Shabbos 74a: Borer Ochel from Pesoles, Selecting by Hand, and Derech Achilah

Transcript

Ela amar Rav Hamnuna. The fourth shita: Reb Ula, Rav Chisda, Rav Yosef, Rav Hamnuna. Next little bit. Ela amar Rav Hamnuna. You have it? Yeah. Ela amar Rav Hamnuna. Rav Hamnuna says, Borer v'ochel. What does that mean? Ochel mitoch psoles. The braisa says, Borer v'ochel. The braisa means what? Ochel mitoch psoles. That's what it means. Borer v'maniach. It says borer v'maniach in the braisa. What does that mean? Ochel mitoch psoles. Again, ochel mitoch psoles. What happens if it's psoles mitoch ochel? On that the braisa says, Lo yivror, v'im birer chayav chatas. Meaning, ochel mitoch psoles mutar. It's an expression. That's part of how you learn the braisa. The braisa says, Borer v'ochel, borer v'maniach, v'im birer chayav chatas. That's what it means. Ochel mitoch psoles mutar, borer v'maniach ochel mitoch psoles, if it's psoles mitoch ochel, chayav chatas. Comes along Rashi, and Rashi explains why. Why is it that ochel mitoch psoles is mutar? You have it? Says Rashi. Rashi says, Ochel mitoch ha-psoles, loi derech berirah. Underline this Rashi. Very, very, very key Rashi. Very well said. Ki lashhem hamilchah. Now listen carefully. What is it? Lav derech breirah. Ochel mitoch pesoles. You have it? You have the Rashi? It's not called derech breirah. Not called derech breirah. Comes along Tosfos, and he explains like this: Borer v'ochel, ochel mitoch pesoles. Mashma, the ochel mitoch pesoles, ein derech breirah b'kach. Sounds familiar? Same as Rashi. V'kasha. But I have a problem with it, says Tosfos. What's my problem? Reish perek Tolin, l'kaman kuf lamed ches. You know why he says l'kaman kuf lamed ches? Because if he'd say reish perek Tolin, everybody would say, I don't know where it is, bekius, I don't know where it is. Right? So therefore he tells you where it is. Like this you shouldn't bother the rebbe with bekius. Perek Tolin, l'kaman kuf lamed ches. Amrinan, ma darko shel borer? Borer ochel mitoch pesoles. What is darko shel borer? It says, borer ochel mitoch pesoles. So you see clearly that there's a derech of breirah of ochel mitoch pesoles also. It's also darko. How could you come and say, Rashi, that the heter of ochel mitoch pesoles is she'ein derech breirah b'kach, if the Gemara says clearly, the Gemara says clearly, ma darko shel borer? Ochel from pesoles. So what does Rashi mean? No, no, but that before Tosfos. Rashi means, normal breirah is pesoles מתוך אוכל. It's not called breirah. It's not a ma'aseh breirah. Oh, if I take food from pesoles, that's not called breirah. Not called breirah. And we see Tosfos brings a Gemara that says it is, it is. He says, V'yesh lomar b'hacha, b'psailos merubah me'ochel. Over here it's talking about where there's so much pesoles, so much more than ochel. So which is easier, to take away the ochel or take away the pesoles? The ochel. Ochel. So much pesoles, easier to take away the ochel. So pesoles, says Tosafos, so therefore becomes derech breirah to take the ochel. Where is it derech breirah to take the pesoles when the pesoles is less? Where is it derech breirah to take the ochel, like the Gemara says in Perek Tolin? That's where it's what? Merubah, where it's more. D'hasam, hu meshaber airi, because over there we're talking about a case where he's meshaber. You know what meshaber means? You separate the shemarim, the shemarim from the food, right? The water and the shemarim. So in that case, which is easier? If it's easier to take the ochel from the pesoles, then it becomes derech breirah to do what? The water. Exactly, they haven't flowed. So now it's more pesoles than— Oh, we're not talking—this sheetah has nothing to do with lavda. Ochel from pesoles, pesoles from ochel. The chiddush is even ochel from pesoles when it's merubah. The kashya, the Rashba has a kashya.

Ya, sure. Lav perek kashru. Tani perek kam debeitza: ha'boirer kitniyos biyad, v'shar boirer ochel l'ochel, patur; u'boirer kedei. If someone's meבורר קטניות, what does the Gemara say on Yontif? Machlokes Beis Shamai, Beis Hillel. V'amar the Gemara, the Gemara says, Bameh devarim amurim? When is this talking about? K'she'ochel meruba al hapsoles. When the food is much more than the פסולת. Aval psoles merubah al ha'ochel, divrei hakol notlin es ha'ochel v'niach es ha'psoles. So it's a contradiction. I thought you told me it's דאורייתא, with the פסולת מרובה, to take the ochel becomes the ברירה, and how can the Gemara say divrei hakol, that even Beis Shamai and Beis Hillel? Ha'maida, that what do you do? You take the ochel when the פסולת מרובה. Stirah before Rashi. So why should Rav be aser then? If it's דאורייתא, then it should be aser, the opposite, no? How can the Gemara matir to take the ochel on Yontif if, and the Gemara says, what is it talking about when the פסולת מרובה? It's a סתירה. So what is the answer? Mi psoles merubah l'ochel, and if the פסולת merubah l'ochel, ha'ochel tefel l'psoles, heichi shari l'Beis Shamai? Ko'inis l'varer kedarko v'tzarich hu. Says the Rashba, I have no answer for this question. What's the question? That the Gemara says clearly that according to the Beis Shamai, Beis Hillel, the machlokes Beis Shamai, Beis Hillel, is said what? Meaning even Beis Shamai, even Beis Shamai, where it's going to be פסולת מרובה, is going to hold that בורר אוכל. That's even Beis Shamai holds בורר פסולת. It's going to say you should be boirer the oichel instead of the boirer the pesoles. We just said, we just said boirer oichel. Okay, obviously boirer is asar on Shabbos. The Rashba held it's the same boirer. The Rashba held it's the same boirer. So what's the stirah here? How could you, Tosafos say that when the Gemara says oichel with the pesoles says boirer, how could you say that it's boirer? Because the pesoles merubah, the Gemara in Beitzah says clearly, hadyot, where the pesoles is merubah, he should take — how kol maidu, everybody agrees, what do you do? You take the oichel. Shabbos and Yom Tov is not the same. We don't know that yet. Simply the Rashba takes on that it is. From this Tosafos you see that the Rashba takes on that it's the same halacha of boirer. Meaning Shabbos is, we say, same boirer, and by Yom Tov is more or less, right? We go by rov. Right, that's what it seems from the Gemara. That's from the Gemara's mashma. Yeah, but that's the question. If it's the same thing, how could we switch between this boirer and that boirer, right? That's the question. Comes along the Ramban. On the smamish this Tosafos here, the Ramban says, Tosafos, pesoles merubah, you take the oichel, it's called boirer. Ah, nonsense. The emes is, even where it's pesoles merubah, oichel mitoch pesoles is mutar. Let me tell you, let's read what he says. Take out the Ramban. ... Tosafos gives a teretz: pesoles is merubah al oichel. Then it becomes derech boirer, livror oichel anich pesoles. If psoles merubah al oichel, then it's the opposite. Derech libror ha-psoles. What's that Tosfos, right? That when psoles merubah, what's the derech? To take the... and therefore it becomes borer. V'lo mistabra, says the Rabbanan, it's not true. It becomes borer to take the oichel. Ah, that's the beginning of the Tosfos. The beginning of Tosfos? It does, because in the end Tosfos... that's a kasha, but the Tosfos says... V'lo mistabra. It says Tosfos, says the Rabbanan, it's not right. It's not true. Tosfos' chiddush, that if psoles merubah... the what? You take the oichel, it becomes borer? Not true. Not true. V'lo mistabra. V'gabei Shabbos, l'olam asur leverer psoles, v'lo derech oichel. Shabbos is always psoles from oichel. It's never oichel from psoles. No? Yeah. Af al gav d'ta'ayei derech borer nidon. Even though the lashon of the Gemara is mashma that oichel mitoch psoles is what? Meaning what? The Rabbanan are saying, I don't disagree with Tosfos' raya. You see what he's doing? I agree with you. I agree with your raya that the Gemara calls it borer, but it's a borer that's mutar. Just because the Gemara called it borer, it doesn't mean that it's aser. It's borer that's mutar.

