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Pidyon Haben and Yetziat Mitzrayim By Rabbi Yitzchak Breitowitz
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Delivered 18 Adar I 5784 - March 5, 2024 www.ouisrael.org facebook.com/ouisrael Rabbi Breitowitz's Tuesday Shiur is sponsored for the 2024 academic year by Rabbi Refoel and Sharon Auman #OUisrael #torah #judaism #torahlectures #exodus #pesach #passover #halacha
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Auto-generated transcript. Not time-synced to the video.
okay uh good morning everybody hope uh
you're well and uh last week we
obviously uh weren't here because of the
election and everything else and uh beem
uh hopefully things will be will be well
um again our uh unit overall just sure
the recorders are
on uh we're going over the mitzvos in
the that are connected
to and we had looked at two of them
uh one was chabas which interestingly
enough is connected to the Exodus and
the other is the Mitzvah of remembering
it every single day uh but there are
many many other mites as well and uh I'm
going to talk about things that are
today that are a little less obvious
that is at the end of
pares appears to Moshe on roses Nissan
two weeks before the Exodus and gives
him a bunch of Commandments PES the
Corbin PES the eating of matah the
eating of Mor the Mitzvah of recounting
The Exodus in the future that's the
mitvah the connection to there is very
very obvious and as we get closer to PES
we'll talk about those but then at the
very end of the paraa there are two
additional Mitzvah that are thrown in
that are specifically connected to the
Exodus but the connection is not so
obvious one is the Mitzvah of redemption
of the first firstborn pigon aen and the
other is the Mitzvah of putting
Onin so we'll talk about each of those
but today we'll talk mainly about
p uh this is at the end
of Hashem says
kades every
firstborn
male should be
Sanctified now Hally this means two
things Hally actually means three things
a
firstborn Jewish male has a certain
level of
kadus until that male is redeemed and
this is of course the Mitzvah that we
know as Pon haben now the question is so
let's first analyze what does it mean
kades every
firstborn is
Sanctified so presumably this is
directly connected to makos
that the plague of the
firstborn all of the Egyptian firstborn
were
smitten God saved the Israelites
firstborn uh because of the sign of the
blood of the Corban
PES and therefore they have been
beneficiaries of a special divine mercy
and being a beneficiary of Divine Mercy
they have a certain Holiness they have a
certain debt that they owe to God now
the spe specific form that that Deb took
is that initially the intention was they
would be the kohanim they would be the
priests in whatever service there would
be and indeed they had that status until
the sin of the golden calf where they
lost that particular status but the
kadus of the Bor is he who
benefits from a special Divine
Providence of Mercy owes God a special
responsibility of all of us oh God
infinite gratitude but if you've been a
beneficiary of
a there's a special debt of gratitude
and that is the source of kadha well
we'll come back to this but that's
that's the basic yod of
kades called now we know I'm sorry the
first born always had until the
Le that's that's a bit of
that's a that's a bit of a question
meaning some say uh they had the right
but they didn't have the obligation that
Theos imposed the obligation of of
divine service not just the right to
officiate but the obligation to
officiate now we know in the Tyra
generally there are two different
privileges of a if you call it a
privilege one is the obligation of pon
and the other is the rule that a Bor
gets a double
inheritance in the property of the
father so if the father has uh two sons
and one of them is a Bor the Bor would
get 2third of the yusha again we're not
talking about whs and the like but
putting that aside if you just follow
the laws of yusha a b gets a double
portion the Mish
in makes the important point that the
definition of a for
Pon is a different
definition than the definition of a Bor
for the double portion of
inheritance for pen the operative term
is
PIM the child who opens up the womb of
the mother the one that is the first one
who opened up the mother's womb meaning
to say if a man had children from an
earlier marriage and marries a woman who
never had any
children that Bor would be obligated in
ponen even though that Bor would not get
the double portion of inheritance by
contrast the double portion of
inheritance depends on it being the
firstborn of the father so the other way
around if a man married a woman who had
children from a prior marriage but has a
firstborn son from this woman that child
does not need pigeon aen but that child
would get a double portion of
inheritance so so the basic idea is that
the double portion of
inheritance depends on
a the Redemption of the firstborn
depends
on now is a very very strict rule uh
because it actually means for example if
a child is born through cesarian so it
didn't go through the womb the vaginal
Canal there's no pigeon a Ben cesarian
there's no pigeon aen it also means that
if a woman had God forbid
miscarriages or
abortions so it depends uh how how full
how developed the embryo was but how
Lally if the embryo or fetus depending
how you call it already developed
recognizable arms and
limbs at of you know even in the middle
of let's say the fourth month whatever
it would be that would be enough to
exempt the next child from a pigeon Aben
