Hilchos Niddah: Ne’emanus on a Lost Mareh, Safek Bedikos, and Relying on a Chacham’s Psak

Transcript

Isha, a woman is relieved to say, sheze ra'isi vavadti. So I have a shaylah. Is there a difference if the woman says, Ra'iti vavadti, v'zeh nir'eh k'zeh, or it has to be that she comes l'chatchilah to say, k'zeh ra'isi vavadti? I want to know, is there a difference? She comes and says, I saw, I saw a mareh. Where is it? I lost it, but I believe that it looks like this. Or the pshat is, like the Shulchan Aruch brings, the way she offers the information at first is, k'zeh ra'isi vavadti, which means we don't even hear from her a re'iyah; we hear a muted thing, k'zeh ra'isi vavadti. Is there a difference? Now, if you learned the sugya and you paid close attention to the Shach and the Acharonim, you'll know that I'm tiptoeing around. Very important nekudah, and yesod in the sugya. If you heard the words I used to explain the shaila, and you know the sugya, you know that I'm touching different nerves in the sugya. You understood what I said, what the question is? You understand what's so... Nobody talks about this. Not one. I checked. I checked every book. I went in the Lakewood otzar. I went around. I couldn't find one book that talks about this nekudah, but I think it's a fair shaila. Yeah. Is this lashon specific or not? Specifically? Yes. No. My question is, is it that she came and said, By the way, I saw dam. And not dam, I saw something. I saw a re'iyah. Where is it? I lost it. What is... Oh yeah, but I believe that it looked like... Did she establish a re'iyah? Did she establish a re'iyah? And then she's like, a pesha asur hu, a pesha hitir? Let's use those words. Or it was, ki'ilu she came and said, I saw right away. That's what she's offering us information. I saw right away a tahordike mareh. Well, the lashon is mashma that she's coming in the beginning, and she's saying, By the way, I saw kosher. I saw... What? I don't know. I don't know. So it's a good thing I wrote this down. I don't really know. What is provoking her to talk here? I'm not really sure. Huh? But what's provoking her? She's coming to ask a shaila. Good, good. I don't mind. I don't mind. I don't know. I don't mind. I don't mind that's the story. Or is the story that someone is taking her to task? Didn't you have a marriage? Didn't something? Yeah, but this is what I saw, because there I see. Is there any history before her giving us this ne'manus, or it's just she's coming on her own asking a shayla? Those are the two questions I wanted to ask. Now, you have to... maybe you call that... Okay, no problem. It gets easier, so don't worry. I'm going to give you a lot of interesting psakim that maybe the sefarim don't talk about, Reb Elyashiv, things that maybe it's not, things that over the years I have... for things I heard from... You'll get interesting psakim. So all those that like factual psakim will have that also. All those that like to learn the Shach and Taz, they'll have that. Today shiur is going to be a class. I come from Lakewood; it has to be worthwhile. Now, the last thing I have to ask you, look at me. I'm completely dehydrated. Okay, now, the two shailas I want to know is as follows: Ne'menes isha...

Loimar. Notice that she's loimar. She didn't come to ask. It's not the loshon that she came to ask. Let's say a nisha comes to ask a shaila. It's not exactly what the story is. Maybe it is, but that's not exactly the words that the Shulchan Aruch was nokat. The second shaila I want to know is, besides who's provoking her, is it a story which is, it's based on the first shaila, that yes, I saw, but I want to explain to you what I saw. See, the way you're learning is she comes l'chatchila telling, because ... is a k'tar, and maybe that's why she's saying it that way, maybe. Is there a difference if she first established that there is a nidon? Let's use the— you know what, I'll fast forward a little just to show you that there's a sugya here. She's establishing a nidon, and was she being machria for us what to pasken, or she's telling us that there's nothing here to be dan on, there's no story here? Okay, that's the whole question, okay? Why is she talking, and what is she trying to say? She saw, but, or is she saying, I didn't see anything. I saw nothing. This is what I saw. I saw a kosher thing. Okay. Ve'avaditiv. I lost it. When she says, k'zera isi, va'avaditiv. V'im hu mara lavan hayarok. So the Shach explains the Taz that she's not really saying what the lost one was. What she's saying is, this one is, and this is like this. You saw this, the Taz? So the Taz uses a lashon which is a little bit complicated, and the Shach in the Nekudas HaKesef fixes it. Leshonim megumgam, you saw? Ritzono lomar, oysa she'omeres alav kezeh raisi, im hu yarok, im ken gam oysa she'avad hu yarok. Which is funny, it's interesting. She's not coming to say that one is yarok, but she's saying that the one here is like that. What would be the difference? Like, what would be if she came and said that one is yarok? No, she doesn't know what green is. No, she thinks that green is purple, and purple is... I don't know. Yarok, she says green. Let's say she came and said not yarok. She's an American-speaking woman, and she came and said, you know, it was jet green. That is good? Like what? Like dollar bills. What do you have to ask her, like what for? You don't know what green is? What's that? You don't know the difference between green and red? There's ten different greens. Any green is anything but red, besides for the fact that it might have once been