Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 26th, 2024

Our Gemara on amud aleph (and the previous daf) discusses how ownership is determined for produce that grows on the side of a ledge, where the top is a garden owned by one person, and the bottom is owned by another. What is the status of those vegetables that grow on the vertical surface between them?   מַתְנִי׳ שְׁתֵּי גַּנּוֹת זוֹ עַל גַּב זוֹ, וְהַיָּרָק בֵּינְתַיִם. רַבִּי מ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 25th, 2024

Love at First Sight   Our Gemara on Amud Aleph discusses the possibility that even viewing certain ownerless items, with the intent to possess them, effects a binding acquisition.   Rav Shlomo Kluger (Chachmas Torah, Vayetze) asks, The sages teach, one who is without a woman, is without Torah (Yevamos 62b). If so, how could Yaakov maintain that he was observant of all the mitzvos while he was at Lavan’s house (see Rashi Bereishis …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 24th, 2024

Our Gemara on Amud Aleph discusses liabilities between the upper floor residents and the lower floor residents of a home:   הָנְהוּ בֵּי תְרֵי דַּהֲווֹ דָּיְירִי, חַד עִילַּאי וְחַד תַּתַּאי. אִיפְּחִית מַעֲזִיבָה. כִּי מָשֵׁי מַיָּא, עִילַּאי אָזְלִי וּמַזְּקִי לְתַתַּאי. מִי מְתַקֵּן? רַבִּי חִי …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 23rd, 2024

  Our Mishna on Amud Beis describes the halachic status of a renter who lives in the attic and what are his rights should it become uninhabitable, such as a caved-in floor:   מַתְנִי׳ הַבַּיִת וְהָעֲלִיָּיה. נִפְחֲתָה הָעֲלִיָּיה, וְאֵין בַּעַל הַבַּיִת רוֹצֶה לְתַקֵּן – הֲרֵי בַּעַל הָעֲלִיָּיה יוֹרֵד וְדָר לְמַ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 21st, 2024

Our Gemara on amud aleph quotes a series of verses in Mishle (6:1-3) that warn of the dangers of becoming a co-signer on a loan indiscriminately:   בְּ֭נִי אִם־עָרַ֣בְתָּ לְרֵעֶ֑ךָ תָּקַ֖עְתָּ לַזָּ֣ר כַּפֶּֽיךָ׃    My son, if you have become a co-signer for your fellow, Given your hand for another,    נוֹקַ֥שְׁתָּ בְאִמְרֵי־פִ֑יךָ נִ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 21st, 2024

Our Gemara on amud aleph and beis discusses an encounter between Rabbah bar Avuha and Elijah the prophet:   אַשְׁכְּחֵיהּ רַבָּה בַּר אֲבוּהּ לְאֵלִיָּהוּ דְּקָאֵי בְּבֵית הַקְּבָרוֹת שֶׁל גּוֹיִם, אֲמַר לֵיהּ: מַהוּ שֶׁיְּסַדְּרוּ בְּבַעַל חוֹב? אֲמַר לֵיהּ: גָּמַר ״מִיכָה״ ״מִיכָה״ מֵעֲ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 20th, 2024

Our Gemara on amud beis relates medical advice from the great Amora and physician Shmuel, and one of the practices that he considers to be in the top three of irreparable bodily harm is to “Eat bread and not walk four cubits afterward.” Rashi adds that this warning is in regard to going to sleep right after eating without walking a bit. There are some technical contradictions between Shmuel’s advice and the Rambam’s medica …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 19th, 2024

Our Gemara on amud beis makes a linguistic observation in regard to a teaching that referred to “great halachos”.  The Gemara  comments that if they are described as “great”, there must also be halachos that are considered minor, which it finds odd, since can any halacha be considered small?  Therefore, the Gemara rejects and revises the text of that teaching.    But we must ask ourselves, on a pra …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 18th, 2024

Our Gemara on amud aleph discusses the wage payment obligation toward a Ger Toshav, which is often defined as a gentile that commits to follow the Seven Noachide Laws.    גֵּר תּוֹשָׁב יֵשׁ בּוֹ מִשּׁוּם ״בְּיוֹמוֹ תִּתֵּן שְׂכָרוֹ״, וְאֵין בּוֹ מִשּׁוּם ״לֹא תָלִין פְּעוּלַּת שָׂכִיר אִתְּךָ עַד בֹּקֶר״.   One who hi …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 17th, 2024

