Aggadata – Shabbos 31A – part 3

Okay I think we're holding at the bottom of ל"א ע"א. Amar Reish Lakish, mah de-ketiv: והיה אמונת עתיך חוסן ישועות חכמת ודעת. Emunas, zeh Seder Zeraim. How is Emunas an asmachta to Seder Zeraim? Rashi: על אמונת האדם סומך הנפש מאסיף וקובע. It seems like the Rashi seems to be reflecting what Rashi tells us in Gittin when the Gemara mentions the klal of עד אחד נאמן באיסורין. So the question is what's the makor in the Torah for עד אחד נאמן באיסורין? So Tosafot in Gittin, so Tosafot has a de'ah that it comes from ve-safra lah by the niddah, that she's ne'emanet to say by the zavah that there've been zayin neki'im. Rashi in Gittin says as follows: Rashi says:

שהרי האמינה תורה כל אחד ואחד מישראל על הפרשת תרומה ועל השחיטה ועל ניקור הגיד והחלב.

The simple reading of the Rashi is that it isn't an explicit pasuk in but rather that the impression which the Torah intentionally conveys, what the Torah is implying, is that it just doesn't seem at all realistic that everyone is going to have to have witnessed the shechita in order to eat, that everyone's going to have to have been present for the hafrashat terumot u-ma'asrot. Maybe it needs two eidim? No. So al kol panim, Rashi says that the עד אחד נאמן באיסורין is derived from the fact that implicitly the Torah believes everyone, and the first example he gives is al hafrashat terumah. That seems to be what's reflected in our Rashi here as well, when Rashi says that the hint, the asmachta for Seder Zeraim is she-al emunas ha-adam, meaning we would say ne'emanus ha-adam, סומך הנפש מאסיף וקובע. What does Tosafot say? אמונת זה סדר זרעים, mefaresh bi-Yerushalmi: שמאמין בחי העולמים וזורע. So what does the Yerushalmi mean? Every farmer is frum? Ein hachi nami, in order for a crop to succeed you need that it shouldn't be, that there shouldn't be a drought, rachmana litzlan, you need that the temperature shouldn't drop too low. Ein hachi nami, a person is very vulnerable, but right generally we interpret something as a reflection or expression of emuna if a person had an alternative. I mean, what's the alternative? The alternative is not to plant. You don't plant, u-vadai don't have food. You plant, maybe you'll have food. So what's the, how is that an expression of emunas? So itachen what the Yerushalmi means is like this: lav davka that no, every farmer when he engages in the act of planting is demonstrating emuna, but maybe what it means is like this: that when you think about it, the two, in general terms, the two processes where we sort of see a me-ein of creation, where we see recreation, you see it in planting, when you plant a seed and... It's an amazing, right? It's an amazing, amazing thing. You see it there and obviously you see it very remarkably with the yetziras havlad. So those are the, again, where Hakadosh Baruch Hu leaves in the natural world, again, a me'ein of the, you know, the stage of yesh me-ayish in beriyas ha-olam. So itachen what the Yerushalmi means is if a person reflects upon the planting. If a person sees it as again as a recreation, so then it's an expression of emuna. Va-emunat itecha, okay, so Seder Mo'ed mei-eit le-eit. Chosen Rashi says lashon yerushin ועל ידי אישה נולדו יורשין. The hagos ve-ziyunim suggest that nachla metargeminan achasona and that's what Rashi has in mind. Yeshuos is a remez and asmachta to Seder Nezikin. What does Rashi say? Seder Nezikin moshian. How so? מזהיר לפרוש מהיזק ומהתחייב ממון. So just two comments. First of all, so lichora you see reflected here, there is much discussion a little bit in the Rishonim and then more in the Acharonim that by nizkei mamon, so by nizkei mamon, so ve-chigach shor ish. Fine, so the Torah's mechayev tashlumim. And the shein ve-regel,

כי יבעיר איש שדה אחר, כי יפתח איש בור, או כי יכרה איש בור.

