Pas Palter: The Gezeirah, Minhag HaMakom, and the Mechaber–Rema Debate
Original title: Rabbi Walkin קיב_ב פת עכו״ם.m4a
What are you saying? My typing, unbelievable, huh? Rabbi, I was shopping nachos in the Torah on Shabbos. I added, I opened it. What are you talking about, on the internet, you mean? No,...
- Speaker or source
- Archive
- Category
- Halacha
- Subcategory
- Yoreh Deah
- Sub-subcategory
- Kashrus
- Duration
- 0:38:42
- Recording year
- 2018
Transcript
What are you saying? My typing, unbelievable, huh? Rabbi, I was shopping nachos in the Torah on Shabbos. I added, I opened it. What are you talking about, on the internet, you mean? No, the one I gave out, you mean. Yeah, yeah. Beautiful stuff. I opened like a page of... It's very nice. My Torah was very good. I even quoted it. It's a very good shit. I have another good one for you. I have some beautiful shiur for you guys. Classic, classic stuff. Okay, you ready? Now, okay, take it away. Ein Gemara Avodah Zarah... Michael wants to come... Okay, Ein Gemara Avodah Zarah... Okay, so tell me what happened. Let's take out the Gemara and let's read it well, okay? They saw him that they thought he ate. You have a copy of the Gemara? You have it? You want to bring the Gemara from the table, please? It's under my... I see you bringing papers. Maybe you have it on the papers. Let me see what you have. No, no, no, no. Let's do a chaduf the Gemara properly. Kitzur, it was a whole shaila what Rebbe said and what he meant and who said. So what is it? What did Rebbe say? Yeah, let me hear. Yeah, read the Gemara. Yeah. Go ahead, someone read the Gemara. Let's go. Amar Rav Kahana, Amar Rav Yochanan... That's all from the top. Or just get the kacha yemaisa. Start from the kacha yemaisa. It's a shaila what the story was. So what was the story? Kacha yemaisa. Oh, he saw that the talmidim didn't have what to eat. What is pat dochak? Dochak was there was no bread. No bread. It was scarce. Scarce. No bread. There was bread. It's just not readily available. It was hard. There was no bread. There wasn't. It's on medium. Sounds very scary. Why does it sound terrible here like this? All day long hearing fire engines like that. Spirit Summers. Listen, Queens is the עיר הבירה of the גלות. You have 111 different types of people living in Queens. Listen to me carefully. Queens is beautiful. Queens is beautiful. Always look positive the way you live. Good people. Look at the wonderful people. What's wrong? Normal, wonderful. Wonderful. Rabbanim get up and always rank out everything and everybody. What's wrong? Good people. What do you want? Best nation in the world. Who cares so much? Most people are such animals. What are you talking about? No? Beautiful people, normal, healthy, caring. I don't see anything very nice. ... is beautiful, but nope. I'm a rebbe. Ain kan palter? What is it? Is there no bakeries around here? There's no bakery? So we don't know what he means. Goyishe bakery or Jewish bakery, yeah? Oh, there's no goyishe bakeries? He called it a goyishe bakery. That's what the people thought. They thought. Thought, that's the key word, because some are going to learn what the havamina is, that it's almost like a maskana, right? ... There's no GNI. Is GNI still open? It's gone already. There's no bakery on this. It's gone already. GNI used to be here. GNI. Next to the gift world, there used to be a bakery called GNI. What was his name again? It's gone. Let me wear my hat. Sorry. Schnitz. Okay, yeah, go ahead. It is being recorded. It is being recorded. A hundred thousand views on YouTube by noon. Okay, go ahead. Yeah, the kids who says the Gemara, ksuvim they בעל פה, we really meant this. Okay, good. So, read me Rebbe and read me Rav Chelbo, what went on over there, yeah? Yeah? So what did Rav Chelbo say, yeah? אמר רב חלבו: אפילו למאן דאמר פטור עובד כוכבים, לא אמרן אלא דליכא פועלי ישראל, אבל במקום דליכא פועלי ישראל לא. Okay, במקום דליכא פועלי ישראל. אפילו למאן דאמר פטור עובד כוכבים, הני מילי בשדה, אבל בעיר לא, משום חתנות. Okay. One allows you any time whenever there's no... one allows you only בשדה. בשדה, right? Meaning happenstance. Right, one permits when there's no פועלי ישראל out of the city. One admits that it's when there's no פועלי ישראל. Now it's interesting because it was only a hava amina. I mean, they're learning it all up in the hava amina of Rebbe, right? Because the maskana of Rebbe was that you need a פועלי ישראל, right? Whatever it is, it's only where there's no פועלי ישראל, פטור גוי. The second thing is בשדה בלבד. Okay. So, עיין Ran, the biur machlokes Rebbe and Rav Chelbo, okay? So what was the machlokes, yeah? The way the Ran says, the Rambam? The way the Ran, it goes on the Gemara. He says the...
