Thoughts on the Weekly Parshah by HaRav Eliezer Chrysler
Formerly Rav of Mercaz Ahavat Torah, Johannesburg
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"And you shall bring them there, your Olos (both individual & public) and your Shelamim (both individual & public), your Ma'asros (Ma'aser Beheimah & Ma'aser Sheini) and the Terumah of your hands (Bikurim), your Nedarim and Nedavos, and the Bechoros of your sheep and cattle" (12:6).
The Gemara in Bechoros (53a) extrapolates from the Torah's comparison of the two Ma'asros (as we indicated), that from the location from which one cannot bring Ma'aser Sheini, one cannot bring Ma'aser Beheimah, to preclude Chutz la'Aretz, from which Ma'aser Sheini is obviously not brought.
"Do not eat within your gates the Ma'aser (Sheini) of your corn, wine and oil, the firstborn, your cattle and sheep (with reference to Chata'os & Ashamos), and all the Nedarim (Olos) which you undertake to bring, your Nedavos (Todos & Shelamim) and the Terumah of your hands (Bikurim).
The Pasuk is basically a prohibition from bringing any of the above outside Yerushalayim. However, R. Shimon, in a B'raisa in Makos (17a [on which the above notes are based]), due to the repetition contained in the above two Pesukim, lists the following prohibitions. For …
1. ... anyone not to eat Ma'aser Sheini outside the walls.
2. ... a Zar (a non-Kohen) not to eat Bechor after the blood has been sprinkled.
3. ... a Kohen not to eat Chatas and Asham outside the precincts of the Azarah.
4. ... a Kohen not to eat an Olah within the precincts of the Azarah.
5. ... anyone not to eat Shelamim & Todah before the blood has been sprinkled.
6. ... a Kohen not to eat Bikurim before K'ri'ah (the reading of the relevant Parshah by the owner) (according to others, before the Hanachah [placing them in front of the Mizbei'ach]).
It should be noted that each of the above La'avin are already forbidden in the form of a Mitzvas Asei, as Rashi points out. R. Shimon learns the prohibition of eating Bechor, Chatas & Asham and Olah before the blood has been sprinkled with a Kal-va'Chomer from Todah & Shelamim. He also learns the prohibition of a Zar eating Chatas, Asham and Olah from a Kal-va'Chomer from Bechor. And he learns the prohibition of a Kohen eating from an Olah outside the precincts of the Azarah from Chatas & Asham.
Based on the principle that whatever is derived from a Kal-va'Chomer is not subject to Malkos, the only cases in R. Shimon's list (which we discussed above), that are subject to Malkos are 1. Bikurim before the K'ri'ah (according to others, the Hanachah); 2. Todah or Shelamim, Bechor, Chatas, Asham or Olah before the blood has been sprinkled (this, according to Rashi, is learned from the repetitions in the second Pasuk [which constitutes the La'av]), and Kodshei Kodshim (Chatas, Asham, Olah & Minchah) outside the precincts of the Azarah.
This latter prohibition is learned from the second of the Pesukim which we are about to discuss.
The same Sugya in Makos cites four general La'avin incorporating various La'avin in connection with Kodshim. 1. "ve'Zar Lo Yochal ki Kodesh Heim" (Sh'mos, 29:33, in connection with the Milu'im) - prohibiting a Zar from eating any Kodshei Kodshim that a Kohen is permitted to eat.
2. "u'Basar ba'Sadeh T'reifah Lo Socheilu" (Sh'mos 22:30, in connection with T'reifos [animals that have been killed]) - prohibiting any food that leaves its location, from being eaten (including Kodshei Kodshim that have left the precincts of the Azarah).
3. "ve'sorafto es ha'Nosar bo'eish … Lo ye'ocheil, ki kodesh hu" (Sh'mos, 29:33, in connection with the Milu'im) - prohibiting eating any Kodshim that were initially fit to eat, and which became Pasul.
4. "ve'Chol Minchas Kohen Kolil tih'yeh, Lo Se'ocheil" (Vayikra 6:16) - prohibiting eating any Kodshim that needs to be burned.
"And you shall eat before Hashem … in the place which Hashem will choose, the Ma'aser of your corn, wine and oil and the Bechoros of your sheep and cattle" (14:23).
From the comparison of Ma'aser and Bechor, the Gemara in Temurah (21a & b) learns the following two additional Halochos:
1. ... Ma'aser Sheini, like Bechor, may only be eaten in front of the Beis-Hamikdash (but not nowadays).
2. ... Bechor, like Ma'aser Sheini, does not became invalid from one year to the next.
"O afflicted, storm-battered one, who has not been consoled" (Yeshayah 54:11).
The Medrash relates how Hakadosh Baruch Hu showed Avraham subservience to the nations and Gehinom, and asked him to choose one of the two as a punishment for his descendents, when the need to punish them would arise. He chose subservience to the nations, to save them the terrible tortures of Gehinom, says the Medrash.
Based on a Pasuk on Iyov, the Gemara in Yevamos (102b) states that poverty saves a person from Gehinom. It would appear from there that it is not necessary to suffer both poverty and Gehinom; it is either one or the other.