Derech ... did who? B'Shabbos, b'heteru tarchinan, b'isura loi tarchinan. Here. V'ad Torah b'isura u'mi'rabsius, hava lei k'boirer l'otzar, sheharei einoi tolechol ma shebirer lefi kocho. Listen carefully. Let's throw words. Here. V'af al gav d'avai derabbanan, b'Shabbos, b'heteru tarchinan, b'isura loi. For heter, dika things, you're allowed to do melachah. Meaning, I'm allowed to eat on Shabbos. So even though there's a tircha, meaning what? Boirer, even though there's a melachah involved, even though there's a melachah involved, what? Boirer. Write this down. It's beautiful from Ramban, I'll tell you. We're learning up the Ramban beautifully, beautiful, I'll tell you. Yeah? Meaning what? I'm asking to you, Tosfos. I'm asking to you, Tosfos. Boirer, the Gemara calls it boirer. Don't come and say it's not boirer. It is boirer. But it's boirer that's mutar. Why? Because boirer is a melachah, but it's mutar to do melachah l'heter. What are we talking? Take out the food from the salad? Take out the food from the salad. That's right. Who says? I didn't tell you it's not boirer. I tell you it's not a melachah. But it's a melachah muteres, b'heteru tarchinan. You're allowed to do. That's not true. The Gemara is to select. Oh, so Meili says that's what he's trying to say. U'man d'tarach b'isura, but if you do for an issur, which is what? Boirer l'otzar, not boirer l'ochel, because ochel is mutar, sheharei einoi tolechol ma shebirer, because he doesn't have an ... A full of pikuach chayiv. Exactly. Rabosai, this is where you first are introduced to the yesod of derech hachaim. What do you say? Rashi and Tosafos are learning it's not derech boirer. It's not boirer. Rabban is learning it is boirer, and it's still mutar because it's a heker called derech hachaim. This boirer is boirer muteres. So if someone's going to ask you, as you're a lamdan, someone's going to ask you, write this down: is boirer mutar on Shabbos? Machloikes. The answer is there's a machloikes. Rashi, Tosafos, are— Rashi's going to learn boirer is aser. Rashi's going to learn boirer is aser. Notice that ever since we started to learn, my throat doesn't hurt me, and I'm able to talk. Ani shocheach olam hazeh. I just— I'm telling you, two seconds, I feel like... No, I don't know. I don't feel it. I don't understand where I just— it goes. I said a shiur for an hour and a half yesterday. I don't even know how I did it. It says it's not boirer at all, right? Tosafos said— Rabban says it is boirer. I don't— I don't understand. I don't— Let me tell you something. You want the difference, what the facts are? It works. I understand, but I'm going to come to the doctor. Explain to me why an antibiotic works. What's the difference? Take it, it works. No. Absolutely not. That boir is taka boir. Even oichel from pesoles is boir. It's boir avutares, because boir which is mutar. Now I'm going to show you Tosafos and the Ramban, the exact opposite, in Reb Yosi. Let's take a look in the Gemara. You hear? Rashi, Rashi, Tosafos learned oichel from pesoles is a derech breirah. Ramban learns, what is it? Derech achilah. I'm going to show you where they apply the same sevaros in the hafuch, where the Ramban uses Rashi's Tosafos sevara, and where Tosafos uses the Ramban's sevara. If everybody please takes a look. El amar Rav Chisda: boirer v'ochel, pachos mikeshiur. You're allowed to be boirer v'ochel pachos mikeshiur. You have it? Yeah. Pachos mikeshiur. Boirer min hayach, again, also pachos mikeshiur. Uk'shiur lo yivror, because pachos mutar but shiur is asur. Chibur chayav chatos, right?

Let's see Rashi. Is there a Rashi on pachos mikeshirah, right? No Rashi. Comes along Tosfos. There's Rashi? There's Rashi. Pachos mikeshirah, so Rashi says which shiur. Okay, fine. Now, comes along Tosfos, v'chimuter lefois pachos mikeshirah, meaning on the Gemara's kasha now. In fact, the Gemara, ella Reb Yosef—I'm sorry, ella, you have it maskil Reb Yosef. So ella Reb Yosef, v'chimuter lefois pachos mikeshirah? Yeah? What's the kasha? Pachos mikeshirah gam ken asur. Chatzi shiur asrah Torah. Comes Tosfos, and he says like this: V'ha mitaretz. So what's the teretz to the kasha? Meaning Rav Chisda. Rav Chisda—Rav Yosef has a kasha on him: v'chimuter lefois pachos mikeshirah, pachos mikeshirah asur. So what did Rav Chisda hold? Read. Pachos mikeshirah... It's derech achilah. It's not... Write it down, write it down. I'm telling you. This is Taira Sinai, listen. This is not South Street to Sinai, but oil simcha to Sinai. You see that Tosfos learns the same svara that the Ramban learns in Rav Hamnuna, Tosfos wants to learn it where? In Rav Yosef. Why is pachos mikeshirah mutar? Derech achilah is not borer. I'm showing you that. With the Rabban says that derech achilah takes away the problem of borer. Tosafos says that same svara. That's right, because derech achilah takes away the problem, right? That's the Rabban. Says Tosafos the same svara. And we said Tosafos says it's not derech berirah. So I'm showing you that what? That Tosafos uses that same excuse, so to speak, of what the Rabban uses where? Eruv Avnuna. And then I'm going to show you how the Rabban uses in Rav Chisda the same excuse that Tosafos uses Rav Avnuna, that's not derech berirah. How? The Rabban says what's the heter? Because it's derech achilah. And it's still mutar. Why? Because there's a heter called derech... I'm showing you that Rav Chisda, in Rav Chisda, Tosafos says that svara. And even though it's borer, and even though chatzi shiur is asur, it's called derech achilah. Do you remember I spoke this out, that what about mekaneach v'tamchui? Machlokes the Ritva and Rachzanish, that the Ritva learns that even with a kli it'll be mutar, because either it's not borer. It's not breirah, that even—you see, I was calling zeh b'zeh. Mashenkein the Chazon Ish held it is breirah, but there's a special heter, derech achilah. And derech achilah is no heter of what? Remember we said this? This is this Tosafos. This is where it comes from, right? That Tosafos learns that pachos mi'kishiur is not called derech achilah; it is called derech achilah, right? Pachos mi'kishiur aval derech achilah. So if it would be derech achilah, what would follow from this? That even what? That only shelo b'kli. But if it would be b'kli—if you do—then it would be asur. It should be asur. The Chazon Ish, remember how I explained to you the Chazon Ish? Mashenkein the Ritva learns it's just not borer, and I'm going to show you that that's what the Ramban says. The Ramban says pachos mi'kishiur is just not borer. Everybody, please take a look in the Ramban. You have it? Where's the Ramban here? Yeah. The Tosafos learns that if it's not—if it's pachos mi'kishiur, then it's having derech achilah? Correct. Even if it's borer? No, so that's the whole point. Even though there's an issur of borer here, still a heter called derech achilah. And that's where the Chazon Ish will come and say, therefore...

Clearly would be aser. Why? Because it's not called derech achilah anymore. You don't eat with a daf of a kibra; you eat with your hand. No, you could also answer the Ritva. That's not contradictory. No, the Ritva is the opposite, because the Ritva learns it's just not borer at all. It's just not borer. Who cares if you did it b'kli? Now, what does the Ramban say? Here, everybody take a look at the Ramban. Cool? What is—what is Reb Chizda going to answer? That what? That it's not called borer. Why? I'm sorry, why is it mutar, pachos mikishur? She'ein derech bererah pachos mikishur. He'll say that. What does he say? She'ein derech bererah b'kach, which is the Tosafos and the Rashi of Rav Huna. See what I'm showing you? Here it says achilah. Here it says in Rav Chizda, pachos mikishur. What does Tosafos learn? Pachos mikishur. Why would you be allowed to do, Rav Chizda? Why would Rav Chizda allow you to do? And the answer is—say, she'ein derech—I'm sorry, she'ein derech, that's called derech achilah. It's very simple. Rav Chizda holds that pachos mikishur is mutar; yoser mikishur is asur. Rav Hamnuna learns ochel from pesoles is mutar, and pesoles from ochel is asur. Comes along Rashi and Tosafos in Rav Hamnuna in ochel from pesoles, and they explain. Why oichl b'seles butter? Because it's not called derech breirah. While the Rabban learns that's because it's derech hachilah, but it's derech hachilah. What's the nafka mina? The nafka mina is even where it's b'seles v'maichel, meaning the p'soles is merubah. Still, I'm taking the oichel itself, which is derech breirah, it's still mutar, because what? There's a heter called derech achilah. I'm showing you that the exact opposite is what each one says in Rav Chisda. Tosafos says, what's pshat in Rav Chisda? How can it be pachos mig'shiur, i pachos mig'shiur is aser, because it's derech hachilah, which is what? What Tosafos, which was what the Rabban said by Rav Hamnuna. And the Rabban would say it's not derech... The Rabban by Rav Chisda is saying what Tosafos says by Rav Hamnuna. It's not derech breirah. You're not borer less than a shiur. It's so beautiful. That's true. I'm showing you. Huh? That's what Chisda... Ma she'ein kein Tosafos says it's derech hachilah, which is, they're... I mean, obviously one is going from different kivunim. Why? So I'll tell you what I hold the pashut pshat is. How do you learn the question of the Gemara, v'chimutar lefois pachos mikeshiur? Does it make sense that the Gemara's kasha was chatzi shiur asur min haTorah? No. Why not? If that's the question of the Gemara, you know what the problem is? What's the problem? There's no teretz to that, because chatzi shiur is also min haTorah. So then what was the Gemara's kasha of v'chimutter lefois? Is it derech achilah? That's the question. So in the question, each one's shita changed. Rabbanan learns what's the heter? The heter was derech, not derech breirah. Tosafos learns derech achilah. So when the Gemara says v'chimutter lefois, it's a direct question on these two yesodos. But meila, what happens? It turned over. The Rabbanan turns away and says, from now on the heter has to be... and the Tosafos has to learn the heter is... because the Gemara's kasha couldn't have been what, chatzi shiur asur min haTorah, because that's not a teretz, and that's what Tosafos means. You see? The question is, if you're going to come and tell me derech or not derech, v'chimutter lefois, who bakes more, less than a shiur also? Meaning, there's no heter called...

