Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 7th, 2024

Our Gemara on Amud Aleph discusses the connotation of the Hebrew word, netisha which translates approximately as, “abandon” or “leave behind”. The Torah (Shemos 23:11) commands that produce be abandoned in the field during the Shemittah year, as no commercial conduct is allowed.    Malbim on this verse notes that though Hebrew has another word for abandon, “Azivah”, the word “Netisha” has …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 5th, 2024

Our Gemara on Amud Aleph makes an assertion about the psychology of ownership pride in order to explain the following position stated by the Mishna:
In the case of one who deposits produce with another, even if it is lost due to spoilage or vermin, the watchman may not touch it, as it is not his. 
What is the reason that the first tanna said that the watchman should not touch the produce? Rav Kahana says that it is based on the p …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 5th, 2024

Our Gemara on Amud Aleph discusses several scenarios where there is an unresolved disposition of ownership:   In the case of two people who deposited money with one person, and this one deposited one hundred dinars and that one deposited two hundred dinars, and when they come to collect their deposit, this one says: My deposit was two hundred dinars, and that one says: My deposit was two hundred dinars, the bailee gives one hundred dinars to …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 4th, 2024

Our Gemara on Amud Aleph discusses the curious Halacha that there are times when one watchman can hand over the object to another watchman and be completely dismissed of any further obligation, even without the owner’s expressed consent.   The phrase used is Shomer Shemasar Leshomer. Midrash Shmuel on Avos (1:1) notes that the Hebrew word “massar” (M-S-R) “to give” has a different connotation than the Hebrew wor …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 3rd, 2024

Our Gemara on Amud Aleph discusses a judgment that people seem to have when comparing the wealthy to the impoverished. In certain halachic/legal situations, there is an assumption that the borrower trusts the lender’s financial assessment but not the reverse; the lender does not trust the borrower. One reason given for this by the Gemara is that people assume God would not have rewarded this man with wealth unless he was trustworthy. Conver …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 2nd, 2024

Our Gemara on Amud Aleph discusses the responsibilities of a free watchman, who is exempt from financial obligations if he claims it was stolen while adequate safeguards were taken. He must make an oath to affirm this. If he is reluctant to swear (pious individuals avoid making oaths even when true), he has the option to pay for the object. In an interesting twist of fate, if the thief was found, the thief now pays the object plus his additional …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

April 1st, 2024

Our Gemara on Amud Aleph discusses an interesting intersection between the letter of the law and ethical obligations  beyond legal requirements:   If one finds his lost item and his father’s lost item, tending to his own lost item takes precedence.   The Gemara provides a scriptural source that alludes to the need to ensure one doesn’t save others’ possessions to the extent that he himself becomes impoverished. &n …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 22nd, 2024

Our Gemara on Amud Beis discusses circumstances where one is obligated to assist a fellow Jew in loading and unloading his beast.  The Gemara established that all things considered equal, one should assist in unloading a beast first, before assisting in loading. Logic has it, that the beast and even the owner, is in greater distress when needing to unload versus loading, since the packages might fall or the beast might become injured.   …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 29th, 2024

Our Gemara on Amud Beis discusses the biblical directive to rebuke a sinner. The verse states (Vayikra 19:16): “הוֹכֵ֤חַ תּוֹכִ֙יחַ֙ אֶת־עֲמִיתֶ֔ךָ You shall admonish, and indeed admonish your fellow country man.”   Biblical Hebrew has an idiomatic word form where a verb is repeated, presumably to connote emphasis.  The halachic implications of this emphasis are discussed in our Gemara: …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 29th, 2024

Our Gemara on Amud Beis discusses an important exemption in the mitzvah to return a lost object. Should the person be of a dignified status, and lost items be of such a nature that the person would not even pick up his own possessions in those circumstances, he is then exempt. For example, imagine a bag of apples that is scattered all over the street, and requires bending down on one’s hands and knees to retrieve them. It is very possible t …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 28th, 2024

