Monday, February 28, 2022

When you don’t need the proper intention TB Haggigah 19

Starting with the second half of yesterday’s daf TB Haggigah 18b until the end of the massekhet, we shall be learning all about ritual readiness (taharah- טהרה) and ritual unreadiness (tumah-טומאה). Today’s daf TB Hagigah 19 proves that a person does not needs the proper intention (כוונה-kavanah) to become ritually ready when he washes his hands ritually (netilat yadayim-נטילת ידים) in order to eat non-sanctified food.

To understand the proof, a little background information about how food can become ritually unready (טמא) is needed. Moses Maimonides writes in the first chapter of Tumat Okhlin:

“1. All foods that are designated for human consumption, e.g., bread, meat, grapes, olives, and the like, are susceptible to ritual impurity. All foods that are not designated for human consumption are pure and are not susceptible to ritual impurity unless one had a specific intent and set them aside for human consumption. No foods are susceptible to ritual impurity unless it was first dampened with one of the seven liquids. This dampening is referred to as hechsher. These concepts are derived from Leviticus 11:38 which states: "When water will be placed on a seed...."

“2. These are the seven liquids that make foods susceptible to impurity: water, dew, oil, wine, milk, blood, and honey.” (https://www.chabad.org/library/article_cdo/aid/1525374/jewish/Tumat-Okhalin-Chapter-1.htm)

This is the proof that one does not need kavanah while washing his hands before eating non-sanctified food. “Rather, the proof that the purification with regard to non-sacred produce does not require intention is from that which we learned in a mishna (Makhshirin 4:7): In the verse that is referring to the preconditions required for fruit and seeds to be susceptible to ritual impurity, it is stated: “If water be put on seeds, and any of their carcasses fall there, it shall be impure to you” (Leviticus 11:38). If fruit fell into a water channel, and one whose hands were ritually impure extended his hands and lifted them up with the goal of removing them from the water channel, his hands are ritually pure, as he has purified them by inserting them into the water channel, and these fruits are not included in the category of “if water be put on seeds.” The verse is referring only to fruit that has intentionally been brought into contact with water. Since the fruit in this case was not intentionally made wet, it cannot as yet contract impurity.

And if he put his hands into the water channel in order to wash his hands, his hands are ritually pure, and the fruit is included in the category of “if water be put on seeds.” Since he intended to wet his hands, the contact of the fruit with this water renders them susceptible to ritual impurity. In any case, the mishna teaches that his hands are ritually pure in either situation, indicating that no special intention is required for purification.” (Sefaria.org translation)

At one time in our history Jews known as khaverim (חברים) were very concerned about being in a state of ritual readiness when eating. Today we are not concerned keeping these laws. Nevertheless, we still have the custom a washing our hands ritually (netilat yadayim-נטילת ידים) before we eat bread with the customary blessing of motzi. I guess is good to know that we are good to go and enjoy our bread even if we do not wash our hands ritually with any kavanah.

  

Sunday, February 27, 2022

It aint necessarily so TB Haggigah 18

Are the 39 categories of work (malakha-מלאכה) forbidden on the intermediary days of the holidays banned by the Torah (deoraita-דאורייתא) or proscribed by the rabbis (derabbanan-דרבנן)? If you only studied today's daf TB Haggiga 18 one would come to the conclusion that we are forbidden by the Torah to do any type of work during the intermediary days of the holiday. The Gemara brings five different proofs demonstrating that work is forbidden by the Torah on the intermediary days of the holiday. The following five quotes are from Sefaria.org translation.