No, ... I think the way he learns in the Rambam, and then also. Yeah, good, good. Yeah, good. The what? The what? Let me hear, no. The Rambam. Yeah, the what? He brings the Ran, but then he says, basically according to the Ran, you need the field and when there's paskin like, you need the field and no pas as well. Oh, which means he uses both. Yeah, he uses both. And then he says, That's the famous question. That we'll get to later, okay? So what do we have? We're using both shitas. We're using both shitas, that it has to be A, basadeh, and B, it has to be d'leka pas Yisrael. All right? And yet, he learns the Rambam, right? Right. Good. Now, the Gemara, right, ... pas lehutra b'beis, that there was a tzad that it could have been mutar b'beis. So what's the nafka mina? So there's a Meiri de'Ran that asks a kasha from hutra b'beis. Wait, wait, you need a bigger beis than the first beis. So what does the Ran— the Ran gives three types of din d'Rabbanans, right? Okay, so explain the three din d'Rabbanans. No, what's the three din d'Rabbanan, yeah? Right. Once they are ... or something, you need a gadol b'chochmah. Gadol b'chochmah, yeah. And then they could still matir even though they're not gadol b'chochmah, if it's lo hitpashet. Lo hitpashet, yeah. And then he says there's certain eighteen things they voted you can never get rid of, no matter what. Right. I think that's the three things. He says, Yeah, what are they? Oh, it's Shadinim. Which difference? It's a different masoret, right? Yeah. If it was pashut, so you need a gadol b'chochmah u'minyan. Oh, right. This is what we've shaninu: ein beis din yachol levatel divrei beis din chaveiro ela im ken gadol mimenu b'chochmah u'minyan. Right. Okay. If it's lo pashut issuro b'rov Yisrael, good. Aval mikomakom, higzeirah sherov tzibur yachol la'amod bah. This is what we've shaninu: ein beis din yachol levatel divrei beis din chaveiro ela im ken gadol mimenu b'chochmah u'minyan. Right. Lo pashut issuro b'rov Yisrael, mipnei shehi gezeirah she'ein rov tzibur yachol la'amod bah, afilu katan mevatel. Okay. So the question is, which one is pasak? Which one is pasak? It's got to be there was a hava amina of hutra b'beis din; it must be the third one, right? Okay. Now let's see Tosafos. Otherwise, how could you be meikil? That's what he wants. Okay, now let's read Tosafos. Says Tosafos, michlal, yeah, that what? The ... lo hutru b'ezdin, michlal d'im ba'ish havei sharei lei, ama lo pashut issura. U'mikan סמכו ... לאכול ... של ... איסור b'chol Yisrael. Okay. And it brings three reasons. V'yesh lismoch al divrei Rashbag, v'Ra ... ein gozerin gezeirah latzibur ela im rov tzibur yecholin la'amod. So that's. V'oid ra'ayah ... bimeinu hitir ... lehiniach ... mishum d'havei karov lebeis din ... sharya, v'achar amaru beis din achar shehitruhu. Seemingly the Gemara wanted to have a heter to be matir, but they would be called to ... Yep. Then there's the yeshiva that says it was totally uprooted. Okay, now here's my question. Did you find one word about places and places? It's either yemini or not. I don't know. Till here, that's all I saw. The whole Yisrael, the whole idea is pashut issur, the whole Yisrael. Right. So that means if it went only ninety percent ... When Tosafos says, v'achshav nohaginan, who's he referring to? He's talking about his shul, his kehillah, friends, Jews? I don't know. Is that what he's referring to? How do you know? That's where he was. I'm saying, is that true? Maybe he's just saying.
