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בענין מלקות בלפני עור
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The Hinuch,
in Sefer haChinuch, Mitzvah 232 says
that as it relates to the issur of
"lifnei iver lo siteh michshol", "de'ein
lo ikken alav". You don't get malkos for
lifnei iver lo siteh michshol "lifnei
she'ein ba'maaseh". So, lifnei iver lo
siteh michshol is a "lav she'ein
ba'maaseh", and because it's a "lav
she'ein ba'maaseh", "ein lo ikken alav".
The Hinuch says you don't get malkos.
The Hinuch says
that to me, I I have no havana in the
world of what's going on in this Hinuch.
Lifnei iver lo siteh michshol is a
"lav she'ein ba'maaseh".
I say it could be a "lav she'ein
ba'maaseh", right? For example, if
somebody comes to you for advice, you
give him bad advice.
Okay, you're over lifnei iver lo siteh
michshol and uh you did a good dibbur. A
dibbur is your classic example of "lav
she'ein ba'maaseh". The "lav she'ein
ba'maaseh" "ein lo ikken alav". But,
what if you did a "maaseh"? What if you
uh took a stumbling block, you put it in
the path of an iver, he tripped on it,
and you were just over lifnei iver lo
siteh michshol, and you did it with a
"maaseh". So, fake the Minchas Chinuch.
What's going on over here? "Eina
chinami", it's possible. It's possible
to be over
on a "maaseh", but it's also possible to
be over with a "maaseh". And to the
extent that it's possible to be over
with a "maaseh", so when you do it with
a "maaseh", you should get malkos. So,
the Hinuch says "ein lo ikken alav
lifnei she'ein ba'maaseh". That's all
good if you did it on a "maaseh", but
what would be if you went ahead and you
did it with a "maaseh"? "L'chumra", in
that case, you should get malkos. Says
the Minchas Chinuch that at first
glance, I think this is a "raya" to
something that I've always thought,
something that I think is very "meduyak"
in the Rishonim. And that is that if
somebody would go and he would violate
lifnei iver lo siteh michshol, we've
spoken about this so many times.
Somebody would be would violate lifnei
iver lo siteh michshol in the "pshutei
shel mikra digazelans", he would not be
over for lifnei iver lo siteh michshol.
In other words, if somebody would go and
he would put a michshol in the pathway
of an iver, and the person would fall
and harm himself, you would not be over
for lifnei iver lo siteh michshol.
If that's true, "zogt der Minchas
Chinuch", then I have no problems over
here. Cuz what would emerge is the only
way you could be over lifnei iver lo
siteh michshol is on a "maaseh". The
only way you could be over on a
"maaseh". In that case, it's going to be
a "lav she'ein ba'maaseh", and if if
it's a "lav she'ein ba'maaseh", now
what's this "chiddush" that the Minchas
Chinuch mentions that we've spoken about
so many times? It comes from the Mishneh
Halachos who brings it from the Knesses
Hagdolah who said that if you look at
the Rishonim, you look at the Sefer
haChinuch, and you look at the Rambam in
his Sefer haMitzvos, and you look at
Rabbeinu Yonah in Shaarei Teshuvah,
different Rishonim in different places,
when they talk about the issur lifnei
iver lo siteh michshol, they say what's
the issur? The issur is not to give
somebody bad advice. Read the Hinuch.
give all of the "noitel heimanu". This
is the way the Rishonim present the
halacha of lifnei iver lo siteh
michshol. And that message at first
glance is "apela". Why would they
present it that way? I mean, it's true,
this is a "se'if", it's a "se'if
[laughter] katan", but that's not the
"ikkar". The "ikkar" is there is there
is don't go ahead and put a michshol in
front of an iver. Says the Mishneh
Halachos from the Knesses Hagdolah who
said that you see from here that if
somebody would go ahead and do that,
"hitaku" wouldn't be over lifnei iver lo
SITEH MICHSHOL. IT'S "DAFKA" IF YOU DO
IT in this funny way. It's "lifnei sumah
be'eitzah davar". But, if it would be in
front of a literal iver, a literal
sumah, in that case, you wouldn't be
over. The question is why? "Mei achas
teisei hadas", do the Rishonim know
this? So, over the years we've mentioned
two "mahalos", and they both come from
this Minchas Chinuch, and there's really
two "mekoros". One is the Kli Yakar. The
Kli Yakar says it says in the Torah "lo
siteh kal cheresh lifnei iver lo siteh
michshol vi'yareisa mei'Elokecha".
