0:00 / 0:00
Rambam Mishneh Torah: Hilchos Talmud Torah Chapter 7
465 views
For Source Sheets: https://www.theyeshiva.net/jewish/7683 This class in Rambam the laws of Talmud Torah, chapter seven, wil be presented on Thursday Parshas Reah, 23 Av, 5780, August 13, 2020, streaming live from Rabbi Jacobson's home in Monsey, NY
Comments(0)
Transcript
Auto-generated transcript. Not time-synced to the video.
the yeshiva.net
[Music]
rambam the seventh and last chapter of
the laws of today's studies at the end
of chapter 6 the rambam enumerated
24 sins which theoretically wore into
needle excommunication the first one was
somebody who scorns embarrasses or
terrorist atom
the last one of the 24 is somebody who
excommunicates somebody else and he was
not deserving of it then he himself
becomes excommunicated and then there
were the 22 in between
now the rambam in the seventh chapter
continues on this very theme
if you have a sage who was one of the
outstanding sages of the generation an
extraordinary sage
oh you have the nasi remember the time
of the baby and even afterwards you had
the sanhedrin
the supreme court of the jewish people
which numbered 71 sages
and the one on the top the one who was
considered the spiritual leader of the
jewish people is called the nasi the
prince then you have the avbesden who's
under him he is the father of the best
and he is the head of the great
sanhedrin of the great court
so when you have an outstanding sage or
the nasi or the
who committed a terrible sin that would
warrant excommunication
so nobody is above the law in judaism
not a nasty not enough based in a not a
king
nobody not even maishna banu is above
the lawmaker
we never excommunicate them publicly
which means
we do not make turn it into a public
ordeal
unless this person even though he's a
great personality
emulates the path of yurovan benevot and
his colleagues
was considered the greatest terrorist
age of his generation that's what the
gemara says in sanhedrin
deriving it from the verses in and after
shlaim
allah passed away his son succeeded him
as the king of the jewish people
and then your raven benevot split off
from and he became an independent king
and this established what we know as the
northern kingdom
a civil a civil strife between the two
kingdoms of the jewish people malchus
israel and even though iran have had
such a promising destiny in the jewish
people
in his attempt to dissuade the jews from
going back to jerusalem and going to the
bay samitosan
erected two golden calves and introduced
pagan idolatry into the jewish world the
pikavas calls him
he basically spiritually demoralized and
broke the spine of the jewish people
causing
so many to sin and abandon mitzvos and
abandon their muna in hashem
if a nasi or an afbestin or engages in
such type of behavior then it's
important to publicize what happened not
only to communicate them but to
publicize it so people should understand
the
depth of the tragedy and be careful but
if that is not the case
if they just committed a sin and there's
hope that they're going to do truva so
even if we excommunicate them we don't
want to publicize it not only because we
don't want to embarrass them
because ultimately it can demoralize the
entire nation
and therefore we are so sensitive
but if he engaged in other sins even if
it's a serious sin
that theoretically could warrant a
punishment like lashes
we will lash them but clandestinely
privately shinema the passage says in
hishaya
haishaya parikdala this is a very
scathing
chapter where the navi chastises and
rebukes the jewish people for
immoral and promiscuous behavior and he
you have says today and also the prophet
stumbled with you during the night
so hazal explain
this means even when the prophet or in
this in this situation the
great titus sage who is a conduit for
the words of turn even if he stumbled
cover it up like the knight so even
though he has to receive lashes
let it be privately secretly and even if
he has to be excommunicated
he shouldn't be scorned and disgraced
and humiliated publicly it should be
like the darkness of night where people
do not see it again
because this person is such an
outstanding figure in the jewish
figure in the jewish world if we place a
public ban and excommunication
on him unless he's really really
deserving of that type of treatment
because he is a danger
to claudius like your oven benefit and
his friends but if that's not the
situation
then we want to protect not only him but
we also want to
protect the jewish people who have had
so much honor and so much respect
for this person if we see that this
person made a mistake and hopefully they
will repent and come back
and therefore we protect their honor the
imrim
the way we excommunicate one of these
three individuals is by saying to him
he coveted the shave babes your respect
will be
if you stay home quarantined if you
remain quarantined in your home
in other words you have to stay home
this is how you will gain your respect
so even the language we use for the
excommunication
is a subtle one it's a refined one
similarly
any torah sage even if he's not in this
category of a zakin mufligara
nasi but he is deserving of
excommunication also the best
it's forbidden for the jewish court to
jump on him and to swiftly excommunicate
him allah as much as possible
they try to run away from these
situations and try to avoid it avo
try to avoid it in other words never
ever will they seek
you know the having a grind to acts oh
he's never liked him
he did something wrong let's jump and
excommunicate it on the contrary they
will try to do whatever they can to
avoid this
the pious one from among the sages used
to praise themselves that they never
ever
gathered and became part of a court part
of a vote to excommunicate the talmud
this is based on a gemara muay qatar
udain word of papa one of the greatest
talmudic sages
said tastily i deserve great reward that
throughout my entire life
i would never be involved in
excommunicating
even though the same pious ones would
become part of a vote of desden
to vote if he's deserving of lashes and
they would say yeah
and and if if he would be deserving they
would be part of that
