Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 7th, 2024

Our Gemara on Amud Beis refers to the principle of ba’alayv imo. Ordinarily the borrower of an object has full liability, even for unavoidable accidental losses with zero neglect on his part. However, if the owner was employed by the borrower in some for of labor at the time of the lending, then the borrower is exempt from liability.   The Ateres Yeshua on Parashas Mishpatim adds a symbolic meaning to this legal tort: God is the owner, …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 6th, 2024

Our Gemara on Amud Beis makes a reference to a Torah discussion that apparently transpired while the participants were hiding out in a cave. Rav Yaakov Emden comments on this: You see how much they cherished Torah, that even under duress hiding out in fear, they engaged in study.   Torah scholarship is in many ways different than other intellectual pursuits. Art, music, science and philosophy flourish with emotional, social and financial sta …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 5th, 2024

Our Gemara on Amud Aleph discusses an interesting judicial ethic, based on a verse in Mishle (31:8) that one must help the mute express himself.  Even though a judge must be careful not to show bias nor advocate for a particular side, if he sees the person is having difficulty expressing himself because he is nervous or cannot organize his thoughts, he may “judiciously” offer him help (see Shulkhan Arukh Choshen Mishpat 17:9). &n …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 4th, 2024

Our Gemara on amud refers to the principle of stam kinyan lekesiva omed:   A symbolic act of acquisition indicates one’s intention to do everything possible to finalize the transaction as soon as possible without waiting for the actual transfer of the item. Therefore, it is assumed that the parties would desire that a document be written, and no explicit authorization is necessary.     When the Gemara uses the term kinya …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 2nd, 2024

Our Gemara at the end of amud aleph into amud beis makes a rule regarding a situation when negative and critical speech, l’shon hara, is permitted:   ื›ึผึนืœ ืžึดื™ืœึผึฐืชึธื ื“ึผึฐืžึดืชึฐืึทืžึฐืจึธื ื‘ึผึฐืึทืคึผึตื™ ืชึผึฐืœึธืชึธื, ืœึตื™ืช ื‘ึผึธื”ึผ ืžึดืฉึผืื•ึผื ืœึดื™ืฉึผืึธื ึธื ื‘ึผึดื™ืฉืึธื   Rabba bar Rav Huna says: Any matter that is said in the presence of three people is not subject to the prohibitio …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 2nd, 2024

Our Gemara on Amud Beis weighs the effectiveness of an objection raised by an owner, claiming that somebody is squatting on his property, however, the claim was said in a circumstance or situation where it was not likely to reach the ears of the alleged squatter. This potentially is a problem because on the one hand, it doesn’t serve the squatter warning so he might not have maintained or secured properly his contract of sale, which might a …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 1st, 2024

Our Gemara on Amud Aleph discusses the legal and mercantile determination of Ayin Yaffa, which we can translate as “generous attitude and terms of sale”. This is expressed in the opinion of Rabbi Akiva, who says:    One who sells, sells generously, and he is presumed to have included in the sale even items that were not explicitly specified. For example, if one sold land and retained ownership of a pit or a cistern. In that …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 31st, 2024

Our Gemara discusses a scenario whereby a farmer expends a kor of seed to sow and retrieves only a kor of produce, resulting in a net zero gain. In such a case, the consumption is not sufficient to establish a chazakah. Since he’s not making any profit; it doesn't raise enough interest on any other potential claimants to make an official objection.   One of the most famous examples of a net zero gain is the Fox Parable from Koheles Rab …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 30th, 2024

Our Gemara on Amud Aleph discusses the legal process known as Shuda Dedayni, which we can translate as judicial discretion. That is, in certain legal situations where there is no evidence to prove one litigant’s possession over the other, the judges are allowed discernment and subjective impressions to use in their rulings. This is different from what we discussed in the prior daf, whereby via Kol De’alim Gavar, the judges recuse them …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 29th, 2024

Our Gemara on Amud Beis discusses certain legal situations where both claimants have an equally valid argument, and one has no default assumption of ownership over the other:   There was an incident where two people dispute the ownership of property. This one says: It belonged to my ancestors and I inherited it from them, and that one says: It belonged to my ancestors and I inherited it from them. There was neither evidence nor presumptive o …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 28th, 2024