Mas if the miscarriage is so early that
there are not yet recognizable arms or
legs that wouldn't count and therefore
the next child would still be called a
pet pet distinction apply also well I
I'll get to I'll get to that it doesn't
that's that's that's a question I I I'll
address that question I'm you want say
and the obvious other exception is the
first born was a girl yes that that that
is correct the the the
Kad only applies uh if it's a boy and
once again to make to make it
obvious uh firstborn boy is not enough
because if the boy was preceded by a
girl there would be no pigeon a Ben so
it must be
firstborn child who is a who is a male
and we'll talk about Co in Ley as well
but I want to focus on on on one
particular issue first let me share with
you a very fascinating
Chua of raaj about
krias this involved a woman who was a
balat
cha and she had a past and uh in a past
life she had an affair with somebody she
was living with somebody and she got an
abortion and the abortion was beyond the
stage of 40 days or or whatever she
became a balat Chua
and she married an a who was learning in
Yeshiva but she never discussed her past
I guess that's that's a whole other
issue but but she did not discuss her
past uh but when she got pregnant so you
know I don't I I don't want to
stereotype spartum but spartum like to
talk a lot about you we're gonna have a
boy maybe ask can do too I don't know
but her husband was so excited he was
saying you
knowem we're going to have a son and not
only will there be a Brit Mila but
there'll be a Pidgeon wonderful
wonderful wonderful and she was really
terrified of having a son uh because
there would not be a pigeon a and how
would she possibly explain it so she was
praying that she should have a daughter
you know B should be a daughter and
everything would be would be fine and he
kept on talking about his son son son
son son uh so I don't know exactly how
the shaj about all of this because again
Hally the would be very clear if she
were to give birth to a son that son
would not have a pigeon a and if they
did a pigeon a that would be
aala a blessing in vain it would be
totally sinful so Raj gave the following
interesting Pak he says the first thing
is if she can make up a story that her
husband would
buy uh she's allowed to lie about this
to spare her the embarrassment of
discussing an uncomfortable part of her
past so she could say oh gee I didn't
know that my father was a Coen or a Ley
because is a b Coen or lady there's no
pigeon up B we we'll talk about that uh
of course that's not going to work so
much if the father and mother show up
but that's one thing or or if they were
married long enough she could say she
had some undetected miscarriage that she
didn't tell her husband about you know
if they were married a few years but
here's the here's the kicker he said if
Lisa there is no convincing story that
she feels she would be able to convey
she shouldn't say anything let them go
ahead head and
believe that this is a
p let them go ahead and do the
Pidgeon and even though they are making
blessings in vain she has no obligation
to correct or prevent that particular
mistake and the basis of this very
amazing ruling is that there actually is
a principle of called kavos respect for
human dignity to avoid humiliation now
normally it's a little tricky normally
the notion that cover Brios
overrides only normally applies only to
rabic prohibitions meaning you could
transgress a rinic Prohibition for kav
you cannot transgress a Torah love for
human dignity thus the gamar tells us uh
if you discover that you're wearing
shess that you're wearing shess in the
middle of the street even if that means
you got to rip off your shirt you are
obligated to rip off your shirt now
there is an interesting mlo let's say I
know you're wearing shotas you don't
know I happen to know should I tell you
because if I tell you you're going to
have to rip off your shirt uh so that's
a some say I don't have to tell you till
you get into the house others say I got
to tell you and then you got to rip off
the shirt and if you don't rip off the
shirt I rip off your shirt can they can
they C so when it comes to a or a
violation like shates cover brius
unfortunately does not protect me but
when it's a Rabin violation Rabbi laws
can be
violated so here says the following the
eer of making a in
vain so there is really
a if that is a Torah violation you're
not allowed to take God's name in vain
but here's the question if I praise
let's assume I make a shahak without
drinking any water so yeah I I took
God's name in vain in the sense that I
don't have to make AA but I said it in
the context of AA so be sure you
understand there's a difference between
simply saying God's name in vain and a
in vain says there are that say a which
after all is a praise of God leala
may not be a Torah violation it may only
be a Rabin violation that's the rambam
actually says a br in vain is a Torah
violation uh in fact the rambam says
that is the meaning of the third
Commandments do not
Lo do not take the name of God in vain
that
includes but there areos and toos that
say that as long as it's in the context
of
a it is only
D therefore says we could rely on those
opinions to permit the woman not to
disclose her status to preserve her
dignity and not be humiliated even
though she would be causing a braa
latala a very very amazing a decision uh
again I'm not sure TimeWise and
procedurally how it came to his
attention I mean what exactly happened
uh I guess I don't know she talked to
