Birkas Hatorah - Rabbi Yakov Zev Smith

Welcome to my home, I would like to welcome to today's year. Today's year was sponsored by bright AP plumbing and we give him a big sponsor in many showroom. Now we have the cover to have a smith leader. My sister is a young man who was married and he woke up a little late that morning and he was on the way to dominate like at 9:15 and he drove by he says you're going to Kyle happen I'll take you to Kyle. He decided he's going to lie to save us also make me going to Kyle. And then he starts telling me a nice tickle this. And he's faced with two sides. Number one [clears throat] is he allowed to listen to the tire because it's before tire. And number two he has to say something smart otherwise it's dummy when he's not going to fight. Are you allowed to say something learn before tire? In other words we're going to talk about the specifically Is there an issue to learn before tire? In other words you have to say it and it's a nice and all that. Well my son it comes to a situation that one is unable to say it. He can't say tire at 9:15 and he's really in trouble. And the will have a host of and of course we'll get to the common morning when the person that comes to the Shiva who's supposed to make the tire for the late. And it starts you're not allowed to learn you're allowed to learn you know people love a to eat and a day to learn. And so this morning it happened you know that type of situation it's already a lot is there an issue to learn is it just a mile? So I want to learn that as I said with many minutes and we'll touch upon other this and this tire. So the embassy It's not so hard to believe that if there's a to say tire then maybe not allowed to learn. They have a double. There's a plastic in the tire that when a person is a tire for a place that's not clean up here tire if it's a volume volume of ice you know a little learn even if it means not learning for many hours the grace of the the grace of was in jail and for he was unable to learn because it was an unclean place. So maybe we'll say if you're not allowed to learn even a little bit of it when it's a dirty area maybe not allowed to learn without tire. But if I care Because there it says a plastic in the tire of this. Where [clears throat] do you find a plastic that is an issue to learn of this maybe it's a maybe I don't know who they So the embassy we have to try to find if there's any precedent in a lot of something like this where there's a lot of and without the there's an issue. So what comes to mind is the famous in my head. The more it says it's awesome to be in a lot of a lot of a lot of a lot of a lot of a lot of a lot of There we see that it's not just a lot of a lot of but it's actually an issue to eat before the lot of But the embassy is that that is fundamentally different as I'll explain. First of all that's a you have a lot of a lot of before before but do you have a lot of a lot of tire? But more than that >> [clears throat] >> and that's really the issue you have to understand. Do you ever wonder if you have been again but in before the >> [clears throat] >> war? It's a very unusual situation and it's not allowed to make a you know a lot of bench he eats without he doesn't bench. Is he allowed to go to McDonald's and say listen today I'm going to a lot of taste of this why what's the look? Because he's a lot he's not allowed to mix this but he's he's a lot of even. So here the question is how can a lot of eat without a lot of a lot of there's no there's no because in a lot of but it's a lot of a lot of so I was that issue to make a lot of a lot The tires is that you can't make a lot of so I think it's a lot of a lot of How could you say that? You know there's no lot of it's a lot of but why is there an issue to have a lot of it's a lot of issue? So the embassy I'm not telling you probably probably know this there's a famous of my son of base and my son of this and you may say it's a lot of that in the lot of it's a lot of means that he has to make a lot of a lot because he can't eat with a lot of a lot But we pass a few places so I think it's a lot of means he has to eat without a lot of a lot of But kind of if there's an issue a lot of a So I'll see you but you should be able to eat. The tires to both the and the lot of is And I thought there's an issue to eat a lot of a lot of That's a product that's a lot of of the lot of a lot If you tell me in a lot of it's not to make a lot of a lot of a lot So there's no there's no issue. If you tell me I can solve it a lot of a lot of a lot of so there's no a lot of so there's no a lot of there's no issue. So here we see already a a ray of hope. If we're going to pass again that there's no a lot of a lot of a lot So I was so I think or whatever the case is so maybe it's not so awesome to learn maybe the issue is a lot of of the and if there's no a lot A lot of morning is a lot of maybe it's a lot of a lot And so this is our question how do we go from here? >> [clears throat] >> So the embassy is let's think a little more practically. We have three different types of that was to say a lot of a lot of a lot of and a lot of a lot of Let's look what we find there and then we're going to apply to our question. Let's talk about a lot of a lot of You put on you make a lot of you you make a lot of But do we find an issue to do a lot of a lot of a lot Perhaps I'll tell you interesting interesting the truth is similar the times and quotes him. The has a novel question. Why don't we ever find that you that you make an early similar tires? You can't make and you can't make a lot of similar tires of a particular that's totally a lot of why don't you make an early similar tires? So the you really couldn't make it again. But when you when you come to the on similar which is really a lot of because it's still join you're going to have a lot of if you make a a lot of because really similar tomorrow we pass you sit in the without a lot of A lot of you make a lot of but you have to say you understand the hair. You are really making similar but it's really a lot of to make a lot of seems a proper thing to do because it's still me boy join but then again if you make similar and and you're going to say a lot of a lot of and then you're going to make a lot of that's a lot of a lot of So what we say do it for fun don't make a lot of so I think but it's an oven oil to a lot of a lot of So how do you have the right to put yourself in the to make an early similar and rely on a lot of a lot oven oil So we say an insight when it comes to a lot of even though we are quick to say a lot of a lot of true but you don't with a lot of say don't make it. But that's only when by by a lot of who said that a lot of a lot of and says what you say it a lot of a lot of a lot In fact there's a beautiful a lot of a lot of a lot of a lot of says where did get the jurisdiction to to a lot of who gave the the right to