Neder like a Bamah

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The Sefas Emes and Noam Elimelech teach us that the word neder, vow is related to the word dira, dwelling. What does an oath have to do with a dwelling?

Reb Chaim from Divrei Chaim cites the Shem m’Shmuel who questions the entire essence of nedarim: How is it that a person has the power through his verbal declaration to create prohibitions (in the case of nidrei bituei) and create a status of hekdesh (nidrei hekdesh)? This power goes so far that the Gemora is uncertain whether the object of a neder is subject to the laws of me’ilah for violating a neder!

He suggests the following: In essence no new kedushah is being created. The concept of neder is a recognition that beyond what meets the eye, there is a level of kedushah already inherent in the reality around us - the Shechinah already dwells immanently in the world.

Sefas Emes notes that the first person in the Torah to take a neder is Yaakov Avinu. While the other Avos revealed Hashem’s presence as similar to a mountain or a field, Chazal tell us that Yaakov revealed Hashem’s presence as the bayis, a dwelling. Chazal tell us that taking a neder is like building a bamah, an altar used outside the Mikdash. Hashem metaphorically “dwells” in the Bais haMikdash – to create a sanctified space for him - outside those confines is a task fraught with challenge.

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An Idolatrous Name

Rav Yehudah said in the name of Shmuel (Daf Yomi: Gittin 34b): The Jews from abroad sent to Rabban Gamliel the following inquiry: If a man comes here from Eretz Yisroel whose true name is Yosef, but who is known here as Yochanan, or whose name is Yochanan, but who is known here as Yosef, how can he divorce his wife? Rabban Gamliel thereupon stood up and decreed that they should write in the get, “This man So-and-so or by whatever names he is known,” “This woman So-and-so or by whatever names she is known,” in order to benefit the public.

They asked Rabbeinu Tam regarding a Jew who worships idols and he divorced his wife with a get which had only his Jewish name written on it, and not his idolatrous name. What is the status of such a get?

He answered: Heaven forbid to even mention an idolatrous name on a get which is written according to the law of Moshe and all of Israel!

The Ra”dach in his response explains that his idolatrous name is not regarded as his name at all, and if that would be the only name written on the get, it would be as if the get would be written without the name of the divorcing husband.

However, Reb Yosef Engel notes that from the language of Rabbeinu Tam, it would seem that there is a different explanation. It is on account of the sanctity of the get that his idolatrous name cannot be written.

And the Rad”vaz in his response writes like that as well. He says that any holy scroll, such as a Sefer Torah, Tefillin, or Mezuzah, where there lies an obligation that it should be written lishmah, and also a get has sanctity, for it is also has a requirement to be written lishmah.

He concludes that the matzah which is being baked to be eaten on Pesach night also possesses sanctity, for it is required to be baked lishmah.

It is possible that this could explain the custom of many righteous people to kiss the matzah before they eat it on the night of the seder.

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Name of Hashem Written without the Proper Intent

A braisa (Daf Yomi: Gittin 20a) was taught: A scribe was supposed to write the Name of Hashem in a Sefer Torah, and instead intended to write the name Yehudah. [The name Yehudah is similar to the letters in the Name of Hashem, except that the word Yehudah has a letter “dalet” between the “vav” and the “hey.”] He forgot to insert the “dalet” and ended up writing the Name of Hashem but without the required intention necessary to write the Holy Name. Rabbi Yehudah posits that the scribe can pass his quill over the Name of Hashem and have the proper intention of writing the Name. The Chachamim disagree, claiming that this is not the best way to write the Name of Hashem (and the Sefer Torah is subsequently invalid).

The Rishonim ask: According to Rav Chisda, who holds that the Chachamim maintain that the Sefer Torah is disqualified, why does he use the term that it is not the best way to write the Name of Hashem? This would indicate that the writing is good, but it is not written in the most preferable method! Why didn’t he say that the new writing does not accomplish anything?

The Rashba answers that they actually hold that the tracing over of the word is not regarded as an act of writing at all and the Sefer Torah is disqualified. They only used that term to discuss Rabbi Yehudah’s opinion.