her Rabbi in confidence and it was fled
in confidence Etc there was a very short
window to decide this issue but this was
his
only yeah so the Tas is not a problem I
mean it would be like a play I mean
listen we could have a play that has a
pigeon a bed now again obviously she's
fooling everybody but all right but that
already R said in terms of sheer that
sure we do allow for embarrassment which
is interesting even though sheer is an
Isa but that's a separate Paradigm that
sheer is permitted to prevent
humiliation uh even though that doesn't
fit the normal rule of coveros and
yeah woman she was not Jewish gave birth
and then she did your that
first yeah interesting question uh I'll
repeat it uh a non-jewish woman gives
birth to to a non-jewish person she then
converts marries a Jew and has a child
uh from the has a firstborn male from
the Jew so the argument goes well gee
since when a person converts they are
like a newly created entity she's a new
person so we would ignore the child that
was born as a non-jew and we would treat
the child born after the gor as a
firstborn who would need pigeon uh you
know it's a good argument but Hally it's
absolutely not not valid because
because is understood in a very physical
sense meaning even if spiritually this
is her first child but it didn't open up
her physical body the womb was opened by
the earlier one so there is say again
dou well well well that depends on the
father so for sure there would be a
double portion yeah that's true but that
would that would even be true if she had
children as a Jewish woman from another
guy right so that wouldn't change now um
if you're asking me maybe you're asking
me let's say she and her husband
converted so let's assume her first
child was from her husband but
preor uh would the second boy from the
husband post gor be a Bor for for for P
that might be the case that indeed might
be the case yeah as a rabbi and a lawyer
I'm sure you should suggest that people
who do have a b should have a h will if
they want to avoid giving a double
portion to one at the expense of the
anger of the other children yeah yeah so
again I I I don't want to talk about
this topic today I'm happy to give
another lecture on it but yeah there
there are halic ways meaning there are a
lot of aspects of yusha that sometimes
uh may not work out so well in the
family Dynamic uh the most famous one is
the rule that boys get and girls don't
and then you have another rule that a
Bor gets a double portion and the non
Bor does not get a double portion and
very often in the interest of family
Harmony and Shalom uh and to protect
your children you'll want to create a
greater scheme of equality where boys
girls uh share equally and the Bor is
the same as everybody else so the
interesting question is number one well
are you allowed to do that I mean are
you allowed to just bring in your
egalitarian ideas if the Torah gives us
a scheme of inheritance uh the short
answer is you are allowed to do that but
you have to follow it in certain halakic
ways meaning meaning if you simply write
a will that says All My Children share
equally well listen if if you let me
explain a very simple thing if you know
your
kids and you know that your kids are
happy to share then you can simply say
listen I want everything to be divided
equally and you don't have to worry
about it a will in other words from the
standpoint of is simply a statement of
telling my kids what I would like but if
one of the
sons does not want their sister to
inherit they have the right to go to
B and they have the right to say she
cannot hold on to that jusha she is a
thief which means because of this
because since you never know the
unpredictability of money and Estates
and Yates orus because of this uh it is
advised that if you want to create an
equality you do so in a way that creates
H validity not simply stating again as I
say if you know your kids you don't need
to do all of this you can just say hey I
know my son gets everything and my
daughter gets nothing but I want it to
be equal got it and you know a lot of
times that's going to work out a lot of
time it is going to work out but it
doesn't obligate them Kim doesn't apply
to yusha and everything else so there
areic ways of creating Wills uh there
are attorneys who specialize in this
field um T many of you might know is
actually a person who does a lot of this
work all of the time she speaks in the U
about it and you know I'll be happy to
even give a share about it
let me just point out though that even
if you create a Hally valid will that
creates equality and treats the B like
everybody else it is brought down that
there should be a portion of your estate
even if it's very small that follows the
S yusha of the Torah so it's brought
down that the just give you an example
that many have a Min that The KES of the
home should be based on the Seder yusha
so even if my bank accounts and my
pensions and whatever property uh a
person has you want to make it equal
through a will but you take or you take
jewelry or you take something it could
really be anything and you say the
following items should be divided in
accordance with the laws of inheritance
of the Torah including the double
portion of the B and the like so again
you to a rabbi talk to Tera you can talk
to me as well and maybe we'll give a
share about that but but you are correct
but but for now I I'm just interested in
going over the uh the the difference
between the p and the pigon pigon so now
reaber asks a very very simple
question a was
nadesh because they were saved in MIT
