Hilchos Shabbos, Siman 243: Renting a Field to a Non-Jew, Kablanus, and Maris Ayin

Transcript

So if I didn't send him, so then it'll be mutar. I'm telling you, no. What really is, is the raivid is shlichus. Which shlichus? A shlichus shlichia. Now listen carefully. What was the question? Gershon, what was the question? The question was, sof sof zeh melaches Yisrael. And you know what the answer is? It's gevaldig now. Where I asked you, or at least I was happy that you did it on Shabbos, so then it turns into schiya mitam shlichus. But where I'm upset, you are mechalel Shabbos for me. So even though it's my work, that can't be called schiya mitam shlichus. Same thing, if let's say I don't want you to do zoche for me. I don't want. You're right. You were zoche for me, it's mine, but I didn't want. It can't be called shlichus mitam schiya. It doesn't make a difference. The bottom line is I feel בידיד on Shabbos. Hilchos melaches Yisrael, what's the difference if I told you or I didn't tell you? I don't have time. Huh? That's the answer. Because sof sof, l'maaseh I had hana'ah from it. So what, I didn't have hana'ah? I do have hana'ah. I do. I'm happy. So I'm happy the building that you built for me on Shabbos. That's the whole point. You don't have to send him, send him. I have hana'ah from it, schiya mitam shlichus. Sof sof, kibalti. Masheinkein the Rambam is the exact opposite. The Rambam learns it has to be called melacha, it has to be called melachas Yisrael. Says the Rambam, ... Yisrael. Hekvan since the guy didn't have to do it on Shabbos, but he's doing it rather what? On Shabbos because he wants to do it on Shabbos, so no matter what, it can't be called melachas Yisrael. Why? Because the melachas Yisrael's, the pshat, this was done, not b'rotzon. This was done here, working on Shabbos. The work of it, the melachah of it. You're right, the toitzah is what? For me. But the melachah was whose? Was for him. Where is melachah? Where is melachah? Again, where is melachas Yisrael? It's in toitzah, but melachas Yisrael is in maaseh. If you learn it's maaseh, maaseh is the goy. The goy wanted to do it on Shabbos. I didn't want you to do it on Shabbos. If you learn melachas Yisrael did in toitzah, then no, I'm talking in the Rambam. Lachein sover haRambam, mikivan shehagoy hu ha'oseh zeh al daas atzmo, peirush, in order he shouldn't have to do it on Sunday, so even the toitzah is my binyan, but he's doing the melachah for himself on Shabbos. So it can never be — masheinkein the Ra'avad held no, even on the toitzah, even on the toitzah. But since the problem is the shlichus, meaning because any melachas Yisrael should be asur according to the Rambam. The Ra'avad is telling Rambam, according to you I don't see the difference. But since I learned it has to do with shlichus, since I learned it has nothing to do with melachas Yisrael, it has to do with shlichus, okay, so let's work it out. Where the shlichus is that I'm not happy that you did it, I'm not happy that you did it, then it can't be shlichus. But kol zman I'm happy, even if I didn't send you — you see what I'm saying? The Ketzos Yaakov is nice, but this is clearer, this is much more clear in the Rambam, right? And he painted it no good. Mutar, mutar, there's no problem. That's I'm telling you the ra'ayah. That's I'm telling you the ra'ayah, because the pshat, I never sent you. I never sent you. Mishtarshi, the lashon of the ra'ayah is, I have hana'ah from it, and if I don't have hana'ah, then I'm taka mutar. Lefi the Rambam, it wouldn't make a difference. If sof sof it's my house and the binyan over here became painted for me, it will be asur. It should be asur. Unless I didn't ask him, unless he's doing it al daas the nafshei. This is how I'd be posek. No, we're not finishing. This I want to explain another halachah. If you take a— what, what, what, what, what? What happens b'kablanus, kablanus, the beises shel Yisroel, mutar asur? L'maaseh, beises shel Yisroel. I'm saying because of the haya, haya matir. But let's say you, let's say in pashut, Mishnah Berurah brings down the beises shel Yisroel...

My dain, because they ... My, let's say it good. So now you cannot say that it's ... because if it's al shlichus, what's the difference, right? If it's al shlichus, then she'll make a difference. I send you. But I send you. If you learn that it has to do with lo yasaf kol melacha, right, this is what the stipler wants to say, that in— but then it would only come out according to the Ra'avad then, right? He wants to say lo yasaf kol melacha. He wants to say, so the whole problem is, so even— so once it comes in my house, it's called melacha; it's shol regardless. But the only one who learns melacha is Yisroel says this is the right, right? So this is the stipler. Stipler wants to say, with this I understand the din of— The problem is what? The Rambam doesn't hold of ... What has— the Rambam disagrees with it. What do you do with the Rambam? I'm saying b'bayis, b'bayis shel Yisroel. What do you do with b'bayis shel Yisroel here? ... b'beis shel Yisroel, v'af b'mechol gam, afilu b'derech shlichus b'hedya. What's he saying? He wants to say a very chiddush, that where it's b'beis shel Yisroel, there it's asur even without shlichus. That's his teretz. So then it's a gezeirah d'rabbanan. You want to say it's ... So I'm not ... So what do you do with b'beis shel Yisroel? How does that work? Teretzi without shlichus? It's not ... I don't do it. Yeah. Big yesod. ... I get you ... Say that. Yes, you say beis shel has to do with ... not ... You say kiddushin. ... b'beis shel Yisroel. סוף סוף, אם אומרים שחיה מתה שליחות, זה לא שליחות שאני שלחתי, אלא שליחות שזה... מה מעילך לחשוב... על ידי זה שיש זכייה נחשב הוא מלאכת ישראל. זה מה שלמדנו בשיעור שעבר, you remember this? So that's why the Beis Yisroel always אומר... Because the Rambam never didn't hold of this svara of מלאכת ישראל. The question is what makes it into מלאכת ישראל. So there's two chiddushim. Chiddush number one is כשאני רוצה בזה. Chiddush number two is כשזה מביתו של ישראל. הרמבם אפילו שסובר שזה מטעם שליחות never held that it has nothing to do with מלאכת ישראל. This just says the main reason is... Why does it become מלאכת ישראל? Because... לא בביתו של גוי, על ידי שליחות. על ידי... No, zehu, that's שליחות, no? אז זה מה שאני אומר לך, כי כשזה בביתו של גוי, מה עושה את זה למלאכת ישראל? ... כי כשזה בביתו של... זה אסור. Because I don't want you to do it. Oh, that's what I'm telling you. The Rambam says if I do it for many months, even the שכיר יום will be מותר. The Rambam learns—you missed the point. The Rambam, who learns that it's meleches Yisroel, the kashya was on the Raivid. The kashya was only. According to the Raivid, that learns that shlichus, how does beis din shel Yisroel work? So he wants to say it's a special svara. I thought you missed the point. Yeah. I don't know how you explain. It's not a kashya בכלל, because it's still called meleches Yisroel. Schir was never because of shlichus, if my ma'aseh becomes aser. Schir was only that now it becomes meleches Yisroel. I'll tell you what, tomorrow. Okay, ... Good? ... No, no. Right, bad. According to the Rambam, it's pashut why it's aser. It's meleches Yisroel.