1. “The Gemara proceeds to ask: From where are these matters derived; what is the biblical source for this prohibition? As the Sages taught: “You shall observe the festival of Passover seven days” (Exodus 23:15). This teaches that the performance of labor is prohibited during the intermediate Festival days, as “observe” denotes a negative commandment; this is the statement of Rabbi Yoshiyya. Rabbi Yonatan says: This proof is not necessary, as it does not accord with the straightforward meaning of the verse. Rather, it is learned from an a fortiori inference, as follows: If the performance of labor on the first and seventh days of Passover, which are not preceded and followed by sanctity as the days before the first day and after the seventh day are weekdays, is nevertheless prohibited, is it not right that on the days of the intermediate Festival days, which are preceded and followed by sanctity, i.e., the first and last days of the Festival, the performance of labor should be prohibited?

2. “The Gemara proceeds to ask: From where are these matters derived; what is the biblical source for this prohibition? As the Sages taught: “You shall observe the festival of Passover seven days” (Exodus 23:15). This teaches that the performance of labor is prohibited during the intermediate Festival days, as “observe” denotes a negative commandment; this is the statement of Rabbi Yoshiyya. Rabbi Yonatan says: This proof is not necessary, as it does not accord with the straightforward meaning of the verse. Rather, it is learned from an a fortiori inference, as follows: If the performance of labor on the first and seventh days of Passover, which are not preceded and followed by sanctity as the days before the first day and after the seventh day are weekdays, is nevertheless prohibited, is it not right that on the days of the intermediate Festival days, which are preceded and followed by sanctity, i.e., the first and last days of the Festival, the performance of labor should be prohibited?"

3. “Rabbi Akiva says: This is not necessary, since it is stated earlier in that chapter: “These are the appointed Festivals of the Lord, holy convocations, which you shall proclaim in their appointed season” (Leviticus 23:4). With regard to what is the verse speaking? If it is referring to the first day of the Festival, it has already explicitly stated “a solemn rest” (Leviticus 23:39) with regard to that day; if it is referring to the seventh, it has already stated “a solemn rest” (Leviticus 23:39) with regard to that day as well. Therefore, the verse can be speaking only of the intermediate Festival days, teaching you that the performance of labor is prohibited on them.

4. “It is taught in another baraita: The verse states: “Six days you shall eat unleavened bread, and on the seventh day there shall be a solemn assembly for the Lord your God; on it, you shall do no work” (Deuteronomy 16:8). If so, just as the seventh day of the Festival is precluded from the performance of labor, so are the six intermediate Festival days precluded, since the word “and” in the phrase “and on the seventh day” connects it to the previous days. If so, perhaps: Just as the seventh day is precluded from the performance of all labor, so too the six intermediate days are precluded from the performance of all labor, even those whose performance prevents irretrievable loss.”

5. Melakha is forbidden on the intermediary days of the holiday; however, the Torah gives the rabbis the power to to decide how to apply is Torah law ."The verse therefore states: “And on the seventh day there shall be a solemn assembly,” literally, pause. This indicates that the seventh day alone is precluded from the performance of all labor, but the other six days are not precluded from the performance of all labor but only from certain forms of work. Since the Bible does not specify which types of work are prohibited, the verse has therefore entrusted the matter to the Sages exclusively, to tell you on which day work is prohibited and on which day it is permitted, and similarly which labor is prohibited and which labor is permitted."

Tosefot ד"ה חוּלּוֹ שֶׁל מוֹעֵד אסור בעשיית מלאכה objects to the idea that malakha is forbidden deoraita on the intermediary days of the holiday. Tosefot writes that at first glance one would come to this original conclusion based on the Gemara TB Moed Katan 11b "It is not necessary, and he is teaching two separate halakhot, one about mourning and the other about the Festival: It is not necessary to state that during the days of his mourning, when the prohibition against labor is rabbinic, it is permitted to perform labor that, if delayed, could cause serious loss; but even on the intermediate days of the Festival, when the prohibition against performing labor is by Torah law…" (Sefaria.org translation) Rashi also explained there that work on the intermediary days is forbidden by the Torah.

