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The 39 Melachos

The Basic Premise of the Melachah: Meamer, gathering, is the collecting or combining of scattered fruits, produce, or any other item that grows from the ground. Even collecting just two fruits (even of different varieties) is considered Meamer. Even consolidating something that has already been gathered (e.g. compacting a mound of dates into one solid mass) is included in this Melachah.

The Exemptions of Meamer: According to many Poskim, there are four separate conditions under which Meamer is exempted: 1)The items must have grown in the earth: This is because Meamer is a step in the agricultural process which deals primarily with soil-grown vegetation. Therefore, collecting a pile of spoons and forks to be washed is not Meamer as the objects didnt grow from the ground. Interestingly, some Poskim hold that natural stones and minerals, such as diamonds, are considered grown from the ground so stringing diamonds to make a necklace is Meamer (and Makeh Bpatish since you are fashioning a finished item).

19th October 2013

This Shabbos, Daily Nach will be up to Tehillim Perokim 32-33. Email dailynach@gmail.com or visit www.dailynach.com for more information.
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Issue No: 442 Shabbos In: 5:45 Shabbos Out: 6:49 Sof Zman Krias Shema: 10:08

In the Mishkan: After Kotzer, reaping, the cut stalks of produce were gathered and sheaved, to be brought later to the threshing grounds. According to some commentaries, the stalks of produce were gathered and tied into bundles. The purpose of this process was, according to Rashi and most Rishonim, to produce certain 2)The items must be gathered in the place of growth: Theredyes which were vital for colouring the tapestries in the Mishfore, a bowl of nuts that fell and scattered on the kitchen floor kan. Rav Hai Gaon and other Rishonim hold that the gathering may be collected and put back into the bowl as the kitchen is was necessary for making the Lechem Hapanim. not their place of growth. Even more interestingly, some Methods of Gathering included under Meamer: Poskim hold that stringing diamonds is Meamer even though Any manner of gathering which is required for a positive use is they are not being strung in the location where they were Meamer Mdeoraisa and thus completely forbidden on Shab- mined. Nevertheless, the stringing process represents a furbos. There are various examples of this including stringing figs, ther consolidation that is ordinarily performed outside the raking leaves to form a compost pile and collecting fruits into mining area. your pockets. Similarly, any usual manner of sweeping, kicking or rolling fruits, twigs and the like to form a pile is Meamer. 3) Re-gathering is not Meamer: Meamer only applies when According to some Poskim, Meamer only applies when the gathering for the first time. If the objects were collected and scattered items are held together in a permanent way in then became scattered you may gather them for the second which the collection will not come apart naturally. Therefore, time. collecting various fruits into a basket is Meamer whereas merely holding fruits in your hand is not. Nevertheless, there may be Rabbinic restrictions on gathering fruits in this manner on Shabbos (even if the fruits definitely fell before Shabbos and are not Muktzah). According to the Torah, Meamer only applies when the gathering is done for a positive use. Gathering items in order to throw them away is only Mderabanon. For example, gathering rotten apples in order to throw them away or raking leaves to discard them is only Mderabanon.

Rashi (18:1 Kchom Hayom, quoting the Gemora in Bava Metzia 86b) tells us that Hashem noticed that Avraham was distressed by the lack of visitors. Three Malachim, who were anyway going to be sent to Avraham, were sent now in the form of humans to give Avraham the opportunity to fulfil the Mitzvah of Hachnosas Orchim. These Malachim spoke to Avraham as messengers of Hashem (Rashi, 18:10, Shuv Ashuv) but Avraham mistook them for Neviim, prophets (Mizrachi, 18:10). This is evident from Rashi 18:16, Lshalchom, who says that Avraham escorted his guests on their way as he was under the impression that they were indeed merely guests. (The Ramban disagrees with Rashi and in fact holds that Avraham had worked out that they were Malachim whereas Sarah had not.) Imagine that after Avraham has died, Hashem is judging his life. Avraham would be looking back at certain incidents in his life with genuine and humble pride- the fiery furnace; the War with the Kings; leaving home, to name just a few. He will be surprised to find out that Hashems account of his Mitzvos does not contain the astonishing Chessed he performed to those three men because they were actually not human beings but Malachim! The Mitzvah of Hachnosas Orchim applies only to people, not angels. Surely, the whole episode is just a ploy to make Avraham happy when the actual act is not a Mitzvah. Furthermore, the disappointment of finding this out might be worse than the original stress of not having visitors in the first place! Reb Tzaddok HaCohen (Pri Tzaddik, Parshas Vayeira, letter Yud) asks,Of the numerous examples that could have been used in the Torah to depict the Mitzvah of Hachnosas Orchim, why does the Torah use Malachim ,who dont eat or drink, as an example of the Mitzvah?

