Rabbi Reisman – Sukkos 5772
Chag Simchaseinu is not a time just to be happy but it is a time to be Misameiach with the Mitzvas Hashem. To perform the Mitzvos of the Yom Tov with great Simcha. There is a Minhag Vasikin to shake the Lulav and Esrog on the first day of Sukkos which is the only day that it is a Mitzvah D’oraissa, at sunrise, at Neitz Hachama. Neitz Hachama in Brooklyn on the first day of Sukkos is 7:05 AM which is not very early although for a Yom Tov morning some people may find it is. But to get up early and to be ready and at the first moment of Neitz Hachamah to shake one’s Lulav and Esrog in a Sukkah, is a wonderful Hiddur of a Mitzvah as we prepare to rejoice with Chag Simchaseinu.
I would like to share with you today a couple of thoughts regarding the Mitzvah of Sukkah and something regarding Parshas Zos Haberacha.
Let’s begin, I would like to share with you a Yesodosdika idea regarding the Sukkah which is actually a Grach Al Harambam, something from Rav Chaim Brisker. Before we get to Rav Chaim, we start with a question of simple Teitch, the translation of the word Sukkah.
What is a Sukkah? Is a Sukkah as it is used in the vernacular, a hut, a building, the entire building is called a Sukkah, that is the way people speak. Or perhaps the word Sukkah is a reference to the Schach, to the ceiling of the Sukkah?
To the great surprise of many people, there are Rayos Beruros, there are clear Gemaras that seem to say that the Sukkah, the word Sukkah as it is used in Tanach and by Chazal is a reference to the Schach. One of these is on Daf 2a. The Gemara there talks about the fact that the Sukkah is not allowed to be too high. The Schach of the Sukkah can’t be more than 20 Amos off the ground. The Gemara brings a number of reasons and one is the following. (18 lines from the top) (רבי זירא אמר מהכא וסוכה תהיה לצל יומם מחורב עד עשרים אמה אדם יושב בצל סוכה למעלה מעשרים אמה אין אדם יושב בצל סוכה אלא בצל דפנות). The Posuk says the Sukkah should serve as a shade during the day and the Gemara says until 20 Amos, when the Schach is within 20 Amos someone is sitting in the shade of the Sukkah, however, when the Schach is higher than 20 Amos the person is no longer sitting in the shade of Sukkah but only in the shade of the walls. Now if the walls are also part of the Sukkah it doesn’t really matter how high the Schach is, a person is always in the shade of the Sukkah. Obviously a person is sitting in the shade of the Sukkah means a person is sitting in the shade of the Schach. As the Gemara says (למעלה מעשרים אמה אין אדם יושב בצל סוכה אלא בצל דפנות).
We see therefore, that at least in the technical use of the word, the word Sukkah is a reference to Schach, specifically, the ceiling of the Sukkah. Later in Maseches Sukkah on 12a (2nd line from top) the Gemara learns a number of Halachos from the Posuk of the Torah which says, Devarim 16:13 (חַג הַסֻּכֹּת תַּעֲשֶׂה לְךָ, שִׁבְעַת יָמִים: בְּאָסְפְּךָ–מִגָּרְנְךָ, וּמִיִּקְבֶךָ). For example it says in the Posuk (בְּאָסְפְּךָ–מִגָּרְנְךָ, וּמִיִּקְבֶךָ). At the time of the year when you are gathering things in from your silo, and from the place you store your wine, and your grapes.
From here the Gemara learns (כי אתא רבין אמר ר’ יוחנן אמר קרא באספך מגרנך ומיקבך בפסולת גורן ויקב הכתוב מדבר). That Schach is made of things that are grown from the ground. (בפסולת גורן ויקב) which it says next to (חַג הַסֻּכֹּת תַּעֲשֶׂה לְךָ), from here we learn that the Sukkah is made from (בפסולת גורן ויקב), from things that grow from the ground. Now obviously we are only learning regarding the Schach and not regarding the walls. We are saying that the Sukkah is made from (בפסולת גורן ויקב). But once again we see that the Schach is what we refer to by the word Sukkah.
Another D’rasha on Daf 12, is that we learn out (סֻּכֹּת תַּעֲשֶׂה לְךָ) that (תעשה ולא מן העשוי). There is a rule in Sukkah that the Sukkah had to be made by a person and it can’t be made from something by itself so to speak. There are a number of Halachos of which I will mention one which is understood from this Gemara. When you build a Sukkah, one may not put the Schach up on the support before he builds the wall. If you put the Schach first than at that time it is not yet a Kosher Sukkah. Later when you add walls it becomes Kosher. That is a P’sul of a Sukkah.