So the Torah's mechayev. The Torah's mechayev that nizkei mamon, there's also an issur or no, the Torah just says it's your responsibility. You should know if you're careless with your animal and shein ve-regel, you should know you're gonna have to pay shein ve-regel. So the pshutam shel devarim is that by nizkei mamon, it's not only a chiyuv mamon but it's an issur as well. Kama ve-kama ra-ayas to this, right? The famous Rabbeinu Yona at the beginning of Pirkei Avos that to be mafsid someone's mamon is included in the issur of gezeila. Ma lai that you're mafsid his mamon by va-yigzol es hachanis or ma lai that you out of lack of concern for mamon acheirim, so you let your shor cause the hefseid? Itachen that's one way. The Gemara in the beginning of Bava Kama says that toldos shabbos are ka-yotzei bahen, toldos tumah lav ka-yotzei bahen. What about the toldos of the avos nezikin? Is it toldos-eihen ka-yotzei bahen or lav ka-yotzei bahen? So according to some Rishonim, the Gemara doesn't really mean that as a bayah, it's more of a rhetorical setup to ultimately introduce the halacha l'Moshe m'Sinai of chatzi nezek tzaros. What? It doesn't really mean it. Rashi you don't get that impression. Rashi sounds like it was a bayah. And Rashi says that the tzad-ei ha-bayah are, is a tolda, are the toldos of the avos, are they ka-yotzei bahen le-shaleim or no? So the question is, so if you don't pay, so in what sense are they toldos? Let's say you would have a tolda of melacha on shabbos. And not only would you not bring a chatas, but it would be mutter, it would be so in what sense is mashkeh zera'im a tolda of zoreiya if... What would it mean to be a toldah if you don't pay? So some say it's a shtikel ukimta in Rashi that maybe what it means is do you pay as much? And when Rashi says leshalem, he means for toldos of shen v'regel, do you pay nezek shalem the way you do for shen v'regel and maybe you pay less? Or if you have a toldah of keren, maybe you would pay chatzi revia, revia nezek. In the lashon of Rashi it's a, it's a bit of an ukimta when you look at the lashon of Rashi. The simpler pshat within the lashon of Rashi again is what we're talking about, is that niskei mamon is not only does it generate a chiyuv mamon, but there's an issur, there's an issur to allow the shen v'regel to happen in the first place, above and beyond your chiyuv to pay. And therefore, it would have been meaningful even if toldos were not, even if there was no chiyuv mamon associated with toldos, it would have been very meaningful to say that, look, this is a toldah of bor, this is a toldah of shen v'regel. Okay, fine. So lechora that that's reflected here in the Rashi again, mazhir lefash mehezek, mistama the hezek doesn't just mean niskei adam b'behema, but even niskei behema, even when the nezek is caused by mamono shel adam. But then the question also is, so the pashtus is that each of these words again bederech asmachta should sort of be highlighting something which is a defining characteristic of that seder. So it's true that when you learn seder Nezikin, so you'll if you'll know and implement the dinim, so you'll know to be poresh mehezek and mehis'chayev mamon. And that's definitely going to stand you in good stead and if you learn seder Moed, so then you'll know hilchos Shabbos and hilchos Yom Tov and hilchos Chol HaMoed and that'll be a very good thing not to be mechallel Shabbos and be mechallel Yom Tov and be mevazeh Rachmana litzlan es hamo'ados and so on and so forth. So what does it mean? So in one of his ma'amarim the Rav quotes, I believe it's from Rav Saadia Gaon in Emunos VeDeos, that Rav Saadia Gaon says that I think, I think it's Rav Saadia Gaon who associates it with the psukim in the beginning of Yeshayahu that if a person is tainted with gezeilah, with issur mamon, so it's meakev in his tefillah being accepted. And that a person's hands are again are sullied with issurei gezeilah vechayotzei bahem, so then befaris'chem kapeichem is alam einai mikem. So then Hakadosh Baruch Hu does not turn to that tefillah. So in light of that, so then Rashi is saying very well, that the yeshuah comes, a person cries out to Hakadosh Baruch Hu for the yeshuah, but for the tefillah to be nishmas, for the tefillah to be accepted, he has to have clean hands, he has to be standing before Hakadosh Baruch Hu with clean hands. Okay, so yeshuos is seder Nezikin, chochmah is seder Kodashim, and da'as is seder Taharos. Rashi doesn't really explain what the allusion is by chochmah and da'as. So it could be as follows. In Ki Sisa on ואמלא אתו רוח אלהים בחכמה ובתבונה ובדעת so Rashi says chochmah is מה שאדם לומד מאחרים. It's not davar mitoch davar, it's more basic facts. Things which are more factual rather than... so keyadua of the shisha sedarim, so you have the most in Torah she'bichtav for Seder Kodashim and ein hachi nami, when a person, if you learn Daf Yomi for a few weeks in Zevachim and you learn Daf Yomi for a few weeks in Shabbos, you're gonna look up an awful lot more pesukim in the back. The part of the Mikraos is gonna be thicker in the Oz Vehadar in Zevachim than it is in the other masechtos. It's much more built on drashos and that has a much more prominent place. Agav the whole Maseches Shabbos, yet on the maiseh how many pesukim you have in the Chumash? That's what the Mishna says: ka-hararim hatluim bi-sa'arah. How many pesukim do you have in Chumash and you have a whole Maseches Shabbos? How many in terms of all the inyanim be-klal in the other sedarim is eino domeh. Again, the proportion between Torah she'bichtav and Torah she'ba'al peh that you have in Seder Kodashim to what you have in the other sedarim. And maybe that's what it means that it's chochma, again in the sense of it's not so much the davar mitoch davar when you have less in Torah she'bichtav, then it's more of a... here no, it's chochma. It's more factual in the sense that the drashos telling you the dinim occupies a more prominent place in Seder Kodashim than it does in the other sedarim. What does it mean that da'as, again, somehow there's an allusion to something characteristic of Seder Taharos here? So maybe as follows. Davar barur ve-galuy, this is the last halacha in Hilchos Mikvaos in the Rambam.

