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The Rambam and Megilat Ruth | Rabbi Yitzchak Breitowitz | May 19 2026
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Today I'm going to take a little bit of
a break but it'll be connected to the
Rambam but not the letter that we're
looking at. I want to share with you a
thought from the briskerv
using the Rambam to explain some
passages in migillat. So I think I think
it would be interesting. Um as you know
uh the minrael is to read uh the story
of Rut on and there are many different
reasons why that is given. Number one,
uh Russ is of course the great
grandmother of David Hamelik and the end
of the story of Russ traces the lineage
all the way from Yehuda
through R Boaz and Russ to David and
Kazal have a misor that David died on
Shva so it's his site so we honor David
Hamelik this way uh another reason is
that the story of Russ actually happens
around Shva's time the time of the
harvest of the wheat
Uh a third reason which is probably the
the best reason is that on mat and Torah
all of us became converts. All of us
converted to by accepting Hashem's
mitzvos. And therefore on the day that
we accept Hashem's mitzvos we want to
study about a role model of a totally
sincere righteous woman who accepted
God's Torah and that should be the model
that we follow in our own lives. And the
uh fourth reason the medish gives is
that uh Russ uh was exemplary in the
loving kindness that she had for Naomi.
Remember Russ and Orpa were both the
daughters of royalty. Egglon Melik Moaf
and uh Rus. Although when she initially
got married, she got married into a
wealthy and influential family. But uh
after Ali Melik and Mlon and Kyon died,
Naomi was reduced to abject poverty and
Russ left the royal home to live a life
of poverty and deprivation because of
the love and care and compassion she had
for Naomi. And the medra says this
reminds us that the Torah must be based
on on Camila's
uh because the the Torah begins with
Camila
Hashem creating a helpmate for for
Marish and it ends with Camil
Hashem burying Mosha Rabenu and
therefore it reminds us of the
tremendous importance of uh in a Jewish
personality. So there are a lot of
different reasons why we read migillas.
Uh the standard minog is that it's read
but seabore it's read in a minion. Many
many have a claf a parchment with a
braha. Others don't have a claf and
there's no braha but they read it a
minion. There are a few I think kabad
and some other groups that in fact do
not actually read it but sore at all.
Everybody just reads it privately uh
from their sitter but nevertheless uh
one way or the other people read it init
the second day of in Eric Israel since
we don't have a second day of we have to
pile everything on in the first day
which is a little difficult if you've
been up the whole night especially we
have rus and yskar and odamos and all
sorts of things uh maybe that's some of
the ysurin of Israel that this morning
is a is a longer davening than it would
be in.
Now I want to focus on one particular
aspect of Miguel and that is the story
of Miguel seems to involve a certain
type of ceremony that is akin to yum.
Remember Naomi is very very concerned
that she lost her son Machlan and she
Mlan had no children and she wants to
perpetuate the memory of her son. So she
wants Boaz to marry. Now now again you
need to keep in mind the family
relationships here. Everybody is kind of
related. Uh the Gomorrah says in Baba
Basra that Elime Melik Naomi's husband
Salmon
who is Boaz's father. So Elime Melik
Salmon
and the other relative who goes by two
names. He's either called to
or he's called Paloni Almani which means
John Doe even in modern Hebrew. All of
them are brothers and they are the sons
of the great Nakshon Benaminadav
who was the head of the tribe of Yehuda
who was the first one to jump into the
Yamsu. Okay. So Ali Melik Salmon
and To are brothers the sons of Benad.
Now that would mean Mlon the son of Elim
and Boaz
the son of Salomon are first cousins.
Everyone understands that they are
cousins. They are not brothers. They are
cousins. But Naomi wants Boas
to marry Rus to perpetuate the seed of
Mlo. Now the very language of the verse
is the same language the Torah uses
about yeum. But the issue becomes this
is not really yam. Yeum is when a
brother dies without children. There's a
mitzvah on the brother. Uh these are
first cousins. There is no mitzvah of
yam visa via first cousin. But the
Ramban explains that there is something
called nonhalic or spiritual ebam.
Meaning the halic mandatory aspect of
yamim is only from brother to brother.