some hue of red. Okay, I don't know what you're talking about. You know any green that isn't a teal? The Beis Yosef speaks about a case where it'd be tahor. It's yellow, and in the chilukes still we hold... Right, but then there's green. We're talking about green ones. Let's say she—I'm asking you a question. What happens if she came and she said it's, it's, it's... not green? No, it's blue. Okay, she came and said blue. She, nama. But she has to come with a mashal. She has to come with the... I'm not talking about that. I'm talking about this, which—oh, and by the way, that looks like this. Do you need a demonstration, or it could work even by just saying, Yes, I know it's blue. Depends on the colors. You know why I feel very—I don't know if the word is anger. I mean, this is a very big need in the sugya, not mine. I mean, everybody talks about it. As a woman, nama to come and say colors. Maybe she's not nama to say colors, but she's nama to say that this is like that. You don't know that that's a need in the sugya? Right. So, in other words, you're dancing around my diyuk, but it's a diyuk. I'm saying, lichora it's in here, and maybe. All I ask you is, is it in here? Maybe. I don't know, and I'm saying a legitimate thing. I'm saying something you should have said. Let's say leshonim megumgim. Let's say it's true. So why be megamgem your lashon? I mean, what do you need that for? Just say it was a kezera, isi v'avaditiv, v'im hu mari lavan. What's bothering the Taz? Just come and say what it was, and that's all.

Are you nemen to say it was green? Are you nemen to say it's white? And the answer is, I don't know, maybe not. It's a good deal, maybe not. Reb Moshe says yeah. You know Reb Moshe says yeah, right? Oh, you don't know that. You know who else says yeah? They all say yeah. But you know a lot of people say no. You saw the Pischei Teshuva, you saw. Okay, so what should I do? So tell me, what are you learning? I mean, maybe I'm lost here. Are you learning the same siman? I mean, okay, we're gonna get to this a little later. There's a whole needen if a woman's ne'eman to say what color. I mean, maybe shebichlal not ne'eman. The Pischei Teshuva לגבי. She comes along and says, and Reb Moshe says if she has experience and she saw this the whole time, the chachma was mateh to her, the colors, this, this is... okay. Maybe she's only ne'eman the way the Taz learns up, and you should know the Taz is a brilliant man. You know why he's learning this? Why is he learning this? Because that's the case in the Shulchan Aruch. You see, many people hold you don't have to learn the Shulchan Aruch. You don't have to be medayek in his words. All you have to do is read the Kitzur, Piskei, and then say, vchein kasav, vchein kasav, vchein kasav. But there's a problem with that. What's the problem? That the vchein kasav came from the Taz, which is read in the words of the mechaber. There's a reason why. There's a reason why the Taz wrote this. What's the reason, Elon? Because it doesn't say ne'emenes ishah loimar that it's yarek. It's ne'emenes ishah loimar, it's like this thing that I'm bringing to you, כזה. I have another shaila. If the story was that she comes l'chatchila to say, I saw, now you want to know what I saw? Oh, by the way, it looks like that. Or she's coming l'chatchila to say, I saw this. What's the difference? You tell me, what's the difference between the two cases? You know the difference? That's one thing I said. That's the first diyuk I made. There's also another very big difference. You know the difference is? When I come and I say, I saw, and grad it's like this, right? Besides the re'iyah, besides what I just spoke about a moment ago, what I am actually saying is, I want to tell you about this. And grad to tell you about this, I give you a mashal from here. But then there's another way how I could do it. I'm coming to tell you not about this, but I'm coming to tell you that this and this is the same. If I want to use as a mashal of color, then I would say it's this. Let's say I would say it's green, and it's green like that, okay? Or I could come and say, I don't know anything about colors. I have no idea what you want to call it. I'd rather know that this piece of paper is just like this piece of paper. Forget about colors. Notice he says, k'zeh ra'isi v'avadti. Look, just like this piece of paper. She never said one word about a color. That's called learning the shulchan aruch. Okay? And if you don't learn Shulchan Aruch, don't bother paskening shailas. Don't bother. Did she mention any color out of her mouth? I want to know the story. Did she mention any color out of her mouth? You should write this down. This you're not gonna find in the Bechein Kasav sefarim. You're not gonna find it. She said it? V'im hu marah lavan, o yarok, tahor. Yeah, she said it. Where did you see that she said it? She doesn't say anything. She says nothing. She just says it looks like this thing. It looks funny. It looks just like that, yeah? What do we go against to say in this halacha? Is this halacha... that... ...even if she opened the Torah and came out... She found the mareh. Now the next halacha says... that mareh that she found... You don't know. It has nothing to do. It's a new sugya. It's a Gemara. It's a Gemara nidah. It has nothing to do with the previous halacha. Ilan, tell me, you saw here she came and said anything about colors? No. Right? So why didn't you make this deal? Why doesn't the... I mean, it's a legitimate thing. You know what she could come and say? I don't really know colors, but I just know that...

