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Bava Basra, 123
BAVA BASRA 123 (11 Av) - dedicated by Eitan Fish in memory of his
illustrious ancestor, Hagaon Rav Yitzchak Blazer ("Reb Itzele Peterburger"),
author of "Kochevei Or" and "Pri Yitzchak" and one of the foremost Talmidim
of Hagaon Rav Yisrael Salanter, Zatza"l. Reb Itzele passed away on 11 Av
5667 (1907) in Yerushalayim.
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1) AGADAH: HOW THE JEWISH PEOPLE ARE SAVED FROM THEIR ENEMIES
QUESTION: The Gemara explains the words of Yakov Avinu to Yosef, "I have
given you an extra portion more than your brothers, which I took from the
Emorite with my sword and with my bow" (Bereishis 48:22). Yakov certainly
was not saying that he literally used his sword and bow to obtain the land,
because we are taught not to trust in our bow or sword, as the verse says,
"For I will not trust in my bow, and my sword will not save me" (Tehilim
44:7). Rather, "my sword" refers to "Tefilah," prayer, and "my bow" refers
to "Bakashah," request.
The YOSEF DA'AS cites the BEIS YAKOV (Parshas Vayechi) who says that even
though the literal meaning of the verse is also true (and Yakov did fight
physically with his sword and bow), nevertheless his fighting certainly was
accompanied by his spiritual efforts -- his Tefilah and Bakashah.
What is the meaning of these two metaphors? What does it mean that Yakov
acquired land through his Tefilah and Bakashah?
ANSWERS:
(a) The MAHARSHA explains that prayer, which is compared to the sword, is
what protects the Jewish people against the onslaught of Esav. Esav received
a blessing from his father, Yitzchak, that he would live by his sword
(Bereishis 27:40). The Midrash explains the verse, "The voice is the voice
of Yakov, but the hands are the hands of Esav" (Bereishis 27:22), to mean
that when the voice of Yakov, the Jewish people, is strong in Torah and in
prayer, the hands of the descendants of Esav cannot harm the descendants of
Yakov. The "sword" of Tefilah is Yakov's defense against Esav's sword.
The Maharsha explains that the word "b'Kashti," or "with my bow," is similar
to the word "Bakashah," or "request." Yishmael received the blessing that he
would be an archer who hunts with his bow (Bereishis 21:20). The "Bakashah,"
the supplications of the Jewish people to Hashem, is their protection
against the "Keshes," the bow, of Yishmael (see Parshah Page, Chayei Sarah
5758).
(b) The MESECH CHOCHMAH (Bereishis 48:22) discusses another facet of the
analogy of prayer and request to the sword and the bow. "Tefilah" refers to
the fixed prayers of the liturgy, established by the Sanhedrin for all to say. "Bakashah" refers to the private and personal supplications of an
individual to Hashem. When reciting the prayers established for the Tzibur,
the individual fulfills the Mitzvah of prayer even if his Kavanah is
lacking; b'Di'eved, if one has proper Kavanah for only the first Berachah of
Shemoneh Esreh, he has fulfilled his obligation. An individual's personal
prayer, though, requires Kavanah throughout the prayer and none of it can be
said without Kavanah. Moreover, the Gemara in Ta'anis (8a) says that prayers
which are said alone are accepted by Hashem only if they are said with full
and complete Kavanah. Prayers which are said together with a Minyan are
accepted by Hashem even if the individual is not totally concentrating;
through the merit of the Tzibur with whom the individual is praying, Hashem
is merciful and accepts the individual's prayers.
The Meshech Chochmah explains that this is why Tefilah is compared to the
sword. A sword is effective due to the sharpness of its blade, and even if
the warrior using the sword does not put a lot of energy into striking with
his sword, the sword can still inflict maximal damage. An arrow, in
contrast, is not an effective weapon in itself. Its effectiveness comes from
the strength which the archer puts into it by pulling the bow and aiming the
arrow. Public Tefilah, like a sword, is effective due to its own intrinsic
strength and the strength of the merits of the Tzibur, and it reaches
Shamayim even without a high level of Kavanah. Private prayer, in contrast,
are like a bow; the effectiveness of private prayer depends upon the Kavanah
of the person praying. (See also MEROMEI SADEH, BEN YEHOYADA.)