I have seen it in front of stores. They put up the Sukkah, they put up a frame, some workers put up the Schach while other workers put up the walls. If the Schach is up before there are Kosher walls it is Posul because of (תעשה ולא מן העשוי). This P’sul of (תעשה ולא מן העשוי) is only on the Scach and not a Halacha on the walls. So we see once again the concept that we learn a D’rasha from the word Sukkah that it is a reference to the Schach specifically. So that is our leason in Teitch. That the word Sukkah is actually a reference to Schach.
Where does Rav Chaim Brisker come in? The Gemara Darshuns from Chag Hasukkos that the Sukkah is Muktzeh. That is to say a person may not use the Sukkah for his own personal benefit. A person can’t break off a piece of wood from the Sukkah to pick his teeth, something of that nature, because we learn Dinai Muktzeh from the words Chag Hasukkos.
The Rosh says that only the Schach is Muktzeh. The Rambam says that the walls are Muktzeh as well. Here we have a difficulty. The problem is that we just established a rule that the word Sukkah is a reference to the Schach specifically. As a matter of fact, the Gemara on 12a (the last 3 words of the Mishnah) says (וכולן כשרות לדפנות), that anything that we learn about Sukkah is Kosher in the walls. Then the Rambam says that the rule of Muktzeh applies to the walls. This is a difficulty.
If so, I will share with you Rav Chaim Brisker’s Yesod. You are capable of it, if you want to have some Oneg Yom Tov, take out the Grach Al Harambam and turn to Dinei Sukkah and there Rav Chaim deals with this question. He says a Yesod that is K’darko that there are 2 Dinim. His reason has to do with the construction of the Sukkah. Any Halacha that has to do with the physical construction of the Sukkah such as (בפסולת גורן ויקב), or (תעשה ולא מן העשוי), or the height, that is a Din in the Schach alone.
Then there are things that Dinai Sukkah, rules of the Sukkah. Nothing to do with the physical construction, but rules in the Halacha of the Sukkah, like that the Sukkah is Muktzeh for example. Those Dinnim apply to the Sukkah entirely, not to the Schach alone. Because logically the Din that it is Muktzeh that it is set aside for its Mitzvah should apply to the whole Sukkah. It is a nice Yesod from Rav Chaim. If there were more time, I would talk about it longer. Look at the Grach Al Harambam and you will enjoy it. If you have time afterwards the Grach Al Hashas which is Rav Chaim’s Chiddushim Mipi Hashmua on Shas on Maseches Sukkah there is a piece added to the Grach Al Harambam on this idea regarding the idea of Sukkah Gizula look there and you will enjoy. I guess there is nothing wrong with giving you a little bit of homework.
Let us move on to a second topic. The second topic is a Mussar idea and has to do with Parshas Zos Haberacha. I have had 4 Aliyos now for Leivi for Parshas Zos Haberacha. As a Leivi they read 33:8 (וּלְלֵוִי אָמַר, תֻּמֶּיךָ וְאוּרֶיךָ לְאִישׁ חֲסִידֶךָ, אֲשֶׁר נִסִּיתוֹ בְּמַסָּה, תְּרִיבֵהוּ עַל-מֵי מְרִיבָה). I would like to talk about the meaning of these words. We are obviously referring to Aharon Hakohen the holy man from Sheivet Leivi and obviously what he performed, what he accomplished in his extraordinary way is something everyone in Sheivet Leivi has to strive to accomplish it. Therefore, as an example we hold up Aharon Hakohen. (תֻּמֶּיךָ וְאוּרֶיךָ לְאִישׁ חֲסִידֶךָ), he wore the Urim V’tumim. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), you tested him at Maasa, (תְּרִיבֵהוּ), and you argued with him (עַל-מֵי מְרִיבָה). What is this referring to?
(מֵי מְרִיבָה) as we know is the episode in Parshas Chukas where Moshe and Aaron were punished for hitting the rock rather than talking to the rock. What is (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), what is Masa?
Masa is an episode in Parshas Beshalach which is the first time Moshe Rabbeinu hit the rock. Aharon Hakohen is not even mentioned in the entire Parsha. What does he have to do with that episode that is called Masa Umiriva and how does Aaron Hakohen come in?