This looks exactly like that. What happens if she said, she comes and says, You know something? I'm pretty bad. I never learned colors. You know, that grade, I failed. I failed the primary. I didn't watch Sesame Street, and I failed primary. I don't know. I don't know what green is, and I don't know what red is. I'm not gonna come and tell you colors. You know who told me this? Raffi. Raffi was the one who came and said, How do you know she knows colors? Did you just tell me that? You didn't say hilchos. That's not—you see, now you're backtracking. You said you don't know how to call the colors. Didn't you say that? Okay. Did he say it? You understood it that way. Did you understand it that way? Because you're a chavrusa. I'm not his chavrusa. I'm not mechuyav to understand the way you understood his chavrusa. V'chein katav... I know, it's not my problem. This comes when you're very tired. It gets very sharp. I lose for you. This is just the tip of the iceberg. It gets pretty worse. Time goes, and I'm not gonna finish my shiur; it's getting sharper, yeah? We can talk about that. The sheva... Levi talks about it. The Chochmas Adam talks about it. I mean, sheva, it's true, it's silly. It's a Chochmas Adam. It's a Binas Chaim. It's a Binas Adam. Okay. So let me go back, because the truth is, I'm saying so many fast-forward information, and I really just want to learn what it says here and then go back into the information. So, נאמנס איש עלי, מרכזא רואי סיבבתי. I lost it. You lost it? What are you—you know, you're telling me a color, you're not telling me nothing. Okay, you lost it. Now that you lost it, what happens if you came and said, I'm not really sure about the color, but I have a question. I doubt about it. What would happen then? You know, I have a very bad feeling about the color, but I know it looked like this. Again, I came to the rav. Why did I come? I mean, according to Rafi, which I'm masking is the story, she came to the rav. She could have been married for 20 years. See, there's two stories here. One storyline could be she just got married, she doesn't know the difference, and every time she cooks a potato, she thinks it's a maror and she brings it to the rav, okay? So he asks the rav, Is this tamei or tahor? But he said, It's a potato, okay. What happens if it's 20 years later and she knows the difference, and she comes to the rav, because zeh ra'isi, so why is she coming to the rav? Ah, it's a whole different story now, right? Unless she was questioned, and she says, By the way, it was tahor. But if she wasn't questioned, and you learn like R' Foller learns, which I also had that side, so it means there's something that she came to talk about, right? I mean, she's not some crazy— and at a certain point, a woman knows the difference between a good bedikah and not a good, right? So what happened? That's a very important shailah. See, that's how my mind works when I see the halachah. I want to know what happened. I don't know what you're talking about. Is she a moron? She's not a moron. You're talking about a lady who knows nothing, or you're talking about a woman who was in the business for 20 years. She doesn't know what— red, she don't know green and white, she don't know. And the teretz is— And the tevetes. Because obviously you had something that was worrying you, and yet you came and said, But it looked like this. What happens in such a case? So let's look at Reb Akiva Eiger, se'if chav gimmel. How come there's no ... it's in the back here. How did the new Shulchan Aruchs work? Huh? Huh? You have it here, right? You have it? Okay. You have it? You know, let's do the Teres Hashlam that way. Teres Hashlam. Okay, ready?

