Hilchos Vestos: Prishah Samuch LaVeses, Onah Acheres, and the Or Zarua’s Chumra

Transcript

See base is the sugya, prisha samuch leves. That you have to be poresh before vest. Vest is the time. Isha alulah, alulah lirot. There is vest kavua, there's vest she'eino kavua, but the word vest means alulah lirot. The probabilities are that she will see. Probabilities. You have kavua, you have she'eino kavua. There's a machlokes if vest is d'Oraisa, if vest is d'Rabbanan. We spoke about it in the last shiur. We said from the lashon of the Mechaber, mashma tzarich, tzarich lifrosh. We're soon going to read the lashon of the Rambam: chayav, asur. Asur lo l'adam lavo al ishto samuch levestah. It's a much stronger, a much stronger lashon. We know that the Mechaber basically paskens vestos d'Rabbanan. Maybe that's why he used the lashon tzarich. Where does this vestus and the prisha samuch levestes come from? So we told you, we learned this already, but now it's kedai to learn of the Gemara inside. Lama? Because depending on the reading of the Gemara, there's a big machlokes. Do we pasken like the chumra of the Or Zarua, the chumra of the Or Zarua? Sha'as vestah, I explained to you, is the moment she's supposed to see. Oinas havest, lechura, means that day. Lechora, we're soon going to see in Aviyasaf, shitas Aviyasaf. We're soon going to see a shitas Aviyasaf, which it doesn't mean that day. It means that twelve hours, which is also shayach to what it means. We're going to learn from the Nekudas HaKesef and the Taz, and we don't even know what that means either. Lo barur, מה הכוונה בויאסף? What does he mean? But pashtus, shaas vest means the shaah. Oinas havest means the day. And then there's something called oina achriti, a second, another. And oina achriti could mean, pashtus, the twelve hours that precedes the oinas havest, which precedes the shaas vest. Again, there is shaas vest — that's the moment she's supposed to see. Then there is oinas havest, pashtus, the day. Aviyasaf, the twelve hours that she's supposed to see. Regular poskim, including the Arzei Ruach, oinas havest means the day. It's תליא ביום ולילה. Do you hear the difference? If I ask you a question on the test, what is vest? And the answer is the moment, the moment she's supposed to see. And we discussed this with the Ra'ah. There's something called a moment. Oina savest is the day, or according to the Rav Yosef, oina, a time period of twelve hours. Oina, yoin. Arzerua v'chol haachronim. Rav Yosef, time period of twelve, twelve hours, time period. Then there's something called oina achariti, which means the twelve hours, which precedes the twelve hours—well, I'm sorry, the day that precedes the day of the shaas havest. So this is the vernacular. This you have to know. If you don't know this, you don't know nothing. You don't know what you're talking about, all right? So there's shaas vest. What's wrong? Oina achariti is the day other than the day. It's just words for you? Okay. You know what the word achariti means? Other. Doesn't say which. You're right, it doesn't, and that's where the complication is. But that's what it's called in the Gemara. What should I do? You want me to erase the Gemara? What do you want me to do? It's called oina achariti. That's what it's called, all right? So if you don't know this, you will sound like a guy who never learned anything and he'll just... Shaas vest.

Oina saves and oina achriti. So we don't know this really, because the Gemara calls it, maybe you need an oina achriti. No, you don't need an oina achriti. Rashi explains oina achriti, the day before. That's what oina achriti is, the day before the day. That's called oina achriti. Says the Gemara, maybe you need oina achriti. Kamashmalan, we pasken like Rabbi Yehuda, and you don't need oina achriti. Did you understand this? Based on what he explained, yes. So what did he explain differently, huh? Bekitzur u'zarur. Okay, you decided that's bekitzur u'zarur. Okay, okay. So let's read the Gemara inside, like this you'll at least know what it's talking about. Here. Tanya, daf samech, gimmel amud beis. V'tanya, vizartem, bnei Yisrael mi'tumasam. Mikan amar Rabbi Yirmiyah, asur livnei Yisrael sheyifru mi'shoseihem סמוך לוסת. So that's the mekor. V'kama? How much? Amar Rava, oina. Oina. Mai lav oina achriti? Maybe it's oina achriti? Lo! Ma osa... Can I ask you a question? I don't really want to go into it in great detail, but it really strikes you the moment you read the Gemara. Why would I think it's oina achriti? If I tell you, Im ani omer lecha oina, tzarich lishol oti oina achriti? אני אומר לך ימין, אתה שואל אותי גם שמאל? אמרתי לך ימין. Okay, so this is a good question, but I don't want to answer it. Not today. Maybe not now, maybe some other day, because it's not really nogea. But this is the ha'arah, but it's irrelevant at the moment. Says Rashi, what's called oina achriti? Says Rashi, the investor b'yoy, asura kol hayoy, v'chol halaylah shel fanav. V'chol halaylah shel... Okay. Bo nish'al she'eilah. I ask you a simple question here. So we pasken, lo, oina, that one, right? So should there be any discussion about the night before? Not according to the Gemara. Im lo medaberta Gemara, mi shemedaber al laylah shel fanav, siman shelo lamadta Gemara, sheha'Gemara katuv mefurash. No, the Gemara is not like that. Like I said, you really should be asking, אתה צריך לשאול למה היה הווה אמינא בכלל. Why was there בכלל a question to be oina achriti? If I tell you yamin, don't be choker smol. It's a good question, no? Does your cheating books ask this question? They don't. They don't ask this question. They should. Okay, but either way, irrelevant at the moment. Another question: כשמדברים על oina achriti, what does the word oina achriti mean? You know what the word oina achriti? Other. What do you mean, other? Are you trying to say that oina means 24 hours? Then it's not achriti. Then it's oina shleima instead of oina katzer maybe. The word achriti is plus, noch od echad. Od echad. Achriti. Next. The previous, achora. Achriti. Very good. I don't know. These are good questions. I do know. Actually, I do know. But as far as right now, we don't know. What does the word achariti mean? Achora, going back. Achriti, other. Bottom line, is it one long or is it two? One plus one. One and the one before. Maybe that's called an oina. Maybe that's the havamina. The havamina was oina is a 24-hour period. Who tells you oina is a 12-hour period? Maybe oina means one, and I'm very careful with what I'm saying, oina means one day. What is the answer right now? Oisa oina. No, it means, don't think it means the bigger one, it means that one. I don't want to go into. Mit'amim hakamusim iti.

