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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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 12th, 2023

Our Gemara on Amud Beis quotes a verse from Vayikra (1:2): Speak to the Israelite people, and say to them: When any amongst you presents an offering from cattle to Hashem, You shall choose your offering from the herd or from the flock. Our Gemara derives various exclusions from the qualifiers in this verse (“from the…”, and “amongst”) to render certain animals as unfit for sacrifice, such as those used for immoral a …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 11th, 2023

Our Gemara on Amud Aleph discusses the case of an ox owned by a minor or a mentally incompetent person. It can also be established as a muchzak to be aggressive and gore people via three incidents, but since the owner is incompetent, an agent or guardian must be established.  The guardian serves in place of the owner and is warned by three incidents, in the same way that owner would have been if he was competent.   What is most fas …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 10th, 2023

Our Gemara on amud aleph records a discussion between Ulla and the Babylonian sages, where Ulla takes a strong position regarding how one should be careful in what he says and implies at a mourner’s home: Ulla said to them: What business do I have with the consolation of Babylonians, which is actually heresy? As they say while consoling mourners: What can be done? This seems to suggest that if it were possible to do something, acting agains …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 8th, 2023

Our Mishna on Amud Aleph rules that even if an ox will become forewarned, that is, established as one who tends to gore its own kind, it is not established as dangerous to other species. Likewise, if it is established to gore humans, it is not automatically established to gore animals. Based on this, Yismach Moshe (Vayeshev) raises an aggadic contradiction. The Gemara Shabbos (151a) teaches: An animal does not overpower a person until he appears …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 8th, 2023

Our gemara on amud beis records Shmuel calling Rabbi Yehuda, “Shinnenah”, which seems to be a nickname for a fellow who has big teeth.  (Hafla'ah ShebaArakhin on Sefer HeArukh, Letter Shin 85, quoting Rav Hai Goan.) This would seem to indicate that it is permitted to call someone a nickname, at least if it is meant in a non-offensive manner. This runs against the sentiment stated in Bava Metzia’a (58b): Anyone who descends …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 7th, 2023

Our Gemara on Amud Aleph discusses the famous principle of Kim Ley Bederabba Miney, that if one incurs a death penalty, he is no longer subject to financial penalties. That is understandable to a degree, as any judicial system needs to take into account with compassion how much punishment a person can absorb. What is more difficult to understand is Debey Chizkiya’s formulation that even in situations of error, when no actual death penalty w …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 6th, 2023

Our Gemara on Amud Aleph discusses the liabilities and after effects from an ox that gores another ox and injures it. The Gemara says that the owner of the damaging ox is liable for further deterioration in health and value of the ox. This is because the owner of the injured ox can claim, “The horn of your ox is still buried in my ox”. That is to say, the effects of the original attack continue. Bereishis Rabbah (2:4) states that Gree …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 5th, 2023

Our Gemara on Amud Aleph describes the liabilities of an employer whose worker enters his property to collect payments and is bit by his dog. The question of liability revolves around a misunderstanding of the word, “Yes”. Did it mean, “Yes, enter”, or “Yes, I acknowledge your presence at the gate and I will come to greet you.” Regardless of the halakhic outcome, the worker who assumed the homeowner meant, &ldq …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 4th, 2023

Our Gemara on Amud Beis describes how the sages would greet the Shabbos: Rabbi Yannai would wrap himself in his tallis and stand at the eve of Shabbos at twilight, saying: Come, bride; come, bride.  Ben Yehoyada comments that the Arizal would recite the greeting three times, corresponding to Chokhma, Bina and Daas. He says this corresponds to the three realms of interaction: Thought, Speech and Action. Since thought is hidden, one of the rec …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 3rd, 2023

Our Gemara on Amud Aleph discusses the liabilities of one who trips, and then another trips on him. Even though there is a dispute about this liability between Rabbi Meir and the Chachamim, all agree that if the person tripped and did not get up within a normal interval, he then becomes liable if someone trips on him. The Aramaic word used in the Gemara is Niskal, which is phonetically and linguistically equivalent to the Hebrew word nichshal, wh …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 1st, 2023

