Hilchos Shabbos: Drawing Lots, Dividing Portions, Auctions, and Giving Mitzvah Prizes

Transcript

I took you to the wedding. I took you. I didn't remember which car we went out to. That's what it was. You came with me, right? Yeah. Who's? It was Reb Ruvin's grandson. We're here in Lakewood. ... We'redavah was. But I, what's it called, I went on a trip. You were there. I went on a trip, David. Yeah, sure. It's just happened a few weeks ago. What was it, three months ago? It was a year ago already. It was a year ago. But I remember, I'm sure I told him it was our kois, about our kois. Okay, let's go. An Israeli secular court, remember that? You remember his answer? Yeah. Just tell you everybody goes. Remember that? That's how everybody goes. It was Reb Ruvin's grandson. Okay. Mishnah Berurah, Mishnah Berurah, and we'll start coming. Okay. Now you take it. I can't get above that. Okay. Okay. Now it's basically ... Shabbos, right? Okay, so slowly, because there's a lot of pratim here. So you're splitting money. Give me portions, different portions. Even though it has to be Shabbos, so obviously I don't even understand what the geirul is about, but anyways we'll soon see. That's the story, because it's anyway Shabbos. That's what it means. Uh-huh. It means it's anyway shavah, but they're going to comply, because I never really understood this. Yachol l'hatir ger loi, mi sheyatza gera פלוני יאכל לפלוני שלא, v'hu sheyehei chalakim shavim. So if the chalakim are shav, when you ger will... I mean, what's the story of the ger? So that's the pshat. As long as they're shavah, which means more or less. He's right. The kids are officially shavah and the kids all fight over, which is bigger. All right. I mean, there's a story like this. Ah, so that's the... pasuk. V'hu sheyehei chalakim shavim, eino yachol l'kadeish l'shemoisam, that they shouldn't fight, shelo l'hatil kinah beineihem. Aval im acherim, but if it's not bnei beisei, then it becomes asur. Ki mishumakpidim, al zeh yavoi lidei midah mishkal. They're going to start measuring, you hear how far it goes. They're going to measure it. So therefore you have a problem, because midah mishkal turns into a problem of ksivah, ksivah turns into a problem of mechamem, I'm sorry, mechamem turns into a problem of ksivah, v'chulei v'chulei v'chulei. And we're soon going to learn this Mishnah Berurah is a little different than what it says in Shulchan Aruch. So keep in mind. And what's the reason? The reason is shelo yavoi lidei midah u'mishkal. Aval litmanag gedolah k'neged manag ketanah, u'l'hatil goral aleihem, afilu b'nei beiso, also asur. U'v'chol, what about a regular weekday? Are you allowed to do that in the house? Asur mishum kubya. You're not allowed to do it because you're making like a lottery, and kubya is mesachek b'kubya. Mesachek b'kubya is a she'eilah of asmachta lo kanya, and therefore it's a type of gezeilah and it's asur, v'chulei v'chulei. Okay, as they state in the halacha, we're going to attack every part of this halacha soon, just I want the oilam to get the halacha. Keep on reading. V'yesh omrim, second shitah, afilu al manag gedolah k'neged ketanah, because it's only just, you know. So it's not a real mesachek b'kuvya, it's not a real gezeirah, it's not a real problem. A mida mishkals, because they're not really makpid. What about they are really makpid? All right, you have to say that they're probably not, deep down. We don't hold that mesachek b'kuvya is mutar. Avada, we're going to talk about it. I don't understand how you tochen the Mishnah Berurah. It's mutar. This is not a mesachek b'kuvya. We hold that it's only if it's not your own. Avada, avada, vasret min. I don't understand. It's a pele to me that the Mishnah Berurah—I'm going to speak about it out later. I asked this. I used to walk around asking this kashas to people. I don't understand this. We pasken, the Rama says clearly, I'll show it to you in Shulchan Aruch, Choshen Mishpat, this is mutar. This is not mesachek b'kuvya. How you tochen the Mishnah Berurah and say one word about it, makes like it's asur here, I don't know. All right, we'll soon see. V'yesh omrim, d'banim bnei beisai mutar l'hatil goyrel, afilu b'manos kneged tamnei shemakpidim haga. Asur l'hatil goyrel b'Shabbos, which is the yesod of the halachah. You're not allowed to make a goral on Shabbos, and this is afilu al yedei ein Yehudi. So goralos, hartakah, off limits, yeah? Clear? Good? Okay. Exactly what the shiur is about. That was— Okay.

