Chidushim on Daf Yomi

Above should be, he has heaven in mind.

ברכות יז,ב

When we do some chumra openly that others don’t do is considered יוהרא a sign of haughtiness, gaiva.
Putting on Rabbenu Tam’s tefilin, says the Aruch Hashulchan O’CH 34 after a long discussion that since many people currently put it on, it is not consirered yuhara. Similarly following the Rabbenu Taam waiting for 72 minutes, 4 mil after shkia on motzei shabbos as paskened by the Mechaber O’CH 261 is not yuhara.

There are three viiews when it comes to night. The Yereim, Rav Eliezer Mimetz, who holds that night coincides with the shkia and ben hashmoshos is 3/4 mil (18 minl) 12 1/2 min before it. Erev shabbos we follow this most stringent view with the most lenient view that a mil is 24 min. The geonim’s view there is a shkia and 12 1/2 min after it is tzeis hakochovim or night. Those who follow this are Rav Moshe Alashkar also known as Gaon Yaakov and the GRA. Finally Tosfas Pesochim (94,1) with the beginning words Rebbi Yehuda telling us the Rabbenu Taam’s view having two shkias. After the first shkia 58 1/2 min ben hashmoshos starts for 12 1/2 min and then another shkia occurs in conjuction with tzeis hakochovim. The follower of this view is the Mechaber SA O’CH 261,2 and the Minchas Kohen. Many follow the GRA and as many follow the Rabbenu Taam. The Baal Hatanye is interesting. In his Shulchan Aruch Harav he paskens like the Raabenu Taam whereas in his siddur, written later, he paskens like the GRA.

The idea of לועג לרש teaches us great mussar. Don’t hurt a poor person by telling him how well you are doing or for someone being out of job, don’t tell him how good your job is. When in cemetery, you must hide your tzitzis SA O’CH 23,1. Be careful what you say to people with a handicap. Don’t hurt people by speaking about things that they are missing. Don’t make fun of them because of their deficiencies.

ברכות יט,א

We have to be careful not to speak on the dead badly. They might have been punished already. Also, they are not here to defend themselves. Lashan hara applies infront of the person, if there is somone else there as you are ashaming him.
We find the story of the snake like round oven in Bava Metzia (59,2) where therr was a ruling, לא בשמים היא the Torah is not in heaven. The Deroshos Haran 7, explains that once the Torah was given down to earth, we must understand it with human understanding. Even though Rebbi Eliezer was mechaven to the truth, if the majority could not understand it, they could not follow it. Tosfas there asks the question, so why rely on the bas kol to pasken like Beis Hilel. Tosfas answers that there the bas kol agreed with their human understanding. The Beis Shamai were sharper, greater in quality and the Beis Hilel was greater in quantity, by the number of people, so the Torah is telling us that more people’s views brings to a better understanding.
See the Chinuch 496 where Hashem said that they have won Me over. They are willing to set aside the truth to protect the Torah by following the majority for the greater good.

ברכות יט,ב

The Rambam holds in Sefer Hamitzvos Root 1, that a rabbinical gezera or enactment is authorized by the Torah, under לא תסור, do not sway from the words they tell you right or left. He also holds that a biblical safek is according to the Torah be ruled leniently. The chazal say that their safek is ruled leniently whereas biblical safek is ruled stringently. So question is why, what is the difference when they are both biblical? They answer
הם אמרו והם אמרו, as the whole rule is instituted by chazal, they can decide how to deal with it.
The Rambam Hilchas Kilaim (10,29) explains that for wearing rabbinical kilaim (shatnez), the respect for the individual supersedes the issur, so we don’t tear it off him whereas for biblical kilaim, the issur supersedes the respect.

The Rashba in Rosh Hashanah 15,1 asks the question, how could the chazal make a gezara to eliminate shofar on Shabbos when the Torah says to blow? He answers that baal tigra (diminish) does not apply to the chachomim. Does he argue on the Rambam above? As the first day sukkos is the only biblical mitzva. of lulav, did chazal remove the the biblical mitzva completely if it falls on shabbos? The Taz YD 117, says that if a mitzva is specified to do it even on shabbos, they cannot remove it. From the pasuk it looks like we should take the lulav on the first day even it falls on shabbos. They ask a question why do we asser on shabbos to blow shofar because of carrying and not because of making music? They answer that then they would eliminate shofar completely on both days.

ברכות כ,א

The question about mirales is because they were about a few generations apart from Rav Yehuda. We have the students, Rebbi to Rav to Rav Yehuda to Rabeh to Abeya. They questioned, why they are not worthy of it?
Why do we have to be worthy of it? Why doesn’t Hashem bring miracles to believe in Him? I heard an interesting idea. Hashem proved himself already. A doctor does not have to get a license MD everytime. Once he got it, he is accepted in the American Medical Assodiation as a full pledged doctor. The previous generations who were weak in their emunah needed miracles. We have inherited our emunah and know about the miracles, we don’t need to be shown more.