According to the Rambam, it's always asur, because asur ... Yisroel. So the Beis Yisroel ... it's always ... Yisroel. ... The Ra'avad learns ... away from ... Right, so you have a very good ... I mean, the way he ... shlichus means, I said ... he learns it in the Rambam. Maybe he has a kashya on the Rambam. That's a ... I learned in the Ra'avad, so I have a kashya on the Ra'avad. It's not a kashya on the Ra'avad anymore either, because it's not real shlichus that I sent you. It's that it becomes my melachah because of ... Yeah, you got it? Pretty much, or ... The answer is, he's mefaresh it, ... Right? Again, this, that you have to be moiche. Even though you never asked the guy, right? How can you have to be moiche? You never asked the guy. I never asked the guy to do it. He's doing it for me. I never asked him. ... says, ... Right? The halachah, you have to be mocheh, right? ... ... zeh shetzrichin limchot. ... Why? ... So he says it has to do with the smag. If you learn like the taam of shlichus, I never sent him, so why should I have to be moiche? But if you learn it has to do with lo ye'aseh kol melachah, asur, shabbos, so therefore I need to limchot. That's what the stipler learns, right? Remember, this halacha that I have to say, stop, stop. I never sent him. Why do I have to stop him? And the answer is because of the reason of the smag. So that's what we spoke. That's—I'm telling you, start with the stira. Hakilas Yaakov אומר פשוט. Zeh ... halacha ... chutz. Zeh banui al hahalacha shel— I mean, emes is that's what you see clearly in the Mishnah Berurah. Mishnah Berurah brings the smag and he brings the din lacha. That's what he explains, that you have to stop him from doing work. Mashma that according to the Taz of shlichut, you don't have to stop him. You know why? I never sent him. I never asked you to do it. That's Marit Ayin. See, he wants to learn that. The Kilas Yaakov says that this halacha of stopping is medina. It's not the Maris Ayin. I'm saying in place that even if medina is not obligated to stop, but mishum marit ayin, you צריך לעצור. Macha'ah. So he's not learning like that, the Kilas Yaakov. Kilas Yaakov wants to learn this, you have to be moiche. See, he's saying that this—it's not zulas biur; ma shekatuv שצריכים למחות, זה מדינה, זה לא מטעם מרית עין. How do we ... al dvarav דלא מוכח? How do we learn that it's not מוכח? Meaning, meaning, we explained that you could learn on shlichut and you could still learn macha'ah. Why? Because I explained to you the whole shlichut is not halacha of shlichut: I sent you to do something. It's zechiyah. It's when the guy does for me, then it's for me. Zechiyah. We spoke yesterday that when the guy does it for me, then it's like it's for me. If that's true, then I hear that even if it's shlichut, where I didn't send him, still the halachos have to be mochach. Why? Because I don't have to send you for this shlichut. It's not a shlichut that I have to send you. If you learn the shlichut is that I send you, that's not the shlichut we're talking about here. When we say the Hagahot Maimon says shlichut, you know what he means? That since I'm doing it for you, it's like it's you. Yeah, you want to do this for me? Meaning, the result of it goes for my friend. That's what over here. So, beis, eich bi'arnu v'hisagnu al dvarav d'loy muchach? Why? Because you could say, what simcha, that really what? It's shlichut. Why do I have to be mochach? The answer is because you're being zocheh for me, meaning you're doing it for me, so it becomes now my melachah. The shlichut gives it the halachah that it becomes my melachah, and I have to stop you from doing my melachah on Shabbos. That's upsetting.

Shlichus, it's not different than the smag. The smag learns it because the pasuk says so. Shlichus is the same concept, but because of shlichus. That's about the melech Yisrael. למה... In place that, that we're going to get to. We're going to get to that. That's mamash we're going to get to. Okay, so we're going to get. So the meantime is, I have to be meicha and say I don't want it. Now, even if I didn't ask you, as long as it's zachin l'adam, l'maaseh I have to tell you I don't want it. Huh? Yes, he wants it. It's for me, and he's building my house. I asked him to build me a house. I asked you not... I asked you to build me a house, and you went and built one on Shabbos. I have to stop him. Ma hu hechrech d'vareinu? And the answer is very simple, because the hagahos Maimoniyos is the one that says shlichus, and he's the same one that says that you have to be meicha. Ma hu hechrech? What's the hechrech? Hechrech means what forces us to say this, what we just said. And the answer is because otherwise there's something very wrong here. It's hagahos Maimoniyos that says the halacha of shlichus. He's the author of it, right? And he's also the author that you have to be meicha. So how could the Steipler come and say that, you know why you have to be meicha? Because of the smag. Obviously it has to do with hagahos Maimoniyos too. In other words, it can't be that hagahos Maimoniyos says shlichus, and he himself turns around and says you have to be meicha. The two hagahos Maimoniyos, it comes from him. He's the guy who says it. In beis he says it has to do with shlichus, and in vav it says you have to be meicha. Mishnah Berurah brings it down that way. Mishnah Berurah is the one who brings it. Who is the one that says you have to be moiche? It's a very big problem, because he's the one that says the stam ones is saying that according to the one that learns shlichus, you don't have to be moiche. It's a very big chidush. ... I mean, ... if he doesn't want to, he doesn't. ... I mean, it's taught to be cases. You mean where he wants it. When you chafetz ba'melachah, if you really want to, you chafetz ba'schirah. He wants to say the stipul: if you hold of this sevara of hagais ma'amari, then you don't hold of moiche. But you see it's not so. The stipul's yesod is that when you hold of shlichus is the reason, then there's no halachah of moiche. Moiche is only because of the smach. ... Who says shlichus is the one that says machah? So therefore I'm learning, obviously, what? That the one that learns shlichus has to learn also machah, and the reason is very simple, because the shlichus makes it into schirah. That's all it means. ... Now, we know—we're not holding it. We're not holding it. Now comes along the stipul and he says like this: We know there's halachah that kablanus is mutar, and sechir yom is asur. Why is the kablanus mutar, or the halachah of hagais? Sechir yom is asur. Kablanus is mutter, right? No, kablanus is... When you keep on saying kablanus is aser, Shmar Shai, from the ikar hadin, a kablanus is mutter. A house, to build a house. Rabbeinu Tam. You're allowed to go and build a house for me. Go build me a house, it's mutter, even if a guy does it on Shabbos. Why is that mutter, and why is sechirus aser? Meaning, meaning what? According to the svara of shlichus. So he says very simple. Sechir yom is a shlichus, because I sent you to do it. By kablanus, since I never sent you to do it on Shabbos, I sent you to do it—I never said do it on Shabbos—so there was never a shlichus for the Shabbos. He says like this: the halacha is kablanus is mutter and sechirus is aser. Why? He says like this: we have to understand according to the Ragatchover, meaning why, and then we have to understand why according to the Smag, why. So according to the Ragatchover, meaning why is—you know why? Because since there's halacha of shlichus aser, so where there's no shlichus, it's mutter. If I tell you sechir yom, if I tell you, do me work...

Schir yom is aser. Kablanus stam is mutar, right? Stam, taseh li etzel, v'ata oseh b'Shabbos. What? Kablanus is not aser. Kablanus is lashon... saying. Kablanus stam, שאני אומר תעשה. Period. Any kablanus is mutar. No, because what you keep on—so you're thinking you're already with Maris Ayin. Medina, kablanus always mutar. He's talking about Maris Ayin. He's talking about the... It's very simple. Kablanus in general, if I tell you, go build, do, and I never asked you to do it on Shabbos. Because then it becomes kiryom, because you're makpid. So I'll tell you, in the case of kablanus that's mutar—is there a case of kablanus that's mutar? Okay, now why? Why is kablanus mutar? And the answer is: A, or the halacha of the—you have to know how it makes sense in shlichus, and then you have to know how it makes sense in the smach. So in shlichus, he says the stam very nice, because since I never sent you to do it on Shabbos, so you're not my shliach to do it on Shabbos. I never asked. Schir yom is pshat I asked you to do it on Shabbos. Hashein כן, here I didn't ask you to do it on Shabbos. So beautiful. Learn something. He's saying very simple. If we learn the halachos of Reish Mem Gimel, the first thing is he wants to say macha'ah. Macha'ah says, very good, because if you learn in shlichus, then you don't need macha'ah. You know why? I never sent you. I never sent you. Why should I be moiche? I never sent you. ... you and I do my work. So what difference if I sent you or not? I do my... Yes. This you understood? Yes. Zeh mashma. Hamacha'ah, hamacha'ah ... rak l'fi hasmakh, v'lo l'fi ha... Any time this has to be mocheh. When you're doing melachah muteres b'shvili, you come and you're doing melachah, I have to be mocheh. It's only shayach, the whole halachah of mocheh can only be if you learn like the Smak. Because if you learn like that ... that tzlichut, there is no reason to be moicheh. I never sent you. I never asked you to do it. That's what we said. I'm telling you the ... This is how the Kilas Yaakov learns. Yes. So we said, I'm explaining to you. So we came along and said, right, so we came and said like this: if you understood the shlichut here, when we say shlichut in hagbahah ma'aseh, he doesn't mean shliach, that I send you, here, Avraham, pick up the pen for me. Oh, I picked up the pen, and mimeila that's why it's asur, ki'ilu ani chilalti es haShabbat. That's not what it means, because that's clearly ain't shlichut l'akum. There's no halachah of shlichut for a goy. Since when? Since when? I'm saying, I'm explaining to you, even the safek of ein shlichut, yesh shlichut doesn't mean this shlichut. That's only by Yehudi. So there's another thing of shlichut, schir, which means that not that I picked up the pen; you picked up the pen, but it could be for me. Hamagbiah metziah l'chaveiro... That's right. He's doing it for you. Once in Shabbat, he's doing it for you, that's called meleches Yisroel, you see? That's what the shlichus over here. The shlichus over here makes it that it becomes meleches Yisroel. If this is true, then I can learn the macha'ah is even according to the Tzad of shlichus, meaning, you learn like Dagot Maimoni that it has to do with shlichus, and still what's the halacha? I have to be moicheh. And the reason is because since he is doing my work, sechirah, so it doesn't make a difference if I asked you or I didn't ask you. In sechirah it's afilu shelo bikesh, even shelo bikesh. Therefore, I have to what? I have to be moicheh. This is what we explained. And why am I saying this? Because there's a very big problem. You can't learn that the only reason why you have to be moicheh is according to the Smag and not according to Dagot Maimoni, because Dagot Maimoni himself is the one that learned shlichus, and he himself turned around and said you have to be docheh, so they have to go together. Now we'll explain another halacha. What other halacha we explain? We explain the chiluk between kablanut and arisut. Kablanut is...