Okay, so that's what I'm going to pasken. I'm going to pasken. Of course you know it's going to be mutar by me, right? Okay. So we'll get it. We'll get it straight. If you had lovos banan in my house, it would be awesome. If you make it in mirabim, it's mutar. So let's see inside. Okay, let's see the halacha inside. Hachalakim. Okay, so you understand, Reb Yitzchak, I already got the halachas. So in the house, when it's shavah, it's mutar according to the first dayah. And according to the second dayah, right, even if it's not shavah, there's two days in Shulchan Aruch. We'll soon discuss how we pasken. I just want to first get everybody to make sure that you understand what shteit there. All right? So that's clear. Now, what about acherim? In acherim, it's always asur. We'll discuss what the case of acherim, what happens if they're in your house, what happens if they're sitting at your Shabbos table. Is that also acherim? Let's say I want to make a raffle between a few groups of kids. I have my brother's children by me. Is that also nichlal? We'll talk about this. Why isn't there? Because they're not really makpid, so it's not really... Oh, see, the Mishnah Berurah explains. Let's take a look at Mishnah Berurah. Since you read the Mishnah Berurah, see, cut me a tes. No problem, not really gaining. In other words, the takanah is gezeirah. This is not a gezeirah. When you don't really win, it's not really called a gezeirah, right? Officially, the dessert piece is all the same. It's just everybody thinks you want first choice. It's not gain. Schar, you're not gaining. So it's in your head, so what's—it's a gezeirah? It's a game. It's not a real zach. Keep in mind this halacha. Why? Okay, we'll talk about it, but that's the shaylah. Maybe the asif geirul, that's part of the shiur. All in the shiur. We're going to talk about all the pratim. Honestly, I don't have a... I don't know, I don't chap so much the gedarim of the sugya, but I'll speak them out, meaning I'll speak out what bothers me in the sugya. Okay. Anyways, kivan shemakpidim, now, u'lechalek bli geirul. What about, stam to be mechalek? Maybe they'll be fighting over portions and they'll sit and measure it. What does that have to do with geirul? Pasul geirul to talui bahem, says the Mishnah Berurah. The mistama amrinan she'ein makpidim, because if it doesn't come lidei geirul, they're probably not that makpid. But if they want to be matil geirul, obviously they're at each other's throats to the point they don't matil geirul, so therefore yechazinu makpidim. Afilu hem shecheinim, lo bnei chaburah. Bnei chaburah. How would you translate bnei chaburah? I taina bnei chaburah is the taich, let's say they're in yeshiva. Bnei chaburah, or they're going away on a trip, for example. It's a group. Yeah? So group is, that's called bnei... that's how I understood bnei chaburah, and shecheinim are neighbors. So afilu hem shecheinim, v'lo bnei chaburah achas, derech stam shecheinim ki'ela makpid eilu al eilu. For example. No, chaburah is less. Chaburah is less. Shecheinim is yeah, makpid. Chaburah is friends, we're a group. So what, I'm going to fight over you that you got a bigger piece of chicken? But if it's shecheinim, it's to the throat, it's to the din Torah. Must be a leikut shecheinim. Anyways, I was on tape, okay, I'm sorry. But, כי... לבני חבורה, ... דרסתם שכנים להקל ... מכל מקום, לא אסרו רבנן לחלק בלי גורל. What's the taich? So I understood the vav. This is not the story. This is the geirul. I, geirul by Bnei Bayis, so the din is certain geirul is mutar. Because otherwise, shecheinim hamakpid, so what do you have from it? Shecheinim hamakpid, so they'll come lidei middah mishkal, so you should have the gezeirah. Teretz is they only assered the geirul, unless you say it's because obviously that shows ultra makpid. Or you say, I don't know. I'm not sure. No, the pshat could be they assered geirul. This siman is not about makpid and middah mishkal to geirul. That's what I'm trying to say. Right, he tries to get it into the ta'am ha-gezeirah, and I'm trying to be magdir like a Brisker that it's a din geirul, and that's why I told you I'm not clear the hagdarah. This is the lomdus, chaboisei, of this sugya. The lomdus of the sugya is, is it about— No, because you'll soon see that it's not so pashut, because the Biur Halacha speaks about Bnei chaburah who are so makpid on each other, might be asur even without geirul. And grada...

You'll see a beautiful Biur Halacha that says that if the chaburah is so makpid on each other to this point, you takkeh shouldn't be part of them. You shouldn't be part of this chaburah. But not because of that, not because of rishus, of bein adam l'chaveiro, because you might come to have geirul, midah miskalat Shabbos. It's the Biur Halacha. So you come and tell people, you know what, I can't be part of your chaburah because I might come lidei midah miskalat Shabbos. It's the Biur Halacha. So, rabosai, I can't really do the reading for you. You know, if I sat and read every Mishnah Berurah with you, we would get absolutely— so let's read the Mishnah Berurah, please. Read them. I'm just giving you quick, you know, the points of the Mishnah Berurah, okay? But this is a good vart. Is the pshat, is the gezeirah, is the midah miskal, or is the gezeirah geirul, the asu geirul? So by shecheinim, so even the pshat by shecheinim is it's not going to come, since they're not making geirul. So even if they're makpid, chad al hasheini, it's not going to come to such an extent. Ay dilma, even if it would, that's not the gezeirah. The gezeirah is geirul. That's it. Wherever it's not geirul, it's mutar. Now look at the Mishnah Berurah. Kivan shemakpidim, ayin Mishnah Berurah, mah shekasuv b'Magen Avraham, yeah? Actually, I think he's going on the next one. Is it possibly going on the next one? No, this could be it. Kivan shemakpidim. So let's see Mishnah Berurah. Ayin Mishnah Berurah, mah shekasuv b'Magen Avraham, daled bnei chaburah shemakpidim zeh al zeh, afilu chalak bli geirul asur. You see? See the Biur Halacha? That it's possible even without a geirul it should be asur, because since they're makpid, there's this sevara, yeah? Vechayshin sheyavou lehaskir shem midah miskal. V'zeh askinan shem miskal. Gam etzem mishtatfim anashim ka'eilu ein kedai lechatchilah. You see it? D'mitoch sheheim regilim lishol tad echad mechaveiro, vadai yavou lishol gam b'Shabbos Yom Tov, umitoch hakpadasan eila al eila yavou lidei midah miskal. Here, what's the tzachapta? So in other words, you're not going on a trip, azoi shteit, halacha l'maaseh. You're not going on a trip with a group of guys. I'm saying that they're kabdanim, that they're such karga meshugene menchen. You're not going on a trip with them. That's it, azoi shteit, no? That's open nimtza. It's plenty b'nimtza, because in your circles it's not b'nimtza, because you're a tzaddik. Bachurim are okay. They are. You mean if the food is not l're'av, then they'll fight over a piece of kugel, so then there's a problem, takke. Tameida d'gabei halacha. Okay, rabosai, read the Biur Halacha quickly, let's get through it, and let's move on, because he's mesupak. I think at the end he's not even so clear if it's taka asur or not, because he says this svara that maybe it has to be dafka al yedei goyrim. Stam she'ein chaverim, mutar b'Shabbos. ... v'nichnas ... b'vadאי שיבואו ... וזה דווקא מחבורה. ... שאינם חברים, אף שמסתמא גם כן ... מותר ... בשבת ויום טוב, ... לא גזרו ... ונראה, דאף לחלק בלי גורי לא אסור בשכנים, בתנאי שאין דבר זה מצוי אצלם תמיד, לא חייש רבנן ... כן. So even if the svara is that they can come l'yedei mida d'miskal, ah, but they didn't aser. They didn't aser. They only aser goyrim. This is the lomdus. Goy, that's it. But you see by chaverim, bnei chabura that are makpid, it's worse than shecheinim. It's good, that's the vad. So they only aser goyrim. Whatever it is, they only aser goyrim. But by bnei chabura, if they're takke stingy, stingy, difficult people. A, you shouldn't go with them, zogt them Mr. Bura, and B, even without geirul. Even without geirul, you're not allowed to be mechalek monies. Unbelievable, huh? So let's say they're fighting in the yeshiva over a shtickel, over the kugel. You're not allowed to do it. I don't know. That's what bothers me about this seif. Like, k'mat nobody talks about it. It's like almost unheard of halacha. What? That's what I'm trying to tell you. If there's this little food and they're fighting over the cholent, maybe you're not allowed to do it. What are you looking—what did I say? That's what it says. You're taking it in, huh? You're not going to find that. I know the sefarim don't bring it down. Maybe they're ashamed to bring it down. What? About the cholent in Telz Cleveland? Helsl. You know what helsl is? That's what they put in the cholent. Kishke type. It's a type of— but helsl's real. Helsl's the real kishke. Okay, but the official helsl is because it comes from— because they have to copy what it was in Telz. It's illegal, but it's called helsl. Helsl is considered the regular kishke. They used to put helsl in the cholent. You can get it. It's assur, avada. They claim it's extremely unhealthy because all the blood, all the blood, all the dirt goes—

