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Mitzvos that are prohibited on Shabbos and Yomtov - Parshas Shelach
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Rabbi Scheiner Parsha Shiur from 2023
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Auto-generated transcript. Not time-synced to the video.
Even though this Shabbos Parshas
Mishpatim
is also Parshas Shkalim
there's a lot to speak about. Over the
years, we covered a lot of topics.
It's available
on the show's website at poor anytime.
But as Hashem today, I would like to
focus this year
and we were holding in Maseches Beitzah
Daf Lamed Vav Amud Beis.
The Mishnah lists out many different
things that is assur to do with
derabanan
on Shabbos and Yom Tov.
Now, we know these the Lamed Tes
Melachos that are assur mid'oraisa. Yom
Tov, we spoke about it. Yom Tov, even
though there's the issur like Shabbos,
there's a heter of ochel nefesh and
therefore not all Lamed Tes Melachos are
assur. These issurei derabanan, for an
example, of muktzah.
Here, the Mishnah lists out a lot of
different things you're not allowed to
do on Shabbos and Yom Tov.
Some things are mitzvois
the etzem to do them. Mitzvois to do,
but you're not allowed to do on Shabbos
and Yom Tov. And some things are reshus.
The Gemara explains why it's mitzvah,
why it's reshus, but it's assur.
And as the Gemara explains that they're
assur because we're choshesh you're
going to come to write.
I would like to try to go through a few
a few of these issurei derabanan and
clarify
when is it assur.
We'll begin with the one of dinim.
The issur dinim.
Beis Din is not allowed to pasken dinei
Torah on Shabbos and Yom Tov.
And the reason for that is pretty clear,
pretty obvious.
They have to record what happens by a
din Torah. Shema Yisrael
licht of they're going to come to write.
Really, we have to back up.
It's a Isur Deoraisa. If you take a look
at the Chinuch
on Parshas Vayakhel, the Chinuch says
one of the lam tismalachos mitzvah kuf
yud daled that is an Isur Deoraisa
ladun b'Shabbos.
Sh'lo ya'asu hadayanin dinin b'Shabbos.
Which would seem lochere that it's an
Isur Deoraisa. So why the Mishnah
doesn't say that it's an Isur Deoraisa?
The answer is, I mean you continue right
in the Chinuch. This that it's assur
mid'oraisa is the Isur b'makom
not the dinin. The Isur is to execute a
din Torah.
D'hainu if the Torah was Thursday cuz
you're not allowed to sit on Shabbos and
it came out that the person has to get
killed he was m'challel Shabbos he did a
he did something that is chayev misah.
That you're not allowed to do on Shabbos
d'hainu to kill the person, to execute a
din Torah you're not allowed to do. As
the Chinuch says, the reason m'shoresh
hamitzvah cuz the Aibershter created
Shabbos Kodesh, a day of menucha of
rest.
And this is not menucha when a person
gets killed.
I believe it's not only for the person
himself but it's b'chlall the matzav
d'avirah. Somebody getting killed that's
not called that's menucha.
M'shoresh hamitzvah she'ratzah Hashem
Yisbaruch l'chaved hayom hazeh
she'yimtzu bo menucha hakol gam
hachayavim.
True it says it's for the chayavim but
for everybody should be menucha. Mamila
that's why it's assur mid'oraisa to kill
somebody on Shabbos who's chayev misah.
So that's assur mid'oraisa.
Dinin dinin d'hainu
go through a din Torah and as post game
explain let's even say clearly for Dina
mommies somebody's high if somebody's
Potter that's also on Shabbos with their
opponent that's our mission of Dina.
Agav when we're speaking about the issue
of Risa is the Risa of of Dina and the
high new to kill somebody like the says
even though it's learned from the
possible
issue
it's not only straight for all dollar of
misses and if you take a look in the
Rambam the Rambam extends that it's also
Malkus. So Malkus also is also past this
middle of Risa and the Mogul of Ram
explains
would you extend it so far even to
Malkus? So he says this probably the
reason why Malkus is also because it's
also
that's the issue of the Risa.
So we have so far clearly just to
understand what the first thing that
we're speaking about in the mission of
the issue of Dina and the Shabbos is the
issue of not executing a Dina Misa or
Malkus but the issue is the issue of
past getting going through with the
entire.
The Rama
extends this Dina and the mission that
says that it's also Dina and the Shabbos
extends it not only is it also
for and Dina and
but also you're not allowed to put a
person in jail.
Shina
says
in Dina and two words in the
says the Rama have gone with the
also voice of the mission of the mission
of the issue of the mission.
You want to lock the person up?
