Yoreh Deah 252:8 Save A Woman First.

I have decided to blog a post of mine at http://forums.torah.org/viewtopic.php?p=73796#73796.

There the discussion on Yoreh Deah 252:8 paraphrased states that if a woman and man are drowing in a river, one must save the man first.

The standard answer given is that a Man knows and learns Torah, and or a Man has more mitzvot to do therefore, he should be saved first in honour of the Torah and or to accomplish more mitzvot. Ironically enough though the first part of the answer may give honour to man indirectly through the Torah, the second part gives honour to Women (as having fewer mitzvot means they are less deficient) as they are closer to a tikkun (a repaired state) then men.

I offer an additional insight though: this might be a simple matter of logic.

We know that one person's blood is not redder then another (ie: one is not more deserving of death or life then another (as we know)) so how can we choose man over women?


Simple. Let us consider those a man/woman leave behind. They both might have children/parents/relatives. However a man would leave a widow behind, and a woman would leave a widower behind.

The widow might have true problems in remarrying and continuing life supporting children. However, the widower would have a much easier time to remarry.

Furthermore, if the man dies, a wife might need to do yibbum/chalitzah; where if the woman dies this does not need to occur.

Therefore, two simple reasons why the man practically might need to be saved first.



The above logic is complicated as follows:

1). If there are two eidim then there is no issue, as either could remarry as the death of the spouse is assured. This would explain why the Mishna chose a river (an ocean even with eidim is a machlokes and we pasken that the wife cannot remarry even with eidim). Thus the mishna may be teaching a case where everything is paralleled for both except there are not two eidim. Otherwise, why not choose any other case? Why davka a river? why not simply mention drowning in general. Therefore I would supposit that there not being eidim is a major foundation for my argument on the meaning of the mishnah as imo that is what is particular about a river.

2). Of course the mishnah is also holding where a man could remarry with ease (ie: multiple wives etc...).

3). Pragmatically (sadly in such a situation) when following the mishna 3/4 people can continue doing mitzvos in the regular fashion. If one saved the woman only 2/4 could (the husband and wife (saved), but not the husband (drowned) and his wife))....


Finally R'Moshe Feinstein zt"l offers an interesting psak stating if all things of the outcome are equally likely then and only then is there preferrential treatment. This makes sense of the above as the mishna's logic that it is better for 3/4 then 2/4 to be saved, would not be true if one attempted to save a wounded drowning man over the drowning woman as then all the logic of above no longer applies in the same way!

I saw on another site (I have not looked it up myself - so I can't authenticate it) http://hirhurim.blogspot.com/2007_02_01_archive.html:
R. Moshe Feinstein (Iggeros Moshe, Choshen Mishpat vol. 4 [I don't have the book in front of me right now so I can't name the exact responsum]) writes that the rule of the Mishnah only applies when all other things are equal. Thus, if both emergency calls are of equal distance, and both diseases are equally treatable, etc. Only then, in the rare case in which all things are equal, does the rule of the Mishnah apply.

I realize that my logic doesn't have a great deal of support (if any) and therefore, though I think the Pshat answer is that the Man knowing Torah and having more mitzvot is the reason (as others have mentioned) I only mention the above as an additional consequence that FOLLOWS the pshat answer.

Btw, it is only logical the mishna with all things being equal would need to tell a person who to save as they might be paralyzed not being able to know which to save? This mishnah may have saved 2 lives (men and women) where without it both might have died. Another thing to consider.

Modesty

Its interesting. I heard a vort from my Rabbi that he heard from his Rabbi.

That a person when they go on a bus there may be distractions like woman etc... and keeping ones head down might work, but it wont work if ch"v they accidentally look up or see something they shouldn't what will they do then?

A person should simply focus on Torah thoughts, keep them in mind constantly. When a person is worried about a situation whether its modesty or some other shmutz, they should focus on learning/reviewing Torah.

Ohr HaChaim on Reeh (devarim 11:26)

"26. Behold, I set before you today a blessing and a curse."

Why does Moshe say "Behold". If Moshe is speaking and there is nothing to look at, why not use "Shema" (hear)?

