Rosh Hashanah That Falls on Shabbos - When Can the Rabbi's Uproot a Biblical Mitzvah

this Tower class is brought to you by torahanytime.com we have mamish an amazing topic today it's not long but is really uncanny you can't you know what would you say would be the perfect Eon share to have on a blot of subas this week say what you mean a Rosh Hashanah that comes out on Shabbos okay that we know we all would have guessed that the question is how can you how can it connect to this page okay you'll see it fits like a glove let's review but for this we're going to have to review something on nun base and on aleph the gemara says uh the guitar is trying to think what has the following question there's a takan of the called subas benend what's been in Des that if a man has two wives he gave each one of Suba let's say he gave one and the other one uh thousands of and this woman came in with a dowry of a million goats the other one brought in 500 goats and they both die so he inherits both of them when he dies technically his children should inherit his whole estate including both subas equally but the wanted were afraid that if a father who's going to make his daughter desirable for marriage is going to give his daughter a dowry and then if her daughter would die and the husband would inherit it and then kids from a different marriage would inherit that a father would might be reluctant to give a big Dowry so in order to encourage big dowries namely that ultimately if the woman dies and then the husband dies the children that she had from her marriage with that guy will inherit herxuba that's called and the motivation is on that because let's think about what's taking place over here is wait a second this father who's giving his daughter a dowry he has a lot of money he has a lot of assets he has resources he has properties should he die who's going to inherit it his sons but now by writing it to his daughter he's basically taking possessions away from his son and giving it to his daughter is there something that the Torah says a son inherits and the daughter doesn't inherit and the come along and they make a takana that the daughter should inherit so this question troubled me what do you mean the rabbis are not saying that even though the Torah says the sun inherits and not the daughter the rabbis not saying the daughter inherits the rabbis are just encouraging the father to give their daughter bigger presence so that people should want to marry them they're not taking away yerusha the father's alive what do you mean is there something that the Torah says the boys inherit and now the Torah is saying no the girl inherits but apparently since ultimately if one day he dies the boys are supposed to get all his money are going to be misaki in something that the guy is giving money to his daughters it's gonna come out that you know in the end of the day instead of his sons ultimately inheriting this the daughters are but but realize that's not like the are taking anything away from yerusha it's an ultimate it's an eventual eurosha from here we see Rabbi Sai a very important principle and that is if there's no precedent in the Hamish the rabbis are severely limited in any legislation even though this is not like the Torah says you're not allowed to give a gift to your daughter what's Kasha does the Torah say you know how to give a gift to your daughter the Torah says whatever is left when you die goes to your sons not your daughters so what's the problem you're now giving the gift while you're alive but since eventually if you die that property would have gone to your sons if there's no precedent in the hamesh then we can't legislate that you should give the property to your daughters and the gemara says in fact there is precedent in the Navy here Mia where it sounds like you have to do whatever you can to marry off your daughter and what could that mean other than giving her money fine that's the first thing I want to point out from this gamara the next East Side has various questions about subas benendikrin that why don't girls inherit the gumar says it's like yerusha why do you only inherit from because it's like all right Randy gamer asks why don't girls inherit it's like eurusha why don't you inherit why doesn't it go to metallton it's like aksuba why why don't you collect from a shubadim no because it's like yerusha also and then they're going to ask the question why does the denim only apply if after the children of both respective wives divide there's still a dinar left for them to split where there has there's a dinner there has to be my sardinar there's no my sardinar then we don't know apply the takana of why do you need moisadina says the gemara because if there's no my sardinar we're being oiker yerusha da irisa because the guy died he lives over besides the Suba if he doesn't leave anything over then you're not being McCain the dindo Eraser that eurusha is divided equally so the seemed to be limited this is another limitation of the not only they limited that if we don't have a precedent that you could give gifts to your daughter you won't be allowed to but innocent in a situation where the only thing that's being inherited is the Suba we don't apply the takana because you cannot be oika yerusha the irisa so from this command we learned two principles that when the legislate number one there must be precedence in the Torah number two they cannot be oiker um they cannot be oiker Concepts completely they can only be all you care if to a certain extent there's still a remnant of the Dinda Raisa now to me this sounds very very similar to what is known as hayadua the well-known Tas we actually once spoke about it on a Wednesday night and it was a task that I became so excited about and then I saw of David Cohen of Coney Island Avenue wrote an entire safer on this task the name of the safer is it was even out of print and he sent me I called him up Ravi pesachron was there he answered the phone he explained to have David Cohn what