Abba Shaul's Requirement of Kavanna in Yibum: De'oirasa or M'drabanan

this Torah class is brought to you by Torah anytime.com good morning everyone we have very interesting suya today and that is the suya of regarding the necessity for the performance of to the about a third of the way down says this is that but that's only in the beginning that they were but nowadays that they're not we say that seems to be like because according to the what difference does it make if people are not that so what difference does it make if nowadays people are not because of this that the is like because is like abash and not like r that says that the changed their mind and they ultimately decided that the is not like a little further down on the page gar says in the beginning there came first but now that the comes first says no they reverted back to saying asked are people better today so said not at all at all originally they held like they need ultimately They concluded like the and thees says that someone who marries y for beauty or for marriage or for something else it's like you're p in Thea itself and says the here listen to these words it's as if you're living with and it's close in my eyes to say the V and say it doesn't matter what your is so while says no if you're not if you're that is the ra and the like like so now we want to examine um the following major question on abash let me bring up the uh Mar here all righty um see what we could do um here we go thean question is like this there is a mishna you have a gamar my gamar um I'm just getting my gamar where where is the gamarra there's a mish that says that someone who is regardless of of living with the now what does it mean b b means you're doing it just to because of her beauty for nothing else as if it would be so is you're kind her so that Mish seems to be like so seems to be excuse me not like abash cuz it says uh you could marry her whatever your your intentions are um irrespective or don't make it don't matter so we have aish not like so the ran says someone who lives with he's coerced or he does you should not be he lives with her for the Mitzvah how could say that if you live with a woman it's as if you're living with Ana and the child is a m and the toyra on the other hand DARS that you're her regardless in other words there's a that seems that no is needed and that's against says according to if you live with not only is it like living with an you're not and the Miss later says you are her the says and therefore if we have a later on not like basically now we have a mish that says you're even if you're so we so the the matter is concluded that is like from many that in fact you're kind to her so is saying that in fact you are this um the say You' be kind of the woman the mishna says you're kind of the woman so clearly the mishna is not like abash in other words the ran is learning that ab's requirement that you your is a Biblical requirement not a Rabin requirement because if only meant M it's like being and it's if these were only then the would not be against because that says you're yes certainly you're because only requires is of the opinion that according to this is a Biblical requirement let's see the rvah the RV in the beginning of um the beginning of he says it seems like there's a he said earlier and he meant even cuz he didn't say he says you did it and even the evidence no good means for beauty says says the not like the ra that means even you're not it could be only set when he said it's as if you're he meant M and when he said and say no even you're not this is a more correct way to learn the Su by the way the ran again learns that abash cannot be consed with the Mish because the Mish says that you are and according to according to you're not now we have to understand according to the ran that in that it's a that you need to what does mean it should be you are being and the Vlad is a why only is it as if meaning in the you could say it's as if you're or it's but in the that why is it only why is it only said but says it is more correct to say was only speaking this is more correct why doesn't the the beginning of the sixth per say the says that should say this is not like the Mish could fit into AB because abash is only speaking now this is another interesting thing what about the if is only talking on a Rabin level that it's and it's then do the say says everyone says you shouldn't do it for Beauty and the question just is if you did it is it like rically considered your and rically the vad mean everyone says you shouldn't do it even the question though is if you did do it now so you're that everyone also agrees with there's this very small if you did it is there like a rabbi infraction then say from the beginning of the six par according to the according to the yeah if some marries a woman because of beauty what is there none but we're not talking about marrying we're talking about Maring the the only gave a on the if you're in other words the same way she would have children so it's not a situation of you're not performing theah of you're not so why doesn't say that hold your then it seems like that it's why doesn't well I mean the gar says so so why why is that also should be M okay we uh we'll possibly give an approach for that coming up there's uh the way rski reads thear ran and there's the Carano that I didn't put on the sheet but maybe I'll whip it out let's see the M says that which we said if you live with [Music] you can't do it that's why this doesn't say that our Mish is not like why don't we say the mishna is not like here when we say it's for beauty so how does this fit into mean you're not allowed to here we're talking about and what they agree you're not allowed to but they argue even in other words agree you're allowed to everyone agrees if you did it it's not the question is you're being do we say it's and the child will be a m so is like the so now the shil is in the ran like Ras was asking why if in according to ran it's it's why does he say why it should be um it it should be so res arue the opinion of holds that it's like and there's an the answer is abash is not sure if he's right ab's whether you have to be M or you don't have to be that's all AB means AB would say if I would be definitive that this is a I would say it's and the thing is I'm