they were saved in
now every type
of was vulnerable
to whether it was the firstborn of the
mother or the firstborn of the father if
a woman had children but this was the
firstborn of the
father that Bor would die
too so why is
piden only for a b from the mother and
not a from the father if Mak applied
both to the father and to the mother for
example the fast of the firstborn on era
of
PES both both types of firstborn fast so
why is pige
only and not this is a question reaber
great reaber asks and in time honored
Jewish fashion he answers the question
by asking another question right this is
how we always ask question with the
question and that is there's a famous
contradiction in
par
in one says you shall when you Slaughter
the carbon PES put the blood on your
doorposts so that the power of
Destruction that's the angel of death
the Mal
should know not to enter your
house now that implies that Mak was
affected by the Mal by the Mas and you
need the blood so the Mas will know not
to go
in but we have another P where hasem
says we mentioned in the I will pass
through and as
the an I will do
it not a Mal
another type of
Angel so what was it was Mak affected
through KES
himself or was Mak affected through an
angel right this it's a sta now some
answer the STA this way the actual
makos was affected by God nevertheless
a certain number of natural deaths were
to occur that night as well meaning some
people who died it may have been their
time to die either they were not even
firstborn or even if they were firstborn
it happened to be that you know their
death corresponds with Mak but it's not
because of
Mak so when it says that the of the
carbon PES and the blood on the doorpost
will prevent the Mal from entering
it doesn't mean it does not mean it'll
prevent the Mal from killing the
firstborn that was God's portfolio but
it means there won't even be natural
deaths meaning no Jewish person died the
night of
yat right that night so that's one way
of answering it that
did is referring to Natural death but
reer wants to give a different answer he
wants to say that we split up Mak into
two those who were the first born of the
mother were killed by the
Mal and those who were the firstborn of
the father had to be killed by God
himself why is that so because the EMS
is uh it's a well-known idea you know we
know that Judaism is matrilineal right
we go according to the mother well one
of the reasons is not the only reason is
because in a promiscuous culture it's
really impossible to know always before
DNA at least who is the father a woman
could be with many many men whether
she's married or not and as a result how
do I know who the father is but a of a
mother you know we can know because we
could see if we examine the woman that
you know she hadn't had children before
or whatever it is so M like this there
is actually a medish that says that the
reason why God had to kill the
firstborn is that only God could
determine who was a firstborn of the
father because the father could have had
many children even an angel wouldn't be
able to figure out in egpt because Egypt
was so promiscuous even angels couldn't
figure out who is the firstborn of the
father so Hashem had to say I'll handle
that firstborn of the mother okay the
Angels could figure that out so Reis Mas
he answers the contradiction that when
it says the that was through
a that's the B may
aim when it says it came from
Hashem it's may have so now reer says
the
following the idea that a is Holy
because they're
saved implies that they were vulnerable
I mean you understand that that that
mean the fact that
abor is Holy because he was saved
meaning he could have died and why is
that so because Rashi says when hasem
gives
R to the angel of
death the angel of death can get
everybody but the angel of death was
only given permission over
the so it was only the May of Isel that
was vulnerable the May was out outside
of his jurisdiction that was God's
portfolio therefore the B may of the
Jewish people was were never vulnerable
if they were never vulnerable they were
not Sanctified so it's is a very
ingenious answer why piden is only May
aim and not may now a few things though
uh it is
true that
um the there are some
complications we know that a the child
of a Coen or a
Ley does not have pigeon a Ben so if the
father is a Coen or a Ley no pigeon a
Ben but somewhat
unusually if the
mother is a boss Coen or a boss Ley so
if if a Israel marries a BOS coin or a
BOS leavy there is no pigeon a Ben
but here we have a very very fascinating
H
distinction between a BOS Co and aasy
the common denominator is by the way
don't get confused some people think I
mean it's just a mistake but some people
erroneously think that the
daughter of a Bas
Ley her in other words if if her mother
words they think if a woman's mother was
a BAS leavy there's no pigeon a b that's
not true in other words uh it is the
daughter of a man who is a Coen or Ley
that is exempt from pige aen or the wife
of a Coen or a
Ley we know
that if a bus I'm sorry if a if a woman
any Jewish
woman had relations with a
non-jew she is not allowed to marry a
Coen actually I'm going to digress for a
moment to explain something
again we get this question all the time
in in the world of balet CHA Etc there's
all sorts of issues about who can marry
a Coen who cannot marry a
Coen and it's very important to to
underscore that a uh a woman who is not
a virgin is allowed to marry a Cohen
generally speaking the requirement that
a woman be a virgin is only cohain to
