Rabbi Reisman – Parshas Ki Sisa 5776

A Parsha that is really loaded with a lot that a person could sit and Darshun and learn. I would like to stop at two points in the Parsha. The first is a topic that is dear to my heart.

1. Right after Sheini in 31:18 (וַיִּתֵּן אֶל-מֹשֶׁה, כְּכַלֹּתוֹ לְדַבֵּר אִתּוֹ בְּהַר סִינַי, שְׁנֵי, לֻחֹת הָעֵדֻת--לֻחֹת אֶבֶן, כְּתֻבִים בְּאֶצְבַּע אֱלֹרים). Before the sin of the Eigel, already the Ribbono Shel Olam gives Moshe (שְׁנֵי, לֻחֹת הָעֵדֻת). Brings Rashi (כְּכַלֹּתוֹ לְדַבֵּר אִתּוֹ). When Hashem finished speaking to Moshe, (כְּכַלֹּתוֹ) is spelled missing a Vav as if it was referring to Kaloso, his Kallah. Says Rashi (ככלתו כתיב, חסר, מה כלה מתקשטת בכ"ד קשוטין). Just like a Kallah comes to her wedding bedecked in her 24 items of adornment (הן האמורים בספר ישעי'). We find in the third Perek of Yeshaya (Posuk 18-24) that Kallas used to go out with 24 items, (אף תלמיד חכם צריך להיות בקי בכ"ד ספרים). So too a Talmid Chochom has to be an expert in the 24 books. The 5 books of Chumash, 4 Neviim Rishonim and the 4 Neviim Achronim, 5 Megillos, 6 books of Kesuvim besides for the Megillos. I am sure at the Shabbos table everyone will be able to figure out the 24 books of Nach which is basic to Yiddishkeit.

There is a question which is disturbing. That is that the Rambam says at the end of Hilchos Megillah (Sefer Zemanim, Hilchos Megillah, 2:18) (כל ספרי הנביאים וכל הכתובים עתידין ליבטל לימות המשיח חוץ ממגילת אסתר והרי היא קיימת כחמשה חומשי תורה וכהלכות של תורה שבעל פה שאינן בטלין לעולם. ואע"פ שכל זכרון הצרות יבטל שנאמר כי נשכחו הצרות הראשונות וכי נסתרו מעיני. ימי הפורים לא יבטלו שנאמר וימי הפורים האלה לא יעברו מתוך היהודים וזכרם לא יסוף מזרעם). The Gemara in Nedarim 22b (9 lines from the top) says (אמר רב אדא ברבי חנינא אלמלא (לא ) חטאו ישראל לא ניתן להם אלא חמשה חומשי תורה וספר יהושע בלבד) that had Klal Yisrael not sinned at the Eigel it would have been the 5 books of Torah and Sefer Yehoshua alone. It seems to say that the other books of Nach were not in the original plan and are not in the future plans, and somehow are only temporary. How could it be? Could it be that a Cheilek of Torah is going to be Bateil. Here we have B’feirush that (כְּכַלֹּתוֹ לְדַבֵּר אִתּוֹ) that a Talmid Chochom had to be (צריך להיות בקי בכ"ד ספרים). This is even before the Cheit Ha’eigel.

Recently I gave a Shiur on Eicha on how the book of Eicha will be learned when Mashiach comes. Someone said what do you mean, we are not going to learn Eicha when Moshiach comes. That is a mistake. No part of Torah is Batul. Yet it does say that only (כחמשה חומשי תורה) and (מגילת אסתר) will be during the times of Moshiach. 

This is a confusing topic.

I would like to suggest my answer and tell you where it comes from. It is true that the other books of Nach are Torah Shebichsav now because they were written. Kol Nevuos Shelitz’richa L’doros Nichtava. A lot of Nevuos were given. What is written in the books of Neviim and Kesuvim are needed L’doros. We have 24 books of Nach. L’asid Lavoi these parts of Torah which are now Torah Shebichsav will no longer be Torah Shebichsav. There will still be Torah She’baal Peh. Even what a Talmid Chochom says today as a Chiddush in Torah is part of Torah. Certainly something said by Yeshaya, Yirmiya, or Yechezkel is forever part of Torah. The point here is this, the Torah Shebichsav aspect will be Bateil. The Torah She’baal Peh aspect will remain.