fellow marcus and even rebellious lashes
which is basically the type of
punishments that desden might administer
for somebody who doesn't violate a
biblical law but somebody who violates
a rabbinic law so besdon sees and
decides what type of
punishment or penalty is fit for this
person so he might
he may join the vote for a talmud if
he's deserving of it
if he's deserving even of rebellious
lashes but not for excommunication
because
excommunication is far more severe even
than corporal punishment
halacha base till now we learned why
what sins warrant excommunication
weren't warranty
and who we excommunicate we
excommunicate everybody but how we deal
with it when
we're talking about an outstanding
figure in the jewish world now comes a
lot of base what is excommunication
what happens what are the ramifications
vacation
what is nido how do you do this they say
plainly bashanta
so and so is under a ban the immediate
fun of if it's in his presence
they say then this person who's right
here is basham this under a ban
there is a more severe form of
excommunication called the rama is going
to discuss that later
so when somebody is placed under a harem
then they say mukhram
so and so is under excommunication on
the level of
not plainly basham but plain in much
basically says
there's different terms that are used
you could say this and this person
whether he's in front of us or not in
front of us
is under a nidui or under asham that's
the first level of excommunication and
then there's something more severe where
you would say
so and so whether he's here or not here
is mukhram under
the rama but there's another term that's
used error sometimes you may use the
word
which means cursed is cursed says here
you have to figure out what the
intention of the court was why because
are can have three different meanings in
allah by allah
it could be referring to a curse by
schwa it could be referring to an oath
and by nidhi and finally it could be
referring to excommunication
which means the terrorist says i'm not
going to curse another jew if i use the
word aru that violates that
violation that that transgression if i
use the word aru could mean a curse
aru can also be an oath so for example
if i say i am cursed to hashem
if i eat cheesecake for the next 30 days
that is a language
that can be employed for an oath and
finally or can be used as a term for
excommunication when you say
this person is cursed it may mean he is
under a ban of excommunication so you
have to find out what was the intent of
the word order when the court
employed this phrase so we have nidu we
have shamta we have are then we have a
different category called
this is how you impose a ban okay
how do we annul excommunication on the
level of needle or
we tell the person you are free
this ban has been removed from you or
you're forgiven
if they annul the ban not in his
presence and will soon see in the rambam
when it's done this way or that way
then you say plainly so and so he's
if he's here you say shari you're free
you're forgiven if he's not here you
can't say your
because he's speaking in third person
then you say plainly which means so and
so x y and z mr so-and-so
he is free o he is forgiven and then the
ban
is removed and everything goes back to
normal now comes
we discussed how you impose a ban how
you remove the ban
what is a ban what are the practical
ramifications
what are the actual behavioral patterns
that somebody who is under
a ban of excommunication what he has to
do and how others relate to him so the
rambam says two things minute
the one who has been excommunicated he
is forbidden to take a haircut
or to bathe basically these were derived
from somebody who's sitting shiva and
grieving the death and the loss of a
loved one
so call you mainly all the time that he
is in excommunication
he is like an oval and therefore he will
not bathe and he will not
take a haircut now we speak about other
people's
relationships with him we will not join
him in a misumi where you have three
people making them a zombie after ben
after eating
nor will we include him in a minion for
anything in yiddish guy that requires 10
people whether it's reading of the torah
david with a minion
he will not become part of a minion
you do not sit with him in the same four
amis the same four cubits which would be
approximately in the same six or eight
feet ava
he can teach others tita and he can be
taught by others tighter meaning you
don't have to throw him out of the
yeshiva the base manager he can come to
the sheer
you're allowed to teach him and he could
continue his vocation as a teacher of 30
even when he's under excommunication
this is fascinating viniskar
and he could be hired by people you can
hire him for a job beside her and he can
hire other people for a job you don't
have to say oh i was hired by this guy
who's under a needle i'm not working for
him never no no
you can go work for him and he'll pay
your salary it's fine yes you can join
him for the minion you don't bring him
into the museum you don't sit in the
obamas but
you can hire him and he can hire you and
pay you that's what he says vinisker he
can be rented out for others meaning
others can hire him he can be an
employee and beside her
he can serve as an employer who hires
other people
the amazing what happens if he dies
before his needy was annulled he never
repented he never
returned he never retracted or reversed
his actions then based in chelsea
the court sends and has a stone placed
on his coffin kalima which represents
the idea
in regular states like symbolically they
are stoning him leficia moved on
because he really separated from
claudius he segregated himself from the
community vanessa reclaimer
needless to say they don't eulogize him
and they don't escort
his coffin an interesting thing is is he
allowed to go to shul
is he allowed to go to shul so the rama
says it's not a problem you don't have
to throw him out of shul
you cannot make him part of the minion
but he is allowed to
daven in shul that is not a problem this
di rama discusses in these
locals of excommunication
another interesting thing is his wife
and his children so the says clearly
this does not relate to his wife and his