דבר ברור וגלוי שהטומאות והטהרות גזירת הכתוב הן ואינן מדברים שדעתו של אדם מחייבתן והרי הן מכלל החוקים וכן הטבילה מן הטומאות מכלל החוקים הוא שאין הטומאה טיט או צואה שתעבור במים אלא גזירת הכתוב היא.

So when you think about it, even more than the concept of something being assur, the concept of something being tamei is a totally spiritual reality. And I'm not sure if you have to introduce this, but it's certainly easier to at least initially relate to the idea if you go with the mahalach in the Rishonim that Issurei Torah are issurei gavra. So the fact that something is assur isn't so much a spiritual reality; the Torah said don't eat it, the Torah said don't eat it. Tuma is certainly the davar be-atzmuso is tamei. So what is the tuma? It's nothing... that's what the Rambam says, it's not the... It's not tit or tzoa. It's a spiritual reality, a spiritual reality that inheres, that exists within within the physical. And and Seder Taharos is that more than than the other than the other sforim. So the sforim explain that the Da'as, one of the meanings of Da'as is that it represents chibbur, that bringing knowledge to bear, that it represents, it represents chibbur. I think they give a moshal, I think it's I think it's from Rav Hutner, that what does it mean that someone's a bar da'as? Again, da'as in this sense, someone who goes into a beis avel Rachmana litzlan and he's singing מצוה גדולה להיות בשמחה תמיד. So is it true? Yeah, it's true, it's a gvaldig chochma to to you know to know that, and but to be a bar da'as means to be able to be mechaber, to be mischaber el hametzius and the person who's who's humming this, who's singing this on on his way into into the beis avel is menutak min hametzius, not mechubar el hametzius. So Seder Taharos yitachen that that the remez, the the asmachta Seder Taharos is Seder Taharos again represents this this chibbur of the spiritual and the physical more than anything because again, tumah is something that inheres, right? It's what's tamei is matamei, it it imparts tumah. It's that the let's say we had recently in conjunction what we're learning in Perek Keiris, so the sugya about the issur of being matbil keilim tmeim on on Shabbos and Yom Tov. So the Gemara there says כלי שנטמא באב הטומאה אין מטבילין אותו ביום טוב, but כלי שנטמא בוולד הטומאה מטבילין אותו ביום טוב. So Rashi says if it was נטמא באב הטומאה, so then it's tamei min haTorah, right? Because the rule is that mide'oraisa adam v'keilim can only be mikabel tumah from an av hatumah, that mide'oraisa adam v'keilim can only become a rishon l'tumah, so they can't they only receive tumah from an av hatumah. But a rishon l'tumah cannot mide'oraisa impart tumah to adam v'keilim. So כיון דטמי מן התורה הוי ליה כמתקן. If it only became tamei miderabbanan because vlad hatumah אין כאן תיקון דמדאורייתא טהורה עלהו. So some of the achronim say pshat that the din tumah d'oraisa again inheres in the kli so it's havay lei kimsaken. The din tumah d'rabbanan is a din so it's not you can't say that's havay lei kimsaken. Okay, lavka d'milsa. But either way yitachen that that's sort of the uniqueness of dinei tumah v'taharah, again it represents this chibbur of a spiritual reality associated with the physical. What does it mean ואפילו הכי יראת השם היא אוצרו? Rashi here:

היא אוצרו הוא עיקר החשוב בעיניו לאצור ולעשות סגולה לזכרון.

That in order to retain the divrei Torah, so a person has to have it's not just a function of hazara, it's not as well, but a person has to have has to have yiras shamayim. But what's the lashon afilo hachi? So afillu hachi sounds like a contrast, so we haven't touched upon this yet, no? What's the afillu hachi? It should have said ויראת ה' היא אוצרו. What's the afillu hachi? So it yitachen in two ways. I think the second one is more pshat than the first one, but I think the first one is also true. So until this point what have we said? We've described a seder, right? A seder of learning of זרעים מועד נשים וכולו. So that also, the emes is, learning with a seder also contributes to retention, learning with a seder. And that's what the gemara is saying, afillu hachi, even if a person again learns with a seder, he follows the seder. Afillu hachi you should know that that doesn't substitute for yiras shamayim. The other pshat is that in the asmachta here, so the chochma v'daas, there's really a double association with chochma v'daas. The chochma v'daas is on the one hand, chochma v'daas on the one hand again is an allusion to the two individual sedarim of Seder Kodashim and Seder Taharos. But chochma v'daas is also the attainment of the whole pasuk, right? והיה אמונת עתיך חסן ישועות חכמת ודעת, meaning the attainment through learning is that a person will have chochma v'daas. So the chochma v'daas is not only again an allusion to the individual sedarim of Kodashim and Taharos, but it's also that this is the attainment. This is what a person will walk away with. Oh, va'afillu hachi a person can invest the time and a person can work his way through Shas, but afillu hachi the attainment of the chochma v'daas, of attaining and retaining it will only be afillu hachi if יראת ה' היא אוצרו. The pshuto shel devarim obviously is that the pasuk is intended as an asmachta, that Rebbi decided upon the seder of the shisha sedarim, and Reish Lakish gives us an asmachta for that seder. And it's clear that that's how the Rambam, the Meiri would tell us pshat in the gemara. Because the Rambam in the hakdama l'perush hamishnayos suggests what Rabbeinu Hakadosh's thinking was in arranging the shisha sedarim as he did. He says he wanted to begin with Seder Zeraim because he wanted to begin with Hilchos Brachos. If a person doesn't eat, so he's not going to live, he's not going to learn, he's not going to do anything. So he wanted to begin with Seder Zeraim. And after Seder Zeraim he has Moed because in Parshas Mishpatim the Torah has the hemshech hapsukim from Zeraim to shmiras Shabbos. And that's how he segues from Zeraim to Moed, and the Rambam explains what Rabbeinu Hakadosh's svara was. Again, nothing to do with the pasuk, the pasuk is an asmachta after the fact. Rabbeinu Hakadosh misvara denafshei arranged the seder of zman nakat, Reish Lakish is giving us a svara. The Meiri raises the possibility that there isn't a reason for the seder of the shisha sedarim. He says it's possible that it was al derech mikreh. It's possible that there wasn't really any compelling arrangement that suggested itself to Rabbeinu Hakadosh as to what the seder should be of the shisha sedarim and that maybe it was al derech mikreh.