and resolution to do what he has chosen. Thirdly, the effort to transfer will into action and to project thoughts into deeds. However, the only power Hashem granted us is the ability to choose, not the power to complete the action. The main thing that Hashem asks from us is our desire and decision to do his Mitzvos. Hashem will decide whether or not the act will be carried out. Based on this, Reb Tzaddok explains the Pasuk in Tehillim 27:5, Achas Shoalti- one thing I ask of Hashem; Oisoh avakash shivti bveis Hashem... - is to request of Hashem to sit in his house etc. Dovid Hamelech is asking that he should always have the desire to request to sit in Hashems House, even if he physically does not end up there. In conclusion, Avraham did all he could to fulfil the Mitzvah. As far he was concerned, he had acted in the same way he had throughout his life but this time, the action did not result in the Mitzvah (see conclusion). But as always, his choices and his heart were solely focused on fulfilling the will of Hashem. The Torah has chosen the perfect example to indicate the Mitzvah of Hachnosas Orchim, that is- a case where the choice, intention and effort are emphasised and not the outcome. It is also interesting to note that three of the most profound acts of Avrahams life that the Torah records- Hachnosas Orchim of the Malachim, davvening for Sdom and the Akeidas Yitzchok, are all episodes where the result was not accomplished but the exceptional qualities of Avrahams heart and mind are illustrated.

4) Objects must be in their original state: If the objects have been dramatically changed or processed to the extent that they are no longer recognisable, it is permissible to gather them. For example, it is permitted to gather up sheets of paper or wooden toys. It is interesting to note that in some cases, gathering is permitted under more than one exemption. For example, collecting dishes and silverware is permitted under all four exemptions simultaneously.

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To conclude, if someone gives Tzedaka and then finds out that the recipient was not poor, have they fulfilled the Mitzvah of Tzedaka? See the Gemora in Bava Basra end of 9b. Can that The Chovos Halevovos (Shaar Habitachon, Perek 4) says that case be applied to the case of Avraham? Did Avraham get the acts of service to Hashem, as well as sinful acts against Hashem, full reward for the Mitzvah of Hachnosas Orchim in this case? can only be performed by man when three things combine. Firstly, the choice of his heart and mind. Secondly, the intention

Tannaic Story

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This week we will be starting a feature which will detail the lives and achievements of the Tannaim and Amoraim, the great Talmidei Chachamim who feature in the Mishnah and Gemarah. We hope you enjoy! Rabi Eliezer ben Hyrkanos, one of the earliest Tannaim, was an immense Talmid Chacham. When he was a young man though, he was not considered to be particularly bright and was designated simple agricultural jobs on his fathers land. Eventually, Eliezer grew tired of spending his days merely farming so he ran off to pursue a life Torah rather than a life of manual labour. In response, his father declared that Eliezer would never be allowed to enter his home again and would not inherit any of his considerable wealth.

Yochanan ben Zakai did not reply, but rather summoned all the great Talmidei Chachamim and prominent people of Jerusalem to the Beis Hamedrash. When they were all assembled the Rav called upon Rabi Eliezer to deliver a Shiur. The Shiur delivered by Rabi Eliezer was extremely complicated, encompassing various Torah concepts and exploring many different intricacies and points. The people assembled were amazed by the outstanding depth and clarity of the Shiur, especially Hyrkanos who could not believe that it was his own son, once a simple farmer, who had delivered such a complex Shiur. After the Shiur, Hyrkanos approached Rabbi Yochanan ben Zakai and confessed that he had travelled to Jerusalem with the sole intention of relieving Rabi Eliezer of his inheritance. However, now that he had witnessed the incredible transformation Eliezer had undergone and the extraordinary knowledge and grasp of Torah he possessed, he has decided to give his son not only his rightful inheritance, but the inheritance of his brothers in addition. Rabi Eliezer warmly accepted his fathers apology, but refused to accept any inheritance except his own.