Whatever my reasons are, you really should learn this Gemara. Now let's see the Rambam. The Rambam paskens that it's only that day, okay? Halacha l'maaseh. Surei bi'ah, perek daled, halacha yud-beis. ואסור לאדם לבוא על אשתו סמוך לוסתה, שמא תראה דם. כמה? הא, ידעה כלה ביומא. Did he use the word אונה? Did the Rambam use the word אונה? סמוך. So that's all I wanted. Pay attention to that. You notice the Shulchan Aruch calls it what? יונה תם, יונה תם, למה אתה ישן? אני רוצה לישון. בוא נחליף, אתה תלמד ואני אישן. תאמין לי, אני מאוד רוצה לישון, מאוד, מאוד, מאוד. הלוואי שהייתי יכול לישון, הלוואי. אבל אש, אש. מינו אש דת למו. הייתה פעם מישהו שישן, יש אש. They wake you up. Fire. Wake up, תקוץ. אש, אש דת למו. So listen carefully on this. תשמע. הרמבם, you notice this? Don't you think it's an interesting thing? It's not an interesting... The Rambam says, אסור לאדם לבוא על אשתו סמוך... I thought it's אונה. Doesn't the Mechaber use the word אונה? אונה, אונה? Okay. למעשה, it's clear in the Rambam that it's definitely what? That day. It's not the day before. There's no arzei rua in this Rambam, right? That's clear. When you use the word oina, you can start saying maybe oina means aina achriti. But if you don't use the word oina, סמוך, סמוך means that day, maybe even less. סמוך could even mean less, right? סמוך. Let's say it means that day. I don't want to confuse you with facts. It's very possible that it's not what the Rambam is saying, but for argument's sake, the Beis Yosef says clearly, the kach paskan Rambam, the kach paskan zeh, the kach... Okay, good. So the Rambam is from the group of Rishonim that say it's what? Yeah? Nu? That oina, that day. Who wants to read the Meran again? Read it again. Could you read it for me? Okay, so why did he say the word oina achas? Because the Gemara says it. But it's interesting that he's really going b'shitas haRambam, who doesn't use that word. So this is a fair diyuk. Is this fair? It's fair. You know why it's not really a diyuk? It's learning the Gemara. It's learning what it says, right? Oh. Comes along the Beis Yosef in his Arichus and says, it has to be only oina, that day. La'afuke. This comes to teach me that we do not follow the Or Zarua. Does anybody want to read that for me, b'chavod, in the Beis Yosef? Could you read that? ... Read the point. Get to the point. You're a posek, yeah? You're going to answer questions. He said, ... Iftacha ... Rav Yehuda ... v'kasav kol haposkim ... Who's kol haposkim? The Rambam. He's the Rambam included, right? ... Stop, stop. That's all I want. That all you should know, that whatever we said, there's no Or Zarua. Okay. The Tur also paskens what? No. Ein achas, and that's how the Shulchan Aruch, kuf pei daled. So this was your introduction, okay? I just gave you an introduction to siman kuf pei daled. Says the Beis Yosef, you know why I don't want to follow the Arzerua? How could you follow the Arzerua? Ein mekor l'zeh. I mean, where did he get it from? Who made— I don't say— the Gemara says not like that, so you decide yes like that? In the conservative movement, they learn Gemara like that. The Gemara says one thing and they say the opposite. But the Arzerua, yes they do. That's a very big mistake. You're on the wrong assumptions. They do learn Gemara. They do learn Gemara, but the problem is they learn Gemara the way they like to learn Gemara. They don't learn Gemara the way the Gemara was taught to them. See, there's a difference between learning the Gemara the way it's taught, or learning the Gemara the way you learn the Gemara. Tzlach L'Pardes says the Beis Yosef, very simple. Hey, there's no mekor, stam. Okay. Taz, who wants to read the Taz? He adds a little piece. Taz, se'if katan beis, adds a little piece.