I would like to explain. There are three Gedolim of the previous generation who Klered the following Chakira. Are the books of Nach part of Torah Shebichsav in their essence that they have the Dinnim of Torah Shebichsav or no, Torah Shebichsav is the Chamishei Chumshei Torah and everything else was permitted to be written but it is Nevua, it is something which a human being on this world heard from the Ribbono Shel Olam and maybe it is part of Torah She’baal Peh, it is not part of Mikra.

The three Gedolim who deal with this are 1) Rav Yaakov Kamenetzky in his introduction to Emes L’yaakov and he understands that Mikra is only Chamisha Chumshei Torah. 2) Rav Zelig Epstein in a piece printed in one of the Yeshurun journals takes issue with it and disagrees. He holds that it is all essentially Torah Shebichsav. 3) Rav Hutner in the Pachad Yitzchok on Pesach Maimar 37 takes the middle ground. That all of these Pesukim are Torah She’baal Peh which was permitted to be written, Torah Shebichsav which was written down and therefore, it is both Torah Shebichsav and Torah She’baal Peh.

Let me explain a Nafka Mina so that this entire discussion makes sense. We have a rule that Devraim Shebichsav E Ata Rashai L’omer Baal Peh, that written Torah Shebichsav is not allowed to be said by heart. Does this apply only to Chumash or even to Nach?

Tosafos in Temurah 14b Dibbur Hamaschil (דברים שבכתב אי אתה רשאי לאומרם בעל פה) Klers this question and actually has two opinions. What is the question? The question is whether Nach is Torah Shebichsav or Torah She’baal Peh which was given permission to be written.

A second Nafka Mina that Rav Yaakov brings. The Halacha is that a person is obligated to spend money to make sure his children learn Torah Shebichsav. Mishna and Gemara there is no obligation. He has to teach them but he is not obligated to spend money. What about Nach, where does Nach fit in? The Bach says it depends if Nach is part of Mikra and it has the same rule as Chumash. If Nach is not part of Mikra then it does not have the same rule as Chumash. These are two examples of Nafka Minas. I hope someday to expand on this topic in a longer Shiur, most probably on a Motzoei Shabbos.

But what is Nogea to us. Nach is certainly Torah She’baal Peh, it is only essential Torah. How can someone not be embarrassed to come to the Olam Ha’emes never having learned the parts of Nach which are at least easy and interesting? It is part of Torah always. Torah Shebichsav, that is a Shaila.

(כְּכַלֹּתוֹ לְדַבֵּר אִתּוֹ) A Talmid Chochom has to be a Baki in the 24 books, whether it is Torah Shebichsav or Torah She’bal Peh. Asidim Libateil Chutz Mai’chamisha Chumshei Torah U’mikra Megillah. Yes, L’asid Lavo they will not be considered Torah Shebichsav. Because only Nevuos Shenitzricha Nichtiva and Nevuos that call for Teshuva are not needed as a direct message L’doros. With this, I hope that I have opened to you a whole new school of thought. We will return someday to this topic.

2. Let me move on to a Ramban. 32:21. The Ramban says regarding Aharon Hakohen’s making of an Eigel (החטא הזה) the sin of Aharon (מן החטאים שייהרג עליהם ולא יעבור). That what Aharon was Over he should have been Yehareig V’al Yaavor. Aharon had his calculations for not doing it as many of you know. But I am talking about the Yesod that the sin of making the Eigel, now Aharon wasn’t Oved Avodah Zorah, he made the Eigel for people who wanted to be. In that it is Yehareig V’al Yaavor.

Says Rav Shteinman in the Ayeles Hashacar, that this Ramban is taking sides in an old Chakira. Aharon Hakohen was Over on Lifnei Iver Lo Sitain Michshal. He did not serve Avodah Zora. He was Over Lifnei Iver. Lifnei Iver is not Yehareig V’al Yaavor but the Kler if Lifnei Iver is a separate Averia or if the Aveira of Lifnei Iver is that when a person gives someone else an Aveira to do he has a part in that Cheit. Lifnei Iver is sort of a subset of every single Aveira. Lifnei Iver of Avodah Zora is Avodah Zora. Lifnei Iver of Genaiva is Genaiva. Lifnei Iver of Lashon Hora is Lashon Hora. Therefore, Lifnei Iver of Avodah Zora is Yehareig V’al Yaavor. Clearly the Ramban holds that Lifnei Iver of Avodah Zora is a Snif, a Cheilek of the Aveira of Avodah Zora and therefore, it is Yehareig V’al Yaavor. A big Yesod.