I was looking for and he sent it in a in a vehicle and he sent me extra to give that out this year the Taz talks about this principle three times in shokhana and this gemara seems to be a riot to the Taz and we're gonna see right now um here we go and you're going to see this has if you want to know what this has to do with Rosh Hashanah it could not have anything more to do with Rosh Hashanah as this coming Shabbos Shabbos is Gonna Come and you're not We're Not Gonna Hear the Schaefer why takana duraba mission because we're afraid you might take it to a Bucky you might take it in your hand to ask a Bucky lomite to teach you how to do it there's a famous cash on this the kancha of the Mizrahi Rebellion the foremost commentary on Rashi the hiksha Hamas rakhi this is the Tas Orem simentov by the way is Stam you should always it should always be prohibited to blow straightfor on yamdiff because you're now to play a musical instrument because you might come to fix it so why don't we say if we're willing to forgo the Mitzi rice then we should always forego the midst of Schaefer because this is the famous Kasha of the Mizrahi terrorist Club Mizrahi doesn't give an answer says the Taz deity since shifar is not a musical instrument but it's for a Mitzvah then it never comes under the category of musical instruments the rabbis only legislated on musical instruments the rabbis never said you know how to ride a bike on yamtif I don't think you know I'm not saying you're allowed to I don't think you should children should not be allowed to but let's say the rabbis never said that you can use you know those toothpicks with the string it looks like a little harp I don't think you maybe you're not allowed to because it might cause you to bleed but there's no isser of handling that on Shabbos because all you if you it looks like a harp so you might uh you might fix it the answer is they only ask through musical instruments they don't answer the strings so they didn't answer tubes right you know the paper towel thing when you're finished with the paper towel there's no I don't know if that thing is muksa maybe it's mixing for a different reason but what do you mean it's a tube the rabbis didn't ask their tubes they asked their musical instruments Schaefer is not a musical instrument alkane Lloyd Guster that's the first answer of the times we're going to focus on the second answer the famous second answer is a the rabbis cannot outride uproot a Mitzvah in the Torah there's a myths on the tar to blow shifer so if you're going to make xeroxia then we would never blow the shy Farm but the Tyra says blow the Schiffer the rabbis will see either they can't or they don't want to head confront the tire head on the tar says do something the rabbis can't say no we're going to be accurate legami I think it's very parallel to what we just saw in the gemara that even though there's a takana but not if you're being there has to be my sardinar there's not much sardinar then this is a violation of the Taz ah this would also answer the famous why are you allowed to do Milan Shabbos you might carry the knife you might carry the baby yeah so some answers on the best then the terrates um foreign so we have two illustrations of this when Roshana comes in on Shabbos because there's no explicit that says it just says you blow Shuffle Sunday Monday Tuesday Wednesday Thursday Friday and Shabbos so the rabbis will come along and say don't do it on Shabbos but to make xero shamanisak in Glacier they'll be being oikera legamri completely under all circumstances so that they're they don't want to do and that's the reason why we don't make xero of Milan Shabbos because there's a explicit by the way the task reiterates as well as in your ideas I want to bring to your attention that the child revised Herzog who has a very interesting Shakira is it that the common don't have the ability to they're going to think the rabbis are out of control so is it that they were not empowered or they choose not to and he says the latter he says they choose not to now this is uh this is what I was getting at now let's go back to definitely base and you're gonna see Akasha atsuma on the Tas and I'm very happy today what what about Lula Vanessa Louisville 's asking have a little Vanessa the first day is I Raisa yeah um all seven days are the erase so they're still you're not being oiker look Emery okay in America that's why um yeah all seven days of circus with a little love to makaiim Lula of daira and it could be it's an Indian it's the taka many people go for breakfast perhaps more important is to go for lulav yeah okay now we're coming to the question of the century this is one of the most Lambda shikashas you'll ever hear I'm upset I I almost had it I when we were learning the gemara I I didn't crystallize it actually I was talking to my friend John talanski he told me Rebecca Vega quotes it from the Taz almost I mean he quotes the Char hamillah who asked this question on the Taz that it's Akasha on the Taz I want to share with you now I'm very happy because this all-time great Lambda shikasha I want to tell you who asks it and hits the nail on the head better than I've seen in uh any safer foreign she wasn't forced that implies if she's forced she's permitted says we're afraid she started off being raped and once she got into it she did a broad sign okay you hear this says that a woman who's raped is ushered to her husband comes choices please look at Tyson and Alex on the base is this is that were afraid that maybe she did brought Stein so Tyson says what do you mean it says we're worried that implies durabanan says it has to be direiser why because if it was only a dinner and we're gonna make a woman leave her husband because of the rabbis would never do such a thing the rabbis would never foreign take a woman away from her husband so therefore it has to be the irisha okay and since it's eraser therefore she's also to her husband question the Gomorrah asks the current but the Torah