However, any relative in the family has
a mystical capacity to perpetuate the
soul of his departed relative by having
a child that in many many ways although
obviously it's the child of the father
but spiritually it's almost the child of
the deceased
in fact you even see this very
dramatically in fact not even the child
of the deceased maybe the deceased
mother when when Russ finally has a
child from Boaz and the child is named
Odet and Oette is the father of Yishi,
the father of David. So it's like the ne
I don't know I always get this
impression the neighbors like take the
baby away uh they I mean not really but
they take the baby from Naomi from Russ
[snorts] and they say
Ben Lami behold there is a son born to
Naomi meaning the child was really seen
as a replacement for Maklam
and Ra's righteousness is such that she
kind of almost almost gave up the child
to kind of be be considered to be the
the mother. So we have to understand
that what's going on here is is not
mandatory.
What is going on here is spiritual.
And Naomi feels that Boaz is the best
person to fulfill this role. Boaz was a
sadic. Boaz was a god. Boaz was one of
the chauffeim. Although in the book of
chauffeim he appears under a different
name. There's a chauffe called if son.
He's not given too much too many lines
in the book of Chaftim but Kazal say if
son and Boaz are the same person. Now
Boaz then says
and remember this is a whole scene where
Russ comes to him in the middle of the
night to kind of shock him into his
recognition because he wasn't getting
it. And when he finally figures out
what's going on, he says, "I will do
what I must do, but there is someone
that's a closer relative than I, and he
must be given the first right." And in
the morning, we will check in with him
and if Tove, again, assuming Tob is a
name, if Tove does the job, that's fine.
If to refuses to do the job,
I will be the one after him and I will
do the job. And if you remember, to said
no. And I'll get into why to said no.
Yeah.
>> But this is connected also with
because first they're talking even about
the land.
>> Yeah. I I'll I'll I'll get I'll I'll
discuss that. Okay. So yeah.
people who are spiritual.
>> Well, yes, apparently there is.
Apparently, it's interesting. Why is
Tove even considered to be a closer
relative? Now, remember, Tove is Mloon's
uncle
because he's Melik's brother. Uh, as
opposed to Boaz
that is a cousin.
Now, it's not intuitively obvious why in
the hierarchy
an uncle would be considered closer than
a cousin. But first of all, you do see
this in the Torah itself. Because for
example, a man is not allowed to marry
uh his uncle's wife. Even when the uncle
dies, a man is allowed to marry his
cousin or his cousin's wife. Again, if
there's a widow or divorce. So you do
see that an uncle is closer simply
because an uncle is actually a brother
of your parent and that that's a closer
relationship than a cousin. So
apparently there is priority here.
Now
the next morning
Boaz goes to the gate. The gate of the
city of Blehem was the public place the
square where people would assemble to
discuss various business transactions.
Boaz gathers a minion
and Boaz says the following. Now he
starts off not even talking about Yeam.
He starts with a different topic. He
says Naomi
has sold a field
and there's a mitzvah on the relatives
to redeem the field and bring it back
into the family. Again, I'll explain
that. Are you willing to exercise
this right of redemption?
Plonial Elone says, "Sure, I'm very
happy to exercise the right of
redemption."
Then Boa says, "Oh, forgot to tell you
there's a little condition
that in order to exercise the right of
redemption,
you have to marry Russ."
So Ploni alone gets cold feet. Plan says
legally I cannot redeem under these
conditions
lest I corrupt my inheritance. I'm just
translating it literally for now.
You go ahead and handle the whole thing.
So the truth of the matter is just just
reading the verses, everything is kind
of unclear here. Everything is a bit of
a fog. So first of all, if Naomi
actually sold the field, why is she in
control of any conditions at all? Why
can't Aloney say, "No, I don't want to
marry Russ and I want to redeem the
field." What? Naomi is not going to let
me redeem unless I marry Russ. If the
field was sold,
the only shyus uh pelonium has is with
the buyer of the field. Naomi does not
control the terms of the redemption and
Naomi cannot put any conditions in that
redemption. So what is this linkage
that's being proposed? So Rashi actually
answers that in the following way and
it's a kesh and it's a dohak. It's a bit
of a force in the language, but this is
what Rashi says. says when it says Naomi
Mah
sold the field, it does not mean she
actually sold it. It means she's
planning on selling it. And although
relatives should have a priority
in buying the field, Naomi because she
has not yet sold the field can basically
say I'm only going to sell the field to
the one that marries marries Russ. In
other words, Rashi is saying her ability
to make this condition is only because
the word mak
is lava
and makra is she wants to sell the
field. Now again what is being referred
to is the in paras
towards the end of safer
when a person sells a field because of
their poverty
there is a mitzvah
well if the person has their own money
they can redeem it themselves by
tendering back the purchase price but if
they're not able to redeem it themselves
there's a mitzvah on their relatives
to redeem the field and the buyer has to
give in. Meaning by the buyer getting
back his money, the redeemer has the
right to the field. And indeed, there's
even a complicated formula of
depreciation because remember, every
sale in these days was only a sale until
Yoville because when the Jubilee year
came back, the land went back
automatically. So every sale is for a
maximum of 50 years
or 49 years. 49 years. And as a result,
what the way the formula works is the
purchase price is divided by the number
of years until Yel and for every year
the buyer has to field that percentage
is deducted from the redemption price.