A little piece. Glad you don't have to read it. Huh? Sif katan beis. Sif katan beis. As a matter of fact, it has to be very small, sif katan. Go ahead, at the end, the last line. Last point, the last point. Why do we pasken like the Arizal? Bifrat... kach, bifrat we pasken. No, that's before. Right before the oid in your beautiful, fancy, in your beautiful, fancy Shulchan Aruch. So, v'tamua l'hachmir al ma shemefurash b'talmud l'kula. Bifrat. He adds three very, very nice words. Bifrat vestra rabba, which means, let me explain to you what he means. You see, I knew you just jumped over that. Okay, could everybody just be on the same page with me? Right before the word oid, he brings the conclusion that it's tamua l'hachmir like the Or Zarua. You shouldn't be machmir like the Or Zarua. Key word: bifrat, bifrat, vestra rabba. Now let me explain to you what he means. It means like this. What happens if somebody's going to come and say, the Mechaber is talking meikar hadin, and the Or Zarua is trying to be machmir. This, he says, it doesn't make sense even to be machmir either. Vestra rabba. Period. Nothing, I'm just reading over it. Just the difference between I read it. Let me show you the difference between the way you read it and the way I read it. He says there's no mekor min haShas, so that's the way the Beis Yosef talks. And he's right, there's no mekor for the Arzerua. Why does he have to, in bifrat, bifrat, bifrat the vestes d'rabbanan? And the answer is because he knows that someone's going to come along and say, The Gemara says, Gemara אומרת שזה רק a to'ina v'lo ainah shelafanav, aval l'chumra, l'chumra. You look at the poskim, they talk like this, all of them, from the Taz down and the Rokeach. Chumra, the Arzerua is the chumras Arzerua. That's why the Taz goes out of his way and says three extra words, and that is, It's a vestes d'rabbanan. It doesn't even make sense to be machmir. It doesn't even make sense to be machmir. It doesn't even make sense to be machmir. Wait a second. Now I'll ask you a question. When you have a safek, then you can come and say, Safek d'rabbanan l'kula. When something is just only a d'rabbanan, so you come and say that there's no reason to be machmir. Who said? There's no reason to be machmir. What's so bad if you're machmir on a d'rabbanan? If you come and say it's a safek, okay, then I... But to come and say that it's only d'rabbanan, so what? D'rabbanan, in Yiddish we say a loshon... Katel kanya. You know what katel kanya means? What is it? Cheap, cheap fries. You know, in English we call cheap fries. Well, Rabbanan is Rabbanan takana. Well, it's also something. Why? Maybe you should be machmir. Ma asis shlech? Ma ra? Ma ra im yachmiru b'derabbanan? Unless he means, unless he means, unless he means maybe that there's no mekor min haShas. There's no mekor. And on top of that, you want to go and be machmir. So bishlama where there's a de'oraisa, so there's a makom to be machmir on something shelo kasu mefurash b'Chazal. That's maybe what he means. So if it's big yesod, so you need to know this. You see from over here that when something is not written to invent a chumra, invent—the key word is to invent a chumra—you’re not going to invent a chumra on a derabbanan. That's what he means. That's what—in other words, it's going back on the ein mekor min haShas.

There's no makom for. What are you stop making? You just made up something. Because the Gemara—oh, now you asked me a good question. But you see, I don't want to lose the oilam. I rather, rather, sir, sir, I rather see something very interesting. I asked you this, and you notice I don't want to go there. Eventually you'll know enough to understand what I want, and that is, if there was no such thing in the first place, why would the Gemara even come up with it? Oin achriti? No, it's not oin achriti. Maybe I should keep Sunday all— I shouldn't only keep Shabbos, I should keep Sunday too, and Teretz is no, it's only Shabbos. Well, what's the havamina? Why would the Gemara talk about an oin achriti if there's no makor for what? The answer is there is something. So the Arizal is saying, gishmak, hakert, yesh lo mekor b'Chazal. That's where the Arizal is coming from. But the Arizal is saying is, if there was no such thing, it wouldn't be a havamina. Who made up—why invent something which is completely foreign? אתה שמעת? ... בסוכות, אולי לאכול מצה, התירוץ הוא: לא! כתוב שבעת ימים תאכל מצות. You want to know something? The Shas would be very big if they did that. You would have a very big Shas. אולי יהיה איסור להתחתן עם כל העולם, ... רק עם הערביים, שהרי כתוב: מכל שאר בשרו. You would have, like the Muslims, books and books. That's how they write. Right? אז למה אתה באת עם הוה אמינא, אוינא אחריתי? כאן נראה סימן שיש משהו, שיש משהו בזה. Tell me, do you think I made up this chidush? Did you see it somewhere? Of course, I didn't make it up. The difference is I know how to learn. I'm showing you, when you read it, you should be reading this. This is the Nekudas HaKesef. It's from the Shach. I didn't make it up. I did not make this up. It sounds like my— I made it sound like I'm being mechadesh to you chidushim. And you know why this Nekudas HaKesef is so clear now, the Shach is so clear now? Because you went back to the Gemara in the Lishna. That's the difference, okay? So, so far, I didn't say anything, but I said a lot. So far, just repeating the information, but I said a lot, okay? Now, let's go to the Bach. The Bach is the author of Yesar Zerua. He's pro Or Zarua, pro. The Bach says it's a very big thing, the Or Zarua. He likes it. Who wants to read the Bach? Go ahead. Yeah. And the answer is, the mere fact that Chazal mentioned it— You know such havaminas that we should eat matzah on Sukkos? You know of such a havamina? Okay, there's no havamina to eat matzah on Sukkos. There's a havamina to what's called— And the answer is, if there wouldn't be such a concept, we wouldn't ask such a question. There's a din lishma in sukkah according to— whatever, Bishammai, right? We don't pasken like that, right? Goy can make your sukkah for you. The answer to your question is, that's two shittos. When there's two shittos, that's one thing. But when the Gemara is mistapek in the lashon, when I tell you oina, understand what I'm saying, that the word oina, and all of a sudden you start coming about oina achriti, I tell you A, and you're mistapek A means C, there's got to be something to it. Okay, so I can't help you. Let's go further. It is, it is. You'll be mekabel it because it's true. There's nothing that I'm saying that's not true. Okay, now— No, I know, I know, but I don't... you know, there's time. I'm only holding by line number two, and then they're going to say that and read the stuff inside. So let's go. Who wants to read the Bach? Nu? Go ahead. But read it like you're saying a shiur. Don't read it like you're sleepy. Oh, you're supposed to be noheg like this, says the Bach. He likes it. Yeah, why? Oh, the ein safek shekach hayta... What is he doing? He's trying to answer what the mekor is. So he doesn't say like what I just told you, that there is a mekor. He's just saying there's a kabbalah. That's the way it is. What?