Rav Schwab in his Sefer on Parshas Zos Hab’rachah has an explanation which when we understand it properly is a tremendous Mussar. He says (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה) we have to understand Aaron Hakohen’s Nisyonos as follows.
At Masa Moshe Rabbeinu was told Shemos 17:5 (וַיֹּאמֶר יְרוָר אֶל-מֹשֶׁה, עֲבֹר לִפְנֵי הָעָם, וְקַח אִתְּךָ, מִזִּקְנֵי יִשְׂרָאֵל; וּמַטְּךָ, אֲשֶׁר הִכִּיתָ בּוֹ אֶת-הַיְאֹר–קַח בְּיָדְךָ, וְהָלָכְתָּ). Take the stick with which you hit the Yam Suf and take it now in front of Klal Yisrael and perform this wondrous miracle and bring water forth from the rock. Aaron Hakohen was standing there, he knew that Moshe Rabbeinu didn’t hit the Yam Suf, Moshe Rabbeinu had been commanded to hit the Yam Suf and he made Aaron Hakohen a Sheliach. As Rashi says in Parshas Shemos that the Yam Suf which protected Moshe Rabbeinu was not hit by Moshe Rabbeinu. Aaron was standing there and he could have easily said wait Moshe Rabbeinu let me do this, after all the whole Klal Yisrael is thirsty and a great miracle was about to occur. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), Aaron Hakohen was tested and in Masa he stayed silent. Being quiet is sometimes a hard and difficult thing to do. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), he kept quiet at Masa, that was his Nisayon.
(תְּרִיבֵהוּ עַל-מֵי מְרִיבָה), later, the second time water was supposed to come forth from the stone, Moshe Rabbeinu was told to speak to the stone. Again he went and took the stick to hit it. Here not only was Moshe Rabbeinu punished but Aaron Hakohen too. Aaron why were you silent? You should have spoken up and said to Moshe Rabbeinu no, don’t hit the stone!
If I was Aaron Hakohen I would say, Ribbono Shel Olam, you tested me and I was quiet when I had to be quiet, so is it a surprise that now I let Moshe Rabbeinu do what he understood? We learn from here that Aaron Hakohen was held to a standard that when it is time to be quiet you have to be quiet no matter how hard it is and when it is time to speak up you have to speak up no matter how difficult. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה, תְּרִיבֵהוּ עַל-מֵי מְרִיבָה), that you held him up to such a high standard.
V’zos Hab’racha 33:9 (הָאֹמֵר לְאָבִיו וּלְאִמּוֹ, לֹא רְאִיתִיו, וְאֶת-אֶחָיו לֹא הִכִּיר, וְאֶת-בָּנָו לֹא יָדָע: כִּי שָׁמְרוּ אִמְרָתֶךָ, וּבְרִיתְךָ יִנְצֹרוּ) The Posuk says that he and all of Sheivet Leivi was held up to a high standard. When their close relatives did something wrong they ignored the fact that they were related and they didn’t say that it was my relative and I have to stand by him. No, even his own children he didn’t recognize. The job of Sheivet Leivi is to recognize Ratzon Hashem no matter how difficult it is. That is the Middah of Sheivet Leivi. That no matter how difficult the moment is, to always be able to stand up and do what has to be done. So this is the shining example of Aaron Hakohen and Sheivet Leivi as Rav Schwab explains it.
The question of the week is: we just discussed that Noi Sukkah, the Sukkah walls, and the Sukkah roof are all Muktzeh, Huktzeh L’mitzvoso. That is something we know.
The fact that it extends to Noi Sukkah is a clear Halacha in Shulchan Aruch. If someone puts flowers on the table in the Sukkah why aren’t they considered Noi Sukkah. Why do we only consider something to be Noi Sukkah if it is stapled to the wall or hanging from the Schach. Aren’t flowers on the table Noi Sukkah? If that is true than it would be Assur to take them in, to remove them from the Sukkah on Sukkos, something that I believe people do do. I am not saying that the Halacha is that you are not allowed to take it in but rather I am asking why can you take them in? Why should flowers on the table be any different than flowers stapled to the wall or hanging from the Schach. The Muktzeh is not related to the fact that it takes a Melacha to remove it, the Muktzeh is related to the fact that it is Noi Sukkah. This is one Tzorech Iyun.