There, a reisha, meaning schirut of Yom, is asur. שואל last night what my hesber says. He says, beautiful. He says like this: If you learn that it has to do with shlichut, everything is so pashut. You know why? Because by kablanut, I never sent you. I never said, do it on Shabbat. ... If you made it, if you made it, if you smag. ... Yeah, fair enough. Why? Because according to the— we're not holding by smag— according to the ... koin mishlichut. So by kablanut, did I send you? No. So therefore it's mutar. V'ashen kein schirut Yom, I sent you, therefore it is asur. Okay. Then the staipler says, and what about according to the smag? What's the chiluk between kablanut and schirut, schir Yom? So he says like this: Since it has to do with meleches Yisrael, since the only time it's asur is if it's meleches Yisrael, so where I sent you schir Yom, then it's what's called adaita d... But by kablanut, since you could do it any time, it becomes adaita d... So therefore it's not even called what? No, we're not holding shlichut. It's not called meleches Yisrael, and it should be asur according to the smag. See the difference? You know, and you want to know what's so funny? The svara really in Shulchan Aruch always says adaita d... nafshei, not adaita d... Think for a minute that in the hagahot Maimoniyot, you don't need adaita d... That's the beauty of what the staipler is saying. Think about it. The chiluk of adaita d... nafshei is not needed according to the svara of shlichut, because only according to the smag. And the truth is, we do anyway. You know why? Because that's what the Mishnah Berurah everybody brings down. That whole concept of adaita d... nafshei is meleches Yisrael, not meleches Yisrael. In shlichut it makes no difference. You don't need it. Slow. He said like this: In the halacha, in the halacha of kablanut mutar, sechirut asur, it has to make sense according to both reasons why bichlal is an issur of meleches akum on Shabbos. It's a goy, akum is asur. So either we learn shlichus or we learn lo asa kablanah. Says the Steipler, if it's shlichut, if it's shlichut, I don't even care what the goy did it for. That's not even an issue here. By kablanus, I never sent him. I never sent him for Shabbos. I never asked you for Shabbos. Wait, wait, wait. Ma she'ein kein sechirut. I might ask him for Shabbos. Ma she'ein kein, according to the Smag, it has to do with you're doing for me, it's always asur. So then what changes between kablanus and— and the answer is, once you're doing it for me, right, and the fact is you could have done it at a different time, that's not called you doing it for me; you're doing it for yourself. That's the svara of a daas didan. Sechirut is— that's a daas didi, because I hired you for today. There's no sheiches to— once the svara is shlichus, you don't need a daas didan, because I never asked. The point is the chiluk is simple. Why is he doing it? He's building my house. You're missing the case. The case is he's building my house. That's the case. He's building my house. The only thing is he didn't have to build it today; he could have built it on Tuesday. So in the taam of shlichus, so that's the svara. In the taam of shlichus, I don't care what. The bottom line, I never asked you to do it for me. I never asked you for Shabbos. The Ran, Hilchos Yaakov, ha-machlokes shebein ha-Rambam veha-Raavad. The machlokes is very simple. We know that the Rambam learns even kablanut, if it's done l'zman meruba—I'm sorry, even sechirut, if it's done l'zman meruba, it's mutar, right? Even if it's done l'zman meruba, right? We don't care. Not yet, not yet, not yet. I'm saying no question. V'ech ma'asbir, lefi דבריו? According to his words, the Kelas Yaakov, he goes and explains the machlokes the Rambam and the Ra'avad. He says this explanation I just gave till now is the machlokes Rambam and Ra'avad. Now why? The Rambam learns l'zman meruba is going to be mutar. Even sechirus. It's not yom, it's sechirus, general sechirus. In other words, I'm giving you a set, I'm giving you the job for a year and I'm paying you for the year. How are we explaining the Rambam? Who? I didn't stretch the day. Something like that, right? In other words, I give you a year's worth of work, right? So it's somewhere in the middle, says the Rambam.

Since this is ma'amaruba, so it has the same ma'alot of kablanus. The same ma'alot, right? Because I didn't ask you to do it today. You know what? I don't care if you waste today, technically, and do twice tomorrow. Kablanus is the job. Kablanus is not the time. It's the job. Get the job done by היום. Hashem here, it's time. It has to do with these days, right? I give you two weeks, so every day of the two weeks is included. But you didn't have to work on Shabbos. You could work double on Sunday. No one asks you to work on Shabbos. The Rambam calls that mutar, and the Ra'avad calls that asur. Why? So that's what we'll discuss. So don't run away. It's very good. Come, come. Fist, fist, fist, fist, yeah? I know, but I wanted to make it easy for you. I'm trying my best to make it. He says like this. He says this: the Rambam is going to learn that the sevara is shlichus, yeah? The sevara is shlichus. No, I never sent him. I never sent him to work on that day. I have hana'ah from the fact that you're working on that day. That's what he wants to say. The Rambam is going to learn that after shlichus, in shlichus, I never said, Do me a favor, work Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Shabbos. I never said that. Since I never said that word, right? says the Rambam, I never said, Work twice on Sunday. Who cares? I don't care. What do I care? As long as you get the job done. Get the job done. That's how the Kilas Yaakov learns the Rambam. I don't know the regular way, because I don't care. It's a difference. I don't care what he does. Are you allowed to bring cleaners to Shabbos? Are you allowed to bring your stuff to the cleaners an hour, two hours before Shabbos when he has enough time to do it before Shabbos, even though you know he's doing it on Shabbos? Who cares what he does? Even if you know that he has no time enough. Right, you know for sure he has no time to do it before Shabbos. You're not allowed. You're not allowed. Even if you know that he has no time enough. As long as he has time, it's mutar. What are you talking about? He does it al daas the ... No, ... on Shabbos. Whatever, enough time to stop before Shabbos, whatever you want to say. Exactly, whatever it is. But what happens? We're all talking about the same thing. We're all talking, please. Yes, we're all. It's the same. Again, but the Kilas Yaakov learns, the Kilas Yaakov learns that according to the Rambam it's ... and according to the Raavad he wants to say is the smag. Lo ya'aseh kol melachah. What? The Rambam is going to learn shelichus. The Raavad is going to learn it's lo ya'aseh kol melachah. And since I have hana'ah ... zman merubah, that even if I make you a schirus l'zman merubah, it's asur. I lemaaseh, I didn't tell you to do it today. Yeah, but I gave you a time frame, and in the time frame is Shabbos, and I'm happy that you do it on Shabbos. It's called melaches Yisrael. He learns that the Rambam is shelichus, and meileh it's mutar. It's mutar. Mashenkein, the raivid is smach, lo yasa kamalacha. And since l'maaseh, the guy, the sechir who has l'zman merubah works on Shabbos for me, works on Shabbos for me, mimeila therefore it's going to be asur according to the Raivid. Asur kamalacha, he's doing my melacha on Shabbos. I ain't never come over to you and bother you, do today, yeah, but l'maaseh I gave you time, right? And I enjoy from it, I have from it, I'm happy you're doing it. L'maaseh I'm happy you're doing it. Oh, so this is what we're talking about. Now, listen here. You know, al mahalach Meran haKilos Yaakov b'bi'uroi, lama kablan is mutar l'fi haTzmach. What was the kasha that we asked on the Kilos Yaakov b'bi'uroi, lama kablan is mutar l'fi haTzmach? And the answer is... What are you talking about? ... Aval lama ze mutar? סוף סוף, סוף סוף. Because I didn't tell him, I didn't make him shaliach.