Yeah. Yeah. Go ahead. Yeah, that's it. Okay. Lashon haRashba, dilma kiheichi lan lo izbara, ינמי, but that's the case of lo samchina. One second. Wait a minute. Oh. Vilfi ze nireh, d'im haisha meviah dam harishon, v'omeres, ze shehu kezeh, here, we're pointing to chacham, v'ein ro'in she'eina to'eh b'dimyonah. V'im lo kiem, ... hasha'as. Sorry, I don't know if ... Where is ...? Wait a minute. Kiveiger says like this: even on a safek, maybe a Remaisha brings it down, maybe a Remaisha in the teshuva brings it down, even on a safek, yeah, we're gonna be matir. Which means like this: let's say she comes and she says, 'kezeh ra'isi,' but she's saying, 'I'm mesupek' on the mareh. I'm mesupek on the mareh. On the kezeh? I understand the shaila. On the kezayis, a woman cups, and she says, ‘Bikezayis, I saw this,’ around like this, something like this. Around? Don’t say around, something like this. Also, we’re not sure, because it says, ‘Kezayis, I saw this is what I saw.’ Kezayis, this is what I saw. So what happens if she says, ‘I’m not 100% sure what I saw’? So isn’t kezayis like that? Around? Kezayis, something like that? Or maybe vadai, that’s what I’m saying. Rabbi Akiva Eiger learns kezayis, even if she has a safek. I don’t know, it looked strange. You see, and why did I jump on—I thought maybe R’ Moshe brings, you know, I do it late at night also sometimes. I’ll find it. R’ Moshe brings. So what happens in case—this is the story—she sees something questionable, and then she goes and says, ‘Kezayis, it looks like this.’ So then there’s a whole new yesod. Why? Because she’s coming along and she’s making that there’s a safek here, there’s something here, and she’s telling you, ‘But it looked like this.’ It’s a whole different sugya now, right? Why is she coming? Why is she coming? So I understood that Rabbi Akiva Eiger is learning that she has to be coming for something. If she has no safek and there’s nothing to talk about, why would she be here? Either you learn she’s coming because she knows nothing, and I believe that many poskim bring down that even if she knows everything, or whether she knows nothing, every marah has to come to a rav. You know, Pischei Teshuva brings down, quote, quote, ‘Vechein kasav.’ If it’s borer to her that it’s tahor, she doesn’t have to. That’s a shevet halevi. Most poskim don’t say that. Go ahead, read it, read it. V'chein kasav that in case, you always have to go ask. Who? No. That's it. This is a shailah in the poskim. You know, you know what? You see, it's so easy just to read, do you or don't you? But it's the trick is to bring it back into the Shulchan Aruch. Why is this woman coming? Gezeirah isi. I'm asking, why is she coming? Come in. You guys, I can do it. They know I'm not violent. I'm just trying to get them to learn. The question is, why is she coming? Gezeirah isi. What are you doing here? According to Reb Akiva Eiger, it's gishmak. Why is she coming? Because it's not clear. And she's just saying, by the way, I'm giving you information that it looked like this. Mashenkein, if you learn that every mareh has to come to a rav, it's gishmak. She's coming to clean mareh. You know, there's a shprach, there's a language that they use by Rabbi Ruth in the Kehillah.

This you could use again. There's women who bring white clothes to the room. Yeah, this is clean. You can use it again. Called an eid habadik. I just checked the field. It's called an eid habadik. But you have to bring it. A person has to come and bring it. A chashuv, a good girl brings. In Lakewood, they bring, and you get cleanah. You can just, you can make a business out of it. Take the marah and reuse them again. Sell them again for a second use. Recycle. And they're all eid habadik by the pesik of Lake. That's it, okay? This, rabosai, is how to learn. Now you see? Now you see, Rafi, the difference of what I'm telling you? I'm not sure what the story is, and it's telling this shailah. Now I have a different shailah. In Reb Akiva Eiger, did she come and said, I think I saw red, but it's kezera, you see? Or she says, I'm not sure what I saw, the kezera, you see? What's the story of the safek? How far does the safek go? How far does the safek go when he says kezera? Pshat is she's coming because she has a safek. What's the story of the safek? She's safek because she doesn't know what she saw, or it's a safek because she's afraid she saw red? I don't have a klal. It's mashma that even if she saw, it didn't make a difference. You know where the difference would be? Is she creating a real, a real safek, and she's being machria it by saying, you know, I think I saw red, and by the way, but it's kezera, it looks just like this? Or she comes and says, I don't know what I saw. A lot of women come and say, I don't know. I just don't know. I don't know what it was. I can't figure out what it was, so go find out. So write this down, right? Write all this down. This is not going to be right on the side of Avnei Shayah. V'chein tzrichim l'hosif עוד כמה נקודות שלא דיברו בזה האחרונים, גדולי האחרונים שבזמננו. I want to know what the story is, why she came. And my safek is, is she claiming that there's what to talk about? Maybe she's coming with an empty bedikah. She's coming clean, because very easy. By the way, it's very clean here, because very easy. Or the pshat is, even if she's coming because of safek, I don't know what the safek is. Are we talking about a safek a lot? A safek that she's mesupek she might have seen something very bad? Or a safek she doesn't know what she saw? When we say it has to be דווקא a case of vadai, because here is the story of vadai, that the safek is, I don't know what I saw. The safek is even if I saw red. What's the story of safek? Because, ראיתי. Okay, we're going to be machria this. We're going to pasken. We're going to write a teshuvah at the end of the shiur. We're going to write a teshuvah to all these shailos. But this is called learning the shailah. Now let's go to another nidon. Because, ראיתי. Yonisin, is this a case of real or this a case of kesem? For some reason, they snuck in from that camp and they closed the air conditioner. So we're going to sneak in from our camp openly. We're not even going to sneak. We're going to go openly and show them that called the alim gavar. Whoever's stronger wins. No, it doesn't even end. He has a tzad even in. He even has a tzad in a bedikah. He brings the Bina Eina. He brings down first, he brings the famous Binas Adam. He brings the Chochmas Adam. What have they? Complaining? I'm sorry. Coat. Put on a coat, scarf, and gloves. No, no, no. Put on an eskimo, like an eskimo. Go ahead. Chochmas Adam, Klal Kuf Yud Gimel, se'if chafes. Safek? Safek is only derabbanan. And since it's only derabbanan, we'll be somech and say even in the next case. Huh? Yeah, it could be, could be. Yeah, here: Ne'emenes hi sheloimar, aval im hevi'u lefaneinu dam, v'hizlikinu b'tamei, o afilu nistapaknu hu tamei o tahor, v'yomeres chacham פלוני, teiri, ein somchin aleha. Could be it's only by a kesem. But ma she'ein kein by a bedikah, which is d'Oraisa, I'm not going to be somech. Says the Chochmas Adam, safek derabbanan לקולה. There's a very interesting chiddush flying around Bnei Brak, believe it or not.