So to give you to give you a very simple
example uh let's say that uh a purchaser
buys a field at the very beginning right
after yoville he buys it in year one
and he buys it in year one I'll make up
a crazy number only for $1,000.
Now the way that works is since he's
only buying it for 49 years. Okay, I
don't have a calculator here, but divide
a,000 by 49 and essentially he's paying
that amount for every year. So if the
buyer wants to I'm not buy if the owner
wants to redeem it after 10 years. The
owner does not have to tender the full
price rather he deducts the years that
the buyer already got. That's called
redemption. That's called gula. And the
Torah says the right of gula belongs to
the the original owner. But if the
original owner cannot redeem, there's a
mitzvah on the relatives to redeem
utilizing the same formula. Now the Tyra
is clearly talking about when the field
was already sold. That's what the Torah
is talking about. According to Rashi,
the case of Naomi is the field was not
yet sold. But the sura the logic is the
same. The same way there would be a
mitzvah
to keep the field in the family to
redeem a field that was sold. There
would be a mitzvah on relatives to buy
the field from the owner. In other
words, it's an extension. In other
words, the point is it is not the exact
case the Tory is talking about but it is
a logical extension of that case to keep
the field in the family. Now you might
ask a very simple question. Uh earlier
in Russ we talked about Naomi coming
back. Naomi is povertystricken. Naomi
has to send Russ to glean in the fields.
I mean if Naomi has a field you know why
can't she be supported from that field?
The answer is very simple. Naomi is
coming back at the beginning of the
harvest season, meaning there's nothing
you can't plant. There's nothing to
plant right now. It is a barren field.
Naomi is going to starve to death unless
um there's another source of food. So
maybe had Naomi come back at a different
time of year, perhaps that field could
have been cultivated. At this point, um
all she can do is sell it. Now, of
course, you may ask another question.
How does Naomi own any property
whatsoever? Uh again if Alame Melik died
it would go to his sons and um if the
sons died it does not go to their wives
it would go to cousins or whatever. In
fact it might have gone to Boaz and to
automatically. Uh the short answer is
the Maporam say that this was a field
that she had a right to as payment for
her cassuva
from her husband. So this was a cassuva
field and the like. Okay. So Rashi does
answer the first question meaning the
first question I raised was what gives
Naomi control
over the process to basically say you
can only redeem the field if you marry
Russi
is because Naomi has not yet sold the
field and therefore she can sell the
field to whomever she wants and she
wants to use this as leverage
to encourage the marriage of marriage of
Russ which in turn is what what would I
call spiritual yam or nonic
yeam so now let's look at it from the
perspective of ploon alone ponial alone
is perfectly happy
to redeem the field by the field but
once it's linked with Russ all of a
sudden he says can't do it you go ahead
and do it what's going
lest I destroy my inheritance. What what
destruction of his inheritance would
there be? So Rashi
in a very brief comment but the comment
has a lot of background that you need to
know is Rashi says Paloni Almani is
making a very serious mistake which is
leading him astray. And in fact, even
the way words palon ali
uh refers to his ignorance in Torah.
Paloni is mla. The Torah is beyond him.
Almon is he's mutem.
He is mute in not being able to express
understanding of the Torah. He was
Amoritz. Although we'll see according to
the briskar, he's a very he'll be a very
sophisticated Amaritz. And Poni Aloney
felt he is not allowed to marry Russ
because Russ is a moabitete
even though she converted. She
converted. Yeah. But she's a moabitete.
And the Torah says in paras
yo ami moashem
the moabitetes and the ammonites these
are the descendants of lo's daughters
are not allowed to enter the
congregation of god meaning this is not
talking about they didn't convert if
they didn't convert they're goyam means
even if they convert they are not
allowed to marry into claw israel they
can marry with each other etc but they
cannot marry into claw Israel and the
Torah gives a reason. And by the way,
it's not because they came from incest.