Kasha. Why was it Yehareig V’al Yaavor. The only time it is Yehareig V’al Yaavor is when if you don’t do it they can’t do it on their own. There was no other Jew in the 600,000 Jews who could have made the Eigel if Aharon would not have made it? If someone else could have made it then we know that it is not Lifnei Iver Lo Sitain Michshol. If someone else can do it and you do it that is called Misayai’a D’ovrei Aveira and it is a D’rabbanan. How is that Lifnei Iver?

This would seem to be a Raya to the Yesod brought in the Pischei Teshuva in Yore Dai’a Siman 156 or 157 and quoted by the Chofetz Chaim in his Hakdama to Sefer Chofetz Chaim, a beautiful Yesod. He says regarding Trei Ivra D’nara the following. Let’s say Reuvain does something to give Shimon an Aveira, if Reuvain would not have done it someone else would have done it. Says the Piskei Teshuva in the name of the Mishna L’melech, if that other person would have done it he would also be Over Lifnei Iver. If somebody had to be Over Lifnei Iver the fact that others could do it does not undue the Lifnei Iver of the person who did do it.

If there is a cup of wine the Nazir can take it himself then no one is Over Lifnei Iver, then the one who gives it to him is considered Chaivei D’nara which means he is not Over the Aveira. But when somebody else would have done the Aveira would have been Over. If someone else would have built the Eigel would have been Over Lifnei Iver then even the one who does it is Over Lifnei Iver as well. That is the Yesod in the rules of Lifnei Iver. In Lifnei Iver there is room to be Mefalpeil but this setting is a short setting and there is no time to go into it at the moment.

3. The question of the week is: In this week’s Parsha we have the Cheit Ha’eigel. In the Gemara in Maseches Rosh Hashono on 26a we learn that on Yom Kippur the Kohen Gadol went Lifnai V’lifnim in Bigdei Lavan. We know that the Kohen Gadol had separate clothing on Yom Kippur. When he went into the Kodesh Kodashim he would not wear the golden Begadim. Why?

The reason was Ain Kateigar Naaseh Saneigar. Once gold was used for the Eigel it could not be used to defend Klal Yisrael by going into the Kodesh HaKodashim. Ain Kateigar Naaseh Saneigar.

You will ask, we find that in Parshas Shemini they were Makriv an Eigel, Yavo Eigel Umechapeir Al Ha’eigel, the Maharsha asks it. The Gemara says. Anything that is Chutz, it is outside the Kodesh Hakadoshim the rule of Ain Kateigar Naaseh Saneigar doesn’t apply. It is only in the Kodesh Hakadoshim Lifnim that Ain Kateigar Naaseh Saneigar.  

I have a Kasha with which I would like to challenge you. The Kasha is that I have a Stira. In Parshas Ki Sisa we have the Eigel and in Rosh Hashono this rule of Ain Kateigar Naaseh Saneigar. But in the Medrash in Parshas Pikudai it says that the gold of the building of the Mishkan was Dafka gold. Guess what the Medrash says. The Medrash says Amar HKB”H Yavo Hazav Bamishkan V’yichapeir Al Hazav Ha’eigel. Let the gold of the Mishkan forgive for the gold of the Eigel. This was Lifnim, the Aron, the Kapores, the Keruvim were made of gold. A Stira. The Gemara says that gold can’t go inside because Ain Kateigar Naaseh Saneigar and the Medrash in Parshas Pikudai says that the gold of the building of the Mishkan is Mechapeir on the Cheit of the Eigel. Sounds like a big Kasha. Geshmak! Good talk for the Shabbos table.

You should have an absolutely wonderful Shabbos. We should be Zoche to serve Hashem under all circumstances that come our way, L’chol Eis Asher Tachas Hashomesh. Life has many different aspects, many different things that cross our path. We have to learn to serve Hashem whatever crosses our path. There is a Cheit Ha’eigel Parsha there is a Binyan Hamishkan Parsha. So much that transpires in the life of a person. Whatever comes your way, use it to serve HKB”H B’simcha. A Gutten Shabbos to one and all.