The beginning of this weeks Parshah describes the trait of Chessed that Avraham possessed, namely when the three angels, in the form of humans, were invited into his tent and Avraham treated them with extraordinary kindness, despite the fact that this was just a few days after his Bris Milah! The Gemarah teaches that whatever Avraham did directly for the three angels, Hashem did for the Jews in the desert. Whatever Avraham did indirectly, i.e. through someone else, to the angels, Hashem likewise did to the Jews, but only through an agent. For example, Avraham walked with them [the angels] to escort them, (18:16). Hashem, so to, went before them [the Jews] by day in a pillar of cloud. Conversely, since Avraham did not personally give water to the angels, Hashem also did not give water to the Jews in a personal manner; rather he provided them with water only through Moshe. Nevertheless, the zechus that the Jews received water still belonged to Avraham because their water was given to them as a result of him giving the angels water. However, the rock that Moshe struck to nourish the Jews of their thirst was called the Well of Miriam i.e. the water was in the zechus of Miriam. Surely we just stated above that the water was in the zechus of Avraham, not Miriam!

for all forty years that the Jews were in the desert. Therefore, they also required the merits of Miriam in order that they should have enough water for the full duration of their journey through the desert. The Torah Temimah states that when a person performs acts of kindness towards other people, his reward will be that Hashem will bless him with children who follow in his footsteps and expand the scope of his noble acts. Thus, through the zechus from Avrahams kindness, the Jews merited to have a leader like Miriam; her zechus in turn allowed the entire nation to have enough water for forty years. Thus it was a combination of the zechus of Miriam and Avraham that there was sufficient water. This provides us with an important lesson. With all our actions, we are creating future generations and influencing the ways in which they will behave. In order for our children to be blessed with kind hearts, we need to show Hashem that we too are kind-hearted people and that we use our kindness to help others. In the merit of us behaving towards others in a manner mirroring that of Avraham, we should all merit that our future generations should show the same kindness that Avraham did to his guests and that they should emulate his wonderful Middah of Chessed.

Eliezer fled to Jerusalem and made his way to the great Yeshivah of the famous Rabi Yochanan ben Zakai. The esteemed Rabbi soon noticed that Eliezer had enormous potential and warmly accepted him into his Yeshivah. Rabi Eliezer persevered with his learning, and slowly but surely, he ascended up the ranks within the Yeshivah until he was rated alongside the top Talmidim. He was destitute and suffered from hunger and poverty, but that did not prevent him from expanding his depth and knowledge of Torah. This story can teach us the tremendous potential that is Hyrkanos, his father, decided to travel to Jerusalem and hidden inside every Jew. Through just hard work and dedicaconsult the great Rabbi, Rabi Yochanan ben Zakai, on his tion, the most simple of Jews can become great Talmidei decision to strip Eliezer of his sizeable inheritance. Rabi Chachamim.

Q) What are the Halachos pertaining den according to all Poskim and thus to facing photographs of people in extreme circumstances one could when davening Shemoneh Esrei? do so. Zvi Silkoff A) In general it is preferable not to face directly towards a picture of anyone whilst davening Shemoneh Esrei. Nevertheless it is not entirely forbidHasmonean Beis Rabbi
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One answer is that Avrahams Zechus did not last

Riddle: There are two people in Tanach, whose last part of their names are the English translation of the first part of their names. Who are they? Answer in next weeks Living Torah Last weeks riddle: Can you identify the 11 Kohanim mentioned in the Torah? Answer: 1-5) Aharon and his 4 sons. 6) Pinchos 7) Malkitzedek 8) Potifera 9) Yisro 10) Kohanim mentioned in Bereishis (47:22) 11) Kohanim mentioned in Shemos (19:22)