The answer to showing favoritism by Hashem needs some explainations. To praise for Hashem’s provision can be the benefit of the provision itself or the appreciation of the provider. We appreciate a small because it comes from ‘Hashem’. Similarly, as we show appreciation for the small amount given, Hashem judges us on a level of a human being and appreciates the small amount of mitzvos we perform and show favoritism for it.
Another explanatiion I heard, do we eat to live or do live to eat? Do we make a brocho to eat, or do we eat to make a brocho? In the first case, the importance is the food, so it needs a shiur whereas in the second case the importance is the brocho. so the food is not as important and we get rewarded by showing favoritism
to us.
The Chasam Sofer asks that according to the Rambam where making an unnecessary brocho violates לא תשא, do not utter my name in vain, how can we make a brocho on something we are not mechiyuv to make on? He explains that when we care about brochos, we will be blessed that a small amount will satiate us and therefore we will be mechuyav to make a brocho on it and will be rewarded accordingly.

ברכות כא,א

To understand the statement, wouldn’t it be good if we could daven the whole day. The Chidushei Harim asks why is eating dust a curse for the snake, when dust is available everywhere? Hashem told the snake, here is your food and don’t bother Me. Hashem told him, I don’t want to do anything with you. We thank Hashem that we can daven to him על שאנחנו מודים לך for the fact we can praise You. ‘הללוי-ה הללו את ה we praise Hashem for being able to praise Him and He does not push us away from Him. מתאוה הקב’ה לתפלתן של צדיקים, HKBH desires and enjoys the prayer of the pious. We are happy that we can daven and would like to do it the whole day since it brings us closer to Hashem as the word קרבן means being close.

To correct an error in reply #1824798 ben hashmoshos is not 12 1/2 min but 3/4 mil = 3//4 of 18 min = 13 1/2 min.

People daven with the baal tefila directly, on purpose, the Elyah Rabba (109,9), who was a talmid of the RMA, says that it can be done directly.

Should be above, he is speaking. so why is that not a hafsek in the middle of shmonei esrei?

ברכות כב,א

The Shagas Aryeh 67, discusses the Rosh, whether currently the rule חייב אדם לטהר את עצמו לפני הרגל one should purify himself for the holidays applies as we have no Beis Hamikdash and no sacrifices. He rules that it does not.
Similarly, חייב אדם לקבל את רבו ברגל a person is obligated to visit his Rebbi on holidays. The Noda Beyehudah rules that currently it does not apply. The shechina is stiil at the place of the Mikdash and since he can’t go there, he can’t see his Rebbi either, otherwise his Rebbi becomes greater than the shechina.

ברכות כד,א

We will discuss whether we can say krias shma infront of married woman’s uncovered hair. The gemora says that hair is erva. In SA 75 MB establishes, in the beginning of the siman, the difference between real erva and hair. Real erva, an uncovered body part of a women, must be covered for davenen. Hair is not real erva. The issur is hirhur (distracting the mind) which can be remedied by either closing the eyes or looking away. Some say that closing the eyes is not enough, therefore, the remedy is looking away.
The Aruch Hashulchon there s’k 7 recognizes a rampant problem of women not covering their hair and that itself is the heter. He cites from the Mordechai in the name of the Ravyeh that when people become accustomed to a bad behavior, it does not affect them anymore. Therefore, hair will not cause hirhur and men can lein krias shma infront of them. The MB’s view is that two wrongs don’t make a right, and the same way biblically they have to cover their hair on the street, so to do they have to cover there hair among men.
Over here, we see that Torah does not seem to accept this ruling, otherwise why cover the hair?
We find by a sotah that her hair is being uncovered to ashame her, so normally her hair is covered.

ברכות כד,,ב

The Aim Habonim Semecha discusses in great detal about going to Eretz Yisroel.
Before the coming of meshiach, we must build the Beis Hamikdash and on top of that will come the one from fire. This effort should be done in unity by having everyone willing to participate. The Tosfas Yom Tov in Perek 5 of Maaser Sheni mishna 2 quotes the Yerushalmi there. A prove to this is from Nachem. It says there I will be, Hashem says, a wall of fire ‘around it’. Around what? This indicates that the wall of fire will come from above on top of the Beis Hamikdash we build.
The Aim Habonim Samecha says that this redemption will come slowly, so we have to contibute to it by going to Eretz Yisroel whereas the Mihchas Elozor from Munkatch holds that this happens spontaneously, so we must stay in Chutz Laaretz until Meshiach comes. The Aim Habonim Samecha, who happens to be a student of his, says that we are not on the Minchas Elozor’s level to be worthy for a spontaneos redemption, but he will arrive as a poor person riding on a donkey.