So let's, but let's see. The first thing with the Kabbal, the first thing with the Kabbal is addressing Kabbal. Continue. No! Oh, ein taam v'ein shoresh. So first of all there is a shoresh, Kabbal. That's the first thing. And the answer is, we don't mean Kabbal is zoher, but we mean Kabbalah ish mi'pi ish. Go ahead, yeah. The Agur says it's chumra yeteira. Oh, it's the right thing. Bimei charfi, when I was a young man, I heard this, what? Yarei dvar Hashem, nahag bechumra zu. Yeah. So bottom line is there's a mesorah. That's all. Mesorah. So the Bach holds of it, and the Taz and the Ramban's Yosef pushes it away. Okay. Now let's take a look at the Shach, siman kuf pei daled, se'if katan zayin, that brings from the Shaarei Dura that we should be noheg this chumras or zeruah. Who wants to read it? Which one? Se'if katan zayin. No, the oilam didn't get it, right? The oilam didn't do that, right? Okay, so do it. Can you read it? Efraim, let's go. Shach. Shach, se'if katan zayin, Shaarei Dura. Okay. Go ahead, Efraim, nu. Next one, next one, nu. Okay. ... וזה לשונו: פורש אדם מאשתו סמוך לוסתה, אף ד' שעות, אם רגילה לראות ביום, פורש ממנה כל אותו יום והלילה שלפניו. וכן להיפך, עד כאן לשונו. ועיין ברעב״ן סימן שנ״ח, ובש״ך פרק האיש ... סוף דף סמ״ג, וצריך ... לדעת ... Oh, that's already it. Slowly. Now, the question is, yeah, but the Gemara says not like that. What do you say? He just said that we do do. He brings the shari dura. Yes! Yes! Or zrua. Yes, good. Or zrua, good. Taz says or zrua, no good. He says or zrua, yes. Ah, you'll ask the question, the Gemara. Slow. He says, wait, wait. Ah, you'll ask the question, Miran the chaver, you want to be machmir over Miran the chaver? What are you doing? Bishlama, you come and you ask about the or zrua, since rishon to rishon. Then you start talking, Shach, Shavei durach, ... psak. But why would you go against the Shulchan Aruch? So you see there's two issues here. The first issue is, how could you go against the Gemara? The second issue is, how could you go against Meran? So if you learned the information like a bench, you really did your work and you didn't just rely on me and the cheating books to help you, you'll notice that there's two issues. One is the Gemara. How are we going to answer the Gemara that says, Eino mekar, it's mashma not like that? And the second question is, how could you go against Meran? Meran says some of the... you say not. You know, every time it says Shulchan Aruch, ken, ata tagid lo. Ma ze, isha u'baal? Isha u'baal ze kacha. Habaal אומר כך, האשה... Sharei dura, what are you doing? Who's paskening against Meran over here? Says the Shach, you didn't understand the Meran. You didn't understand. What is the chiluk? Now read the chiluk. Meran, the Chav is talking about what? Even in the yom, she has shas kevuah. Now, what do I want to politicize, okay? Who told you this mechaber? Who was the one who taught you shas ves and some ves the chiluk, and I told you you have to know it, so I want you to know what you're talking about. Me. That was the first thing I told you, and everybody, you can't look. There's nothing not to learn in the Mechaber. You have to know this. What was the first shiur on the Mechaber that I said? Was this what? Shas ves. That was the whole thing. I stressed the shas ves. You don't know what you're talking about if you didn't do this shas ves. If you didn't learn the words in the Mechaber, you don't know what you're talking about. So then there's no Shach. There's nothing. Don't learn the Shach, and rip it out of the book. I have no problem. You want to go rip it out of the book. It's exactly what it—

It's exactly what he says. Read it again. And everybody's going to read it, and then they're going to realize that they all mean a pashut. Go ahead. Shas vest. Go ahead. ודא דאם יש לה וסת קבוע, כגון שיש לה וסת לראות לעולם בתחלתו או לעולם באמצעיתו או לעולם בסופו, אין צריך לפרוש אלא אותו היום ולא לפניו. והך ארי בשעה סופוסקים, אבל אם רגילה לראות ביום ואין לה שעה קבועה, רק לפעמים בתחלתו ולפעמים באמצעיתו ולפעמים בסופו, אם כן כל היום וסתה. Do you understand what that says? ודאי מכירו היה וסתה כל היום. It depends what. If there's a shas vest, then it's some. And if there's no shas vest, then it could be the ... also, right? So who's right? Now, he says it. He says it. He says it. When there's shas vest, then it's ... When there's no shas vest, there's no moment. Then you can have the ... You don't have to work the mechaber. Of course you have to learn it. Maybe not. Maybe not. My only question on the Shach, really, honestly, honestly, how you tochen that he learns the Mechaber, that the Mechaber skips half of his words? How could you make it that he left for a yom shelefanav, a hidden, that you have to make a diyuk in his words, mameila you'll know this? But you see that the Shach makes that diyuk, and if you make the diyuk, many halachos l'maaseh come from it. And that was the first shiur. I can't help you, but that's what he does. You don't want to learn it, so don't learn it. I have no problem. You want to learn something else, learn something else. You had to know this nafka mina in the Mechaber to know if yes or no ... Otherwise you don't have the Shach. There's no Shach here. There's nothing I can tell you. He says it. That is the yesod of the Shach. Yes or no? But it's not a pel. To me it's a davar shel pel. It's a pilei, pilei, like a pele, like an elephant. That's how pele, pele, that's how big the pele is. Pilei ployin. It's elephants of elephants. How does it be know that the Shach is explaining it in the Maran? Maybe he's arguing. Because he says it. No, maybe he's arguing the Maran. He's telling you chiluk. Maybe the Maran... He says it in the Beis Yosef. He says it in everyone else that argues on the Arizal. That's what the question is. To me it's like, could you imagine leaving a halacha out in the dark? Be medayek in my words, you should know lefanai. That's what he says. What do I conclude from that? That it's not so. No, I understand. That's not the diyuk. That's all they were trying to say. Do me a favor. They're trying to say that he's not speaking... Who's speaking then? And the other poskim... No, I know what he's saying, because I learned like this. Wait a minute. I want a ta'ina, you ready? Chiddush nifla in the Shach. Chiddush nifla, chiddush niflach, chiddush niflach, chiddush niflach. You ready? I don't believe that he's chayiv to learn, he's learning up the Mechaber that way. He's being meyashev those that want to follow the Arizal, that it's not mamash neged the Rama, ki'ilu like a derch eretz Rama. It's not mamash stira to Rama. He left the door open to follow the Arizal. Can I ask the question of it? Sir, sir, sir, I said, don't, don't, I know. Pashut, he's going on the mechab. Right. And you know why? Because he says. And that was the first shiur. I want to go further. Ani rotzeh lhamshich. You have work to do. My job is not to sit here and learn with you bechavrusa. My job is to open doors and show you what you might have not seen when you learned. That's my job. And learn it this way, and you'll see it's a world. Milchas nidah is a world for itself. Olam malei, olam malei. Okay, now, the Shach gives a little more pilpul, tavlin, tavlinim. Okay, quickly, try it. I just don't know, what's pshat that he's mechadesh? What's the hesber? Nothing. So let's go back. There's no— I mean, that's the Shach, that's what he's saying. So that's whatever. I mean, what should I tell you? You have to work on it. No, I'm saying, other— other...