The second question of the week is: We are in middle of learning Maseches Bava Kamma in the Yeshiva. There is a famous Psak from Rav Shlomo Zalman Auerbach. He said that once a person falls asleep in the Sukkah, when he is in the state of sleeping he has a Din of a Shote. At that stage someone else is allowed to cover the Schach. Let’s say someone is afraid that it will rain during the night or perhaps his child fell asleep in the Sukkah and he doesn’t want it to rain on him. Rav Shlomo Zalman Auerbach’s P’sak was that once he is sleeping he has a Din of a Shote and you are allowed to cover the Schach. His P’sak is brought in a number of places including the Sefer HaSukkah which is a beautiful compendium of Hilchos Sukkah and I think that it is a well known P’sak.
We had a difficulty because in Maseches Bava Kamma on Daf 3b in the Gemara and later on 4a Tosafos brings a Yerushalmi (כיון דכייף ופשיט אורחיה הוא. בירושלמי יש דישן לא מחייב אלא כשהשכיב עצמו אצל הכלים אבל אם ישן והביאו כלים אצלו ושברן פטור דהם גרמו לו וכן אם היה ישן והלך חבירו לישן אצלו והזיקו זה את זה הראשון פטור והאחרון חייב). There is a discussion that if someone is sleeping and in his sleep turns over and breaks something and is Mazik. There the discussion is (אדם מועד לעולם בין ער בין ישן) Adam Muad L’olam, that a person is responsible for all his actions whether if he up or if he is asleep.
Question: The Halacha is that a Shote is not responsible for his actions. A Koton or Shote who is Mazik is Patur, no one is obligated to pay. The American idea that a parent has to pay when a child is Mazik is not true in Halacha. If we take Rav Shlomo Zalman Auerbach’s Psak literally that someone who is asleep has a Din Shote in the eyes of Halacha then Tzorech Iyun Gadol. Why does the Din of Adam Muad L’olam applies to someone who is sleeping. Perhaps some of you who have learned Bava Kamma in Torah Voda’as 5 years ago will remember that we discussed it in Shiur at that time. If you have your notes you can dig them up.

Rabbi Reisman – Sukkos 5772Chag Simchaseinu is not a time just to be happy but it is a time to be Misameiach with the Mitzvas Hashem. To perform the Mitzvos of the Yom Tov with great Simcha. There is a Minhag Vasikin to shake the Lulav and Esrog on the first day of Sukkos which is the only day that it is a Mitzvah D’oraissa, at sunrise, at Neitz Hachama. Neitz Hachama in Brooklyn on the first day of Sukkos is 7:05 AM which is not very early although for a Yom Tov morning some people may find it is. But to get up early and to be ready and at the first moment of Neitz Hachamah to shake one’s Lulav and Esrog in a Sukkah, is a wonderful Hiddur of a Mitzvah as we prepare to rejoice with Chag Simchaseinu. I would like to share with you today a couple of thoughts regarding the Mitzvah of Sukkah and something regarding Parshas Zos Haberacha.Let’s begin, I would like to share with you a Yesodosdika idea regarding the Sukkah which is actually a Grach Al Harambam, something from Rav Chaim Brisker. Before we get to Rav Chaim, we start with a question of simple Teitch, the translation of the word Sukkah. What is a Sukkah? Is a Sukkah as it is used in the vernacular, a hut, a building, the entire building is called a Sukkah, that is the way people speak. Or perhaps the word Sukkah is a reference to the Schach, to the ceiling of the Sukkah?  To the great surprise of many people, there are Rayos Beruros, there are clear Gemaras that seem to say that the Sukkah, the word Sukkah as it is used in Tanach and by Chazal is a reference to the Schach. One of these is on Daf 2a. The Gemara there talks about the fact that the Sukkah is not allowed to be too high. The Schach of the Sukkah can’t be more than 20 Amos off the ground. The Gemara brings a number of reasons and one is the following. (18 lines from the top) (רבי זירא אמר מהכא וסוכה תהיה לצל יומם מחורב עד עשרים אמה אדם יושב בצל סוכה למעלה מעשרים אמה אין אדם יושב בצל סוכה אלא בצל דפנות). The Posuk says the Sukkah should serve as a shade during the day and the Gemara says until 20 Amos, when the Schach is within 20 Amos someone is sitting in the shade of the