children his wife and his children could
come
and sit with him in his four cubits in
other words his continuous life
we allow to go on as normal so therefore
his family could be with him the rama
even brings a shitta that is all bane
basa apparently the whole extended
family can
be with him in the house there ahmad
brings that in
i also saw it
yes all the people in the house are
allowed to be with him
in in uh dalai damas
there are also right now it says
interesting the issue is you can't go
into his four armas and sit with him but
let's say i'm sitting
i'm sitting in school or wherever i'm
sitting and he comes into my for almost
i don't have to run away i've been
sitting there he comes into my furamis
that's not my problem i'm now let it go
into his
for amis that's what the rama explains
in this is all somebody who's under a
nidui
yasira lovamukharam it's more serious
when somebody is placed on the rakeda
he is now let it teach other people and
nor do you teach him tyra
aval shaina hula atsumai but he's
allowed to learn himself tired now
you would think the reason he's now let
it teach others and then i want to teach
him is because on
avail during shiva is now going to learn
tyranny he's like an avil and this is a
very serious form of awareness because
somebody was under a need
we allowed him to continue learning the
mitzvah of tyra we allowed just like we
could allow him to continue working and
making a living and supporting his
family
but somebody was under a haitian he's
actually like a novel in the sense that
he can't learn
and he can't teach he can't learn from
others and he can't teach others but
he's allowed to learn himself you know
because we know that if we take from him
away the opportunity to continue
learning and this
doesn't go for seven days it can go for
a long time he's going to forget his
learning
we never punish anybody in a way that it
lasts forever
or it takes away his former achievements
when he's under the haitim he's not
going to teach others and he's not
learned from others but if you don't let
him learn as the rambam says and he'll
say as long as a person is not involved
in learning he forgets his learning
so by not letting him learn today we're
punishing him for the long-term future
till the end of his life because he's
going to forget his learning and that's
why
even under a hairdo he could continue
learning
his currently he cannot be hired by
others and nobody can be hired by him
they know his
nicene you don't engage in business
relations with him the aim is asking him
you don't have dealings with him
only the minimal amount of business that
he needs in order to be able to support
himself and his family in other words we
don't want this person
to starve khalil we don't want that he
shouldn't be able to provide his
children with bread and their
necessities
it means you can engage with him in
business as much as is necessary
to make sure that he earns a basic
livelihood where the person under a
needle there's no inhibitions you can
engage with him
in business dealings as much as you
would like me she ashamed
generally speaking when they put
somebody under a needle as the poison
say it was usually for 30 days
unless as we will see if the person
completely changes his ways and repents
you could remove the needle right away
as the rambam will explain but generally
he is for 30 days so misha
shall be somebody was sitting under a
needle meaning if somebody was
excommunicated for 30 days and he did
not seek
to rescind it he was not interested in
knowledge
then you excommunicate him a second time
now another 30 days pass and he still
he's not interested he doesn't ask the
best
to another then i say now it's up a
notch from a needle to a harem so after
30 days and then another 30 days
where he's completely not interested in
nullifying the the
the need and he didn't do anything in
other words he's not repent he doesn't
reverse his ways whatever the issue was
the reason they put him in
for example he was selling tray for meat
and he's completely not interested in
changing his ways
he's not ready for his knife of shrita
to be checked as we discussed
or the besides said that he owes this
person money and he refuses to pay this
person money
or whatever the other situations were
that we give a hater to this person
he brings people to kill hashem he
prevents people from doing a mitzvah and
all these things
he's not interested in repentance 30
days has passed 60 days passed
so now we up the needle from a needy in
the hope that this will perhaps be more
effective
and help the person see the catastrophe
that
he has brought upon himself and upon
upon his
uh upon his soul i just want to bring
out one point and that is the simon
shin lamad which as i mentioned are the
laws of harem says
that usually we excommunicate a person
for 30 days
but but if the person has repented
you will immediately nullify and annul
that ban of excommunication what happens
if he does not repent
there is a view in halakhah that if he
comes to best and after 30 days and asks
them to annul the ban
they will annul it even even if he did
not yet change his ways in other words
30 days is enough
to learn a lesson we hope you're going
to change even if he doesn't do anything
but at least if he asks them
to get rid of the ben they will get rid
of the ban but there is another opinion
in shaking
that says no even after 30 days he asks
for it he has to
ultimately show that he's a changed
person and that's the second opinion
in here clearly says
30 days he didn't ask for it to be an
old if he did ask to be annulled they
would take it off but perhaps that means
only if he
actually changed the he he repented from
the sin
that caused it initially zion how is it
in all the common material
we learned before the language that's
used but how many people do you need
to annul the nidu or the three people
this is similar to taurus nadarum when
somebody makes a nether a vow
i make a promise and i need it to be a
null so slosh
is three simple people can annul the vow
and essentially anidu
is a form and is a form of a vow we
place like through like we place a ban
an excommunication over on him it's it's
a form of a vow so even