>> They used to give they used to give that
as a punishment but they used to do that
until they killed him.
>> Ah ah ah very good. We're going to get
to this.
The Ramas spells out the base of so ya
mission is high of A O in this condition
of a year right.
>> [clears throat]
>> You're asking good but what what let's
see. Very good. You'll see what in a
second what I mean. Let's see
what exactly we're talking about locking
the person up. Are we putting him into
jail for jail or we're just holding him?
The question
that is asked on this dinner of the Rama
is from a possible in the Hamish.
In Parshas Shalach by the Mikoshesh
Etzem.
Moshe Rabbeinu didn't know what to do.
So the possible says one second one
second. Let's just say the child and
we'll hear there are a few to roots him.
The possible says by any also by any
of Mishmar
cuz they didn't know they put him into
jail.
The Mishmar they locked him up.
So the Torah says clearly that it's
muter.
>> I think the Mishmar just means they're
watching you.
>> Ah, ah, we're going to get to that
carrots. That's what I wanted to bring
about to your point. The Rama also says
about what that it says even watching.
We'll get to that in a minute.
So the partial is when when the Achronim
asked this question the partial is they
say I may be who said it was Shabbos. Of
course the story happened he was
Mikoshesh Etzem Etzem was Mechalel
Shabbos. But who said that it was
Shabbos? Maybe they did it Sunday.
So first of all
the Mashma is that they put him right
away.
Right away he was Mikoshesh Etzem right
away they locked him up.
So one one second one second. So you're
asking Piskei Dinim also.
>> The question is what do you mean?
>> So first of all, who said that it was on
Shabbos? The possuk says the possuk
could have happened right away. Vayoel
had a chiyuv to speak out. Why did they
lock him up? They locked him up that he
shouldn't run away.
So if they waited till after Shabbos and
he didn't run away, so what does it So
what did they have to lock him up then
after Shabbos?
And if the chiyuv is that if he's going
to run away, lock him up right away.
So you have multiple tirutzim over
there. Now that's a shaila.
We're saying over here in our mission
that dinim is ossur. We're extending it
doctor Ram
who had din to lock a person up.
Could be this is an extension to the din
de Oraysa cuz it's a yom menucha, but if
you can't lock somebody up, how did they
lock somebody up in the midbar the
mikoshesh eitzim?
So the Emes is that MaHaRiL the Shvus
Yaakov in Shvus
argues on the Ram. Well, he asked this
question and he's chiyulik.
He's chiyulik and he says takke you see
that it was done it's muttar. It's
chiyulik.
The Rishonim, the Even Ezra right here
as well as Rabbeinu Bachya both say when
the possuk says that they put him
by a nicho ossur b'mishmar,
they say b'motzei Shabbos, the Rishonim.
So even though we mentioned before the
possuk says right away, the Rishonim
clearly say b'motzei Shabbos, clearly
right there for all to see, the Even
Ezra and Rabbeinu Bachya.
>> Even if Even if it is ossur, but they
would That story was before it was
mid'oraysa.
>> Oh, very good.
That was lined up here perfect. That's
the
The in the safer
The wrote many many
In
the says What do you mean? This was the
ban.
Then was the time of the time they were
They were So this ban.
>> The wouldn't make a zero in the first
against a and that was
>> That's interesting surely you find such
a concept if the Torah says
you find that I'm forgetting now or find
weird but you clearly find if the Torah
says foolish it's mother maybe in
certain things nefish even though they
be a
but the
to be
not to do it but if the Torah says
mother you can't say it's us it's this
clear such examples.
A good point what you're saying I just
wondered that could be over here
Is this considered the Torah says before
it's that it's mother I guess so you see
that it happened sometimes the Torah
says it's mother that you're allowed to
do it or nefish the Torah is mother. I
mean I
the mice is the mother that it's mother
the Torah says that they put him on jail
on
that's it's mother.
Yeah, good point definitely a good point
Torah says that it's mother I
that would be another
it's only the ban.
In safer big day yes it's another
a
that even though it's a
ban to lock a person up
there are exceptions.
Because it was a ban
after
of ban the governor it was it's mother
means taco you're not supposed to lock a
person up when it comes to ban
and he says another
but it could be it's extension to this
he says also it's down so
sometimes you have to got to stop it
exactly exactly so I'm not sure if it's
worth in or the worth is was
somewhat it was
right after you know that you have to
show that he's on shame. Even if it
wouldn't be Shabbos, but one thing is
that the home of Shabbos
was right away.
And lastly, what you say?
Yeah.
Saying what up? Just like the home of
Shabbos you adding also in Ami the home
of shame.
