we've actually we learned in Gittin, I mentioned this, the Gemara says there that that Rabbi Yishmael said something and Rabbi Ilai asked Rabbi Yishmael, how could you say this? And he quoted the Mishnah, it's against the Mishnah. So the מפרשים, the ראשונים ask, one minute, Rabbi Yishmael was a תנא, how could you ask a תנא a קשיא on a Mishnah? How How do you quote somebody that the Gemara quotes that he's that Rabbi Yishmael, Rabbi Ila'i said to Rabbi Yishmael something that's in a Mishnah which was written even after Rabbi Yishmael? So the answer is that when Rabbi Ila'i asked it, he didn't ask quoting the Mishnah. He asked from the din. We know the din from the Mishnah, we quote the Mishnah. So I bring an example. I

remember when the Rebbe asked us we who worked on the שיחות, the Rebbe like wanted to show that he has hakarat hatov, he's happy with what we're doing, so he gave us thanks. How did he give thanks? He gave us more work: take the Keter Shem Tov and print the Keter Shem Tov and make הוספות. So I remember we were working on the Keter Shem Tov, what what was we supposed to do? At any place in חסידות or in the שיחות where there's a vort from Baal Shem Tov, take it out from the from the שיחה and make it and make like הוספה. We did that. Came across one vort in a שיחה where it says the Frierdiker Rebbe says a vort from בעל... I even remember what the vort was. The word that אשרי is a ראשי תיבות אשרי Anyway, since Tzavaat Harivash? Huh? Tzavaat Harivash? No, no, no, it's not in Keter Shem Tov, it's not Tzavaat Harivash. We we It's in a שיחה of the Frierdiker Rebbe, but it says in the שיחה אשרי is a roshei teivot, I'll remind myself in a second, with a whole biur, כמבואר בלקוטי תורה, this and this biur. So we