Why this has to be the way? Why is that ...? No, he has. Yeah, because why does he get his information? No, no, no. No, but he's asking why would he be that way. Only, like, there is a rule when she doesn't have shas veses on that day. Why can ...? Sir, sir, sir, I have so much to say on this. I can't even tell you. What I'm trying is to minimize all the cheshbonos I have. I have so many cheshbonos. After I tell you a piece along this, understand everything just, it works out. It's like a Rubik's cube that works out. This is one of the things that work out. The hesber why. Why if there's a moment, then it's the day, and if it's not a moment, then we go the day before. Ready? Let's go. The Shach is ... that today, the ... and it's not, and it's this, and it's that, and the meila therefore it's כדאי to keep the ... What is he trying to say? Huh? Have to? Like, צריך or חייב or ...? Okay, okay. Yeah. It's not a stirah to the Gemara. At the time of the Gemara, they weren't so weak. מה שאין כן today, we're weak, chumra, ... כדאי, you never know, la la la la la la la, and then the Acharonim go with this niggun. There's a niggun over here. They're sick today, chumros, so maybe ... okay, whatever. Chumros. חולים היום. Yeah, because in those days they were really strong. Stam, the oshpalov and oshami was much healthier. It was more oil and more. Okay, today they're eating junk food, kugel, kugel from Milmatz. It's not the same, not the same vestes, which is true, by the way. But all right. Hakavuchu ze emet. Shani bati lakilah zu, hishtomamti al hakviut havestes sheyesh bah. Hishtomamti. I couldn't believe it. They would come to ask me she'eilos after three days they want to start counting three days. I just never heard of it, never heard of it. No, that's where it comes from. That's where it comes from. It's seven days minimum. I mean, it could be eight days. I mean, it's just unheard of, unheard of. Three days in this community. I don't know about now, but— Yes, my boy, yes, my boy. It's a different guf. I'm telling you, it's different vestes. You listening to what I'm telling you? That's what I'm trying to say. The vestes of the mechaber, the vestes of the Rema—it's different vestes. When you follow Mechaber, you have one vest. When you follow the Rema, you get a different. Maybe that's where it comes from. No, maybe it has to do with mechaber, how you pasken, because like the Yerushalmi says, ech shehem kovim—yeah, because we have paskened five, Ashkenazim pasken five, but they have to bleed five. Sefardim pasken four, so b'feirush the situation made, they should—less. All right, this is just information, gargir of experience. It's a kernel of experience that I'm just sharing with you. Okay, al kol panim, weaker, cholim, chalashim, or zarua. Okay. Comes along the Torahs Hashlamim, and he says, What are you talking about, Shach? Where's Shach? Where's Shach? What do you do with the Gemara? And then he tries to say the way they learned the Gemara, the way Reb Yosef learned the Gemara, the Gemara here, the Gemara here. Now what am I to look at the Torahs Hashlamim on the bottom, siman kuf pei daled, se'if katan vav. Mi koreh? Who's reading? Let's go. Hachadash, hatzadik hachadash, haposek, posek. Let's go. Nu, Dayan, what's your first name? Meir Dayan. I'm happy your name is not Moshe, because then you'd be Moshe Dayan. Go ahead, nu. Lehavdil, elef havdalot. You know, it's interesting that Bilam and Moshe Dayan both had ayin, one blind eye. It's an interesting thing. Eino hit'ato, eino hit'ato, she'sum ha'ayin. Ani Moshe Dayan, she'sum ha'ayin. Okay, go ahead, nu.