Our Gemara on Amud Beis discusses an interesting exemption to the rule that one must pay workers promptly (by sunset or sunrise of the day or evening that the work was completed, subject to certain conditions. See Ahavas Chessed, Laws of Payments of Wages, 1:9.): תָּנוּ רַבָּנַן: הָאוֹמֵר לַחֲבֵירוֹ צֵא שְׂכוֹר לִי פּוֹעֲלִים – שְׁנֵיהֶן אֵין עוֹבְרִין מִשּׁו …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 16th, 2024

Our Gemara on amud aleph records a spirited dispute between Rav Beivai bar Abaye and Rav Pappi. In the middle of the argument, Rav Pappi seems to have insulted Rav Beivai bar Abaye, implying that he makes faulty (short-lived) arguments because he stems from the House of Eli, who were cursed to die early.   The Shalah (Torah Sheb’al Peh, Kellal Peh Kadosh) tries to answer how such language could be appropriate. Regarding this particular …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 14th, 2024

Our Gemara on Amud Aleph discusses various rights and courtesies that are granted to the owner of an adjoining field, such as first choice in purchasing the property over other buyers if it is on the market. This law, known as Bar Mitzrah (owner of a bordering field) is conceptualized as an obligation to grant courtesy to the neighbors, because there is much more of a benefit for the neighbor to buy this field in particular.  The other buyer …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 14th, 2024

Our Gemara on Amud aleph homiletically interprets the verse (Devarim 28:3), “Blessed are you when you enter.” as referring to a husband who returns home from a trip. The blessing will be that he will not find her in an uncertain halachic state, where she had a situation of questionable impurity, stopping them from a physical reunification.    Rashi here comments, “And of course the blessing applies that he wouldn&rsquo …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 11th, 2024

Our Gemara on this Amud discusses a variety of misfortunes, and under what circumstances prayer is most or less effective. This occurs within the legal context of a tenant farmer and the landlord’s experience of an agricultural disaster, such as locust or scorching winds. Some of the factors include whether the tenant farmer kept to their agreement or not, and a post facto evaluation of what would have happened if he stuck with the agreemen …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 11th, 2024

  Our Gemara defines what the Mishna means by the term “Paritze Zeisim”, literally translated as, “brazen, disobedient olives.   מַאי פָּרִיצֵי זֵיתִים? אָמַר רַב הוּנָא: רִשְׁעֵי זֵיתִים. אָמַר רַב יוֹסֵף: וּמַאי קְרָאָה – ״[וּבְנֵי] פָּרִיצֵי עַמְּךָ יִנַּשְּׂאוּ לְהַעֲמִיד חֲזוֹן וְ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 11th, 2024

Our Gemara on Amud Aleph discusses the oblative obligations that a man’s wife incurs, such as the sacrificial animals brought after childbirth, and that they are the husband’s financial obligation. Even though such sacrifices are subject to a substitution of a bird instead of a lamb if the person is unable to afford the latger animal (see Vayikra 12:6-8), we evaluate this based on the husband’s assets, and not hers.   The S …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 10th, 2024

Our Mishna on Amud Beis textually analyzes a Mishna which discusses the financial rights shared by a person who rents or uses a vineyard as a tenant farmer. The Mishna states:   כְּשֵׁם שֶׁחוֹלְקִין בַּיַּיִן, כָּךְ חוֹלְקִין בַּזְּמוֹרוֹת וּבַקָּנִים. וּשְׁנֵיהֶם מְסַפְּקִין אֶת הַקָּנִים:   Just as the halakha is that the owner of the f …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 9th, 2024

Our Gemara on Amud Beis discusses how to evaluate a phrase that is part of a contractual agreement and mildly contradicts another part of the contract. For example if a contract states: “Twelve gold coins a year, one gold coin per month,” what is the annual rent during a Hebrew leap year, 12 or 13 gold coins?   The lomdus revolves around if the second clause clarifies and overrides the import of the first clause, or does the firs …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 7th, 2024

  Our Gemara on Amud Beis relates a story of a woman who was duped and then how her vigilante justice was vindicated by the rabbis:   הָהוּא גַּבְרָא דִּזְבַן אַרְבָּא דְחַמְרָא. לָא אַשְׁכַּח דּוּכְתָּא לְאוֹתוֹבֵיהּ. אֲמַר לֵיהּ לְהַהִיא אִיתְּתָא: אִית לָךְ דּוּכְתָּא לְאוֹגוֹרַי? אֲמַרָה לֵיהּ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 7th, 2024