A very, very, very big chiddush. You ready? Chiddush nifla. Shayach to be somech even by a bedikah d'Oraisa. Or even if you don't want to use the Chochmas Adam by a bedikah d'Rabbanan, you can be meikel. And the author of this is Reb Elyashiv. Very, very... Mishmeres HaTaharah, the sefer that brings psakim from Reb Elyashiv, it's there, it's brought down. He says like this, you ready? You ready? Most of the maros that come today are clean and not clean. Clean. Most of the maros that come today are clean. What? You saw it? You saw the psak? Oh, the Shevet HaLevi uses it also. Okay, so I see it runs around the Eretz Yisrael, that when you lose the bedikah, you hear? You hear? There's no problem. Why? Even on a d'Oraisa, because most bedikos are anyway good. Kol d'parish me'ruba parish, and therefore it's a din d'Oraisa. So by eid habaduk, you can be meikel. And Nisui Karelitz in the sefer doesn't want to be meikel on a d'Oraisa, but he's meikel on a kesem. Meikel on a kesem. I have a she'eilah. Let's say she says she doesn't know. She comes and says, I made a bedikah and I don't know. So kiveigen she'mechaneh a tremendous yesod, that when you don't know, right, you could come and say, kezera isi. But let's say she doesn't even have a kezera isi. Well, stop, she doesn't know. I saw a bedikah, I don't know. Now what? A woman comes and says, I saw a bedikah, I have no idea what I saw. It got lost. Now what? What happens now? It seems like she has to explain what happened to a lost bedikah. That's what it's mashma in this din. What? Not such a good question. You see, let me tell you, the base of this shaila is also on how you read the Shulchan Aruch. Why, Rav? Tell me. You know, maybe I'm saying too much quickly because, you know what it is, subconsciously I'm looking at the time. I'm starting to— no, I'm starting to put the foot on the accelerator. I want to tell you something. Let me tell you what I want. Kiveiger talks about a case where she has a safek, and she's saying kezayis, right? It's not even a case where she's vadai kezayis. She's coming and saying, I don't know what I saw, but it looked like this, right? What happens if she can't produce a kezayis? I'm stam— she just lost the bedikah. What happens? I don't know what— I don't know what it was. If she comes and says, I know what it was, okay, fine, she knows what it was. She has a ne'emanus. But let's say she's not sure and she lost the bedikah. So on a kesem, the chiddush is, by a kesem we'll come and say lekula. On a re'iyah, which is d'Oraisa, we'll say l'chumra. So the din of the Shulchan Aruch is a chiddush that's even by re'iyah, because she could produce a kezayis. She could produce information what this was. If she can't produce the information, kezayis, what would be the halacha? Rabbanan d'Oraisa. It would depend if it comes over a Rabbi Yashiv, and you tell me the she'eilah. Fine, I guess they're in cahoots in Israel about this, that what? That since it is a rov kosher— today most bedikos that come to the rav, it's kosher, especially if you go to Rav Chatzkel Rav, it's more than rov, it's ruba d'ruba d'ruba. There's maybe a mi'ut, what do you call, mi'ut she'eino nimtza, mi'ut she'eino matzui, that it's the other way around. So therefore it's all kosher, right? Everything is kosher, right? So once ... but you could be signed even on a riya, even on a regular riya, which is d'Oraisa, no problem. I lost it. Okay, you lost it, so what are you gonna do? Now, I have a few things that I want to touch on. The first thing I want to touch on is: does Reb Eliyashiv mean by a safek she doesn't know what she saw, or where she's mesupek if she saw red? How far do we use this klal that since it's ... I don't know. It's a very nice shaila. Did you mean to say that once you have a safek, so we say it's a safek? Or even if I come and I say, you know, I think I saw red, yeah, but I don't have it, I'm not sure, okay, it's finished, called the parshah merubah? How far do we say called the parshah merubah? Every safek red is ...? I don't know. Even if she thinks it's red? From the Shevet HaLevi? From who? Did you hear what I'm doing? Yes.