Rashi says what does it mean "vi'yareisa
mei'Elokecha"? So, Rashi says that being
that this "inyan" of lifnei iver lo
siteh michshol is not something that's
"mesur l'eiv bashal adam". Right, the
"chevreh" around, they don't really know
if you're being over lifnei iver or not
being over lifnei iver. So, you would
think I'M NOT AFRAID, BIG DEAL, LET ME
go ahead and do it. The Torah says
"vi'yareisa mei'Elokecha". That even
though the "chevreh" don't know, but I
know, and as a result, you should be
afraid of me because I'm "makir" your
"machshava", and I know whether you're
you have in mind the right thing or you
don't have in mind right. Straight to
the Kli Yakar, why are you saying lifnei
iver lo siteh michshol is is that an
"aveira" that the bystanders are not
going to If somebody sees you go and you
put something in the way of a "sagi
nahor", and he's going to fall on it, so
uh
they're going to have you doing an
"aveira". What's the "vi'yareisa
mei'Elokecha"? Says the Kli Yakar,
"V'eistois", that's not lifnei iver lo
siteh michshol. "V'eistois" "vi'yareisa
mei'Elokecha" is teaching me that the
only time you're over lifnei iver
"de'Oraisa" is if it's something that's
"takken d'as mesur l'eiv". What does it
mean it's not "mesur l'eiv"? Like an
"eitzah she'eina agunas". How does
anyone know if the advice you're giving
is something you have in mind or you
don't have in mind? You have to really
trust the person. "Zogt der Eibershter",
I'm saying you're not afraid of him
because, right, he has no way of proving
that you're doing something wrong, but
be afraid of me. So, in the words of the
"vi'yareisa mei'Elokecha", we know to be
"meitzei mikra midei pshuta". The other
"mahlokes" that we said over this is
from the Malbim. What the Malbim said
that the "pasuk" says "lifnei iver lo
siteh michshol". It shouldn't have said
"siteh". Really, what it should have
said was "leisasem". Just in the world
of "dikduk", "leisasem" means to
to place something in front of somebody.
"Siteh" means to physically give
something to somebody. So, says the
Malbim from the fact that the Torah said
"leisitein" and it didn't say
"leisasem", that's what the "dikduk" is.
But, either way, "k'fi rabbos
haparshenim" to try to figure out where
in the Again, the fact that Chazal could
say what Chazal said, that's "Talmud
Bavli" 101. But, that being "meitzei
mikra midei pshuta", that's a
"chiddush". And by the way, to say over
the "kasha" with the "gishmak" is cuz we
know Rava says in "Maseches Yevamos"
that "b'chol haTorah kulah ein mikra
yotzei midei pshuta" with the exception
of the "parshas Yibum". That's the only
time where "v'haya b'chaya ish tela",
it's the only "pasuk" in the Torah where
"mikra" is "meitzei midei pshuta". What
do you mean? What happened to "lifnei
iver lo siteh michshol"? "V'eistois" in
the "pshutei shel mikra gufa" of "lifnei
iver lo siteh michshol", right in the
"pshutei shel mikra", you see already
"meforash" that it doesn't mean the
"pshutei shel mikra". But, "Al haPanim"
says the Minchas Chinuch, this Hinuch
would be a "raya" to that. Oh, it's very
"gishmak". What was my "kasha"? My
"kasha" was "l'chumra", why is it a "lav
she'ein ba'maaseh"?
You could be over lifnei iver lo siteh
michshol in the regular way. That that's
not true. If you were over lifnei iver
lo siteh michshol in the regular way,
you wouldn't be over lifnei iver lo
siteh michshol. This is a "raya" to the
Knesses Hagdolah says the Minchas
Chinuch that the Mishneh Halachos brings
that if you're over the "pshutei shel
mikra" of lifnei iver lo siteh michshol,
in that case, you're not going to have a
problem. But, the truth is this is all
"apela". It's all "apela". All the
"chiddushim" and "kashas", Minchas
Chinuch is a "mitzvas ye'ush". And the
reason Minchas Chinuch is a "mitzvas
ye'ush", yesh "yishuvim" by the way.
Yesh "yishuvim". But, it's it's a
"mitzvas ye'ush". And that is Minchas
Chinuch is asking on the Hinuch, how
could you tell me that lifnei iver lo
siteh michshol is a "lav she'ein
ba'maaseh"? "L'chumra", you could do it
with a "maaseh".
How? The "pshutei shel mikra" of lifnei
iver lo siteh michshol. It's a "raya" to
all this "gishmakerei" that if you do
the "pshutei shel mikra", you're not
over lifnei iver lo siteh michshol.
Forget about the "pshutei shel mikra".
Have another case. If you're "moshiach
ko se al an ozer", if you're "moshiach
even na chait uven ayach", are you also
over lifnei iver lo siteh michshol? It's
not the "pshutei shel mikra" that you're
over lifnei iver lo siteh michshol.
"L'chumra", in that case, it's a "lifnei
iver de'Oraisa". Like, "lifnei iver
de'Oraisa" is only "eitzah she'eina
agunas"? Is that "pshat"? I don't know.