I'm saying, sof sof, the bottom line is, you hear? I had to ... off that ... a couple of ... what's he saying? What? Because ... So he's being ... himself. He's contradicting himself. Sof sof. Bottom line. ... Kaplanus is mutar. ... Kaplanus is mutar. ... Why not? ... I didn't do — I'm not building the house for you on Shabbos. ... Whose house am I building? ... It has to have ... This makes sense, no? That's the question. Who cares what the ... I don't ... I care. I don't care. I like, I'm happy, I'm not happy. What's the difference? ... So how? ... Why? ... It doesn't make sense. What? Ma hikshinu hamelach? Ma hikshinu hamelach? V'rah akilashakoi, b'biuroi, lamah kablanus mutar l'fi hasmag. And the question is, if— the question that we ask is very simple. It doesn't make a difference. See, if you learn shlichus, then I understand the difference. The difference is, here I sent you, here I didn't send you. But if you learn that it's what? Loy asi kamalacha, it is still meleches Yisroel. What do you gain? I sent you, I asked you, I didn't ask you Shabbos, I did ask you Shabbos. Az lama...? You know, someone would— You see, the reason why I don't ask it straight on the Mishnah Berurah, why I don't ask it straight on the Mishnah Berurah, because I only ask it after the Kehillos Yaakov explains to me the ra'ayah with this yesod. Meaning, once the Kehillos Yaakov says in the Ravat that even lizman merubah is asur, and the reason why is, I never asked you to do it today, because I have hana'ah from it that was done today, that techumin should be asur also. Then you stop not saying. The same way that daas d'nafshei works by kablanut, it should work also over here too. It should work by schirus l'zman. And since he says obviously it's not, and obviously it doesn't work by schirus l'zman merubah, that as long as I have hana'ah, I don't care when and why you did it today. Meaning, the way we explained yesterday, the work itself is mine. When to do it is your cheshbon. Why does that change? Huh? That's what I'm telling you. That's right, that's the question. But I'm explaining to you why I'm asking only here. Because you know what I could come and say? No matter what, if you decided to do it on your own, that's called not melachas Yisroel. But in the Ravad, he's learning, I never asked you to do it today. By schirus is man meruba, I told you do it on Shabbos? No. But the fact is, I told you to do it in this time frame, and I'm happy you did it on Shabbos. So then again, why happy doing it on Shabbos here is mutar and happy doing it on Shabbos here is asur? It's called a neheneh, right? It's not pshat the fact that I'm not moiche, right? The Taz learns in the Ra'avad, in order for it to become mutar is I had to go and say, Go do this on Shabbos.

Hey, it's not enough that I just don't happy. I don't show that I'm happy, huh? According to the Taz, what's the halacha in the raya? Shloach pira l'yamim. Right. You should go and tell him. Meaning, I have to tell him, shalom akpira l'yamim. Right. Meaning, I'm not makpid. That's right. Which means I have to come and tell him I'm happy that you're not working on Shabbos, right? It's not enough that stam I didn't ask you Shabbos, right? He could have had stama, meaning what? I asked you to do it in two weeks, but I never told you Shabbos. Or I have to tell you that I'm not makpid on the yamim. So the Taz says I have to tell you I'm not makpid on the yamim, right? So according to this, right, let's say I didn't say I'm not makpid on the yamim, and it doesn't make, but I never told you do it on Shabbos, right? So how is that different than kablanus? That's how I'll explain to you, especially according to the Taz. Especially according to the Taz that I have to speak out to you I'm not makpid on the yamim. But if it's stama, what would happen? It would be aser, meaning it becomes meleches Yisrael by the mere— even if you are saying it in yourself. Even if I never ever asked him Shabbos, but I never asked him not Shabbos, it's already called meleches Yisrael. So by kablanus, I never asked him not Shabbos. I never asked him Shabbos, no. I never said don't do it on Shabbos. It should be like, ... Yeah. What number are we doing? Doing number chet. Mai kashya? Hamehalech beranakilos Yaakov, shemehalchei bebeera, are you with me or you gone already? You had enough already for today? Zayin is very simple. Exactly. Sof sof, so what's the difference if it's a daas hanafshi when to do it? The when to do it is not helping me. Sof sof, a daas hanafshi should always mean it's not melachas Shabbos. It's not true. It's a melachah in Yisrael. The question is when to do it. How did it help me? Now the truth is, you have a simchas haid mishteh bura. That's all very good if you don't know the last piece of the ra'ayah. The last piece of the kilas Yaakov with the ra'avad contradicts the first piece. Because in the ra'avad, what's he learning? That since it's called melachas what? Since lemaaseh I didn't tell him not to do it on Shabbos, it becomes asur. I, I never asked him to do it on Shabbos. I, it's a daas hanafshi that he's doing it on Shabbos. When he does it, why is he doing it? Yeah. I mean, how does it work? I never asked him Shabbos, because if I asked him Shabbos, then it's not a daas hanafshi. Then everybody holds asur. I didn't ask him Shabbos. So why? He could have done it Tuesday, right? The fact he does it Shabbos, daas hanafshi, so why is asur? Why is there no daas hanafshi in the ra'avad? And here, I'm happy he did it. What's the difference? What's the difference? Ma'aseh is melachas Yisrael. I don't understand. You're not... you did my melacha; you did it for me. What if the guy did kablanus, you hear, and he did it on Shabbos instead of Tuesday? When I'm unhappy he did it on Shabbos, who said I'm unhappy? I'm happy there too. What's the difference? I'm happy that he did it. I'm happy that he did it, and once I'm happy he did it, there's no daas for the nafshis. It's mashma in the Ra'avad. Why is it by kablanus that he did it on Shabbos, there is no daas for the nafshis? Now, and the strengthening the question is according to the Taz, because the Taz learns that in the Ra'avad it's not enough that I told him, meaning I didn't say anything about Shabbos, you hear? It's not enough that I didn't say anything about Shabbos. The only time it becomes mutar, you hear, if I speak out clearly, Don't do it on Shabbos. Don't do it on Shabbos. Mashma that if I didn't say those words, I'tz daas nafshi. What's the difference? If I... mazeh lo makpid alei.

According to the Taz, I have to not be matpid al yamim. What does that mean? I have to show you that I'm not makpid. What do you mean? How else does it work? So how do you know what's going through the guy's mind? How do you know what's going through the guy's mind? So what does the Taz want? Does he give me a cup, the Taz? So what does the Taz say? The Taz is machmir. Good, I don't care if he doesn't give up. That's what I like. I like that. Good, good, good. Fight it out. There's no problem. The answer is very simple. If you learn that the schi over here, that the shlichus over here is a regular shlichus, rather what is it? It's mitam schi'ah, then we could come and say already, that the Rambam holds that the Rambam learns it's not shlichus, it's lo yasuf kamocha. And that's why he says— One second, one second. Lo yasuf kamocha, right? And that's why the Rambam made a chiluk between zman merubah and not zman merubah. Why? Because of a daas ha-nafshi. It's very simple. Whenever there's a svara of daas ha-nafshi, it's not called he's doing his melachah. In other words, what was I asking? Why could the Rambam be mechalek between that and kablanut? The chiddush is, the chiddush is, that doesn't bother me. What bothered me was the stira. It bothered me, the stira. It doesn't make sense, the word. I want here, here it's muta daita, here it's asa daita. Now, now. So, okay, I'll live with it. I explained this for yesterday. I can live with it. What, what, what, what? In the ma'aseh. If you learn the melachah, ... meaning, l'maaseh, it belongs to the Yisrael. But if it's a problem in the melachah, you could say the ma'aseh is his ma'aseh and the tzav is his. That's what we said yesterday, along the ... Here, you got it, you got it? You can learn that. I asked you, how can a daita in the nafshi work? L'maaseh, it's his house. If the issue is not the house, the issue is the act. So since I wanted to do it today, therefore it becomes a daita in the nafshi. Huh? I don't mean ma'aseh ... What I meant to say was, if we look at the house, the house is yours. But the problem is the action. The action, we'll say, is because, because I never told ... This action could have been done tomorrow. Now, ... private, what? What? And the Rav learns shlichus gorem. The Rav even learns shlichus, and the svara of shlichus is, schiyah. Whenever there's a schiyah, then what happens? ... will say, it's his. It's his melachah, schiyah, like the way we explain shlichus. Therefore, so. So therefore it makes a very big nafka mina if I'm happy that it was done on Shabbos or not. That's what the Ra'avad is trying to say. If I'm happy it's done on Shabbos, then you have problem of shlichus. If I'm not happy it's done on Shabbos, so then there's no problem of shlichus; it's shlichus. Yeah. Whether I'm happy there's a problem because shlichus. It doesn't mean shlichus I told you, but shlichus becomes s'chir. The answer is like this: the Rambam learns that hashlachah also comes along, and the meila, the svara of the Mishnah Berurah is right. There's a svara of ada'ta d'nafshei. But there's no contradiction anymore, because the Rambam learns s'chirus li'zman, there's a svara of ada'ta d'nafshei, and over here too there's a svara of ada'ta d'nafshei. It's beautiful. That's what the Rambam says, it's mutar. You can't split ada'ta d'nafshei. If it's mutar by kablanus, it's got to be mutar by s'chirus, s'chirus li'olam also. Why? What was the kashya of the Ra'avad? It doesn't make sense that here we say ada'ta d'nafshei. Okay, so I said that doesn't bother me so much, because you said, l'maaseh, I wanted you to do it. So I explained to you what's the svara in that. I'll tell you teretz for that. Who says I look at whose house it is? I look at the action. Since the guy...