Did you eat breakfast this morning? Are you okay? What are you talking about? This is, hein katav Davnei Shayim. He's talking about something else. So what? That's exactly what I want. Kazeh ra'iti. That's exactly what I want. I have pages. I have pages of shiur that I want to give you. I have pages. I want eleven, twelve. I want to give you. I have so much to talk about, and so negea l'maaseh. It happens every day, maaseh b'chol yom, and you won't find it in these books, maaseh b'chol yom. I have a safek. Do you mean b'shaas vest? You mean b'shaas taharah? What is the story? I don't know. Don't say to me, because ... what's the case? Why don't the poskim talk? I don't know. I want to know what the story is. Are you talking about on the yom vest? Are you talking about b'yom taharah? Are you talking about b'shivah nekiyim? Let's say she makes a bedikah shivah nekiyim. I lost it. I don't know. It's a tremendous shailah. How come no one talks about it? He speaks about it. Who? He speaks about when? He says if it's shelo b'shaas vestah, you could be matir, snif l'hakel. He uses it as a snif l'hakel. I don't see touches on it. I don't know. All these psak, Reb Elyashiv's psak, Rav Bakshi's—does he mean even during the shivah nekiyim? I don't know. You have to ask the lady when. I don't think it's by shivah nekiyim, because—so write him a letter and ask him. I have to ask him? Maybe you have to ask him. I have to ask? Maybe you have to ask him. Where does it say I have to do it? I'm busy traveling back and forth to Lake. I don't have time. You rest. I'm busy spending my days on the road. I became a traveling maggid, the traveling maggid. I'm traveling with the Rosh Yeshiva. I travel. Okay, the kitza, yes, listen carefully. You listening? I don't know. I'm not sure what the story is. Is it b'shaas ves? Is it b'shaas ta? I have a chashash it can't be a chashash shelo nikiyim, because what you need to be bodek, if you're naki and you make a bedikah, you don't know what it is. How can you be? You say, I'm naki because I don't know what, I lost it. Can I come and say I lost it? A person has to go on a test, you know? You have a test, okay, I lost the test. Okay, so you have to give me a hundred because I lost the test. You know that I failed? You don't know that I failed. Since you're a good student. I'm asking you, could you imagine a person, I lost it? He's an A student, he must have got a hundred. Probably. Usually I get an A, so therefore give me an A. Bishloimah where you didn't have to take the test, I could come and say, probably if you would have taken the test, you know the story with the knaidel, you know the story? Had I had a brother, he would have liked the matzah balls, you know the story? Nice, it's the most famous story. They told a guy by a shidduch, but he has to talk. He didn't know how to read, he didn't know how to converse. So he went to get lessons on how to talk. So they told him that he has to talk about three things. He has to talk about philosophy, he has to talk about family, and he has to talk about ahavah, love, you know. But he comes to the thing, he's an idiot, so he looks at the thing and he goes, he asks, Do you have a brother? So she goes, No. Okay, he just talked about family, right? She doesn't have a brother, but he talked about family. You never heard this? This is one of the most famous Jewish jokes. Most famous Jewish joke. Family, because that's the three yesodos of Judaism. Okay. Tells him, okay, what about the philosophy? Not, sorry, food. Tells him, he sees they serve matzah balls in the soup. He says, Do you like matzah balls? He goes, No, I don't know. I do like, don't like. Now he has to talk about what? Philosophy. Had you had a brother, would have he liked matzah balls? That was his philosophy. That was a yotzei philosophy. Same thing over here too. Had I had a bedikah, I would have been a... But when you're mechuyav to be bodek, you can't come and use a philosophical what would have been, right? I don't know. I'm stuck on the whole thing. Okay, now, I have another shaylah. Could you come and say a safek d'rabbanan, where it's not really a safek-safek because you lost it? Every safek d'rabbanan, you know what I'll do? I'll just hide it. Now it's a safek. Now you see it, now you don't, okay? It's a safek. You know. It's not a safek badatz. He's reading too much over there. What are you reading there? He talks about this shaylah.