In general, listen. Huh? In general, actually, what Tosafos says, nagina, he means him, it means his shul, it means his people. I don't... Where does he say nagina? It says, actually, not nagina. Nagina is the band players, right? It says some... Yeah, no. Now, that's the minhag in this time. Again, I'm asking you, so in other words, did anyone come and say that in Borough Park, yeah, in Queens, no? Did you see that till here? No, that's all I'm trying to read. That's it. No, it's very important. Very, very important. Now, the first person—I don't think he's a person because he's the Rosh, yeah. Soon? Yeah. Soon, soon. I don't know. After first finish here, one o'clock. Yeah? So the first question I have is—or the first I saw speak about the Rosh. I saw the Rosh comes along, the Rosh, yeah. Oh, so, you know, let's—truth is, I want to do the Rosh before the Taz. Okay, Rosh, Orach Chaim, siman... mutar. Right? Or if you want to read it from the Taz, read it from the Taz. Go ahead, do the Taz maybe if you want. Oh, since mashma that the lo nispashet is from the times of the Tannaim. Yeah. Meaning it's not after the she'eilah is nispashet, lo nispashet. Rabbi, you could make a difference between Borough Park and Queens, because what if they're more from in Borough Park than in Queens? It's not my question. My question is, at the end of the day, was there different minhagim from different communities? I'm saying, right, from the words it's not clear that way. Not clear that way. But it could be, because if over there in Borough Park they're more from, so now it's rov tzibur omdim bah. I understand all that. I'm with you. So it's not—that way it could become the minhag. My question is, all this discussion... Before the, or after? Before the what? Before the takanah was said, or it's even after. Even after the takanah, we can start playing around. Like, the ... then the minhag is too much, and then ... That's the question. And I haven't found it. I have—unless in the Rosh. Could you read me the Rosh? Yeah, perek siman chav-zayin. He brings the Rosh. You have the Rosh that you don't have it. I have the— Okay, but I have from here. Okay, go ahead. Yeah, perek beis, siman chav-zayin, go ahead, yeah. U'makom shenahagu bahem heter. What, you couldn't find it here? I think it's the lashon in the ... I probably didn't. Yeah, yeah. He's talking about after or before the takanah? So you read the Rosh. Read me the Rosh and the Shalosh, read it, yeah. ... mashma sheyadua haya lahem sheyesh mekomos shenohagin bo heter. Even after the takanah. Okay, so then read it for me. I know it from here. Go ahead, yeah. ... Okay, perfect. Okay, that's what I want. Mekaymes, mekaymes. That's what I want. The Mordechai says it more clear. The Mordechai says clearly, mekaymes, mekaymes. ... lo hodju b'beis din, u'mekomos shenahagu bo heter lo pashta issuru, v'al zeh samchu hagedolim shelo asru אותן ... shenohagin bo heter. That's what I want. That's clear. The rabbis used to teach that, no, it's not asur. Here, we don't hold. Okay, good, good, good, good, good. Okay. Now let's see the Shach. Comes along the Shach, sif katan vav, lo dami lishlakos, right? Says the Shach, why is it not dami lishlakos? Dal hapas, yichya adam, right? Because pas is something that they mamish need; it's a staple. Shach, sif katan ches, the shayich shehaminhag damekilin gam al pas. Oh, so let me tell you what my real shaylah is. According to the Shach, do you need pas? Meaning, meaning, if let's say it's not yichya adam, okay.