He did it today on his own. The action is his. Zeh mashma tita? Yesh. But the only thing you can say this is, the Rambam, you can only say this. You know why? Because the Rambam is not mechalek between sechirus l'zman and kablanus; shneihem mutar. So we have a svara about that. What was my kashya on the Raavad? It doesn't make sense, because the Raavad's not learning this. The Raavad is learning shlichus gara. That's what I'm telling you. I don't believe the Steipler was right. I mean, b'mechilah, Torah, I think he's wrong. I don't think he's right. He was wrong. ... Grada, if you chazer, you'll see that we're ... right, but all right, it's not the point. Grada, shlichus ... said only if he's happy with it, and that's the Raavad's lashon ... And that's the Taz. So Taz is saying that kol she'ein ... makpid ... therefore it's going to be asur. Not because ... it's going to become ... because there's no shlichus over there. Huh? What do you mean? What do you mean? What do you mean? Because ... I'm happy it's done on Shabbos. There's no time frame. I don't know if I'm happy it's done on Shabbos; there's no time frame, because there's a time frame. The time frame tells me at least I'm happy it's done on Shabbos. At least the two weeks that went by and it was done, right? ... יש לי שתי שבועות. אני רוצה שתי שבועות. ... בשבת ... בשתי שבועות. ... whatever it is, there's no time. ... finished. This I understand, the list ... The Steipler brings down. Steipler brings down the din of bayis. Halacha is, even b'kablanus, shezeh mutar, if the nochri comes to the house of the Jew to do it, it's mutar. So pashut it's Maris Ayin. This is ... It's not. It's not. So Mishnah Berurah learns it's Maris Ayin. It's Maris Ayin. Steipler wants to learn the dinah. It becomes b'leches Yisroel. Ma hu ha-din b'kablanus, the beis shel Yisroel? So the Steipler wants to learn that ... ma hu ha-din b'kablanus, the answer is it's asur, even b'kablanus. ... ... Tiras ... ... Tiras ... ... Tiras ... ... because of shlichus. With shlichus, schirah. And he lo sameach baShabbos because I don't care about the time. K'sheyesh li shtei shvuos, ani sameach al hazman. Kol she'ani sameach al hazman, az it's asur, and that's what the Tosafos say. So pashut it's asur because of my eye. So pashut shailah it's asur, and the pashut shailah is because of Maris Ayin. It doesn't make a difference. That's the whole nekudah. I'm happy, yeah, I'm happy that it's done on Shabbos. Who says I'm happy? I can be very upset it's done on Shabbos. What are you working on my house on Shabbos for? By kablanus he's upset. By sechirus he's happy, it's two weeks. Unless he's moicheh. Unless let him say, you know what, ani machpid al haShabbos, don't do it on Shabbos. Okay, now, ma hu ha-din b'kablanus b'veis shel Yisroel? The answer is it's asur. So pashut it's a special halacha b'Maris Ayin. Pashut it's a simple halacha b'Maris Ayin. I'm saying, obviously he wants to learn that it's not ma'aris ayin, it's ikur d'dina, and then he says, I don't understand why it's aser. You're not—ma'ati b'kaplanes, so it's aser. Kulam, it's aser. The she'eilah is lama. Lama? Kaplan is regular b'Beis Yisroel, but you were the one who asked me, why b'Beis Yisroel is aser. It's a special din of ma'aris ayin. It's a special din of ma'aris ayin, right? Why is kaplanes? So ma'is, it's heter. So why is it aser? So people say it's ma'aris ayin. Yes, Mishnah Berurah said.

Chalu b'dina, uvimoser. Huh? I'm not sure. Because זה מותר. ... Every day with Shabbos, he's patur. But what is it called? It's called a schirus. Called a schiriyah. Comes the Steipler, and for some reason he doesn't want to learn it's maris ayin. He wants to learn it's medina asur. I don't know. He says medina asur. And he says, how does it fit into the two halachos of shelichus? The guy's like... He says like this: מה מקצת דין הנאמרה ...? He says like this: Bishlema if you learn that it's shelichus—I'm sorry, bishlema if you learn lo yasu kol melacha, well, you'd bet, מה מקצת דין הנאמרה ...? And pashut, so he's learning it's medina asur. And on this he says, what's the medina if you learn the svara of shelichus? On the side that it's shelichus, he said he doesn't understand why it's medina asur. If you learn lo yasu kol melacha, huh? ... Cannot. The halacha is asur. Doesn't make sense. If you learn like the Mishnah Berurah, there's nothing what to talk about. It's only a din marta'it. He does. He's— I don't know, from his kashya you see that's bothering him. If you learn shelichus, why is it asur? Yeah, because of maris ayin. He says he's not learning it's maris ayin. So he says an interesting chiddush. He wants to— so because if you learn lo yasu kol melacha, he says it's a special halacha that when it's b'veis shel Yisrael, it's called meleches Yisrael. That makes it into meleches Yisrael. Even though there's an adayin d'nafshi avid, this makes it into meleches Yisrael. V'asher ki shelichus. Okay, let me read it for you. Read me the Kilsiak. The Rambam ... hit. Ela k'shanochri oyseh b'veiso, lo k'she'oseh b'veis Yisroel. K'she'oseh b'veis Yisroel, asur afilu b'kablanus uv'katzatz secharo. Oh, he says, harei b'kablanus vadai ein kan inyan shlichus, then he wouldn't be asking his kashya. He doesn't have a kasha there. What does he want with shlichus? What does he want? He's trying to say either there's no shlichus here, because anyway nothing to do with that. If it's maris ayin, we don't care for shlichus or smach; it doesn't make a difference. If it's maris ayin, does that have anything to do with the smach and the goy's ma'aseh? Nothing. This is what he wants to say: אי שליחות. I mean, he obviously understood that the Rambam was learning that it's asur. U'mikol makom, b'Beis Yisroel asru chachamim, v'hu hadin u'kol shekein b'schirus mamaruba v'eino b'derech hayamim, al kol panim lo yad b'kablanus. Zanochri sheba l'chabes, מותר בבית ישראל, ועושה אפילו בלא שליחות בהדיא. For some reason he wants to tie it back into the din shlichus, even on the maris ayin, something like that. Yeah. He wants to say, for some reason he understood that this that we aser b'veiso has to fit into the smach and the hagois Maimoni, which is very mechudash. Pashut, you learn it has nothing to do with each other. This, the shlichus is when it's asur midina, and then there's a maris ayin which asers it after it. No. It has to fit into shlichus. How does it fit into shlichus? We know this. When not b'veis, shlichus is awesome. It is. Shlichus is awesome. Now the question is, what are you doing in b'veis so you solve by kablanus? So he wants to say it's awesome. Why? I, there's no shlichus. It's maris ayin. Obviously he's learning that for some reason it has to go in back into shlichus, and he wants to say it's a special halacha. He wants to say it's a special halacha. You know what the teretz is? It's not a kasha me'ikar, the whole business. You know why? What does he want? He said, for some reason he wants it like this. If you learn that it's meleches Yisrael, if you learn...

