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Come to think of it: Both the cheese and the eggs might be treif. The cheese made from cows undergone that stomach procedure and the eggs from a chicken that was a treifa.
Bottom line, do you announce that the afikoman is hefker before the children steal it, so that they should not be oiver on geneivah ( which applies even as a joke or game). Parents are required to prevent their children from fom being oiver aveiros, and the simple solution is to make the afikomon hefker. Do you do this, or not? If not, why don’t you?
April 7, 2019 3:48 pm at 3:48 pm in reply to: Wife/Mother sitting at head of shabbos table? #1710564Round table for the seder, so everyone is sitting at the head table does not acknowledge the special role of “bizchus noshim tzidkoniyos” in the merit of the righteous women did we become redeemed from Mitzrayim. Certainly at the seder, the woman of the house should sit at the head of the table.
why the mods allow this” See reply #1710015 earlier in this thread: Mod 25 thinks I am cute.
DY, I will not stoop to name calling and will ignore that you call me a troll and a clown. If you can reply intelligently with sources, please by all means do so. But if you can’t, (as is obvious), who is resorting to name calling?
Is adding a chumra distorting or mocking halacha?
I am open to hearing and accepting if you can back it with sources – like I do.
Do you not have any chumros?
Do you disagree with Ramban that it is a mitzva to add chumros?
Do you think the Mesilas Yeshorim is distorting and mocking halacha by telling us that perishus by adding chumros is good?
Do you have a source that eggs are paraveh and if so one must NOT treat them as fleishig?
Chazal gave a HETER to eat honey – because it is produced seperate from the bee. That implies that eggs would be part of chicken.
Chazal use a possuk to show that milk is not meat – because the Torah prohibits eating/cooking meat with milk. Implying, without the possuk, milk would be meat. Applying to eggs, where there is no possuk, eggs would be fleishig.
I stress, as a chumrah, not “midina” (halacha) but as a stringency.
Do you have sources that eggs are parave? – bring them! But making up “halacha” without sources is in itself a mockery and distortion which you commit.
BTW – the Ramban counts the chiyuv of קדש עצמך במותר לך (to add chumros) as one of the 613 mitzvos!
michaelbardaniel, You are concerned about baal tosif and say that the 613 are enough..
.I suppose you haven’t heard of אמר רבא קדש עצמך במותר לך (Yevomos 20a), to take on chumros on things which are muttar is actually a good thing,
It is discussed in Sefer Mesilas Yesorim (worth learning):
“והנה כלל הפרישות הוא מה שאמרו זכרונם לברכה, “קדש עצמך במותר לך” וזאת היא הוראתה של המילה עצמה, פרישות, רוצה לומר להיות פורש ומרחיק עצמו מן הדבר, והיינו שאוסר על עצמו דבר היתר, והכונה בזה לשלא יפגע באיסור עצמו, והעניין שכל דבר שיוכל להיולד ממנו גרמת רע, אף על פי שעכשיו אינו גורם לו, וכל שכן שאיננו רע ממש ירחק ויפרוש ממנו”.
“perishus” means to take upon oneself as prohibited something which is permitted. (-as a “chumra” )See also Ramban beginning of Parshas Kedoshim that explains the beauty and necessity for taking on chumros.
So don’t worry about Baal Tosif, it’s ok and even recommended to add chumros (yes, above and beyond the 613).
תשובה מהר”י מינץ צו רבינו פרץ לולבים מורכבים,
רבים אומרים זנתה תמר
, ואני יחיד מה אענה מה אומר,
עליך פרץ להפוך בזכותה,
אמך הוא לא תגלה ערותה.Chazal gave specific reason why honey is muttar – even though it comes from bees (a sheretz), without the reason, honey we wouldn’t be allowed to eat it..
Milk, the Torah specifically excludes it from being considered meat by forbidding us to eat/cook milk with meat. without that, it would be considered meat/fleishig/bsari.
Eggs – where is the hetter to consider them paraveh? There is a heter for them not being eiver min haChai, but what hetter is there to consider them paraveh?
Even if they are paraveh (as is the minhag of many Yidden), my query is :
Anyone keeping the chumra of treating eggs like fleishig (because they are produced by chicken)?