Why does Moshe use "Anochi" instead of "Ani"?

Why is "reeh" (Behold) in the singular when the rest of the loshon (language) of the parshah is plural? Note that he state "lechem" (you (plural))! So why is Reeh in singular?

The Ohr HaChaim answers, that the idea of the verse is to encourage to pursue activities that bring Olam Haba (the next world), and not an indulgence (over involvement) in this world. And someone who wants to say "I want you to opt for Olam Haba and dismiss Olam Hazeh", before one can listen to such a person -- we must know TWO things.
1). When he speaks of Olam Haba does he know what hes talking about? Has he been there?
2). When a person says forget about this world, it has nothing to offer....but does he know what olam hazeh(this physical world) has to offer for enjoyment!?!

The statement is only credible if he knows BOTH. Make sure you understand this Ohr HaChaim -- a person making this statement MUST know both.... Otherwise they will tell him, "dont tell us, tell someone who doesnt know this world".

Such a BEAUTIFUL Ohr HaChaim!!! Why? Thats why Moshe Rabbeinu says "Reeh" == LOOK AT ME!!! I have experienced OLAM HAZEH!! I was a KING!!! I have been the wealthier then the Wealthiest! And I have gone to Olam Haba to receive the Torah... And LOOK AT ME, for he has experienced both and it was known to them that he experienced both the Gashmius(physicality) and the Ruchnius(spirituality) so that people should trust his opinion!
"Reeh" means "LOOK at Me".
"Anochi" means me, and I am unique to be able to tell you in this matter.

Why is Reeh singular? That is simple the Ohr HaChaim explains, the plural would indicate there are a multitude of ways of seeing what Moshe is presenting, but its not true he says. The simplest even who hear Moshe encouraging to opt for Olam Haba, the simplest together with the wisest that this is a man is to be trusted and be believed. They ALL perceive the truth together.


The Kotzker Rebbe explains differently. What is the problem? The singular is not an issue. It is placed in front of everyone, but each and every individual sees this bracha in their own unique way! Others say he said, that G-d puts it in front of everyone, but only a number of people who really see what its all about. Later in Reeh it says you (plural) shall search for his dwelling, and though (singular) shall enter. Many will search, but few will find.... Marvelous ideas....

The above was presented to me by Rabbi Isaac Bernstein Zt"l from a shiur, which anyone can (and must) hear from www.613.org (I can be more specific if desired).

Btw, According to the Kotzker Rebbe, one should note that the Prophets were considered the head of a body supported by the nation! The singular Yiddim that may properly find haKodesh Barchu are in fact supported by all Yiddim. I must take a line I heard from Prince of Egypt (Disney Movie) only because one should give credit where due... a line in a song goes "Does the stone at the Mountains face think it is more important than the stones that form the base?" I think this rings true for the philosophy that one shouldnt judge themselves whether they are part of those able to see the Torah -- nonetheless, i think it is an amazing insight. If you really think about even the idea that an insight of Torah is being shown to show that not all insights are available. A deep insight imo, that almost causes a paradox -- We all understand the idea immediately, thats HaKodesh Barchu's Torah (a miracle really), yet I certainly would have never found such an insight. SO what does seperate those that find the deeper insights from those that dont. I would wager two things.... Intellectually there may be no difference for pure Torah learning; however, one can only imagine that according to the Kotzker Rebbe that when Moshe is saying look into the Torah, if only a few can see it, why does it end in the plural of brachas (or curse)? Curse in Judaism doesn't mean "evil" it in reality means to limit or to freeze something from growth (another blog maybe to explain this idea - please ask if needed). Moshe tells us the singular few will see the Torah because of the brachas of following it. I recall being told that learning Torah will make one upright even if they arent originally it will shape you. Surely that is true, but to properly understand Torah, not as a tool for becoming better, but to learn it leshma (for G-d's sake - ie: not for "gain") one must follow the mitzvot and cause such brachas. It is clear it is not a one way relationship, but one effects the other. I personally think this is a beautiful idea, and I enjoy my drash on it - does anyone have any others?

Devarim

The malbim says that on the Ohr haChaim that Moshe said everything on his own, but only later HaKodesh Barchu told him to re say it in a new manner. But it seems the Ohr HaChaim is saying originally it is Moshe's words.....