Our Gemara on Amud Beis discusses an interesting legal analysis. In Jewish Law, as in secular law, possession itself confers a powerful presumption of ownership. However, if witnesses testify about the origin point of possession to the extent that it undermines the presumptive owner’s credibility, possession loses its legal force. But what would be the case if the possessor offered an alternative narrative while still not contradicting the …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 26th, 2024

Our Gemara on Amud Aleph discusses certain situations where the Rabbis of the Bais Din do not overturn a ruling when later evidence and new doubts arise over the original testimony. Simply put, once there is a verdict, the burden of proof to overturn the evidence is much higher. After a legal matter was decided, the “greater good” value of preserving the courts’ popular authority trumps the need to review prior evidence. This is …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 26th, 2024

Our Gemara on Amud Aleph discusses the legal disposition of two sets of witnesses who cancel each other out, essentially, mutually discrediting the other’s testimony. The reasoning is as follows: Since at least one of them must be lying, thereby due to the conservative nature of law, we cast a shadow of doubt on the legitimacy of both testimonies.   Malbim (Bamidbar 16:28) uses this legal distinction to explain Moshe’s atypical r …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 25th, 2024

Our Gemara on Amud Aleph recognizes that it is a valid argument for a claimant to maintain he was unaware someone was occupying his land due to him being preoccupied at the market, and was engaged in intense business and trade.    This brings to mind an inspirational historical fact about one the most respected poskim of Jewish history. Rav Avraham Danzig (1748-1820) authored numerous works, most famously his Chayye Adam and Chochmas Ad …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 24th, 2024

Our Gemara on Amud aleph discusses that the presumption of ownership established via occupation over three years must be consecutive, and not interrupted by any time of non-occupation.    Sefer Daf al Daf uses this idea to explain a verse more deeply. Regarding the obligations to tithe produce, the verse states (Devarim 14:28):   ืžืงืฆื” ืฉืœืฉ ืฉื ื™ื ืชื•ืฆื™ื ืืชึพื›ืœึพืžืขืฉืจ ืชื‘ื•ืืชืš ื‘ืฉื ื” ื”ื”ื•ื ื•ื”ื ื—ืช ื‘ืฉ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 23rd, 2024

Our Gemara on Amud Beis discusses the ruling that testimony that one occupied a field or home for three years consecutively without any claims, it establishes a presumption of ownership. Yet this chazakah is only used to support a valid claim, such as, “I purchased this land many years ago and lost the bill of sale.” But if he makes no claim other than he occupied it with no challenges, even if he had testimony that he lived there for …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 22nd, 2024

Our Gemara on Amud Beis discusses the famous lomdishe concept of Bereira. Bereira is the idea of retroactive designation. For example, say you have a barrel of untithed wine, and you designate the last ounces to be Terumah, without actually separating them. The wine is now a combined mix of sacred Terumah and Chulin, but if one allows for Bereira, then the initial act of declaring the tithe falls on whatever ounces of wine are left at the end of …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 21st, 2024

Our Gemara on Amud Aleph discusses the prohibition of cutting down a fruit bearing tree. This is a matter that is taken seriously, and the Gemara even relates a story about someone who died, apparently from the spiritual backlash of this destructive act.
Rabbenu Yonah (Shaarey Teshuva 3:82) says this prohibition extends to any wasteful or destructive act, and warns to not even waste a penny. While this commandment is common sense and basic …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 19th, 2024

Our Gemara on Amud Beis offers segulos for wisdom and wealth:
ืืžืจ ืจื‘ื™ ื™ืฆื—ืง: ื”ืจื•ืฆื” ืฉื™ื—ื›ื™ื – ื™ื“ืจื™ื, ื•ืฉื™ืขืฉื™ืจ – ื™ืฆืคื™ืŸ, ื•ืกื™ืžื ื™ืš: ืฉืœื—ืŸ ื‘ืฆืคื•ืŸ ื•ืžื ื•ืจื” ื‘ื“ืจื•ื. ื•ืจื‘ื™ ื™ื”ื•ืฉืข ื‘ืŸ ืœื•ื™ ืืžืจ: ืœืขื•ืœื ื™ื“ืจื™ื, ืฉืžืชื•ืš ืฉืžืชื—ื›ื ืžืชืขืฉืจ – ืฉื ืืžืจ: ืืจืš ื™ืžื™ื ื‘ื™ืžื™ื ื”, ื‘ืฉืžืืœื” ืขืฉืจ ื•ื›ื‘ื•ื“ืด.
Rabbi Yitzแธฅak says: One who …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 19th, 2024