Like not cooking or eating eggs with milchigs and waiting 6 hours after eggs before eating milchigs.The famed teshuva (which you likely are unaware of) about lulovim merkovim was a dispute between Mahari Segel and the Geonim of his time, he asked Rabbeinu Peretz to support him, Rabbenu Peretz replied with witty puns:
,רבים אומרים זנתה תמר
ואני יחיד, מה אענה מה אומר
עליך, פרץ, להפוך בזכותה
אמך היא – לא תגלה ערוותה
Several pesukim were used as puns.LerntminTayrah “I’m fully aware of his witty pun. But the Torah is not for witty puns.” To criticize a recognized tzaddik and talmid chochom who is revered by thousands, with a comment that has no basis other than “your” incorrect position (because Torah can and is used for witty puns by Gemara, Rishonim and poskim) – I find that offensive. Do you maybe consider yourself frummer or have more kovod haTorah than the Satmer Rebbe z”l? I need to be mocheh!
Gedolim, Rishonim onward to pokim in Sh”t, use puns/double meanings from psukim to highlight a point.
(a famed T’shuva about lulovim merkovim – grafted palms used for lulovim quotes the possuk “zonsa Tamar” – Yehuda’s daughter-in-law Tamar also means palm tree).
There are even puns in Gemarah!
(example, Pesochim 9b about the concern that a weasel may drag chometz around the house and leave it in a spot already checked for chometz, the Gemara asks: וכי חולדה נביאה היא, as a pun on the name Chulda HaNeveah)
The Rishonim or Gemara held that they could use Torah “for witty puns” of Torah, but you must have higher standards than they.
The OP assumes that readers have a favourite, hence the question: “what your favourite”
Why would the OP assume that non-Lubavitchers have any favourite Chabad nigun?!
Wouldn’t the better question be: “Do you like any Chabad nigumim, and if, so what is your favourite”?If you can’t explain something like why eggs shouldn’t be fleishig, do call the question “mishugas”?
iacisrmma, you might have missed the word “chumra” of treating eggs like fleishig . No need “every kosher store serving hot breakfasts would have to close down” for a “chumra”. Besides, even if you accept the “chumra”, no need to close down any kosher eatery, just don’t eat the eggs with milchigs (and wait 6 hours after eating them) , and you are fine.
LerntminTayrah, “There’s a famous maaseh about the Satmar Rebbe speaking with Rav Bick. The Satmar Rebbe was upset tha tcouples were meeting 8 times before getting engaged instead of 2. ”
Addition to the story: The Statmar Rebbe Z’L quoted possuk “Katzyi m’bnei Chais” (Rivka told Yaakov I am disgusted with the people of Chais – so get a shidduch elsewhere), using it as a witty pun Chais = 8 in Hebrew, that he, The Rebbe is disgusted with the people of “eight” dates.
April 5, 2019 7:06 pm at 7:06 pm in reply to: In the Purim Spirit: Women are required to Ad dlo yada 😂🤣😂🤣 #1710034Lifting up from the ground a potted plant that has a hole in the bottom – is considered uprooting the plant from it’s source (it gets “yenika” from ground)…but this is not part of the discussion here.
Yabia Omar – “I don’t think anyone holds that eggs are basari. Is this another meshugas from our brothers from the north?” I was talking about a chumra, to treat eggs basari. But why do you think it is so poshut that eggs are not besari? Poskim speak why eggs are not eiven min ha’chai, but if the eggs have gidim (viens) attached, they are eiver min ha’chai, and have a full din of basari.
Do you have a clear hetter for treating eggs as paraveh?
YW Moderator-25,
There are two applicable definitions of “jerK”, which one (or both) do you mean?
Definition of jerk
1a : an annoyingly stupid or foolish person
was acting like a jerk
b : an unlikable person
especially : one who is cruel, rude, or small-minded
a selfish jerkWolf, if you ever saw hand made matzos being made, gebrokts on Pesach is a HUGE kula these days. In olden days, as long as the dough was worked on, the 18-minutes did not begin, but today we are makpid on 18-minute matzos from start to finish.
When the flour and water is mixed in the bowl to make dough, they spend a very short tie on the mixing. It is IMPOSSIBLE that every speck of flour was mixed with the water in such a short time.