Sukkah, however, when the Schach is higher than 20 Amos the person is no longer sitting in the shade of Sukkah but only in the shade of the walls. Now if the walls are also part of the Sukkah it doesn’t really matter how high the Schach is, a person is always in the shade of the Sukkah. Obviously a person is sitting in the shade of the Sukkah means a person is sitting in the shade of the Schach. As the Gemara says (למעלה מעשרים אמה אין אדם יושב בצל סוכה אלא בצל דפנות). We see therefore, that at least in the technical use of the word, the word Sukkah is a reference to Schach, specifically, the ceiling of the Sukkah. Later in Maseches Sukkah on 12a (2nd line from top) the Gemara learns a number of Halachos from the Posuk of the Torah which says, Devarim 16:13 (חַג הַסֻּכֹּת תַּעֲשֶׂה לְךָ, שִׁבְעַת יָמִים: בְּאָסְפְּךָ–מִגָּרְנְךָ, וּמִיִּקְבֶךָ). For example it says in the Posuk (בְּאָסְפְּךָ–מִגָּרְנְךָ, וּמִיִּקְבֶךָ). At the time of the year when you are gathering things in from your silo, and from the place you store your wine, and your grapes.  From here the Gemara learns (כי אתא רבין אמר ר’ יוחנן אמר קרא באספך מגרנך ומיקבך בפסולת גורן ויקב הכתוב מדבר). That Schach is made of things that are grown from the ground. (בפסולת גורן ויקב) which it says next to (חַג הַסֻּכֹּת תַּעֲשֶׂה לְךָ), from here we learn that the Sukkah is made from (בפסולת גורן ויקב), from things that grow from the ground. Now obviously we are only learning regarding the Schach and not regarding the walls. We are saying that the Sukkah is made from (בפסולת גורן ויקב). But once again we see that the Schach is what we refer to by the word Sukkah.  Another D’rasha on Daf 12, is that we learn out (סֻּכֹּת תַּעֲשֶׂה לְךָ) that (תעשה ולא מן העשוי). There is a rule in Sukkah that the Sukkah had to be made by a person and it can’t be made from something by itself so to speak. There are a number of Halachos of which I will mention one which is understood from this Gemara. When you build a Sukkah, one may not put the Schach up on the support before he builds the wall. If you put the Schach first than at that time it is not yet a Kosher Sukkah. Later when you add walls it becomes Kosher. That is a P’sul of a Sukkah. I have seen it in front of stores. They put up the Sukkah, they put up a frame, some workers put up the Schach while other workers put up the walls. If the Schach is up before there are Kosher walls it is Posul because of (תעשה ולא מן העשוי). This P’sul of (תעשה ולא מן העשוי) is only on the Scach and not a Halacha on the walls. So we see once again the concept that we learn a D’rasha from the word Sukkah that it is a reference to the Schach specifically. So that is our leason in Teitch. That the word Sukkah is actually a reference to Schach. Where does Rav Chaim Brisker come in? The Gemara Darshuns from Chag Hasukkos that the Sukkah is Muktzeh. That is to say a person may not use the Sukkah for his own personal benefit. A person can’t break off a piece of wood from the Sukkah to pick his teeth, something of that nature, because we learn Dinai Muktzeh from the words Chag Hasukkos. The Rosh says that only the Schach is Muktzeh. The Rambam says that the walls are Muktzeh as well. Here we have a difficulty. The problem is that we just established a rule that the word Sukkah is a reference to the Schach specifically. As a matter of fact, the Gemara on 12a (the last 3 words of the Mishnah) says (וכולן כשרות לדפנות), that anything that we learn about Sukkah is Kosher in the walls. Then the Rambam says that the rule of Muktzeh applies to the walls. This is a difficulty. If so, I will share with you Rav Chaim Brisker’s Yesod. You are capable of it, if you want to have some Oneg Yom Tov, take out the Grach Al Harambam and turn to Dinei Sukkah and there Rav Chaim deals with this question. He says a Yesod that is K’darko that there are 2 Dinim. His reason has to do with the construction of the Sukkah. Any Halacha that has to do with the physical construction of the Sukkah such as (בפסולת גורן ויקב), or (תעשה ולא מן העשוי), or the height, that is a Din in the Schach alone. Then there are things that Dinai