THOUGHTS ON THE DAILY DAF
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Rosh Kollel: Rav Mordecai Kornfeld
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GITIN 52 - sponsored by Hagaon Rav Yosef Pearlman of London, England, a
living demonstration of love for and adoration of the Torah.
1) THE ABILITY OF AN "APOTROPOS" TO SEPARATE TERUMAH FOR "YESOMIM"
QUESTION: The Mishnah teaches that an Apotropos appointed to oversee the
property of Yesomim is obligated to separate Ma'aser from their produce. The
Gemara questions the Mishnah's ruling from a Beraisa that states that the
verse which discusses Terumah says "Atem" ("you") (Bamidbar 18:28), teaching
that only the owner of the field may separate Terumah, excluding an
Apotropos from separating Terumah for Yesomim. Rav Chisda answers that when
the Mishnah permits an Apotropos to separate Terumah, it permits him only to
separate it for the purpose of feeding the fruit to the Yesomim now, but not
to store the fruit away for later use later, nor to use for making a profit.
2) "MY WIFE, MY HOME"
The question remains, though, that if the verse says that an Apotropos may
not separate Terumah from the produce of the Yesomim because he is not the
owner, then what difference does it make whether he is separating the
Terumah to enable the Yesomim to eat the fruit now or for another purpose?
In either case, he should not be allowed to separate Terumah!
(a) The TOSFOS RID and the RITVA explain that the Apotropos indeed has no
right to separate Terumah from the produce of the Yesomim. The reason why he
may separate Terumah is because of "Tikun ha'Olam." The Rabanan, through
their power of "Hefker Beis Din Hefker," removed the fruit of the Yesomim
from their possession and gave it to the Apotropos in order for him to
separate Terumah from the fruit. They made this enactment for the sake of
"Tikun ha'Olam," so that Yesomim have food available to eat.
(b) The RAMBAN explains that when it is clearly beneficial for the Yesomim
(such as in order to enable them to eat), then the Apotropos may separate
Terumah through the principle of *Zechiyah* ("Zachin l'Adam she'Lo
b'Fanav"). That is, since it is a benefit to the Yesomim to have Terumah
separated from their fruit in order to be able to eat it, the Apotropos may
provide them with this benefit. However, the Apotropos may not separate
Terumah for the Yesomim in order to store away the fruits, because doing so
provides no clear Zechus for the Yesomim, and the Apotropos was not
appointed as the Yesomim's Shali'ach to do so because the Yesomim are
Ketanim and are unable to appoint a Shali'ach.
The Ramban is clearly learning that Zechiyah does not work through Shelichus
(that is, the fact that the act is a benefit to the recipient shows us
clearly that the person performing the act is acting in the capacity of a
Shali'ach on behalf of the recipient), as Rashi learns earlier (9b). Rather,
the Ramban maintains that the reason Zechiyah works is through a different
mechanism altogether, as the RAN in Kidushin (42a) and others explain.
Zechiyah is a different manner in which one can make something take effect
for somebody else, without utilizing the mechanism of Shelichus. Zechiyah
says that if it is beneficial for someone, then the Torah allows another
person to make the benefit take effect without asking the recipient and
without having to be his Shali'ach. Hence, when the Torah says "Atem,"
excluding an Apotropos, it does not mean "you" and not one who is *Zocheh*
on behalf of the Yesomim, but rather one *can* be Zocheh (when it is a real
Zechiyah, such as in order to provide them with food to eat) on behalf of
Yesomim who are unable to appoint a Shali'ach.
This, however, seems to conflict with the principle set forth by the KETZOS
HA'CHOSHEN, who writes that one cannot sell another Jew's Chametz before
Pesach using the concept of Zechiyah, saying that it is beneficial for the
Jew not to own Chametz during Pesach and to avoid transgressing the Aveirah
of owning Chametz during Pesach, because Zechiyah works only to *give*
something to someone and *not* to *remove* something from his possession.
How, then, can the Ramban write that an Apotropos may separate Terumah from
the fruits of Yesomim through Zechiyah, when that Zechiyah involves taking
the Terumah fruits out of the possession of the Yesomim?
The answer is that separating Terumah does not involving giving something
away. Rather, there was always some portion of fruits owned by Kohanim (i.e.
Terumah) mixed in with the fruits (Tevel) of the Yesomim. By separating
Terumah from the fruits, one is merely showing that these fruits are (and
always were) the property of the Kohanim while the rest are the fruits of
the Yesomim. Hence, one is not taking away anything from the Yesomim that
belonged to them until now (see RAN in Nedarim 12a).
(c) The RASHBA writes that mid'Oraisa an Apotropos is really much more than
a stranger appointed to oversee the Yesomim's property. He is actually a
Shali'ach for the Yesomim. Even though the Yesomim cannot appoint a
Shali'ach, the Apotropos is appointed to take care of the Yesomim and thus
he is empowered like a hand of the Yesomim themselves. Therefore, whatever
he does is fully binding, whether it is beneficial for them or detrimental
to them. Even though the Yesomim cannot appoint a Shali'ach themselves, they
can have an Apotropos who acts as if he was their own hand.
The Beraisa which says that an Apotropos cannot separate Terumah for Yesomim
is only an Asmachta, says the Rashba. It is an Asmachta mid'Rabanan for the
Halachah that the Rabanan instituted, saying that an Apotropos cannot
separate Terumah in order to store away the remaining fruits.