say that what was that their source in a lot of he says they source a plastic in the tire because we write a lot of a lot of and a lot of a lot of a lot of So say if you make a lot of a lot of so you make a lot of a lot of a lot So a lot of is definitely a lot of a lot of So it be a lot of to a lot of a lot of But then again let's think practically how many times you learn to feel as is a lot of table a lot of a lot How many times in other areas of a lot of a lot of even a lot of a lot of a lot of a lot of you make a lot of a lot of and a lot of a lot of a lot If you have a good reason not to make the a lot of then we go back to a lot of a lot So maybe we'll say a lot of also I thought it's a lot of a lot of But you have a lot of what you do? Maybe I thought it's not allowed to to learn without a lot of So that's one you say. A lot of a lot of We did it. How about a lot of a lot So a lot of is is a lot of Also a lot of right? But what happens when you have a lot of what do we pass again? Eat a lot of a lot So why can we say a lot of is a lot of and the embassy is it's a lot of a lot of The the a lot of says in a lot of in similar you have to make a lot of like you make a lot of a lot of a lot of a lot of a lot We're coming close to famous that that tire that we say a lot of a lot of a lot think it's just the toys of has a following cycle over. Imagine you need a husband and you borrow a husband of your friend and you took it and you were careful with it and it got stolen. I don't know who stole the husband but the husband stolen. Do you have to pay? So any child knows is up to why is he in the way there because I don't know but when it comes to mix with love and therefore it's not the right number one is trying to see this and this is all natural because it's natural. See a regular soil with if it's a soil you have to pay. So comes out if you lose someone's that you borrowed is good to learn to listen if we're going to say a but at the end of the day it's very very that the world says is a honey so once we have a honey we can say the same thing about that you shouldn't learn without a but what happens that comes my son maybe a lot of but you don't make a mighty on on the issue of because love that that's that's what I first we do I can I talk to you I want to try to keep the time I'm going to make sure you everything and but the mice are this is the second you said and the most simple to understand would be the third you said and that is the says that the person which is the main because I told you the the why so what is the brooches so explains what makes the brooches because it has the of the era the and Israel so it has the is like a missile lashes of all three Shiva Israel the Gucci is in the I should have a what is the nature of I don't know so we know that from everyday living a person you put on your shoes you make a so you can keep the show off. The guy in holds if you don't wear your shoes you don't make a but what is the minute Israel we don't make a right away when you step on the ground or we open our eyes because I don't have a unique feature you can make it whenever you want I can make it at the right time but who could do it today you wake up go to the bathroom so people can push your tire for a long time you're enjoying your shoes you're enjoying your eyes the carrot is is a missile once a day the the missile once a day so say whenever you want and that's why is the we make a make it in because it's a once a day once we assume it's a that if we assume is a like the seems to imply the brooches is for the crisis and the so we're pretty relaxed let's say the comes and no one's around okay so you can make it later it's no different just like so comes out from all the three the reasons that all the three identities of whether it's or it's if you learn without and why do I say this because you're all probably thinking that don't we know it's a that not only is it wrong to learn without but that was the who doesn't know the no one knew I mean didn't know why was there a until had to tell the secret that means there was such a a such a perfect no one could identify any problem and what was the reason the famous they didn't make but you look at the of the as the explains a father I skin are you coming entire they will learn comment how about you guys are but they didn't they but trailer is up to is in per gallon the entire means they did say entire if it's one of the they did it but they didn't say it right away they learned for half hour maybe an hour maybe two hours and then they said it maybe they held this once a day but that means the is the one of came because they learned comment and they said but if you don't say it before you learn that's a lack of the entire and of the on that itself so why we playing games with saying the said the the answer is 100% true but that's when a person is able to do it let's say this first morning and there's a and if you want to and he's coming in two minutes so we won't learn for two minutes two minutes is a young of time even for a a simple person two minutes is yes in a moment of time but two minutes or five minutes so maybe I have to do it they take in the times of the of of of that of they just did it for no reason but let's you have a reason that you can't make the entire let's say someone is talking in a hospital is why he's having a baby we'll soon see this type of and there's no one to be and it's already after what should he do so there's an option there's up so that's why we could say both are true I right away and let's let me be clear once and for all no doubt about it cloud I love like we say right away and don't play games don't make but let's say there's a reason to delay maybe we have a because it's like a it's like if you can't do it you let it learn without however there's one more hurdle we have to overcome and that is the is quoted by his in the in the same of the the entire and again it's not in but it's quoted by the that can sign there is a sign of that there's an Amish of learning before entire it would be something similar like in a chain of lucky so what's my side so it says in that we all learned Harris and he shouldn't take off the entire too much now what's wrong with the so explains because he can't make a and we don't do a so so why is the entire if you tell me you can't make a problem so so why you why the evidence is good so because it's only and therefore if he does too much out of so the and the is quoted in the on that I will the entire if the entire has would be the entire if the on the entire would be the entire then it would be why because you don't know so if we will hold that the entire is so we found a situation that a the entire is so it would be like the entire and this is that if you go with the which there are many that are it would be to learn before it's a package deal the entire the entire so this is the entire he conceded that it's a