What? Your heter of derech and not derech. Rabban, your heter of derech and not derech is not a true heter, because you see by oifen it doesn't work. Right, it's not an issur chatzi shiur, not chatzi shiur. It's a question on your yesod. Tosafos' yesod is derech achilah, and chibutur less. So how do you do by oifen? Derech achilah should be mutar then. If there's a special heter of derech achilah, melachos mutar for derech achilah, then it should be mutar. You see? Because of the Gemara's kasha, that's why each one changed its shita. That's why each one turned to the other one. Ze nefach b'sheila shel haGemara, because there's no teretz to the question. You understand? And that's the cheshbon in Tosafos. That's what Tosafos means, u'ma savar Rav Chisda. According to the... have to be a question. They switch, each one switches from the other. This will learn A and this will learn B. So after the question, A, this one says A is wrong and this one says B is wrong. So this one turns around and says, so from now on we'll learn B, and from now on he'll learn A. Yes, according to one there should be still the question, because they just changed the names, but one holds something. According to the one that says... Yes, so what's the teretz to that? The teretz is very pashut. You understand? Yeah, I understand. So the teretz is very pashut. Each one holds that by afiyah the heter doesn't apply. The kasha had to be a kasha. Again, so why couldn't they answer this minority? But you see, because in the teretz, because you see from Reb Yosef that they didn't do that. I'm just telling you where the Rishonim got what they said. That's the pshat. By the way, yashar. That's, that would be a teretz, afiyashani. But from the Gemara's kasha, obviously— Yes, and I explained to you, and you'll work on it tonight. You got it? That when the Gemara's Rabbi Yosef comes and asks the kasha, automatically we have to fall away from what they learned from Rav Chisda, because that's the kasha of Rabbi Yosef. The kasha of Rabbi Yosef was not chatzi shiur asur min haTorah. That's not what it was. It's directly on your yesod. You say derech achilah, and you say derech breirah, so I'm telling you there's no such thing as derech breirah, and I'm telling you there's no such thing as derech achilah. So then what's the next shittah that's matir? The heter has to be according to him the opposite, according to him the opposite. He's taking from me? It has to be, because that's the Gemara's kasha according to each one. But then again, it doesn't answer my question. Yes, it does, if you think about it. Let's move on one more step. What happens if a person here is boirer l'alter? Boirer l'alter. Then actually, boirer l'alter. Take a look at Rashi. Boirer u'maniach l'alter. So again, Rashi says what? Le'ochel l'alter, she'ein ze derech borer. Not derech borer. It's only l'... Again, Rashi l'shitaso. I understand, but it's like Rashi in the second. It's like Rashi. Ever since we chozer from the svara of derech achilah, Rashi's not going to use derech achilah anymore. One more minute. Rashi's not going to use derech achilah anymore. What does Rashi use? Okay. So if you take a look, the Ran brings down from the Rashba that hu hadin l'tochen l'bo bayom. And the Ramo brings this down lahalacha. The Ramo, siman shin chaf alef, se'if bet. Go ahead, open it up. Shin chaf alef, se'if bet. This Rashba is brought down in the Ramo. Take the Ramo. Let's make a fist. The Ramo. Ramo. Yeah, the Ramo. Because you have to work on it. You have it? You have it? It's good? Very interesting. Now listen carefully. Let me tell you something. This is emes. I'm learning with you a Gemara. Go ahead, move. Siman chaf alef, se'if bet. Loimari, ela b'choitek u'meniach, aval im lechlo miyad hakol shari. Mida d'hava borer le'echol miyad, d'shari, teshuvas haRashba v'Rav perek klal gadol. Kemo she'borer mutar l'alter, according to this shita, tochen, not tochen with the grinding machine, but tochen miyad will be mutar.

Alter, what? Miya. Alter, just like? Borer. Why? Because it's slow. Why? Comes along the Shiltei Giborim, and the Shiltei Giborim says, What? Mashah borer l'toichen. Borer, there's heterim. Alter, borer is mutar l'alter. Toichen is not mutar l'alter. What's the nafka? What could there be here, not? Tochen l'alter. Same way borer l'alter, but tochen l'alter? And the Rambam, we just said it. The Rashba. It's a shitas haRashba. It's a teshuvas haRashba, chelek hei, chelek daled, siman ayin hei. It's a Ran. This is the shita. Same what? Same as tochen. Could you please put that away, please? Please. It's long. The Shiltei Giborim, and he says, What do you mean? Toichen is toichen. Borer is borer. Toichen is toichen. And, you started the machlokes. Yeah, what are we talking about? What's the Rambam discussing? It has to do with this yesod. If you learn that there's a special heter called derech achilah, right? So he's saying, what's the difference between toichen and borer? But if you say it has to do with derech borerim, what does derech borer have to do with toichen? Ma ze shayach borer l'toichen? According to Rashi, it would be asur. According to Rambam, it would be mutar. No, no. If it's al derech achilah, this is derech achilah. If la'alter is the sevara shekach ochlin. What's the difference? Not b'kli; the difference is b'yad. It has to be some shinui. Chelek daled, yeah? Siman ayin hei. The Rashba says it clearly. The Rashba says it clearly in the Shulchan Gemara. What you see inside, ayin hei, here it is. Here it is. He goes through the whole inyan. Kitzi says like this. ... The Alter. He goes through the whole inyan. ... That's why mutar. ... He says it clearly. No, the Rashba. I'm showing you the Rashba himself says this yesod, that one, it's called derech achilah, the meila. Even by tochen she... Alter. It has nothing to do with the... It'll do borer, not borer. It's called mutar, derech achilah. Shiltei Giborim speaks the opposite. One, he's boirer la'altos mutar, because it's not that borerim. Ma ze shayach lelatechen? The answer is, according to the Rashba, it's not. It's not to lutra. Rama, Rama, where's Rama? Where's Rama? Shin chaf aleph, whatever it was. Read it right in. Now, rabosai, you ready? What's the yesod of the machlokes? Now listen carefully what I hope. Listen carefully. Listen carefully. If you learn that the melachah is to take the pesoles, right? If the melachah is to take the pesoles, so if you take the ochel, then bichlal there's no what? What's that called? Eino derech borer, because borer is to take the pesoles. But if you learn borer is to letaken the ochel, so you can have borer what? Even ochel pesoles. What's the difference? That's why there's a special heter according to that tzad called derech achilah. One more time. Excellent. If you learn that the melachah is what? Pesoles from ochel, to take the bad, like we spoke, to clean out the bad. So therefore, what happens when I take ochel from pesoles? Because it's lo derech berirah michlal.

