Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 6th, 2024

Our Gemara on Amud Aleph describes the visions of Rabbah Bar Hanna. In one of them he sees Mount Sinai and scorpions were encircling it. He heard a Divine Voice saying: Woe is Me that I took an oath; and now that I took the oath, who will nullify it for me? When he reported this vision to the sages, they rebuked him: You should have said to God: Your oath is nullified. The Gemara explains: Rabba bar bar Ḥana did not nullify the oath because he …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 5th, 2024

Our Gemara on Amud Aleph continues the sugya of ayin yaffa, that certain sales and/or gifts are done with a generous spirit which implies that certain extras may be included in the sale or gift. As we have seen in other blogposts, the idea of a gift of being given generously with extras also applies to spiritual gifts. Siach Sarfei Kodesh (Erev Shabbos Kodesh) uses this principal to explain an unusual phrase in the Shabbos morning Amidah. We say: …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 5th, 2024

Our Gemara on Amud Aleph delineates the parts of a boat that are included, and those not included in a sale. One part is the anchor, in Hebrew the word is igun. The Mishna gives a proof text from what Na’ami told Rus and Arpah, to discourage them from a quixotic return with her. She says (Rus 1:13): הלהן תשברנה עד אשר יגדלו הלהן תעגנה לבלתי היות לאיש  [Even if I had children in old age] should …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 4th, 2024

Our Gemara on Amud Aleph continues the sugya of ayin yaffa, that certain sales and/or gifts are done with a generous spirit which implies that certain extras may be included in the sale or gift. As we have seen in other blogposts, the idea of a gift of being given generously with extras also applies to spiritual gifts.   Siach Sarfei Kodesh (Erev Shabbos Kodesh) uses this principal to explain an unusual phrase in the Shabbos morning Amidah. …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 3rd, 2024

Our Gemara on Amud Beis describes a legal loophole, that allows for something akin to charging interest, which is normally forbidden. It is the framework on which modern day heterei iskas are formulated. Without going into the legal technicalities, we must ask ourselves is it moral to take advantage of a loophole. But in order to answer that, we must ask ourselves what is the function of a loophole.   Law is confining and constricting. It do …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 2nd, 2024

Our Gemara on Amud Beis offers a proof text for the concept of field boundaries within a sale  from the biblical story of Avraham’s purchase of the Ma’aras Hamachpela cave from Efron (Bereishis 23:17). וַיָּ֣קׇם  שְׂדֵ֣ה עֶפְר֗וֹן אֲשֶׁר֙ בַּמַּכְפֵּלָ֔ה אֲשֶׁ֖ר לִפְנֵ֣י מַמְרֵ֑א הַשָּׂדֶה֙ וְהַמְּעָרָ֣ה אֲשֶׁר־בּ֔וֹ ו …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

September 1st, 2024

Our Gemara on Amud Beis quotes a verse in Iyov to prove the definition of a particular word known as “Shelachim”, which seems to be certain kinds of fields irrigated by water.   Who gives rain upon the earth and sends [sholeaḥ] waters upon the fields” (Job 5:10)   The Gemara (Ta’anis 10a) uses the same verse to draw a distinction between how the land of Israel is supported by rain versus other lands:   Ere …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 30th, 2024

Our Gemara on Amud Aleph quotes a series of verses that describe the unfortunate and complex situation of Yonasan, who due to the deprivations of battle, was starving and took a taste from honey he had found in the forest. Unbeknownst to him, his father King Shaul, had decreed a Fast upon the troops so that they repent and merit divine assistance. Effectively, he had violated his command and was subject to the death penalty. King Shaul, under tre …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 30th, 2024

Our Gemara on on Amud Aleph discusses circumstances, under which an act to  signify acquisition and legal title of one field that is being sold automatically enacts an acquisition of other fields within the sale as well.   If one sold another ten fields in ten different regions, all in a single bill of sale, once he takes possession of one of them, he has acquired them all; and the two cases seem to be analogous.    The Gemara …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 29th, 2024

 In continuing the sugya of ayin yaffa, our daf discusses when a sale is made with a generous attitude, which has implications regarding if one sells passage rights to get to the property, even if it may inconvenience the seller. Regardless, all opinions hold that a gift, as opposed to a sale, is granted with a generous attitude.   The Torah is described by the scripture as an acquisition but also a gift (Mishle 4:2):   כי לקח …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 28th, 2024