The Pnei Yehoshua suggests a novel approach to explain the Chachamim’s terminology: Although the Chachamim maintain that the Sefer Torah is disqualified, they nevertheless hold that the Name of Hashem retains its sanctity and is forbidden to be erased. He proves that the Name of Hashem, although it wasn’t written with the correct intention, cannot be erased. This is why the Chachamim say that it is not the best way to write the Name of Hashem.

The Tashbatz, however, proves from our sugya that it is permitted to erase the Name of Hashem when it is written without the correct intention.

The Gemora in Yoma (38a) states that Ben Kamtzar had a unique talent that he was able to write four letters with one hand at the same time and he did not teach this talent to anyone else. The Gemora says that this was considered a shame and due to this, he was referred to as an evil person. What were the Chachamim concerned about? Rashi comments that this was referring to the Name of Hashem which has four letters.

The Tosfos Yom Tov explains that there is an advantage for the Name of Hashem to be written at one time, so that His Name should not be missing for a moment.

The Minchas Chinuch has a novel approach and says that if one writes the first two letters of the Name of Hashem which is the “yud” and the “hey,” that itself is one of the Name’s of Hashem, and by subsequently writing the third letter, the “vav,” it constitutes erasing Hashem’s Name. Ben Kamtzar was able to avoid with his special skill.

The Emek Brocha asks that if the Name of Hashem is written without proper intent, there is no prohibition to erase it, so why should there be a prohibition here when the scribe did not intend to write the ‘two letter’ Name of Hashem, but rather His ‘four letter’ Name?

According to the Pnei Yehoshua, this is not a question, for this, in fact, a prohibition to erase the Name of Hashem, even when it is written without the proper intent!

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Hidden Away

The Mishna (Daf Yomi: Sotah 20a) had stated: If before the scroll has been erased she said: “I will not drink,” her scroll is hidden away and her minchah offering is scattered on the ashes.

Rashi learns that they are hidden away at the sides of the Sanctuary, for all sacred writings which cannot be used any longer are hidden away in a place that they will not be treated with disrespect.

In the sefer Torah Haohel, he asks, why did the sotah scroll have to be hidden away? Couldn’t they have given it to a child in order for him to learn the portion in the Torah dealing with the sotah?

He answers that since it was written with sanctity, and it contains the Name of Hashem, they were concerned that the children will not treat the scroll with the proper respect, and therefore it was required to be hidden away.

Furthermore, he says that it would be degrading for the woman, for everyone would say that this is the scroll that was prepared for So-and-So the sotah.

Tosfos cites a Yerushalmi (and some understand that this is what Rashi means as well) that the scroll is hidden away in the hinges of the Sanctuary door. The opening and closing of the door will cause that it will be worn away.

The Minchas Kenaos asks: How would it be permitted to erase Hashem’s Name by opening and closing the door? The Gemora Makkos (22a) rules that one who erases Hashem’s Name receives lashes! Since the opening and closing of the door will certainly result in the erasure of His Name, it should be regarded as a “direct erasing,” and should be forbidden!

The Ridvaz answers: Since the Name of Hashem was written on this scroll with the intention that it will be erased (in the bitter waters), there is no prohibition to erase this Name. It is not regarded as a permanent inscription, and therefore it would be permitted to erase it.

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Kohen’s Sanctity based upon his Service

The Gemora (Daf Yomi: Nazir 49) answers: Both words are necessary. For if the Torah would have only written for his father (that the nazir may not become tamei to), we would have thought that it is only the father that he cannot become tamei to for there is merely a presumption of paternity (for perhaps his mother committed adultery), but regarding his mother, whom we know gave birth to him, he could become tamei to her (the Torah therefore has to write “his mother” to teach us that he cannot become tamei to her). And if the Torah would have only written for his mother (that the nazir may not become tamei to), we would have thought that it is only the mother that he cannot become tamei to for her children’s lineage is not reckoned through her, but regarding his father, where the halacha is that family is determined by the father, he could become tamei to him (the Torah therefore has to write “his father” to teach us that he cannot become tamei to him).