That's the shitah of loy derach breirah. What about the shitah of derech achilah? That's because they're learning like the Yeshuos Yaakov. They're learning like the shitos that learn that the ikar melachah is what? Lafrid oichlin, l'taken oichlin. So what's the difference, oichlin פסולת from oichlin? Teretz is what? It should be aser even what, oichlin pesolos, but we have a special heter called... What does it mean, borer v'ochel b'yad, borer u'meniach b'yad? Lo yivror b'mesarekes chayav chatat, like a rye. The question is, what does the rye mean? Borer v'ochel b'meniach, lo yivror b'mesarekes chayav chatat. Reb Yosef's shitah is like this. Comes along Reb Yosef and he says like this: Ela amar Reb Yosef, borer v'ochel b'yad. He's borer v'ochel with his hand. Borer u'meniach b'yad. So too he's borer u'meniach b'yad. B'kanon u'v'tamchui lo yivror. With a kanon and a tamchui, that's a special kli for borer, lo yivror. V'im birer, patur, because sof sof that's not—it's a kli that could be used, but it's not the kli that is used. Meaning, you could use, you can make borer with this kanon and tamchui, but lemaaseh it's not the main kli for it. So therefore, lo yivror. L'chatchilah, b'mesarekes he's taka patur, aval— but b'nafal, do it, but b'nafal v'kiber lo yivror. B'mesarekes chayav chatat, because that's darko. That's the regular way of doing borer. I want to show you a very interesting diyuk in Rashi. I want to see if you're maskim to the diyuk. No, diyuk means a point in Rashi. Let's see what you think about this point. Rashi says like this: Patur aval asur. What does patur aval asur mean? Shabbos. What? It explains like this: Mutar lechatchila lo havi. Patur means it's not mutar lechatchila. The reason for this is—what's the reason why we don't say it's mutar lechatchila? D'dami li'breirah. It's domeh li'breirah. Now, rabosai, did Rashi come and say that it's breirah, but it's with a shinui? Let's be clear again. Did Rashi come and say, b'kaniya b'tamchui, it's breirah with a twist, it's breirah with a shinui, it's breirah here where it's not darko, or it's not breirah, but it's domeh li'breirah and therefore Chachamim asru? I want to tell you that there's two types of rabbanan. In Hilchos Shabbos, you have a rabbanan where it's the melachah itself, but with a shinui. It's the melachah itself, but it's not k'darko. It's the melachah. It's not mutar, it's asur, but l'maaseh, since it's that melachah, it becomes asur. Slow, slow, so we're not holding there yet. Slow. That's why I'm going to show you what I want. There's two types of derabbanans in Hilchos Shabbos. You have a derabbanan hilchos Shabbos. You have a derabbanan hilchos Shabbos. Where the derabbanan is what? You have the melacha, but what, Rabosai? Good, let me finish off with me. You have the melacha, but the shinui. Why is asur? You like it. You see the diyuk in Rashi? And then you have the opposite, where it's bichlal not the melacha, but it's domeh, it looks like that melacha. So chachamim came and said, listen, let's aser it. Which one of them is this borer, Rabosai? According to Rashi, b'kamei u'b'tamchui. Did Rashi come and say it's borer with a shinui? Or does Rashi say that what? D'domeh li'breirah. Domeh li'breirah is mashma what? It's bichlal not breirah, but it looks like breirah. You like the diyuk in Rashi? Good. Let's follow to the next line, next word. Chayav chatos lo hava. Lemaaseh, why you're not chayav a chatos? D'kilachar yad. Because lemaaseh it's with a shinui. Make up your mind.

Why? Make people ... in the Rashi. You should know, when I saw this Rashi and it hit me, I said, You like it, huh? Let's talk ... Okay, you hear? Listen good. Listen very good. Listen good. There's such a thing called a melacha, right? When I do the melacha, kil'achar yad means I did the melacha, but I did it with a shinui. That's kil'achar yad. You know what l'achar yad means? Backhanded. For example, if I go and I pick up something from a tree, and I did it kil'achar yad, you're gonna tell me I didn't do picking from a tree? Are you gonna come and tell me it's dami l'kotzer? It's kotzer with a shinui. Look at Rashi. Rashi says, Mutar l'chatchila lo hava, d'dami l'breira, because it's domeh l'breira. What do you mean, domeh l'breira? It is breira. And when he explains chayav chatos, what does he say? Why is he chayav chatos? Why is he not chayav chatos? Kil'achar yad. You're not chayav chatos because it's not a real breira; it's only domeh l'breira. He should be chayav anything. Why is he not chayav anything? Because it's not breira. It's only domeh l'breira. Lachem asru itz chachamim. Did you do an act of breira here? The answer is no. Why? Because the act of breira is only what? According to Rabbi Yosi, with ... with ... with the real kli. So if I do it with anything else, it's not. So why is it aser? Because it's domeh. Meaning, Chachamim came and said, listen, looks so much like breirah that we'll make it aser. So then if I turn around and I ask you, so why are you not chayav chatos? And the answer has to be because it's not breirah, right? Don't come and tell me because you did it with a shinui. Tell the Grashi. Well, because it's drabonon, so talk. It's not domeh; it's kil'achar yad, not kil'achar yad. Shinui and not shinui. No, it's telling you that this... Don't say domeh. Say it's breirah but shinui. It's a pel Rashi saying over here. I'll show you the difference in Rabbi Yosi in halacha. It's unbelievable. Yeah, what do you want to say? It's like kil'achar yad. It's like kil'achar yad. You just made up a Rashi. It's very nice, I don't know. Rashi is domeh l'breirah, domeh l'breirah, meaning what, is it breirah? No. So if it's not breirah, then that's why you're not chayav chatos. Kil'achar yad is not actual melacha. It's something... Kil'achar yad means a shinui. I did this with a shinui. You're not saying—you're saying... What's the question? When you start off saying, why is this aser? It's not really aser; it's really mutar, but it's midrabbanan. So there's one thing you could say: the reason why it's aser, because you did it with a shinui. Meaning, technically, if you do it straight, you're chayav. Since you did it with a shinui, it's aser midrabbanan. He doesn't begin that. That's not how Rashi starts off. Rashi starts off it should be mutar. And the reason why it's aser is because it's domeh l'breirah, the dummy l'breirah. So because it's not—it's anyway. So then it's not domeh l'breirah. Then, if it's real breirah, then don't say it's domeh l'breirah. If it's not, klach yad has nothing to do with not being. The melachah is what it is. A klach yad is, I did that melachah with a shinui. Klach yad doesn't mean that it's domeh l'breirah. Klach yad means it is breirah. It's the act of breirah, but I did it with a shinui. What are you chayav for what? For domeh? It's also chayav chatos, also mid'rabbanan. Chayav mid'rabbanan. I'm saying, whatever. Yeah, I understand, but the point is, all I'm doing is I'm taking apart a simple. If someone asks you why you're allowed to do the breirah, this keli, which is not meant for it, domeh klach yad don't go together.

Domeh means that the melachah is not there, but since it looks like it, Chachamim said not to do it, right? Like a gezeirah. Chachamim said, since it looks like borer, we don't want you to do it. See, then you can't turn around and tell me, and the reason why there's no korban is because you did it with a shinui. No, because it's not a melachah. It's mutar. It's not domeh l'borer. It says domeh l'borer. Why should it? What do you mean, domeh l'borer, which means it's not borer? It looks like—what does domeh mean? It looks like borer. You holding you should be chayav chatos because it looks like borer? So that's it? So just say the reason I'm not chayav chatos, huh? Something is domeh l'borer, you should be chayav chatos? All the derabbanans on Shabbos, Chachamim say, listen, it's so much like the melachah, we'll say it's asur. Yeah, but that's why it's asur, not because of the shinui. You want to know something? On a regular de'oraisa, if I do a melachah yad, I'm patur. That's the kashya. If I did a regular de'oraisa, the melachah yad, if I did a regular de'oraisa, the melachah yad, I'm chayav a patur. So don't make it derabbanan and you're patur on a korban because melachah yad. There's no such thing as de'oraisa derabbanan. Once you ... you're patur. Heaven is not our issue. Yeah. Once we say it's derabbanan, then you don't have to say you're patur because of melachah yad. Rashi: mutar lechatchilah, lo. It should be mutar, but it's not. Why not? Because it's domeh li'breirah. Drabonon. Once it's drabonon, that's why you're patur from a korban, because ... Shabbos, you know. And it's patur midrabonon. It's patur; it's only chayav midrabonon. So you don't have to explain why you're patur from a korban. It's drabonon. You're patur. ... it's not aser, because it's not min haTorah, right? Because ... it's mutar. Because it's not de'oraisa, right? So then you don't have to come and say it's because a chatzi klach yad. Ah, slowly, slowly. Hazorin bedimah ... let's go slowly. We have to see them. Now take a look further. The ikar breirah, Rashi, the ikar breirah bnofel bikivra. Ikar breirah. What do you mean by ikar and tafel? What does Rashi mean? Ikar breirah. Ikar breirah, main issur. Ikar breirah, the ikar breirah is bnofel bkivra. Let's say I threw out another explanation to those two words. You ready? Ikar breirah, you know what it means, ikar breirah? The ikar act of borer is bnofel bkivra. Oh, now it makes sense. Slowly, slowly, slowly. He's good. He knows how to learn. What should I do? Soon we'll switch seats, okay? Because I don't think my voice can handle too much more. Now listen carefully. You listening? When Rashi says— Ikar breirah b'nafel v'kivra. Does Rashi mean ikar issur breirah? He's referring to the issur, meaning, you know what the issur breirah is, b'nafel v'kivra? Or he's saying the ikar act of borer. You want to know what the act of borer is? Slowly, slowly. Aval b'yad — look at the next line in Rashi. Aval b'yad, lo dami l'borer klal. But when it comes b'yad, it's not borer at all. Is he referring to issur or is he referring to act? Act. Referring to the act, right? Let me ask you a question. Notice that Rashi didn't only once tell us that b'yad is lo dami l'borer. He tells it to us, oichel mi... What does Rashi say? She'ein ze derech borer. It's not derech borer. Why does Rashi in the first Rashi use the lashon b'yad? It's really not borer at all. And then in the next Rashi, oichel mi..., which is the next shita, and then borer u'maniach la'alter, Rashi says, what? It's not called derech borer. Why does Rashi not say she'ein ze — borer, the same lashon, lo dami l'borer klal? Why does the first Rashi, when he speaks about b'yad, you see, what's the difference?