marry a Coen God which we don't have
today the only thing is the Torah
prohibits say Coen from marrying a
divorced woman a woman who got a get
that's a grusa and there are other
things as well but one of the people a
Coen cannot marry is um what is called a
Zona which means a promiscuous woman but
Hally Zona does not mean prostitute it
refers to a woman that had intercourse
with a
non-jew so if a woman had intercourse
with a
non-jew she cannot marry a
calling now rosha Feinstein wrote many
years ago that uh if a Coen does not
know her particular status he is
permitted to assume that
heras status quo is kosher uh some
people question whether that would
change in light of recent decades and
have gotten less moral but generally
speaking at least in the United States
the standard Pak of most ranim uh is uh
what you don't know doesn't hurt and
there's not even a necessarily to
investigate you can go according
toas nevertheless I do have to say if
the woman herself
knows that she was with a non-jew the
woman herself is not allow if she's
religious she is not allowed to marry a
Cohen because she yes he doesn't have to
ask questions yeah granted I understand
that but if she knows it's trfe so to
speak okay I don't want to get into that
but generally speaking though the
implication of having relations with a
with a non-jew only impacts on marrying
a
cooh and yet there are some secondary
implications and that is if a boss
Cohan had relations with a
non-jew she loses her
status as a Bas she doesn't have the
whole Holiness of a Bas Coen and that
actually means therefore if a Bas Coen
had relations with a non-jew but no no
children she then marries a Jewish man
she's obligated the child is obligated
in Pon haben because the same way that
the relation to the non-jew would
desecrator from marrying a Coen if she
is a Bas Coen it takes away the kadu
ofun so there would be a in P now
interestingly enough if a Bas
slavy had relations with a
non-jew she would still
retain her status as
bavy and there would be no
obligation of there would not be an
obligation of pidun aen you see so this
is very very interesting where the uh
the relationship with the non-jew will
take away will be m p
forain and not foras so here let me
raise the interesting analytical
question that you could you could think
about every
cohain is also a
leing a cohain is a leing within the
tribe of Levan a smaller group from
Aon right uh mosha and Aon were
brothers Moshe was a
Ley right so in Korah right Aon well two
brothers don't get called up one after
the other anyway but okay that's a later
thing but you know mosha would get I'm
sorry Aon would get Co mosha would get
Ley so and in fact Hally I can prove to
you that this is the case the Tyra
says that in the time when we used to
give
Maser uh to Kohan and
that you know you give truma 2% you give
to a Ka and 10% of your crop that grows
in Israel you give to a Ley that's
called
Mason now at the time of the second
temple very few levim showed up most of
them stayed in Babylonia so Ezra made a
canas Ezra said from now on we're going
to punish the levim mlus is a permanent
temporary that instead of giving your m
to a
ladyy you give your master to a
Cohen how could that be uh you're
supposed to give Master to a Ley and the
explanation is because every coing is a
Ley so therefore if Ezra says don't give
it to a Ley Ley give it to a Coen Ley
that's okay okay that's the con okay so
here's my
question if you're telling me that a BOS
Coen loses her status as BOS Coen
because of intercourse with a guy but a
b slavy does not lose her status as a b
slavy because of V to a then why don't
you simply say that the Bas Coen that
had relations with a non-jew loses her
status of
baso but she still remains a basley and
if she remains a bavy that should exempt
the child in pig you see just difficult
why are you knocking her down to zero
you're basically she's a she loses that
kadha but if a bavy doesn't lose the
Holiness then why should she lose the
Holiness of bavy that that is actually I
think it's a very good question again
the the Theon discuss it but don't
confuse this with the bottom line the
bottom line is indeed as the paskins
that a basen who had relations with say
go the child is obligated no the child
from the Jew is obligated in Pigeon the
bavy that had a child that was with a
guy and has a child remains a bavy and
therefore the child is exempt from pin
yeah yeah well um what if
um okay whatever whatever it comes to
yeah yeah isn't that embarrassing
a person
Foria King's daughter has a pigeon have
and everybody knows why yeah yeah okay
well you're right yeah this is this this
is kind this is okay I got you so this
is the opposite of a rage's problem
rage's problem was that not doing the
pigeon a Ben would be embarrassing
you're raising the issue doing the
pigeon a Ben is embarrassing yeah the so
the short answer would be you know the
short answer would be assuming her
husband knows about it uh would be you
do just do it privately that's all in
other words do it privately meaning
don't uh don't invite your parents don't
tell anybody there was a pigeon a Ben a
pigeon a Ben is allowed to be a private
event uh you know it's customary we like
to make a suit Etc but you do not need a
Minion for Pigeon a Ben in fact you
don't even need the baby in Pigeon a Ben
um it's a little
strange you know it's a little strange I
mean I I I'm unfortunately I'm involved
with a um a young couple uh that got
divorced very very soon after the
marriage uh uh she was already
pregnant uh and uh they got divorced