but this is the entire >> [clears throat] >> if you ever hear the entire this is the source of Frank in the court in the entire came to the same conclusion with the same both of but the is I'll tell you it's a big the one of the that really brought many things to America in the early early mid-1900s in the same he has a which light is people wake up a half a minute before Christmas and Christmas and they want to have Christmas now what's the problem they don't want to about saying Christmas pajamas that doesn't bother them but they want to worry about so the if you say if you say Christmas before the entire it's because Christmas besides being Christmas also the entire so he says how could you say Christmas to be it's a now of course he knows what we know that it has to be and he proves that in such a scenario if you don't make a brocha it's a it's it's a bear it's a mitzvah of avera and don't bother with the krishmah. It's a gone is vet. Okay. We'll soon see that's the das yachid. But definitely we see to our inyan it brings it a little more to perspective. The birchas ha Torah is a matter for Torah. Like a shuckle is matter for a cup of coffee. And on a matter to have a mitzvah sin. And maybe without a matter you can't learn. Rabbi Kluger in Elfecha I'm just telling you you can look it up and you can see what how you want to what you want to say. But this is what he says in in the chuvah siman shin chof alef. If a person ate matzah without the birchas ha motzi >> [snorts] >> for some reason ain't a yotzei the chiyuv tzei. Because the eating was be issur because he ate bloy birchas ha nanin. And a mitzvah a mitzvah of avera. That's how wide a brocha could be makif the mitzvah. Now, you know he didn't say that he didn't say al achilas matzah because we know birchas ha mitzvah not makif. But if you could tell me that if without a motzi you're not yotzei the mitzvah of matzah, it certainly plausible that without birchas ha Torah it's a mitzvah of avera the same sort. Now, this however as you could understand I mean the etzem Rabbi Chanan that Rabbi Chanan says chidushim amanu is true. And but here the question is that lema'aseh we do see in practice hakaponim that sometimes we are makeup. And let's start what's what's the given. The given is that which is a tumel in tumel in Shulchan Aruch and the Rishonim in siman mem vov in Orach Chaim the minag used to be and you look at the amount that was the minag that they came to shul slichos morning. They said slichos and then when they finished they made birchas ha Torah. So all the Rishonim wondering slichos is full of psukim. So there are more to dark wave defends the minag Yisrael you saying it as tfilah. But there we see a various start that it it's not makif in the mitzvah if you don't make birchas ha Torah. But it's more than that. A vadai again I'm stressing again a vadai a vadai 100 times over we don't learn without birchas ha Torah. That's the gemara in Nedarim. In fact the Mishna Berurah learns up the Mechaber right in the beginning tzorech birchas ha Torah lishmo l'oid she lilmod achshei yivarech. And then he quotes the gemara in Nedarim. And that's the point number one. But point number two is is that uh enough of a svara to tell you better don't learn than learning without birchas ha Torah? Are you sure about that? You know Rabbi Chaim Kook once said tzvei machanot amarta avei chosheiv na kamor. He told me a certain minag Yisrael not to learn because you know I don't have that minag because by me the clothes are going you have to have a kamor. Tell me a kamor. You know. You know in in Shulchan Aruch in Shas there is no mention of electricity because they didn't have electricity, right? But they had birchas ha Torah. There's 14 simanim in siman mem zayin all about various birchas ha Torah questions. Why don't we find this assur to learn without birchas ha Torah? It's minag Yisrael. They probably also woke up late in those days, no? They probably also had a shul this morning, no? All these fakehs we have they had also. Why don't we say alacha it's assur to learn might? So we could say ibayis eima kra ibayis eima svara. First of all and this is the time of the Divrei Avraham in that chuvah where he argues Rabbi Chanan. He says if you would show me a pasuk in parshas ha'azinu kishaim Hashem ekra hava godleinu was going on the mitzvah of birchas ha Torah. And if it's vagisma yomam valaila the term made a package deal, well I could understand habli halacha saggi. But birchas ha Torah is kishaim Hashem ekra. Limud ha Torah is other psukim. Forget this the whole the the guy's brother has a common makor but it's not in the pasuk kishaim Hashem ekra. So it's two different places in the Torah. Who gives you the right to make a yisod that one is telling the other? V'zeh oif. My shaita the zulus umakif. Ilu haya in one pasuk you could say you didn't do it so you're missing the package. The Minchas in Orach Chaim siman chof tes he says even more precious. He says so if someone doesn't say birchas ha Torah so tell him oh you're not don't learn. Better not he's mevatel one mitzvah so he should do two mitzvos two two issurim and then he yachaz b'shum yochaz b'yochaz yachaz b'yochaz But the point is it's it's we don't find any place in Torah that is connected. So besides it's not in Shas and Shulchan Aruch but even in the pasuk. I the raya from trumah so if you look at the Bnei Yeshurun the the Maskil Amol you see it's only a hava mina. So that's like a stickle of a pella Rabbi Chanan but whatever the case is we could say the following. Again I'm always stressing because this is the emes. Klau number one is like borchu b'toras chilah is choven. But if it comes to that a person has no birchas ha Torah. He's stuck in a hospital. It's the after all I see at the same svara we have in shul this morning. Tell him to just not to learn? V'zeh oif. And this brother Rav Sternbuch in chelek dalet on the tough chof alef quotes Avraham Chaim and he quotes the last line he says birchas ha Torah ve'ein issur lilmod koyach mishivarech. In chelek hey siman kuf sameach he quotes a ma'aseh of Rabbi Yibarech that was Rabbi Yibarech the the Rabbi of Mir by Kamai. He once came to Brisk early morning. I don't know the whole story but this is what he writes there. And of course they all came out to greet him. Chaim came to greet him. The tells the yeshiva came to greet him. And he they start talking Torah. What do talmidei chachamim do? They start talking Torah. And Rabbi Yibarech says I'm sorry I can't listen. I didn't say birchas ha Torah yet. So Rabbi Chaim told him that there's nothing wrong. Ein issur lilmod birchas ha Torah. And Rabbi Itzchak Rabinovich was also there. Rabbi Itzchak Rabinovich said told Moshav what's the problem? So go do a mitzvah later but let's listen to the chidush. So you have gedolei oilam that said point blank there's no issur of learn without birchas ha Torah. The Minchas Avraham Chaim