ברכות כה,א

There is a common shalah in Yechaveh Daas (3,1) from Rav Ovadyah Yosef ztz’l someone in the middle of tefila goes to the bathroom, should he wash his hands there? Even though we separate the toilets by doors and they get flushed, it is better to wash the hands outside. If he does wash his hands there, the brocho should certainly be made outside.

כל הנשמה תהלל י-ה We should not forget to praise Hashem for every breath-take.

כל עצמותי תאמרנה ה’ מי כמוך – All my bones say Hashem who is like You. Keeping my body healthy and intact, who else can do that.

People shokel by davenen to have the whole body daven. I heard that some rebbe was questioning the shockeling right to left saying we should indicate ‘yes’ by shockeling forward and backward rather than ‘no’ by shokeling right to left. Reb Moshe ztz’l stopped shokeling because of a story I heard. A Russian soldier pointed a rifle at him and he was so shocked that he could not move. He said I want to apply this feeling towards Hashem.

GH, A joke comes to mind, a galach once asked a Jew, how come that by you there are no levels, eveyone is a rabbi? The Jew answered him, by us you can become god.

ברכות כו,א

The RMA SA O’CH 89,1 says that we can’t daven shacharis after chatzos. The question is, as davenen is based on the tamid and mincha starts at 12 1/2 hours when nightly tamid starts, what about davenen shacharis in the half hour from chatzos until mincha starts? The MB s’k 7 there discusses this.
In reality mincha starts from chatzos (according to the GRA, who says on the first mishna in the masechte that speaking in plural, nights means after chatzos when sun turns west and the shkia) but chazal had us wait an extra half hour to be sure to daven mincha the proper time, therefore we should not daven shacharis then, rather daven two mincha shmonei esreis for makeup. If we already davened shacharis then, we don’t have to repeat it.

If the time ran out for mincha and he forgot yaleh veyavo but at night it is not Rosh Chodash anymore
should he daven two shmonei esreis? The Tur 422, brings an argument. The Ri holds why say it with no benefit, but the Chachmei Province say that, if yaleh vayavo is left out, it is not considered davening. The Rosh rules that he should daven betoras nedava and nothing new needs to be added, because the davening itself is out of the ordinary.

The difference above in davening until chatzos is derived from the gemora above כד,א.

When it comes to mincha we find three times:
מנחה גדולה – 12:30 as mentioned above the sun moves west. – 6 1/2
3:30 – מנחה קטנה sacrifice of tamid – 9 1/2
4:45 – פלג המנחה calculated the time difference between night which is at 6:00 and 3;30 = 2 1/2 hours and the middle of this 3:30 plus 1 1/4 =
adding up to 4:45 on a normal day where the day and night are equal.
11 – 1/ 4 = – 10 3/4

ברכות כז,ב

אמר רב יהודה אמר שמואל מתפלל אדם של מוצאי שבת בשבת ואומר הבדלה על הכוס Rav Yehudah says in the name of Shmuel a person can daven the tefila of motzei shabbos on shabbos and make havdoloh. How can you do work when it is still shabbos? It is paskened in SA O’CH 293,3 that if someone must rush out on motzei shabbos for a mitzva, he can daven and make havdoloh without candles and not do any work until night. The RMA says that we should pull slowly והוא רחום in order to postpone the time when shabbos is out for the souls returning to gehinom. Over here it is beneficial to follow the Rabbenu Taam to have an excuse, if needed, to return to the gehinom later.

My Rebbi, the Mattersdorfer Rav, Rav Shmuel ztlz’l said, it says ‘א-ל דעות ה if there is no knowledge, how do you differentiate. It is easy to differentiate between a tzadik and a rasha but when they are both uttering the name of Hashem, we need special knowledge to discern who means it lashem shomayim.

ברכות כח,ב

ולא אכשל בדבר הלכה וישמחו בי חברי I should not stumble in a halacha and my friend will rejoice. Asks the Chasam Sofer, how can a friend be happy on my mishap? He answers that he is happy that he was there to correct me and I did not make a mistake.

ברכות כט,א

אל תאמין בעצמך עד יום מותך don’t trust yoursef until the day of your death. The Chasam Sofer explains the mishna in the beginning of Pirkei Avos, when it comes to others, הוו מתונים בדין, wait with their judgemet by looking at the good in them whereas when it comes to youself, don’t trust yourself and crreate many students and protective barriers.
The mishna there (2,5) is explained by the Midrash Shmuel that iits answering the four excuses why people don’t want to join a tzibur.
1. I am better than them — don’t trust yourself.
2. They are no good – don’t judge your friend until you put yourself in his place.
3. They don’t want to listen to me – don’t say something that is not acceptable.
4. I join later – don’t say, I wll learn later when I have the time because maybe you will never have time.