That bada is not the reason that's
given, but it's because of their
selfishness and cruelty that they did
not offer us food and water when we
needed to pass through their land. Of
course, that's another question. Why did
we need food or water? We still had the
money. Okay. But everything opens up
into other questions. But that's what
the Torah says. The problem is their
cruelty and lack of gratitude to
Abraino. Okay. So bo uh ponial alone
says
I don't know what m and did that was
their aa maybe that's why they even died
and boas my my nephew he's making a
mistake I don't consider this mudra this
is a prohibited marriage so when he says
lest I destroy my inheritance my
inheritance means my bloodline meaning
to say the children I have are going to
be tainted because they come from
forbidden Moabitete blood and they
themselves will therefore be stigmatized
as Moabites. Now this is a mistake.
What is the mistake? Because the halaka
is very clear that the prohibition of
marrying the Moabitete is only if it's a
male Moabitete and not if it's a female
Moabitete. In fact, that's exactly why
Mlon was permitted to marry Russ and
that's exactly why Boaz is permitted to
marry Russ and that's why David Melik is
not considered to be tainted from
Moabitete. But the plonial mooney is an
amorit
and he thinks that the prohibition of
marrying the moabitete is even if it is
a female moabitete and if Naomi is
saying you can't redeem the field unless
you marry Russia alone says I have to
say no now what's so interesting is and
this is even what
boas makes no attempt to convince him to
the contrary in other words pon says
can't do it. So Boa says, "Okay, I'm
going to marry her right now." In fact,
he assembled a minion. According to
Warus, part of why he assembled a minion
was because Chevraus requires a minion
and he wanted to marry Russ immediately
because Colonial Aloney might change his
mind or look in the or whatever it is.
And the piska says
that if somebody has a certain priority
to do a mitzvah, but they think they're
not supposed to do it. You do not have
to correct them. You can just move in
and do it. You can take advantage of
their ignorance. And the ria is that
Boaz is taking advantage of that of that
of that ignorance. Yeah.
>> Yeah. Well, okay. So let me well well
well no okay okay this is what I'm
talking about I mean this is exactly the
sheer yeah
>> wasn't engaging in some substitution
because if she had not yet sold he just
contacted this this
he never had this conversation with that
she's about to sell
>> uh well that that's an interesting
question meaning are you saying that
boas made up the story uh that's an
interesting that's an interesting
possibility I mean most assume that boas
is conveying
the information that he had. But you're
right may maybe that whole thing that
whole thing was well no that can't be
because Lammya after the transaction it
does say befavorish the field now
belongs to Boas. So so it must have
happened. Now there is a ceremony that
as soon as Pon says no there's a
ceremony of shoe removal
that goes on. Now here I want to clarify
a very very frequent source of
confusion.
It seems intuitively
that the removal of the shoe
corresponds to the kalita ceremony in
the Torah. Again, what does the Torah
say? If a brother dies, this is let's
say mandatory even. If a brother dies
without um children, there's a mitzvah
on his brother to marry. If the brother
does not want to do it or the woman does
not want, there is a ceremony. She
removes his shoe and she spits in front
of him. Not in his face, in front of him
in front of and she says, "So shall be
done to the man who does not want to
rebuild his brother's home." By the way,
among Ashkanazim, we don't we do not
even practice yam. So a woman needs only
do allow ye which seems to be what the
Torah I mean the Torah clearly indicates
yam is the preference and khalita is the
second best
of a different okay now one would
immediately assume based on that
knowledge that oh
refuses to do non-hibum
so there's a shoe removal ceremony which
seems to be khaliza
It's very important to understand that
the ceremony that is being described in
migadr is not
a khalita ceremony because according to
first of all when you have two potential
yams let's say you have two brothers
and the older brother is given priority
and the older older brother turns it
down and the younger brother is going to
do it there's no khalita there. So it's
the same thing here. If you have two
relatives and one says no and one says
yes, there's no khalita. There's only
khalita if there's not going to be a
yamim at all. So that's one reason why
it's not khalita. A second reason why
it's not Khalita is it's a little
ambiguous who took off whose shoe and
according to Khazal the definitive
interpretation is Boaz
took off his shoe
and gave his shoe to Paloni Almani.
Now I'll explain what what what that
even means but that's not khalita boas.
First of all, if anybody would take off
anybody's shoe, it would have been Russ
taking off the shoe from Poni Aloney.