Our Gemara on Amud Beis warns of various careless financial practices: And Rabbi Yoḥanan says: In the case of one whose father bequeathed him a great deal of money and he seeks to lose it, he should wear linen garments, and should use glass vessels, and should hire laborers and not sit with them to supervise.  A unique feature of this Talmudic passage is that it seems to be resorting to sarcasm. Sarcasm is a particular human style of commu …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 27th, 2024

Our Gemara on amud aleph discusses the obligation to announce a lost object to alert the owner.  One opinion is that it should be through the entire annual cycle of all three Jewish holidays, Pesach, Shavuous and Succos. Presumably, since people make pilgrimages to Eretz Yisrael at least once a year, this will allow for sufficient interaction that hopefully the person who lost the object will be notified.    Akeidas Yitschok (69) d …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 26th, 2024

Our Gemara on Amud Beis discusses the reluctance of a person to loan a wallet or purse to another person, because it is a bad sign.  That is, it symbolically portends that he will give his money to another person.   Tosafos (ibid) raises a concern that this paying attention to signs should be under the prohibition against divination, as stated in (Vayikra 19:26).  Tosafos answers, this is similar to what is taught in Shabbos (67a), …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 25th, 2024

Our Gemara on Amud Beis discusses social group dynamics.  If a coin fell from one of three people, the finder is not obligated to return it. What is the reason? The person from whom the coin fell certainly despairs of recovering it. He says, “After all, two other people were with me. If I seize this one, he will say: I did not take it. And if I seize that one, he will say: I did not take it.” Since he cannot make a definitive cla …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 24th, 2024

  Our Gemara on amud aleph discusses a teaching of Rabbi Yitschok Migdla’ah:   שְׁלֹשָׁה מַטְבְּעוֹת זֶה עַל גַּב זֶה. אָמַר רַבִּי יִצְחָק מַגְדְּלָאָה: וְהוּא שֶׁעֲשׂוּיִין כְּמִגְדָּלִין. תַּנְיָא נָמֵי הָכִי: מָצָא מָעוֹת מְפוּזָּרוֹת – הֲרֵי אֵלּוּ שֶׁלּוֹ, עֲשׂו …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 22nd, 2024

Our Gemara on amud aleph speaks of situations where an object faces inevitable doom, such as a lion is about to consume a sheep.  Even if this is in front of the owners and they protest that they are not giving up, since the consensus reality is that the objects are doomed, it is a de facto giving up (see Shulchan Aruch CM 259:7).  The rescuer may take full possession of the object.   Yismach Moshe (Shemos 30) uses this legality as …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 22nd, 2024

Our Gemara on Amud Beis discusses why a Talmid Chacham has special credibility; he never lies except for purposes of modesty and privacy. However, even a meticulously honest Torah sage is permitted to alter the truth under circumstances that would violate privacy or modesty, such as if he wants to modestly hide his wisdom, he may publicly deny his achievements. Additionally, he may use deception to prevent others from becoming aware of his and hi …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 21st, 2024

Our Gemara on Amud Beis discusses the legal status of minors, who do not possess the mental discernment to give proper consent, therefore they cannot forgive a debt or even waive an entitlement. “Yasmi lav bnei mechila ninhu.”   The G”RA uses this idea to understand an emphasis made by the verse in Mishley (23:10):   אַל־תַּ֭סֵּג גְּב֣וּל עוֹלָ֑ם וּבִשְׂדֵ֥י יְ֝תוֹמִ֗ים …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 20th, 2024

Our Gemara on Amud Beis discusses the behavioral psychology of money.  One is more likely to become quickly aware of losing currency in comparison to other objects. Since it is the way of people to constantly feel their pockets and check if their money is there, if one found money in the street, he may assume the owner already became aware of the loss.  This has ramifications in terms of the obligation to return lost items, as the owner …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 19th, 2024

Our Gemara on Amud aleph discusses the legal status of  documents called “Shtarei Berirun”. According to one opinion, is a written record of each litigant’s claims.   The straightforward understanding of why the claims are written and agreed upon is that this way neither party can retract and modify their claims. (Rashbam, Bava Basra 168a, “Shtarei”.)   There also can be a psychological reason for this …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 18th, 2024