chuvah that I mentioned after he's doichek tzei peisach chidush based on the on the Mishna he says lema'aseh the fact is that we don't find any place there's an issur to learn. B'di hevei we'll call it b'sha'as hadchak without birchas ha Torah. >> [clears throat] >> Rabbi Yashiv in Kovetz Chuvah chelek alef siman tes he says if you can't make birchas ha Torah ein issur all of to mevatel Torah. Ad deraba if you can't do birchas ha Torah at least learn. I found a more more of a list. You want to see a nice discussion in B'tzel Elchakam chelek alef siman alef when he's discussing the shaila that we mentioned earlier about person woke up late and there's a minute to his man krishmah. And if he says birchas ha Torah he's going to miss his man. He says there ain't in the kum in the back he says lo matzinu b'shum makom she assur lilmod bloy birchas ha Torah. Now everybody say you know lo yavin einu ein raya but in halacha it is a raya. A gantze Shas a gantze Shulchan Aruch just looking at emes. Now again the gemara in Nedarim is not a stimulated klau klau. That's talking about when a person has the option. But to tell yiddin people in yeshiva to wait till the fellow comes make birchas ha Torah who takes on his place is he to give a psak? Now lema'aseh so the yizom oid and chilah and oven godol all true. But lema'aseh as we said it's not enough to say that when someone can't make a brocha that he should stop learning. Now let's apply it more specifically. Let's go with the shaila that we began with. This fellow is telling him a stickle Torah and the Aibishter didn't make birchas ha Torah yet. That's what you call a svara shaila for space. So lema'aseh in this case he was defending himself because he was only being macheriv Torah. At least he had a macheriv the heriv Torah is mutar without birchas ha Torah. But he was he made a mistake. Because the Alachas Katanas one of the kadmonim in chelek beis kuf nun tes he has this shaila. If I'm telling you a chidush and you are prior to birchas ha Torah so zokt the Alachas Katanas don't say that's only herer. Because even the Agur that holds herer is not mechuyav in limud in birchas ha Torah but when there's a shimaia koina going on that makes it into a dibur. Now he doesn't mean you have to have a din shimaia koina with kavana l'otzei and b'chiyuva. You know if if a katan talks Torah is that it? He means to say that the the Torah of the Agur is when it's a trukena herer. Once there's a dibur to mesiyachas Torah dibur is a dibur. So this is what the Alachas Katanas says and all the achronim follow. We'll soon see Rabbi Kluger has a chidush but we'll get to that. But he says the yisod ha davar is that the Torah of of herer that the even the that the guy didn't agree to but at least the Mechaber agreed to that. That's only on a pure herer. Once there is a a chefetz of dibur out there whether it's you or someone else you're chayav birchas ha Torah. So that wouldn't that doesn't work. So what what he what lema'aseh what should he do? So again if he feels that it's mamesh b'zayon and shalom bayis and blah blah blah so he's like every like we said you know if you can't do it you can't do it. I would have thought that let him tell his wife I'm sorry I'm late. This won't happen again. For space. Lo yachiv deniska. So maybe the busha we mechaber also straighten him out. But anyhow if he felt that he doesn't want to do it we can't say it's wrong. He could rely that that even he's allowed to learn in such a situation without birchas ha Torah. Kol shekein when it's a shimaia koina again it's not the end of the world. But again it has to be taken more seriously than he was taking it because what what what he's doing now is the seiva of the carbon of bias. So, you're embarrassed, so either let the let let the kapara be the the bias. But again, in halacha, if he asked the question, he would be correct that he doesn't have to say anything. >> [clears throat] >> A another question which I'd like to talk about is the one that I just mentioned that when someone woke up when someone came to shul when someone asked me the shaila, and he came to shul for his his his daf yomi, whatever the shiur was, and he was late. I didn't say birkas haTorah So, he said, if I'm going to start saying birkas haTorah, I'm going to miss the the trend of it, I'm going to miss the train of thought. I I don't want to miss it. So, he decided to push it off till after davening. And that's wrong. Because of your chashbon, you know, you push off birkas haTorah till the end of the shiur to learn the chatchila because of your chashbon. I said, maybe the zechus of birkas haTorah you wouldn't say in the shema bed time. Don't forget, the tzlach in the end of brochos is one this why they call it maseches brochos. Maseches brochos sound like hilchos brochos, but hilchos brochos begins in the sixth perek. It's krias shema and everything else. Why maseches brochos? The bulk of the maseches is it's davening, hilchos tefila, hilchos krias shema. Zok the tzlach in the name of the Yehudim. You a beer just starting shas, you want to remember shas? He says, it's a segula to say birkas haTorah with kavana that you're going to remember the learning that you do. So, chazal called it brochos not because of birkas haNehenin, krias shema u'vorchin. They called it brochos because the yesod of the tzlach is birkas haTorah. And today people love segulas, but this is legitimate. Heilech of tzlach in the name of the Yehudim says that a segula to remember your learning is birkas haTorah. So, why should he give it up? See, it's a question of you have to have a mishkol, a mishkol of chashbon like the Mesillas Yesharim calls, to know what's more important. So, to say I'm going to learn the in the next few minutes or next hour, whatever it is, and and I'll rely on saying it later, that's like boruch she'amar b'seder chila. Another question that's good I to mention, and that is the girls today learn quite a lot. And but I think the minhag is, I don't know if the minhag is where they say birkas haTorah in school. But let's say they have a test, and I guess like boys they study for the test, and the test is in chumesh or whatever they're learning. They have to be told that if they're learning before birkas haTorah, it's the same halacha like men. That if they decide they're going to study for their test before birkas haTorah, they say birkas haTorah. Ah, you'll say, but nashim patur from limud haTorah. Even in America, right? Es benecha u'venecha yisaichem. But zok the machaber in the name of the Magen Avraham says, nashim u'vorchin birkas haTorah. And don't forget the machaber is a svara and the svara of nashim didn't make a brocha on shofar, lulav, and and all the there's there's man gramus. So, why did the machaber say on Torah they do make? The teretz is there are different shotim, but the one of the main terutzim is because they need to learn that what's negiah to them. So, if