This is this is Boas taking off his shoe
and giving it to Paloni Aloney. So it so
although it's reminiscent of Khalita and
I would even suggest that perhaps the
Nvi wants to create a mental image of a
Khalita ceremony, but this is not a
Khalita ceremony. What this is, this is
something that is known as a Kenyan
khalipen. And that that is the idea that
when you give up rights and prerogatives
in order to make it irrevocable, I give
up a right to something. So I give you,
it's kind of a symbolic barter. I give
you
something. And it could be anything. It
could be a handkerchief, could be a key.
Uh it can't be money. It has to be a
clay. And by my giving you this object,
that is a symbolic barter transfer of
your rights. Now, it it didn't have to
be a shoe. I'll explain why. It was
customarily a shoe. Uh but the idea is a
plea, some type of vessel. Now, here
Plony Almani has two prerogatives. He
has the prerogative of redemption
and he has the prerogative of non-hala.
He does not want to exercise those
prerogatives.
Boaz wants to be sure that plonial money
will not change his mind in the next
minute or so. So this is finalized
by a symbolic barter in which Boas gives
something of value.
didn't have to be issue intrinsically.
I'll mention in a moment why this is
khalipin barter. I give you this object
in exchange of which you renounce your
rights in a permanent irrevocable
manner. This is called kenyan khalipin a
kenyan an acquisition based on exchange.
And since it was commonly like a a scarf
that was used it was called kenyan
sudar. uh if you ever if you remember
your wedding uh or the uh weddings of
your children or grandchildren.
So uh before the cassuva is signed
the witnesses give the kassan a pen or a
handkerchief
to lift up and that's very very
important that actually has to be done.
What is that doing? It's a barter in
exchange for my giving the kassan
something. The is assuming the
obligation. In other words, kenyan suda
can be either renunciation of rights or
the assumption of obligation. It's the
same thing. It's just two sides of the
same coin. If thean is accepting the
obligations of kuba, it is through a
khalipen.
If [clears throat] Almani is renouncing
his rights, the renunciation takes place
to a khalipe. So this is very important.
I mean the reason I'm I'm belaboring it
a little bit is countless countless
people automatically assume that what is
being described in the shoe ceremony is
Khalita
when in fact it is not khalita, it is
Kenyan Khalip. Now Kenyan Khalipin does
not require a shoe per se and the
McGillis it says says
is writing it later the old custom used
to be that for transactions people would
remove shoes indicating that even in
time already they stop with the shoe and
the Kenyan Khalipan is affected by any
type of cle a pen a handkerchief
whatever it would be now why was it a
shoe so again giving up shoes was a sign
of subservience. For example, one of the
signs of a slave was a slave went
barefoot meaning he couldn't go where he
wants to go etc. So the way they did the
kenyan khalipin is in exchange for your
renouncing your rights I am in your
service. I'm giving you my shoe. uh it
was a symbolic statement of uh in the
manner of the orient so to speak that I
am putting myself in your servitude in
exchange for your uh giving me uh your
rights but howly the shoe was not
critical in this in this instance okay
now according to rashi colonial mon's
mistake was that the female moavite was
much now I'm sorry female moite was also
when in fact the female moite was mutter
Here is the interesting question. If
Paloni Aloney took the position
that marriage to root was forbidden
under the Moabitete law,
why does he say my only concern is I
don't want to ruin my children?
It's like a person that says, um, I'm
not going to bring tra into my house
because it'll be bad for my children.
Well, that's true, but you're not
allowed to eat. Meaning, he should have
said, "I can't do this because it's
forbidden to me." Why is he only
concerned
for the kids?
>> Yeah.
>> Well, well, well, this is this is the
way people talk. Boaz obviously is
saying it's permitted. Boaz is saying
it's permitted. So basically ponial
money says okay you think it's okay you
take the responsibility for it it's a
way of it's a way of talking meaning
it's on your head it's not on my and by
the way it's very interesting Boaz was
very old he had recently become a
widowerower he consummated his marriage
with Russ and he died the next day
[laughter] so a lot of people said hey
Clon alone must have been right you know
you're not supposed to not supposed to
touch this marriage by the way that's
that's why Hanovi kept out that detail
in the narrative because
Mafim say wants to legitimate David
by showing that the great Boaz married
Russ if he'd put in the detail of Boaz
dying right away that would have
undermined uh the story. Boaz died for
other reasons that his time had come.