The speck of flour that remained, even a MASHAHU (a microscopic amount of flour) if at a later time comes in contact water, WILL become chometz and it is not botel.
In today’s matza processing, gebrokts is a serious concern, more than in previous doros.
April 5, 2019 6:20 pm at 6:20 pm in reply to: In the Purim Spirit: Women are required to Ad dlo yada 😂🤣😂🤣 #1710001Who is talking about planting? Of course planting is different!
I only used specific examples of cooking/baking on shabbos (and murder).
Ziongate – “Do you eat soft/hard boiled eggs? Maybe it had a blood drop (blitztrop) ?”
Indeed, if you open a hard or soft boiled egg and find a blood spot, it should be discarded (today’s eggs Reb Moshe paskened do not have “real” blood – b’dieved or b’hefsed meruba).
The shayla is – how do you know the egg you are eating comes from a kosher chicken, the chicken might have been a treifa (broken limbs or sickness that renders it a treifa)? Are we somech on “rov” (majority) or a chazaka?
A chicken which is a treifa (alive but won’t survive a year) that laid eggs, those eggs are not kosher.
Yet, we ignore that possability!
shrags – “Then you cant eat honey. It would be not kosher.”
Honey is different. The Gemara gives two reasons why honey is muttar (and not considered something that came from the be),
The Gemara Bechoros 7b explains that honey is kosher since it is not an actual secretion of the bee; the bee functions only as a carrier and facilitator. Honey is kosher flower nectar, which enters the bee’s honey sac and is transformed into honey.
The second opinion in the Gemara permits honey because of a g’zairas hakasuv, a deduction from a pasuk (Vayikra 11:21 Ach es zeh).
Therefore, the halacha is that honey is kosher despite the fact that it comes from the non-kosher honeybee ( Shulchan Aruch Y.D. 81:8).
These reasons would not apply to eggs (to differentiate them from being part of the chicken).
Joseph – Chazal made chicken as fleishig as meat. See chullin 116a .
Wolf, morally bankrupt would be to eat eggs with chicken. Eggs and cheese is muttar, unless you take on the new chumra I thought of, to treat eggs as meat…which makes sense. True eggs are not mamash eiver min haChai, but to say it is not like meat …
meno – milk indeed “would” be like meat, except the Torah specifically excluded milk to be considered meat by forbidding milk with meat. Indeed, the Chassam Sofer holds that milk is “really” meat (except in relation to meat), therefore one cannot eat milk with fish because milk = meat, it is the same sakana as eating meat with fish.
Wolf, maybe you are machmir to be maykil.
That too is a chura. To be makpid on keeping kulas.
Keeping in mind that an egg inside a chicken is considered meat and part of the chicken. It requires soaking and salting like meat. Once the egg is laid, it’s status of meat is removed. It becomes it’s own entity…maybe a chumra to treat it like meat makes sense.
Consider the fetus, while in mother is considered its own entity…
April 5, 2019 1:37 pm at 1:37 pm in reply to: Bdikas Chometz: Hid 10 pieces of bread but found 11 #1709894laskern – “For whom are you bodek? Aren’t you moving to EY where you will also be bodek?”
Read over the halacha, link above. You will see CLEARLY that even if you NEVER (ever) return, you MUST do bdika. It does NOT help if you only make a bdika at your new location.
This is the halacha – read the CAPS:
If one leaves his house and intends to return after pessach (FN 2 Shulchan Aruch HaRav adds that THE SAME APPLIES IF HE NEVER (EVER – N E V E R) WILL RETURN TO THIS HOUSE)…if he leaves within 30 days of pessach (after purim) he is required to do bdikas chometz AT NIGHT without a brocha…
When the shusher is shushing during shemone eisrei, it disturbs everyone. If I shush the shusher then, I might be adding to the disturbance.
Is there any eitzah or way to shush the shusher during shemone esrei without adding to the disturbance?
Maybe I should pre-empt the shusher by shushing the shusher before shemonei esrei begins – putting the shusher on notice not to shush during shemonei esrei?
I am not posel anyone.
Those that were possul were possul long before my involvement.
And I mean no one in particular.
(But if the shoe/hat/glove fits – it was intended for that person).I am mechanech!
I am marbitz Torah!