Here is my question on the Ohr HaChaim. If Moshe was saying these things through the desert, how could it even be how words? AS we know Moshe in devarim says words of rebuke mainly and many other mussar ideas (also expands ons ome mitzvahs). So what is the question.... If we see that in Torah Moshe mis-represents G-d ONCE (hitting the rock) and is punished horribly, well the question is obvious!

1). How could Moshe THINK to rebuke in his own words - what if he mis-represents G-d?
2). How can he even HAVE his own words? If the Shechina resides on him and he speaks (mouth to mouth) with G-d with no issue...knowing what G-d is saying (btw, they say that G-d speaks to "himself" and Neviim simply over-hear) it seems OBVIOUS that Moshe is hearing G-d's words.

At best, what can the Ohr HaChaim say? Not that they are his own words.... But one of these options:
1). They are either the exact words of G-d.
2). They are the substance of G-d's words in Moshe's own words (but i do recall Moshe complaining about speaking ;) lol).
3). Or one final difference that I think the Ohr HaChaim means. At the beginning of Matos its says "zeh hadavar asher tzivah" = it says "this", but usually it says "koh".

The Netziv explains "zeh" means that it is the EXACT word of G-d that Moshe can hear G_d and repeat instantaneously, whereas Moshe earlier (and other prophets) would become physically un-able to move and would repeat what they heard at a separate time (perhaps moments later or a day), and so "koh amar Hashem" is used. Rashi explains that in Matos how Moshe got this level of Nevuah at Sinai (I have heard the burning Bush where G-d promises to be with him at all times -- meaning he doesn't have this problem of nevuah).

I would like to say that the Ohr Hachaim is saying that its not just the substance of G-d's words (as the Malbim seems to argue), but more...they are the EXACT words. However, Moshe does not say them at the exact time when he hears G-d say them! He waits untill later.

That is why at Devarim it says "Eleh" - to differentiate not his words vs. G-d's, but G-d's words being said at the exact moment of G-d saying them (what has been the case for most of Torah) and Moshe having to wait to say them.

Why would Moshe do this? I think its simple. We know in halacha that one shouldn't rebuke or correct someone when they are in the MOMENT of their mistake (if they can prevent it). Why? they will become defensive and try to argue theirs side and rationalize it. So Moshe waits for people to have a cool collected head before stating G-d's words and thoughts.

Now Chazal's statement makes even MORE sense. What does G-d tell Moshe to do? That he should write down those words and occurrences and put them in a specific order. The words are right! Perhaps the order he said (ie: waited too little or too long and other events transpire) the words of G-d are incorrect. And though he wasnt stated explicitly by G-d to say them to bnei Yisroel, G-d's words were true (that Moshe heard) and he said them exactly as they were!

If you want to say that they aren't G-d's words one has a major problem.... Think about "Vehayah eem tishmeru et mizvoti..." We say it in the shema regularly. The Ramban seems to make an amazing point! Does Moshe make it rain? Does Moshe make esev in your sadeh (bushes in your fields)? The Ramban takes a much different answer then Ohr Hachaim (in that it is more G-d then Moshe).

The Nefesh HaChaim explains that Moshe is bittul, ONLY the shechinah speaks.

The Ohr HaChaim cant be the simple way we understand "utzmo" (ie: his own words). Everyone agrees on that, but that is my idea what he may mean :).

Funny Halacha

I couldnt help but laugh when I read the following Halacha:

Kotzair (detaching living thing from its source) is a melacha on Shabbat. Removing bark or branches from a tree falls in this category.

If one climbs a tree on shabbos the Rabbinic punishment is that they must stay up there lol. Now thats funny :) -- I presume its also a safe guard from performing further acts of kotzair (ie: climbing down and ripping leaves/branches/bark), BUT if you didnt know this halacha (of Kotzair - ie: tree climbing is bad) then you are allowed to climb down - of course.


Side note: If you climb up before shabbos you should climb down before sunset, but may still climb down even on shabbos.