Our Gemara on amud aleph discusses practices of the Chassidim Rishonim, a sect of sages who were distinguished by taking upon themselves strict requirements of piety. תָּנוּ רַבָּנַן: חֲסִידִים הָרִאשׁוֹנִים הָיוּ מַצְנִיעִים קוֹצוֹתֵיהֶם וּזְכוּכִיּוֹתֵיהֶם בְּתוֹךְ שְׂדוֹתֵיהֶן, וּמַעֲמִיקִים לָהֶן שְׁלֹשָׁה טְפָ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

December 1st, 2023

Our Gemara on amud beis informs us of a legality involving a twilight zone of ownership and non-ownership:   The Gemara states that there are two entities that are not in a person’s legal possession and nevertheless the verse rendered them as though they were in his possession with regard to certain halakhic responsibilities. And these are: A pit that he dug in the public domain and leavened bread remaining in his possession on the eve …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 30th, 2023

Our Gemara on Amud Beis discusses the well-known principle that the Torah does not hold a person liable for sins committed that he could not stop or control, or if he was compelled by an overpowering force, or committed them under life threatening conditions.  The precise language is, “The Merciful One exempts a victim of circumstances beyond his control.” Rav Simcha Bunim Mipeshischa (Kol Mevaser II:Rosh Hashanah) notes the mann …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 29th, 2023

Our Gemara on Amud Beis discusses the principle of Avid Inish Dina Lenafshe, which is to the extent that a person can take the law into his own hands to protect, or recover his possessions. There are times where it may be permitted to even resort to violence to protect one's possessions, see Shulkhan Arukh (CM 4). Of course, the potential for vigilantism and rationalization for out of control behavior is considerable, so one should be both well-v …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 28th, 2023

Our Gemara and Mishna on Amud Aleph discuss the idea of Adam Muad Le-Olam: “The legal status of a person is always that of one forewarned. Therefore, whether the damage was unintentional or intentional, whether he was awake while he caused the damage or asleep, whether he blinded another’s eye or broke vessels, he must pay the full cost of the damage.” There is a three-way dispute amongst the Rishonim as to the extent of this li …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 27th, 2023

Our Gemara has on Amud Aleph discusses the source for the principle of Dayo Laba Min Hadin Liyhos Kanidon. Dayo is a limiting principle on the derivation of a Kal Vachomer. A kal v’chomer is the first of the thirteen hermeneutical principles that tradition says we use to understand and derive Torah laws. A kal v’chomer works by making an assumption that if this rule applies to one one situation, surely in a more stringent situation it …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 26th, 2023

Our Gemara on Amud Aleph discusses a process by which we can discern if an ox who became accustomed to goring can recover its prior status of a docile ox, thereby reducing the owner’s liability back to half damages. וְתָם – שֶׁיְּהוּ הַתִּינוֹקוֹת מְמַשְׁמְשִׁין בּוֹ וְאֵינוֹ נוֹגֵחַ And it reverts to its former innocuous status if children touch it and nevertheless it does n …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 23rd, 2023

On amud beis Tosafos (“Velichayev”) infers from our Gemara that there is a stronger moral obligation and expectation that one safeguards his possessions from damaging others than from being damaged. Thus, in the case where a dog enters an area and grabs a cake with a hot coal attached to it, which ends up causing a fire, we expect the owner of the coals to be mindful that a dog might enter and he therefore shares liability with the do …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 24th, 2023

Our Gemara on Amud Beis discusses the concept of damages caused by fire. There is a principle known as “Isho Mishum Chiytzav”, which means that the fire is not merely treated as a possession that he must watch, but it is like his arrow.  The action of sending a fire has implications as if he caused the damage directly from a physical action. אָמַר רָבָא: קְרָא וּמַתְנִיתָא מְסַיַּיע לֵיהּ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 23rd, 2023

Our Gemara on amud aleph observes that a desolate, abandoned home seems to deteriorate more rapidly, offering a squatter a rationale for how they benefit the owner. What causes an abandoned structure to become decrepit? The Gemara offers a concrete reason: the occupant makes small repairs on the spot, thereby mitigating larger damage. Consider a home with a small leak—if repaired, the damage is contained. However, if left unchecked, the lea …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 22nd, 2023