I am mochayach (which is a chiyuv of Hochayach Tochiach – so it is a mitzva assei)!
Everyone should do these.
And no one’s feathers should become ruffled if I point out their mistake.
April 5, 2019 12:09 pm at 12:09 pm in reply to: In the Purim Spirit: Women are required to Ad dlo yada 😂🤣😂🤣 #1709859Compare mitzva to aveira: When is a person a rotzayach (murderer) – when he shechts a person or moments later at yetzias neshama?
Nafka mina: when does he have a din of rotzayach? When he does the shechita of a fellow yid, or whenthe yid actually does?
Suppose a person places dough into an oven or a pot of uncooked food on a flame on shabbos – when is he a mechalel shabbos and hence possol l’eidus: at the time of placing the food into oven, or when it is partially baked/cooked?
The mitzva of ad dlo yada components of drinking is like the component of placing food on fire on shabbos. That is not the mitzva or issur. It is a hechsher mitzva/aveira. The mitzva/aveira crystalizes when he reaches ad dlo yada/bishul. That is when he is mikayem the mitzva or aveira and hence only then by the avaira possul l’aidus.
You understand?
April 5, 2019 10:58 am at 10:58 am in reply to: Going t Kever Rochel – “Mama Rochel helf mir” #1709854Sam Klien – you are playing with the word “dependent” on others besides Hashem. Hashem gives us life, yet you “depend” on your food to live. Would you die without food? It is a true statement that the food gives you life…It is a true statement that Hashem gives you life. But the two dependencies are not identical.
We go to a doctor not just for “advice” (as you write) but to heal us. Yes, it is a true statement that the doctor does heal and it is a true statement that Hashem is the healer of all flesh. We depend on the doctor. We depend on Hashem, and the two dependencies are not identical.
We go to a Tzaddik. We depend on him. And we depend on Hashem. How can we “depend” on a Tzadik? The same way we can depend on food to sustain us and a doctor to heal us – which does not diminish our dependence on Hashem for life and healing.
People who think they know everything become annoyed when they meet someone that actually does.
The reality check is needed for those that think they know and spout their thoughts irresponsibly and get offended when their ignorance is proven.
There are no clouds in my forecast.
Wolf, No, c”v to think of yourself as “complete” idiot (your words). The underlying question of why indeed do we make a brocha of “l’haneach tefilin” and not “likshor tefilin” – as loshon ha possuk, is well discussed, though many might not know of the discussion.
I will cite a bit on the topic:
שו”ת מהרי”ט
לפיכך אין מברכין וצונו “לקשור” תפילין כמו שכתוב בתורה וקשרתם לאות על ידך, משום דאין כונת התורה באומרה וקשרתם על ההנחה, אלא על הקשר שצריך להיות ברצועת התפילין, וכונת הכתוב שיעשה קשר ברצועת התפילין כדי שע”י זה יהיה אח”כ לאות על ידך, דומיא דקרא דוכתבתם על מזוזות ביתך שאין כותבים אותו על הבית אלא על הקלף, כדי שאח”כ יוכל לקובעה על המזוזה של הבית, ומזה הטעם שאין מברכין על הקשירה שהיא רק הכשר בעשיית התפילין, אלא מברכין להניח שהוא עיקר המצוה, עכ”ד.
That the k’shira is not the mitzva, the intent of “u;keshartem” is thatt the tefilin should have a kesher when placing it on hand. Just as mezuzah the possuk says “v’kesavtem” but the mitzva is not to write the mezuzah on the doorpost (the writing is on the parchment), but to place it there.שו”ת הר צבי או”ח א סימן כג ד”ה ומעתה ניהדר :
אלא דיש לעיין, אם הקשירה היא מגוף המצוה או שעצם המצוה היא רק מה שמונח על היד והקשירה אינה אלא הכשר למצות ההנחה, וכן נראה מלשון הברכה: אשר קדשנו במצותיו וצונו להניח תפילין ואינו מברך לקשור תפילין ויש קצת ראיה לזה – “ר”ש בן אלעזר אומר מעשה באשה אחת שנישאת לחבר והיתה קושרת לו תפילין על ידו”…, אלא על כרחך, זה שאשה קושרת, הוא משום דאין הקשירה וההידוק חלק מן המצוה אלא ההנחה שלאחר ההידוק בלבד, היינו, שמצות הנחת תפילין היא, שיהיו התפילין קשורים על ידו וראשו.