The chemicals, it tastes extremely unhealthy. All right, shein, hakashuv hama'aseh. What? The what? I can't eat what? What, Hellzel? It tastes good. What do I remember as a kid? They used to serve it when I was a kid. I don't know. It's definitely ugly, extremely ugly stuff. It's real kishke, means you see the intestine. Pretty ugly stuff. Okay, b'kitzer, rabosai, let's go weiter. Usually in a yeshiva, you don't have someone giving it up, unless maybe whatever, there's someone, you know, behind the serving table. Okay, so they'll fight over the food, I'm telling you. It tastes worse. Taking the washing here is only l'chalai? Six guys just doing... No, b'shutafus, אין חילוק, it's asur avada. ... They're going to sit there, bimakpid — you got a bigger piece, I got a smaller piece. Why are you taking that big piece? Let the ... decide. You want to know what we're going to learn now, in a few minutes? That if they make a shutaf, a goyrel between themselves over something, the father's making the goyrel here. But if let's say between themselves the brothers make a goyrel, it's asur. I'm saying normally no one's making a goyrel. It's not called mechalek. The question is, they're going to come there to measure who got more and who got less. Bnei chaburah makpidim echad al hasheni becomes a problem. Never seen anyone start measuring. Huh? Never happened. So what should I do? Okay, let's go weiter. Okay. I don't... You’re saying the whole takanah doesn’t apply today, because no, we’re not. Maybe it was in the old days, the food was so scarce that they had to fight over food to the point that they measured it. What should I tell you? What should I tell you? Midah has to be davka with a tape measure. Maybe midah means, here, you got the size of a fork and I got the size of a spoon. That’s also maybe a shaylah of midah, huh? Midah’s also, no. So maybe if they measure, you got four inches and I got six inches and they measure it. I don’t know. What should I tell you? L’maaseh, there’s a Mishnah Berurah that says if they’re makpid to the point that they’ll ask each other, ‘How you tachn, you got bigger, I got smaller,’ it’s a problem. The Mishnah Berurah says you want to say it’s not nogea b’zman hazeh. All right, ken zayin. Al kol panim, sixth grade. People, there are people that do main taka. You could be in college and still be a fourth grader. Come, let’s go weiter. Old men, old men are babies with white hair. What are old men? Okay, let’s go weiter. Right? So, vashteit in Mishnah Berurah, da. Zel. Zeh hainu shelo yimchol l’chaveiro af al davar mu’at, o l’hatil goyrel. Hainu, d’mi sheyizkeh b’goral yitak doleh, mi sheyischayev yitlaktanu, u’vichlal sechikas kubya mamash. What is kubya? Mamash misachkin b’etz... it’s dice, kubya. V’kubya avak gezeilah, midivreihem, right, she’ein daas l’haknos b’kinyan gamur, lachi asaf b’chol. V’adam al habayisim b’nei beis lo shayach gezel klal, the whole thing with gezel. It’s my food and I give whoever I want to give. What’s shayach gezel? Sheharei hakol sheli, mikol makom, lomas l’socha b’kubya macherim, because you might come l’kubya macherim. Right, vachem b'vadi asa b'chol, v'kol shekein b'Shabbos. D'kubya dami l'mekach umemkar, kubya is domeh l'mekach umemkar. Now I'll tell you the emes. He's not 100% wrong, and that's why I told you I don't have the Hagdarah of this sugya, and I told you the Shulchan Aruch and the Mishnah Berurah say something different. The Shulchan Aruch talks about midah u'mishkal. The Mishnah Berurah talks about kubya dami l'mekach umemkar. Kubya and dami l'mekach umemkar, kubya by a mechalek, where I have to give out, and the question is who gets what, so I have to make a goral who gets what. But midah u'mishkal is really a sugya nothing to do with mechalek. It has to do with if you machbid, you'll measure. Kubya, by kubya, is a sugya by a mechalek davka. But you'll soon see from the Mishnah Berurah not that way, and that's what I'm trying to tell you. I'm not 100% sure what exact. On my notes, you know how I start this whole seif? From here. All this was just, you know, just the Mishnah Berurah and reading of the Mishnah Berurah. It starts on my notes from right here. Mesachek here, Shulchan Aruch, yavodei mishkal u'midah, Mishnah Berurah se'if chaf-beis, v'dameh l'mekach umemkar. It's not the exact words. It's not—one thing is midah u'mishkal.