Our Gemara on Amud Beis discusses the laws concerning a death-bed gift. Since the person is giving away his possessions with the tacit understanding that he is mortally ill, should he recover, his gifts are retracted.    The Divrei Mahari relates this (Toldos Bereishis 25:30-34) to Esav’s selling of his rights to the firstborn.     וַיָּ֥זֶד יַעֲקֹ֖ב נָזִ֑יד וַיָּבֹ֥א עֵשָׂ֛ו …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 17th, 2024

Our Gemara on Amud Beis describes a rabbi’s quest for the correct halakha as “Nafak, Dak, Ve-ashkach - He went out, examined it, and discovered.”How does one “go out” and discover a thought? Is this not something that should be discovered by an inward journey?    Tosafos Yom Tov (2:9) says it refers to an intellectual journey. Midrash Shmuel (ibid) suggests it is a going out, because it is a letting go of a …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 15th, 2024

Our Gemara on Amud Beis used a particular idiom to describe the discovery of a novel Torah idea: “Drawing up the pearl underneath the clay shard.” Some understand this as a metaphor coming from pearl divers, who find pearls hidden under clay-like clods under the sea (see Tosafos ibid).   I will reflect on this metaphor. The idea that intellectual activity involves a deep dive, associated with risks is certainly meaningful. One ca …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 15th, 2024

Our Gemara on amud aleph discusses the idea that a repentant thief may be disturbed that his reputation as a thief would be discovered after his death. This implies that dead people have an awareness of the goings on in the physical world. However this is subject to debate in Gemara Berachos (18b) with a number of incidents with various sagely and pious persons, the dead and the living.   In one case, a man receives messages from a deceased …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 14th, 2024

Our Gemara on Amud Beis discusses an interesting case where a man attempts to enact marriage to a person to whom he is forbidden, such as a sister. Usually marriage is enacted via an exchange of an object of value (classically, a gold ring). In this situation, since the marriage is obviously impossible, what did he intend to do with the object of value or the money? This is subject to a dispute between Rav and Shmuel:   Rav says: The money h …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 13th, 2024

Our Gemara on amud aleph asserts a principle of human nature that is used to validate numerous halachic presumptions throughout Shas: “A person will not voluntarily waste their money.”   Thus, if there are certain obvious omissions in a contract, we do not assume the person agreed to such unfavorable terms, and we consider if it was written,    In another Gemara Kesuvos (36b) a similar presumption is made regarding a Co …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 12th, 2024

Our Gemara on Amud Aleph discusses the status of a promissory note that was lost and found. Ordinarily, these notes with signatures of witnesses have a presumption of validity. However, since this document was dropped, that in and of itself weakens its legitimacy. (Perhaps the loan was canceled or not even enacted, and it was discarded and not lost at all.) Therefore, if one finds this document, he may not be able to return it to the lender, as p …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 11th, 2024

Our Gemara on Amud Aleph discusses why a found item of a minor belongs to the father: “Because the minor does not intend to acquire it for himself, as when he finds it, he runs with it to his father.”   The propensity of this young boy speaks of a form of attachment that fathers specifically enact. A father might toss his child in the air, simultaneously terrifying and delightfing him or her. While mother stands for safety and nu …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 10th, 2024

Our Gemara on amud aleph discusses the ability of a courtyard to acquire objects for its owner without his awareness.  However, Shulchan Aruch (CM 269) rules that if it is an unexpected object, then it does not acquire it for him, such as hidden treasure.   In Vayikra (14:34) the Torah speaks about tozraas blemishes that will afflict your houses, “upon your entry into the land of Canaan.”  This odd phraseology sounds li …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 8th, 2024

Our Gemara on Amud Aleph discusses an important and recurring theme in Jewish religious philosophy that has halachic and metaphorical implications. Under many circumstances, an employee or laborer can quit on the spot. The rationale is that God wants no Jewish person to be encumbered by any mortal. The Gemara declares:   It is written: “For to Me the children of Israel are slaves; they are My slaves whom I brought forth out of the land …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 8th, 2024