after asking if keshira is part of mitzvas tefilin, concludes that it isn’t, some proof derived from fact that woman made kesher…שו”ת מנחת שלמה תנינא (ב – ג) סימן ב ד”ה בתחלה הנני
בתחלה הנני להעיר, שגם דעתי העניה מסכמת לדבריך, דאם קשר תפילין כשהוא קטן ובעודן עליו נתגדל דאינו צריך לחלצן ולחזור אח”כ ולהניחן … נמצא דעצם פעולת הקשירה לא מעלה ולא מוריד, ועיקר כונת הכתוב בוקשרתם הוא רק שיהיו התפילין מונחים , ואף אם הונחו מאליהן אם מתכוין עכשיו למצוה שפיר מקיים מצות תפילין.
the mitzva is that the tefilin should be on the hand, not the tying or even the placing, if they were placed on their own, if he intends for the mitzva, the mitzva is fulfilled.April 5, 2019 9:35 am at 9:35 am in reply to: In the Purim Spirit: Women are required to Ad dlo yada 😂🤣😂🤣 #1709769laskern – was avrohom mekayim the mitzvah of kiddush Hashem in Ur Kasdim when Nimrod threw him in the fiery furnace? He survived.
We must must assume (since avrohom – avrom at the time) kept all the mitzvos includiong d’rabbonon), we must assume he made a brocha al kiddush Hashem – and now he survived, was it abrocha l’vatala?
Your “mehalech” (approach) by ad dlo yada is that the mitzvah is only accomplished/completed when s/he falls asleep, so by kiddush Hashem it would only be completed when he dies.
Just as by ad dlo yada, you wrote “the part to fall asleep he was not mikayem’ likewise you must hold that Avrohom/Avrom was not mikayem the part of kiddush Hashem of dying.
Really?!
Syag – I just happen to have the knowledge to back up what I say. That makes me different than others that I insult when they claim halachic/Torah positions that are incorrect. By posting misinformation in a public fprum, others are mislead. in such a case, one must not sit idely by and remain silent. There is a chiyuv to point out the mistake and correct it.
When I “insult”, I try to mirror back the concept or words said to me or others. In this case the comment was:
“you realize that every major acharon except the Baal Hatanya poskens that mitzvah habah b’averah is still yotzi b’dieved? Did you accidentally out yourself as a Lubavitcher again? Or, is this all part of your incredibly intricate CR account build?”
the implication that I am Chabad I mirrored back with ” learn Tanya all day”, and the adage “kol haposel b’mumo posel’ – one uses his own fault when faulting others.likewise refering to Rav shulchan oruch as Baal Hatanya is like refrencing the Mishna Brura as the Chofetz Chaim.
bottom line is that I can cite chapter and verse to back points I raise. Others use their own mind set, sevoras ha’beten and simply if they don’t know of it, it must be wrong. That makes me stand head and shoulder above them, on my “high horse” (if you will), while herding cats.
Sam Klien – ‘On a separate note anyone could have also watched the funeral live online or listened to it on the kosher phone and saved many wasted hours of traveling that those travel hours could have been used to learn extra as a zchus for his neshama.’
i cited the chiyuv of going to a levaya, the halacha: “mevatlin talmid torah l’halvoyas ha’mes” – we abolish learning Torah to attend a levaya. But you still miss the point. You seem to think that the focus of the levaya is on the living. There fore they can see the levaya remotely, on line etc.
How is watching the levaya on line an act of levayas ha’mes?! Do you think “hashgocha” is the purpose of a levaya 9to supervise_?! Hashgocha can and is done by watching remotely on line, but partcipants in a levaya are not mashgichim.
Next time you are hungry, watch the food on line and let us know if it satisfied your hunger.
April 4, 2019 11:16 pm at 11:16 pm in reply to: I finished Shas, Tur and Shulchan Oruch! I am so proud! #1709689Milhouse, do you happen to know Rabbi K from BMG?