Okay, this is the watch recall. Now I want to get to the part of the Shach. Here. Okay. ובפרט מה, ובפרט מה שרוצה. ובפרט מה שרוצה לקיים דברי הש״ך. ובפרט מה שרוצה לקיים דברי... אה, זה... אה, yeah. אינו ברור, אינו ברור. הוא נגד משמעות הש״ך בכל הפוסקים. Take out the word משמעות, because then it sounds like a diyuk and people don't like that. Okay, anyways, בכל הפוסקים, דאינה אסורה אלא עושה עונה בלבד, ואפילו... ואפילו בנמשך חבסת שלושה ימים, דעת רוב הפוסקים דאינה אסורה אלא עונה. If it's three days, you hear? ... three days she's allowed to see, one day after another. What's the halacha? Only עונה, only עונה. Continue. ולו לפניו לכולי עלמא וכמבואר בסמוך. ו... שישאל הבן הש״ך יסודו, המעיין בדבריו שם יראה שיש לו גירסא בשיטה אחרת בש״ס. He had a different lashon in the Gemara over there. זהו שיטת זרע אמת, אבל לפי הגירסא שלפנינו שבש״ס פירש... ודאי אין מקום להחמיר, והוא שיטת הרי״ף והרמב״ם והרא״ש והר״י ורי״ו, וכן הפוסקים, אין לזוז מדבריהם ומפסק המחבר, ובפרטות דקיימא לן בזה דרבנן. So the Taz Shalom said my whole shiur just now. I don't know if you noticed, everything I sent here, he says it. You notice that he said—what did he say? First of all, he said the girsa. Then he spoke about, bifrat, b'psak ha-mechaber. Why should you leave the psak ha-mechaber? Or, bifrat, that's the Rabbanan. So every bifrat was a different part of today's shiur. You saw it? You saw that in the— You see? You see? Did I make up anything? No, no, not. You'll see. We'll see את מה שכתוב, את התוכן, את המיץ מהתפוזים. We'll see את המיץ מהתפוזים. Okay. So we have here Torahs HaShlamim. I'd like to show you also a Chavos Daas, but I guess time constraints—you look it up maybe yourselves also—that we don't pasken like the Shach. Shach is not maskim, kuf pei daled, se'if katan gimel, and Reb Akiva Eiger. I like Reb Akiva Eiger's lashon. Reb Akiva Eiger attacks, attacks. Shach, give me a lom. Why? Listen to the lashon: Lefi aniyas daati, נו. Even in the Shach, shtikel Torah—who said? Who said, says Reb Akiva Eiger, what are you talking about? Maybe it's a whole—what happens if the Ri is oiseh a whole day? You don't do פירוש that day. Arvach. You know, then I see that nobody knows what I'm talking. Could everybody look at Reb Akiva Eiger. Notice, notice Reb Akiva Eiger, gimel, what's he going—he's going back on the nekudas hakesef of the Shach, yeah? Nu? That even—go ahead, mei, mei read it. Mei read the Shach. You on a time? Read the Shach. Read it. I want you to read the Shach. Okay, listen to me carefully. Tishma. You have to get rid of these old Shulchan Aruchs. Get rid of it. It's not for learning. Buy new Shulchan Aruchs. Either the yeshiva will buy it. Go ask Rav Chaim, ask him for new Shulchan Aruch. It's not. You're not going to be able to learn this. You're not going to. You need a new Shulchan Aruch. ... Get yourself one volume. It's not, it's ten dollars. Because you go to places where, I don't know where you go, you go to Gift World ... You have to go to the ... Seven dollars, right? No, it's you. So you know what? You tell the guy, hey, I have a migu, because once you get it, you'll also use it. And who said the guy who used it really used it? There's no story. I'm saying, who said the guy who used it really used it? So therefore, you want that he should give it to you for five dollars. You should work on that. Migu. ... you're trying to get money from me. Tell him the migu is the other way around. Okay, go ahead. Okay, go ahead. Vaiter. Nu, let's go, let's go, let's go. How about Kiveiger? Kiveiger. Which ...

There's, you Shach come and say that there's a difference between the moment. Yes. Lefi anius daati, arbach arba. Your co-signer needs a co-signer. You Shach, say this. How do you even know what you're talking—who said? Chadesh chidushim, yeah? Arbach arba tzarich. Debepshuto yesh lomar, degam bazeh ein tzarich lifrosh balayla, shekodem dechachamim lo asru rak oto hayom shehaya bo hare'iyah. Hein shehaya hare'iyah zman mu'at, hein shehaya hare'iyah kol hayom. So what you said, that it depends, and if it's all day, then we have to... Chachamim didn't chilek, and et sha'ah, yom... The Shach was the local Rosh Yeshiva. The Shach was the gadol hador. Just tell me who he was talking about. The machlokes. You really should know this. Truthfully, this is where the heart of the sugya is. I want you to underline three words in R' Akiva Eiger: she'einai, einai zachah lirot. I saw something in R' Akiva Eiger, which is the key, the mafteach to the whole sugya here. That's the key to every sugya. What's the key to this sugya? LaAniyus da'ati, zeh key to every sugya. Tzarich anavah. What's the key to this sugya? Shechachamim lo gazru ela oto yom. I like that. I like it. I like it. R' Akiva Eiger, you're the best, the best. Halavai we'd have Mashiach, we'd be zocheh to learn from you. We don't need Mashiach for what you think we need. People think we need Mashiach, chevre, ... to learn with R' Akiva Eiger. ... to learn and to hear shiurim from R' Akiva Eiger. You know what I'm talking about? Do you know that the whole key is in those two words? I love it. I love it. I love it. I love it. Um, I only see the page here. I don't have time to look. I don't have time to look all over. I could tell you, though, that I have a whole shtickel Torah, which would take a few hours to tell you. Seriously, I have a whole mahalach. Take about an hour, an hour to tell you the mahalach. I'll tell you a little bit of it, and then we'll go vayter, because I'm forced to go vayter, no choice. This is what they want. This is what they want. It is what it is. The key words. Okay, now let's go and talk a little bit more, get just the halacha l'maaseh, because I have to give you that also. Aruch HaShulchan. No arzei ruach. So I guess in litach— Yes, in a few minutes. First I want to just get the information, get it out so everybody who needs just information is happy and content, and then we can go and start talking, like for people who are seriously learning. Okay, Aruch HaShulchan says, no arzei ruach. Rav Ovadia Yosef, in his Chelek Aleph, amud nun-vav, he knocks away the arzei ruach pretty strongly. You look it up over there. Don't worry about the arzei ruach. But I imagine you saw the Ben Ish Chai. I was shocked. You saw the Ben Ish Chai. Ben Ish Chai holds arzei ruach, second arzei ruach. He likes the Rama a lot. No, he likes the Rama a lot. Let me tell you, he was so big in learning. They made cheshbonos for Shas and poskim. These are not— you know, I don't want to— no, no, I want to teach you to appreciate the greatness of big people. We look through the cheating books, so we think it's, he says this and he says this, how do we pasken? Like that. It's much bigger than that. It's seeing the sugyos, it's seeing the Gemaras and the Rishonim. All right, whatever. You look at his Shaalos U'teshuvos. No, no, no. Look at his... everything. Everything. You look... the Hagahah and Drush and Zohar and... Olam, olam... That's for children. That's for the baby books. The baby books, right? And then people buy it. Yeah, Rav Shach said this, and Rabbi Elyashiv said this, and Rabbi... said that. Okay. No problem. I'm not saying we could be more, but understand that they were. If you think that they're as small as you are, then you're really not... completely. Okay. Kitzur, Parshas Tzav, ois aleph. Chiddush nifla, chiddush nifla, okay? He brings it. It's interesting. Your Rishon Letzion also, your green book also is very much for the Arzarua. You noticed it? You saw? Huh? Yeah, yeah. He likes it, he likes it, he likes it. Omed nun ches, nun tes. He says it. Today the women are weaker... Arzarua. I know. It's interesting. The Sefardim are very into this Arzarua.