Okay, so good, you'll do it later. So then I'm in the right, I'm going down the right path. I say good. Let me tell you, today she has this class. You're not gonna hear this. This is beautiful. I have a shaila. How could you come and say, safek d'rabbanan l'kula, chochma? I don't want you talking about. What kind of a safek d'rabbanan l'kula could it be if you hit it? You lost it. Safek d'rabbanan is you don't know what it is. You don't know. You have a safek, is it red or green, so you have a safek. But if it's not here, that's called a safek. That's to you called a safek. What kind of safek is that? As a matter of fact, as a matter of fact, as a matter of fact, I want to tell you that the poiskim today, especially Rebru, you lose a bedikah, you're tamei. They cancel. They put a knas on you. I don't know, this by Rebru, you lose a bedikah, tell Tev a nice name. Tell her start over again, never do it again. What would Rebbe pasken? What would I— listen, if she was responsible for it, yeah. If she's not responsible, let's say, as the dog ate the homework. Let's say she has a dog at home, ate the bedikah, it's not her fault. Something, I don't know. You know, if it's not really her fault, it's expressions, expressioning. Means it's something which is achvei, an ones, ones gamur. But I want to tell you something else. I want to tell you something else. I want to tell you something else. What happens if the rav lost it? What talk about? So can we go further? I'm only holding by page two. This is all information talui on the first thing, learn the Shulchan Aruch. I'm not finished. I have a lot more to learn here in the Shulchan Aruch. Let's get the yesodos, okay? So let's go further, okay? I can't. I'm not here, I'm not here. Let's do a little bit more, just a little bit more. Five more minutes, okay? You can handle, you can handle. Don't worry, you'll handle. In the army, you handle a lot more. There's an army, so you know. In the army, you can come and say I'm tired? Okay, not now. You're in the elite. This is the elite. This is the elite over here, okay? Okay. You bring it to the rav and it got lost. Now let's discuss it. There's a marah there, it's a certain color, blue, white. What are you showing? You're showing blue and white, but yarok is green. That's your green. Okay, now you bring it to the rav and the rav lost. So now it's תלוי in this shaila. If you hold rov maris, so there's nothing about to talk about. But if you learn that the kezera אי סיוא, vad the story of what? That there's no safek, בלו יצוייר you're kovea the safek. What's the nekudah in Shulchan Aruch? You know what the nekudah is? If she comes and the thing is here and she said that it's dam lifaneinu, right? So the poskim, you saw the Shach and the Taz, they learn because the safek is already nis'orer, we see something to be. So where she was nis'orer the safek, she's not ne'eman to say kezera אי סי. That's what it's mashma from the Shach and the Taz. So here she brings it to the Rav, and she never said, becausearei ... l'chatchila. So could the Rav come and use the sevara, rov? Once there's a safek, I don't know if he could just come and say rov. So the poskim come and say that if a rav loses a bedikah, right, if a rav loses a bedikah, then the halacha is that it's aser. If a rav loses a bedikah, he has to come and say, listen, I don't know what he's going to tell him. He's going to say, What, I lost a bedikah? I don't know, he's going to be out of business. What? He'll say, It's... I don't know. You have to know. You have to know if a rav... I'll tell you the truth. I'll tell you the honest truth. The biggest fear I have when I take a bedikah is this. What I usually do is I button my button. I have a button in the back. If you notice, I take it and I put it in my back pocket. I button it. It's my biggest fear, because to me, if you lose a bedikah, I don't know, you should be fired. I don't know. It's a tremendous achrayus. It's like a doctor lost the thing. I don't know. To me, it's frightening. I fear it like you have no idea. I close my button. I don't know if you saw, I put it in my back pocket and I close the button. I'm frightened from it. And as soon as I...