Our Gemara on Amud Beis discusses the legal entitlements to certain properties and materials that unwittingly became shared by two potential beneficiaries and investors:   שָׁטַף נָהָר זֵיתָיו וּנְתָנָם לְתוֹךְ שְׂדֵה חֲבֵירוֹ, זֶה אוֹמֵר: ״זֵיתַי גִּדֵּלוּ״, וְזֶה אוֹמֵר: ״אַרְצִי גִּדֵּלָה״ – יַחְלוֹקוּ.   In the even …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 6th, 2024

99   God’s Silence in the Face of Evil   Our Gemara on Amud Beis describes a legal distinction in the liability of a squatter on land owned by the Sacred Treasury and privately owned land. We have a rule that a squatter does not incur financial liability after the fact, if the owner had not known prior to his squatting. The argument is, no harm done, you didn’t lose any money and we never agreed to an arrangement. It’s …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 5th, 2024

Our Gemara on this daf discusses a fundamental dispute regarding the oath required of the watchman. In the verses which we soon shall see, a watchman is Biblically mandated to swear and affirm his claim of not having neglected his duties. This is known as the Watchman’s Oath. Another Biblically mandated oath that is derived from these verses is the Oath of Partial Admission, which is triggered when a defendant partially admits that true, he …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 4th, 2024

I Am Not a Crook   Our Gemara on Amud Aleph discusses a novel application of Ba’alav Imo. Ba’alav Imo is a rule that exempts a watchman from paying for the damage if the owner of the item is present with the bailee or in his employ when he is safeguarding the item (Shemos 22:13). Rava’s students cleverly asserted that since he is their teacher and really work for them, if any of them were to borrow an item of his, it would …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 3rd, 2024

Our Gemara on Amud Aleph discusses a situation where an object or animal is borrowed for an unconventional purpose that does not provide a tangible financial benefit. The question being, if there is no real monetary value received perhaps it is insufficient to incur the financial liabilities that are normally part of the borrowers contract:   שְׁאָלָהּ לֵירָאוֹת בָּהּ מַהוּ מָמוֹנָא בָּעֵינַן וְ …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

June 2nd, 2024

Our Gemara on Amud Aleph uses the following argument to explain the logical equivalence between the borrower’s liability for injury and liability for death. If the Torah teaches that the borrower is liable for the death of the animal, we do not need an additional verse to teach us that he is also liable for injury:   What difference does it make to me if it is entirely killed, and what difference does it make to me if it is partially k …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 31st, 2024

Our Gemara on Amud Beis refers to a scriptural stylistic principle:   דִּבְּרָה תוֹרָה כִלְשׁוֹן בְּנֵי אָדָם   The Torah uses the idiom and vernacular.    Thus, repetitions, exaggerations and figures of speech that enhance the poetic experience and nature of the narrative are theologically legitimate, and not a sign of imperfection. God designed the Torah to be meaningful on many planes of p …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 31st, 2024

Our Gemara on Amud Beis discusses the extent of a shepherd’s responsibility if a lion is approaching the flock:   What could he have done to prevent an attack by a lion? Rabba replies: He should have faced the lion with other shepherds and with sticks to chase it away.   There is a natural principle that animal predators are fearful of humans. This is not an absolute, but unless provoked by territory concerns or extreme hunger, an …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 30th, 2024

Our Gemara on Amud Aleph refers to an adage that the Nazir is expected to heed, but also is a general ethical direction to becautious in not getting too close to temptations:   Go, go, we say to a nazirite, go round, go round; do not approach a vineyard. It is prohibited for a nazirite to eat any of the products of the vine. To keep a nazirite away from temptation, the Sages attempt to deter him from accepting work in a vineyard.   One …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 29th, 2024

Our Gemara on Amud Beis further discusses the Biblically mandated allocation given to field laborers to eat from the produce they harvest while they work (Devarim 23:25-26).    וְכוּלָּן לֹא אָמְרוּ אֶלָּא בִּשְׁעַת מְלָאכָה, אֲבָל מִשּׁוּם הָשֵׁב אֲבֵידָה לַבְּעָלִים אָמְרוּ: פּוֹעֲלִין אוֹכְלִין בַּהֲלִיכָתָן מֵאו …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 28th, 2024