before the B before the child was
born and uh because the relationship is
not so great Etc uh the Bon like did not
allow him to be there for the
festivities of pigeon Aben but he has
the MIT he has to come up with the money
so to speak it's not a lot of money he
has so he did the pigeon a by himself
with the Coen and he was not without the
baby even present again that's a very
sad thing but Hally that that is the
case uh of course let me just point out
the of p is a very very strange if
you've done it or seen it or heard it or
read it in which the Coen gives the
Father the
choice what do you want more do you want
your son or do you want to hold on to
the five sellas we'll talk about the
amount of money that is and the father
is supposed to say hopefully he will say
uh I want to hold on to my son here is
the five
five and people ask the question what
what type of business is this I mean uh
you're implying the guy has a choice so
someone to say there's a there's an
indirect message here meaning yeah the
of course does not reflect the
reality in fact you don't even have the
choice even if you say uh I'd rather
keep the money you're in but it's kind
of a reference to the person it's a
muser what is more important in your
life raising your
child or the money that you make and the
truth of the matter is when we start
asking ourselves those questions
sometimes it's a little uncomfortable
because I mean obviously every every
parent cares more about their child than
the money but in terms of the allocation
of time and energy it's not so P how
much time how much energy do we put into
making a living neglecting what do they
tell the story they tell the story about
a father uh this is not a Jewish story
necessarily but um he's a big lawyer and
he's always meeting with clients always
negotiating when he comes home he's on
the phone so uh his son asked him one
day you know Dad you know Dad you're
always so busy he says um how much do
you charge per hour so she said well I
charge you know $250 per hour so like
two months later the kid calls him up he
says you know Dad I've been saving
allowance money and I have
$250 I'd like to buy I'd like to buy an
hour of your time he says he says I'll
pay you for the hour so so the question
what do you want more your money or your
it's the famous thing about um Jack
Benny you know who actually was a
generous person but uh his Persona was
he was very very stingy so uh when he
used to be on the when he used to be in
the radio before television so he's
mugged in Central Park you know your
money or your life and on radio there
was a 30C pause 30C pause which is huge
in radio It's amazing And he says I'm
thinking about it I'm thinking about it
but the truth is say such a thing
you you should
love with all of your
heart with all of your
life with all of your might which is
interpreted all of your money and Rashi
raises the question if you have to give
up your life for Hashem at least in some
cases
then it's obvious you give up your money
K and Rashi says exactly as Jack Benny
said maybe he remembered it
from there are people whose money is
more valuable than their lives and if
that sounds know ridiculous or
impossible the truth is no it's not
because in terms of the energy in terms
of everything you know people drive
themselves to to death early death
because well did you want to say
something yeah um I don't know if this
is pertinent to right now you want to go
into this but I'm just curious if a
cohain uh who was married and then he
has an affair and he ends up marrying
her later a non a Jewish woman uh does
does he was already in an affair with
her uh when does he have to give up his
Cohan ship in the
in the
community she she was she was non-jewish
or she was Jewish she was Jewish um but
she's divorced oh oh oh oh she's
divorced I'm sorry she had a GU oh I see
yeah well okay here's the interesting
thing it's a little bit of an
interesting Paradox if a Coen marries a
divorced woman and has a child no no no
no I understand the child is not a Coen
he's called a kalal he's desecrated but
the Coen himself who committed the sin
this is an odity in the Coen who
committed the sin of marrying a divorced
woman remains a Coen but he's not
allowed to have the honors of a Coen
until he separates from the woman he's
he's with so wait wait which woman in
other words well I only heard you
mentioned one
woman yeah I'm sorry he was married to a
Jewish woman yes and did the Cohan
and then yeah he had an affair and then
he ended up marrying that Affair after
he divorced uh his original wife oh in
other words he committed he committed
adultery while he was still married yes
then he divorced his wife and then he
married the woman which by the way he's
not allowed to do in other words number
one he's not allowed to commit adultery
that's for sure but number two Let me
just remind people that if he committed
adultery even if he then divorces his
wife he is actually not allow to marry
the woman that he committed adultery
with so there's really two different AAS
here adultery is a more severe AA but
there's also the is of s of marrying
woman adultery so I mean Hally uh
basically he would not be given the
honors of the Coen from the time he had
the
affair but but it's not that he loses
the kahun it's like it's like it's in
suspension uh he is suspended from
Kahuna until he separates from the so he
has to tell the congregation I'm not
going to
well uh here's the thing I mean a guy a
guy a guy who is transgressing The Ten
Commandments is probably not going to
care about this Rabin this is a Rabin