No, no. Yeah. ... Chassidim are makpidim? Chassidim are makpidim, yes, they are makpid. It's really Chasam Sofer. That's where it comes. Chasam Sofer is very makpid. Chasam Sofer, the teshuvah siman kuf ayin tes says you should be machmir like the Arizal, like the Bach. Okay, so this is your lineup. You want to know the teams. These are the teams, okay? It's the Aruch HaShulchan is the captain of one team, and... all right. You look up. I feel even stupid repeating it, okay, but it is what it is. All right, now, I want to tell you a meidige vort from the Shevet HaLevi. I saw an interesting, in two places. It's a nice sefer, I forgot it. I don't remember where I was. Who bought it for me? Someone bought, like we bought... Oh, what's his name? The next door, I think, bought me the Shevet HaLevi. Elazar. That's an interesting vort. I appreciate his form. It's interesting. Let's make a cheshbon. ... Imagine that the vest is bayom. U'bayom you anyway can't be together with your wife. So now, true the Torah Shleimah speaks about it. He says maybe it's Talmid Chacham. I want everybody to look at the Torah Shleimim, ot... I want to tell you, you know, people like ot u'moifes, right? That's what they like. You give me an ot in Shulchan Aruch, I'll take it over any other ot that you give me. To me that's ot. Maybe that's why it's called an ot. Okay. It was a test. It was a test. Okay, now, take a look. Yeah. Now, I want you to look. Im hu b'yom, פירוש ביום. Go ahead, read it. סעיף קטן ה'. Im hu ביום פירוש. ממנו ביום. פירוש. ... אפילו בבית אפל, ... What's the ... anyway, ... What are you talking about? Ah, Teretz, ... this, ... I don't want to get into this because I have a very strong, very strong opinion about this, but it has to do with my background. I know that the Sefardic ... are a little more meikel about this. The modern-day Sefardic halacha, ... where I come from, it's completely unheard of. Completely. I mean, it's like the craziest thing. Even talking about bayom, it's just crazy. So I don't want to get involved because I'm Ashkenazi. I grew up that way. I grew up, and I have a certain sensitivity to this. Maybe I'm oversensitive because of my surroundings, maybe. Could be. Bottom line, he also, Rav ... Levi says, hu bayom, it's no bayom. There's no such thing. So it would come out that there's no vishartem etumah, because you anyway have to be poresh bayom. So therefore, kiblu chumras haArizal, because you need vishartem etumah. A woman has to know, don't jump in when you can be a nida. Interesting? Interesting? Two places. Chelek beis. Sif ayin, chelek daled, seif siman tzadik ches, os hei. I thought it was an interesting ha'arah. It's a certain mabat, min adam gadol. It's a mabat. It's a way of looking at a psak halacha. We don't want to do away with the arzei haLevanon b'zman hazeh, not because they're weak, because then there's no arzei... then there's no v'hishartem... What is that? Is that pasul? What is it telling me? Prishah סמוך לווסת. What he's saying is, why would we be mekabel? I guess it's more like in the Bach, mesorah kabbalah meheichan? Why? And the Teretz is because we want—there's a kiyum of v'hishartem... You wonder how I explain it? I never saw this sefer alei until this morning, okay, that I was searching a little bit. I held this way anyway. Let me explain what I held. And this goes back to the heart of what I spoke to you. What is v'hishartem... what is it? Are we afraid she's a niddah? I don't think we're afraid she's a niddah. It's a limud. A person should be nizhar from niddah. Otherwise, if you think about it...