Another thing is part of nichl and the gezeirah of mekach memkar, and you'll soon see why I'm mechalek like this, because—okay, you'll soon see what I want. Keep in mind, dummy l'mekach memkar. Okay, says the Mishnah Berurah weiter, she'ein makpidim, sheharei hu noisen lahem hakol misheloi, v'shachach shas tovil mishkol, v'gam kubya ein kan. See? You see what's going on here? Yeah, chav gimel. She'ein makpidim, sheharei hu noisen lahem hakol misheloi. Yeah, it lays, it's not kedai. I'm telling you, it's beautiful shiur. Today is mamash—it always is beautiful, but I have to say it every day, so. You see the chiluk the Shulchan Aruch talks about mida mishkol, Mishnah Berurah talks about mesachah b'kuvya. Now look at the next Mishnah Berurah, it's chashan. In the next Mishnah Berurah he even speaks it out that way, כאילו like that there's two inyanim. She'ein makpidim, sheharei hu noisen lahem hakol misheloi. The second thing, it's כאילו it's like two different sugyos. It doesn't make two things. There's—there's two things. There's— No, he doesn't mean chol here. No, even on Shabbos there's a mesachah b'kuvya. Mesachah b'kuvya. Says, v'kol shekein b'Shabbos, d'domeh l'mekach memkar. Yeah. Don't say because there's a chashash that you'll do a— Right. And then he talks later, she'ein makpidim, sheharei hu noisen lahem hakol misheloi, v'shachach shas tovil mishkol, v'gam kubya ein kan. This is going on the—on the ein makpidim. Why can't you be referring to the chol problem? I don't know. It's not mashma she'ein makpidim is the chol problem, aval im acheirim asur, is because al Shabbos. This goes back to Shabbos. This is not going back to chol. The Shulchan Aruch said there's two problems. There's a problem with mida mishkol, there's a problem with kubya. Right, good. No, Shulchan Aruch never said kubya. Shulchan Aruch said asur mishum kubya later. Al tchoyl. But on Shabbos is the sugya kubya? Not a question of a heter. I'm saying a different nekudah. He said the problem of kubya is al t'mechamemker. He's saying a whole new sugya. My kashya is kubya is about chol; Mishburah says kubya is about Shabbos, mechamemker. He said good, I'm telling you that he made that up, meaning that's not the Shulchan Aruch. Mishburah has to add his own long gezeiros? What are you talking? Mishtei midam Mishkol. Mishburah comes and makes a sugya, mesachek b'kubya out of al t'mechamemker. He says it clearly: b'Shabbos the kubya. Tairutz says, u'kol shekein b'Shabbos, the kubya dami l'mechamemker. It's not in the Shulchan Aruch. This he made up. This is a made-up thing. Now, you don't have a problem that the Mishburah made up something? It doesn't bother you? It bothers me very, very severely. What does that have to do with the gam kubya ein? In Chav Gimel. You see that bichlal there's a sugya. If one would be matir on Shabbos, you have to take care of the problem of kubya also, assuming there is a problem of kubya. I'm just telling you there's no problem of kubya on Shabbos. Who said it? Mishburah said it, but where does it come from? Yeah, but he's not... the she'ein makpidim is Shabbos. This is not—this is a sugya about Shabbos now. I understand. Maybe Shabbos has two problems. There's one problem, the Mishkol, and there's a problem of kubya. Right. That's a doshteit in Shulchan Aruch. Correct. But Mishburah borrows that kubya from chol, which is a Shabbosdike kubya. But when the Shulchan Aruch is matir on Shabbos, he's matir both scenarios. Okay, so leave that alone. But you see that the Mishburah added kubya to Shabbos. So now what? That's a new sugya to me. What are you looking for? Okay, so you have a problem. This is not even a diyk. This is an aruch l'doiros. This is beautiful. The only time the Mishnah Berurah brings in kuvya is in the case of ... And that's the only time. Of course it changes the sugya, because if קודם is a sugya mekach umemkar, now you have to go into mekach umemkar on Shabbos. It's a whole different sugya. That's the case of ... But who said it's a whole different sugya, mekach umemkar on Shabbos? But that's not the whole sugya. Mishnah never said that's the whole sugya. Mekach umemkar on Shabbos becomes a new sugya. There's two sugyas here now. The Mishnah Berurah went from—forget about chol, leave chol alone for a minute. Yet, are you maskim that the word mesachek b'kuvya and mekach umemkar is two different sugyas? Mesachek b'kuvya is a choldike problem. So the word kuvya is not found at all l'gabi Shabbos. It's goyrel, which has to do with mido u'mishkal, and the Mishnah Berurah made it into mekach umemkar.

In the case of gadol and katan, otherwise they don't bring it down, they don't discuss it. Whatever, it's goral, the case of kubi, yes or no? It depends. It doesn't depend. It says clearly, u'kalskein b'Shabbos. So why in the first case I'm mechalek in the basis? So that's what I pointed out, that you see that it has nothing to do with kubi on Shabbos. It has to do with mido mishkal on Shabbos. It's a different sugya. You see clearly that the sugya is mido mishkal on Shabbos, and then there's a sugya of it's a kubi on chol. And the Mishnah Berurah makes it there's a kubi which is a mekkach umemkar. He adds a whole new ingredient into the sugya, which makes big nafka minas, because now you have to go through the sugya of mekkach umemkar on Shabbos. Now it's not only mido mishkal, it's different gezeiros. It's two different gezeiros. Mekkach umemkar is an issur al kosev, and mido mishkal is a different issur, it's something else. Meaning it's revolved around kosev, it's not mekkach umemkar. Mido mishkal is not do mekkach umemkar. Okay, we'll soon see. Let's go further. Vegam kubi, ein kan ... chelko mishal atzman. Ah, what about the chelko mishal atzman? Asur, mana gedolah, neged mana ketanah. And the truth is, I have a very big problem. You ever see the way they give out snacks and stuff, and they go one to ten? I don't know what the heter is. I honestly don't know what the heter is. I mean, I do have a shtikel heter. When I say honestly, I don't mean honest, I'm dishonest about being honest. Mishnah Berurah, sif katan chav gimmel. So how could you do one ten? The yesh omrim is saying, d'im banav uvnei beiso mutar l'hatil goral, afilu... that's he with his banav uvnei beiso. Yeah, so a father could say one. But b'shel atzmon is asur. And I want—wait a minute, wait a minute—and grada, we pasken like the first shita. The Pri Megadim, the klalim. This is one of my big shailas: how do we pasken it? Maisah, how do you pasken? You pasken like the first shita or the second? It's not the Pri Megadim, the klalim of the Pri Megadim. In Orach Chaim, klal lamed daled, the hakdamah to klalei hapsak, lamed daled, he says clearly that whenever there's a stam and a yesh omrim, you pasken like the stam. Whenever the mechaber brings a stam and a yesh omrim, we pasken like stam. First, the Pri Megadim, klal lamed daled. So l'choira it's only mutar when it's shaveh. So when it's not shaveh, it becomes asur even by the baal habas. So if a father has two, so if the father has two, a big and a small, and he goes one to ten, four, you're not allowed to do that on Shabbos, l'choira. On chol also? On chol, yeah, maybe. And on Chanukah, on chol also? Maybe, maybe. I don't hold that the whole halacha is true anyway in kubya. I mean, I hold it's Rema and Shulchan Aruch that this is all not kubya anyway. We don't pasken like this mechaber. I'm asking good, good kushyes. And the Teretz is like the Lechamim. I'll make a Chinese auction either. We'll see, I'll make a Chinese auction. What's kubya? We're going to soon learn this. That's why you have to be a little patient, and I'll show you that kubya maybe is not just one to ten. Kubya is a little more serious than just one to ten, okay? We're going to do the next Mishnah Berurah, okay? I wanted to give—it's not a game, it's a serious thing. I want to give out—well, there you can lose. Sure you lose, I'm telling you. The big and the small. I want to know if I want to give you the big or the small. You don't have either. When you gamble, you're putting money in, and if you lose—this is not gambling. What does it have to do with gambling? Here it's not. This is not about gambling. It's mechalek monies. You're talking about a father who's giving out candy to his children. This is different than kubya. This is not a case— But you're saying the Shulchan Aruch says not like that. Shulchan Aruch says it's kubya. What is aser. And on Shabbos it's a vadai aser. Even if you hold it's a mutar on kubya, it's aser on Shabbos, gezeirah. Right? Don't tell me you don't know one to ten is. You know what the ma'alah of one to ten is? By me, they always lose. It's not shayach for them to win. I give them—yeah, change the number. Yeah, no, no, wrong. And by the time they go around, if I dreidel them a cup—no, it was the one, and also the one who you want to win always wins. That's the ma'alah of one to ten. ... anyway, it's mesachek, you love them, I'm playing with the kids' minds, you know. Okay, rabosai, so what's the heter to mesachek? It's gezeirah. What's the heter of gezeirah? Okay. Kitza, l'hatir gezeirah. Okay, so you know what, we'll do the next chavdaled.