Sukkah, rules of the Sukkah. Nothing to do with the physical construction, but rules in the Halacha of the Sukkah, like that the Sukkah is Muktzeh for example. Those Dinnim apply to the Sukkah entirely, not to the Schach alone. Because logically the Din that it is Muktzeh that it is set aside for its Mitzvah should apply to the whole Sukkah. It is a nice Yesod from Rav Chaim. If there were more time, I would talk about it longer. Look at the Grach Al Harambam and you will enjoy it. If you have time afterwards the Grach Al Hashas which is Rav Chaim’s Chiddushim Mipi Hashmua on Shas on Maseches Sukkah there is a piece added to the Grach Al Harambam on this idea regarding the idea of Sukkah Gizula look there and you will enjoy. I guess there is nothing wrong with giving you a little bit of homework. Let us move on to a second topic. The second topic is a Mussar idea and has to do with Parshas Zos Haberacha. I have had 4 Aliyos now for Leivi for Parshas Zos Haberacha. As a Leivi they read 33:8 (וּלְלֵוִי אָמַר, תֻּמֶּיךָ וְאוּרֶיךָ לְאִישׁ חֲסִידֶךָ, אֲשֶׁר נִסִּיתוֹ בְּמַסָּה, תְּרִיבֵהוּ עַל-מֵי מְרִיבָה). I would like to talk about the meaning of these words. We are obviously referring to Aharon Hakohen the holy man from Sheivet Leivi and obviously what he performed, what he accomplished in his extraordinary way is something everyone in Sheivet Leivi has to strive to accomplish it. Therefore, as an example we hold up Aharon Hakohen. (תֻּמֶּיךָ וְאוּרֶיךָ לְאִישׁ חֲסִידֶךָ), he wore the Urim V’tumim. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), you tested him at Maasa, (תְּרִיבֵהוּ), and you argued with him (עַל-מֵי מְרִיבָה). What is this referring to? (מֵי מְרִיבָה) as we know is the episode in Parshas Chukas where Moshe and Aaron were punished for hitting the rock rather than talking to the rock. What is (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), what is Masa? Masa is an episode in Parshas Beshalach which is the first time Moshe Rabbeinu hit the rock. Aharon Hakohen is not even mentioned in the entire Parsha. What does he have to do with that episode that is called Masa Umiriva and how does Aaron Hakohen come in?Rav Schwab in his Sefer on Parshas Zos Hab’rachah has an explanation which when we understand it properly is a tremendous Mussar. He says (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה) we have to understand Aaron Hakohen’s Nisyonos as follows. At Masa Moshe Rabbeinu was told Shemos 17:5 (וַיֹּאמֶר יְרוָר אֶל-מֹשֶׁה, עֲבֹר לִפְנֵי הָעָם, וְקַח אִתְּךָ, מִזִּקְנֵי יִשְׂרָאֵל; וּמַטְּךָ, אֲשֶׁר הִכִּיתָ בּוֹ אֶת-הַיְאֹר–קַח בְּיָדְךָ, וְהָלָכְתָּ). Take the stick with which you hit the Yam Suf and take it now in front of Klal Yisrael and perform this wondrous miracle and bring water forth from the rock. Aaron Hakohen was standing there, he knew that Moshe Rabbeinu didn’t hit the Yam Suf, Moshe Rabbeinu had been commanded to hit the Yam Suf and he made Aaron Hakohen a Sheliach. As Rashi says in Parshas Shemos that the Yam Suf which protected Moshe Rabbeinu was not hit by Moshe Rabbeinu. Aaron was standing there and he could have easily said wait Moshe Rabbeinu let me do this, after all the whole Klal Yisrael is thirsty and a great miracle was about to occur. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), Aaron Hakohen was tested and in Masa he stayed silent. Being quiet is sometimes a hard and difficult thing to do. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה), he kept quiet at Masa, that was his Nisayon. (תְּרִיבֵהוּ עַל-מֵי מְרִיבָה), later, the second time water was supposed to come forth from the stone, Moshe Rabbeinu was told to speak to the stone. Again he went and took the stick to hit it. Here not only was Moshe Rabbeinu punished but Aaron Hakohen too. Aaron why were you silent? You should have spoken up and said to Moshe Rabbeinu no, don’t hit the stone! If I was Aaron Hakohen I would say, Ribbono Shel Olam, you tested me and I was quiet when I had to be quiet, so is it a surprise that now I let Moshe Rabbeinu do what he understood? We learn from here that Aaron Hakohen was held to a standard that when it