123b
2) "RA'UY" WHEN THE OBJECTS ARE NOT DUE TO BECOME THE PROPERTY OF THE FATHER
QUESTION: The Beraisa states that when a Kohen dies, his firstborn son
receives a double portion of the Zero'a, Lechayayim, and Keivah (the
priestly gifts of the foreleg, the [lower] jaw, and the maw or abomasum (the
last of a cow's four stomachs), which a person must give to a Kohen whenever
he slaughters an ox, sheep or goat that is not Kodesh). The Gemara asks what
case the Beraisa is discussing. If it is discussing a case when those gifts
had been given to the father before he died, then it is obvious that the
Bechor receives a double portion, because they are no different than the
rest of the father's property! If, on the other hand, the father did not yet
receive those gifts, then they are "Ra'uy" and the law is that a Bechor does
receive a double portion of property that is "Ra'uy!"
Why does the Gemara call these gifts "Ra'uy" when they have not been given
to the Kohen? "Ra'uy" refers specifically to property that will eventually
come into the person's possession, such as an inheritance from his father.
In the case of priestly gifts, if a Kohen dies before these gifts are given
to him, then the gifts are not even "Ra'uy" -- they were never due to come
to him (but rather, now that he has died, they are going to be given to
another, living Kohen)! It goes without saying that a Bechor or any other
heir does not inherit property that his father never had! (RASHBA and
others)
ANSWERS:
(a) The Rishonim cite the RI MI'GASH who emends the Girsa of the Gemara and
deletes the words from "Ra'uy Hu" until "keve'Muchzak," replacing them with
the word "Amai," so that the Gemara reads, "If they have not yet come into
the hands of the father, then why [should the Bechor receive any of it]?"
(b) The RASHBA and other Rishonim explain that when the Gemara asks its
question at this point, it knows part of the answer already. The Gemara
knows that the Beraisa is referring to a case of "Makirei Kehunah," friends
and relatives of the Kohen who always give him these gifts. Hence, these
gifts *are* "Ra'uy" -- they are destined to be given to this Kohen. However,
they are not "Muchzak," they are not actually in the possession of the
Kohen, and thus the Gemara asks that since they are only "Ra'uy," the Bechor
should not receive a double portion.
The Gemara does *not* know at this point, however, that the Beraisa is
referring to a case in which the animal was slaughtered before the Kohen
died. Alternatively, the Gemara does not hold that "Matanos she'Lo Hurmu
k'Mi she'Hurmu Damu" (the priestly gifts that must be separated from one's
flock and given to Kohanim are considered as if they have already been
separated), but rather it holds that the gifts must actually be separated
for the Kohen in order for them to be considered to be in the Kohen's
possession. Although the Gemara, at this point, holds that the gifts are not
in the Kohen's possession, they *are* "Ra'uy" because there is some degree
of obligation for the Kohen's friends to give the gifts to this Kohen. (See
RITVA and RABEINU YONAH who explain that this degree of obligation, which
makes the gifts "Ra'uy" and destined to come to the father, is because of
the promise of the "Makirei Kehunah" to give these gifts to their friend the
Kohen. The Halachah is that one is not allowed to retract on a promise to
give someone a small gift (Bava Metzia 49a). Hence, since the "Makirei
Kehunah" have an obligation to give the gifts to the Kohen, the gifts are
considered "Ra'uy" to come to him.)
The Gemara answers that the Beraisa is referring to when the animal was
slaughtered before the Kohen died, and that the Tana of the Beraisa
maintains that "Matanos she'Lo Hurmu k'Mi she'Hurmu Damu." Consequently, the
gifts are considered to be in the possession of the Kohen ("Muchzak") even
before he actually receives them. Therefore, the Bechor receives a double
portion of those gifts.
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