It's like almost like a new sugya because he goes into a lias, about raffling off a lias, and Shabbos and Yontif, that's the next one after that, Chof Hei is Shabbos, and Yontif might be mutar. So let's stop here for a second and then get back to it at the end of the shiur. Let's start taking apart now what it says. So, mechalek li'bnei beiso, monies b'Shabbos. So what's bnei beiso? So the first shaila is, what happens if a balabos, he's giving his things, right, and he has kids in his house that are sleeping by him for Shabbos or sitting around his table. Would that be considered in the klal of bnei beiso because they're not really makpidim? Or, that's a klal of aval l'macherim asur. The sevara l'choira is, in macherim, that it means that they have akpada, like people at your table don't have akpada really in what you give them. I mean, you give them whatever you give them. They're makpid? You can tell me that your son's friend is makpid that you gave him a smaller or a bigger piece? It's not— No, what I mean to say is, in macherim is when you have a right to ta'ina. Ma she'ein kein bnei beiso, it's nothing. Unless you see taka, but if it's not shaveh, it's metel kina bineihem. So maybe it's shayach kina bineihem when it's not your children. I'm not—it's not clear here. Halacha l'maaseh, I told you that we pasken like the first shita, and it comes halacha l'maaseh. Are you allowed to raffle off a bigger and a smaller? Are you allowed to do that? Yeah? If to your children—I'm sorry, a bigger and a smaller, l'choira is asur. A shaveh b'shaveh, which means more or less the ice creams are equal. Then it would be mutar l'bnei beiso. What about people sitting at your table? I don't know. Now I had another shaylah also. What happens if they're shavah b'shavah in size, but they're different colors? I'm raffling off the cherry one, or, you know, over the different flavored ones. What would that be? What? Huh? That you're saying is more makpid. That might be cut... You hold of it l'maaseh, l'choirah, yeah? Okay, good. I'm just learning—what? There's no mido mishkal. That's what I was thinking. No, I'm asking. That's really what my shaylah is. I wrote here, well, there's no mido mishkal. Right? That... and that lachkuv maybe, nafkamina between the two sugyas, yeah. It needs hagdarah. Maybe by the colors, the colors is a little different. Colors might be a little different because there's no mido mishkal. Ma she'ein kein, and the Chametz, it's mekach ta'us, maybe it's closer, but al mido mishkal might be a little different. So you see it's an other sugya. Okay. Now, I told you about one to ten. So what do you do with the one to ten? So let's take a look. The Mishnah Berurah talks about two types of goyrel: a little serious and a little less serious goyrel. L'hatil goyrel, hainu, chav daled. He says that for aliyes you can make a piyus, and he brings a raya from mi'shochin mi'zorik. In the Beis Hamikdash they used to make a piyus. So how could you asser piyus on Shabbos? You see that they did it. Now, I would have answered pashut: eshvus b'Mikdash, and then it's negeia d'avodah, giving out candies is the same thing. Chavesh Mishnah makes into a whole zach. It's a whole biur halachah about it, meichteisa, and then, okay. L'maaseh that's the raya, all right. V'ayin b'neiza Kodesh, shem b'shem Shos Yankiv, shemashma eino mutar rak l'hatil goyrel mi'toch haseif. I'm not really sure what it is, but it's more or less a book thing, that you open up the book, and if it turns into this page or that page and this—even numbers. Huh? So wait a minute, so that's mutar. Aval l'hatil goyrel al yedei piskos, which is like a more serious type of goyrel—go ahead, read, go ahead—no, no, shenichtvu me'erev Shabbos. They put it in a box. He sits more serious, so maybe the one to ten, it's a shvache, it's a shvache geira. Maybe it's a shvache geira. What's if a guy has a box of cards? That's the case. That's what they all bring. That's one of the cases. That's from here they get it. So we have to talk about it. Even though he's not raffling it off, we have to talk about it. He's not saying whoever... Right. But whoever comes out gets the... I'll do it. I'll do it. According to this, you know. No, the guy has the box. Who's he supposed to call up? He takes out a card. Tavnis nishtanah like the Mishnah. Shot it on a card? Tavnis nishtanah like the Mishnah Berurah. It's a nishta geira.