Nevertheless, Tosefot continues and cites Rebbeinu Tam's problem with this interpretation. If working on the intermediary days is forbidden by the Torah how could one say that one is allowed to do the forbidden malakha in case of excessive loss along with other melakhot mentioned there. We never find in the Torah a prohibition that part of it is forbidden and part of it is permitted?! It is a very long tosefot cites other sugiyot to prove their point. All the verses cited as proof are only asamakhtot, supports, that the rabbis used to bolster their Rabbinic decision.

The Rishonim are divided whether melakha is forbidden deoraita or derabbanan.I feel that melakha is forbidden derabbanan, for two reasons. First of all, if melakha is clearly forbidden deoraita the sages on our daf would not need to bring so many proof texts. Secondly, I find Rebbein Tam's logic persuasive.

Does Shavuot have makeup days? TB Haggigah 17

At least when my children were young and watched Sesame Street, one of the segments was called "one of these things is not like the other." The viewers had to point out the one that was different and see if they were correct. We can play that game concerning the three pilgrimage holidays, Passover, Shavuot, and Sukkot. Shavuot is the holiday that is different. Both Passover and Sukkot are celebrated for seven days while Shavuot is only a one day holiday. If a person failed to bring his special holiday sacrifices on the first day of Passover and Sukkot for any valid reason, he could bring those holiday sacrifices on any of the day of the rest of the holiday. These 6 days are called in Hebrew tashlumin (תַּשְׁלוּמִין ), makeup days where one can redress the lack of bringing the holiday sacrifices. Does Shavuot have tashlumin or not since it does not have any intermediary days like Passover and Sukkot? Daf TB Haggigah 17 proves conclusively even though Shavuot is a one day holiday it too has six days of redress just like the other two pilgrimage holidays.

GEMARA: Rabbi Elazar said that Rabbi Oshaya said: From where is it derived that the Shavuot offerings can be redressed, i.e., that the obligatory Festival offerings can be sacrificed all seven days following the Festival? As it is stated: “Three times a year all your males shall appear…on the festival of Passover, and on the festival of Shavuot, and on the festival of Sukkot (Deuteronomy 16:16). The verse compares the festival of Shavuot to the festival of Passover by analogy: Just as one can redress the failure to bring the offering on the festival of Passover on all seven days of the Festival, so too, on the festival of Shavuot, one can redress the failure to bring the offering for all seven, i.e., Shavuot and the six days following it.” (Sefaria.org translation) Even though the Gemara then throws three challenges to Rabbi Oshaya's drash, explanation of the verse, each one is deflected.

Even though we do not offer any sacrifices anymore, in the course of the analysis we learned one practical halakha concerning counting the omer. “Rava said: And how can you understand it that way? Is that to say that for Shavuot we count days but we do not count weeks? Didn’t Abaye say: It is a mitzva to count days, in the counting of the omer, as it is written: “Until the morrow of the seventh week, you shall count fifty days” (Leviticus 23:16); and it is also a mitzva to count weeks, as it is written: “Seven weeks you shall count for yourself, from when the sickle is first put to the standing corn” (Deuteronomy 16:9); and further, it is written: “The festival of weeks [shavuot]” (Deuteronomy 16:10), which indicates that it is a Festival that is established through a count of weeks? Consequently, the days of redress for Shavuot should last a week, in accordance with its components.(Sefaria.org translation)

When we count the omer we mentioned both the day and the week as Abaye teaches. For example, Ashkenazim say, "Today is the eighth day which is one week and one day in the omer" . The Sephardim have a variation of the formula. They say, "Today is the eighth day of the omer which is one week and one day." There's some who say that if a person counts only the days are only two weeks, he is fulfill his obligation after the fact. There are those who say one must repeat the formula correctly without a blessing. (See Shulkhan Arukh, Orekh Hayim, 489:1)

These days of tashlumin still impact practical halakha in two other areas. One does not recite the penitential prayers takhanun for six days after Shavuot just like one does not recite them during the intermediary days of Passover and Sukkot. Secondly, the one day of Shavuot counts as seven days towards the first 30 days of the mourning period called sheloshim.