No wonder then, that Yisrael cannot be consoled at being at one and the same time, poverty-stricken and storm-battered (a reference to Galus).
"And all your children will be students of Hashem, and they will enjoy abundant peace" (Ibid 13).
Two of the reasons given by Chazal for the destruction of Yerushalayim are that Yisrael failed to teach the children Torah (Shabbos 119) and that needless hatred was rampant (Yuma 9).
That is why, says the Chida, the Navi assures us that when Mashi'ach arrives, these two sins will be rectified, all the children will study Torah and they will live together in peace.
"See, said Moshe the Navi, I have arranged before you today, blessings and the opposite" (11:26).
"And it shall be when Hashem your G-d brings you to the land which you are coming to take possession of, you shall place six tribes on Har Gerizim and six tribes on Har Eival. Those who have been designated to bless shall turn their faces towards Har Gerizim, and those who have designated to curse shall turn their faces towards Har Eival" (11:29).
"You shall destroy all the places where the nations whose country you are taking possession of, worshipped and their gods, on the tall mountains, on the hills, and under every fine-looking tree" (12:2).
"And you shall cross the Yarden, and settle in the land that Hashem your G-d inherits to you, and Hashem … will give you respite from all your enemies that surround you, you will build the Beis-Hamikdash, and after that you will dwell in safety" (12:10).
"After the worship of Hashem your G-d you shall go, Him you shall fear, His commandments you shall observe, to Him you shall Daven and you shall come near to fear Him (13:5).
"If your maternal brother (and certainly your paternal one), your son, your daughter, your wife … or your friend who is as dear to you as yourself, gives you bad advice, and he announces and says 'let us go and worship the gods of the nations that you did not know about, you and your fathers" (13:7).
"These are the animals that you may eat ; oxen and lambs, the children of sheep (but not the children of forbidden animals), kids, the children of goats (but not the children of Kil'ayim [mixed species" - see Nosei K'lei Yonasan] 14:2).
Please bear in mind that the rulings in this article reflect the opinion of the Seifer ha'Chinuch and are not necessarily Halachah
Not to Add to the Mitzvos or to their (Traditional) Interpretations
It is forbidden to add to the written Torah or to the oral one, as the Torah writes in Re'ei (13:1) "Do not add to it". What does this entail? The Rambam gives as an example someone who teaches that eating bird's meat cooked in milk is a Torah prohibition (when really it is only a Rabbinic one). By so doing, one is adding to the tradition, which, interpreting the Pasuk "Do not cook a kid in the milk of its mother", rules that the Torah prohibition is restricted to the meat of animals, but does not extend to that of birds. Similarly, if one were to issue a ruling permitting cooking the meat of a Chayah in milk, one would contravene the Isur of not detracting from the Mitzvos, since, by tradition, the Isur incorporates the meat of wild (Kasher) animals too.
Most commentaries however, agree that 'Bal Tosif' is confined to Mitzvos Asei, such as wearing two pairs of Tefilin on one's head or on one's arm, placing five Parshiyos inside one's Tefilin shel Rosh or taking two Lulavim on Succos, and the like, as the author cites in the name of his Rebbe. Also, anybody who sits in a Succah after Succos, with the intention of performing a Mitzvah, even though he is aware of the fact that the time for performing the Mitzvah has passed, since, once the time for the Mitzvah has passed, one no longer transgresses 'Bal Tosif' unless one actually has in mind to perform the Mitzvah; and the same applies to someone who takes a Lulav after Succos intending to be Yotzei, even though he knows that Yom-Tov is over. And so the Gemara says in Rosh Hashanah (28b) 'To fulfil a Mitzvah' does not require Kavanah; to transgress during the time of the Mitzvah does not require Kavanah either. But to transgress after its time has expired, does'. However, someone who takes a Lulav on Succos a hundred times, or who blows Shofar a hundred times on Rosh Hashanah, even if he specifically has in mind to fulfill the Mitzvah each time, has not transgressed 'Bal Tosif'. Neither will he transgress if he takes a Lulav that is Pasul, or if he binds a Pasul species together with the three Kasher ones (according to the prevalent ruling, that does not require them to be bound, even though we tend to bind it).
A reason for the Mitzvah is … that the Master who commands us to perform the Torah is totally perfect, and His deeds and His commands are perfect and good, too; Adding to them therefore, and certainly subtracting from them, will automatically render them deficient.
The Dinim of the Mitzvah are to be found in Sanhedrin (88b) in Perek Ra'uhu Beis-Din, in Rosh Hashanah and in Eiruvin (88b).
This Isur applies everywhere and at all times, to men and women. Someone who contravenes it and adds to a Mitzvah, such as making five compartments in his Tefilin shel Rosh or wearing two pairs of Tefilin simultaneously, or if he takes two Lulavim in his hand simultaneously, sits in the Succah after Succos or who takes a Lulav after the time has expired, with the intention of fulfilling the Mitzvah, has transgressed this Mitzvah, and is subject to Malkos, provided there are two witnesses and warning, as is well-known.
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