law that we don't give honors to a cooh
he probably doesn't care about
that stop being a
CO well well he's suspended from being a
Cohen I mean he he is a Cohen actually
but he's suspended yeah wait if he has a
child with this woman I'm sorry he has a
son with this woman well first oh one
second one one uh one second uh if he
has a son with a woman that he's
committing adultery with the child is a
momser it's a much more serious problem
than not being a CO if he has a child no
there is no momer is Pigeon a Ben too
yeah yeah yeah yeah yeah it could be a
mom but there're still pigeon a Ben
yeah yeah he lose also
everything a ladyy also I mean generally
speaking Bey if
B but does he still have
a have a that is he still a Ley in other
words yeah um a which is a child born
from a prohibited Co Coen marriage um is
not a Coen that's for sure the question
is we go back to our question does does
he still have the Holiness of
um based on the pigeoning would appear
not meaning once he's goes loses Goa he
loses Leva automatically
yeah she was forced against her will to
with a go you mean like raped by yeah
yeah so again this is a hard situation L
say yes uh the the the rule that the
relationships disqualify a woman from
Kahuna apply whether they're voluntary
or involuntary uh that's what the gar
always says uh God forbid it it should
never happen um if a wife of a Cohan is
raped against her will uh she Hally
might not stay with her husband but but
but there's a huge loophole there so
please uh do not P it on your own on
this and that is the evidentiary rules
for establishing that fact can be very
very strict and that's actually works to
a marriage's benefit meaning even if a
woman were to
declare that she were raped and there's
a police report Hally that would not be
enough evidence and therefore de facto
most of the time women can do stay
married to their husbands but at least
theoretically there is the the
possibility of right so this is where
halakic Rules of Evidence are extremely
important like this is across the board
this is something that a has to be very
very very sensitive to I mean I'll give
you a an amazing example of this uh
nothing to do with Kahuna but it's such
an interesting story and once again
maybe it dub tales with Raj yosef's
concern for human dignity and not
humiliating somebody uh there was a boy
uh who had lost his mother a few years
before and uh before she died uh she
gave him a locket like something to wear
uh and and said please open this on the
day of your marriage under the okay so
he figured it would be a note a message
something you know a hair some some way
of remembering so mosha finds him this
mad ction this is such a bizarre story I
I'm smiling but I shouldn't smile
because it really was a very sad story
so he's under the and right before the
great moment of you know giving the ring
and marrying his partner in life he
opens the locket to have a little
remembrance of his mom and the has a
note that says uh your father is not
your father I had an affair uh and you
are you are really born from another man
which of course would make him a momser
we can't get married now why mom would
say open under the that that's beyond
that's beyond me I mean this could have
been discussed at an earlier point but
whatever so so the the guy so the kid
opens up the locket he looks at the
thing and he turns white and he starts
shaking so rosha find is standing there
R says what's wrong what's wrong so
wordless wordlessly he hands
Moshe the note ra Moshe reads the note
he rips it in two and puts it into the
in his pocket and say let's just
continue with
the because ra says you
know even the mother herself cannot a
mother cannot say you're born from an
affair haa assumes in the absence of
proof
that a married couple have their
children from each other and the fact
that she says she had an
affair is not does not establish
anything so mosha went ahead and was mad
kadan so the Rules of Evidence are very
important yeah I could tell you a child
born from adultery is a mser that's very
true but how do you prove that in fact
Rebel Yash took the position that even a
DNA
test let's assume there's a DNA test
that this kid is not from his uh father
from we thought it was his father is
from somebody else a DNA test rash said
that's not not not not not everybody
agrees with him but Ru took the position
a DNA test does not establish and that
is why the raban nut
actually uh does not allow DNA testing
because it's going to CL cloudy the
waters meaning it's going to make things
very very murky it's going to cast
dispersions which are not Hally
Justified Hally Justified and therefore
better not even to do it and a husband
should assume that this child is my is
my child and even if the child doesn't
look like him and even if it looks like
Arnold Schwarzenegger whatever
whatever whatever whatever it would be
right it was actually actual case I'm
referring to but even if it looks like
that but nevertheless H says there are
certain rules of evidence that you have
to go with
yeah give a reason why
yes uh so it's interesting you know he
said that um it is a test as a test it
is um it is fallible it does not have
the status now now now I know I know
that whenever here's something
interesting I know when people hear this
they immediately oh come on you know
it's one in a billion thing it's so but
you know I read uh last time I was on a
flight which was a long time ago there
was an article in uh the Atlantic that
actually said that although when the
test is done correctly it is accurate to