  Our Gemara on Amud Aleph discusses an interesting moral and halachic dilemma regarding the Biblical directive to allow the animal to eat while it is working on the threshing floor:   בְּעוֹ מִינֵּיהּ מֵרַב שֵׁשֶׁת: הָיְתָה אוֹכֶלֶת וּמַתְרֶזֶת, מַהוּ? מִשּׁוּם דִּמְעַלֵּי לַהּ הוּא, וְהָא לָא מְעַלֵּי לַהּ? אוֹ דִלְמָא ד …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 27th, 2024

Our Gemara on Amud Aleph discusses the Biblically mandated allocation given to field laborers to eat from the produce they harvest while they work (Devarim 23:25-26). This job benefit only accrues in regard to produce that grows from the ground, excluding milking, and making butter and cheese, as these forms of produce do not come from the soil.    Tosafos here raises a contradiction between this Gemara’s parameters for produce of …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 26th, 2024

Our Gemara on amud beis references the Biblical directive (Devarim 23:25) to allow a field laborer to eat from the food as he is harvesting, so long as he not abuse the privilege by hoarding:   כִּ֤י תָבֹא֙ בְּכֶ֣רֶם רֵעֶ֔ךָ וְאָכַלְתָּ֧ עֲנָבִ֛ים כְּנַפְשְׁךָ֖ שָׂבְעֶ֑ךָ וְאֶֽל־כֶּלְיְךָ֖ לֹ֥א תִתֵּֽן׃    When you enter a fellow [Is …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 24th, 2024

Our Gemara on amud aleph made an observation of the behavioral styles of the righteous versus the wicked, especially in terms of expressing and then following through with their commitments toward others: “The righteous say little and do much, whereas the wicked say much and do not do even a little.”   We can understand the wicked tend to over promise as they want to receive the admiration and appreciation in advance, without put …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 24th, 2024

Our Gemara on Amud Aleph lists a series of notable sages, whose lifetimes and careers embodied a close of an era.    Rabbi Yehuda HaNasi and Rabbi Nasan are the end of the Mishna, i.e., the last of the tanna’im, the redactors of the Mishna. Rav Ashi and Ravina are the end of instruction, i.e., the end of the period of the amora’im, the redacting of the Talmud, which occurred after the period of the tanna’im.   The …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 23rd, 2024

Our Gemara on Amud aleph describes the intense years of gut pain that Rabbi Yehuda Hanasi experienced. The Gemara attributes his suffering to an incident where he was not merciful toward a calf. His suffering only abated, years later, when he spontaneously showed kindness toward weasels that were being harassed by his housekeeper:   There was a certain calf that was being led to slaughter. The calf went and hung its head on the corner of Rab …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 22nd, 2024

Our Gemara on Amud Aleph discusses the anatomy of various sages, in bizarre detail,:   When Rabbi Yishmael, son of Rabbi Yosei, and Rabbi Elazar, son of Rabbi Shimon, would meet each other, it was possible for a pair of oxen to enter and fit between them, under their bellies, without touching them, due to their excessive obesity.   A certain Roman noblewoman [matronisa] once said to them: Your children are not really your own, as due to …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 21st, 2024

Our Gemara on Amud Aleph discusses an incident where Rabbah bar Chanan’s hired porters broke a barrel of wine. Though they were legally hired as watchmen and thus responsible for the mishap, his teacher (Rav) required him to not only release them of liability for the broken barrel, but to even pay them their wages! Rabbah bar Chanan asked Rav, “Is this really the required Halacha?” Rav answered, “Yes it is”, quoting …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 20th, 2024

Our Gemara on Amud Beis discusses a teaching of Rav Yitschak, regarding the status of a collateral object. Is the object considered still in the possession of the borrower, or once the collateral is taken, it is fully owned by the lender until such a time as the borrower repays the loan? One halachic outcome that depends on this distinction is if the object was lost due to unforeseeable circumstances. If the object is fully possessed by the lende …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 19th, 2024

Our Gemara on amud aleph discusses what happens when two people agree to watch each other’s possessions.  Since they are both doing it in exchange, they are considered to be paid watchmen and liable for theft that could have been prevented by more vigilance.  However, the Gemara raises an objection:   But why is this the halacha? It is a case of safeguarding with the owners simultaneous involvement! There is a principle that …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

May 17th, 2024

Our Gemara on amud beis discusses what are the liabilities of a rented object.  A paid watchman is liable for ordinary theft that could have been prevented through vigilance, while an unpaid watchman is exempt, so long as he was not negligent.  The basic idea is that if you are paid, you are expected to devote more energy and focus on safeguarding the object.   However, a renter can be seen either way:  Is he like a paid watch …
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