Why did the pasuk come out straight and say, Be careful from nida, or aser the day before? The lashon of the pasuk is what? Melamed. Read the Gemara. The Gemara is very strong language. Read the Gemara. Read me the Gemara. Look at the lashon. Hishameru bnei Yisrael, sheyifru... warn. What do you mean warn? Aser it. It's a warning, a zehirus in tumas taharah. There's a zehirus in tumas taharah. It's a lesson: be careful, leave this serious thing. So if there won't be this zehirus, because anyway it's also Yom Ves, so what do you... so the Kabbalah was to be machmir like the Arizal. It's a chumra in chomer. That's what it's for. It's a chumra in chomer. It's a chumra in chomer. Now, if you don't know what, if you don't understand or don't appreciate what I'm saying, I'm going to teach you two things. Too bad on you for status. Second of all, second of all, you'll do yourself a lot of good to try to shtel tzu to what I'm telling you, because I'm teaching you a havanah in how to pasken a she'eilah bichlal and bifrat in hilchos niddah. There's a certain feeling that you get when you get shimush, and it's conveyed in what this yeshivah, our Levi is saying and what I'm saying. There's a certain chomer to niddah. There's a certain lesson that has to be taught, v'hizharu mitumas niddah, and that when there's kalus, we go for the shitah hamachmir in order to bring out the chomer hadavar. It's not hashkafah. It's a chumrah. Kiblu. It's a kabbalah on how to pasken certain things. It's a kabbalah. Now, I don't want to say more because you're still too, too, like a budding chicken, you know what I mean? If I'm going to start giving you a ch'vei steak, and when you're supposed to be eating worms, you'll choke to death, okay? But remember I taught this to you, all right? He wants the steak. I see it already. Certain people want the steak. אתה הבנת מה שאני אומר? אתה מבין? אתה לא מסכים או לא מבין? ... Listen to me. I'm almost done for the day because I see the oilam can't handle too much more. ... Shevet Halevi is saying, if you had it through the day anyway, anyway you won't be able to live with it. ... Okay, so don't think fakert. Listen, I don't have time to argue. It's very simple svara. Could you do me a big favor? Could you teach the oilam to listen to what I'm saying now? No, no, what I'm saying. You know what I'm talking about? Okay, I'm giving you a diamond. Don't ruin it. Give them an entire hashkafah. In other words, it's not enough that sometimes she may have, anyways, onaah at night, and therefore, oh, she should be kayem ... You want to make sure every single time she's be kayem ... If that's the case, let's just say ... maybe we should make her also the night before, just so that she should be kayem ... That's a particular case. That's a one-caser. Okay, now listen carefully. Where are we going? It's a little ... now. Listen here. I want you very much, rabosai, I want you very much, rabosai, to start internalizing the following yesoidos in Vestes d'Oraisa and Vestes d'Rabbanan. I explained to you Vestes d'Oraisa is based on a chazakah. I'd like to discuss with you what is Vestes d'Rabbanan right now. Does Vestes d'Rabbanan mean chosheshim l'ma shelo tzrichim lachshosh, or, hagam shemin haTorah chazakah lo kol kach, aval b'chol zeh mid'rabbanan yesh chazakah. Yes. Everything I spoke today, every single thing I said, everything that we spoke about today is nogea l'deisai. Every detail that we spoke. כן, אבל מקודם אני רוצה להגיד שחוץ ממה שאני אומר את זה, יש צריכים להגיד דברים בשם אומרם. זה maybe geulah la'olam, yoinesim, choshech, yoinesim, matanah gedolah sheHaKadosh Baruch Hu chinen oti, chinen oti b'matanah tovah.

Hu amar et hasvara הזו. Maybe it's a chazakah midrabbanan. Maybe you're right, for the Torah it's not a real chazakah, because whatever this, chazakah asuyah lishtanos. But the Rabbanan made it into a chazakah. Or the pshat is it's not chazakah, it's nothing, it's stam. Chachamim said, tizaharu. Very big nafka mina, very big. Even the pshat is it's a chazakah midrabbanan, or it's just a chashash and a chumra and a veses d'rabbanan, ein malachshah al b'chol zos, chachamim masruha. You want to know where it plays in? I'll tell you where it plays in, just agavucha, before I get into the details of it. If you hold it's a chazakah midrabbanan, so what is the vishtarta? The vishtarta is that she might see a niddah. But the only thing is, it's not the chazakah min haTorah, but the Rabbanan said let's be choshesh for the chazakah. Idilma the pshat is she's not a niddah, there's nothing to think about, she's not going to get her niddah, there's nothing what to talk about. But af al pi kein, vishtarta is a kiyum for itself. Lifrosh min haneshesayhem, lshem prishah min haneshesayhem. Is the tachlis that she might be a niddah, and mayly you have to be poresh? Or we want prishah, סמוך לווסת, that's what we want. Prishah סמוך לווסת. You want to know what the big nafka mina is? Are we worried about the day, or worried about the hour? If you want to make a din, for example, right, that certain things you have to do, for example, a lulav and an esrog midrabbanan you have to take. Is there a special hour when you have to take the lulav and esrog? It's not relevant. It's a day. Tolin a day, right? If you want to know a woman is or isn't a niddah, it's not tolin a day. It has nothing to do with a day. It's tolin an hour. We're going to learn the shita of the Aviasaf, which is a very big chiddush, that if she sees at a certain time during the day, your ona is a little before and a little after. It has nothing to do with the day. You know why I hold? Because the Aviasaf learned it's about her being a niddah. So the ona is revolved around her time cycle of her being a niddah. A dilma has to do with a day. Forget it. Let's say she'd see nine o'clock in the evening, ten o'clock, and it's still daytime in Australia. They gave the din on the day. Something had to do with the day. It's a din prisha bayom, byom ves. No, because you know that I'm really not finished. I'm saying such raw material, and I don't have time to say it that. Maybe I'll continue it tomorrow. I have no problem with it. You know what? Maybe I will continue. I see the oilam is nervous, and the truth is we have every day shiur, so I don't mind. Let's go slowly. Tomorrow we're doing gimel, but I want to finish this with the Aviasaf, just to show you how it's so beautiful what I'm saying, the nafka mina lahalacha. What happens if a woman flies on an airplane towards the hours where the day ends? Let's say it's a classic shaila. Rabosai, it's tolin in this shaila. If you learn that she needs her hours, and we're choshesh around her hours. Twelve hours, because it might come within the twelve hours. Then I don't care that she flew in the day. Who cares? It's irrelevant. She needs twelve hours. But if you learn it's a din in the yom, the yom is over, you know that? Let's see a taanis. Same shaila by a taanis. A guy flies against the thing, and two hours, his day is over in two hours, but he never fasted twelve hours. Do you have to fast? One hundred percent not. It's a din in the yom. One hundred percent not. ... ואומרים שצריכים לחשוש וצריכים ... ... ועל גבי האור זרוע, ... Levi brings down that the Dagul Merevava learns that even if it means vest, a little bit after also, even after the ona, you saw the Dagul Merevava, everybody saw it, that when we say the yom ha-vest, we don't mean mamash yom ha-vest. What do we mean? You wanted to look it up. I'll tell you where it is. You're looking up the Shevet HaLevi. Let me tell you where it is. Amud chav daled. You have it? You have it? The person who flies to the Shevet HaLevi is going to ask the Shevet HaLevi the shaila, you hear? Americans.