Our Gemara on Amud Beis continued the discussion of several dappim regarding the dispute between Rabbi Akiva and the Rabbis over the attitude of the seller. Is he generous of spirit (ayin yaffa) or more parsimonious attitude, with halachic outcomes that indicate which extras get sold along with the property.   Recognizing this pattern of behavior and emotion, Meshech Chochmah (Behar) explains this as the intention of the verses that introduc …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 27th, 2024

Our Gemara on Amud Beis discusses that for a seller to imply that he is including all the underground cisterns and tunnels, he must say “from the depths of the Earth to the Height of the sky.” The English words for these boundaries do not capture the theological and contextual meaning of these words in Hebrew. The Hebrew word for “height of the sky” is rakia, and the Hebrew word for “depths of the Earth” is Teh …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 26th, 2024

Our Gemara on Amud Aleph and Beis record halachic discussions and situations when the great Amora, Rav was presented with a challenge to his argument, it was met with silence on his part. Rashbam (“Umodeh”) notes that sometimes the silence is to be interpreted as tacit admission, and other times, it is interpreted as a response to a question that is lacking in sophistication. That is, when questioned by peers who are close to his leve …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 25th, 2024

Our Gemara on Amud Beis discusses various implied conditions and additions in the sale of property. Within that discussion Rashbam notes that one cannot use a price as indicator of how much or how few extras were included in the property, because we have a general principle that there’s no such thing as overcharging or undercharging when it comes to real estate. Unlike chattel, real estate varies in price greatly and what is considered over …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 23rd, 2024

Our Gemara on Amud Aleph quotes verse in Koheles (4:12):    “A threefold twine does not quickly snap.”   The basic idea is that something threefold and intertwined has tensile strength that is beyond any single strand. There are numerous aggados that utilize this truth about material and physical properties and apply them to the spiritual. Our Gemara suggests that when there are three generations of Torah study in a fam …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 23rd, 2024

Our Gemara on Amud Beis discusses various customs of abstention from demonstrations of joy, pleasure and material wealth in order to honor and internalize being contrite over our exile.   One of the challenges in our a time of relative prosperity is to honestly feel a sense of mourning and loss. We have to recall events from the Holocaust, or more recently October 7, and the general rise of antisemitism to arouse a mood of dread. It is impor …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 22nd, 2024

Our Gemara on Amud Aleph uses an Aramaic idiom to describe slander and libel, “ochel kurtza”, for now we can translate it as “nibbling” a metaphor for gossip. This Aramaic idiom is used generally for any type of gossip, and often specifically in the Gemara, to the act of slandering the Jews to the secular government. Actually, the first use of this phrase can be found in Daniel (3:8), which speaks of the Jews being slander …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 20th, 2024

Our Gemara on Amud Aleph discusses a certain kind of plant known as Chatzuva, which was used by Yehoshua to mark property boundaries in Israel. This plant has a root structure that extends straight downward, making it a natural, long-lasting and reliable boundary marker.    This unique herbage makes an appearance in Gemara Beitzah (25b), where it sets a different kind of boundary:   Rami bar Abba also said: The sea squill, a plant …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 20th, 2024

Our Gemara on Amud Beis describes the properties of the cloak and table of the Torah sage:     Rabbi Yoḥanan asked Rabbi Bena’a: How should the garment of a Torah scholar worn under his clothes be fashioned? He replied: He can wear any garment long enough that his flesh is not visible from beneath it. Rabbi Yoḥanan asked: How should the cloak of a Torah scholar be fashioned? He replied: He can wear any garment long enough …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 19th, 2024

Our Gemara on Amud Aleph refers to a pardakhas, which is an idle person. Rashbam describes this person as follows:   A person who is idle from work, learning, derech eretz, and is not involved with settlement of the world at all.   In the style of the Gemara at times, there is no commentary or moral assessment about this person. The focus is the practical halacha, no judgements. Yet, what are we to make of this person? Is he depressed, …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 18th, 2024

Our Gemara on Amud Aleph discussed one of the ways to acquire ownerless property is to show proprietorship. For example, the great Amora, Rav acquired a garden, which had been ownerless property, by drawing an image. Rashbam says he drew pictures of animals and birds.     The fact that the Gemara (and Rashbam) casually mentions making a drawing of these figures is used as proof that this is not a violation of the prohibition (Shemo …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 16th, 2024