Our Gemara on Amud Aleph discusses the habits of a chick-dove that does not fly, and merely hops, in that it will not stray further than line-of-sight to its nest. This has implications to determining its origin and ownership if it is found nearby.
The Torah uses a nest as a metaphor for being in Hashem’s embrace as is stated in Devarim (32:6):
ื”ืœื•ืึพื”ื•ื ืื‘ื™ืš ืงื ืš ื”ื•ื ืขืฉืš ื•ื™ื›ื ื ืš
Is not this the Fat …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 18th, 2024

Our Gemara on Amud Aleph tells us about Rav Yosef, one of the most respected sages of the Talmud, who describes himself as more sensitive than typical. This has halachic implications for what types of nuisances and pollution his neighbors must remove. In a different Gemara (Succah 29a), Rav Yosef’s sensitivity also has implications on when he is exempted from the mitzvah of Succah, with a lower threshold of tolerance for discomfort than oth …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 17th, 2024

Our Gemara on Amud Aleph discusses ways in which the usual rabbinic market protections do not apply to teachers of Torah, thus one melamed cannot object to another encroaching on his territory. The reason is that competition makes for better education. The Gemara’s wording is more broad, suggesting a larger application:
ืงื ืืช ืกื•ืคืจื™ื ืชืจื‘ื” ื—ื›ืžื”.
Jealousy among teachers increases wisdom
This is taken as a bro …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 16th, 2024

  Our Gemara on Amud Aleph offers ancient wisdom and ideas regarding pedagogy of young school children:   ืืžืจ ืœื™ื” ืจื‘ ืœืจื‘ ืฉืžื•ืืœ ื‘ืจ ืฉื™ืœืช: ืขื“ ืฉื™ืช ืœื ืชืงื‘ื™ืœ, ืžื›ืืŸ ื•ืื™ืœืš – ืงื‘ื™ืœ, ื•ืืกืคื™ ืœื™ื” ื›ืชื•ืจื. ื•ืืžืจ ืœื™ื” ืจื‘ ืœืจื‘ ืฉืžื•ืืœ ื‘ืจ ืฉื™ืœืช: ื›ื™ ืžื—ื™ืช ืœื™ื ื•ืงื, ืœื ืชื™ืžื—ื™ ืืœื ื‘ืขืจืงืชื ื“ืžืกื ื. ื“ืงืืจื™ – ืงืืจื™, ื“ืœื ืงืืจื™ – ืœ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 15th, 2024

Our Mishna on Amud Beis discusses that though one may object to a neighbor opening a store in a residential courtyard, if the neighbor teaches Torah to children he is allowed to do so despite the traffic and noise pollution.    Our sages had much to say about the value of young children learning Torah. The Gemara Shabbos (119b) famously states:   ืืžืจ ืจื™ืฉ ืœืงื™ืฉ ืžืฉื•ื ืจื‘ื™ ื™ื”ื•ื“ื” ื ืฉื™ืื”: ืื™ืŸ ื”ืขื•ืœื ืžืชืง …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 4th, 2024

As part of an ongoing discussion regarding the effects of various constructions and substances on adjoining properties, and the requirements of neighbors to each other, the Gemara on amud aleph noted a property of sand:  “It heats hot items and cools cold items”, which has implications about whether it would cause damage to a neighboring wall.    Sand is fascinating and therefore the subject of symbolic meaning and proj …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 12th, 2024

Our Gemara on amud aleph discusses the damage that mustard might cause to a nearby beehive, and the various liabilities that neighbors have toward each other:   “One must likewise distance mustard from bees that are in a neighbor’s field.”   Rashi explains that the mustard is sharp and that taste causes the bees to seek out a sweet taste afterward, inducing them to consume their own honey. Which is, of course, a loss o …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 12th, 2024