And lastly the
Yankel like you mentioned before even
before you even asked the kasha, which
really he differentiates and he says
there's a between holding a person
and locking a person up. When you lock a
person up, I don't know if it means cuz
you lock a person up he's in a cellar
and he he's
accommodations are terrible as opposed
to if you put a person in holding. But I
that's the look.
There's a between holding a person. Why
were we holding him in the mid but they
were holding him they didn't know what
to do.
Maybe there wasn't proper he would be
part of it they just didn't know what to
do. As opposed to a second as opposed to
putting a person into jail as a honest
that's also.
Even though even though the the would
seem to say
also
the base of lawyer
mission of sky of the honest
which is really holding
unless that's a holding that he's
already punished I don't know but the
concept is like.
That's what I meant to say that could be
the speaking about we know for sure.
But what
without this
question is the is what's the difference
between being in jail for holding or
not? I don't know the why is it
unless you'll tell me that you lock a
person up for because that's what you're
doing. So, now he's in a base of swords.
He has the accommodations of a jail as
opposed to just holding the person.
You're holding a person, let's say, cuz
he needs malcus, and you can't give him
on Shabbos. So, you put him into a
cellar as a regular jail. You just have
to hold him. He shouldn't disappear.
You knew that he was a honest. So,
you're saying this one of you got to be
honest. If you know that he knows the
honest, the question is what honest?
Very good. Yeah, they knew.
So, what do we have? This is the first
in Dinim. Dinim the mission says it's
awesome and the rabbonim say
it's awesome to kill a person and even
malcus is awesome in the Orisa.
Putting into jail on Shabbos
The rabbonim says it's awesome, but the
shyla is is it with the
The possuk says that it's moter.
So, why did they put him in He could
have just waited and waited the company
the company told him that
The rabbonim say it's awesome. I'm a
staff point.
What's the shyla about the locking a
person? That's a That's the separate I
think I once spoke about it grander that
also.
It's a separate schmaltz.
Putting and closing the door, I think
that's only to drop, not putting in. If
you just close the door be my name, I
think in most cases only to drop on it.
Why there?
What's about chalitzah? So the mission
says before
chalitzah also that that's clear.
What's about being me Yachad Mokem? The
din is it's born in Shulchan Aruch.
Hilchos Chalitzah
Beis Din is supposed to come a day
before and be me Yachad the place where
the chalitzah should be.
Are you allowed to do that on Shabbos?
Here also the Shivas Yaakov says no that
will be muttar. It would be muttar to be
me Yachad the Mokem cuz the whole issur
is issur Shammai Yichud Deiv. What
Yichud Deiv is there to be me Yachad the
place?
So even though it's paskened halacha the
inala to be me Yachad the Mokem a place
for chalitzah, it's mil be shaila. Why
is it a question about me Yachad the
place? Cuz lemaisa
the reason why it would be assur is
nichlal dinim. The reason why it
shouldn't be assur is cuz lemaisa dinim
is Shammai Yichud Deiv and here there is
no Shammai Yichud Deiv.
The mission says a person is not allowed
to get married on Shabbos, kiddushin.
Why not allowed to get married on
Shabbos? Shammai Yichud Deiv. You come
to write.
Friday of course you're allowed to get
married.
What's about nesuin?
So the mission doesn't say nesuin.
Lemaissa the Shulchan Aruch says nesuin
is also assur.
Why is it assur?
Nesuin is assur because of kinyan.
And why not allowed to make a kinyan on
Shabbos? Machshikeh Macha Memkar. And
what's the problem Machshikeh Macha
Memkar with ksiva? So it's also ksiva.
So it's assur side kiddushin on Shabbos
and sign the suit on Shabbos. It's also
either way. Meaning to say is if a
person had Kadushin on Friday, a lot of
these to make the weddings on Friday, if
there was a Kadushin on Friday,
Nisuin, the chuppah is not allowed to be
on Shabbos.
Or in the olden days when they split it,
Kadushin and Nisuin and they the suit on
Nisuin came together with the Nisuin,
you're not allowed to do it on Shabbos.
However,
however,
Kadushin and Nisuin on Friday,
then you're allowed to.
And that's what was done and they made
the suit on Friday night.
The Yom Tov is a separate discussion.
It's us. I'll tell you Marvin Simcha but
Simcha. But Mitzvah Kinyan Shiva it's
mutar Kadushin and Nisuin on Friday,
even though you'll make the suit on by
night.
However, Zocher Shulchan Aruch
that Almana
is not even allowed to have Kadushin and
Nisuin on Friday
because the Kinyan for Almana for a
second marriage is not the Kinyan of the
chuppah. It's later. It's the Yichud the
Bi'ah.