had a problem, what do we do? We can't take out and quote this vort this is a quote from the Baal Shem Tov כמבואר בלקוטי תורה. Much later, Likkutei Torah. Alter Rebbe. So we understood the peshat, that the Frierdiker Rebbe chazart it over, in middle when he said the vort of the Baal Shem Tov, in middle of his vort he added כמבואר בלקוטי תורה. But but we're taking out So what we did was it was my decision, and it's printed like that, that the words כמבואר בלקוטי תורה, what it says in Likkutei Torah, we put in parentheses. We left the vort of Baal Shem Tov, the whole vort, and in the middle is parentheses. We didn't ask the Rebbe. We think should we ask the Rebbe what to do, we didn't ask. It's like the Reb Zusha story with the Gra. Yeah, well. You know, with the guy who was granted the dream and selling it to converts. You see, it doesn't... I took it from... I was surprised he knows the Yerushalmi. So he says, I took it from the Yerushalmi. Nobody... But they wouldn't say Likkutei Torah. He would say the vort, but not say the name Likkutei Torah. What? Why didn't you ask the Rebbe what to do? He's translating. We can't ask the Rebbe every little thing we're gonna ask the Rebbe? No, it's... To write it to settle to the Rebbe, to bother the Rebbe? Use our own brains to decide. So certain things we have to ask, but... Why is it such a problem? The Frierdiker Rebbe is quoting the Baal Shem Tov. And the Baal Shem Tov said כמבואר בלקוטי תורה? No, not the Baal Shem Tov said it. But the sichah We're taking the vort, it has a whole vort of the Baal Shem Tov. In middle of that vort of the Baal Shem Tov, it says on one of the inyanim, like it says in Likkutei Torah. So it's obvious the Frierdiker Rebbe said it. So, but so the sichah, it's fine. But what we're doing now is we're taking we're making a whole section, פתגמי הבעל שם טוב, מלקט from the different שיחות. Can we leave it like that? Obviously you put put it in something something in brackets. Oh, so we had to, but it doesn't say there like that. If it does If it's saying this שיחה is from the It doesn't say. We have to decide on our own. Yeah, we we we decided to do it, decide on our own that this is definitely not from the Baal Shem Tov, and it's put in, and we have to indicate. We had even a sevara to take it out. Footnote, something... Footnote. No, we thought to take out and make a footnote, a footnote or take out and put dot dot dot. But that's also not true, because dot dot dot means there's more to the vort of the Baal Shem Tov, which there isn't. So we so we we were so M'hat getracht ahin, getracht aher, but the vort, what is takeh the pshat when the Frierdiker Rebbe chazert it over, he put in, he inserted, and it looks like it's there. So I used that the same thing in the Gemara, when the Gemara says that to ask a kushya on Rabbi Yishmael, Rabbi Ilai asked Rabbi Yishmael and he quoted the Mishnah, he asked him a she'eilah on the din, when he quoted it כדתנן, you can't ask a she'eilah, you didn't Rabbi Ilai didn't ask a she'eilah to Rabbi Yishmael from the Mishnah. So the Gemara puts it in. The same thing here also, I was thinking when I was saying this, that Rebbe brings Rava. The Gemara quotes Rava, Rebbe said the inyan, and the Gemara says like we know from Rava. There's like a stop when he says the, right? No, actually it's not a stop. כדרבא, דאמר רבא. He said, אם לית you don't know the pshat. Yeah, כדרבא, he didn't tell him. Period. So what did he say to him? No, let me tell you and then the Gemara says כדרבא. No, he told him you didn't know you don't you didn't learn if you if you did learn you didn't chazar you didn't whatever you never got the right pshat. And he didn't tell him what the right pshat is? Probably told him what the right pshat is, or something. And the right pshat is quoted in the name of Rava. So I believe that's what it is. So how do you know where Rebbe stopped and where where the Gemara began? I דא עקא don't know. Da aka don't know. But if we would have to take this out and write a quote of Rabbi, we'd have a problem. Imagine we'd write someone would make a a connection of all of Rabbi's quotes. You can't quote this Gemara that Rabbi said to him like Rava said. So what would you do? So in the Gemara, when you say it, the Gemara puts it all, but if you take it out like over there, we took out the Baal Shem's words there's Baal Shem. I think we have a Keter Shem Tov here if you could look it up, you'll see it. If it did come from Rabbi, why does the Gemara quote it in the name of Rava? I guess maybe Rava said it later, which we heard in the name We know it from Rava, somehow. It da aka I don't know exactly which part. Yeah, it's But it definitely Rabbi didn't say Rava. But the one thing is clear: Rabbi did not say כדרבא. Is telling you, you know, brother. Yeah, but what did he say? The Gemara itself is telling you we know this from Rabbi, and then it's telling you I don't know the whole peshat. No, maybe like you said, maybe he just told him there's another peshat here. משבש, לית פירושא דא לחכמים. The Gemara fills it in. And he didn't tell him. He says that's not the peshat, you got it wrong. And the Gemara says, we know what it is because Rava. I don't know. We these these these are guesses. See, sevarot you could say, this is not sevarot, this is we're speaking of facts. This is what this כתיבה, this zero, we don't know. Well, Rabbi understood something. clearly what's going to happen later on. That, yeah, that yeah, that way. So why can you also not see that Rabbi The Gemara doesn't do that. The Gemara The Zohar, sometimes we have names... One of the re'ayot they said that the Zohar is fake when it came out that there are names in the Zohar, men, people who lived much more after the Rashbi. So there we say, sometimes, or it was ruach hakodesh, or it says it was another person with that name. But sometimes you say ruach hakodesh. But in the Gemara we don't find that a tana should mention something, ah, an amora, there's no such thing. It would be out of this world if this is the peshat. It makes sense that they understand everything at one point, and later on somebody makes it more... puts it in a phrase, makes it more popular, and then it Maybe he said the peshat, but he didn't use the words כדרבא, for sure not. The Gemara said Something has to be fixed here. Not fixed, but something we in our mind have to know that it's not pashut literally like it says here. Then the Gemara asks: But ktiv doesn't it say, לא מראש בסתר דברתי? The Eibershter says, \"In the beginning when I gave the Torah I didn't\" תורה, מתן תורה ישראל \"לא מראש, in the beginning when I gave the Torah, it wasn't hidden. I gave it in public.\" So don't we see from here that you do have to speak Torah in public? So the Gemara answers, ההוא ביומי דכלה. That's the day of the kallah. Kallah is when they used to get together, right? ירחי כלה. They used to speak and give big crowd there. There it has to be in public, there it has to be out. That's the whole idea of teaching people. But when you learn סתם בחברותא you learn with a small crowd, you don't learn outside, he said. Fragt the Gemara, now it's back, where רבי חייא האי חמוקי ירכיך מאי עביד ליה? Says The pasuk says ירכיך, he compared it to yarech and yarech is covered. What does he do with that pasuk? The braisos doesn't mean that they're outside of the yeshivah learning, the braisos? It just means outside of the There was this can stand alone, right? Braisos, were the braisos No, no, that doesn't mean they learn What did the No, no. Means it wasn't entered into the Mishnayot. It stayed outside. Not that you learned it outside. It stayed outside of the of the Mishnayot. Is that the taytsh, outside of the yeshivah? I thought No, it doesn't mean that. No, no. Doesn't mean they didn't learn outside. No. Not that inside yeshivah No. outside ישיבה, ברייתא? No, braita means outside, it means it was left outside, it was learned, it wasn't entered into I've never heard of Maybe I never heard of such a thing. I I thought I understood it like that once. No, I don't. So the