Our Gemara at the end of 16b and beginning 17a teaches us that certain great tzaddikim were able to get a taste of the World to Come, while still alive on this earth. One of these righteous persons was our forefather, Yaakov.   Be’er Mayyim Chaim (Bereishis 32:33) expands on this concept with an interesting take in regard to the ancient Jewish custom and prohibition of not eating the sciatic nerve.   After Yaakov’s mostly su …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 11th, 2024

Our Gemara on amud aleph discusses some of Iyov’s complaints and confusion regarding his seemingly undeserved suffering and calamities:   “The earth is given into the hand of the wicked, he covers the faces of its judges; if not he, then who is it?” (Job 9:24). Rava says: Job sought to turn the bowl upside down, that is to say, he alluded here to a heretical thought, as he said that the earth is given into the hand of the w …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 10th, 2024

Our Gemara on amud beis laments the sad state of affairs during the Biblical Era of the Judges   And further, with regard to Rabbi Elazar’s statement in the baraisa that the generation of the judging of the Judges was one of vanity, Rabbi Yoแธฅanan says: What is the meaning of that which is written: “And it happened in the days of the judging of the Judges” (Ruth 1:1)? This indicates a generation that judged its judges. If …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 9th, 2024

Our Gemara on amud beis tells us about the contents of the Holy Ark:    “Both the second set of tablets and the broken pieces of the first set of tablets were placed in the Ark.”   Why keep the broken tablets in the Ark?  What prominence and lesson do they hold? Tiferes Shlomo (Sha’ar Hatefila) explains, based on a Zohar (III:283a), that the human heart has two chambers.  One chamber represents the aspec …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 8th, 2024

Our Gemara on amud beis discusses the legal position of Raban Shimon ben Gamliel regarding the splitting of a courtyard that was held in partnership but it is too small to divide in half and still retain its function or description, such as each part would be less than four cubits:   If a courtyard or the like was not large enough to warrant division into two, and one of the co-owners said to the other: You take a minimum measure of the cour …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 7th, 2024

Our Gemara on Amud Aleph discusses the status of a former doorway that was sealed, and at what point is it considered fully sealed with no remnant.  There can be many halachic implications, such as if the door still requires a mezuzah, or if the rights to a loading and unloading area are forfeited to the other occupants of the area.   There is an interesting mystical concern about closing doorways and windows, asserted by Sefer Chasidim …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 5th, 2024

Continuing the discussion about the power of tzedakah, our Gemara on Amud Aleph tells us about a Gentile king who flouted his family’s hoarding of wealth, and instead donated his assets to charity.    ืชื ื• ืจื‘ื ืŸ: ืžืขืฉื” ื‘ืžื•ื ื‘ื– ื”ืžืœืš, ืฉื‘ื–ื‘ื– ืื•ืฆืจื•ืชื™ื• ื•ืื•ืฆืจื•ืช ืื‘ื•ืชื™ื• ื‘ืฉื ื™ ื‘ืฆื•ืจืช, ื•ื—ื‘ืจื• ืขืœื™ื• ืื—ื™ื• ื•ื‘ื™ืช ืื‘ื™ื•, ื•ืืžืจื• ืœื•: ืื‘ื•ืชื™ืš ื’ื ื–ื• ื•ื”ื•ืกื™ืคื• ืขืœ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 5th, 2024

Our Gemara on Amud Aleph records an important theological discussion about the nature of God and Man, and why God leaves certain aspects of civilization in the hands of man to correct and protect;   ืชื ื™ื: ื”ื™ื” ืจื‘ื™ ืžืื™ืจ ืื•ืžืจ, ื™ืฉ ืœื• ืœื‘ืขืœ ื”ื“ื™ืŸ ืœื”ืฉื™ื‘ืš ื•ืœื•ืžืจ ืœืš: ืื ืืœื”ื™ื›ื ืื•ื”ื‘ ืขื ื™ื™ื ื”ื•ื, ืžืคื ื™ ืžื” ืื™ื ื• ืžืคืจื ืกืŸ? ืืžื•ืจ ืœื•: ื›ื“ื™ ืฉื ื™ืฆื•ืœ ืื ื• ื‘ื”ืŸ ืžื“ื™ื ื” ืฉ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 4th, 2024