for us learning without birkas haTorah is a gevald of a chaserin, almost ma'akev, but not, but close to that, why are nashim different? And I should mention, if you have a son that he's under bar mitzvah and he davens in school, and today is his bar mitzvah first for her, it's a good opportunity to mechanech him. You know, my kid, we don't learn with birkas haTorah, you usually say it in school, yeshiva. That's a good idea, maybe you should tell your rebbe, maybe you should ask the rebbe first, you know, you have to make sure the rebbe is on page on the same page with you. But for a boy or girl to learn with birkas haTorah, even ketanim, if that's the halacha, why why not why not do it? Question, someone has a frei relative for the seder, okay? Typical question of yom tov, whatever, even during the week, and he wants to share the heilech of Torah with him. But you could be certain that the this frei person didn't say birkas haTorah. So, are you giving him a zechus or are you feeding him with a s'neiva? Don't forget to give this chiloni to eat without a brocha. Machaber, the Shulchan Aruch says, is a s'neiva. So, maybe to give him to learn without birkas haTorah is also a s'neiva. The teretz is en chanamy. If you go with the shita that is an issur to learn like it's an issur to eat without brochos, then en chanamy. But since as we showed that the halacha when there's a good reason, a very good reason, then there's no issur to learn, then en chanamy, this would be a good example. Now, avada, what you could do is you could say, if it's the morning, you say, you know what, I'm going to make the blessing and I'll include you. He says, if it's the afternoon, you could also be a realize one of your tafkidim is kol Yisrael arevin zeh lazeh. You say, I'm going to make a blessing on Torah and I want to I want you should be you should I'll include you, and even though you made him made the brocha in the morning, but this a regular birkas haMitzvah that you're allowed to make it a second time. But here's what I want to make a point. You know, when they come, it's often a very delicate situation. You know, they don't want to be told what to do, they don't want to be looked down to, and and you know, you tell them got to make a blessing, and you know, if you if there's a chance you might lose them, then don't then don't don't play around with success. They want to hear, tell them a chiddush, tell them a nice word, and rely on the ikar haDin. But if you're going to tell them brochos and implying that they have to something missing with them, maybe you have to start with s'neiva. I mean, this is very negiah. In Eretz Yisrael, you get into a monis, in a taxi, and usually you have a someone that's you know, who's showing interest, whatever it is, and you tell them a nice thought, you never know, you know, the pintala Yid could be ignited with that thought. But he's going to say, wait, but I can't tell you until you make a blessing. He's you know, he's you know what, I'm not interested. You know, you're getting too you know, down his back, he doesn't want that. But at least be a side we could say that when it's shiyach to be motzi them, avada. I mean, what do people do? They speak kiruv achayim, they speak to hundreds of people, irreligious people. How many percent said birkas haTorah? So, there you could make a text out of it because it's a big crowd, and you know, everybody has a an opening speech, whatever, you could make it into you know, publicly. But be a side if you're going to lose them, if you're insulting them, and you're going to ruin the relationship, especially if it's a relative that finally came, and you know, they're interested in the halacha more than the whole of the rest of the seder, so not the Shulchan Aruch book, I mean, you know, I'm talking about them. I'm talking about the seudah. So, can I tell him to make a brocha? Yeah, you might just turn them off. So, again, a person has to have seichel. >> [clears throat] >> Another very important question is what I mentioned earlier, that a person woke up right before this month. So, again, I want to make a point, you know, a ben Torah should never say krias shema till the last minute because probably he probably he is not dressed properly in pajamas with his shirt tucked in. It's not al machashavas shamayim. And this is a big chiddush one said, he didn't like the the those that make a krias shema b'tinai because you can't be mekabel ol machashavas shamayim b'tinai. First time I'm mekabel you, I'm not sure, we'll see. And how about with pajamas? So, obviously it has to you have to wake up earlier and say birkas haTorah and say krias shema like a mensch. But let's say it's mamish, you know, this or nothing. So, we did see the Tehilas Hashem shita, avada, that that he held it mitzvah ha'ba'ah. But then again, as we understand that most poskim hold there's no issur. Besides the fact that there's no issur learning before birkas haTorah, but this specifically in krias shema, we could say krias shema and remember that the machaber says such a thing because the machaber says that a person that he wants to be yoitze with ahavas rabbah has to learn right after davening so the ahavas rabbah kicks in. So, the ready the the gedolei haChaim asked, he has to learn? I did learn, I said krias shema. Krias shema is Torah, right? The teretz is could be if krias shema is done leshem mitzvah, it doesn't have leshem Torah. And this bamis is yesod, the Chazon Ish said it few times, this is quoted in the Chaim Kanievsky's new choshen mishpat sefer that he wrote takah, the kuntres as he kuntres zechronos, in perek lamed gimmel siman vav, and Chaim said with Reb Chazon Ish many times, this Chazon Ish held had different rayos. One of them was this question of krias shema before birkas haTorah. But Chazon Ish also said it in the famous gemara in Megillah where the gemara says in Megillah right in the beginning, mevatin Talmud Torah for mikra Megillah. So, everybody has a kasha, mevatin Talmud Torah for mikra Megillah? But Megillah is not is bitul Torah, it's a loshon hora. Why is it bitul Torah? So, Reb Chazon Ish said a yesod, when you when a person does an action, it only has one identity. >> [clears throat] >> Want to be Megillah? Megillah, but not limud haTorah. Limud haTorah? It's not Megillah. And Chazon Ish explains that's how the machaber that you want to be yoitze learning right after right after ahavas rabbah, it has to be a limud haTorah. Krias shema is a mitzvah. Now, this is Chazon Ish is a big chiddush, avada, but Chazon Ish said it. So, that would fit in here as well. Could be a person besides the fact that if he doesn't do it now, he's finished, he lost his month, but also like the Chazon Ish's yesod, you could label this is a mitzvah. A mitzvah doesn't need birkas haTorah. That's what Chazon Ish officially said. Now, lema'aseh, we find this takah, chiyuv that the machaber says, the machaber