Gemara answers: מוקי לה בצדקה וגמילות חסדים. Where he says the pasuk where it says make it quiet, that's by צדקה וגמילות חסדים. Then you have to not boast, not this, people shouldn't know. And even on that, the Rashba, the famous Teshuvot ha-Rashba, where he says: מצוה לפרסם עושי מצוה, for a different reason. Be'emet for you it's no good, people should know, should do it בצנעה, הצנע לכת, but people should know that people will copy you. People hear, \"This guy is did such a great mitzvah, this,\" oh, they'll have קנאה, they'll also do it. Zogt the Gemara: תא שמע, שמואל ומר עוקבא. שמואל ומר עוקבא, כי הוו יתבי, when they sat, גרסי שמעתא, and they were learning, הוה יתיב מר עוקבא קמיה דשמואל בריחוק ד׳ אמות. מר עוקבא sat sat away from שמואל ד׳ אמות. וכי הוו יתבי בדינא, yeah, when they sat by a דין תורה, שמואל was the רבי of מר עוקבא, so מר עוקבא gave דרך ארץ to שמואל. And when they were sitting by דין תורה, הוה יתיב שמואל קמיה דמר עוקבא בריחוק ד׳ אמות. So שמואל sat away from מר עוקבא ד' אמות, והוו חקקי ליה דוכתא למר עוקבא בציפתא ויתיב עילויה, and they made מר עוקבא look, sit a little bit lower. שמואל was sitting on top. כי היכא דלישתמעו מילי, his words should be accepted, people will see that he like sits on like a stage or I don't know, he sat regular and he sat a little lower to show that his words mean more, so that's what he did. Okay, that just another shtikel. ההיא, ah? ההיא איתתא.

ההיא איתתא, there was this woman דהות יתבא בשבילא, she sat in the street, in the road, הוה פשטה כרעה, she, her feet was sticking out, דקא מנפצה כשלייא, and she was she was sifting כשלייא, whatever that is. Barley seeds. Okay. והוה חליף ואזיל צורבא מרבנן, and a תלמיד חכם passed by, ולא איכנע קמיה. She didn't do anything, she didn't stand up for him, she didn't כלום, she was sitting not in such a nice way. Walked by, a rabbi walked by, so you should have done. אמר, so he said, this תלמיד חכם, כמה חציפא ההיא איתתא. Look how kind of chutzpadik, chutzpah this woman is. אתאי לקמיה דרב נחמן, she came to Rav Nachman. Who? I don't know what it says. It says Rav Natan? הגירסא היא רב נתן. Oh, here it doesn't say, here it's just ר' נ', so usually it's Rav Nachman, okay, it could be Rav Natan. Rav Natan. It says Rav Natan. Rav Nachman? Rav Nachman. Rav Nachman. Normally ר' נ' is Rav Nachman, I don't know. אמר לה אמר לה, he asked, said to her, she asked him, \"What should I do? He said to me like this.\" So he said to her, מי שמעת שמתא מפומיה? Did you hear him say that you're in cherem? Because those days someone didn't give kavod talmid chacham, in cherem. This is where all the Misnagdim got this idea. By the time of the Baal Shem Tov everyone was asking, looking for כבוד התורה. The difference is between Tannaim and Amoraim, they takeh meant כבוד התורה, and by other people, emal emal m'iz zich arayn, can mix in also כבוד עצמו. Right, so then they they meant takeh the Torah. Yeah, they meant the Torah. אמר לי אמר אמרה ליה, she said to him, לא, he didn't say anything but cherem.

אמר לה, so he said to her, זיל נהוגי נזיפותא חד יומא בנפשך. So you don't have to go real cherem, but for one day behave as if you're in cherem for what you did. Okay. So that's as easy they could put someone in cherem, they could just walk by and say something, that's it, don't need a bet din? Yeah. If it's if you don't need if if he has right, if they find out that if it was wrong, it was no reason for it, then the cherem didn't count. A talmid chacham would put someone in cherem for not giving me kavod, not standing up for me? To us it sounds strange. Does the Rambam mention the 24, 24 ways that... Hilchot Teshuva. Because in the Gemara many places it says you put for this in cherem and another place, so the Rambam gathered it all together, I think... May I have your first call, please?