Burikas? You need burikas? With this, because the Shach says the whole heter is based on al hapas yichyeh adam. So what if it's not pas? Pretzels. Pretzels, a big shaila about pretzels. So you will be on pretzels. Where's—you need, you need—let's say you have bread, yeah? Who told you you need this? You need every pas akum? Who said? You need entenmann's? Everybody needs entenmann's? Huh? Everybody can't get any other... Okay, that's my shaila, right? Does anyone talk about this shaila? I mean, I know how they talk about it, but my shaila is, according to the Shach it should be totally—or the pshat is, once they were matir pas, they matir all pas. There's no issur of pas. Lo plug... That's what I want. Next shaila, okay? Shach. He says the reason for the heter is because al hapas yichyeh, right? Right. Yeah, so you need entenmann's cake. And even pas—I don't know—you need all types of... I'm asking why. Maybe we should only eat sliced bread and not the fancy breads. That's what I'm asking. That's l'choira the sevara, right? That's—you have to say al yichyeh adam. So meila they said no bread, and once they said no bread, enjoy yourself. Enjoy. Enjoy as much as you want. Okay, next. Yeah, good, you'll soon see what I want with this. You'll soon see how you—I'm trying to see if you learned up the sugya. Let's go ahead. Comes along the Shach, yeah, סעיף קטן ח', the shayach shehaminig להקל גם על pas... yes, right? ... heter cholek. Okay, what's the need, right? It's not going to one shita, yeah. Same thing, same thing. How far was the blanket statement, right? If the pshat is there's no pas akum, so it goes all the way. It's specific what you need to eat, so buy... buy... you like it. He's talking to understand how I saw the sugya, you'll soon see how it's going to get every step of the way. Go ahead. It's the same idea? Yeah, you'll soon see. Iin shasi... contest, yeah. Oh, what's the needin? Vaiter, because they weren't asurim, that's it. There's no issur. You know what I want to tayn in the pshat is? I hold it's emes in my bones. I'm telling you, I hold it's emes in my bones. Is all these heterim in pas akum, but pshat there is no issur pas akum. There's no such thing. They're not coming in with bi, aser, תשובה and all these things. Why do I have to— it doesn't exist. What do you mean? Other yad, other nish. I mean, if it's kosher, it's kosher. What's the problem? If the pshat is it's a heter in all these things, okay, so then you have to play heter, right? It's mutar here, it's mutar there. Pshat is there was no takanah. I'm saying whatever, we could play the mechaber game too, also a little bit. The Mechaber says, b'makom she'ein matzui... Pshat, what does it mean? We could play that. Okay, let's go next, next, next, next. Oh, שרק בשדה תירו, right? Only in the sadeh, yeah. Of course, we know that. Why? Because if you look at the Aruch HaShulchan, which is classic—you saw the Aruch HaShulchan inside? It's beautiful. You should see it. You wanna go get it? Go get it. Aruch HaShulchan, classic, good stuff. He asks a kasha: why are you ignoring sadeh? What happened? The Shulchan Aruch forgot what it says in the sefer? I don't understand. Of course, like the Rambam, not like the Rambam. The Beis Yosef brings the sadeh, brings the Rambam. Yes, what happened? The question is, what happened? Did he have a change of heart? See, most roshei yeshiva say one day one thing, and the next day they say the exact opposite. That's how it works. It's good Torah. One day I say left, and tomorrow I say right, and then the third day I say right and left, and then the next day I say why am I saying right, and then they mamash have a whole year shiurim like that. It's ridiculous. But the Beis Yosef is saying a simple thing. I saw this. I said, I don't understand, what happened to Sadi? I was wondering, kash, what happened? I was like, yeah, go ahead. But he brings the Rambam that way, and here he's quoting the Ramban. Yeah, good, but he learns the Rambam. Go ahead, read it. ... You're not good to say. Go ahead, yeah. You tell me why. Okay, go ahead, yeah. You're a tzaddik. You're a good guy. I'm gonna have to learn a lot about... I have to learn what you're all about. You're an interesting man. You know him from before? Very interesting person.