says people used to daven and and say the gantz selichos before birkas haTorah, ayin pesukim. Teretz is once you're giving it a label of tefila, maybe it's not the mitzvah of limud haTorah. So, that would definitely be one option in this case, but no doubt about it, avada, the best way to do it is to get up on time, get up properly. What What if shiyach, I would say, and a person has an extra moment, and don't rush birkas haTorah either, he should say at least the brocha of asher bachar banu, then say krias shema, and then say the other two brochos. Ah, you'll ask, how do I know that you're allowed to change the order? So, that's the machaber. In Yoreh De'ah siman kuf lamed bet tes, seif tes, says when someone called up to an aliyah before birkas haTorah, so, what does he do? The machaber says, he makes the regular brochos, and after he finishes and he it back to his seat, and no one should know because he's embarrassed that he didn't say it yet. He had to hold it by lining. Then he said the other two brochos. So, you see clearly from the Mechaber that you can make brocho first and the other two brochos later. What's a little more challenging, a person comes into shul late. And of course, when a person late, it's always challenging. And he came dreadfully late and they're holding by krias haTorah. So, here we have a problem because krias haTorah you can't spout it and say it's not the limud haTorah, it's krias haTorah. Krias haTorah is limud haTorah. It's not like krias you can make it into a a mitzvah but not in limud haTorah. So, here we have a problem. But to walk out is a bigger problem. That's the Mechaber Shulchan Aruch kuf mem aleph in the beginning, kuf mem vov in the beginning. Oiseh v'Hashem yichlu, you know how to walk out from bismach when the lining. So, here we have a little of an issue here. I'll say I'm just listening and it's only hero and I'll rely on the Mechaber shita. That seems to be wrong. Because he said earlier in the brochos ketanois that when you're listening, when you hear sa dibur being said it's more than hero. But the embassy there's something much more custom made, a beautiful einfall. I saw the Keren l'Dovid in in in the tshuvas siman yud aleph. He says arya min haTorah to the side of the brochos ketanois. He doesn't go to brochos ketanois but he quotes he says that yesoid that even though hero is muttar without limud krias haTorah, but when there's a dibur, even someone else's, it's machuyiv in brochos haTorah. Why I mean that you're able to listen to an einfall. What's the makor of brochos haTorah? Ki shem Hashem ekra havu godel l'Elokeinu. Zocher haChazal Medrish Moshe I'm going to teach you Torah but first you make brochos haTorah. Ki shem Hashem ekra. The word of Moshe says the halocha of Moshe says where do you see limud haTorah in ki shem Hashem ekra? Because kol haTorah kulah shemo Yisrael kodsha baruchu. Torah is is not just the a bayin rov but it's boray olam boray olam. So, ki shem Hashem ekra I'm going to teach you Torah and you make a brocha. For example, the Keren l'Dovid, they weren't learning, they were listening, they were they were attending they were listening to a shiur. Therefore, to listen to a shiur is also machuyiv brochos haTorah. So, that's why l'maiseh I must tell you I do know this Remoishe has a big yesoid in chelek aleph kuf aleph gimmel. Rabbi Dovid Zichrono l'Brocha asked Remoishe an interesting question. Minhag Ashkenaz on Rosh Hashanah blow all the tekios during chazaras hashatz. Nusach Sefard, most of Nusach Sefard blows during the shmoneh esrei. So, Rabbi Dovid asked Remoishe a very thought-provoking question. B'emes, doing something during shmoneh esrei is a a problem of safek b'chol yoiser, a safek of hefsek. How do I know? Machlokes Rashi and Tosafos in brochos kuf vov and and also in succah if you're allowed to listen to kedusha during during shmoneh esrei. So, Rashi says listen and then go back to davening. Shema Yisrael is not a hefsek. But Tosafos if shema Yisrael works, it's a hefsek. So, Rabbi Dovid asked so if you're talking about machlokes between them, so why Rosh Hashanah of all days b'leil chayeinu is that safek of hefsek? Remoishe told him you're making a mistake. When is it a problem of hefsek? When you have you need shema Yisrael. By tekios there's no din of shema Yisrael, no chiyuv blowing. So, if it's not being koyem oina, there's no chashash hefsek. And Remoishe throws in another example of that would be krias haTorah. There's no din of shema Yisrael in the krias haTorah. You have to listen, no din of oina. So, now you'll say so what's my problem of listening before brochos haTorah? There's no shema Yisrael. There it says avada I know that, I know that. But we never said you have to come on to shema Yisrael and make it a hefsek. If there's a factual dibur while koyem is lining then it's not just hero, it's not just looking at hero. So, that's machuyiv brochos haTorah. So, l'maiseh what if he what if again if again if he has no other place to daven, no other lining, he has no choice, he has to listen. What he should do is wait that taka if prob- if probably the right thing would be if he doesn't have to listen to the lining, he should not listen, go out, find a minyan, daven like a mensch and hope for lining. But Okay, that's never happened to you so you therefore you don't have to say I'm holding before brochos haTorah. Do you know what's holding lining? Yeah, I know. The previous gilgul that's me holding. He's embarrassed, what did he do? If you don't have it to you, so you don't realize how embarrassing it is. It's like the guy gets called for an aliyah. He finally says I can't I I didn't say brochos haTorah yet. I mean that's called mal mal pre acharei birabim, right? Okay, good. Let's move on. So, this is this is l'maiseh now I must mention another point. Maybe you want to blind it besas haChacham Godol Rav Zalman Kluger in aleph chasam siman mem hey he says this question of shema Yisrael oina regarding brochos haTorah is machlokes Rashi and Tosafos. And I knew exactly where he was going. Rashi holds that you learn shmoneh esrei and you hear kedusha, what do you do? You listen. And you're yoitzeh shema Yisrael. But Tosafos if shema Yisrael it's a hefsek. So, I asked Rav Zalman Kluger what do we see from that? That Rashi holds even though shema Yisrael oina works it's not enough of a hefsek. That's the Rashi, right? So, I b'zoi regarding brochos haTorah that is a kulah. That even though shema Yisrael oina works, but it's not like a dibur. If it's not like a dibur, there's no chiyuv brochos haTorah. Azoy zocher Rav Zalman Kluger. Now, I'm not going to say who's right but l'maiseh most poskim say differently. The Keren l'Dovid writes an ein arya and Rav Lina's daas is that pshat is poshut. Because we're not saying it's shema Yisrael oina without a picture because you have to have shema Yisrael oina with the Biskra with the with the with the