Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 19th, 2024

Our Gemara on Amud Beis discusses why the Gazlan (brazen robber) only pays the principal, while a Ganav (stealthy burglar) pays double as a fine. The Gazlan simply does not care about anything or is motivated by some drive that is beyond any shame. However, the Ganav obviously feels some shame as he steals under cover. This man is more fearful of people than God, and therefore is punished more harshly. Rabban Gamliel adds a parable to explain thi …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 19th, 2024

Our Gemara on Amud Beis discusses a case where a person pledges an ox for an Olah sacrifice, uses language “it is incumbent upon me” which obligates him to replace the ox if it is damaged or stolen. If someone stole this ox, what liabilities would the thief incur to reimburse the owner ? On the one hand, since the owner dedicated an ox, and is responsible to bring it no matter what, the thief should reimburse him with a similar qualit …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 18th, 2024

Our Gemara on Amud Aleph discusses the susceptibility of a Red Heifer to become impure (something that only applies to a food item that at least at one time was ready for consumption and can be consumed.)  This is because the Red Heifer could be potentially redeemed, and then eaten. Therefore, even if it is highly unlikely to actually be redeemed, it still has the legal status of an edible food item because of the potential to do so. Gemara …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 17th, 2024

Our Gemara on Amud discusses the concept that certain actions that are pending, can be considered in a legal sense, as if already performed. Rabbi Shimon holds that any blood that is ready to be sprinkled is considered as though it had already been sprinkled, and likewise, any animal that is ready to be redeemed is considered as if it had already been redeemed. The idea that potential becomes actual is a symbolic spiritual notion. The Shalah (Vav …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 16th, 2024

Our Gemara on Amud Aleph discusses the legal principle of when confessing mitigates financial penalties: אִיתְּמַר: מוֹדֶה בִּקְנָס, וְאַחַר כָּךְ בָּאוּ עֵדִים – רַב אָמַר: פָּטוּר, וּשְׁמוּאֵל אָמַר: חַיָּיב. It was stated with regard to one who admits that he is liable to pay a fine, and afterward witnesses come and testify to his liability, that Rav say …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 15th, 2024

Our Gemara on Amud Beis discusses an incident where Rabban Gamliel blinded the eye of his Canaanite slave Tavi, and he experienced great joy as a result. Rabban Gamliel always wanted to free Tavi, because he was considered an extraordinarily learned and pious individual (see Mishna Succah 2:1, Mishna Berachos 2:7.) Yet, it is generally prohibited to emancipate a Canaanite slave, as discussed in Gittin (38b). The injury provided a perfect opportun …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 14th, 2024

Our Gemara on Amud Aleph discusses a famous halakhic and Jewish legal principle: תּוֹךְ כְּדֵי דִיבּוּר – כְּדִיבּוּר דָּמֵי The legal status of a pause or retraction within the time required for speaking a short phrase is like that of continuous speech. Meaning to say, essentially one can retract something that was said, if done so immediately.  This has many applications in both Jewish civil law a …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 12th, 2024

Our gemara on Amud Beis discusses the concept of עֵד זוֹמֵם חִידּוּשׁ - the disqualification of conspiring witnesses is a Torah decree, without specific apparent logic.  This means that in Torah law, if two sets of two witnesses contradict each other, it is a stalemate, with no set believed more than the other. Yet, if one set disqualifies the other’s testimony by stating, “How can you claim to have seen Plony o …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 12th, 2024

Our Gemara on Amud Aleph discusses the well-known Jewish legal principle of a form of double jeopardy; one is not sentenced to be flogged and obligated to pay for the same act. This is also known as Kim ley bederabbah miney - the person takes the more severe punishment and is exempt from additional punishment. Sefer Shama Shelomo (Bereishis) asks, “If so, why did God punish Adam with both mortality and having to eat bread by the sweat of th …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 11th, 2024

Our Gemara on Amud Aleph discusses the limbo state occupied by certain stolen objects: גָּזַל וְלֹא נִתְיָיאֲשׁוּ הַבְּעָלִים – שְׁנֵיהֶם אֵינָן יְכוֹלִין לְהַקְדִּישׁ; זֶה לְפִי שֶׁאֵינוֹ שֶׁלּוֹ, וְזֶה לְפִי שֶׁאֵינוֹ בִּרְשׁוּתוֹ. If one stole an item and the owners have not yet despaired of recovering it, neither …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 10th, 2024