He's a very interesting person. A good guy. We're gonna have a lot of fun, you know this. Okay. Something... yeah, go ahead. What is that all about? What is he supposed to do, yeah? Ah, who says? I'm not a baker. He just, he asked me this. Do the Litvish people have shlissel challah? They put the key in the thing, the key. My grandmother didn't know how to bake. There's no— in Litvish they didn't bake challah. I mean, they buy from the baker. They buy from the baker, that was it. Everybody knows how to bake. Who says everybody? Today everybody knows how to bake, otherwise you can't get married. Who says you know how to bake? Go ahead, yeah. So what's the vort? The vort is, according to the Rambam, it's only when it's basados. You know what the pshat is? They made a takanah davka basadeh, all right? So the basadeh, you who doesn't have pas doesn't have that heter. You understand? It's not you, it's the place. I taina that there's two sugyas in pas. Pas: is it you or is it the place? Do we go after where you are or what your situation is? Where you are or what your situation is. Derech haShulchan is learning the sugya; it's about you. He doesn't want to learn that it's basadeh mutar and ba'ir asur, because you could be b'sadeh, you could be b'ir, and could be just like basadeh. There's no patur strong, because it's al halechem yichyeh adam — you need the bread. What if it's about the place? Huh? What if it's about the place? So then it has nothing to do with you, my situation. It doesn't have to do with me. So I have to go to the ... together. I have to go to the ... I have to be matriach myself. I'm not yotzei because I can't get kasher? It's a ... gevalt. You don't understand the ... I'm telling you. I know the ... and I know the ... No. Repeat it over till they get it. Repeat it till they get it. Come on, go with me. Let's go. Let's do it, okay? Listen to me. My question is very simple. Okay, so let me ask you a question. As a rav, you know what paskening like this. Rabbi, I could get pas Yisroel in this neighborhood, all right? I could get pas Yisroel. I gotta travel to go get it. It's a tircha for me. L'maaseh, l'maaseh, this community is not makpid on pas Yisroel. Am I mechuyav to be makpid? If I live in a place where nobody's makpid on it— He's saying a ... gevalt, yeah, in the Mechaber. He's saying that the Mechaber would hold that if you're in the city and you ... don't have, so you have the halacha basadeh. Why? Because it's not about the city; it's about you. The city is ... It's always about you. It's never about this place or this place. Yeah, but he's saying—yeah. ... Again, yesh mi she'omer. See, he's learning that. He's saying— I don't know. He's saying not. The ... is saying not. The ... Yeah. You know what my real shaylah is? Most people in Queens are not makpid on pas Yisroel. They don't know. Now they know. Then we could discuss that. Most people are not makpid on pas Yisroel. They're not makpid on pas Yisroel. Nobody's not. It's not Shabbos. Nobody's makpid on pas Yisroel. It's not a Queens thing. So could I come and say, minhag hamakom? Most people. Most people live in this neighborhood are not makpid on pas Yisroel. They're not. I think in the last year a lot of people became more conscious. Again, the reality is I lived here for many years and no one ever thought about pas Yisroel. Yeah, right. Whatever it is, so I'm asking, should we play that game? That's the question. Do I have to sit here and think, yeah, minhag hamakom, that's my question. You notice the...
The lashon of the mechaber is not minhag hamakom. You never heard the word minhag hamakom. It's yesh nohagin v'yesh ein nohagin. The minhag hamakom never played. You look at the Gra in seif katan daled, it's clearly minhag hamakom. That's what I want. That's it. That's what I want. This is a very important yesod. Okay, the yesod of this shiur was this: the lashon of the mechaber versus the lashon of the Gra. That's what. To summarize, Rebbe's saying that there's a machlokes, is the mechaber and the Rama... I don't know what it is, but there's something going on here that the word makom is not in Shulchan Aruch. The Grain talks about makom. That's what. It's very important. You gave us a big bore about makom last week. No, no, no, no. I have to—I'm too intense now into this. Okay, you ready? Listen, listen, listen, listen. Go. You're not with—go, go, go. You hear what I want? Yeah. Okay. Can we look at the darkei Moshe on this halacha? Read me the darkei Moshe on this halacha. You have it or something? So the word makom... that's the svara. The word makom finally came up. It finally came up, the word makom. I'm sorry, there was no word makom. There was no— No, because it's a mefurash. Do I have to start worrying where I live? It has to do with where I live. Go ahead, yeah. ... דוקא בגויים, דאית להו בנים ובנות, אבל פסקו... ... ... אין מלכינוסה, ואין משמיטין אותה אלא מוכיחין אותו, ואין אומרים בבית המדרש, דבר שמוע מפיו. Can ... oid sham. ... בזמן הזה, אם יסכימו חכמי ישראל הגדולים, הומתירים בפסח מותר, אף על פי שאין בית דין יכול לבטל דברי בית דין חבירו, עד שגדול מהם בחכמה ובמנין. What does he want? Go ahead, yeah, yeah. ... גזירה ספס, היות ולא נתפשט איסור ... בישראל, והוא גזירה שאין רוב הציבור יכול לעמוד בה, לכן יכול בית דין להקל. After. No, after. He's talking about lo nispashet, everything is all about the beis din could say all this today. Could a chacham come today and say it? Yeah, because it wasn't nispashet. So what do you see? The nidon is after. What's the nekudah? The nekudah is, was there a minhag here for everyone, and they were mafkia that minhag for every—depending on the situation? Or the pshat is that there is no minhag except