Our Gemara on amud aleph discusses the legal implications where one person derives benefit from someone else, but there was no loss incurred. This is not to say that it is permitted to squat on someone’s property, but the Gemara considers that in situations where there is zero loss and wear and tear, there can be no financial liability on the beneficiary.  Rav Shlomo Kluger (Chokhmas HaTorah, Toldos) uses this legal reasoning to explai …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 21st, 2023

Our Gemara on Amud Bais states that while it's expected for an animal to eat, if it eats from a table—this unusual behavior results in categorizing the damage as non-usual, subject only to half-damages. This observation of an animal's atypical behavior brings to mind the well-known Rav Nachman story (found in Sippurei Ma’asiyos). The story, available on the Breslov.org website (https://breslov.org/rebbe-nachmans-story-the-turkey-princ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 20th, 2023

Our Gemara from 17b to 18a discussed how certain actions are viewed, from their inception or from their end point?  For example, if an animal stomps upon a vessel, and the vessel does not break, but then from that force, rolls and breaks. If we follow the initial stomp, it would be the damage of “foot”, requiring full payment.  But if we follow the end, where the vessel broke by banging into another object, this is comparabl …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 19th, 2023

At the end of 16b and the top of 17 Amud Aleph we learn that as a tribute to King Chizkiyahu, they set up a Yeshiva by his grave, and studied there.    Tosafos (16b) raises the question how could they have done this, since a dead person is not obligated or able to study torah, this would be a violation of “mocking a poor person.” Meaning the verse in Mishle (17:5) warns against the insensitivity of rubbing a person's deficie …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 17th, 2023

Our Gemara on Amud Beis tells us: שִׁדְרוֹ שֶׁל אָדָם – לְאַחַר שֶׁבַע שָׁנִים נַעֲשֶׂה נָחָשׁ. וְהָנֵי מִילֵּי דְּלָא כָּרַע בְּ״מוֹדִים״. A person’s spine, seven years after his death, metamorphoses into a snake. The Gemara qualifies the last statement: And this matter applies only to a case where that person did not bow during the blessing of t …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 17th, 2023

Our Gemara on Amud Beis discusses the status of the snake, and the liability its owners would incur due its tendency to bite.  The damage of “tooth” (what an animal eats) is exempt in the public domain and only obligated if it enters a private domain, because it has a strong desire and benefit from eating, and so the owner is held less liable in the more chaotic, uncontrolled situation of public hustle and bustle.  A snake b …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 15th, 2023

  Our Gemara on Amud Beis quotes a verse that serves as the source that payment for damages can come from assessing the value of any movable object that has worth. תָּנָא: ״שָׁוֶה כֶּסֶף״ – מְלַמֵּד שֶׁאֵין בֵּית דִּין נִזְקָקִין אֶלָּא לִנְכָסִים שֶׁיֵּשׁ לָהֶן אַחְרָיוּת. וְהָתַנְיָא: ״יָשִׁיב״ – לְרַבּוֹת …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 15th, 2023

Our Gemara on Amud Beis discusses the halakhic distinctions of an Ox that was set aside for a Shelamim sacrifice and gores another ox.  This is a technically complicated legal discussion, but please bear with me, as it will lead to an interesting moral and psychological observation.  Since according to one opinion, the Shelamim sacrifice is considered to be still a possession of the owner, and when a regular ox gores, half the damages i …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 14th, 2023

Our Gemara on Amud Aleph references the idea that all land is linked, allowing the act of acquisition of one property to affect the acquisition of another, unlike chattel (movable objects). Sefer Daf al Daf quotes Rabbi Akiva Eiger (Shu”t 4:11) who asks a question based on this teaching. The verse in Bereishis (28:13) tells us that Hashem promises Yaakov that the land he was sleeping on would one day become his possession: הָאָ֗רֶץ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 13th, 2023

Tosafos on Amud Aleph (“D-Eyn”) makes a distinction between what induces the halakhic state of impurity of Niddah, such as for purposes of maintaining ritual purity in the Temple era for sacrificial meats and foods, and the prohibition against sexual intercourse. One might think they are identical, but they are not, and sometimes one state will not necessarily imply the other. Rav Soloveitchik (Reshimos Shiurim, ibid) notes that the K …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 12th, 2023