That it's asur melachas Yisroel. Then he says it doesn't bother me why, but beis shel Yisroel is asur. Beis shel Yisroel is asur, because the fact that it's done, beis shel Yisroel makes it called melachas Yisroel. Called melachas Yisroel, a guy can work in your house, you know what I mean? Huh? The fact that it's in the house, it becomes melachas Yisroel. So then what's the kasha? You know, you're missing the point. Just five more minutes and think. As lomatchil kasi, he shouldn't be writing this. He shouldn't be writing this. So have to explain, it does make sense. Yes, yes. Sure it does. Sure it does. Since it's for me, since it's for me, more than it's a raya. Since it's for me and it's done in my house, so that defines that whatever is in my house done for me is called melachas Yisroel. That's right, it is a new rule. I mean, I'm trying to tell you, pashut pshat, pashut pshat, this kilas Yaakov is sheloi kahalach. You know what he should have wrote? Shouldn't even be talking about beis shel Yisroel. It's a Maris Ayin, it has nothing to do with this. For some reason he wants to drag back that goy's ma'aseh and the smach into the din of a beis shel Yisroel. You know what's so funny? Because you yourself asked me this question. I don't know if you remember that. Do you remember you brought me the Mishnah Berurah and asked me why beis shel Yisroel? You remember this? You remember you asked me why beis shel Yisroel is asur? So I told you it's a new din Maris Ayin. Remember you asked me this? Remember you came and asked, Beis shel Yisroel, why is it asur? Let's see what people think. So I answered you, it's a special halacha of Maris Ayin, right? Huh? You remember I asked me this? You asked me this. Why b'kablanus that's mutar b'Beis Sheyeshrael is asur, and the teretz is, there's a special halacha, maris ayin. Okay. So according to this, the steiple would not have to drag in shlichus and smach into this halacha, because you know what the answer is? It's maris ayin, that's all it is. Huh? Come, come, come, five more minutes, five more minutes, yeah? This question, what's ...? ... What? ... He wants to say that it's a special halacha of shlichus, that even though it doesn't make sense, shlichus, af al pi kein it's asur. This is his lashon. Mikol makom, b'Beis Sheyeshrael asur chachamim. Whatever it is, even though in hilchos shlichus it doesn't work out, l'maaseh chachamim asru. So then you don't need a whole piece of Torah. You know what I think the emes is? There's a ... Because, A, the shlichus is not just a halacha to make it melachas Yisrael. So the chachamim said like this: in order to aser the maris ayin, in order to aser it, how are we going to aser it? We're not going to say stam that it's maris ayin. We're going to make it what? That it's shlichus Yisrael. We don't just say regular maris ayin over here. This sugya teaches me that it's not regular maris ayin, that even the maris ayin works with the fact that because we want to aser it, we said shlichus l'chumra. Again. It makes a lot of sense. The din of beisus shel Yisrael, the din of beisus shel Yisrael. What's the problem? I cannot understand this. Okay, so I'll tell you until you understand it. What's the problem? Okay, when you chas, you'll see its logic. But the Rambam himself says it doesn't make sense. It's special halacha. No, so I'm explaining, so let me explain to you. So let me explain to you what it is. Let me explain to you. The Kli Yakar starts like this: beisus shel Yisrael. He says, A, there's no shlichus. So you know what he should have said to himself? Before the Rav, he should look in the mekoros before the Rav. How could you ask such a silly question? It has nothing to do with shlichus, because it's maris ayin. It's a different reason. And the Kli Yakar wasn't crazy, right? So then what does he want? Come on, two more minutes. So what does he want? He wants to say that, you're right, but it still has to be as al shlichus.

How can it be? How can it be? ... You gotta understand what the pshat in shlichus l'chumra is. Shlichus l'chumra is that they wanted to make it into melachas Yisrael to asser it. They said shlichus l'chumra to say, you know what? Now it's not the guy's anymore. It becomes your doing. So the ma'aseh is not stam a regular issur maris ayin, just because of maris ayin אסור לעשות את זה. They gave it, they said, let's see how we can asser this for maris ayin. For maris ayin reasons, let's see how we can asser this. Hey, we can say shlichus l'chumra. There you go, we got it. That's how we're gonna... No, because it's maris ayin. That's right. So let's give it a shlichus. That's exactly what I said. The way that... because there's a maris ayin, we're gonna make it and say, you know what? Shlichus l'... now it's a maris ayin. I know it makes sense. Beautiful. So what do I have from this next Tuesday shiur? Next Tuesday shiur I'm gonna prove to you that this is not regular hilchos maris ayin over here, because the klal of maris ayin don't apply over here. It's not a special... that's why, because... It's not a regular maris ayin. What they did was like this. They said like this: there is maris ayin over here, so we're gonna say shlichus l'... l'chumra to asser it, because you don't have to send them anymore. His whole kashas, baby, you never sent him. You don't have to send him. He doesn't ask it on the side of the... He only asks it on the side of shlichus. On the צד of smag he understands it. How does he understand it? Because it happens to be מלאכת ישראל. He doesn't ask it on the smag; he asks it on the shlichus, on the goy's ma'aseh. Why is it? Because on the צד of the goy's ma'aseh, on the shlichus, on the smag l'maaseh, we know that it's a מלאכת ישראל. The shlichus I never said; Jewish guy could be aser. Yeah, it's... Listen, listen. Now listen carefully. Listen carefully. No, you don't have... Let me tell you one more time. Let me tell you one more time, and then we'll say bye-bye. You ready? So I guess you want the chatz? Give me one more. Bye. Maksheh Kil'Yaakov, the shlichus. You know what he should have said right after that question? He said, Tipshut ha'she'eilah zu, Rama. There's no shlichus. That's what Mar says. That's what he should have said, right? Does he say that? No. Why? Because he wants to say that even after maris ayin, even after maris ayin, right, there's still the halacha that it's aser because shlichus lach. Meaning, maris ayin makes it still. Because there's a maris ayin, it becomes, we'll say, shlichus lach. So what's bothering him? What's bothering him is, but there's no shlichus here. Now this, what is the answer? Whatever it is, they somehow made a deal out of this shlichus. Yeah, simcha, yeah? So I'm telling you, the way we learned, this stira is not really a kasha. You know why? Because on the side of the svara, was the stira bothered, ay, how can it be? Still, because it's lo yasa kavalah. But the way we learn shlichus, what is it really? Lo yasa kavalah. That's why it makes sense. The maris ayin tells me, do you know what? Let's see how we can answer it. Ooh, I got an idea. We'll say shlichus lach u'lechumra. It will become ma'aseh Yisrael, and therefore it becomes aser. So the maris ayin is not the issur. Not—she's anyways, this shlichus was anyways clear. The way we explained it, it's anyways ma'aseh Yisrael. So therefore you don't have to say, what's this kasha? I never said to— I never asked him to do it. You never have to ask to do it anyway, because it's here anyway. Because in lo yasa kavalah, he obviously didn't have a problem, right? Why not? Because the ma'aseh—the guy does it in my house for me, it's for me. The problem is only I never sent him. Shlichus doesn't mean you have to send him. But the chiddush that we see from this kilas Yaakov is that even after maris ayin, you still have to go back to what? The shlichus. It still needs sleichus and smach. It's not also stopped because of...

It's also because of maris ayin. Bona giflish because of bona gitsmak. Tuesday shiur next week is to prove that these Shulchan Aruch, that all these maris ayins, these maris ayins is not a regular maris ayin. Schirut, merchatz, arisut. Comes along the Rama and he says like this. Rama, hagah. We keep on going through this. The word kiboylet is kablanus, and there's two types of kablanus, huh? No, what I mean to say is, we keep on getting confused with the same... kiboylet is kablanus. It's bikabel. It's the same lashon. We kabel. We kabel to do the job. It's kablan. Okay, now. Hagah. V'af al pi shelo lakach ha'eino Yehudi rak l'shlish o l'revia, vyesh lYisrael hanaah b'mah she'eino Yehudi oved bShabbat, sharid ein Yehudi daato dnafshei oved. Okay? So he explains the halacha, right? The Rama, the first Rama, right? So he explains the halacha of the Ran, Bet Yosef, that what? It says, arisut, af al pi sheyadam shluchi Yisrael, it's mutar, right? V'af al pi shelakach ein Yehudi rak lshlish lrevia, meaning to get, right, shlishad shlish lrevia, and it comes out... If he only takes a shlichus, it'd be an issur hana'ah. Still, it's eini hu dadaytei d'nafshei. So, l'choira, it's meduyak from this Rama that the reason l'esor always is that the Jew has hana'ah. That's what you see, because he's saying, because af al pi d'yes hana'ah, so what do you see from here? That what's the issur? The issur is because the Jew has hana'ah. He ka, right? Meaning, that's the reason to aser, u'v'chol zot potrin, because ada'atei d'nafshei aved. So how do we understand that because the Jew has hana'ah, that's the reason l'esor? So pashut it's mashma, melaches Yisrael, right? Not shlichus. Dargois might mean he learns always that it has to do with shlichus. Then when we spoke, there's two reasons why: either it's because of shlichus or because of melaches Yisrael. From this Rama, it's mashma melaches Yisrael, right? Because, like the— not the Ra'avad, the— dargois might mean shlichus. Not the Ra'avad. I mean, we learned it in the Ra'avad, saying that it's mashma, right? That's what Rama is saying. Af al pi d'yes hana'ah, so you see that hana'ah is the reason, and the problem is that we're not going to aser it even though he has hana'ah because ada'atei d'nafshei aved. You know what the problem with this is? What's the problem? How does ada'atei d'nafshei help it? Bishlama, you learn shlichus, so you come and say, I didn't send you; ada'atei d'nafshei. But if you learn that hana'ah, so it's mine, so who cares why he's doing it? L'maaseh, it's mine. It's melaches Yisrael. This is the question you have to ask. And I want you to know something, that you know who really, really asks this question? It's a Mishnah Berurah later. If you read properly the Mishnah Berurah. So again, question number one. Diyaktu b'lashon haRama. Ma diyaktu b'lashon haRama? B'ma shekasav, yesh Yisrael hana'ah. You see the word hana'ah. B'ma she'ein Yehudi oved b'Shabbat, shehana'ah hu sibas ha'issur, right? Obviously, because that's what he's trying to say. Hana'ah, hana'ah al pi kein it's mutar because I died to the nefesh. How does hana'ah help? The answer is because when I have hana'ah, it's mine. It's mine. It's for me, right? It's meleches Yisrael. U'mai kashinu, I'll say, d'im kein, ma mahani ha'daas d'nafshei? So what? Who cares? Even if you do it for yourself, but it's mine, meleches Yisrael. Who cares if it's a daas or not a daas d'nafshei? What? I'm saying on all sugyas. Listen. The answer is like this: ma diyaktu b'lashon haRama, the answer is, you see that hana'ah is the reason that it should be asur, which is like the smag, that it's meleches Yisrael. And then you have to say, if that is true, then how does the Rama continue, daas d'nafshei? So what? It didn't help me anything.