It's an issur geirul, because you're choosing the guy through taking something out of a cal, out of a box. Who is? Huh? ... looks so weak there. On Shabbos, you wouldn't be allowed to pull out. Not geirul. It's a geirul. This is the case. Read that halacha inside here. You know, he has to read Chavdaled. That's not the point. That's a gezeiras geirul. Gezeiras geirul. Gezeiras geirul, but not on Shabbos. It is on Shabbos. Gezeiras geirul is on Shabbos. This is called on Shabbos. You're allowed to raffle off things in the weekdays. It's Shabbos. The sugya is about Shabbos, Chavdaled. Where did that come from, all of a sudden? Because he's going back on the case of l'hatil geirul. That's a gezeiras Rabbanan, that you might come to do mida mishkal. And this is what I wanted to say: by the tzvayim can't be worse. What do you say, there's no mida mishkal? Was there a mida mishkal over here? You see geirul's also, there's no mida mishkal. What? You mean you're measuring the guy according to the ...? What? No? What's wrong? You don't hear it? I hear. It's gevaldik. Mida mishkal. Okay. Mida mishkal, mida mishkal. Okay, so you see from here that geirul's also, unless you say, like we said before, that it has to do with mekach umemkar. It's a mekach umemkar dika halacha. Mechachah b'kuvya is nichlal in giving a guy through a geirul, so it's nichlal in mekach umemkar, which is a chiddush. That's what it says here. And therefore it even has nothing to do with mida mishkal. Say, l'choira, you have to say that even though—I'm not saying that that's where he— but to talk about aliyah, that I'm raffling off an aliyah by a goyrel might only have to do with mechalel. And the truth is here, the goyrel, yeah, has nothing to do with mishkal, and af al pi kein it's asur. This even has to do with mechalel. If it's a mechalel, why is it asur? You're allowed to do mechalel like that for— L'dvar mitzvah. So that— We do. Can I show you something? This is the main kasha I have on the whole thing here. Pitzarechin, l'choira limkor vadai mutar. It's mutar on Shabbos to mechalel dvar mitzvah. We do it. What's he talking about? Goyrel is asur because of mechalel. This is a kasha. All my life I've asked this kasha. You know, certain kashas I walk around with, they're home runs. These are home run kashas. This is a home run kasha. How could they aser goyrel, it's mechalel? Mechalel or vadai is mutar. You just said it. You just learned. Altz mido mishkal it's not a problem. Goyrel is asur. But altz mechalel. Say that. Where does it say the problem of kuvya is on Shabbos? Where does it say? The Kol shekein b'Shabbos, the kuvya dami l'mechalel. Before that he says it's asur on chol. What do you want from my life? Tell me what you want me to tell you. It's asur on chol, and the answer is you're allowed to sell aliyahs on chol, so leave me alone. Not the kuvya. I'm talking about goyrel. Goyrel's kuvya. There's two problems of goyrel. Okay, katzlut. One is koveya, and one is—even if you're gonna... koveya on chol, and koveya on Shabbos is another problem. Now, if you have a problem of mido mishkal, this shayach to mido mishkal? We're talking the Mishnah Berurah. How's the Mishnah Berurah? The Mishnah Berurah says, ‘Kovya is asur on chol or Shabbos.’ So it's asur. What's the difference? And the answer is, u'kol shekein b'Shabbos, kovya is a problem because— I'm asking you, but the geirul problem of mido mishkal you have? Is there a problem of mido mishkal on Shabbos? Are you gonna weigh something or measure something by the aliyah? Three problems. Well, the problem is Shabbos. It's not koveya. So let's start again. This is how I started the shiur with this. Is it about mido mishkal? Is it about a takanas geirul brisk? It has to be geirul no matter what. Good? So that's what it says. The Mishnah Berurah says that geirul has two problems. So you know who said that? Me. That's the point of the shiur. The point of the shiur—I started off saying that the hagdarah is brisk, geirul. No, it's not brisk. It's the Mishnah Berurah says it. The Mishnah Berurah says right before, ‘b'chol shekein...’ He says, ‘b'chol.’ No, no, that's kovya. We're saying geirul now. Geirul, even if at the end of the day I don't do it mido mishkal, it's still asur. So either the pshat is because of mekach umemkar, which is what you wanted to come and say, but then I have a problem because even here mekach umemkar is mutar, and the Teretz is geirul.