April 4, 2019 10:45 pm at 10:45 pm in reply to: I finished Shas, Tur and Shulchan Oruch! I am so proud! #1709680there is a second mention of this in Chasam Sofer:
That the query arrived during unsettled days when these women move around everything (during cleaning) from corner to corner, that even my seforim are misplaced and cannot be accessed.
שו”ת חתם סופר (חלק ו, ליקוטים, סימן ל): “יקרת מכתבו הגיעני בימים האלו ימי טלטולא דגברא דהני נשי דידן מפנים חפצים מזוית לזוית אפילו ספרים אינם מוכנים לי לעיין”
Neville, instead of learning Tanya all day, you should open a Mishne Brura and have a seder in Gemorah . ‘ain am haaretz chosid”
April 4, 2019 10:37 pm at 10:37 pm in reply to: I finished Shas, Tur and Shulchan Oruch! I am so proud! #1709673Milhouse,
Besides the Chasam Sofer – apologizes to his correspondent for the brevity of his response, explaining that he has no access to his seforim because the נשים צדקניות have expelled him from his study so they can clean it for Pesach.
שו”ת חתם סופר (חלק א, אורח חיים, סימן קלו): *”היותי חוץ לחדר לימודי כי גרשוני נשים צדקניות המכבדים ליום טוב של פסח על כן לא יכולתי להאריך ככל הצורך”.*Also the Nodeh B’Yehuda – apologizes to his correspondent for the brevity of his response, explaining that he has no access to his seforim because he was expelled from room to room as they clean it for Pesach.
שו”ת נודע ביהודה (מהדורה תניינא, אורח חיים, סימן נז): *”ונוסף לזה אין לי מקום פנוי ואני מטולטל מחדר לחדר ומזוית לזוית כי מגרדין הכתלים ומכבדין את הבית לכבוד החג. לכן אני בא בקצרה מה שנראה לעניות דעתי”April 4, 2019 10:21 pm at 10:21 pm in reply to: I finished Shas, Tur and Shulchan Oruch! I am so proud! #1709671hereinsb, here it is –
שו”ת חת”ס חלק א’ אור”ח סימן קלו
היותי חוץ לחדר לימודי כי גרשוני נשים צדקניות המכבדים לי”ט של פסח ע”כ לא יכולתי להאריך ככל הצורךWolf – “keshiras tefillin…I would say “hanachas tefillin.” But what do I know?”
The posuk says ‘u’k’shartem’ (you shall bind them) , not “v’hinachtem’ (you shall place them) – indeed, we routinely call it “putting on tefilin” = “hanachas tefilin”, rather than the way the Torah calls it: “keshiras tefilin”..
Sam Klien – “The Rebbe would have preferred if all people attending his Levaya. Instead go to any Bais Medrash and learn for the same 3 hours as a zchus for him and for all he did for klal Yisroel ”
Did he communicate this to you?
Chazal say godol shimusha yoser m’limuda, it is greater to be meshamesh talmidei chachomim then to learn Torah. That is my when a gadol is niftar, the yeshivas and kollel stop their learning and come out to give kovod l’Torah.
See Megillah 3b, Rosh (Moed Katan 3:61), Shulchan Aruch YD 361:1
For someone who learned Torah and Mishna the minimum honor he should receive is a levaya of at least 600,000 people escorting him. The Shach 361:3 explains that 600,000 people are needed to honor a person who learned Torah because just like torah was given with 600,000 men in attendance so too when a person who embodies Torah is taken from the world 600,000 people should be in attendance.
Nevelle, “every major acharon except the Baal Hatanya poskens that mitzvah habah b’averah is still yotzi b’dieved?”
Obviously, you do not consider Shulchan Oruch as a majot achron, nor the Mishne Brura – which both hold that you are NOT yotzeh with stolen matzah.
http://hebrewbooks.org/pdfpager.aspx?req=14165&st=&pgnum=99&hilite=
Mechaber in sif daled, M.B s”k 14 (and Biur Halacha).
But you could have corrected me on the mistake that matza does not need to be “lachem” (yours) as a lulov. THAT is incorrect (Rosh Kiddushin 54b siman 18) holds you are not yotzeh with stolen matzah because it still belongs to owner, so it isn’t yours – lachem.