And the maybe it's us.
However, the going says the only reason
why
a second marriage can't rely on the
chuppah for the Kinyan Nisuin, the
Kinyan of the Nigale Yosher Kedaima, is
only because
they used to make the chuppah of a
second marriage not a proper chuppah.
So, the maybe it wasn't Kinyan of the
chuppah. You didn't have the Kinyan of
Kinyan of chuppah. But the Etzem, even
you could always have even a second
um chuppah, chuppah of a second marriage
also would be the same din.
>> But what is the din with Almana?
>> The same thing.
Even though we see that it's us
to get married on Shabbos, there are
more. This is my first the Mishnah Gapas
Kinyan Alacha that these dinim are us.
There are more says
the Makam Soirach Gadol
covered up reus its moter. That's the
Rama. It's very interesting. The mission
says that it's also what the Rama
writing over here?
These are tchuvas of Rama.
Very long tchuva.
And the Rama brings a story that
happened in his days.
They could of course they were going to
get married Friday the kidushin and the
nisuin.
And lemaisa there was a disagreement
in the dinim dunya.
The money they couldn't they couldn't
come out how much money they were going
to give not going to give. There was a
whole argument. And it schlepped all the
way till Friday night.
So the Rama writes a tchuva goes through
a lot of
things I didn't even go through the
whole tchuva but he brings a lot of
different
parts in the in the makem leha'ako.
And he says that you could they he let
them get married late Friday night. But
makem soirech godol covered up reus.
Imagine how embarrassing it is.
You have to push off the wedding till
after shabbos and maybe you could get
married.
What's about a get on shabbos?
So this is also d'ach nafka min the
mishna.
What did you say?
>> You say mazel tov.
>> You say mazel tov why
lemaisa shulchan aruch says it's ossur.
The etzem the reason why it wouldn't be
ossur midina d'mishna
is because of chashash is a chashash
ksiva. Who writes a get? You have a
sofer. You have someone yochid that
writes a get. So lemeila just like we
find when it's something for the yochid
we're not choshesh ksiva. They know
d'halachas. So meila the etzem would be
moter.
By the way that's the heter of the Rama
on kidushin also one of the heterim he
says is takana chashash ksiva. But of
course the siddik could do the rav takes
it, or the shliach, or the the shamas,
he says. So, maybe they know the
halachas, it's not that every person
writes it. Even though the maaseh, the
din is that it's assur.
>> No, they buy it already pre-written.
They're just filling in the blanks.
It's not the same thing.
>> You talk about a gett you're talking
about? The maaseh, even anyone, even
Kiddushin, kesubah, everything, even to
pre-fill, you really have to know what
you're doing. We learned in the night
kol Kiddushin assurin. There's a lot of
even writing, if you better make sure
you know the siddur mesader Kiddushin
brings a couple of kesubas cuz it's very
likely there should be a mistake the
first time, the aidim, the signing, the
writing.
>> name length is different?
Isn't there a bigger issue you have to
rip it up afterwards? That's mutika.
That's the minag too.
>> Okay.
>> I hear I didn't see, but it could be
that's a reason also that they're noya
you're ripping out to be mighty Elijah,
right? Another one.
One more din that I would like to speak
about. Of course, the Mishnah is a list
of a lot of dinim to get it into half
hour, and this I'm going to speak. The
kitzer, there's a lot to speak about,
but this is an exciting topic, and I at
least want to open up the topic. The
Mishnah says that you're not allowed to
dance on Shabbos, and you're not allowed
to clap on Shabbos.
There's a as I said there the Mishnah.
It's assur.
The pasken halacha in Shulchan Aruch.
So, before asking any questions what's
done, what's not done,
clearly the Shulchan Aruch says it's a
issur derabbanan. If you do a shinui,
it's mutar on clapping. On dancing, I
don't know so much if there's a shinui,
the metzius.
You dance the other way, I don't know,
but at least for clapping, the Shulchan
Aruch says a shinui is mutar. Means
instead of clapping like this, let's say
you clap Some people that don't clap,
they clap like this, it's a shinui,
would be mutar.
Why is it assur to dance and to clap? Is
ot to cliche, which is ought to you
going to make ought to that you're going
to show me a second cliche. You're going
to come to make a cliche.
L'maaseh
L'maaseh even though the Shulchan Aruch
paskins the din of the Mishnah Berurah
it's assur to dance and it's assur to
clap. You look around these many
different times, places, minhagim that
people do dance and people do clap. So
let's try to go through a little bit.