Obviously if for any reason you NEED to get down, for food, health/life, serious monetary needs then you dont have to spend the rest of shabbos up there (this is like any Melacha on shabbos).

Parshah Tazria

Heard from Rabbi Isaac Bernstein Zt”l:

The Netsiv asks, the zohar seems to indicate, from the 4 names for man that "adam" is the most elevated. So why does the Torah discussing leprosy which is caused by such vile sins use the most elevated name?

Rabbi Nissan Alpert zt"l explains beautifully, what is this part about?

We have a HUGE error as Jews on what a perfect or good person is! We think that it means someone without flaws and mistakes. It actually is someone who has mistakes but wants to be better, wants to do good....we all have mistakes.

The person with leprocy says “oh G-d!”, there is an issue here, and it says

(Vayikra 13:2) "ve’hoovah el Aaron ha’Kohen …” = "he comes to Aaron the Priest"....he WANTS to be better. Such a person is a great person, they see their errors and are not content, and want advice from the kohanim and want to be better, even if they are doing horrible sins....and for such a person the Torah uses an elevated name "Adam" for them.

Such an amazing answer! Such a great question…. Just beautiful.

Sefirat HaOmer

I have heard and compiled hte following ideas from Rabbi Akiva Tatz shiurim (link to some classes on the right panel) - any mistakes are my own:

The Arizal(I think) says that the Hebrews were on the 49th level of impurity. And that they couldnt stay ONE MORE MOMENT in the state of leaving. They left on eagles wings they had to go so quickly.

The Maharal disagrees entirely! He says, every ten in the Torah are related to eachother. The ten sayings of creation (Gemara lists ten), the ten trials of Avraham, and the ten plagues. The ten acts of creation build the world, but Egypt did put impurity there! Hashem in every makah removes a layer of creation so that he can re-build it in purity!!! How is this? The Maharal explains that Choshech (2nd last) reverses the 2nd creation. the Last of killing "firstness" (first born) is a reversal of "firstness" of "Bereshit" (the creation of starting). The Maharal explains that Hashem is undoing this in almost reverse order like an onion because the levels are almost built on eachother. I would say, that is precisely why G-d did the tenth plague! No other emmissary even EXISTED to do it...Hashem's oneness was left in the spiritual realm etc...

Btw, you want to see beauty? The tenth plague destroying impure firstness, and the 1st saying creating perfect firstness.... What is the tenth of Abraham's tests?!? To sacrafice his first born (firstness)!?!? That is a Torah idea at an amazing level!!!

And what about the Ten Commandments!? The Gemara says that Bereshit Bara is the physical un-ravelling of the Torah. Spiritually the first word that un-ravels the Torah is "Anochi Hashem". The Ten parallel EXPLICITLY!!! I think This is an amazing idea of Torah.

At any rate...the Maharal states that they were on the POSITIVE 49th level. Staying would bring the Moshiach immediately (The 50th level being the point of no return)! So why does G-d do this!?

He shows you what you CAN do, then takes it away so that you will earn it. How can you shoot for something if you dont know the target or whats possible? It is like a Father who stands his child up. The child knows what it means to stand and walk, but the father removes his hand! The child feels abandoned, but realizes (when he learns to walk) that it was for his good, and NECESSARY!

The Pesach astrological sign is that of a sheep that is lead everywhere. Next is the Bull, who does EVERYTHING in its own strength. And what is the Shavuos? Remarkably...it is "gemini" twins...perfect harmony!

First your shown the gift. Then you work entirely on it for yourself, but of course you dont achieve what you were shown (its beyond you almost), but together the reward and effort unify you to that level.

This is EVERYWHERE...why does it say in the Gemara that a child in the womb learns Torah? This is a deep idea, but superficially, this is the light (on his own head) that lets him see the universe he can learn so he has a "taste" of what is to be. He has that first sight, then he must work for it!

This concept is at the root of EVERY EVENT!


So...how does this apply to today's sefira? Pesach you are promised that any attribute you want to perfect or work on, you can attain. But you MUST put in the effort during shavuos! Its like "fly now pay later". Btw, aim for something possible, shooting too high and falling back because you cant work that hard could be worse then not getting the taste for it in the first place.