three simple people can do it
even one individual if he's an expert in
these he can
nullify the excommunication ban alone
this is an interesting we learned
earlier that a talmud is never allowed
to render a halal decision
in the presence of azireba and even if
it's 12 kilometers within 12 kilometers
away from israel if he has to render
allah judgment
unless he's literally stopping somebody
from doing another he has no right to do
it
when his rebbe is alive when his rebel
is present unless
he is very very far away and he got
permission from his rebbe or he's far
away
and something happens coincidentally
then he's allowed to do it even without
permission
but to permanently start pausing he has
to have permission from his head but
that's only when he's far away when he's
in the presence of
he has to defer it to his teacher here
we have an exception a student is
allowed
a null even in the space of the rebbe
and the reason
is because even if it's going to take
only a few hours or a few days to go to
the rabbit we do not want
to cause a jew unnecessary pain and
aggravation it's a fascinating
and therefore the moment this person is
deserving of getting the ban
removed even a talmud can do it in the
makkah
in the region of israel
if three people let's say a besden
excommunicated somebody but then they
left the hazardous
vacation this person repented he
retracted
from that sin which brought upon him
this ban so now he wants that they
should
rescind the the ban but they're not here
anymore
so the rambam says no problem so three
other people could come
and annul the ban we don't need to have
the three original people who impose the
ban on him
said before you need three people
obviously it's great of the best who
impose the ban removes the ban but let's
say they're gone
you don't force them to go search for
them or wait till they come back you can
bring in another three people and they
can do it
if somebody doesn't know who
excommunicated him
is the spiritual leader of the jewish
people and he will
rescind he will recite he will rescind
the
ban of excommunication now this is a
difficult allah to understand
because iran just said earlier in allah
you need three people but you don't need
the three original people
you can have three other people to annul
the ban so what's the problem even if i
don't know who
plays the ban on me it's just like you
said before that three people placed a
ban on me but they left so i could use
somebody else so what's the difference
if i don't know who did it
why do i have to go to the nasi this
seems like a very difficult
and a clear contradiction to the
previous halachas so the mafia
struggle with this and i think one of
the most straightforward explanations is
in the
mishnah and other mufarshim and the way
to appreciate it is
to know the context and the background
where did the rambam get this
from it's a story in my cotton lokish
was one of the greatest talmudic sages
of his day he lived in eretz israel
he was a brother-in-law of rebycon and
the editor of thomas jerusalem they
lived in the third and fourth century
after the common era
and richlakrish's name was shimon bin
laksh was a security guard who used to
guard for
for parnosa for livelihood he used to
guard orchards so that no thief will
steal the food
and the rambam said before you remember
in the title that
the ideal life of the talmud is somebody
who toils with his hands and he eats the
fruit of his own labor
in any case rashlakis is guarding this
orchard and a fellow walks in
and starts eating figs surya shlakosh
who is the shimmer
starts yelling at him so uh the person
continues eating he ignores vegetakish
and rich lakish is really trying to stop
him from eating this figs and the person
is not responding so what does rich
lakers say
that uh that
this governed this person you are under
excommunication
so the person looks up at your shlaka
she says i'm under excommunication
you are under excommunication you are
excommunicated you know why
because you just excommunicated an
innocent person
i owe you money i owe you money for
eating the fix but where is there
that somebody who goes into somebody's
field and eats figs he has to pay for
the fix he's not going to steal the fix
but he's excommunicated in other words
you just excommunicated a person who did
not deserve it and
therefore is you're excommunicated wow
so what happens rish luckage goes to the
base madrish and he tells his friends
the stories how's the story and you know
what they say to him
they say your ex communication was
meaningless his ex communication is
actually valid
you are under a ban of excommunication
which by the way this is how the rambam
learned
that number 24 at the end of chapter 6
what is the 24th sin for which you get
excommunication when you excommunicate
somebody who didn't deserve it what's
his sources i told you drama collected
all the 24 items from everywhere in
shaas
this is the source for number 24 because
rich lakers was under a ban
sriracha asked the colleagues and base
members what should i do how do i get
rid of it
so they said go ask forgiveness go ask
him akilah let go and let him remove the
ban
apologize to him i don't know who he is
he's not there anymore and i don't know
his name i didn't recognize him so i
can't go to him so you know they told
her sluggish go to the nursey
go to the spiritual leader of the jewish
people and he will remove the bat this
is the source of the realm of
now let's analyze this event could
rashlakish have taken somebody else to
remove the ban why didn't he tell them
the base managed to remove the ban
the answer is when the people are
removing the ban
is because of a sin i did to hashem and
i do chuva
so then even the person who imposed the
ban even if the person who imposed the
bet on me is not here i can go to
somebody else
but here the problem is i have to
apologize to you the problem is i put
trish lucas put him under a ban of
excommunication when he didn't deserve
it
nobody else can remove the ban because
they were not hurt by that purse spider
sluggish luggage has to go to apologize
to this person
that's the issue that's the uniqueness
in allah let's think of another
situation let's say i disgrace