So bishlama, you learn it's shlichus. You can come and say, I did the nafshi; there's no shlichus. If he did it on his own, it's not shlichus. But if you learn that it's biklal ma'aseh havanah, see, that's what he says, it's havanah, right? So you have a problem that what does it help me, a daas d'nafshi? L'maaseh, it's my melachah. Yeah. There's a she'eilah, there's a she'eilah v'kushya, diuk v'kushya ala diuk, yeah, which makes it worse, right? Because it's not mashma the Rogatchover, right? The Rogatchover says shlichus. What? If there's havanah, then it should be asur. Who cares who I did it for? How does it help you anything? So the truth is, shlichus makes sense because I didn't send you. Daas d'nafshi means I didn't send you. You're doing it on your own. Good, we spoke. You're mixing now the Rambam we learned. The Rambam writes that it's already... Arisaita you do on Shabbos? No, but it doesn't help you if the havanah is mo'il. What's the difference? It's melachah. What's the difference? I have a havanah from what's the difference? You're not undoing the havanah, okay. So I believe that the Mishnah Berurah himself is bothered by this kashya. If you look in siman reish mem-hei, se'if katan yud alef: Eich meva'er haMishnah Berurah es din hana'al sheb'rama. Se'if katan yud alef: Es din hana'al sheb'rama. Let's see how he... Reish Mem. So let's Yud Aleph. Come, everybody turn to Reish Mem Hey Yud Aleph. You all have Mishnah Berurah in front of you, let's do it. It says Mishnah Berurah like this. It says like this, in the Rama. The Rama brings the halacha like this: V'yesh omrim shekol zeh lo meiri ela b'shutfin, shekol echad osek b'yomo, aval k'shshneihem oskim b'yachad, kol yemei hachol, uv'Shabbat osek ha'eni Yehudi levado, mutar lachlok imo kol hasachar, d'ha'eni Yehudi ada'ato l'nafsho ka'avid, v'ein haYisrael neheneh b'melachto b'Shabbat. Yeah, again, he's talking a case where there's a business. Says the Rama, in a case there's a business, so it depends where I'm going to aser it. Where am I going to aser it? If the pshat is they all work together b'shutafus, and kol echad osek b'yomo, every person has his day, then I'm going to have a problem. Aval k'shshneihem oskim b'yachad, kol yemei hachol, uv'Shabbat—he's mixing it up, read it with me, no? Uv'Shabbat osek ha'eni Yehudi levado. This is סוף דברי הרמ״א, right? Mutar lachlok imo kol hasachar, d'ha'eni Yehudi ada'ato l'nafsho ka'avid, v'ein haYisrael neheneh. And here he says, ein haYisrael neheneh. Meaning, notice what he's saying. Again, he's saying that the Jew is not having hana'ah because ada'ato l'nafsho. Says the Mishnah Berurah, but it's not true. He is having hana'ah. What are you talking about? What is he saying? But that's not true. That's not true. He's doing it. It's a very simple halacha. Mi'ba'al, since l'maaseh he's ada'ato l'nafsho, says the Rama... Hey, now Yisroel, not having hana'ah, a kaks the Mishnah Berurah. What are you talking about? He is having hana'ah. What are you talking about? How about, enjoy, he's doing work for the business on Shabbos. Huh? You have the business open on Shabbos. The business is open on Shabbos. We're making business on Shabbos. Listen to what he says. Yeah. Ada'ita d'nafshei ka'avid, bishvil chelkoi, d'hava lei ka'aris d'muta medina, u'kenal b'reishim Reish Mem Gimmel. Why? D'keivan shehu lo keiva b'peiros, avid ada'ita d'nafshei, v'chelek haYisrael nishbach mimeila, u'adin kan. Over here, in this case, el mishum d'asa b'tana mishum maris ayin, right? Sheyomru s'kiro hu. V'ka leka maris ayin, d'kol yodim sheyesh lo chelek boi, so there's no problem of maris ayin. Business.

Shutaf. Shutaf, not any shutaf, any regular shutaf, huh? Sif katan yud. Sif katan yud aleph. See, therefore, says the Mishnah Berurah, he doesn't understand the words, adaita d'nafshei, ve'ein Yisrael neheneh. It's not true. It's false, says the Mishnah Berurah, because the Yisrael is having hana'ah. The business is getting bigger. What do you mean? Why did they close on Shabbos? Yeah, but why did they close on Shabbos? Why did they close on Shabbos? Because I am enjoying the fact that you have... Yeah, but why don't I care? Listen, why did I come and say, You know what, let's close on Shabbos? Yeah, but why don't I tell him, Close on Shabbos. What do I care? What do I have from it? Yeah, yeah. I have tremendous hana'ah that he don't close on Shabbos. Why not? Because if I close on Shabbos, then I look like a dealer that's only there four days a week. I have hana'ah. I obviously want him to be open on Shabbos, right? So that's what the Mishnah Berurah says. That's mamash what the Mishnah Berurah says. And then the Mishnah Berurah says, So then why do we call it that he's not in the hana'ah? He says because it's an emeilah. Tell me something. You know what I want here? You want to see what I'm doing with this? You don't know yet what I'm doing? I'll show you a Rambam. A Rambam that says that Yisrael, af al pi she'neheneh, even though he has hana'ah, adaita d'nafshei. So I ask you a kasha. I don't understand. If he has hana'ah, that's asur, right? So how does adaita d'nafshei help? With this Mishnah Berurah. It's beautiful. You know what the Mishnah Berurah is telling me here? Okay, but before you, you got the case at least, the case of shutfus, yeah? A case of shutfus. I want the guy—I'm happy that the guy is working for me on Shabbos. It's still a daas d'nafshei, and this, the Rambam calls what? Einan neheneh. Says the Mishnah Berurah, what does that mean? Right, so, lomar, d'hanato rak hanaah d'me'eila, aval ein haYehudi oseh melachah bishvilo l'hanoso, d'hava k'shlucho b'zeh. So he answers both kashas in one shot. Hargois maivining. Beautiful. No, he's answering both. No, no, you're missing the point. You're missing the point. So listen again, listen here. The Rambam says—listen, repeat the Rambam—Shlish, revia, who cares? Hagam sheyesh li mizeh. I'm getting shlish or revia, but the rest is mine, so I'm getting from it, which means it should be asur, a daas d'nafshei. So first we made diyuk number one. Diyuk number one is, it seems that the issur is because of hanaah. No. And if the issur is because of hanaah, then it's mashma like the Smag. Then we had a question: if it's like the Smag, then we have a problem what? Then we have a problem what? How does daas d'nafshei help? How does a daas d'nafshei help? Okay. So the truth is, I'm showing you that the Rama says the same language of agaite d'nafshei, and what he does is, he says because of that, it's not hana'ah. And it's the same case, arisus; it's mamash the same case, right? And the Mishnah Berurah himself compares it to arisus. So why does he say it's not called that you have hana'ah? And the answer is, says the Mishnah Berurah, it's hana'ah d'me'eila. Of course you're getting hana'ah, but it's not called direct hana'ah; it's called hana'ah d'me'eila. So that answers already both questions, not one. Really, when it says even though he has hana'ah, he doesn't hold like the Sma, he can hold like the Gra's ma'ivini also. If there was hana'ah, then he would be called shlucho. And since it's not called hana'ah, it's only hana'ah d'me'eila, so A, it takes care of the problem, A, he's neheneh, because it's only d'me'eila, and that's already why, according to the Gra's ma'ivini, if you learn shlichus, that's also why there's no shlichus. And that's what the Mishnah Berurah himself אומר. There it says because it's only neheneh d'me'eila. D'me'eila what? D'me'eila. So you would say therefore you don't have the Sma's problem, right? The Mishnah Berurah himself says therefore you don't have the Gra's ma'ivini's problem, because the only reason—