Let's do the three shitas. The first sheetah is b'yad v'loy b'kli. The second sheetah is oichel from pesoles and not pesoles from oichel. And the third one is l'alter, l'boi bayom, right? The difference in time. So in the first one he says that the yadhu, that's really loy דמי לבורר. It's completely not דומה לבורר. In the next Rashi, he should have said the same thing. You walk, he did oichel mitoch pesoles, loy דמי לבורר כלל. No. The first one is, it's not an act of borer, right? But the second one is an act, but it's not called borer. We could think the hand is... because it's not... The first one has something to do with... but since we're talking about... Just hear the question, and you're right, by the way. It's a very simple thing. The Rishonim have a very nice... yes. Could it be that the first Rashi, you're saying kelev versus hand, and the next two Rashis, they could be done with a hand? Forget about kelev. Correct. We'll see if that's true, but let's say either way, what's the heter? Answer me in three words, what's the heter? Ain ze derech borer. Same thing. So why does Rashi have to switch it, though? B'yad, they have to tell me lo דמי לבורר כלל. Rashi's trying to tell me, why don't we make an gezeirah d'rabbanan like not by cutting apples? You're the man d'amar. The first man d'amar, to address to us three levels, רבי יוסי. Till now we have mutar, aser, mutar, aser, mutar, aser. Rabbi Yosi comes along and says, guess what? There's mutar aser, there's mutar mutar, and there's mutar aser. Yeah, there's three levels. Once there's three levels, meaning what? There's a drabbanan talking also. The Rabbanan talking is dami li'breirah and not dami li'breirah. So I have to say yad is even like dami li'breirah klal. In the two man d'amrim, there's only two steps. Pashut teretz, no? It's a very nice teretz. Why? Because he's going back on the first one. Exactly, exactly. Meaning what? Because you, this is the first— no, no, I'm saying it's very simple. You teretz. This is how I would say simple pshat in Rashi. Rashi, this is the first time this is Rabbi Yosi. Rabbi Yosi is the first one to learn the three levels. Till now we have— boyer, that was like this. Till now we have like this. Boyer v'oichel means what? You're allowed to do it. Boyer u'maniach means you're allowed to do it too. Every shita learns, you know what boyer and oichel and boyer u'maniach, the same exact thing. Yeah. Whatever it is, it's boyer v'oichel and boyer u'maniach, and then the issur is the opposite. Chatzi shiur will be boyer v'oichel, boyer u'maniach. Yoser min hashiur will be what? Asur v'chayav korban. There's no middle. There's no middle. It's mutar, asur, mutar, asur, mutar, asur. There's one man d'amar that breaks it into three levels. It's Rabbi Yosi. Boyer v'oichel is what? is one. Bo'er miniach, okay? Then there's lo yivror v'imbir chayav chatas. That's two separate things. No, he said it's four. Lo yivror, which is koneh and tapchui, and then v'imbir chayav chatas. That's splitting the three levels. It's not mutar, there's mutar mutar, there's asa asa, and there's mutar asa. Hold on a sec, hold on a sec. So the question is, what is that? That's a new chiddush where Rashi comes and says, doimeh l'breirah. Where something is doimeh l'breirah, that will be mutar, but aser. You know, you're not going to be chayav, patur, but aser. Comes along Rashi, and Rashi says, therefore in that context, I want to explain to you yad. He's not explaining to yad, lafukei issur, because then he would use the lashon ein derech borer. He cannot use this lashon still to explain this. He is using—he's using more than that. He's trying to say, even though it's not derech borer, but it's still doimeh l'borer, should be chayav. He aser lechatchila, but doimeh l'borer klal. You understand the Rashi? You understand the Rashi? Is anybody with me? You know what the point is? I'm trying—let me tell you what I want. I want to teach you how to read, that's all. It's very simple, to grind the words. Is there an extra word in Rashi? Is Rashi saying something?

The year, Rashi is saying something. Why do I know Rashi is saying something? So this is why I start like this. Okay, you know what, tzaddik, for you, just for you for a second. You ever have any experience in Gemara? You ever learned Gemara before? Huh? Which yeshiva is he from? Oh, you're from South Shore. Okay, so listen carefully. The Gemara takes apart a braisa, all right? Which braisa is the Gemara taking apart? Borer v'ochel. You're allowed to do borer to eat. Borer u'meniach. You're allowed to do borer to leave it. Then the Gemara says, lo yivror. A person should not do borer, and if he does do borer, he's chayav chatos, which is a tongue twister, so to speak. What does it mean? Don't do, do, and if you did, you're chayav chatos. So there are different opinions in the Gemara what that refers to. So the first opinion in the Gemara is, the first opinion in the Gemara is, first—no, the Gemara says, ula. Ula's pshat is borer v'ochel for today and not for tomorrow, okay? For today you're allowed, for tomorrow you're not allowed. Borer u'meniach, as long as it's for today. But if it's for tomorrow, lo yivror, and if you did it, you're chayav chatos, okay? So there's black and white, today and tomorrow. The difference is today and tomorrow. Reb Chisda comes along and says the difference is not today and tomorrow. The difference is shiurim, chatzi shiur. Pachos mi'keshiur, you're allowed; yoser mi'keshiur, you're not allowed. Right. Figs worth. Shita number three is Reb Yosi. Reb Yosi comes along and says that the difference between yes allowed, not allowed, it's not as clear as the other two, yes and no, but there are three stages. There's boirer u'meniach with your hand. Borer ochel with your hand. Borer u'meniach with your hand. Lo yivror is not going back on the d'Oraisa. Lo yivror is not to do something which is only l'chatchila asur, which is what b'kli v'tamchui, a certain type of keli, which is not kavua, it's not set for borer. So that's what we say, lo yivror, midrabbanan. V'im בירר חייב חטאת. You have three stages in Rabbi Yosi. What do you have? Mutar, as long as it's b'yad. Midrabbanan, it's also when it's what, b'kli v'tamchui. And then we have a third thing, which is asur min haTorah, chayav chatos, kivro v'nafal, which is real— What is birer? With what is it talking about? V'im בירר בקנון ותמחוי, חייב חטאת. That's how the Gemara learns it. That's how the Gemara learns it. Lo yivror midrabbanan, b'kli v'tamchui. V'im בירר— Exactly. You understood this? You understood this? Okay. Then comes the next shita. The next shita says, ochel from pesoles, pesoles from ochel, which is again black and white. Ochel from pesoles is mutar, and pesoles from ochel is what? Asur. Then we have the last shita: lo oitzer and not lo oitzer. That's the last shita. The Gemara says, Borer v'ochel, ochel— I'm sorry, that's Rav Hamnuna— abaye. Borer v'ochel l'alter, borer u'meniach l'alter, lo yivror, naaseh k'borer l'otzar. Okay? It has to be l'alter, l'alter. L'alter, l'alter, it's mutar. U'l'boi bayom lo yivror, v'im בירר, naaseh k'borer l'otzar. Okay, you have it? So those are the different shitos. You got it? You got it? The last part is, it has to be right now. When you do borer for this moment, for eating right now, anything that I do, even for today— teulah says as long as it's today, it's mutar. The pshat is exact opposite. It can't be an all for today. That's for now. I'm basically knocking this into your head because we're soon going to learn the Rach to see how we pasken. There's a shita, the Ramban learns that be'emes nobody here is cholek. What? The Ramban holds that there's no machlokes. He technically—he does. He says if you go weave through these different shittos, you realize that they're all right. We pasken like all of them. We pasken like all of them. Slow. Each one stresses a different part of the word. It's a very famous Ramban. Okay, we'll talk about it. It's a Rach, Ramban. Sounds like it's a very good group excuse here. We pasken like the whole thing, okay? But before we get to that, let's learn how Rashi learns or Reb Yosi. We spoke already the Abaye, we did already, Ulla we did already. We did this till now. Now we have to Reb Yosi. Says Reb Yosi like this: Patur aval asur. What does patur aval asur mean? Rashi over here translates what it means, patur aval asur. What do you mean, patur aval asur? It means mutar l'chatchila lo. Lo. That's what it means. It's not mutar l'chatchila. Why?