Itels didn't forgairl l'shem geirul. That's it. They asser geirul. Why would geirul be aser b'chayal? Why would the Mishnah Berurah say geirul's aser b'chayal? רבי יצחק, listen to me. No, simple. The Mishnah Berurah says it's aser b'chayal. Okay, I just want you to repeat after me. I began this shiur that geirul might be a problem because either mida mishka, what it says, or because of mesachek b'kuvya and mekach umemkar. No, no, there's nothing. There's nothing to argue. That's what it says. There's nothing to argue. That's what it says. Of course there is. Who said kuvya is mekach umemkar? Are you happy to say it's two problems? What? How much problems do you want to say it is? Two issues in kuvya. You had his one, gambling. You see, whatever you want to say, there's two things in kuvya. Fine. Is that what you're happy with? Fine. Both things don't apply by aliyos, because A, you're not measuring anything by an aliyah, and B, it's mutar to sell an aliyah, so there's nothing. There's nothing. There's nothing. You can't argue on the first A plus B. Whatever it is, that's a different problem. You're not allowed to do kuvya on a weekday. But on Yontif you're allowed to do this, so don't hak me a shayna about kuvya. This is mutar. You're allowed to do this. You're allowed to make geirulos for aliyos, period. And even on Yontif. Correct, even on Yontif. That's the next one. Because selling aliyos is not the type of kuvya that you're not allowed to do during the week. So then it's not a problem of mekach umemkar on Shabbos either. That's Rebbe's kasha. That's my kasha. That's what I'm trying to prove to you. Who's not? No, it is. So how can it be a problem if it's al tenai mekach umemkar? There's no mekach umemkar. No, I said it's not mekach umemkar. That's not what he's saying. If it's not kuvya, it's not mekach umemkar. Not true, because the kuvya that's aser is gambling. This is straight mekach umemkar. What are you asking? Should we be aser? Stop gambling? No, but it's mutar. You see clearly on Yontif it's mutar, and kol shekein a chol. The next halachah tells me on Yontif you're allowed to do this. So you're allowed to do it. So it's not a mesachek b'kuvya; it's a derabbanan mesachek. It's not gambling. They have two problems. You can have one problem that, A, maybe you're midah, and the second problem is maybe that you're mechamemker. But both of them are mutar, so what's to talk about? How could there be an issur here? And the teretz is, a naya halacha. There's an issur geirul. That's it. They asser geirul, period. End of story. That's what you see. And that's why I told you Brisk is dafka learning, they asser geirul. That's how I began the shiur, and it comes from this plus this equals the yesod, that it has to be geirul, because midah midah is not shayach, mechamemker is not shayach. Huh? Whatever it is, it's mutar. And the truth is, you should really look it up. In Choshen Mishpat, Rama says clearly that this is nothing; this is all mutar. There's not mesachek b'kuvya. Choshen Mishpat, siman reish zayin, se'if yud gimmel, it's klar. And ay, yitachen, pele, another bomb kasha, yitachen that the Mishnah Berurah doesn't bring it down. He makes it sound like there's a problem of kubya. It's not true. It's just not a true statement. We don't pasken like that. It has to be real gambling, where it's a smachta, like kanya, take a loss. It has to be a serious thing. It's not mesachek b'kuvya. Mesachek b'kuvya. Okay. Now let's just talk one more nekudah, and then we'll get into the sugya of the raffling things off on Shabbos. So by aliyos, what's the halacha? Shabbos it's aser, right? And on Yontif, right, let's go to the next halacha. On Yontif it becomes mutar, right? U'vYontif, mashma, ... shehari b'oifen... You're allowed to do it, right? Good? Okay. L'maaseh, you look in the Mishnah Berurah in Shin Vav, se'if katan lamed beis, lamed gimmel. He asks an interesting ha'arah. I mean, excuse me, he says an interesting halacha. Are you allowed to sell aliyos on Shabbos, chayretz mechach memkah? Mishburah, shin vav, shin vav, sif katan lamed beis, lamed gimmel. Are you allowed to sell aliyahs on Shabbos? Says the Mishnah Berurah, some say no and some say yeah. L'maaseh, you shouldn't be meicheh to those that say that you can do it. Go ahead, go ahead, which is mashma it's a p'sik reisha b'dei'eved. Go ahead. Yeah, yeah, yeah, go ahead. Shin vav, shin vav, shin vav. Yeah, but that's bluffing, whatever. Go ahead. Toast, toast, everything's toast. Go ahead. No, no, no, come on, come on, shin vav. I gotta finish my quarter two. Let's go, let's go. It's literally toast. Shin vav, sif katan lamed beis and lamed gimmel. I think it's lamed gimmel if I'm not mistaken. I wrote in lamed beis, but I think... Yeah, go ahead. Oh, hachrazas mitzvah, that's what he's referring to, hachrazas mitzvah b'veis haknesses, yeah. Oh, so it's not so poshut, but if those that do it, ein limchos b'yadam. Okay. You look at Darach HaShulchan, he's a little more positive about it, not just saying, 'ein limchos,' meaning...

He's very stark. Right here, it's in Tes-Vav, the Archa Shulchan. כדאי look it up. It's a very nice, beautiful Archa Shulchan. Oh, so that's different, right? Right, because there you're selling the seat, so it's a little bit worse. Okay. Okay, so how about on Yontif? On Yontif, hagralah is mashma that it's mutar, right? So I don't chap this, I don't see it. If selling the aliyahs is mutar on Shabbos, so how could hagralah even be a story, right? Okay. What about, to take out from this, סתם I want to give a matanah, a sefer, right? I want to give a sefer, and I want to raffle it off. That's the case of avos ubanim. In my days we used to call it pirchei; today it's called avos ubanim. Fine, change, ... You know why? In my day, the pshat was the father went to sleep, and the point of the pirchei was to get the kid out of the house. ... Avos ubanim, ... the father, the pirchei. Other pshat is, could be the ... the pirchei is אפילו the kid. The same child as the father; it's the child, so they both had pirchei. So they're going to raffle off things to the father. Okay, al kol panim, so if you want to raffle off, at the end of avos ubanim, okay, we're raffling off Avnei Meluim, ... are you allowed to do that on Shabbos? So there was a tumult in Queens about it in the good old days. What? Yeah, yeah, yeah, good, so the avos ubanim. So what's the halacha? Halacha l'choira, we just learned that hagralah would be aser. So maybe it's dafka b'kalpi. So they do put the tickets in, yeah? Okay, so what about on Yontif it's mutar, on Shabbos it's aser. Efshar, yeah? Efshar, yeah. I would say, I would say something else. I would say something else. Oh, now you're hitting where I'm going at. Look at the Shaar HaTziyun that wants to be mechalek between aliyas and the Magen Avraham of shechitah. He says shechitah is a little different. Why? Shaar HaTziyun, ois sif katan chavdaled. Ein shem b'dvarav, okay? Yeah. V'gam ze lo avin. You hear? The dilma rak al achilas basar katchim shemitzvas aseh gemurah היא. Here, here, by us, chavdaled by us. Maybe by kodshim they will matir it, right? You have it? Chullin is weak, but it's something else. Shetiru l'atel chalashim al hakodesh means it's balutz, chalashim are balutz. Balutz. Who gets the shechitah? Chalashim are balutz. You know why it's called chalashim? The word chalash is a secret, secret, secret balutz. Lashon of charashim, huh? Whisper. It's secret, secret balutz, chalashim, okay, go ahead. Right, so maybe dafka achilas basar. Ma she'ein kein aliyah, who says it's a dvar mitzvah? So, haba'ise, let's make the cheshbon, yeah? This is even less than that. What's a dvar mitzvah? That you're going to give out a sefer. So that's also nichlal in dvar mitzvah, who said? Oh, the dvar mitzvah is the hasmada, to get the kid to come. So you would compare it to an aliyah, just like the aliyah, huh? Yeah, just like an aliyah, aliyah l'Torah. Okay, let me ask you a different she'eilah. Maybe the aliyah is better because it's not a chefetz. Remember by mekach umemkar we said where it's a chefetz, it's much worse. And here you're doing a goyrol with a chefetz; it's more domeh l'mekach umemkar. You like? It's a good svara, huh? You want to know something? The truth is, if you paid close attention to the Mishnah Berurah, you would have seen this in the Mishnah Berurah itself. L'hatil goyrel. Are you following me? ... What did you just say? What did you just say, by what? L'hatil goyrel. Ah, that's it. It's nichlal in the Mishnah Berurah here, l'hatil goyrel. What does he say? What is he trying to say? It's not a cheifetz. That's what— that's why I held the Mishnah Berurah means. Mishnah Berurah means it's not a cheifetz. It's a much better thing when it's not a cheifetz. So when I give a goyrel, even if I want to tie it into dvar mitzvah, it should be aser. So l'chatchilah, ... it's zayin aser. It's zayin aser. Yeah, you hear? The Mishnah Berurah says that aliyah— aliyah is less. Ah, you're gonna come and say, mizorik, mi-shochet? A, that's not a cheifetz, and B, it's a mitzvas aseh, the shechitas, it's a de'oraisa, and the Beis HaMikdash, ein shvus b'Mikdash. It's much more serious. Selling aliyah is more domeh to what?