אומנם הסדרים זרעים מועד נשים נזיקין קדשים טהרות כמו שדרשו ז"ל בפסוק והיה אמונת עתיך.

l'be'ur ha-mishnah, im lesiba acheret. Gives you three possibilities. He says maybe there isn't. That maybe... maybe Rabbeinu Hakadosh didn't really see any compelling case, you have to do something, so he arranged it, he arranged it this way. Maybe it's the Rambam's reason, maybe there's another reason, maybe there's another reason. What's interesting is to have to understand there is a Tosfot Yeshanim at the beginning of Yevamot. Tosfot Yeshanim is dealing with the question why Seder Nashim begins with Yevamot which is pur'anut. That the rachmana litzlan a man dies childless is a pur'anut.

יש מקשים אמאי מתחיל סדר נשים ביבמות דהוא התחלת פורענותא למאי מתחלינן? ואדרבה היה לנו להתחיל קידושין וכתובות ואחר כך גיטין ואחר כך יבמות. ונראה משום דכתיב והיה אמונת עתיך חוסן ישועות ואמרו עתיך זה סדר מועד חוסן זה סדר נשים ואם כן סדר נשים הוא בתר סדר מועד דמסיימי במסכת מועד קטן דהוי פורענותא לכך התחיל סדר נשים במסכת יבמות וסמך פורענותא לפורענותא כדאמרינן פרק השותפין.

Again,

ונראה משום דכתיב והיה אמונת עתיך חוסן ישועות ואמרו עתיך זה סדר מועד חוסן זה סדר נשים ואם כן סדר נשים הוא בתר סדר מועד דמסיימי במסכת מועד קטן דהוי פורענותא לכך התחיל סדר נשים במסכת יבמות.

Right? So his answer is that hayos that Seder Nashim comes after Seder Mo'ed and that Seder Mo'ed ends with Mo'ed Katan, so then mimmela there's an inyan of being somech pur'anut l'pur'anut and that overrides the התחלת פורענותא לא מתחלינן. That's his inyan. But the way he says it, the impression you get, what did he need to... I mean, that that's the seder, he should have said bekitzur, lefi she-sidder Rebbi, lefi she-ra'ah Rebbi לסדר סדר נשים אחר סדר מועד. What does he need our gemara for? He quotes our gemara and he says ואם כן סדר נשים הוא בתר סדר מועד. The impression you get in the Tosfot Yeshanim is that this isn't an ex post facto asmachta for the seder that either al derech mikreh or misvara denafshei that Rabbeinu Hakadosh arranged, but that there is again, either it's an asmachta for some tradition he has or there's some... or he felt cued by the pasuk. A gevaldigue chidush that that's what our gemara means. But that is the mashma'ut in Tosfot Yeshanim. Question is, what would that mean though? What would that possibly mean? For the following fact. Let's see the Meiri in the same hakdama here, so after he tells you what the Seder Ha-masechtot is, so then he tells you... wait a minute. Wait a minute.

סידור הגמרא סתם אשר הוקדם בלימודם נשתנה בכולם על הרוב.

So earlier he mentioned that we only learn Moed, Nashim, Nezikin, incorporating Brachos and Chullin into Moed, and Niddah into Nashim. And otherwise Zeraim, Kodshim, and Taharos, not too many people learn. אחד בעיר שנים במשפחה the Meiri writes. And otherwise we learn, we learn Moed, Nashim, Nezikin. Now he says, following up on that, he says another thing is

אבל סידור הגמרא סתם אשר הוקדם בלימודם נשתנה בכולם על הרוב.