is time to be quiet you have to be quiet no matter how hard it is and when it is time to speak up you have to speak up no matter how difficult. (אֲשֶׁר נִסִּיתוֹ בְּמַסָּה, תְּרִיבֵהוּ עַל-מֵי מְרִיבָה), that you held him up to such a high standard. V’zos Hab’racha 33:9 (הָאֹמֵר לְאָבִיו וּלְאִמּוֹ, לֹא רְאִיתִיו, וְאֶת-אֶחָיו לֹא הִכִּיר, וְאֶת-בָּנָו לֹא יָדָע: כִּי שָׁמְרוּ אִמְרָתֶךָ, וּבְרִיתְךָ יִנְצֹרוּ) The Posuk says that he and all of Sheivet Leivi was held up to a high standard. When their close relatives did something wrong they ignored the fact that they were related and they didn’t say that it was my relative and I have to stand by him. No, even his own children he didn’t recognize. The job of Sheivet Leivi is to recognize Ratzon Hashem no matter how difficult it is. That is the Middah of Sheivet Leivi. That no matter how difficult the moment is, to always be able to stand up and do what has to be done. So this is the shining example of Aaron Hakohen and Sheivet Leivi as Rav Schwab explains it. The question of the week is: we just discussed that Noi Sukkah, the Sukkah walls, and the Sukkah roof are all Muktzeh, Huktzeh L’mitzvoso. That is something we know. The fact that it extends to Noi Sukkah is a clear Halacha in Shulchan Aruch. If someone puts flowers on the table in the Sukkah why aren’t they considered Noi Sukkah. Why do we only consider something to be Noi Sukkah if it is stapled to the wall or hanging from the Schach. Aren’t flowers on the table Noi Sukkah? If that is true than it would be Assur to take them in, to remove them from the Sukkah on Sukkos, something that I believe people do do. I am not saying that the Halacha is that you are not allowed to take it in but rather I am asking why can you take them in? Why should flowers on the table be any different than flowers stapled to the wall or hanging from the Schach. The Muktzeh is not related to the fact that it takes a Melacha to remove it, the Muktzeh is related to the fact that it is Noi Sukkah. This is one Tzorech Iyun.  The second question of the week is: We are in middle of learning Maseches Bava Kamma in the Yeshiva. There is a famous Psak from Rav Shlomo Zalman Auerbach. He said that once a person falls asleep in the Sukkah, when he is in the state of sleeping he has a Din of a Shote. At that stage someone else is allowed to cover the Schach. Let’s say someone is afraid that it will rain during the night or perhaps his child fell asleep in the Sukkah and he doesn’t want it to rain on him. Rav Shlomo Zalman Auerbach’s P’sak was that once he is sleeping he has a Din of a Shote and you are allowed to cover the Schach. His P’sak is brought in a number of places including the Sefer HaSukkah which is a beautiful compendium of Hilchos Sukkah and I think that it is a well known P’sak.  We had a difficulty because in Maseches Bava Kamma on Daf 3b in the Gemara and later on 4a Tosafos brings a Yerushalmi (כיון דכייף ופשיט אורחיה הוא. בירושלמי יש דישן לא מחייב אלא כשהשכיב עצמו אצל הכלים אבל אם ישן והביאו כלים אצלו ושברן פטור דהם גרמו לו וכן אם היה ישן והלך חבירו לישן אצלו והזיקו זה את זה הראשון פטור והאחרון חייב). There is a discussion that if someone is sleeping and in his sleep turns over and breaks something and is Mazik. There the discussion is (אדם מועד לעולם בין ער בין ישן) Adam Muad L’olam, that a person is responsible for all his actions whether if he up or if he is asleep. Question: The Halacha is that a Shote is not responsible for his actions. A Koton or Shote who is Mazik is Patur, no one is obligated to pay. The American idea that a parent has to pay when a child is Mazik is not true in Halacha. If we take Rav Shlomo Zalman Auerbach’s Psak literally that someone who is asleep has a Din Shote in the eyes of Halacha then Tzorech Iyun Gadol. Why does the Din of Adam Muad L’olam applies to someone who is sleeping. Perhaps some of you who have learned Bava Kamma in Torah Voda’as 5 years ago will remember that we discussed it in Shiur at that time. If you have your notes you can dig them up.

 

Tags: Rabbi Reisman Sukkah SUKKOS

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