Say, okay, okay. Mutar l'chatchila lo haveh, dami li breira. Dami li breira. And the reason is because it's dami li breira. Now, my question to you is, when he says dami li breira, what does he mean? He means that, b'etzem it's not borer, right? It's so close. The chachamim say, huh? Koneh v'tamchui. It's called koneh v'tamchui. What's a tamchui? It's a type of a plate that you can do it with. It's not for borer, not kavua for borer, but you can do it. This is what רבנן. So what is the words he uses? It's dami li breira. It so much looks like breira that the chacham said don't do it. Don't do it. Dami li breira. Fine. So Rashi should have continued, v'chayav chatos lo haveh. You know why? Because it's only derabbanan. What should be the next line in Rashi? And you're not chayav chatos. Why not? Because only derabbanan. Then you'd be chayav, but it's not. Then it couldn't be patur. Yes. It's a pashut pshat Rashi. I'm telling you, listen to me, listen. I'm not telling you big, big who knows what, my own chiddushim. It's simple. If someone asks you, kol acharei yad, you know what kol acharei yad means? It's a shinui in the melacha. But it's a melacha; you did b'shinui. Here it's not even the melacha. You're telling me that it's only asur because it's domes, it's derabbanan. Why are you not chayav chatos? Because it's derabbanan. If something's derabbanan here, on a melacha derabbanan, you're to come and say patur because it's a shinui. It's patur because it's only derabbanan. Okay. Next point. The ikur breirah benafel vekivra. So I want to know when Rashi means ikur, does he mean ikur outs the issur, or does he mean ikur in the melachah? Want to know what the act of borer is? The act of borer is the melachah. I think it means the melachah, and the reason why I think that is because of the next line of Rashi. The next line of Rashi is, aval byad lo dami leborer. If he did it with his hand, it's not domeh to borer. Why? Klal at all. It's not domeh to borer at all. Now what does he mean it's not domeh to borer? Does he mean issur? No, he's saying the act, the act of borer. Now how do I know that he means act and not issur? I'll show you what makes a very big difference. But before we get to the difference, how do I know it means act and not issur? Because the next cases, the yad, that means—because of the next Rashi that says, ein ze derech borer. What is the difference between lo dami leborer klal and ein ze derech borer? What's the difference? So this is—no, not in the borer klal. Lo dami leborer klal, bechlal it's not melachah. Ein ze derech borer means the melachah is there, yes, I didn't do it kedarko. It's like a case of kilachar yad. Ein ze derech borer means I did it, but I didn't do it the right way, kilachar yad. Lo dami leborer klal is saying it's not even that. It's nothing. Here. Could you come and tell me that if I talk to you — I'm not going to hit you — if I talk to you, I'm chayiv? Why? Because it's domeh to ksirah, domeh to cutting an apple off a tree. Might as well have to do with the other. That's what Rashi means, lo dami l'boirer klal. It's not a melachah. There's no melachah here. There's no melachah at all. Ein ze derech borer doesn't mean there's no melachah. Ein ze derech borer means it's borer, but it's a kil'achar yad borer. It's not the derech. I did it with a shinui. I did it differently than you're supposed to be doing it. That's the difference between the two leshonos. Now I have to ask, why did Rashi make that difference? That's what I'm asking. Why in the first one did Rashi feel that he has to say eino domeh, and over here he has to say it's l'tashinui? And my next question — what? No, it's three different cases. It's three different cases. One's Rabbi Yosi, the other one's going back on Rav Hamnuna, and the other one's Abaye. No, this patur aval asur is going — on one thing, Rabbi Yosi. So where is Rashi? Ein ze derech borer — what does that mean? Derech of borer, right? Ein ze borer klal — what does that...

I mean, it's not even byrur. Does Rashi say that, or am I bothering Rashi? Now what's the difference? Why does Rashi need this? So the truth is, it's not much of a question why, because Rashi needs it in Rav Hamnuna, Rashi needs it. Because Rav Hamnuna is the first one to make the difference between not only mutar and asur, but doimen, not doimen. You can have mutar and you can have asur, but then you can have what? Something in the middle. As long as it's domeh, it's also asur midrabbanan. So I have to come and say, right, that yad is not even domeh. Reb Yosi—I meant Reb Yosi. That's the pashut pshat Rashi. That's called learning Rashi. This is how you have to read the Rashi: nothing more and nothing less. If you added anything or subtracted anything, you didn't learn the Rashi. This is reading through the Rashi. But we're going to add a little salt and pepper here a little bit. You ready? It's very simple. There's a sefer called Magen Avos, a very famous sefer. I think the Pnei Yehoshua talks about it by eruvin, but the kashya—you don't need any names for this kashya. What's the halacha, taka, in all these ein ze derech borerim? What's the halacha? It's mutar. No, it's mutar. Areichel v'mpsoles, patur aval asur, then you won't be able to eat on Shabbos. The question is, if you explain to me that what's ein ze derech borerim, since klach achar yad, let it at least be derabbanan. Right. Most famous kashya on the Torah. One more time: all the ein ze derech borerim becomes mutar. Yes. How can it become mutar when if it's not the derech, it's always klach achar yad. Kilacharya is only asur midrabbanan. It's asur. Even though you're thinking about the whole of a psoles, since considered kilacharya. Yeah. It's me, and if you think when you read through the ... you're not going to bring this question down. You got to be out of your mind. This is it. This is the question. Three Rashis tell me ein ze derech borer. Okay, so let it be asur midrabbanan. How is kilacharya when you're taking the ochel from the pesoles? Who? How is it kilacharya? Because usually you take the pesoles and the ochel. Sorry, take the ... bishinui. I did it bishinui. So I did it bishinui, so asur midrabbanan. Mutar. No. Or every kilacharya should be mutar, but that's not a yet. Since every kilacharya is asur midrabbanan, then at least be asur midrabbanan. Kashya. If you ever understood borer. You know what? Let's close the Gemara. Let's make it nice and easy. Yeah, you know, you like stories. I know about stories. That's what. I mean, if it's a kilacharya, let it be asur. Okay, rabosai, listen good. Listen good, huh? You say something else? Okay, so wait a minute. Maybe we're saying the same thing. Listen carefully. What does the Gemara say? The Gemara talks about a person's borer. What's the case? Chatzi shiur, keilim. This is all very nice. Lebo bayom and not lebo bayom. What's the difference in his kavanah? Yeah, but what's the difference in his kavanah? Because if you want it for the next day, you're preparing for the next day. That was like this. I was thinking about it for a while. Let's say borer, right? Let's say he changes his mind. Of course. In other words, throwing the berry, he wasn't focused. He was bothering me. What happens if a guy comes, you know what? He's doing it for tomorrow. He's doing it for tomorrow. And then all of a sudden, you hear he changes his mind, and it becomes for today. I don't see it. It doesn't change, right? It doesn't change. It's still borer from before. You're right. Because once you started doing it— I can't hear everybody. I love you all, and I just can't hear everybody one shot. It doesn't work that way. But once you started doing it already, it started being— Yeah, but you change it. It doesn't matter. How does the machshavah change? How does your kavanah change what the metzius is? Beautiful question, no? If somebody takes a— right? Yeah. And you want to fix the— The question is, if he ate it right away, took the psoles and started consuming it or took care of it— That's in the metzius. I agree with you. That's if I ate it.