not certain but according to the position that you need to and that's why the ran says that that which we learned in that's not like how could it be it's like you're living with the and the says you're and therefore the raan says is not like abash let's see if I copied the right thing here no you hear how is learning the ran is learning the ran that in the the if there is a requirement to and it's living with her would be a and the child would be a m the only reason AB says and is because is not sure but if anybody would be sure of that position then it would be and the Vlad would be a now bear with me one second I'm just getting the Cara don't go anywhere I am back okay the kar does not quite learn the ramban like rovski that abash himself is mic whether you need to or not mean the the way is learning the ran it seems that if you would be definitive about that it would be like living with Ana now I want to share with you a k the caran and then I'm going to come back to answer it at the end of the sh the Cara asks on the ran according to abash can a or do what's the answer is yes he's what about's not how's going to deal with that it's a beish mishna St mishna that's one C of the caran clearly you don't have to have cavana the caranoa says m the Julio M have a m the way that K learns and this is going to fit well into uh interesting says that in the world of abash is the we could do you need to be or is it that you're not allowed to be do you need positive mitvah if so a cuton shouldn't be able to do it or shouldn't be able to do it or is it that you don't need kavana you don't need positive it's just you're not to you can't have a negative and in that case we understand why and and a because they may not have positive but they're not having negative kavana and so it says now in the world that you have to have positive and if that's so I could understand that I can understand what the potential is would beah and if you're not you're not getting the Mitzvah but if it's that you're not to have negative maybe the of is if you're having negative kav when you're doing the Mitzvah it's a you're doing an a that's how the caranoa learns that having kavana or is a negative it's a to do that and because of the of that a abash says it's like you're living with Ana and it's as if the child is a m but you're not living with Anan it's not the child is not a m and the is not an it's an of that the says we don't want you to have improper kavas here so the also says in his opinion you don't need positive kavas you not have negative okay and he says the is the proves not like from the if you live with a woman you're not I mean if you live with a woman B you're and the ran says that doesn't fit who would say if you live with a woman you're not why didn't ran bring a explicitly that a is so that doesn't fit into why does ran have to bring that from you're to prove that is not like AB why bring her proof against from and would agree your because you're not having negative it's only would disagree about he would say you're not because that's negative look he says that according to that according to if you're he brings from the he doesn't prove anything from and even though the ra writes must be even according to it's okay because you're not having negative kavana now even in the world that you don't have to have positive kavana you don't have to have negative kavan you could still learn two ways you could potentially learn like the ramban the way rski learns ran that if you have negative you're not and it doesn't push off the and it's an the and the reason why says not sure but the K doesn't learn that way he learns negative kavana is a separate is it's an a to do for is not but it's not the is removed and there's NOA here um I want to show you oh I I left out an important my and that is the B the bmu one of the he's not happy with the ran the ran again says that is wrong because we have a mishna later on not like him the B wants to say that even if you say that you need to be would still say you're the feels that it's not irreconcilable that you could reconcile the a Biblical requirement to be with the Mish later on that says that you're if you live with you're this is going I'm sorry this for whatever reason didn't make it on the sheet um if you have an Evar handy It's s when the says if you live with a you're says the even those that like who says that if yeah even though why now is going say that he holds it only therefore because there's no okay so so far we we haven't heard the Whopper is saying that of course in the world of you'll be because he learns holds its only reab requirement but now the takes it to the extreme you could still argue even if the requirement to you're still kind of her now that's a Whopper how could such a thing be that even though even if you have to having you're still kind to her so based on what we learned we should have an answer the answer is possibly like the Kara that you don't have to have positive kavana you just can't have negative kavana and the is of negative kavana it's in the T there's a new is in the Tyra called you're not allowed to live with the Y for ulterior motives it the Mitzvah is not hinged on it in other words if you did it you're going to be the Mitzvah it's just to do to live with her shame or that might be a potential way to understand the B [Music] now I'm sort of taking an easy way out here um based on the car that it seems like the one way to learn this Su is that AB has like a outside superimposed requirement that you're that not that you have to but you're not allowed to be M for an ulterior motive and that's a ver but there are those who learn the ramban that if you're M negatively you're not M the mitvah and still learns you could be kind her and that's sort of where some of the russas go um is there room to say that even if you're not M the Mitzvah you're still not and you're still kind her meaning does the Kenyon of the I is that hinged on the Fulfillment of the Mitzvah or are they sort of separate can a Kenyon transpire without the Fulfillment of a Mitzvah okay RAB that's what I got for you today um wishing everyone a great day thanks for joining and uh bem tomorrow night D me D me thanks for tuning in have a great one you've just experienced another Torah class brought to you by Torah anytime.com