Okay. So here's what the brisk says.
We find this is the point you made. We
find that the accusation
that David Hamel is tainted
because he comes from Russ the Moabitete
and the Torah says Moabites cannot marry
into Khloe Israel is an accusation that
haunted David
remember this is many years after Rus it
haunted David for many many years.
It haunted him when he before he was
even king where after he killed Galas
after he killed Goliath who by the way
comes from Orpa. So interesting that the
great grandson Russ and Orpa are sisters
the great grandson of of Russ you know
kills [snorts] the descendant of Orpa
and the like. Uh and when Schlaw was so
impressed Goe who always looks to find
something bad about David says ah this
guy's a Moabitete. He's not even a
kosher Jew. It haunted him when David
became king. And David had many many
enemies. If you read to him, you see
David is not just talking about external
nations. David has many many enemies in
Khloe Israel who make his life very very
bitter. They bring up the Moabitete uh
idea over and over and over and over
again. Now
according to our tradition the female
Moabites was already an established and
that is why Boaz married Russ that is
what Boaz is establishing. Uh but the
halaka gets forgotten over and over
again for various reasons maybe because
there are very few Moabitete converts.
It's like you know how many Nazis
converted to Judaism? There were some
but you know it's it wasn't a common
common occurrence. But here is what the
briskarov says and this is now my my
excuse for digressing from our topic
because I want to bring an interesting
ruling of the Rambam. Uh one of the most
interesting sections in the Mishna Torah
comes towards the end of the Mishna
Torah in a very
interesting obscure corner called Hilhis
Mamm.
Hilos Mamra means the law of the rebels.
And here the Rambam kind of it's kind of
very ingenious. It's really a poperet
cholant of different types of rebellious
people. He talks about the zak mamre the
rebellious elder who refuses to accept
the decisions of the Sanhedrin.
He talks about kibbutim the person who
refuses to accept the authority of their
parents. Now there's no connection
between the two but the Rambam invented
an amazing common denominator called
Mamrim. They are both rebels. Remember I
think we talked about at the very
beginning of the of the course here that
um the Rambam sometimes had problems in
where do you put certain things? How do
you classify? So he had to sometimes
create new categories. Uh the Rambam
talks about the Ben Soreru Moore the
rebellious son. uh the Rambam in fact
there's a very famous passage about the
Kim
who reject the oral law that's in
hilosim and the Rambam gives a very
famous rule that's highly relevant to
the way we deal with kilonim today and
the Rambam says that it is only the
first generation of kim who rejected the
oral law who are treated as rebellious
the later generations were born into it
and they have the status of Tino
Shenishba the captured baby and that
Rambam is the basis of all that we talk
about how we deal with etc who were not
raised religious based ones but it's
based on that Rambam by the Benim
remember kyites in Egypt were very very
large movement okay so in the middle of
hilos
the Rambam raises the idea that even a
sanhedrin
can theoretically be rebellious if it
rejects the stock of an earlier
Sanhedrin.
And he brings the gammorrah that says
b here means a bel
later bon cannot enull or rescend
the decisions of an earlier sanhedrin
unless they are greater
in kma
greater in wisdom and usually because of
miscatuos
we tend not to go there and they also
have to be greater in number.
Now and the Rambam then asks asks
himself immediately since the maximum
size of a Sanhedrin is 71,
how can you ever have a Sanhedrin
that is greater in number? No such
thing. So the Rambam says that if a
later Sanhedrin, which is greater in
wisdom, if there will ever be such a
thing, wants to consider a repeal, they
can temporarily expand the Sanhedrin to
include the other of the generation. In
fact, some have said, some have said
it's not clear what is the relationship
at the beginning of the second temple
between the ane kessa sagdollah, the men
of the great assembly and the sanhedrin.
Now the men of the great assembly were
120 elders. Is that the same as the
Sanhedrin? But some say based on this
Rambam, Ezra felt a need to expand the
Sanhedrin to accommodate the unique
needs of the returning Jewish population
to Erit Israel. Okay. Now, so the Rambam
does say therefore a Sanhedrin cannot be
mateel
the of an earlier Sanhedrin unless they
are greater in both wisdom and number.
That's that's good. But then the Rambam
creates a very interesting exception
that I believe is his. It's not clear
that there's a mak in the garra to this
and that is this is only true
meaning when do you need a greater
Sanhedrin.