Now or not. I agree with you. I agree with you on all those cases. I want to know the lo bayom or not lo bayom. What is his kavanah? How does his kavanah change? Meaning, you want it for tomorrow, now he's doing it. Yeah, what's wrong with changing my mind? I mean, how does what goes through my head... But the act is the same act. Me and him could be doing the same exact thing. He's thinking, I can't wait to eat every five minutes, or I want to, every two minutes he eats on Shabbos, okay? And I'm thinking for tomorrow, okay? You see, that's what I'm trying to tell you. When we talk about kavanah, see, I want you to know this. Please, I'm begging you. You know what to say. It's on my throat, say it, go. For tomorrow, then it becomes... Exactly, exactly. And what's that halacha? It's mutar. Why? I'll tell you why, Rabbi. You have no idea how well he said it. Do you understand what he just said? He explained it so beautiful. What happens if—say it again, say it again. Listen to what ... is saying. He's a man with reason. He's a man... He's a mystery. Go ahead. Meaning it's mutar because you had ... for now, and l'maaseh it ended up l'oitzer. So why? But kavanah was at the time. No, that's mutar. In a case where you want to, for tomorrow. I meant now. Because you... melachos, melachos machsheves. What's melachos machsheves? With the kavanah to be over that. I agree with you, but to do what it is. Meaning like this: if, let's say I rip a tree, right? Let's say I rip a tree. I need kavanah of fruit off a tree. I needed kavanah to be chayav for ripping off the tree, the thing of the tree. But you're not going to come and tell me that my kavanah made it into a ma'aseh ripping off the tree. Here you have a melachah that it defines what I'm thinking makes it into borer or not borer. What's the difference? Whatever it is, it is. You want to know if you had kavanah to do that. Okay, that's a different shailah. Someone here from before? Yes. Sometimes they say that's intention to do what was done. But over here it's not a question, do I have intention to do it or not? It's what my intentions are that defines what I did. If I had intentions and now, then it's not called... The same act. Two people could do the same thing. Two people could do the same thing, but I was thinking left field and he was thinking right field. So that's two different things. What's the difference? What's the difference? Here, so you have two people, two people are drinking water, yeah? One is drinking it because he wants to wash down the... and the other guy is drinking because he wants to wash down the fish. Not the same thing. Not the same thing. What's the... Difference. The same thing happens. You both drank water. You both drank water. What's the difference what you had in life, drinking water? This is what the Rashi says. This is what Rashi says. Can't be that the ma'aseh counts, because you see it. This is Rashi saying, the ma'aseh itself, the boy, what's called bo'er. I need a psak halacha. Who wants the pasken halachas for me now? No, no, no, no. Machshavah is ma'aseh. Listen to me carefully. Listen carefully. I have a... I want a psak halacha. You know what? Maybe this is too much deep for you guys. Maybe you'd like to learn Alka Yosef. I'll ask you Alka Yosef shailah. Ready? Do we pasken like רבי יוסף? I think yes, right? The Gemara brings a little aleph. Yes. We pasken like רבי יוסף, okay? Beyond is mutar, גרשון, yes or no? Yep. Slowly. What about לאלתר or לאחר זמן? He doesn't discuss. I'm asking. I'm asking for you. If a person... pasken. If a person went here, if a person went—I'm sorry, if a person went, and he did beyond—you're listening? Beyond.

Not louder. Mutar. According to Rav Yosi? According to Rav Yosi, ... call it chiropractic, I'll take care of your back. You don't have to do any more chiropractic for free. I'll do it for free. No problem. You say it's no problem. You. Unless he looks like Rambam, he agrees to everybody else, that depends. I'm asking you, according to Rav Yosi, what does Rav Yosi say? Rav Yosi says you're allowed ... but he doesn't mention it. He doesn't say. He doesn't say. He has to say. I'm also know the problem for ... He doesn't say that. Don't come. It's not ... You're almost there. Comes along the Ritva. Should I tell you the Ritva? You want a paskening yourself right or wrong? Once you pasken, right, don't make it right or wrong. It makes a difference. But you take it over ... But you hear. You did what you hear. Rav Yosi holds ... The only problem is b'kanah v'tamchui. Does it make a difference for now or for later? He's cheating. He's cheating. He took the Ritva from here and he's cheating. All right. We have a posek that wants to cheat. No, I want you to cheat. Read it. He says what? Read it. Show them, show them, show them. Ela Rav Yosi. One line. You know why he does it in one line, the Ritva? Because he knows it will be any longer, you won't want to look at it. He says short and to the point. Ela Rav Yosi, ... ochel, u'miniach b'yad, peirush le'echol, l'sha'ato, l'alter. What's the raya? Kim l'shaitehu, o im b'yadai, machashiva b'reira klaf. Rabbi Yosef doesn't say it. B'yad, the kavanah was even to do it right now. Not only in—not only b'yad. You like it? But, Rav, he says b'feirush, meniach. What do you know, meniach, he says. Borer for l'alter, meniach. He puts it away. He's borer, and his intention is l'alter, and then he puts it down. Meniach, means he puts it down, no? No, Rabba, Rabba, meniach means for later. That's what you say. We discussed it. That's what you say. But he also doesn't say this. He puts it for later. That's what you say. If it's for now, I want to put it— That's what you say. With me, with this. Yosef says, yeah, and as long as it's b'yad, everything's okay. B'keili, that's when all the problems start. Not one word, l'alter, not l'alter, yella, nothing. What's the word for meniach means? Meniach would be, he does it for now, and then he could still put it down. So what do you want from—why? Why can't you just say that? Because he's going to eat it now, or he's going to eat it— Meniach means he's going to put it for a little while. Again, I mean, did I— Why do you add words in his mouth? It's not in the Ritva. I was reading a Ritva. Innocently. You see, this is what I suffer here. Innocently, I'm reading a Ritva. L'pirusho, פירוש, לאכול לשעתו, l'alter. The whole heter of Rabbi Yosi is to eat it l'alter. Funny but true. How could that be? Why? There's never, according to Rabbi Yosi, any borer b'yad. There's no such thing as borer b'yad. It doesn't exist. And the truth is, what was Lashon of Rashi when you do it b'yad? Lo דמי לבורר כלל. Chayev, there's a stira here between the Rashi and the Ritva, right? Rashi seems to be learning lo דמי לבורר כלל, and the meileh it would come from there to continue that what? That even l'alter. Wouldn't make a difference. There's got to make a difference. It's not borer already. That's what I don't understand. You know what's possible? How can you just put the word? You need three things to make it a borer. Even one of them is already borer. Do you need three altogether for tomorrow? So that's not halacha l'maaseh. I want a Rabbi Yosi before we get to Rach. The way you learn the Rishonim before you get to the Rach, you need only one thing: after, b'yad is mutar. Notice from Rashi would be mashma. If I asked you the halacha l'maaseh from Rashi, what would you say? According to Rashi, borer b'yad, for now, for tomorrow, for later, mutar, eina domeh l'borer כלל. The Ritva is not true, but we say—

Beyond, what do we mean? Beyond is only one louder. What's the hesber of the machlokes? What are they arguing? I think there are no. Exactly. Because he's learning ma'aseh. It's not ma'aseh nothing. Exactly. Exactly. That's it. Between Rashi and what? So, do you agree that the Ritva says it? Yes. Do I have to admit that the Ritva says it? No, but— In other words, do I have to— can I be machish the Ritva? Yes. Why is that what he said? I don't know what is right, but I can tell you— I do have a raya. I do have a raya. Do we look at the act, or do we look at the תוצאה? What is the melacha? Is boirer a melacha which is this action is boirer, maaseh haborer, or do we look at what the תוצאה of the borer? What came from the borer? What was the l'maaseh of the borer? Rashi obviously is learning that, you know what we look at? We look at the maaseh of the borer. What do you mean? And that's why Rashi seems to be saying there's no boirer here at all, like dummy l'boirer klal, not domeh to boirer at all. Maaseh has to be toli, without a kli, it's not like dami l'boirer klal. Ma she'ein kein the Ritva. Ritva is saying like this: we're not looking at the maaseh. We're not looking so much at the maaseh, meaning yad and not yad is not a heter in ma'aseh. We want to know what the tzad is. Mimeila, listen carefully. If let's say a person is boirer for now and not for later, or for later and not for now, what could be the difference? In ma'aseh there can't be a difference, because it's the same act. Kavanah, it could change, right? Your kavanah could change what you're doing for now or for later, right? We don't care about the act. We care about the pe'ulos and what's nega to you. And what do I mean by this? Listen carefully. I once asked you, how do you translate the word boirer? Is it lafrid ochlim? What is livror ochlim? To select. Remember we spoke about this? Yes. Selection is talui b'mah. In daas. Daas. When I select something, the act itself is not the issur. The issur is the choosing. It's my daas, one thing over another. It's me. You see the difference? If you want to look at the maaseh— What do you mean it's you? Let's say you have a brain-dead person and he just goes like this. None of it. A brain-dead person is patur min hamitzvos. An example. What does that... You're mind decides. Selecting. Because you're selecting. One that. Selection. The word selection means it's not how mitzvahs... It's not frada in your mind working, no? It's that I chose one thing over another. Let's say you do it in your mind. Are you aware? My dear, bicharti. Habocher, bocher. Means if there's two things you don't want, there's no word. Hafrada means you separated. It doesn't matter if you want, you don't want, you separated, that's it. And then I showed you that the Rambam's shita is that, ein hachi nami, if you hold issurs hafrada, even if the shneihem oichlin, what happens? It's still asur. Selection is totally in your daas. It depends what you wanted. But everywhere else it's also. Rashi learned very simple. You know what the melachah is? No. The ma'aseh is issur. Memeila, it doesn't make a difference now or later. What difference could it be already? Once you hold the ma'aseh is a ma'aseh hamutar, then there can't be any problem. It's very easy. According to the Ritva, you know what the heter of biyad is? Because megaleh daas. You're megaleh daas that you don't mean borer, you mean ochel. Again, it's in your daas, and I'll prove it to you. If you don't feel that this is a proof, I quit. You ready?