We don't learn even within these Sedorim, we don't learn in the order that Rebbe was mesader the Masechtos within these Sedorim of Moed, Nashim, Nezikin. He says for instance והיה הסידור בסדר מועד the way we learn Seder Moed, again with Brachos and Chullin appended, Brachos, Taanis, Megilla, Chagiga, Yom Tov meaning Beiza, Moed Katan, Rosh Hashana, Yoma, Sukkah, Pesachim, Shekalim, Shabbos, Eruvin and Chullin. And then Beseder Nashim is Kiddushin, Kesubos, Gittin, Yevamos, Sotah, Nazir, Nedarim, Niddah. And then Nezikin is Sanhedrin, Makkos, Shevuos, Avodah Zarah, Horayos, Avos, Eduyos, tlasa Bava. Sach kulan the number of Masechtos that we learn is lamed-beis, סימן להם בלב נבון תנוח חכמה. So what's pshat in that? What's pshat that there's a different Seder? So Rabbeinu HaKadosh gave a Seder but we have our Seder. What does that mean? So l'chora what you see is the following. You see that what the Rishonim understood is that Rabbeinu HaKadosh never intended that his Seder was normative, that his Seder was mechayev, but just that there should be a Seder, that when you learn it shouldn't be haphazard, it shouldn't be random. That there should be a Seder, but lav davka. And Rabbeinu HaKadosh was giving a Seder, but not with a klap and saying that this is על דרך פסק הלכה, that this is the Seder. No, there has to be a Seder, there should be Seder, this is a Seder, but it's not mechayev. L'mayseh you find the same thing, you find the same thing the Radak writes, that Chazal tell us sidran shel Nevi'im, in Gemara Bava Basra tells us sidran shel Nevi'im, and the Radak says since we don't learn them in that order, we learn them in a different order. Same thing, that we have a Seder. Chazal say this is the Seder, but our Bible requirements so we do things differently, we learn in a different Seder. There too, because apparently the Rishonim understood that Chazal weren't dictating that this is the mandatory Seder, they were saying things there has to be a seder halimmud, there has to be a seder halimmud, it shouldn't be random, it shouldn't be haphazard. So that would make it all the more difficult to understand, so what does it mean that Rabbeinu HaKadosh again isn't giving the Seder misvara denafshai, but there's some cue in the pasuk or there's some tradition what the Seder should be, when the Seder is not really a Seder that's mandatory anyway? It makes it even harder to understand what that Tosafos Yeshanim means, unless to say the Tosafos Yeshanim would disagree with this and in their Yeshiva they did like in Volozhin, they learned from Brachos through Uktsin. The other thing that's strange about what does it mean in the Tosafos Yeshanim is that b'khlal whatever your Seder pshat is, so as the Rambam explains in the very beginning of Hakdama l'Peirush HaMishnayos, it's not the original way Torah Sheba'al Peh was learned, that originally Torah Sheba'al Peh was learned על סדר תורה שבכתב. You learn Torah Shebichsav and you had all the drashas of the Torah Sheba'al Peh as you learned the relevant pasuk in Torah Sheba'al Peh. The organization, whatever the organization is, whether it's Sanhedrin first or whether it's Bava... Neither of those was the original tzuras halimud which also, again, it doesn't preclude what the Tosfos Yeshanim is saying but it makes it more difficult to get a handle on. So lechorah what you have to say in the Tosfos Yeshanim is again that yes there is again some again either cue in the pasuk or some tradition the significance of which is not that this has to be your seder halimud but the significance of which is apparently there's something to be learned there's a message there's a limud in the in this sequence of זרעים מועד נשים נזיקין קדשים טהרות. There's a limud there there's something to be learned and that's what what the Tosfos Yeshanim's pasuk what his remez our Gemara is coming to impart that limud not that it's coming to establish a halachah of that this has to be the sequence of limud. Mimeila once you say like that so then you understand the the minhag in you know in in recent times you know that yeshivos have a cycle and the cycle doesn't correspond either in terms of masechtos to the seder masechtos in Shas nor for that matter does it necessarily correspond in terms of the prakim. So the question is so how do you how do we diverge from from the seder Rabbeinu HaKadosh? So you see no you already see the Rishonim said that that that the seder Rabbeinu HaKadosh is not a din. The din is that there should be a seder it shouldn't be random shouldn't be haphazard but the seder keshelatzmo that particular seder was never intended and therefore never nikba as as a din. Amar Rava בשעה שמכניסים אדם לדין.