Our Gemara on Amud Beis discusses the method of acquisition known as “chatzer = courtyard”, where an object can be acquired by being placed in the person’s domain. A mobile courtyard, such as vessels to be acquired that are placed on one’s moving animal, cannot acquire the objects.  However, a boat is not considered mobile despite moving on the water, as the subjective experience is one of relative stability and stand …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 7th, 2024

Our Gemara on amud aleph makes a seemingly contradictory assertion that a deaf mute is lacking in enough intelligence or discernment to acquire possessions. The rabbis enacted a ruling that regardless, they should be allowed to possess objects. This was in order to forestall and protect a vulnerable population (the mentally impaired) from financial abuse.  If two people pick up an ownerless object at the same time, they acquire it jointly, e …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 6th, 2024

Our Gemara on amud aleph discusses a situation of two people, in dispute regarding possession of a cloak made with gold threads on certain parts, and how it should be divided fairly.   The literal word used for the cloak is “talis”. Does the Gemara really mean a Talis, the garment which is a mitzvah to wear with Tzitzis fringes attached? Possibly, as it may be that Jews routinely wore four cornered garments as a standard, and did …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 5th, 2024

Our Gemara on amud beis discusses the procedure of tithing animals.  Animals born from this year's cycle are put in a corral, and one by one, pass through a gate, counted by a staff.  Every tenth sheep is tagged with a red mark and becomes masser (Mishna Bechoros 9:7).  If a counted sheep somehow jumps over the gate and returns back to the non-tithed group, the entire group is now rendered exempt from any further tithing procedures …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 3rd, 2024

Our Gemara on Amud Beis discusses the parameters of the prohibition against jealously desiring the possessions of another. According to the simple reading of our Gemara, this prohibition applies even when the person is willing to make full payment and purchase the object. If so, is it ever permitted to see something that belongs to another and offer to purchase it? Perhaps it is not allowed to initiate an offer to buy items that are not for comme …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 3rd, 2024

Our Gemara discusses various aspects of a unique kind of oath, known as Gilgul Shevua, which we can roughly translate as “A rolled-on Oath.”  When a defendant is obligated to make an oath to defend their claim, the plaintiff has the opportunity to levy additional accusations, compelling the defendant to take oaths on those matters as well. Remarkably, this applies even when the subsequent accusations lack substantial legal basis, …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 1st, 2024

Our Gemara on Amud aleph uncharacteristically asks why the Torah obligates an oath by a person who partially admits, but exempts the person who flat out denies the claim. Usually the Gemara asks the “what”, but not the “why.”  For example, a Gilgul Shevua, on the face of it, makes little sense. (An additional oath, levied on the defendant once he already is obligated in a first oath, even if a second claim on the part …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

March 1st, 2024

The Gemara on this Amud discusses the proper way to adjudicate a dispute where two parties claim ownership over an object. Sometimes the remedy is to mandate that it be divided. However, that is only when there are grounds to consider each claim as equally valid, and possibly that both are equal legitimate owners.  But if one party had full possession of the object, and the other had no proof other than his claim, we would not divide the obj …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

February 29th, 2024

Our Gemara on amud aleph teaches that though it is permitted to kill an informer, there is an opinion that one may still not take his possessions. (In times where the local government was cruel and unjust toward Jews, an informant in the community posed mortal danger.) The rationale for this distinction is provided by the Gemara:   Perhaps he will have righteous children, and it is written: The wicked may prepare it, but the just shall put i …
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Author: Rabbi Simcha Feuerman, DHL, LCSW-R

February 28th, 2024

Our Gemara on Amud Beis discusses the prohibition to buy stolen goods. The Rambam (Law of Theft 1:1) warns that to buy stolen goods of any kind is a grave sin, as it encourages the thief’s behavior.  Based on this, Yam Shel Shelomo (58:1) rules that it is still prohibited to purchase from a thief even if he technically acquired the item via making substantial changes so that it is no longer the same object, such as weaving wool into a …
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