i horribly embarrass and curse and
publicly
privately humiliated and he puts me
under a ban of excommunication like we
learned in chapter six
because of the covet of terror he puts
me under a man now he's gone
i want to go to somebody else and say
remove the ban the problem is i never
apologize to the tamil
i never did what i have to do to make
good to make men's ooh now i have a
problem
in a case wherebes didn't put a ban over
me because i did something wrong i did a
sin and then i do sure the rambling says
those are critical words now you could
bring three other people what do i care
if it's not the people who impose the
bad and allah is talking about a
situation
where i don't know who did it and i have
to know who did it because i have to
apologize to him
because i actually i did something wrong
to him and i need his forgiveness now i
have a problem
so the problem how the solution is
you go to the nausea why the nausea you
go to the top of the food chain
in other words i may have been put under
a ban by an extraordinary great person
so going to anybody else besides that
person is not enough
because the ban was imposed by such an
extraordinary individual so i go all the
way to the top of the food chain to the
nasi
and once he annulles the ban it may work
i will ask a question if i personally
hurt somebody
how can the nasty forgive me for that
let's say i embarrassed him and he's not
here
he's alive but he's not here how can the
nasty help me how can your slutters go
to the naziris
said that this person is under
excommunication
perhaps you can add one more detail and
that is rashi says about anasi rashi
says in parish
the nasi really encompasses all of the
nisham is israel all of the jewish
people the nasty is like a brain
the leaders of the people are called
rashe alfa israel the heads
right
so therefore a brain feels the pain
in every single limb and every single
organ even what happens to a toenail
is experienced and felt in the brain so
perhaps when you go to the nazi this is
how the sam say for explaining
if somebody has somebody ill in his home
and he should have been for you why is
the dominating for me directly to hashem
in fact there were many poison who took
issue with the tv where we asked them
him to intervene to hashem on our behalf
why are you going to
we don't believe in intermediaries every
jew can speak directly to the rebirth
says not separate all the jews are one
organism and the
like the brain and the brain actually
feels your brain more acutely than any
other part of the body so when the
ham is dominating for you it's like
you're dominating for yourself because
we're all connected so perhaps the nasi
actually
feels the pain of what that person went
through who you humiliated maybe even
more than him if he's a real messi who
encompasses nashama's israel like the
brain
is the central nervous system that
encompasses the entire living organism
and therefore
when the nasi annals you are good and
everything goes back to
normal a fascinating thing is that in
most importance of rambam
is missing and this has been a
long-standing mystery why is hallow
missing i believe that in the oxford
print of the rambam the oxford
manuscript of the rambam it's known as
rambam oxford over there uh this peric
only has
over there this peric has actually 12
halakhas
and tess is substituted for hess so is
not missing
but in many editions and manuscripts of
the rambam is missing
it's been a long-standing mystery what
happened to allah how did it fall out
where did it fall out there's
stories about it interesting stuff about
it somebody once suggested i saw the
rambam
he says maybe you know the way jews used
to refer to akhiram is they used to say
yes with an apostrophe
because it was like a frightening word
so he says maybe this chapter which is
about nidhi and hayden they took out the
hess
because of and perhaps other theories
also some say that the rambam actually
did not write the numbers of the
he just made spaces between the
paragraphs in other words every allah
was a paragraph and he made a space
so he actually didn't write the numbers
that's what i saw somebody wrote i
didn't research it
so perhaps he says it was just the
numbering system that was wrong
and then there are there was a story
that that that i once read and i'm not
i can't vouch for it i don't know if
it's true it's uncertainly a fascinating
story
that devalhemtiv once said that he came
to heaven and he went to the heckle of
the rambam he went to the chamber of the
rambam and he confronted him about a
certain halacha that he wrote
that the basham to felt was was was not
right and they debated and they argued
and the rambam at the end
admitted and he said you're right and
the rambam said that i will even
erase this from my safer
and there is a story i don't know if
it's myth if it's a joke if it's a real
story
that somebody shared this story with her
maisha feinstein and maisha feinstein
said i don't know if it's true
but i do know that there's one place in
the whole rambam where
is missing and that is
which deals with quite severe and
stringent stuff
of i'm just mentioning this very
interesting discussion about
it could be that the reason is far more
simple and that is there was some
mistake that crept in at some point in
history
and this number fell fell out
it may also be when you look at a
lockheed gimbal halachia gimbal actually
combines two themes that don't seem to
be
they don't seem to uh deserve to be in
the same aloha perhaps over there there
was an error they should have been
separated um some saying the opening of
the parikh
the the the the the first talaka should
be split into
any but i just want to mention this
interesting fact that we don't have in
another place in missionary that there's
a whole halacha that's missing
on a condition for example let's say
best and tell somebody
if you don't do so and so you're going
to be under excommunication
right or if you do so and so it's with a
stipulate they don't put them on the
exclamation
they do it with a tanay if you do this
you don't do this even
even if you do it to yourself you say if
i don't do so and so if i don't fulfill
this promise i should be under