This is only true
if it's a takana
like lighting kaneka candles or a gizer
a decree of not eating chicken and milk
lest you eat meat and milk a legislative
taka a draan you cannot be mathlet
unless you're greater but if an earlier
Sanhedrin made a drussa they interpreted
the biblical sukum a certain way and a
later Sanhedrin thinks that that is an
incorrect
drasha.
They could be matalate even if they're
based in cart. Now, now at first glance,
this is very counterintuitive
because a takana or gazer is only a
rabbitic law. So, you'd figure that's
easier. When you make a dasha, you're
interpreting the Torah. That becomes a
dorisa.
So how can you say when it's a dissa you
don't need a greater basement? But the
answer is very very logical. And
laavdale
I don't know if anyone here has legal
background I'm going to give you a legal
analogy.
Um you know in the Supreme Court of the
United States really really every court
they follow precedent normally but there
is a cl
that when it is a matter of
constitutional interpretation
and a later Supreme Court thinks the
constitution was incorrectly interpreted
president has much less authority
because the ultimate loyalty of the
court is not to the president. The
ultimate loyalty of the court is to the
constitution and if they feel the
constitution
was misinterpreted
they must follow their understanding.
Now laavdil
this is a perfect analogy. It actually
is a perfect analogy to the ram's getter
when the Sanhedrin makes a takana or a
gazer. So that's a new law that they
made. So we don't have the authority to
repeal it unless we're greater in wisdom
and number. But when the Sanhedrin makes
a dasha,
they're interpreting what the Torah
means.
Now if a later Sanhedrin
feels that's not what the Torah means.
To whom do they owe their loyalty?
to the Torah of Hashem
or to the human body that interpreted
that Torah. Their first loyalty is to
the Torah. Now that doesn't mean I can
argue with the Sanhedrin that for sure
not. But at least a Sanhedrin that's
given the authority to interpret the
Torah. So even a based in Kotan.
So now the briskar says
Ploni Aloney is not as much of an
ignoramis as we might think. He's making
a very sophisticated argument although
it's it will still be mistaken and that
is
the Gumar yamos that talks about doe
trying to discredit Dovet and theim said
no no no female moabites are permitted.
The Gmoramos gives us a back and forth
and that is theim said to do
the Torah gives the reason why Moabites
are forbidden because they did not give
food and water to the Israelites when
they were passing through the land or
when they wanted to pass through the
land. You can only blame the men for not
doing that. You can't expect women to
come out and uh give food and water to a
foreign army.
Right? So
that's a drussia, right? That's that's a
methodology in which you're looking at a
puk and you're using the reason to have
an inference. Doe
tried to refute that Russia. Doe said,
"What do you mean men could bring it out
to the men? women could bring it out to
the women and the kame argued back and
forth says the briskar
this what happened with doe decades
later
is what plonial money is afraid of right
now meaning the following colonial
mooney understands
the is female moabites are permitted
that's why boaz is proposing this and
boas is a galador but colonial Aloney
thinks it's based on drussia.
Now if it's based on drussia, here is
the argument of the brisk.
If I go ahead if colonial money marries
Russ, he's okay because he's following
the hor
of the Sanhedrin.
But what's going to be if a hundred
years later
a later Sanhedrin says exactly what doi
later says. So that's not going to
affect me. I didn't commit a sin because
I followed the guidance of my son. But
liafa retroactively
all of my children are going to be
stigmatized. So when Rashi says, I think
it's a stretch to put this in Rashi,
that he's making a mistake in the of the
female Moabitete, he's not making a
mistake that he thinks it's forbidden,
but he's making a mistake that it's
based on dasha
and the drussia could be changed even by
an inferior basin. And the reason it's a
mistake is because the gamor's masana is
that it is not a drussa. It is a
directi.
It was a direct law given to Moshe and
that certainly is going to be
unchangeable. Soon's mistake was he
thought it was a biblical exigis
when in fact it was
if it's a biblical interpretation
that is subject to change even by an
inferior bin
years later. If it's then of course
that's a direct transmission. Okay. It's
a beautiful beautiful thought of the
briskar which actually paints Plonial
Aloney as a more learned person than
Kazal seem to seem to paint him as. Now
the idea that Boa's assembled dominion
uh when he talked to Pon Aloney uh I
should go back a little bit. The
Gammoran Cassubos actually says there
were two different reasons why he may
have assembled a minion. One is he
wanted to publicly proclaim Barabim
minion that female Moabites are
permitted
lef farm
and the other is uh that chevraus
requires a minion and therefore he was
going to marry her right then. Now it's
interesting I would think because here's
the thing when we say requires a minion
thean counts as one of the 10.