I walk into my house, which I'm not good at, because I lose my keys wherever I go. I come into the house, I put it in the drawer right away. I don't want to lose anything. Okay, now. Hey, but what's the reason that it has to be tami, though? Because there was already nisaref something. So Reb Elsky told me — once, after Reb Elsky — Reb Elsky told me about, I asked him, Klor, and he said it depends why the rav put it away. If the rav put it away because it was takkeh nisaref by him, so then it's nisaref, and it's like the second din in the Shulchan Aruch. But if the pshat is he put it away just to double check the lighting is not good, he's in a rush, so then he stam lost it. Stam lost it, so then you have a din of — so rov is kosher. That's what Reb Elsky told me. So then why is Rav scared? Why am I scared? What is that? Now, but if rov is kosher, double check. No, you see, when you bring a rav a thing, because many things that go through his mind. The first thing that go through his mind is, I'm not 100% sure, I want to look at it again. Once that happens, says Reb Elsky, so you might have a safek, and it's safek d'oraisa, and don't forget it's a bedikah. It's not even a kesem, it's a bedikah. Oh, it's safek d'oraisa. The only thing is you can use the heter rov, which is a chiddush. But if the pshat is that he wasn't noyel a safek — who? But the rav? No, Reb Elsky. Maybe. That's what happened. I went to ask Reb Elsky. I went to ask, you should know, like, this was one of the things years ago, I asked him, like, when I heard it, I go... Right on the spot, the clarity. I don't know, I was a strict clerk. That's what got me hooked. Like, one of these, like this and a few other things got me hooked. Like, you know, the mentor, in one second, he, like, he hits the right chord, you know, and he's a genius who hits the right chord. Okay, whatever. Now, what's more common, what's more common is probably losing an eid habedikah. But it could happen by a kesem also. How do you lose a kesem? Now it's interesting, because usually the kesamim is on clothes. So what exactly? So it's not lost; it goes into the washing machine. I had this story. The maid went and she took all the underwears, she put it in the washing machine. Baruch Hashem, it was after it was mutar. Had a bag full of underwear. She went and she washed—she washed everyone's clothing together in my family. All right. I sent it back to the people. I said, By the way, you owe me money now for the dry cleaning, for the service. Okay, now. What happens if an isha is moleid a safek, but you know that the woman is a nervous wreck. Right here, everything is a safek. She sees a spot on the wall and she thinks it's a mareh. That's it. Something is a sign from heaven that she's in nidah. So Rav Roth told me, and I saw this many times. It's not called a safek. Like, for example, a lady came to me, she brought him sheets, and she brought him chickens for broken bones. He didn't even look. It's mutar, it's kosher. I told him, why didn't you look? He says, This lady doesn't have sfeikos. I know her. Her sfeikos aren't really sfeikos. No, I need to say what he was saying, a vort, that the only reason to pasken—now that's what I'm trying to tell you—the only reason to pasken you have a safek. There's such a thing called there's not even a safek. It could be said if two plus two is five, so you could talk about whether two plus two is... Okay. What? No, he didn't even look. I was sitting there. She brought him sheets and chickens. He didn't even look. Kasher, kasher. I was there. He told—kasher. Yeah, you never know. She's saying that he sees, doesn't have to—he sees ruach hakodesh. So I asked him afterwards, I said—he says, I know the woman. The woman is a nervous person, and she comes and everything she asks me is never a problem. Which means to say, if there would be a problem, she would throw it out already. It's on the things which are 100% kosher, she's נותנת a kup. So it's not even a shaylah enough to pasken. Okay, now, so you have to know.

If a woman comes and says, ‘Kazeh avadati,’ if she’s a nervous person, then it doesn’t mean anything. She lost a bedikah. You have to know what type person. I can tell you right now that a lot of times people bring me the bedikah, I know the people, and I ask right away, she’s a frumah. I see from the questions, and I chap, so you can be meikel. Probably not, stam throwing a cup, and rov bedikos are anyway kosher, so that’s it. Okay. Now, in the second case, we make a whole shtikel ta’arah that she’s not ne’eman. What’s wrong with her being ne’eman, and the thing is in front of me, so rei pasken? The second case here: v’im... aval im mevi’ah lefaneinu dam, meichzi kinu b’tamei, v’afilu stam pasknim hu tamei, tari v’hi omeres chacham פלוני התיר לי, who cares? It’s right in front of you, so pasken. Pasken what? What do you want to pasken? She’s bringing you dam, so he’s saying it’s aser. You know the lashon, v’sikunu b’tamei. Okay, so he’s saying it’s dam. But what’s the reason? Ein somchin aleha. Forget about ein somchin aleha. Again, someone brings you blood, you’re looking at it, you go, ‘Yeah, but the chacham was matir to me.’ I’m not trusting. Who cares? I trust you. It’s dam, I see it. Yeah, but maybe there’s no... Oh, can I say that? Is it mutar for me to say what it says here? Okay, now, lichoira, we have to discuss this halacha. If one rav paskens, are you allowed to be cholek? So it all ties in. I’m just—six, there’s twelve. There’s twelve pages to this shiur, okay? So you had enough already. I don’t have enough. Can we do the Rama? What? I see his face. Okay, we have to do this Rama. There’s a very famous she’eilah when you can be cholek, and that’s negea what we spoke about, she’eilos kabbalah. Okay, we’ll talk about it. Should we—maybe we want to mamshich after Mincha? I can’t. No? Not three, because whatever, three is tight. I get stuck in traffic. It’s two, three hours of travel. Okay. How did Rabbi come today? I’ll finish it. We’ll finish it. You know, maybe Sunday after the— you know what? Sunday after the Chumash shiur we’ll finish it, okay? On Sunday, right? No, because I don’t have the koach. The problem is after 2, 2 and a half hours, after traveling two hours, I’m not... I’ll try. This time I’ll do it. I’ll make it my business to do it, okay? Maybe. How was the ride this morning?