says mother to her husband to which the gumar answers it's talking about where she was screaming the whole time question what's Tyson's question let's let's clarify Texas's question tysus asks what do you mean how do you have a case of Inus but it's right the gemara asks how do you have oil fractis what's the problem it's only our sermon drop on Tyson says no it has to be the Eraser because if we're taking her away from her husband that has three Die Rise uh if it would have been exera durabanan then we have an answer to the gemara's Kasha the gamara wants to know how do you have a woman who's nenasana permitted her husband the answer is midday right so she's permitted and the rabbis Astrid that means tysus is willing to entertain the possibility that even though the Torah says a woman who's raped his mother to her husband the rabbis answered it says it's a Raya against the Taz is has Akasha Tyson says Kasha is what do you mean what do you mean maybe we see it doesn't hold like the Taz but what he means to draw button the rabbis cannot come along and say that if the Torah says a woman who's raped is permitted to her husband the rabbis can't come along and say she's also we see from Texas they could to Rio against the Taz whose cautious it's really earlier the malach I Visa because you're marrying Israel as opposed to uh no but right now the Torah says that if a woman is raped you're allowed to stay married to her it tices seems like he would say it's okay for the to say you're not allowed to stay married to her so we're on that part of it so it's not going to help to say their oiker the kadushan but why is this woman not allowed to stay married to her husband if the Torah says she is allowed to stay married to her husband foreign try not to be icker but by Kid douche him they have the authority to do it because the condition Israel you won't do it every single time you're doing certain scenarios not in the case where she's technically supposed to be multimeterized no the rabbis wouldn't do it in this in this case it the fact that there are a lot of tamper with the kadushan does not create an answer for her does not enable them to say the Torah says she could stay in the house how wide the rabbis uh what are the rabbis kicking around because they uprooted the condition that doesn't make harasser to him even with their ability to be Arc of the kadushan but we're not on the condition step we're on could the lady stay in the house with him inside it says foreign ah it's only drabanon nationally said but from Texas it's mashma that ptosis is Will willing to answer the gemara by saying that you know how you you know how even though the terrorist says she's mother she's Usher she's only us um only because of the reason that the rabbis will not take her away because of that it's it has to be divided but if it would only be rabbinic it's reasonable that they would ask her even though I said it's permitted it says she was enforced but if she was forced she's permitted foreign now rabassi asked what about Lou love so I I was madha the question because you're not pushing off rule of completely because still the Rises seven days but the hida has another question because if you look in the medrish on parshus Mr the Madrid darshins according to that there is an explicit pasok Right light person another Posh dose of yaima resign all Academia my resign is um is Ben Medina but there is a there is a medrish not in ligamara a medrish now it happens to be regarding this whole Taz there's a famous um where the the premium is in other words this din of the Taz is it only if the Torah says explicitly or what if we learn it from adrasha now according to rev Herzog is it's an interesting hakira because if the if the reason is Rabbi Sai that it's not that the don't have the power they don't want to because the of the tsudaikum but if the whole din comes from xera um never agreed to in the first place maybe they would the bottom line is um it's really amazing from our sugyung subas you see Akasha on the Taz I want to show you in the Shah melach the reason one of the reasons I picked you know I love the hida but also the Sharma is very hard to read he brings I read to you here may Ahi de garcina and paragnarosh and aspartita to say nun base um foreign already that to have it here yeah over here number seven foreign the following context just remind you came along with the answer um what do I do yeah the question is how could they ask the pasakum the Posse says should have brought you bread that means the Torah is saying the bread of goaim is but for our purposes we brought in lagabe Schaefer and uh apparently it seems from tysus that tysus does not subscribe to this side have a wonderful day tomorrow foreign he wouldn't be saying that wouldn't be coming it would just be saying that the woman can't be and go back to the and go back to us right it's not that you're not for me anymore but so far that they're you know it's not gonna be a mitzvah right but they're uprooting Apothic though because there is a pasig that says that a woman who's forced is mutter so he said they only won't uproot a Biblical commandment but a biblical permissibility that they're not as uh you know we have to understand why wouldn't they but it's okay I hear there there is a difference says regarding the halacha that charging ribbous to a nachry the Tyra seems to say it's a Mitzvah to charge revised under certain circumstances so rubikivago wanted Uh Kevin says so you see that could be oiker even something which is a mitsuktas so Kevin says whenever the prohibition is somewhat based upon biblical Source they could be up they could uproot a direisa La Mesa according to that this might be an answer why because maybe according to this ready for this there's a who's here the gemara abroad um no I think about actually brought a riot to rava from the healing espasa mm-hmm okay we'll hold over here okay we'll hold it here uh Rabbi yeah 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