Obviously this and whatever I say is not
l'halacha l'maaseh. Everything I say I
try to have clear mar'eh makom. This and
then the Chachamim will use of lekach.
You learn more, you be me'ayen more, but
at least to educate ourselves to open up
the topic.
So first of all like this.
Simchas Torah it's muttar
across the board. Everybody dances
Simchas Torah.
Even though I'm saying everybody,
somebody told me that
could be by the Yekkes is a different
way they dance and we'll get to that
soon if that's considered dancing.
We'll get to that Reb Zalman.
We'll get to that in a minute. But al
kol panim
it's muttar to dance in Simchas Torah
mishum kavod haTorah.
So that let's just move on the side.
This that we all dance in Simchas Torah
it's muttar al kavod haTorah.
What's about other mitzvos?
In this sugya when a person gets married
Friday
kiddushin sugya is Friday it's muttar.
Now it's the sheva it's the seudos on a
sugya you're allowed to dance.
Sheva brachos, Shabbos sheva brachos
oyfruf
Interesting.
Good shaila about siyum. We'll speak
about it after cuz some say could a lot
of make a seam on Yom Tov because it's
like like some history.
Are you allowed to do mitzvah Are you
allowed to dance
for a mitzvah?
So there's a shaila there's a machlokes.
There's a machlokes. The Mishnah Berurah
says that it's assur. I'm talking first
with din
The Mishnah Berurah There are poskim
that say that it's assur
to dance.
Let's say by a sheva brachos chasan
v'kallah.
They bring There is cholkin that say
that it's muttar. So to know clearly
there is a machlokes clearly if it's
muttar or not or assur.
They bring
that somebody asked the Chazon Ish. What
I mean they bring I have it. And he says
k'ma duma I asked the Chazon Ish. I
think I asked the Chazon Ish about
dancing by a aufruf and he said it's
muttar. It's a machlokes. The Ish Al Rom
says This is what we're talking about
dancing. The Ish Al Rom says clapping by
davening Sometimes a person gets fired
up by davening and he claps.
Doing so on Shabbos would be b'duma it's
not gora that void of Hashem if it helps
you b'duma with the mitzvos. But akiva
on a mitzvos is a machlokes. It's a
machlokes.
Even the oisrim Even the oisrim
says Rav Zalman
And this is a little bit what you
mentioned before. Rav Zalman says
that what we do
Friday night Shabbos sheva brachos
dancing around the table or some people
say also the pasuk by the seder dancing
That's not where the issur is shmiyas
sakan k'lei shir. Usually when you do
proper dancing then you're going to
bring k'lei shir and play with k'lei
shir and be m'saken k'lei shir. But that
dancing
asher bara sason v'simcha around the
table two three four times That's not
the dancing that shmiyas sakan m'saken
k'lei shir and it's muttar.
You are being m'sameach the chasan
v'kallah but this is not the dancing
this is like walking around makes a good
vibe makes a good vibe but it's not
enough of the dancing tell me
>> [snorts]
>> cliche.
Very good
but it's actually
by us over here we're learning
we'll get to that in a minute. That's
the ma.
One more pointer in the
that says that it's
some say that it's motor Friday night
sometimes you go to
regularly or certain
by
shabbos by
they dance or they clap so some of over
here and they say because you want to
shabbos yet. That's a separate
discussion when is shabbos
or
but up until
you want to shabbos and then if you want
to SHABBOS IT'S MOTOR.
I
It's
but then
I'm sure
shabbos but shabbos they won't go
so that's another in
there
to to dance clap by shabbos before being
shabbos even though it's shabbos.
And finally with this I'll conclude I
did leave out that the ma says that this
day you see people do it
which really means that it's but
then the ma says
like mentioned before the
ma says
that it's motor
ma says it's motor.
Say the inside.
We
learned
even with the racket
on this mission is
pure
semi semi second cliche. Who knew that
he don't sorry it's butter. Why is the
butter taste we learned this is
because the whole semi second cliche is
my name I believe it don't. We don't
have a clue. You have a ton you have a
little issue with the strings you have
to already take it in for somebody to
fix it. We don't know how to make a
cliche. Though they ask on this mission
that even though it's bottle
you do not say bottle zero. We find this
many places. The reason why the
acid is bottle but bottle but says that
it's bottle and it says there are more
you could rely this up here this
up here this says there are more.
The
the
the says there are more than normal the
bottle Meaning to say he's always even
out of the
so just to sum up we spoke about
different
this about dancing and clapping some of
us butter shall
other
is
and even when it's not a
even when it's not a says there are more
these room
if somebody does it these water rely on
this says that it's butter.
Have a wonderful this.