So technically he wouldn't have to
gather 10 people.
>> He'd only have to gather nine people
plus himself. No plonial money would
count as well. If on the other hand he
wants to be
he would need a crowd. He would need
what's called. So I'm not sure um how
you get around that. Gives two both
gives two reasons but maybe maybe
they're not alternative reasons. Maybe
they're cumulative reasons. So we had 10
in order to beim
the uh I just want to point out that um
and I think he brings it from earlier
sources uh makes a very powerful and
beautiful observation.
He says, you know, Ammon and Moab are
not our worst enemies. I mean, there's
no mitzvah to eradicate Ammon and Moav
like there's a mitzvah to eradicate a
mullet.
And yet, in many, many ways, the or the
we have for Ammon
is indeed worse than any other nation.
Even a Malik, as strange as it sounds,
as bizarre as it sounds, according to
the Rambam, if an Amali
doesn't even become Jewish, if an Amali
accepts the seven commandments of Noah
and Jewish sovereignty over Eric Israel,
he is allowed to be kept alive and he's
allowed to live in Eric. That's why you
find throughout n you find amalakes
coming and right in fact uh who gave
David news
that sh died it says gari
what on earth is there a ga malei doing
around the answer is even amalik has
admission and the gammor even says that
there were great that were descended
from amalik
ban of shaman ham is amalik Hmon was
killed, but apparently he had and his
sons were killed, but apparently they
were grandchildren and eventually the
descendants converted. They became
teachers of Torah. So even a malik,
that's the absolute epitome of evil,
has some potential connection to am.
The Moabitete males at least are totally
mukak. So even though we're not allowed
to wage war with them except
defensively,
that's true because they're our load's
children, but nonetheless, we keep them
at at arms length. And Revkito says, you
see from here
how important gratitude is for a Jew.
You know, Amal represents evil for sure,
but Amalik also represents people that
were rejected. If you if you know the
story of Amal, Amal was the son of
Timna, who was a pleesh, a concubine of
Asov.
And the Gmorrah has a story, the med has
a story that Timna wanted to uh she was
a princess. She was a baselik like Hogar
and she wanted to join Arainu's home and
they rejected her. And she said, "If I
can't join the good part of Avaram, I'll
join the bad part of Abraham.
And
she was taken by Asov's son and she
wasn't even given the dignity of
marriage.
is rejection. In fact, was very famous.
He would never kick somebody out of
yeshiva even even though it seems that
he should kick the guy out. And says, "I
don't want to create more Amaliks in the
world." God forbid when people are
rejected. Now, now again, got to be
careful. We are not, so to speak,
defending a Malik. We are not blaming
the victim. Obviously, there are many
people that get abused and get hurt and
get rejected who don't grow up and kill
six million Jews or people. Okay? So,
we're not exonerating evil. But we do
have to understand that rejection can
have catastrophic effects. So, a malik
is the product of rejection. But ammon
and Moab coming from lo are only the
products of kindness, consideration,
care and concern. And therefore Ammon
and Mayv don't represent evil. They
represent ingratitude.
And in some ways ingratitude
is such a destructive mida
that it even creates a greater
distancing than the radical evil of a
malik itself. And that's an important
idea.
Uh in fact the whole word yehudi
comes from I mean Yehuda. But why why
did Leia call her fourth son Yehuda?
Because she said hapam odashm now I am
grateful and rashi explains the medish
that leia knew with ruesh
that there would be 12vatim
and she knows that the 12 boys will
emerge from four tri four women rail
zulfa so she figures she everyone is
entitled to three sons so when she has
number four it's no longer magi We wound
up with six. But when she had the fourth
one, she said, "Now I am grateful.
Yes sir,
I have taken more than my portion." So
says theas,
every Jew is called Yehudi
because we have to go through our lives
feeling that Hashem's kindness
is more than I deserve. Now remember the
simus was saying this in uh
povertystricken
rapidly anti-semitic Poland to have the
attitude of taliashem
virtually all of us are in a better
situation than that and how important
takarat is and that that you see because
the of ammon is very very extraordinary.
It goes even even beyond Amalik on some
level since the Rambam understands Amal
Amalachites have the kawak to remain
init
of Noah. Um okay so I wish you all a
wonderful wonderful inspirational day of
Kabala Satra and may we be za to be