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Thursday, April 14, 2011

[KollelH blog] Achrei Mos - Kisuy HaDam

In parshas Acharai Mos (17:13) the Torah commands us in the mitzvah of kisoi hadam -covering the blood after a bird or a chaya (wild animal) is shechted. The mitzvah does not apply to beheimos (farm animals).
There is a machlokes as to the appropriate time to make the Brachah on the mitzvah of kisoi hadam. The R"Osh in the sixth perek of chullin (perek kisoi hadam) quotes the B'Hag that says the proper time to recite the brachah on the mitzvah of kisoi hadam is after the blood is already covered. Although generally we require that a brachah be recited prior to the performance of a mitzvah (over la-asiason), with regard to the mitzvah of kisoi hadam we are unable to recite the brachah prior to its performance. He explains that this is because the mitzvah of kisoi hadam is actually a part of the mitzvah of shechitah, it is the conclusion of the mitzvah. Therefore after the shechitah, prior to the covering of the blood one is in middle of a mitzvah, and one should not recite a brachah in the middle of a mitzvah. The R"Osh agrees with the B'Hag that one should not make a brachah in the middle of a mitzvah. However he argues with the B'Hag regarding the nature of the relationship that the mitzvos of shechitah and kisoi hadam share. The R"Osh says that the mitzvah of kisoi hadam is a separate mitzvah, and not a conclusion to the mitzvah of shechitah. Therefore one should recite the brachah of kisoi hadam prior to covering the blood in accordance with the general rule of over la-asiason.

The Bais Halevi (Tishuvos chelek 2 siman 14) points out an apparent contradiction in the opinion of the R"Osh. In regards to the proper time to recite the brachah on washing one's hands, there is a machlokes if the brachah should be recited prior to drying one's hands or after they are already dry. The Or Zaruah (siman 79) and the Hagaos Ashrei( Brachos 2 :11) are of the opinion that one should only recite the brachah after they have dried their hands. The R"Osh in P'sachim (1:10) and in Brachos (3:34) says that one should recite the brachah prior to drying one's hands. The opinion of the R"Osh by kisoi hadam was not to make a brachah in the middle of a mitzvah. He only argued that one make the brachah of kisoi hadam between the shechitah and the covering because he said it was a separate mitzvah, and not in the middle of the mitzvah. Since the drying of one's hands is surely not a separate mitzvah from the mitzvah of washing one's hands, the time in between washing and drying is considered in middle of a mitzvah. In consistence with his opinion by kisoi hadam, the R"Osh should hold that one not recite the brachah until after he dry his hands!

The Bais Halevi answers that we must properly define what is considered "in the middle of a mitzvah". In order to be considered the middle of a mitzvah there must have already been completed a functioning initial part of the mitzvah. In the example of the mitzvah of shechitah and kisoi hadam, the shechitah is functioning and complete after the shechitah regardless of whether the kisoi hadam is ever completed. The shechitah works and one may eat the meat even if the blood is never covered. Therefore should kisoi hadam and shechitah be viewed as one mitzvah, we would consider the time after the shechitah to be in middle of a mitzvah. Whereas regarding the mitzvah of washing one's hands, the time after washing one's hands until they are dried is not considered the middle of the mitzvah. This is due to the fact that without drying one's hands the washing does not work. One may not eat until he has dried his hands. Therefore the time after one washes his hands before they are dried is not considered the middle of the mitzvah since there has not yet been a functioning part of the mitzvah completed. Although a certain aspect of the mitzvah has technically begun, we consider this point to still be the beginning of the mitzvah. Therefore the R"Osh is consistent in saying that one should make a brachah prior to drying his hands.

For questions and comments about this column email: RabbiRFuchs@gmail.com

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Posted By KH to KollelH blog at 4/14/2011 11:39:00 PM

Friday, April 1, 2011

[KollelH blog] Tazria - Bris Milah

In the beginning of this week's parsha, the Torah writes that on the eighth day after a baby boy is born he should have his bris mila(circumcision). Several Achronim ask the following interesting question regarding this mitzvah. The Gimorah in kidushin (82 a) says that Avraham Avinu kept the entire Torah, even though it was not yet given. Why then did Avraham Avinu not perform a bris mila on himself earlier? Why did he wait until he was commanded to do so at age ninety nine?
The Brisker Rav answers that Avraham kept the entire Torah even though it was not given. However certain mitzvos due to the lack of their existence were impossible for him to perform and therefore were not considered as if he didn't perform them. The mitzvah of Bris Mila is to remove the arlah (foreskin). Before Avraham was commanded to perform a Bris Mila there was no concept of arlah. Prior to the commandment to remove the arlah there was no distinction between the foreskin and the rest of the skin, since the foreskin was not yet considered arlah. Only once the Torah commanded him to remove the arlah, did the foreskin become arlah. Therefore prior to the commandment Avraham could not perform the mitzvah of Bris Mila.

With this understanding we can also answer another question. The passuk in parshas Lech Licha (17: 3) says that when Hasem spoke to Avraham regarding the mitzvah of Bris Mila, Avraham fell on his face. Rashi explains that he fell on his face because he was an arel (uncircumcised). We find that Hashem spoke to Avraham many times before this episode, why only now did Avraham fall on his face as a result of him being uncircumcised? According to the p'shat of the Brisker Rav that prior to his commandment to be circumcised the foreskin was not considered arlah, we can understand why Avraham never had the need to fall on his face while talking to Hashem until this time; because before this commandment he was not considered an arel.

Although the Brisker Rav said that prior to Avraham being commanded to perform a Bris Mila the arlah did not attain the status of arlah, the same does not apply to a baby boy before the eighth day. For even though he is not commanded to perform a Bris Mila until the eighth day, the fact that the Torah has already commanded us in the mitzvah of Bris Mila is sufficient to render the foreskin an arlah. We see this from the Gimorah in Yivamos (71 a) that asks whether a baby boy before the eighth day is considered an arel or not. If he is considered an arel one would not be permitted to rub oil made from Tirumah on him. The Gimorah entertains the possibility that a boy before the eighth day is considered an arel because he is commanded to perform the mitzvah of Bris Mila only at a later time, whereas Avraham was never commanded to perform the mitzvah at all.

Another example of a mitzvah that prior to its being commanded the concept did not exist is the mitzvah of Kiddushin. Although there was a form of marriage before the Torah was given it was a different status. With this the Brisker Rav explains how Yakkov Avinu was permitted to marry sisters. He explains that only under the new status of kiddushin marriage is it forbidden to marry sisters, whereas the marital status that existed prior to the giving of the Torah did not prohibit marrying sisters.

There is another answer to the question of why Avraham did not perform the mitzvah of Bris Mila prior to being commanded to do so, even though he kept the rest of the Torah. Bris Mila is a bris (covenant) between two parties. Before the other party agrees to a covenant there cannot be a covenant. Therefore prior to being commanded to perform a Bris Mila Avraham could not do so on his own for it would not be a bris (covenant).

For questions or comments about this column email: RabbiRFuchs@gmail.com

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Posted By KH to KollelH blog at 4/01/2011 05:47:00 PM