The following question is asked: Why is the fact that we cannot prove for certain that the Kohen Gadol’s father is truly his father grounds to suggest that the Kohen Gadol may not become tamei to his father? If his father is not his actual father, for that very reason he should be permitted to become tamei to him! If the deceased man (a Kohen) is not his father, the Kohen Gadol is in all probability a Yisroel! Why would we think that he cannot become tamei to him, for he might not be his father? That is precisely the reason why he should be able to become tamei to him!

The Rashba ask a similar question on the Toras Kohanim (Parshas Emor). The verse states that an ordinary Kohen is permitted to become tamei to his father and mother. The Toras Kohanim notes that had the verse said only that he may become tamei to his mother, we might have thought that he would be forbidden to become tamei to his father, because his father is only his father based upon a presumption. He asks that the possibility that the man is not his father should not be a reason to forbid him from becoming tamei to him. On the contrary, it is precisely the reason to permit him to become tamei to him, because if this man is not his father, he is not a Kohen altogether!

The Chasam Sofer (based on Rishonim) explains it as follows: We are dealing with a case where this man was presumed to be a Kohen. He performed the service in the Beis Hamikdosh for many years. When his father dies, if not for the fact that the Torah explicitly permits him to become tamei to him, it would be forbidden. Even though on the chance that the deceased is not his father, he would be a Yisroel, he still would be forbidden to become tamei to him. This is because the verse states: You shall sanctify him, for he offers up the food offering of your God. Since he was allowed to perform the service in the Beis Hamikdosh (based on the presumption that he is indeed a Kohen), he is forbidden to contaminate himself with corpse tumah, even if he is a Yisroel. His sanctity comes about because of his service. This would be the explanation in our Gemora as well.

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Post # 1,500!!! Reciting Korbanos in the Morning and the Reason for the Nazir's Chatas

Shulchan Aruch (O”C 1:5) rules that it is beneficial to recite every morning the portions in the Torah dealing with the korban olah, mincha, shelamim, chatas and asham.

The Magen Avraham asks: Shouldn’t the chatas be mentioned before the olah, since the chatas always takes precedence?

The Chidah offers the following answer: The Gemora in Menachos (110a) states that whoever recites the portion in the Torah discussing the korban chatas is recognized as if he offered a chatas on the Altar. This, he explains, is only applicable to the portions of the korban which are burned on the Altar; however, with respect to the portion that is given to the Kohanim, and that which they eat which provides atonement for the owner, the recital of the relevant verses does not help for this. Therefore, he says, that which our Gemora said that a chatas takes precedence over an olah, that is only with respect to the sacrifice; however, with respect to the recital of the korbanos, it is preferable to recite the olah portion prior to the portion dealing with the chatas. When one recites the verses of the chatas, he only receives credit for the portion that was to be brought on the Altar, but he does not receive credit for the portion of the korban which was to be eaten by the Kohanim; however, with the recital of the olah verses, it is regarded as if he offered the entire korban, for an olah is completely burned on the Altar. This is the reason that the olah is recited before the chatas.

The Nazir’s Chatas

The nazir brings three animals; a chatas, olah and a shelamim.

It is not explained why a nazir brings a korban chatas. The Ramban writes that it is for the following reason: A nazir separates himself to serve Hashem in a manner of extreme sanctity. It is only fitting, that after he has reached such a high level, he should strive to remain on that level for the remainder of his life. Since he concluded his nezirus and he reverted back to the desires of this world, he is required to offer a korban chatas to atone for this reversal.

The Meshech Chochmah writes that the accepting of nezirus upon oneself results in the forfeiture of many mitzvos, such as involving himself with the burial of his close relatives, reciting kiddush over wine and making havdalah. Although, a nazir accomplishes much in his abstainment and he is considered praiseworthy for this, he nevertheless is required to bring a korban chatas to atone for the mitzvos that he has lost.

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Path to Sanctity

The Gemora states: Whoever betroths a woman in Jewish marriage, betroths her subject to the will of the Rabbis.

The baalei mussar say: One who wants to sanctify and purify himself in his service to his Creator, should do so subject to the will of the Rabbis. He should go to the Rabbis and the righteous people of his generation, and they shall guide him in his quest. One who tries to forge a path himself is apt to stumble and make mistakes; nothing substantive will result from it.

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