Our Gemara on Amud Aleph describes a practice of the “Tzenuin” (the modest) whereby they would dedicate a tithe, from afar, for produce from their field that is stolen by passersby who presumably rationalize this petty theft. Their goal was to save these thieves from the sin of violating eating non-tithed produce.  The gemara emphasizes that this is not a requirement, but rather an extra-legal act of piety. Sefer Daf Al Daf bring …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 9th, 2024

  Our Gemara on Amud Beis discusses why the cattle rustler who proceeds to slaughter or sell the animal, after he already stole it, incurs an additional penalty of 4 or 5 times the value of the sheep or ox respectively: אָמַר רַבִּי עֲקִיבָא: מִפְּנֵי מָה אָמְרָה תּוֹרָה טָבַח וּמָכַר מְשַׁלֵּם אַרְבָּעָה וַחֲמִשָּׁה? מִפְּנֵי שֶׁנִּשְׁתּ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 8th, 2024

Our Gemara discusses the concept that a stolen item can eventually become owned by a thief if it becomes substantially changed (though he still must pay for the object). One of the criteria that establish substantial change is if there is a change in the name and descriptor of the object. This can apply even to arbitrary name changes, such as if an ordinary myrtle branch which is now designated for the mitzvah changes from Asa (Hadassah) to Hosha …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 7th, 2024

Our Gemara on Amud Beis discusses the concept of Takkanas Hashavim, a special allowance made for a penitent. Usually, if someone stole an item he is not permitted to merely pay the owner for the object, but rather he must return the object, so long as it has not been materially transformed into a different object, such as stealing wool and making it into a garment. Thus, a thief who later wants to repent can sometimes find himself in a predicamen …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 5th, 2024

Our Gemara on Amud Beis discusses the halakha that even a day-old bull is called a bull, and even a day-old ram is called a ram.  Sefer Chayyim V’chessed (272) observes that this principle is based on the biological truth that animals tend to be born with all the basic skills and instincts they need to survive. In comparison, a human newborn is helpless and needs decades of instruction and modeling by his or her parents to develop the …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 5th, 2024

Our Gemara on Amud Beis discusses the halakhic principle that if one who admits he is liable to pay a fine, than he is exempt from actually having to pay it. This pardoning applies even if, after his admission, witnesses come forward with independently valid testimony that would have convicted him. The Shalah (Aseres HaDibros, Yoma, Torah Ohr 23) understands this as true metaphysically in relation to sin and God’s punishment. The power of c …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 4th, 2024

Our Gemara on Amud Aleph quotes a series clauses in the verses that discuss the process of bringing the tithes of produce to the Temple (Devarim 14:24-26): וְכִֽי־יִרְבֶּ֨ה מִמְּךָ֜ הַדֶּ֗רֶךְ כִּ֣י לֹ֣א תוּכַל֮ שְׂאֵתוֹ֒ כִּֽי־יִרְחַ֤ק מִמְּךָ֙ הַמָּק֔וֹם אֲשֶׁ֤ר יִבְחַר֙ ה׳ אלקיך לָשׂ֥וּם שְׁמ֖וֹ שָׁ֑ם כִּ֥י …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 3rd, 2024

Our Gemara on Amud Aleph discusses the status a forced sale: : תְּלוּהּ וְזַבֵּין – זְבִינֵיהּ זְבִינֵי If one was strung up so that another could coerce him to sell a certain item, and he sold it, his sale is a valid sale. This indicates that a sale under duress is considered a valid sale. Some opinions hold that if one receives payment, though technically he may not want to sell it, his acceptance of the …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 2nd, 2024

Our Gemara on Amud Aleph discusses an interlude in King David’s life that involved getting a message about a halakha on the battlefront (symbolically represented as bringing water, Shmuel II:23). According to one version, the halakhic question had to do with whether it is permitted to destroy another person's possessions in order to save himself. The Gemara interprets David’s “pouring out the water” as quoting the halakha …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

January 1st, 2024

Our Gemara on Amud Aleph references a verse from Yeshaiyahu (57:19): בּוֹרֵ֖א (נוב) [נִ֣יב] שְׂפָתָ֑יִם שָׁל֨וֹם ׀ שָׁל֜וֹם לָרָח֧וֹק וְלַקָּר֛וֹב אָמַ֥ר יְהֹוָ֖ה וּרְפָאתִֽיו׃ The creator of heartening, comforting words: Peace, peace upon him who is far and him who is near—said  GOD —And I will heal them. The Gemara Berachos …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 31st, 2023