  Our Gemara discusses how to interpret the following verse in (Shemos 21:33-34): וְכִֽי־יִפְתַּ֨ח אִ֜ישׁ בּ֗וֹר א֠וֹ כִּֽי־יִכְרֶ֥ה אִ֛ישׁ בֹּ֖ר וְלֹ֣א יְכַסֶּ֑נוּ וְנָֽפַל־שָׁ֥מָּה שּׁ֖וֹר א֥וֹ חֲמֽוֹר׃ If a man uncovers a pit, or if a man digs a pit, and does not cover it, and an ox or a donkey falls into it: בַּ֤עַל הַב …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 10th, 2023

Our Gemara on Amud Beis discusses the principle of Hiddur Mitzvah. There is an additional requirement beyond fulfillment of a mitzvah; that is to honor a mitzvah by somehow beautifying it. Rabbi Zeira said that for the embellishment of the performance of a mitzvah, one should spend up to one-third more than the cost. There is an apparent dispute between Rashi and Tosafos regarding the interpretation of "⅓ more." According to Rashi, one should s …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 10th, 2023

Our Gemara on Amud Aleph states: רָבִינָא אָמַר בִּדְעוּלָּא פְּלִיגִי דְּאָמַר עוּלָּא דְּבַר תּוֹרָה בַּעַל חוֹב בְּזִיבּוּרִית שֶׁנֶּאֱמַר בַּחוּץ תַּעֲמוֹד וְהָאִישׁ אֲשֶׁר אַתָּה נֹשֶׁה בוֹ יוֹצִא אֵלֶיךָ אֶת הַעֲבוֹט הַחוּצָה מָה דַּרְכּוֹ שֶׁל אָדָ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 9th, 2023

Our Gemara on Amud Aleph notes that the Hebrew form of Yeshalem (“He shall pay”) connotes being involuntarily forced to pay, as opposed to the passive tense, Yushlam (“Payment shall occur” or “It shall be paid”). The Sefer Daf al Daf quotes a question from the Parashas Derachim (Derush 26). Rus Rabbah (5:4) records a seemingly superfluous comment on the following verse (Rus 2:12): יְשַׁלֵּ֥ם ה׳ יְ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 8th, 2023

The Gemara on Amud Aleph and Bais delves into a complex lomdishe discussion regarding various forms of damages and factors that influence leniency or stringency. For instance, fire, as a damaging force, also has wind mixed into it, which can propel the fire into another person's property. In contrast, a pit solely causes damage by the fall itself. In a separate scenario, the Gemara addresses the case of someone who directed their sewage pipe into …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 7th, 2023

Rashi, at the beginning of Amud Aleph, makes a distinction between financial restitution and fines. He articulates that when the payment is a fixed amount rather than being contingent on repair or repayment, it is considered a fine. This categorization and differentiation between restitution and fines are logically accepted by the Gemara, indicating that it is recognized, at least in the Oral tradition. This recognition is evident in legal distin …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 6th, 2023

In our Gemara on Amud Aleph, an intriguing expression is employed to delineate the liabilities incurred by an ox that gores, as opposed to one that tramples or eats, and causes damage. The distinction lies in the fact that when the animal eats or tramples, it possesses no "intention" to cause harm, whereas when the ox gores, it "intends" to cause damage. You might wonder if the English word "intent" is a poor translation of the Aramaic term, but …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 4th, 2023

Our Gemara on Amud Aleph quotes a verse in Yeshaiya (32:20): אַשְׁרֵיכֶ֕ם זֹרְעֵ֖י עַל־כׇּל־מָ֑יִם מְשַׁלְּחֵ֥י רֶגֶל־הַשּׁ֖וֹר וְהַחֲמֽוֹר "Happy shall you be who sow by all waters, who send out cattle and donkeys to pasture." Derashos Maharal (Derash Al HaTorah 5) understands this verse as referring to the impact of Torah on a person and what it yields when engaged with pr …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

November 3rd, 2023

Our Gemara begins by describing four principal kinds of damages: מַתְנִי' אַרְבָּעָה אֲבוֹת נְזִיקִין הַשּׁוֹר וְהַבּוֹר וְהַמַּבְעֶה וְהַהֶבְעֵר MISHNA: There are four primary categories of damage: The category of Ox; and the category of Pit; and the category of Maveh, which, based on a discussion in the Gemara, refers either to the tooth of an animal that causes damage or t …
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