there's a minhag lehachmir. Does it start out that it's aser, u'bemakom, for whatever reason that they're noheg to be meikel on it, they're meikel? Or it's the other way around? The minhag is the other way around. Yesh nohagim lehakel. Why not? Because the ta'amim don't apply. The ta'amim don't apply. They took it on as a minhag to do it. Meaning that after—okay, you know how to learn? Did you chap now that I know how to learn? No, but I'm not—you don't understand what I'm doing. Nobody reads the Rishonim and says, wait a minute, they're saying something. My question is, is all this about makom nispashet and yechid adam, is that before the takanah? Well, the pshat is, fakert, maybe the takanah wasn't like, like Tosafos says, there's no minhag, fakert, and we don't pasken like that. Now the question is, should we be machmir? What's the negeiah? What's the negeiah? If the minhag hamakom is not to be machmir, what are you being machmir for? It's mutar. What are you being machmir for? Making milk, making milk and meat. For what? Because maybe if I have goyim and you're gonna sit down and eat a pizza with a goy, who told you to do that? Who asked you to do that? So maybe he wants to say that it's a possibility that even though directly it's mutar, we're gonna start to be machmir again because the... You're starting already. The opposite, because the time that do apply. They never really made it totally mutar. Okay, let me show you the nafka minas, and then we'll do it one more time inside. Go ahead. What are the nafka minas halacha? Haholech b'makom shenispasher haminhag... Ayin heitev. Minhag hamakom? What's the minhag hamakom over here? I don't know. I don't know. Tell me something, did any of you cheating sefarim talk about minhag hamakom? I don't understand. No, but I mean, make it up. You think—I'm telling you, I sometimes listen, I don't understand. I mean, I almost wish there was a Yalkut Yosef on this thing.
I can't explain to you. I'm sure you ... I didn't find Yebiamis is vast, but I'm saying it's a pashta shayla. I remember growing up, there was one rav, a very chashuv rav, used to travel to Borough Park to get pas Yisroel. I used to look at him and say, but nobody does it here. Who says you're mechuyav to do it? Nobody does it. Huh? Again, you know what? Let's start being machmir myself, that I'm going to start having peyes in the front of my head. Start being machmir. Only peyes in the front of my head. Torah says to have peyes, so over here, chas v'shalom that maybe, you know, I'll start having peyes over here. There's no minhag like that. What are you talking about? Who makes up a minhag? There's no minhag. Who told you to do it? Okay, next shaila. You already have it. Wait, I bought it and it was mutar for me? Yeah. I bought it, there was no bread around. I was b'derech. And then I come into the city, so what's now? ... He talks about this shaila. He took the thing out of my sales. What does he say? This is mutar, no? Does he have a mareh makom? It'd be good to see the mareh makom. The blue book brought it down, right? Here, I think it's his Misfas Safso says: ... Where does he get it from? From where? Good. I like it. I like it. Good. Next shaila: im mutar... You're right. Maybe that's the other reason. That's the shaila. Why? Because if the pshat is there's no takanah, right? So who cares? So eat whatever you want. That's the pshat. In this place there's no minhag; it's finished, mutar. But if the pshat is it's a heter in the minhag, so then you would have to say, you know what, I don't need hataras nedarim. You need— they used to tell us, You need hataras nedarim. No, I don't need it, but I want it anyway. I want it. Either give me a heter or I'm gonna go. Why is it assur? You know what, you need to wear this hat. No, but I want to wear it. What's wrong? If it's not assur, why do I have to? That's the shaila. The shaila is if all this is a heter in the minhag, all this the taiches, there's no minhag. What's it, negeiah? What's it, negeiah? L'mashal, let's say they talk about the chvesva Shabbos, you should be makpid, you should this, right? ... Aseres Yemei Teshuvah. So I'm trying to find— again, it's only in memory— is anyone cholek on that Magen Avraham? There's a Magen Avraham, I think Mishnah Berurah brings. Anyone cholek on that? Nobody says differently, that on Shabbos there's no problem? It's a chumrah, obviously. It's not saying mikar hadin. I'm saying even in the chumrah, what would be the chumrah? No one says you're chashash? Huh? No one says you're chashash? You didn't find that? Okay. You want to repeat this one more time with clarity, or we're good? I'm not getting clear. Is this in all the Rama, or is this all in general? The truth is, I think it's in the mechaber. Why not? The Mechaber comes and says, Yesh nohagim... What does he mean by yesh nohagim? Who is he referring to? Yesh nohagim, who's yesh nohagim? That's my question. I want to know, what does he mean, yesh nohagim? What he means in the Rishonim yesh nohagim? I don't know what the translation means. It means in the Ashkenaz, as brought down by the Tosafos. That's what he means. So that's how he starts his halacha, that the people in Ashkenaz eat it? That's what he wants? Yesh nohagim, just say yesh matirim. They say it's mutar. I don't know what yesh nohagim. It doesn't... So ask the Chachamim, ... משום חס... Yeah, beis, no? Yesh mekomos shemekilin. There are places that they're meikel. Mekomos meaning, like places. So not saying—so it's not a minhag. They're meikel. The Mechaber's lashon is mashma they're meikel in these places on this thing, in here. So it's a kula against the minhag. When he says yesh mekomos shemekilin...