Our Gemara on Amud Aleph discusses the principle that a grantor of a gift has a more generous attitude and disposition (Ayin Yaffa) than one who sells the same parcel of land. This leads to assuming certain rights and/or extras are transferred in the gift of property, while in a sale, a more precise and legalistic attitude is presumed.   The Shalah (Torah_Shebiksav, Bamidbar, Nasso, Beha'alotcha, Torah Ohr, Beha'alotcha) references this prin …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 16th, 2024

Our Gemara on Amud Beis discusses circumstances where a person who is doing a noble deed such as tending to an orphan’s assets may be even more trustworthy. This is due to feeling high from the sense of worthiness, and not wanting to stoop low and discredit the personal sense of achievement.    Tosafos here (“Detarcha”) points out that Gemara (Gittin 35a) makes the opposite conclusion. A caretaker may rationalize small …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 15th, 2024

Our Gemara on Amud Aleph records a discussion where one sage mentions that the other was not within our “techum” so he was not able to join the discussion. The word “techum” in Hebrew, translates to the word boundary.    Rashbam interprets this literally, explaining that in those times they would establish the Beis Midrash (study hall) on the border of the city, allowing others from nearby cities who are within t …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 14th, 2024

Our Gemara on this daf continued to discuss the legal implications of a psychological phenomenon that a woman is more likely to dodge the truth and fib out of a wish to please her husband, and perhaps out of fear of his reaction if she did object. This is based on a mishna (Gittin 55b):    If one first purchased from the husband the rights to use a field belonging to his wife, and afterward he returned and purchased the same field from …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 13th, 2024

Our Gemara on Amud Beis describes a legal process of rejecting a pending inheritance or acquisition:   With regard to an inheritance that comes to a person from another place, i.e., an inheritance one will receive in the future, a person can make a condition about it from the outset that he will not inherit it, since one can waive his future rights to property that is not currently his.    Sod Yesharim (First Night of Pesach 46) di …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 12th, 2024

Our Gemara on Amud Aleph continues a discussion about circumstances where a person is bullied to make a sale, but still is considered valid, due to the tendency of people to make peace with a situation once they are in it. Such as, even if a person was physically threatened to sell a property, after he accepts the money, he is agreeable enough. The Gemara attempts to prove this concept from a teaching about how one can be forced to fulfill a sacr …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 11th, 2024

Our Gemara on Amud Beis discusses a counterintuitive Halacha:   אמר רב הונא: תליוהו וזבין – זביניה זביני. מאי טעמא? כל דמזבין איניש, אי לאו דאניס – לא הוה מזבין, ואפילו הכי זביניה זביני. ודילמא שאני אונסא דנפשיה מאונסא דאחריני! אלא כדתניא:   If one was suspended, e.g., from a tree, and thereby …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 9th, 2024

As is part of the text of Shas, occasionally the ancient editors and compilers would insert mnemonic words and acronyms to sum up various sections and tracts. On Amud Beis an unusual mnemonic is used: “Amalek”.   Rav Yaakov Emden notes this irony. How is it appropriate to use the name of our dreaded enemy, Amalek, of whom we are commanded to wipe out its memory, as a means to remember? The verse (Devarim 25:19) commands: “Y …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 9th, 2024

Our Gemara on Amud Beis quotes a verse from Tehilim (37:21):   לוה רשע ולא ישלם וצדיק חונן ונותן   The wicked man borrows and does not repay, the righteous is generous and keeps giving.   The mystical interpretation of this verse is that God is the lender, the one who gives us our soul for safekeeping. The wicked person in the verse is a person in the act of committing a sin. God is being gracious and loa …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

August 8th, 2024

Tosafos on Amud Beis (“V’lo”) discusses a quasi legal opinion that each Jew owns their own four cubit section in the land of Israel, by virtue of inheritance from ancestors. Even though these lands were conquered, because they were done so illegally, they are still in the possession of the rightful owners.   As we discussed extensively in blog posts Psychology of the Daf Bava Basra 34 & 37, the righteous person sees God …
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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

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

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 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 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:   כֹּל מִילְּתָא דְּמִתְאַמְרָא בְּאַפֵּי תְּלָתָא, לֵית בָּהּ מִשּׁוּם לִישָּׁנָא בִּישָׁא   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 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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