Our Gemara on Amud Beis relates an interesting story about Rabbi Eliezer Ze’eira: Rabbi Eliezer Ze’eira was wearing black shoes, unlike the Jewish custom of that time, and standing in the market of Neharde’a. Officials of the house of the Exilarch found him and said to him: What is different about you that causes you to wear these shoes? He said to them: I am wearing them because I am in mourning over the destruction of the Temp …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 28th, 2023

Our Gemara on Amud Aleph discusses the change in liability of an animal that already had been exposed to food that it ate after falling into a garden.  Even if ordinarily the owner might be exempted from paying for what the animal eats if he took ordinary and reasonable measures to prevent it from breaking into another’s property, if this animal comes back to this garden, the owner will still be liable.  The Gemara says that since …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 29th, 2023

Our gemara on Amud Beis discusses the four categories of watchmen: The persons who watches for no fee  The person who watches for a fee The person who borrows The person who rents The first three as described in the Torah, and rabbinically derived from various derashos, bear increasing responsibility commensurate with the amount of benefit derived. Thus, the Free Watchman is only liable for neglect, but not theft. While the Hired Watchman …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 28th, 2023

Our Gemara on Amud Aleph discusses the liability of an owner who left an animal secured in a corral, but also in intense heat. Though the wall of the corral was sturdy, and therefore it was highly improbable that the animal should break out, and even if it did so in an unusual manner such as digging under the wall, we hold the owner liable for the damage the animal caused after it escaped. This ruling is despite the standard position of the Gemar …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 27th, 2023

Our Gemara on Amud discusses a portent in a dream when one sees the word “Hesped” “Eulogy” in a written form: וְאָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: הָרוֹאֶה הֶסְפֵּד בַּחֲלוֹמוֹ – חָסוּ עָלָיו מִן הַשָּׁמַיִם, וּפְדָאוּהוּ. הָנֵי מִילֵּי בִּכְתָבָא. And Rabbi Yehoshua ben Levi says: If one sees a eulo …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 26th, 2023

Our Gemara at the end of Daf 54 into Daf 55 shares a seemingly bizarre dialogue, where a great Rabbi and sage appears to be ignorant of a basic verse in the Ten Commandments: שָׁאַל רַבִּי חֲנִינָא בֶּן עָגֵיל אֶת רַבִּי חִיָּיא בַּר אַבָּא: מִפְּנֵי מָה בְּדִבְּרוֹת הָרִאשׁוֹנוֹת לֹא נֶאֱמַר בָּהֶם ״טוֹב״, וּבְדִבְּרוֹת …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 25th, 2023

Our Gemara on Amud Aleph discusses the opinion of Rabbi Nassan who holds that if two people or agents caused damage, though they split the payment, if one is unable to pay, the other assumes 100% liability. Rabbi Nassan seems to hold that instead of looking at each damager to be 50% responsible, we look at each one as 100% responsible. It just so happens that ordinarily since both can pay the debt, they split the cost. But when one cannot pay, th …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 18th, 2023

The Chosson and Kallah Shmooze You Wish You Had But Never Got Rabbi Simcha Feuerman, LCSW-R, DHL simchafeuerman@gmail.com   In this video series we will discuss the Jewish ideas about marriage, sexual pleasure, abstention, modesty, marriage communication, sexual dysfunctions such as premature ejaculation, delayed ejaculation, anorgasmia, painful intercourse, desire disparities, sexual addictions, sexual trauma and how to treat them and unde …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 24th, 2023

Our Gemara on Amud Aleph discusses the legal technicalities of how an acquisition of a flock of sheep is finalized: Reish Lakish says in the name of Rabbi Yannai: With regard to one who sells a flock of sheep to another, once he conveys the mashkukhit to the buyer, he has acquired the flock. But what is this “mashkukhit”? It is referring to the goat that goes at the front of the flock that they follow. The Gemara notes: This explanati …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 22nd, 2023

Our Gemara on Amud Aleph discusses the idea of making sure that despite someone having been convicted with the death penalty, the mitzvah of “Love thy neighbor” dictates that we choose the least painful and most dignified way to administer the punishment. For example, if the death punishment involves stoning (which actually is preceded by being thrown from a high structure, it should be constructed sufficiently high that he dies quick …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 22nd, 2023