The SHACH cited by the Ketzos ha'Choshen (CM 243:7), the PNEI YEHOSHUA, and
the CHASAM SOFER here do not understand the Rashba to be saying this. They
understand that the Rashba means to explain like the Ramban, who says that
an Apotropos may separate Terumah for the Yesomim through the mechanism of
Zechiyah. Consequently, they ask strong questions on the Rashba's
explanation. However, CHIDUSHEI REBBI SHMUEL (Bava Basra 131b) points out
that the intention of the Rashba is not that the Apotropos is able to
separate Terumah through the principle of Zechiyah, but, as we have
explained, the Apotropos is like a hand of the Yesomim, and thus he can
effect a Zechus or a Chovah for them. He cites an example for this from
RABEINU CHANANEL (cited by the ROSH in Bava Metzia 10a) who explains that an
Apotropos is not considered to be a Tofes l'Ba'al Chov when he takes money,
on behalf of the Yesomim, from someone who owes the Yesomim, but rather he
is like a hand of the Yesomim themselves.
AGADAH: Rebbi Yosi teaches that a wife is called "Bayis." In numerous places
we find metaphors of "building" used with regard to the marriage of a woman.
Let us analyze the meaning behind this.
(a) When Boaz married Ruth, the people who witnessed the wedding blessed
Boaz with the Berachah that Hashem should make Ruth "like Rachel and like
Leah, who together *built* the house of Yisrael..." (Ruth 4:11), comparing
the woman to a "Binyan."
Similarly, the Gemara in Kesuvos (8a) lists the Birchos Chasanim, the
special Berachos which are recited for seven days after a wedding. In the
Berachah of "Asher Yatzar," we say that Hashem "formed Adam in His image...
and He established for him, from his own flesh, an everlasting structure,"
referring to Chavah. Rashi explains that Chavah is called a "Binyan," a
structure, based on the verse, "va'Yiven... Es Hatzela" (Bereishis 2:22).
The Gemara (Berachos 61a) tells us that the Torah calls Chavah a "structure"
because of the physiological differences between man and woman which allow
the woman to carry a child. (See also Rashi in Shemos 19:3 who says that
"'*Beis* Yakov' -- the *house* of Yakov* -- refers to the woman.")
(b) The nature of a woman as a "Binyan" only manifests itself after she is
married, when the man has the opportunity to serve as the "builder" and the
woman has the opportunity to become "built."
HA'RAV DOVID COHEN, Shlit'a, points out that these "constructive" roles of
man and woman are alluded to in their Hebrew titles.
A male child is called a "Ben," and a female child is called a "Bas." A
grown man is called an "Ish," and a woman is called an "Ishah." The
Chachamim point out that what differentiates "Ish" from "Ishah" is that the
word "Ish" contains the letter Yud, and "Ishah" contains the letter Heh
(Sotah 17a). When the male child, the "Ben," gets married, he acquires the
Heh of the woman, the "Ishah," making him into a "Boneh" (spelled Beis, Nun,
Heh). He is involved in building the Binyan. When the female child, the
"Bas," gets married, she acquires the Yud of the man, the "Ish," and she
becomes the Binyan or "Bayis," the foundation of the home.
Accordingly, Rebbi Yosi might have called his wife "Bayis" in order to
remind himself of his responsibility towards her. It is only through his
bond to her that his wife will become "built" into a proper "Bayis."
In a certain sense, the same can be said to explain why Rebbi Yosi called
his ox his "field." The ox's potential to bring a person his livelihood must
be developed by its owner, who invests his time and patience into plowing
with it and caring for it. To remind himself of this, Rebbi Yosi called his
ox his "field."
(c) The house that is built by a man and his wife is not just a physical
one. It is a dwelling place for the Shechinah itself, for the Divine
Presence of Hashem. The Gemara in Sotah (ibid.) teaches that when there is
peace between a man and his wife, the Shechinah dwells in their midst. The
letter Yud of the word "Ish" and the letter Heh of the word "Ishah" come
together and form the name of Hashem, to symbolize that the Divine Presence
rests upon them (see Rashi to Bereishis 30:16). Their home becomes a
"Mikdash Me'at," a miniature reproduction of the Beis ha'Mikdash.
The Gemara in Sotah continues that, Chas v'Shalom, if there is not peace
between a man and his wife, the letters of the name of Hashem -- the Yud and
Heh -- depart from the "Ish" and "Ishah," leaving two flames -- "Esh" --
which destroy each other. It seems that when there is peace between them,
fire also plays an important role. Hashem's presence is compared to an
"all-consuming fire" (Devarim 4:24; see Sotah 14a). For this reason, smoke
and fire always mark the place upon which the Divine Presence rests, as on
Mount Sinai and in the pillar of flame that escorted the Jewish people out
of Egypt. Zecharyah (2:9) tells us that when Hashem returns to Zion, He will
be "as a protective wall of fire surrounding it," when He rests His Divine
Presence inside it.
The peaceful union of man and wife creates a dwelling place for the
protective fire that denotes Hashem's Presence. This, in turn, alludes to
the fire of the Torah, which leads a person along the way of Hashem and
protects Him from all harm (see Sotah 21a). "One who is without a wife is
without Torah" (Yevamos 63a), and one who is *with* a wife is well-equipped
to construct a house built on the foundations of Torah study and observance.