Avad, that's what I'm telling you. So just because we're going to have a heter of dvar mitzvah to be matir it, first of all you see that goyrel is asur on Shabbos even for a chefetz. Even Mishburah is asering the goyrel, only on Yontif he's matir it, and kol shekein, and kol shekein when it's just a matanah. Okay, so l'chatchilah I thought, v'zal sas. Then I did a little research in the teshuvos. Let me tell you what I came up then. There's an interesting Maharshal in Be'ah, perek hei, siman ches, that he says you're allowed to sell the mitzvahs because it's not a cheftz mesuyam, because what are you donating already? He's bothered by the donation. What are you giving? He's not bothered so much the aliyah that you bought, what you're promising to give. He says that's promising to give; it's not a davar mesuyam. Makdish b'Shabbos is asur. He tells us to makdish b'Shabbos. You know, I'll be makdish a cheftz to beis hamikdash on Shabbos. So that's because I'm giving a cheftz. So you see the nusach in the end, make an appeal, I'm מחייב myself some סכום gelt. It's not something which is not mamashusdik. But even that, the Maharshal says, b'dochak makom l'hatir; otherwise he says it's not so poshut to make an appeal on Shabbos. Matanas machakin appeal on Shabbos. Running the shuls out of business. So there's a Tzanter Ramo in Darkei Moshe. The Ramo is over here too in se'if vav. He says, how do you have a minhag when you come to the sefer Torah, how do you have a minhag money? So he says if you're not menader a certain amount, it's good because it's only b'hirur balev and you say you're going to give, so you're not being makdish a davar mesuyam. What do you do? You know, it's interesting how you came ... You want to know something? ... So I ran you out of business, so what are you gonna do? So the truth... ... Matanah means I came to shul. That's the matanah. I came to your shul, and you look at that as the matanah. Or also, they didn't think sheyitein. Sheyitein thinks, they think that the shul is gonna give them. They didn't catch the word yitein means. Sheyitein matanah. They always think it's the other way around. ... The Gemara says, Af al pi kein, megamin afilu ... tzedakah. ... Why? It's midarbanan tzedakah. You're allowed to give for tzedakah. Good. So what's the problem with ... tzedakah? What's that? So the Torah says any mitzvah. You don't have to come and say aliyahs and zachin. Any mitzvah, ... mitzvah. ... mitzvah, mekach umemkar on Shabbos, right? So how far do you want to take it? So I had a very interesting ... There's something called a doron drashah of a bar mitzvah. Does anybody know what doron drashah means? You want to know something? That we lost the language of the poskim. When you say you're doron, when you give a present to a bar mitzvah bachur, what's it called? It's called a doron drashah. That's what it's called. He said a nice drashah, he gets a present. That's actually what it is, okay? It's called a doron. And when the rav said a good drashah, ... See, today the present, they listen to him. ... But in the olden days, they used to give a doron drashah to the rav. So shayach, you gotta give the drush on Shabbos. So the Chasam Sofer, avadeh, avadeh, it's marbeh chasmodim, it chivuv mitzvah. Let's take out the Chasam Sofer, leinen in the Vaynik, okay? Take out the Chasam Sofer, shin vav, here on that halacha. He says, gevaldik. Since it's bringing chivuv mitzvah, the Rav said, like with the drasha mentioned, maybe the people are gonna want to become a rav and zog drashas, marbeh Torah. So gevaldik. So with this Chasam Sofer, you could come and be meikel, you hear, to give at the end of aves ubanim, to give. You don't have to look; it's a Shulchan Aruch. It's on the Shulchan Aruch, in the Shulchan Aruch. Hagois Chasam Sofer. So if someone wants to give aves ubanim a sefer, nacht der mitzvah, chivuv mitzvah, midas... okay. So I said this here. No, there ain't kanoi over there. Yeshiva guy came to me in Queens, ... mechtaisa, ... Okay, so, ... in ... good vaych, in ... shalom aleichem. In ... eishes ... klar. ... present on Shabbos, in the shul, ... matanos ... a sefer because of this Chasam Sofer. You're looking the tur; you're not looking...

After, I would ... goyrel mechamka is okay, so then it's okay. Mechamemka is okay. It's va mitzvah, it's al tzmut, these things. You want to say maybe goyrel is a little different because it has nothing to do with mechamemka. That's the only problem. If you learn this, not about mechamemka, but it's the same derabbanans. What's the difference? ... This year was a dime. ... was a diamond today. ... Mati, you can give us a yeshiva shiur. You know what it is? You do know. I'm not mekabel. No, ... is the wrong word. ... We love you. Go give a beautiful shiur. Yes, do it.

About… On me! On me!

Amen.

en�� What's to say? Yeah, yeah. Blazy wants the taina. The shot is that even on the chol it's aser. Even on Shabbos it's aser. ... you'll stumble. A nugzei, you might come to do ... in the weekdays with ... you'll do the issur. Shabbos is also ... chol. No, I'm not. So you're saying you might come ... to do ... That's what you're reading in the Mishnah. You're gonna get around the school. The kids will run around the school. He's trying to say that even regular ... with the balabos should be ... Yeah, it's two. You have to stop. You have to comment. The problem of ... is ... Right, is the shlich ... Right. Shabbos ... But I hear you. Okay, good, good, good, good. Yevaldik. Beautiful. Okay. Okay. Okay. You're in a rush, okay. It's still going. You know, your mairiv got into this shiur, so we'll always have you.