excommunication
sorry such a needle has to be annulled
even if i actually
fulfill the conditions i shouldn't be
under excommunication but the very fact
that i postulated this possibility i
created this possibility
it needs annulment
who places himself under a ban for
philip
and even if he placed this ban upon
himself based on somebody else's consent
like his teacher said you know you
should put yourself under a ban but phil
aldo shall
ever love neither and even if he placed
himself under a ban because he actually
deserved it let's say he did something
wrong
and he puts himself under a ban of
may for latimer he can also annul the
ban for himself
since he is the one who imposed it upon
himself he is the one who can also
remove it from himself he doesn't have
to go to a yacht who doesn't have to go
to the
shedding says in a story a fascinating
story mahazutra one of the great sages
if he saw one of his students perform a
serious sin which warranted anitu
somayzutra before he would place
a needly on this student he would put
himself under anitri
he would say why this has two reasons
first reason is empathy empathy he was
in so much pain
that he has to put his talmud under a
needle he did not want his talmud should
go through this on his own
he's also going to go through this knee
to him i'm not going to let you be
excited i'm also gonna be
i excommunicated you because of what you
did i'm not deserving of it but he
placed himself under a ban of
excommunication
to be able to empathize to be able to
feel what his student is going through
fascinating
second reason is he won't forget to
annul the other person's ban
because he himself is under a band so
this is a classic example where atom
places himself under a man of
excommunication but he doesn't need
anybody else to want knowledge he can
annul himself in the realm says even in
a situation not like myself even in a
situation where somebody else told him
to do it like his rebbe or he did it
because he actually
was deserving of the ban still he could
unknow
this ban from him from himself on the
other hand
similarly in the beginning of if i do a
need on a tana even if i do it myself i
say i need i'm under a ban
if i do so and so that ban has to be
another classic situation for this is
the gamora and marcus
yehuda told yaakov avinu that he should
give him binyamin and he says if i don't
bring him back to you from egypt
he places himself under a ban in this
world and in the next world
if he does not bring back binyamin and
indeed we know that that ban had a very
very powerful impact on you does the
quran describes how ryoish
had to davan for yehuda because his
bones were chaotic in the cough and they
were not cohesive and integrated because
of the
that yehuda placed upon himself at that
moment and from here we learned that
nidu
al-tanai even when you do it to yourself
sorry for it it has to be
annulled christmas does say in the name
of rabbi no tom that this is only in a
situation
when it's possible that the tanay won't
be fulfilled like yehuda he was not sure
that he's going to be able to bring back
binyamin
so then the nudi actually has validity
because
as long as it didn't happen as long as
it didn't bring back
i'm in limbo maybe yes maybe not but if
you know for sure that under natural
circumstances you will be able to
fulfill the tanai and there's nothing
preventing you from it so then the
needle never
took hold it was nev never took root and
then it does not need hafari that is a
swara
that toysvilus brings in uh in the
sugiya in
the marcus uh
i believe i'm mentioning tuesdays i
should also mention something else i
mentioned before the story of reshlakesh
with the
with this person who went in to take the
figs rashlaker says
if he was stealing why shouldn't he be
under a harem and the answer is for
taking somebody's figs you don't go
under a chair
anita is only if besdon tells you to pay
and you refuse to follow through
then you're under a needy but somebody
who comes into a field and takes figs
even if you're yelling at him and he
doesn't stop he doesn't go under what
need to do you could take him to bed
and if bezen tells him to pay him then
he doesn't want to pay he could put him
underneath sluggers didn't have a right
to put him on to renee
and i should also say that tyson's add
something else that it's possible that
in that region there was a minig
that people used to go into people's
fields eat figs and then they would pay
for the figs it was like a takeaway you
go in
you take your food and then you pay for
it so therefore was wrong for putting
him under a knee because he was eating
the thing now maybe rich
was afraid he's not going to pay or
maybe urish felt that there's something
wrong here whatever the situation is but
the bottom line is he wasn't even
engaged in thievery because the custom
was you go into a field you take figs
and then you pay for it so while you're
putting me
under anita which actually makes very
much sense in the gemara because the
person told rish lakhish
i owe you money but i don't owe you a
needle you could tell me give me the
money you know
davai groshi but don't tell me that i am
in kratom i just wanted to clarify that
an interesting question somebody asked
is derivative says if atom
is allowed a null his own vow
to rambam says so why couldn't yahudah
on all his own vow
right that's the life it says
this is a fascinating fascinating
question
i saw one interpreter one answer
again could do afar himself on his
on his nidu yahooda did this nidhi upon
himself president didn't do it
so why couldn't why couldn't he himself
why couldn't he himself
a null another vow some people say maybe
the rambam says
then you can't be made for latimer and i
think that says in reshonen so therefore
yahooda in his humility didn't consider
himself a talmud
he didn't consider himself a talmud so
he could not nullify his vow because
it's only talmud
who could nullify his own vow
explore this there's different
interpretations given in other words
maybe who didn't consider himself
why didn't yakov do it some say since
put himself under a ban not only in this
world
but also in islam so over there hatara
doesn't help
this this is a discussion i just wanted