I thought it's just not the "pshutei
shel mikra" that you're over lifnei iver
lo siteh michshol. But, the two cases
that Chazal always talked about, which
is number one, "eitzah she'eina agunas",
and number two, causing someone to do an
"aveira", right, that "b'reishis bara
Elokim eis hashamayim v'eis ha'aretz",
that for sure is a "lifnei iver
de'Oraisa". Right, we spoke at the
"Tzitzis Eliezer", the "Ba'al Meginnei
Shlomo", who said lifnei iver when you
"machshil" a "goy" because "Rabbenu
Yonah haGadol" was "shtei tumos" in
"Aggados haMechtavim" in the end of the
"sefer". So, within maybe it's only an
"issur d'Rabbanan" because they only get
"chaligein" "mitzvas ye'ush". Anyways,
but by a "Yisrael", for sure it's an
"issur d'Oraisa". No one ever said that
that's not an "issur d'Oraisa". And
that's also a "lav she'eish ba'maaseh".
So, you could "vada'i" do it with a
"maaseh".
So, what what's what's going on over
What's "tzamud haHinuch"?
And what's "tzamud haMinchas Chinuch"?
MINCHAS CHINUCH ALREADY went down this
road. He says, how could the Hinuch say
that it's a "lav she'ein ba'maaseh"?
There are cases where it's a "lav
she'eish ba'maaseh". Oh, "mahlokes",
there's no case. Why? Cuz the "pshutei
shel mikra" is not the real thing. What
about being "moshiach ko se al an ozer"?
At first glance, this "kasha" is
"apela". It's "apela" on the Minchas
Chinuch. And again, it brings back the
Minchas Chinuch's "kasha" on the Hinuch
itself. What's going on over here?
Right, what's "poshut pshat"? What's
going on in the Hinuch? So, "demeshes",
I want to get to one last "ara", but as
it relates to the Hinuch itself, this
seems to be a "gishmaki yishuv". Minchas
Chinuch "bam meretz" it, right? He
touches on it, doesn't love it, I
assume, but the "poshut hahalacha" seems
to be based on another Hinuch. And this
Hinuch is "mitzvas reish mem alef". The
Hinuch over there
is talking about the "lav" of "lo
sikka". Right, a Jew is not allowed to
take "nekama". So, what if he takes
"nekama"? Right, somebody hits you and
you hit him right back. Says [snorts]
the Hinuch, "aval ein lo ikken alav
zeh". You don't get malkos "lifnei
she'ein ba'maaseh" because it's a "lav
she'ein ba'maaseh". "The klal zeh yehei
b'yadcha" says the Hinuch. I'm going to
teach you a rule of thumb. "B'chol makom
she'ne'emar lav she'ein ba'maaseh, ein
lo ikken alav". Every time you find "lav
she'ein ba'maaseh" "ein lo ikken alav",
it's true, "af al pisha asah ba'shum
maaseh". Even if you did it with a
"maaseh", "ein lo ikken alav lifnei
she'ein still you're not going to get
malkos" "mikivan she'efshar la'avor al
ha'lav b'li maaseh". Says the Hinuch,
"Anytime a person is over a lav,
anytime a person is over a lav that you
could do without a "maaseh", even if
you're over the lav with a "maaseh",
you're still not going to get malkos"
"lifnei she'efshar la'avor al ha'lav
b'li maaseh". Says the Hinuch, "I'm
telling you a rule. Klal zeh yehei
b'yadcha". And then he says at the end,
"V'tizkor davar zeh b'chulah". Remember
this by all "mitzvos". "Ki davar barur
ein tzorich l'shanos b'makom acher". I'm
not even going to review it anywhere
else. So, I'm telling you a rule says
the Hinuch. Hinuch talking. That if you
do a "lav she'ein ba'maaseh", you don't
get malkos. If you do a "lav she'eish
ba'maaseh", you get malkos. What if I do
a "lav" that I could have done without a
"maaseh", but I now went ahead and I did
it with a "maaseh"? I'm still not going
to get malkos. The truth is this
b'li
is the exact opposite of the famous
where the
says that any love that a person can do
with a
even if he does it with Adam, I saw
you're going to get Malcus right the
truth is who do the
on the
but
goes all the way around but we in the
past we've tried reconciling this with
the you have to they're both
but we've tried but the bottom line is
this is the of the and the makes a big
deal about it.
Right again.
That if there's a love that you could do
on a
even if YOU DO IT WITH A
YOU'RE STILL NOT GOING TO GET MALCUS.
The love [snorts] of
you could do it on a so
You can MAYBE BE OVER THE
BUT YOU COULD DO IT ON A YOU COULD GIVE
SOMEONE A
AND YOU COULD DO IT ON A so this at
first glance would be the most obvious
seems to touch on it he doesn't love it.
Came and he said