Our Gemara on Amud Aleph tells us the happy and then tragic story “Nechunia, the One Who Dug Cisterns”.  תָּנוּ רַבָּנַן: מַעֲשֶׂה בְּבִתּוֹ שֶׁל נְחוּנְיָא חוֹפֵר שִׁיחִין שֶׁנָּפְלָה לְבוֹר גָּדוֹל, בָּאוּ וְהוֹדִיעוּ אֶת רַבִּי חֲנִינָא בֶּן דּוֹסָא. שָׁעָה רִאשׁוֹנָה אָמַר לָה …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 21st, 2023

Our Gemara on Amud Aleph compares a Canaanite slave to a donkey, in a sense that it is property that can be bought and sold (Am Hadomeh Lechamor). This Talmudinc dictum has been used to accuse Jews of having legal basis for treating non-Jews as if they were animals.  Later in this article, I will discuss some of the meanings to this verse and allusion, but I first feel compelled to respond defensively in a global manner.  One should nev …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 20th, 2023

  Our Gemara on Amud Aleph discusses the liability of someone who has a pit dug on his property, even if he did not do or ask for it to be done: Since this owner of the courtyard should have filled the pit with earth and he did not fill it, he is considered like someone who actually dug the pit. The idea that one is considered to be an active damager simply by neglecting to repair a hazard has metaphysical implications as well. Shem Mishmuel …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 19th, 2023

Our Gemara on Amud Aleph discusses The status of the calf fetus inside the cow. It is considered to be, at that time, a part of the mother‘s body. Therefore, if the cow Gores and damages are due from the value of the ox itself, the fetus is included in the lien. Although paternity may have halakhic status (see Chulin 80a), a mother's bond to the fetus is strong by virtue of a literal physical attachment that leaves a psychological imprint, …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 18th, 2023

Our Gemara on Amud Beis discusses the Talmudic principle of Hamotzi Mechaveiro Alayv Hara’yah, which translates best as, “If you wish to make a legal claim upon someone, the burden of proof is on you.” The Gemara considers the following verse as a source for this principle, which were instructions that Moshe gave to the Council of Elders, and Aharon and Chur before he ascended Mount Sinai (Shemos 24:14): וְאֶל־הַזְּק …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 17th, 2023

Our Gemara uses a famous principle of halakhic derivation, אֵין רִיבּוּי אַחַר רִיבּוּי אֶלָּא לְמַעֵט an inclusionary statement following another inclusionary statement implies an exclusion.  Arvei Nachal (Parashas Eikev) sees this Torah idea as valid in all spheres of existence, and not merely derashos.  A person who seeks to aggrandize himself will lead to his diminishment.   Socra …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 15th, 2023

We learned in our Mishna on Amud Beis, that according to the Tanna Kamma, an ownerless ox that gored and killed someone is still executed. This suggests that killing of a murderous ox is not merely a punishment for the owner but even a punishment for the ox.  At first glance, this would seem absurd, to hold an ox liable for its choices, as if it is intelligent.  However, we have already seen that the Talmudic view of animal thought is m …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 15th, 2023

Our Gemara on Amud Aleph discusses the payment requirements of someone who hit a woman causing an unborn child to miscarry. The perpetrator must pay the father of the unborn compensation for loss. The Netziv (Shu”t Meishiv Davar 4:35) makes an important observation that has implications for the philosophy of marriage. Netziv says, you might wonder how the Gemara assumed it was obvious that the father was entitled to damages, even if he neve …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 14th, 2023

Our Gemara on Amud Beis refers to the fine paid by the owner of an ox who gores and kills a Canaative slave. The amount is set at 30 shekel, regardless of the actual worth of the slave.  The gemara considers this a stringency, which then has implications in terms of inferences to and from other related laws, via reasoning of a kal v’chomer. The commentaries raise an obvious question: Why is this fixed amount assumed to be a stringency? …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 13th, 2023

Our Gemara on Amud Beis discusses the use of the Hebrew word “es”, which has no English translation, but signals an association between a significant object, and other less significant objects that are subsumed within the context. Thus, Rabbi Akiva famously derives from “Es Hashem Elokecha Tira” “Es Hashem your God you must fear” (Devarim 6:13), to include fear for Torah sages under the directive to fear God. T …
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