Raabad (cited by Rabbenu Manoach to Rambam’s Chametz U’Matzah 6:7) therefore advises people who bake together to declare, “My matzos belong to whoever happens to take them.” By making this declaration, everyone will legally own whichever matzos he takes home.
The Mishnah Berurah (Orach Chayim 444:15) states that if a merchant demands immediate payment, the buyer person does not acquire legal possession of the matzos until he pays. Therefore, if he delays paying until after Yom Tov, he has not fulfilled the mitzvah because the matzos were not legally his.
The Sefas Emes (Sukkah 35a) states that a host who provides matzos for his guests at the Seder should explicitly transfer ownership of the matzos to them so that they legally own the matzah they eat. (Rav Moshe Sternbuch, in Responsa Teshuvos VeHanhagos vol. 2, Orach Chayim 240, cites the Shevet Sofer, who advised similarly in his Shabbos Hagadol derasha.)
Neville, specifically which major achronim do you mean – that say one is yotzeh with stolen matzah?
You claim ONLY the Baal Hatanya holds that way!
Although I honestly do not know how the Baal Hatanya paskens – I assume in Rav Shulchan Oruch and not in Sefer HaTanya. I will list below the Rishonim and Poskim that ALL say one is NOT yotzeh with stolen matzah.
I must note that YOU seem to know how the Baal Hatanya paskens, yet I am not choshed you are a Lubavitcher, since many learn Rav Shulchan Oruch, especially since the Minshe Brura often cites him).
A brief listing of Rishonim and poskim that I am familiar with on the topic:
Rishonim
1.Rambam (Hilchos Chametz u’Matzah 6:7): One is NOT Yotzei with stolen Matzah. One is Yotzei only with Matzah on which one blesses Birkas ha’Mazon.
i.Magid Mishneh and R. Mano’ach, citing the Yerushalmi: One may not bless on stolen Matzah. R. Oshaya learns this from “Botze’a Barech.” This refers to beforehand. One blesses afterwards, for he owes just money. R. Yonah says, an Aveirah is not a Mitzvah. R. Yosi says, a Mitzvah is not an Aveirah. R. Ila says “these are the Mitzvos” – if you do not do them properly, they are not Mitzvos. Some say that one is Yotzei b’Di’eved, for one owes only money, and it does not say “Matzaschem.” This is unlike the end of the Yerushalmi. If one stole flour or wheat and made Matzah, surely he was Yotzei. He acquired, and owes only money.
ii.R. Mano’ach: Even though it does not say “Matzaschem”, we learn from Chalah, for which “Arisoseichem” excludes Hekdesh. We disqualify Matzah of Ma’aser according to the opinion that it is Hash-m’s property. Surely, also Gezel is excluded. If one’s Matzah might have been switched with another’s (e.g. during baking), they should stipulate that whatever each takes is his. We do not bless Birkas ha’Mazon on stolen Matzah, for it was an Aveirah (Rambam Hilchos Berachos 1:19).
2.Rosh (Pesachim 2:18): One is not Yotzei with stolen Matzah. Chachamim argue only about Ma’aser Sheni. They also learn the Gezeirah Shavah “Lechem-Lechem” (Menachos 70b). Stolen Matzah is not considered yours. In the Yerushalmi, it seems that R. Oshaya holds that one is Yotzei b’Di’eved, but perhaps the latter Amora’im disagree.
i.Ritva (Sukah 35a DH Ela): One is Yotzei with stolen or borrowed Matzah, for he acquires it through Shinuy while chewing it, like it says in Kesuvos. The Gezeirah Shavah requires your Matzah. This excludes only Ma’aser Sheni, according to R. Meir. He holds that it is Hash-m’s food, and one has permission to eat it, so we cannot say that he acquires through Shinuy.
3.Tosfos R. Peretz and Tosfos Rashba (Pesachim 35b DH Aval): Mitzvah ha’Ba’ah b’Aveirah applies only to Mitzvos like Lulav, which we use to praise Hash-m and appease Him, or Korban.
4.Ramban (Pesachim 35b DH Yesh): Mitzvah ha’Ba’ah b’Aveirah does not apply to an Isur like Tevel, which can be fixed. Mitzvah ha’Ba’ah b’Aveirah is only mid’Rabanan; the Gemara brought an Asmachta from Nevi’im. Some disagree.