to make mention of it
base base is a fascinating
somebody has a dream and in my dream i
was excommunicated
if somebody was placed under a ban in a
dream affiliate even if he knows who did
it he saw in the dream who did it
he needs ten people who learn which
means not only humish and misha they
also learned tomorrow they learned the
pill the depth of
the background of graham discussed in
chapter one to
rescind the ban why ten we just said
three or one why ten
the answer is because the iran says this
is
because if you saw it in your dream we
are cautious that maybe hashem
put this person under excommunication
derivation it was a vision a prophetic
like vision that hashem did it
and even if i saw who did it so it's not
hashem perhaps the fact that it happened
in a dream
means that this person was a and he was
an emissary representing
hashem's will that i should be under
band when i bring ten jews together we
have a principle a kobe asura shin to
share the shrine of dwells among ten
jews so it's like the shrine is there so
when they unknow the ban it's like the
shrine and all the ban
what if he hasn't fined found ten jews
who learn
he has to search for them and go to the
distance of a parasite a paris is
basically four mil
a mill is approximately a kilometer two
thousand alma is a mill so a pirate says
eight thousand armors two four six eight
and if it would be around four
kilometers you're talking about 2.4
miles two and a half miles so i have to
search
for ten jews who learn gemara for two
and a half miles in order to annul the
ban
loi matzah what if i haven't found such
ten people materials are shining mission
then ten who learn mishnah can also win
all the bad lloyd mots if he hasn't
found
materially misheard in the crusader then
you could find 10 jews who know how to
learn
read tereshabiksav and that's enough and
they can announce matzah what if he
hasn't found that too
maternally philosophers even 10 jews who
do not know how to read homage they
don't even know how to read terrorism
except normally
if he hasn't found in his place 10 who
can't even read he can't find 10 jews at
all
three would be enough but the heaven and
the vow and the ban
is removed
somebody who was excommunicated in his
presence he was there
you now know the ban only in his
presence me do shall i before enough if
the ban was placed on him not in his
presence then materially been found a
bunch of
fun then you cannot either when he's
there or he's not there what's the
reason for this so the iran explains the
massachusetts
if somebody was excommunicated not in
his presence okay
so i don't care if
they remove it not in his presence it's
all good but what happens if he was
there when the pat
when the ban was placed on him so he
knows about it right and therefore he
sees
that people are treating him differently
because he's under a needle
he's under a needle now they remove the
ban not in his presence so he may not
know about it so what happens so
suddenly he sees that people are talking
to him
he doesn't know that they removed the
ban because they put the ban in front of
him so he knew about it but they didn't
remove it so he thinks
people couldn't care less about people
couldn't care less about toyota
the community doesn't care about the
best then it's a mockery of the best and
this can only embolden them and it can
only have catastrophic effects so
therefore we say
that you have to remove the ban in his
presence just like you put it on him in
his presence
the rush says it's an issue of respect
if you excommunicated somebody to his
face
he is deserving that in his presence you
remove that shame you remove that you
remove that humiliation it's an issue of
respect
for allah
there need not be any time between
excommunication
and rescinding excommunication even
one moment you can place them under a
bend and the next moment
you annul and obliterate the bad as long
as he does truth as he repents so for
example he comes out of besdon president
says you owe this widow or this orphan
or this person money says absolutely not
he's a thief i'm not paying anything i
don't care about the verdict you can all
go fly a kite and
they place him under an idli and he's
you know what i'm paying a moment later
the nidui is
removed
conversely if besdon feels that this
person should be left under the nidui
for many years they will do so based on
his wickedness
similarly if best and felt that this
person should be immediately put into a
harem usually
60 days have to pass minimum 60 days to
be placed in
but they felt that this is such a
serious situation it should be placed
under ahead
oh they feel it's such a serious
situation they should impose a harem on
anybody who eats with him
or drinks with them or stands with him
in the same form as usually
if i go into the hamas of somebody who's
in an idiot i don't get put into a harem
i did something wrong but there's no
harem on me but they feel that this is
such a severe situation distance should
be preserved
and therefore anyone who violates the
qaeda should also be put into
then the rambam says they have the right
to put this person or people into haitim
in order to
show that it's syria's business in order
to rebuke him
first of all in order to knock some
sense hopefully in his mind they should
realize that this is serious and do
trivia and also to create a fence to
protect toyota so that the sinners
shouldn't breach all the boundaries of
judaism and wreak
havoc moral havoc by creating these firm
boundaries
the rambam now finishes the last section
of gimmel
and he goes back to the whole beginning
of the discussion how did we get into
all of this
that is not you're never allowed to in
allah embarrass another jew but there's
any jew but there's a special sin which
we discussed in holy days if i embarrass
somebody publicly
but there's a special sin in mocking and
scorning and humiliating and
embarrassing
somebody who breathes title who lives
with tyra who teaches tyra says
permission to excommunicate somebody
for his honor
it is not praiseworthy for him to live
this way
he should block his ears from the words
of the ignoramus
from the ignorant people who are not
very scrupulous and title who may score