He's trying to say that our place is not minig and not minig. They're meikel. There's a din is still in place. That's what I'm trying to tell you, that the din is in place. But they're meikel on anyway. And the Rama's saying not. Not. The Rama's saying there was never such a thing as a din. Completely not there. Okay, you got it? That's what I hold the machlokes. The Mechaber learns it's a kula in the thing. B'meila, maybe you would have to play each story separately, so it's much more hachmir. Tell me, does the Rama bring this halacha of aseres mei teshuva pas? I know Ashkenazim. I have this funny thing that the Mechaber, because to him it was an issur, he held that there was a minhag. And the rest is a kula, so you're not meikel on aseres mei teshuva. If you hold something is mutar, what's the point? What are you playing games here? Rebbe wants to learn that the whole Aseres Yemei Teshuva shtick is in the Mechaber, not in the Rama. That's what I hold. Let me tell you, I don't hold. But Rama brings it in Aseres Yemei Teshuva. Listen to me carefully. Listen to me carefully. What am I really trying to do? Trying to learn the sugya. Trying to learn up the sugya, that I think that that Mechaber goes with the shitah that it's a kula. It's not that there's no minhag, and the Rama held there's no minhag. It just doesn't exist. Just to summarize it, that Rav, that Rebbe was saying, according to Rebbe, he was doing absolutely nothing. I'm not telling you what he said. According to the Rama, he did nothing. Why did he waste his time? He wrote it down. We made him happy. Made him happy. But this we could say the pshat is as follows. The Yerushalmi says klor. It's a mefurash Yerushalmi that they were matir pas akum legamri; there's no pas akum. Mimeila, the Yerushalmi, which is the makor of where it says that aseres yemei teshuvah you should be machmir, he doesn't say pas akum. He says stam you should be machmir machalos asuros. This that the Mechaber brings down pas akum, because in the Mechaber here it's a yesh mekilim. He holds the whole pas akum is a kula to him. The whole pas akum that we're matir pas palter is only a kula. So mimeila, he learns it up in that sugya of the Yerushalmi's chumra, aseres yemei teshuvah. But ein hachanami, according to the Ramo, maybe the Ramo is there's no minhag at all. It was a stam to be machmir on pas akum. That's why the Yerushalmi, who taka holds that pas palter is mutar, he doesn't bring it as this is the chumra; just stam you should be machmir on something during aseres yemei teshuvah. The Yerushalmi holds there's no such thing; it doesn't exist. See, that's the nidon. The nidon is, does pas palter exist, the issur? Now, they were meikel; it's a kula. So then you have to start figuring out, b'makom, you're meikel, you're on the road, you bought it, now you come back. Okay, so it's a she'eilah, I don't know. But if there's no minhag, it's not asur, so mimeila it's mutar. ... it's asur. Who said it's asur? And that's pshat in the Shach. Maybe we can even be matir pas palter b'ha'iyes. Why? Because it could be the taiches they were matir the whole thing. Could be they were matir the whole thing. Or the pshat is, no, they only matir what you need, the palter they were matir. Who said they were matir baal habayis? It's also part of the nidon. Maybe they were matir the whole thing.