Poskim
1.Shulchan Aruch (OC 454:4): One is NOT Yotzei with stolen Matzah.
i.Mishnah Berurah (14 and Bi’ur Halachah DH Ein): This connotes that he must bless again. However, since the Ritva says that he was Yotzei, perhaps he should not bless again. Sha’agas Aryeh (95) says that even on the second night, he was not Yotzei. Some say that one is Yotzei with stolen Maror. Others say that also Maror must be yours. Sha’agas Aryeh (94) says that this is a Mitzvah mid’Rabanan ha’Ba’ah b’Aveirah. The Mechaber (649:5) says that one is Yotzei in such a case, but the Rema says that one is not Yotzei.
ii.Magen Avraham (196:1): Perhaps one blesses Birkas ha’Mazon even if he ate stolen bread, for he acquired it through eating. Also, the Beis Yosef was in doubt in Siman 649 (about blessing after one acquired through Shinuy), so we must be stringent about Birkas ha’Mazon.
iii.Kaf ha’Chayim (29): The Aruch ha’Shulchan is lenient about Maror on the second night, when it is mid’Rabanan for two reasons, since some are lenient even on the first night.
2.Shulchan Aruch (ibid.): This is if he stole Matzah. If he stole flour or wheat and made Matzah, he was Yotzei, for he acquired it, and he owes only money.
i.Taz (4): Even though one is not Yotzei with a borrowed Esrog, for it must be yours, one is Yotzei with borrowed Matzah. The lender knows that the borrower will eat it. He allows him to acquire it and pay for it afterwards.
ii.Kaf ha’Chayim (31): One is Yotzei l’Chatchilah with borrowed Matzah.
iii.Magen Avraham (5): If Ploni stole Matzah and gave to Levi after despair, Levi is Yotzei. If Levi returned it to Ploni, Ploni is Yotzei with it.
iv.Gra (9): We forbid due to Mitzvah ha’Ba’ah b’Aveirah only when he acquires through an Aveirah, e.g. Shinuy Reshus with yi’ushr. This is according to the Halachah, that yi’ushr does not acquire by itself.
v.Gra (10): Tosfos says that even when he acquired it without the Aveirah and it is not Mitzvah ha’Ba’ah b’Aveirah, he may not bless on it.
vi.Mishnah Berurah (16,17): One is not Yotzei l’Chatchilah, for he may not bless on it. One who bought stolen Matzah after yi’ush may bless on it, for it did not come to him through an Aveirah.
We are talking about stolen matzah, and you claim that “every major acharon except the Baal Hatanya poskens that mitzvah habah b’averah is still yotzi b’dieved” ?!
Are you saying that every major posek argues with the gemara that says explicitly that you can’t be yoteh with stolen matzah?
And every major posek does not include the Shulchan Aruch with explicitly state s that you can’t be yotzeh with stolen matzah (s. 454, ss. 4?
And you don’t consider the Mishna Brura a mjor posek that concurs with this halacha (ibid, s”k 14)?!
And you think that the only one that hold you can’t be yotzeh with stolen matza is the Baal Hatanya (presumably in Rav Shulchan Oruch)?!
You ask me “Did you accidentally out yourself as a Lubavitcher again? “, I mirror back your words slightly paraphrased, Did you accidentally out yourself as an am ha’aretz (which might mean you are the Lubavitcher) again?
April 3, 2019 9:20 pm at 9:20 pm in reply to: In the Purim Spirit: Women are required to Ad dlo yada 😂🤣😂🤣 #1708919laskern – ” if the actions refllect the mitzva like drinking excessively. no kavono is required.”
That is a deep concept (maybe a choshev person told it to you) and I will illustrate it with the mitzva of kiddush Hashem.
When a person dies al kiddush Hashem, when is the mitzvah done? When he is dead. But a dead person cannot do a mitzvah?! Therefore, the lead up to the death – that is the mitzvah which completes at death (as you wrote: that is the tzuras hamitzvah).
Nimshal: Ad dlo yada is done when a person is k’shikrus Lot, he canot have kavana, he is in a state that he cannot do mitzvos (like being dead), so when is the mitzvah done? The lead up to the ad dlo yada which is completed upon being totally shikur. That is the tzura of this mitzva.
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