That a person has shlichus is because there's hana'ah, and if there's hana'ah d'meileh, it's not called a shliach. You got it? Yeah. Who? That means meleches Yisroel. And if that's true, then I don't know how daas d'nafshi helps me. What does it help me? Mais, it's meleches Yisroel. Then I realize that he says the same lashon over here, same lashon. By the shutaf, what does he say? There's the same yesod: daas d'nafshi v'ein Yisroel mehena. It takes away the hana'ah. How does it take away the hana'ah? The teretz is it's only hana'ah d'meileh. And once it's only hana'ah d'meileh, so there's no shlichus. So you see clearly not the sma and not our kasha, okay? It means our question is not difficult, and you also have to learn the Rama with the sma. But that's the whole point, so therefore it's not called siyum. Very nice, no? I know how to learn, huh? Okay, let's go weiter. Ma dim. Okay, so you have it, simply, whatever you want me to write with me, we'll write it together. Ma diyaknu milashon haHanah, b'mah shekasav v'yesh Yisrael haneheneh. And the answer is, like I write in the brackets, shehahana'ah hi usibas hayisur, which is—first question. It's mashma like the sma, that since I have hana'ah, so it's my melachah. Mai kashyana zeh? And the answer is, what do we ask in the siman? Nu, nu, come with me, nu, nu. How does that daas d'nafshi help me? Ech meva'er haMishnah Berurah, the teretz is learn it yourself. Clearly it's open. He says, not pshat there's no hana'ah; there's hana'ah. It's called hanoten meimeila, and since hanoten meimeila is no shlichus. So l'hala, he learned the Rama, what? Like that goyish machlokes. Now, ma din merchatz, k'shesocher ein Yehudi la'avod bo kol ha'shanah? Ayin Mishnah Berurah, se'if katan yud. Okay? Yud. Yeah. V'da, d'merchatz k'hai gavna, d'hainu, shesocher ein Yehudi la'avod bo kol ha'shanah, v'shitol haYehudi kol ha'revach shel haShabbatot, medina asur. He says that in a case of a merchatz, this would be medina asur. Why? Because the Yehudi takes all the revach, takes all the revach. Which way? ... takes all the revach, right? For the work. Yeah. Okay, now. ... Yisrael, u'medina asur k'mo yad. What's your question? Kablan is mutar, no? Merchatz asur. Mutar. Mutar. That's the halacha, no? Because that's the whole thing, because merchatz is maris ayin, and also the schar kol yom. Right, also the schar kol yom. That's what he's saying over here. That's what he's saying, because here. B'ma shelo yist, im lo yaasa yoym, yaaseh b'yom achar. Mechuser chayim d'melachah eino k'suvah, v'chol yoym revach l'atzmoi. Because it's not k'suvah, it's not a set thing. Every day, the more you work, the better off it is. So it becomes like a sechir yom. I said that there's a set amount; it's a field. You can do whatever you want also. You can do it tomorrow. So you can do it one month besides Shabbos. You can do it every day besides Shabbos. So then it's mutar, d'ati d'nafshei ka mach. The reason why by mechuser is, he says clearly, because d'melachah eino k'suvah. It's eino k'suvah. It's not a set price, right? Not a set amount. So every day that he does it is mosif. Medina asur k'mo sechir yom. What is medina asur? Because every day... every day you're getting sechir yom. Sechir yom is actually to work on the day. I never asked you to work on this day. How could you compare it to sechir yom? The Mishnah Berurah says it's asur like a sechir yom. Mishnah Berurah is bechanas a chiddush of Mishnah...

It becomes like a schir yom, me'achas. Because, suppose it's not a me'uchar. Let's start from scratch. Good, okay. So A, so A is not a me'uchar. And second of all, what happened to the case that you're paying b'havla? How are you paying this case? You're not paying him for Shabbos. Paying him b'havla. This case, this case of me'archatz, how are you paying? The schir yom, you pay him for every day. You're not paying this guy for every day. You're not paying him for Shabbos. This case, this case, it's b'havla. How are you paying? B'havla. You're paying him for a month's work. Special salary, five hundred dollars a month. But you're gonna pay him anyway. It doesn't matter if he works or not. It doesn't matter. ... Not maris ayin, medina asur. Mishnah says medina asur. Not maris ayin, medina asur. Because it looks like schir yom. You know something? It's completely wrong. It's not true. He just made it up. It's like a schir yom. It's not schir yom. Schir yom, first of all, I asked him to do it on Shabbos. Second of all, I'm paying him. I'm paying him for Shabbos. He is b'havla. Nothing to do with schir yom. Schir yom, when the goy knows that they have to work every day, that he's working, even if he's told him he's working, because he knows that he's working from your money. I pay him for today. So what do you want? So what do you want? I don't— I'm not paying you for the day. I'm not paying you b'chalal for the day, right? I didn't ask you to do it. Translate the words schir yom. Schir yom is I asked you to do it on Shabbos. I'm not paying you for Shabbos b'chalal. I'm not even paying you for Shabbos. You're paying for the job, and on top of everything, there's an adaita d'nafshi also. There's an adaita d'nafshi over here. Yeah, he gains from it. So you have a daita d'nafshi. You have over here, there's no amira; he never asked to do it. And on top of everything, it's bav lo. Huh? There's no shaychus to s'chir yom. You know what this is more like? The Ramo's case, that af al pi sheyesh shelo hana'ah, adaita d'nafshi. The Jew has hana'ah because he loses out every day that he doesn't do it, but l'maaseh it's adaita d'nafshi. It can be ridiculous to say there's no shaychus to s'chir yom. Why? That's the question, why? So read me now the Ramo, how this is not a direct contradiction to Ramo. Hoil v'neheneh. It says that af al pi sheneheneh, af al pi sheneheneh, adaita d'nafshi. Here he has hana'ah; there's no adaita d'nafshi. Make me one. That's what I'm answering you. So what did I just answer you? That's where the Mishnah Berurah got it from. The Mishnah Berurah is saying the hana'ah d'me'eila, hana'ah d'me'eila. When hana'ah is b'ikar, then we don't say anymore that it's no adaita d'nafshi. We don't say anymore. That's where it comes. He says that... because hana'ah is legamrei. But in which case? That's the pshat. That's what we're learning a Mishnah for. The case over here is, since the ikar hana'ah is... If I know we are not doing a meila, then we said daas to the nefesh. But if the ikar hanaah is, then we're not said daas to the nefesh anymore. That's a shat in this Mishnah Berurah. The Mishnah Berurah doesn't make sense. Ridiculous. What's he talking about? How do you compare sechirus yom b'chol? Sechirus yom is, I asked you to do it on Shabbos. I'm paying you for Shabbos. No? That's not the— that's the key word here. And people read the Mishnah Berurah, don't know what they're talking about. The poshut don't know what they're talking about. They read it and they sound like retarded. You should know, if you read the Mishnah Berurah straight and repeat it this way, you're retarded. You're retarded. That's what it is. Retarded. What? It's like sechirus yom. How is it do sechirus yom? What are you talking about? Sechirus yom is, I asked you to do it on Shabbos. I pay you for Shabbos. And then what happens? But he has hanaah. He keeps on screaming, he has hanaah. So what's different than what it says here? ... adaas to the nefesh, I thought. Right? So what's different here and here? And the answer is, the Mishnah Berurah writes, v'mai. Of course you have hanaah. You always have.

Question is ikra no.