in him and he shouldn't pay heed to them
said in his wisdom s
sometimes you have to know how not to
hear certain things that people
say this is the path
of the pious ones of yours and the enemy
they would hear their disgrace people
would embarra would disgrace them would
say
words that are obnoxious or rude or
disgusting
they would not respond
often they would even forgive the one
who cursed them
they would allow for atonement to happen
the great sages used to praise
themselves about
their refined actions they used to
testify
that they used to testify that never did
they put a person under a ban
and never did they excommunicate a
person for their
own honor
this is the appropriate path of how a
talmud
should live even though he's allowed to
but it's inappropriate the way for the
talmud
is to forego his honor and not to place
a person under a ban of ex communication
ahmed varima morgan when
was scorned and cursed publicly he's not
allowed to forego his honor very much
if he does he's punishment because this
is never it's not about his personal ego
if the person was talking to me directly
even if he said wrong things and was
obnoxious and it was rude and it was
inappropriate the talmud his focus is
i want to forgo it i may even forgive it
and ultimately
this person could learn and grow through
positive reinforcement or whatever other
methods
possible but he says if it's a public
disgrace now that talmud
has to think about the fact that it
could be actually
very detrimental for children be very
detrimental for families be very
detrimental for communities it could be
very detrimental for everybody
because what was denigrated was not an
individual and his own ego and his own
honor but what he represents
he represents the life of tidy
represents the truth of third he says
the equation changes now
allah rather than he has to take
vengeance
and and harbor harbor a certain enmity
like the snake like the serpent
until the person who did this asks for
forgiveness and then of course
and of course he should forgive him for
him it's fascinating the rama uses the
words
harbor enmity and take vengeance like a
snake like a serpent it comes from the
gemara in yuma the guardian says
why did they use the word snake why'd
they use the word serpent i want to read
to you an interpretation of the bol
shampoo
the balsamic says i saw this in balsham
and i'm going to quote the balsamic here
and i'm going to say it in english
i've heard it on the possibility suck
them don't take revenge in part dash
i've heard
in the name of the bolshevik what does
it mean that atomic
has to take revenge and harbor enmity
this whole thing doesn't make sense the
terrorist says loya sikkim the way
sitter don't harbor garages don't take
revenge
how can we say here has to take revenge
we tell the snake we really don't
understand you a lion devours
other animals because it's hungry a wolf
devours because it's hungry and the same
is true with other
animals that devour smaller animals to
eat
what benefit what game what joy do you
the serpent have
from injecting venomous into a human
being or another living organism
what is it and the answer that's given
in the gemara
and it's also an airkin and in madrid is
that the the
that responds so to speak you think i'm
doing this on my own
this is ultimately i'm a messenger of
god whatever the will of hashem
that's basically what's happening and as
the gemara says
has no hana there's no joy there's no
benefit
there's no personal gain
of hashem says that follows an
incredible idea
he says sometimes somebody does
something to a talmud
or says something to a talmud and the
talmud ego
gets insulted he may be a great
terrorist sage and learn a lot of
traitor but he has an ego
and he gets insulted but you know what
it's below his dignity to do anything
because you know people he doesn't want
people to think that he's so
egotistical and he's self-centered and
he's so centered about his own honor and
as long as he doesn't do anything
but he keeps it in his heart the toxic
feelings are there
and now he waits and when this person
who insulted him years ago does some of
her or does something else that's
inappropriate
says matsuba of malcolm now i can
jump on him now i can get him back and i
take
revenge for all the animosity i never
liked this guy i never liked that when i
came into shul
he didn't give me the respect i always
hated this fella but i couldn't say
anything i'm the bi you know i'm the
leader
but now finally he did a sin i i
seized the opportunity so much the
balsham to style i seized opportunity
or will i get him back and only in the
name of god in the name of third
i will make his life miserable the
balsamic says this is what's happening
he says
he doesn't care about hashem at all he's
not thinking about god he's not thinking
about truth he's thinking about his own
ego
says the gemara that's not a talmud says
if you're not like
you're on an ego trip you got your own
insecurities and your own skeletons and
your own demons that you never dealt
with maybe you have a good iq maybe you
learned your whole life
unless you're like means
there is no personal agenda there's no
personal benefit here there's no
enjoyment there's no crailing i managed
to get this guy
i put him in this place i denigrated him
i crushed him if you have any of this
you're not the nakhos you're devouring
for your own benefit
you're not a talmud your agenda has to
be
one and one only and this is what hashem
really really wants
this is what's going to benefit the
jewish people in other words it has to
come from
love from empathy from understanding
from a deep connection to god in a deep
connection to god's children if this
personal enmity against this person
you are not a talmud and you're not
entitled to do it and then if you do do
it
you are under a knee do you really why
because when you put somebody under an
idiot you're not allowed to put them
under a knee do you then
you are under a needle and he says
that's the only kavanagh
you never can have yourself involved
this is the true
this class is brought to you by the
yeshiva.net
please help us continue the classes make
even a small contribution
at www.theyoshiva.net
donate