Beis Halevi and with the Chazon Ish. We're saying once it's more than just a hero then you're machuyiv brochos haTorah. So, not that you have to have shema Yisrael oina. But once there's a dibur and that's pshat and that's why the Velt is sameach on that. Listening the the krias shema, listening to listening I'm sorry to kedusha is you're yoitzeh but it's not a hefsek. But when it comes to our shaila, l'maiseh you have a dibur. Once there's a dibur, that is machuyiv in brochos haTorah. Another important interesting ha'ara Rav Zalman has he in aleph chasam in Purim yud tes ois ches the following ha'ara. Someone came late Purim morning. Okay, that's you know, we can understand people come late. But he's living in a little derful daven there's only one one minyan and he walks in just in time they they just about to make the brochos. L'maiseh he didn't make the brochos yet. What does he do? I will listen to Megillah before brochos haTorah? Wait till they start hacking by Haman. There's no bengav l'gav you know in in Megillah. So, Rav Zalman says a novel yesoid. And he says the famous kasha that the that the Velt is v'osam haTorah mikra Megillah what do you mean mikra Megillah is like Torah? So, the Beis Ephraim the Matteh Ephraim in in tshuvas in siman ches same siman ches in the beginning he points to a famous Gemara. The Gemara says why don't we say Hallel on Purim? So k'dei achasheirash nan and Rashi says krias zo zo hi l'lula. He says the Ba'al haGemara says that that the Megillah is a din in Hallel. You could have the option of saying the Megillah I'm listening with chiluv ois is not a din in limud haTorah. It's a din in Hallel. And that's why he says maybe in this case you have no other choice, you're not going to going to miss the beginning of money shuk. Maybe you could have that identity and make that chidush. So, that's just a gain. We once had this shaila. A person woke up for tefillin in the morning and unfortunately there was a skunk issue. There was a a rayach. It was a rayach rasha ein lo eika you couldn't daven because there was no Torah there but l'maiseh it was a rayach ra, very strong rayach ra. So, the halacha to refresh your memory by rayach rasha ein lo eika hero is muttar but you can't make a brocha. So Yeah. No, no, no. This I this I the poskim say that I the poskim say this. This yesoid about rayach ra. So, it was unbelievable how he fit this so beautiful. But this is a rayach ra. I I could tell you the ma'aseh okay I'm not saying the ma'aseh I'm just going to bring out this point. So, this might be a perfect chiddush that he can't make a brocha but he's allowed to learn by hero or allowed to learn. So, then we're going to say Rabbi Zalman even limud haTorah is muttar. That's the case of mafiach where someone mafiach. So, to tell him don't learn till the smell dissipates you know, the hava na Gemara. So, if we could say this yesoid that maybe taka should rely on it that there's no issur for brochos haTorah. Especially he can't say it. So, let him learn until the rayach dissipates then make the brocha. Okay, another important question. And this question rather is m'galeh for the rest of the sugia. And that is what does a person do when he has a real safek brochos haTorah? In other words either he doesn't know if he said brochos haTorah or it's after lo is shacharis morning and no one around, you know, we brochos you see that someone doesn't not in yeshiva and those shaila of safek brochos haTorah. So, b'emes the pshat this of the sugia is the Gemara says b'feirish in brochos minayin brochos haTorah l'faneha min haTorah she namar ki shem Hashem ekra havu godel l'Elokeinu. B'feirish Gemara. Comes again the Mishna Berurah and Mishna Berurah in siman kuf nun aleph and you see his burning yiras shamayim, the pachad of Hashem shamayim v'aretz olam and he begins with our shaila. Safek brochos haTorah what do we do? Safek shakal l'kulah because it's safek d'rabbanan. What's a brochos haTorah? He quotes the Sha'agas Aryeh that brochos haTorah is d'oraisa and you have a safek you should make the brochos and no doubt about especially the third the third the third brocha. Then he quotes the Sha'arei Tshuvah that some machuyiv are mamchpik b'safek you shouldn't. but it's hard to say that don't forget the says in the door and my back with that is the whole been. And he says after all this he says the best thing is get someone else that's making the brocha be mighty with and don't forget that's the to make a kill. But he concludes but if you can't I'm not sure what to do because I found my memorial that brings a and coming that the end of the day is only upon. So here we have Mr. Brewer coming out with a and he's more than like this is a problem. So that's why the minute certainly many of the on morning when we have a when it comes we get something because I say it I'll suffer the there's it's a question of a nice. So this is what the say wait wait wait wait wait wait the when a person was up all night and now with now we have a different factor and that's the new time that the new day is even if you didn't sleep but the and that's the meaning of many of them go with the of of that morning no problem you make a because I'm not a I'm a day. Because I I I the next morning is Mr. Brewer obviously didn't accept that he said better get something that's the meaning of all of the time. Question someone was in the hospital and he's waiting for his wife you know to have a baby whatever he can't run home he can't go to he doesn't what do I do? After all this. So here again if he if he feels like he's make a no problem. If he goes to Mr. Brewer and he will be soon then the he would be able to learn and rely on the that there is no and here he has no other he's stuck. Good. Now if it's a question someone asked me he he woke he slept the regular night sleep woke up the next morning came to the show and had a cup of coffee about to sit down to the show and he got I'm not sure if he made he had a over 50 moment they call it in English. He doesn't know if he said it. He had a he might have said it I guess the coffee was more important than his so he forgot about the coffee but the tire. What does he do? So this has nothing to do with the time. He has a here he has a here. Another question of all this. The question is did he just start discharge his here? So the truth I told him the best thing should have been look around to anybody comes right away and make for you. And let's say there's nobody what should I do? So here you can have you can't the because he had a it wasn't like the new morning here. So if he really wants he could take a learn and wait for a rubber. But the if he really feels guilty so I can't tell you that he can't rely on many that and Mr. Brewer doesn't go with that but other person do. So this is something up to the person. morning after all this so let me just remind you that learning and someone was supposed to come by all