You like a job maybe? Maybe. How much? Give me one second. Give me one second. Mashma lei l’Rav Hamnuna, read it, nu, read the Ritva. Read the Ritva. Nu, nu, nu. Listen, listen. What do you mean to say by what you’re doing? A person who’s dorer b’yad, b’alter, what he seems to be saying, I’m hungry. So? It says, he says, rotzeh, he says. Why should we ask, hungry? Mashein kein when a person, when a person does it l’achar zman, he’s megaleh—what does the act show, and what does he want to do? He wants to be tovel. Borer is to select. You see, it’s you, it’s not the maaseh. Did you see the Ritva? Before the—do you see the Ritva? Do you see the Ritva? Nira. You see how he translates it? The heter is not because it's l'maaseh mutar. The heter is because it's nira k'ochel. Nira, he's showing that he wants to eat. So let me explain to you again. It's very simple. Ready? Listen carefully. You listening? Yeah? Okay, come. Abosai, come. Ready? You ready to enjoy? Are you excited? That's so much. Get into it. Listen carefully. Listen. Tishma, tishmu. Reb Yosi comes along. You know what? Let's make believe we're learning first grade Gemara. Fifth grade. We're starting in the fifth grade, okay? Reb Yosi comes along and he says like this, listen to me. B'yad, I think that's mutar. You want to see what b'yad is? I'll show you. I'll show you what b'yad is. Two seconds, I'll show you how. Not him, he's patur. You ready? Believe me, my b'yad is a lot stronger than my b'kli. Now listen carefully. B'yad is mutar. B'kli, we'll play around. One type is, yeah mutar, one type is asur. This is what Reb Yosi. And even the one that's mutar is not l'chatchila because it's domeh l'borer. Okay. I asked you a question. Okay, you know, before I ask you a question. Now, so the way you read the Gemara, yad seems to be a blank check. You know, as long as it's b'yad, there's no problem. And the reason is, Rabbi Yosef, what's the reason? Simchah, sorry, what's the reason? Not bair? Not bair? And like the words the Rashi uses, lo dami l'bair klal. Right? This is Rashi. That's how Rashi understands the Gemara. What's the hechrech of Rashi? The hechrech of Rashi is very simple. He didn't say, he wasn't mechalek time, not time. Mechalek time and not time was a different man d'amar, right? So Rabbi Yosef is saying, yad always mutar. That's how it seems Rashi seems to be. Yad, always mutar. Comes along the Ritva and he says, wait a second. Rabbi Yosef said it. He said yad is mutar only l'shayta, l'alter. He says it's clear, it's open, there's no... What is the difference? I mean, I don't understand. Is it mutar or is it asur? What's the difference between l'shayta and not l'shayta? Does he get it from? What does he mean? So I'm telling you like this. In order to understand this machlokes, we have to understand what boir really, really is. And why do I say we have to understand what boir really is? Because we have to realize that the boir is a lot different than all other melachos, where your kavanah will change.

What the melacha is. For example, now, boirer b'yad and not boirer b'yad, what's the difference? If I'm shochet l'boirer b'yad or I'm shochet l'achar Shabbos, it makes a difference? What's the difference? If something is aser, it makes a difference what I do it for. If I want to cut an apple off a tree, would it make a difference if I did it for today or for tomorrow, or if I do it for now? You know, guys come say, you know, I'll chop an apple off a tree, it's l'alter, it's mutar. What's the difference? What's the difference? So we spoke that there's a special sevara called derech achilah, that there's a special heter you're allowed to eat on Shabbos. You can't say people not eat on Shabbos. We spoke about this. We'll get back to it later. But without this special sevara, that I proved to you Rashi doesn't hold of. Rashi doesn't hold of this. It comes out that you have to understand why boirer is toleh b'machshava. Why is it toleh b'machshava? What's the meaning? Why is it my kavanah, boirer b'yad and not boirer b'yad, changing? So I'm explaining to you, it's very, very simple. You got to know what the problem of boirer is. Is it the actual act of separating them, or it's the selection of it? Meaning, select, I took one thing preferable over another thing. Meaning, I should take the food instead of the psolet, and I took the psolet instead of the food, but I selected. Selection itself is toleh in me. The word bechirah, the word to select, when I talk about selection, that means it has to do with what my kavanah was. That's aleph. You have to understand, the melacha is not the actual ma'aseh. But it's the breirah, it's the selection on Shabbos. It's that I chose one thing over another. Chazal tell me, when I do have to choose, how to do it: she'aochel b'derech psoles, with a keli, not with a keli. But the yesod of the melachah, says the Ritva, is anyway b'daas. If it's anyway b'daas, so what's mutar and what's not? It's anyway b'daas. So I have to have the maaseh should show me what the daas is. I never know what a person's daas is. Let's say a guy comes and he does breirah and he's thinking, ah, Chinese, Chinese ball game, a Chinese chess game. How do I know what the guy meant when he did the borer? If it's all in the mind, the answer is the actions. Depends what you're doing. Will tell me what's going on in the guy's mind. That's how the Ritva understood doing b'yad also. If I do it b'yad, what's the heter? Nira. It shows me that I want to eat. That's only if it's l'alter. B'yad is not because if I do it b'yad, the maaseh is not a maaseh borer. It's a maaseh borer, but the pshat is it's not negiah. It all depends on am I selecting or am I not selecting. So if I do it b'yad, says the Ritva, what happens? I showed that I want to eat and I don't want to be borer. So if I do it not l'alter, what am I showing? That I don't want to eat. What do I want? I want to be borer. I want to select. That's what the Ritva says. Now read it now inside. Nira, ... who has the Ritva? Nu. Hevanta? Nekudah zo, hevanta? Lo kol kach. Is the issur in the maaseh, or is the issur in the kavanah? It's machlokes on this. So what's the ma'lah of biyad? Not Rashi, according to Ritva. So why is biyad mutar now? If we don't care anyway the act, so what's the heter of biyad? Because it shows me what your kavanah was. Obviously, I want to eat. I don't want to select. I want to eat. For now. That's why the Ritva says it has to be for now also. And how do you know it's for now? Nu, say it clearly. Nira? Nu? Ah, eino nira kiboreir. It doesn't look like he's being boreir; it looks like he's eating. When a person picks up food and he puts it to his mouth, what do you see his kavanah—what do you see he's doing? He's eating. So if he does it laalter, so then you see that it's not eating; it's for— But kli is also not nira koach, because you don't eat that way. But he's going to prove with the fact that he's going to eat it. But people don't do that. What you need is that the maaseh itself should be moichiach. Chilei means like this, kli. You sift the…

Ein ze derech breirah. Ein ze derech breirah. If it's not derech breirah, one second, what is it? Klacha yad. So the question is, let it be asur for what? Let it be asur al kupanim b'di'eved, right? Now, if a person does a melacha that was done klacha yad, is there a melacha that was done klacha yad? No. Now the melacha was never done. Say again? In other words, your melacha was the same. If this is the ma'aseh, if this is the ma'aseh, then what happens? The ma'aseh is asur, and you did this ma'aseh issur klacha yad b'shinui, right? But if the ma'aseh has to tell me what my kavanah was, so if I did it shelo kederech breirah, I did it shelo kederech breirah, so what is my ma'aseh? My ma'aseh shows I wasn't mevarer. No, that's its own. Never issur. That's the teretz. When we talk about klacha yad, the taich of klacha yad is not pshat there's a ma'aseh with a heter called klacha yad. By borer it works the other way around. By borer, first works in your kavanah. First you got to know what the guy did. You got, huh? You know what? Give me the phone. Call him on the phone. I understand. No, I don't use them. Gershin, Gershin, walkie-talkie, you can come pick those. Every melacha in Hilchos Shabbos, every melacha in Hilchos Shabbos... Hold it, so... now listen here. Every melacha in Hilchos Shabbos. It's a ma'aseh. It's an act. It's an act. It's an act. You got to do something, yeah? Every melachah is an act, okay? There's a question how you did the act. Did you have kavanah to do the act? Yeah, but the act is what's asur. Borer is very strange. You know why? Borer is not the act at all. Borer is that you wanted the result. It's the kavanah that you want. Why not do an exception? It's the... it's the pe'ulos that you want. That's the whole melachah. You want something. That's right. It's not that you get a masa, you separate, big deal. What's... ma'aseh. Kotzer is a melachah. Zorea is a melachah. Choresh. These are real melachos. I'm saying, but these are real things. These are real, I did something. Here the whole thing is, I want boreres ha'ochel, or I want to eat. It's my kavanah. So how does it work then? The melachah, these Tannaim are teaching us that the melachah that you did will be megaleh daas what you really had in mind and what was going through your head when you did it. For example, if a person takes pachos mi'keshiur...