an astounding degree but the amount of
mistakes that are made in in the testing
are very very high and they say that in
some cases as much as 30% of the results
might be incorrect In other words um so
the de facto accuracy could be knocked
down now again obviously depends on the
lab for sure uh but there have been
cases that's why there is a you know a
project in the United States called the
Innocence Project which goes through
people who were convicted in death row
and uh it actually manages to clear a
lot of them uh and some of it some of it
is by doing genetic testing but some of
it is by correcting either errors or
intentional distortions in genetic
testing that took place because a lot a
lot of the laboratory technicians are
you know not you know I'm not casting
his verions on everybody but a lot of
them are not trained very well uh it's a
low it's a low paying job in some
situations and therefore they make uh
they make mistakes they make mistakes
yeah so would that also mean that like
when the hospital makes a mistake
implant wrong embryo the DNA T not the
embo that would stand uh well again the
logic of Rebel yashiv would say that you
still assume this is your child this is
the the presumption now people do argue
with this again I don't want to I'm not
I don't want to I mean rash was a great
great great POS but I don't want to
suggest was the only word on this uh
meaning there are pokim who indeed
consider DNA evidence to be
equivalent or better than Witnesses ADM
and therefore they would allow DNA for
all of these purposes so this is a very
live mlus in fact it's relevant an aunus
actually a World Trade Center when you
have uh dead bodies pieces of dead
bodies and you don't necessarily have a
way of visual identification so there
are different things there's
fingerprints there's uh dental records
DNA and all of these are going to be
questions as to what Hal would accept as
evidence of death which is very very
important because that determines
whether a woman or could remarry or or
the like soash was pretty strict he was
strict and leaning you see how this
works meaning by having this no DNA
policy so on one hand that may that may
make life tough for
not but it makes life easier for mser
problems right so you can't look at it
as you know am I being Mel or I being
mmir because it'll have implications in
both uh in both directions so this is
the interesting distinction between a
Bas Coen and a Bas Ley in the laws of
piden B coin is has a kid that requires
a pigon event can her father do the
pigon yeah that's a very good uh that's
a very uh good point uh yeah if if we
assume that the Bas Coen because of her
relations with a the kid needs a
pigeon aen can she use her father as the
co to give the Redemption money to why
not why not no no reason why not uh
there's no it's not like witnesses that
you can't use relatives you can use
relatives in uh in pidun haben uh just
one final little fact uh the Torah is K
that the amount of piden is five sellas
which was again a denomination at one
point and five c a c is four
Zim so five sellas is
20im let me just remind you that the
quantity of a casua is 200 Z so one
thing to remember in terms of
correlation and that is a sua is 10
times the amount of
piden okay just a correlation to be
aware of now what exactly is this so
keep in mind the following
idea denominations in the Torah although
they're described as currency are not
really currency they are based on Silver
weight and therefore the exact amount
that you have to give is not fixed but
it
fluctuates with the market value of
silver the Kaz Nish who's the strictest
of everybody and in in quantities
calculates that the Shor of the five
sellas of pigeon aen is 96
gram of pure
silver now you don't have to give it a
silver you can give it as money not
paper money you can give it as coins you
can give it as you know you can give a
computer you can give a car for Pigeon
event that's shove aess anything worth
money is like money but you have to give
something that is
worth see how it is worth
96 grams of silver on the day that
you're doing the pigeon event that's how
you compute it so if you would ask me so
it's not five silver dollars love daa uh
number one well they don't make I don't
think they do they still make silver
dollars in the US I don't know if they
do uh but when they used to make silver
dollars uh some of them were adulterated
with copper Etc so you have to be sure
that there's 96 grams of silver and
that's why here in arell they they mint
special
medallions that are called you know
whatever pigeon aen coins they're not
they're not money you can't go into a
Maka and buy anything with it but by
definition they contain the requisite
silver I don't remember how much they
put in I don't think they follow the K
very I mean the other calculations are
less but this is an important Point
pigeon aen is not based on a fixed
amount of
money it's very important it is based on
the value of a fixed weight of silver so
when silver is
high then the amount you have to give
for Pigeon a Ben is going to be higher
when silver is low the amount you give
for Pigeon Ben is going to be less by
the way the kba is exactly the same way
as I mentioned the CBA is 10 times
pigeon once again that correlates with
silver so if you if you were to ask me
like how much money is AA worth it could
be anywhere from 5,000 to 50,000 because
silver over the decades has actually
fluctuated quite a lot so it all depends
on uh the silver price okay have a good
week and we'll continue next week