Our Gemara on Amud Beis extols the virtue and impact of even small amounts of tzedakah:   Rabbi Elazar: What is the meaning of that which is written: “And He donned charity like a coat of plated armor” (Isaiah 59:17)? This verse serves to tell you that just as with regard to a coat of armor, each and every scale of which it is fashioned combines to form one large coat of mail, so too with regard to charity, each and every peruta …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 3rd, 2024

Our Gemara on Amud Aleph continues to discuss the protective power of Torah study:   ืื“ื ื‘ื™ืื™ – ื“ื›ืชื™ื‘: ืดื’ื ื›ื™ ื™ืชื ื• ื‘ื’ื•ื™ื ืขืชื” ืืงื‘ืฆื, ื•ื™ื—ืœื• ืžืขื˜ ืžืžืฉื ืžืœืš ื•ืฉืจื™ืืด – ืืžืจ ืขื•ืœื: ืคืกื•ืง ื–ื” ื‘ืœืฉื•ืŸ ืืจืžื™ืช ื ืืžืจ: ืดืื™ ืชื ื•ืด ื›ื•ืœื”ื• – ืดืขืชื” ืืงื‘ืฆืืด, ื•ืื ืดืžืขื˜ืด ืžื”ื – ืดื™ื—ืœื• ืžืžืฉื ืžืœืš ื•ืฉืจื™ืืด.   And you have tran …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 2nd, 2024

In our Gemara on Amud Beis, Reish Lakish offers a proof text that sages benefit from a divine shield and watchtower protecting them:   “I am a wall and my breasts are like towers” (Song of Songs 8:10), which may be explained as follows: “I am a wall”; this is referring to the Torah. “And my breasts are like towers. These are Torah scholars, who are as towers, and do not require additional protection.” &nbs …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

July 1st, 2024

Our Gemara on Amud Beis describes various partitions between two yards and their function. One of them is known as misepas, which can be a barrier, only ten handbreadths high, and a smaller barrier, even less than ten handbreadths. Both small partitions are ineffective in keeping out intruders or line of sight, but the taller one is big enough that a trespasser cannot innocently claim he didn’t realize he was on private property. This has c …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 30th, 2024

Our Gemara on amud aleph discusses what legal assumptions can be made when a borrower claims to have paid back a loan, but the lender refuses.    ื’ึผึฐืžึธืณ ืึธืžึทืจ ืจึตื™ืฉื ืœึธืงึดื™ืฉื: ื”ึทืงึผื•ึนื‘ึตืขึท ื–ึฐืžึทืŸ ืœึทื—ึฒื‘ึตื™ืจื•ึน, ื•ึฐืึธืžึทืจ ืœื•ึน: ืดืคึผึฐืจึทืขึฐืชึผึดื™ืšึธ ื‘ึผึฐืชื•ึนืšึฐ ื–ึฐืžึทื ึผึดื™ืด – ืึตื™ื ื•ึน ื ึถืึฑืžึธืŸ; ื•ึผืœึฐื•ึทืื™ ืฉืึถื™ึผึดืคึฐืจึทืข ื‘ึผึดื–ึฐืžึทื ึผื•ึน. …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 28th, 2024

Our Gemaraq on amud aleph discusses financial responsibilities when someone with a bordering property builds a fence that will benefit the other person as well, since the back of the fence will also protect the other property:   ื”ึทืžึผึทืงึผึดื™ืฃ ืึถืช ื—ึฒื‘ึตื™ืจื•ึน ืžึดืฉึผืึธืœึนืฉื ืจื•ึผื—ื•ึนืชึธื™ื•, ื•ึฐื’ึธื“ึทืจ ืึถืช ื”ึธืจึดืืฉืื•ึนื ึธื” ื•ึฐืึถืช ื”ึทืฉึผืึฐื ึดื™ึผึธื” ื•ึฐืึถืช ื”ึทืฉึผืึฐืœึดื™ืฉืึดื™ืช &ndas …
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