this and he's late. You have five boys that one person 100 people but it's moments of learning this morning you you carry me with me but stop learning. So the for us this is that don't stop learning to close you have to have a tomorrow. Now the same is true for those that learn all night and go to sleep. And let me tell you people they like to dive in the regular time they finish by all this and go to sleep but the truth is they have to some of them want to finish learning or saying the taking the and it's already all this. Or and or the way that the way that really dictates before you go to sleep early morning say Christmas because you might miss this man maybe you can't even go to sleep without Christmas because you have a man. So now the question is for those that are going to go to sleep in five minutes but they want to run a Christmas and maybe a little bit of the that they want to finish. What do [clears throat] I do? They say now I can't something to listen to someone else then when I wake up at 9:00 I can make a rubber. I'd much rather say it myself 9:00 in the morning when you wake up. So then they are like in the and if there's no other then we say that even though it's after all this you're allowed to learn before and that's possible. Now what what I should mention is someone asked this is in a very in the PO close time he said it's after all this so I should you want to learn until someone comes so he says maybe he's better to say tell him. So for you tell him. Now you didn't mean for him to tell him but he meant to say listen I told you after all this you're allowed to learn so why are you looking for to avoid the issue it's not a problem. But in the in the truth there's no problem. Now there's another time to be making morning and took this awesome the the same they both say that really we didn't have mission when does the day really begin like I would tell you the Mr. even though it's all this but we start by nets. So maybe the new of by all this is really wrong maybe a net. But what I found with the my says even if you don't like my there's nothing wrong with learning after all this for this morning but listen to this you can't you can't question it. He says for this morning it's a minute after all this why is there a fake after all this more than before all this? I didn't stop learning I didn't sleep so there's no so why is the kind of point there it says like the there's a new day of a new morning is a new rubber what is that similar to? No. A regular I do. I do we never find there's an issue of enjoying your shoes before the rubber. When is there an issue before because I because I do put my we all put on shoes and we get out of bed open our eyes before the the because I do it once a day so after all this is worse than before all this. Without the so the there's no issue there's a here. But it's like just like you you can do it when you want. With the of them there will be kind. My someone just married true story and his wife said I would like to dive in the second this morning fine I'll come and walk in the street alone I'll pick you up fine but he told them nicely I have to be back for all this the one you makes after I don't be stuck with please make sure you punctual so we could get the issue and I could hear oh. It didn't happen and he walked in after was said. And he was pretty unhappy to put it mildly this morning. But his wife she says you know what I slept I'll be for the tire. That was his introduction to saying. So the she has a rubber. I even even a Saturday. But the as the guy in rights and how could it be to make tire? So the guy in says the only reason they make is only for all this. Oh like the guy in she can't be it and that's what most people say an issue here is fundamentally different than what is from a man's. They not allowed to learn most of tire they have a small part of the tire. So how is the so that can see a man? He first brings such a but he's stay at home there's a different of so that didn't work what they did I'm not sure but that didn't work. Last but not least I'm telling you I love to have because this this is why I started the whole show for this question. My show someone was in the hospital wife was you know in labor and it was getting close to all this and he was a they was cool and he knows he's going to have a when it comes to all this about learning. But what could you do? You know typically you could go dive in maybe and say I rather but he can't leave his wife. And in the hospital there's no like in morning. And just then as he's worrying the sent a year walked in. So he ran out of the where are you holding? He was holding with what? With I'm sorry where are you holding the tire? I just woke up I have to have to see someone in the hospital. Great [clears throat] could you be me? The guy was let's I'll be great and he quite slowly and the person was in seven heaven. >> [clears throat] >> The sent a year. Then he he looked at his watch it was already 15 or 20 minutes before all this. You're laughing this this guy was stuck with it and he said was I some? So why not what do you mean I about you but but then he started thinking but I'm not about you but my my new begins by all this he didn't sleep all night. So how could it be with a for him it's I'm not. He started something he said I started thinking maybe I'm all this. I said no your wife is a little bit of a you're and you're like someone makes a makes a another one because I'm your broker is valid until 527 whatever time is a license. So how could you do that? So now we start it's fine you if you could have a layaway plan and he'll tell you and he had. I didn't find that. And it's a pillow I looked into this and the mice that slock in brockus has this suffix. And he leaves that as a suffix. And leave me what's that good the suffix of the slock? Because the this is unlike any other mitzvah that there's a new every moment. So even though you have a brock of a choir. But we fight is a new every moment can sign it's enough of a because you have a that the brock is gone. But the mice explain the sugar. We've got to say similar he speaks about someone that said before a license. So you're not a license. There's no difference listening or saying. I found other places I said that. But this child is not that common but one thing I will say and that is whatever person is making sure it's morning or on a plane or any time that you lying on a license to be a color point make sure it's after a license or after it's better a minute after a license that minute before a license before a license is not after a license a license with the young people. Thank you. It's a good idea. Oh. Thank you for coming and I would like to give a big thank you to the speaker. I would also like to thank our sponsor for sponsoring this year. Thank you for sponsoring this year. If anyone wants to copy of this year I would like to have a flash drive here.