Bava Metzia 61

The Talmud makes notice of something I have often noticed! That some of our Torah commandments end with mentioning the exodus from Egypt.

Rava says: Why do I need the mention of the exodus from Egypt that the Merciful One wrote in the context of the halakhot of the prohibition against interest (see Leviticus 25:37–38), and the mention of the exodus from Egypt with regard to the mitzva to wear ritual fringes (see Numbers 15:39–41), and the mention of the exodus from Egypt in the context of the prohibition concerning weights (see Leviticus 19:35–36)? Rava explains: The Holy One, Blessed be He, said: I am He Who distinguished in Egypt between the drop of seed that became a firstborn and the drop of seed that did not become a firstborn, and I killed only the firstborn. I am also He Who is destined to exact punishment from one who attributes ownership of his money to a gentile and thereby lends it to a Jew with interest. Even if he is successful in deceiving the court, God knows the truth. And I am also He Who is destined to exact punishment from one who buries his weights in salt, as this changes their weight in a manner not visible to the eye. And I am also He Who is destined to exact punishment from one who hangs ritual fringes dyed with indigo [kala ilan] dye on his garment and says it is dyed with the sky-blue dye required in ritual fringes. The allusion to God’s ability to distinguish between two apparently like entities is why the exodus is mentioned in all of these contexts.

So, here we learn that every time the Torah mentions that God let us out of Egypt after mentioning a law – it’s because violating that law might not be something that others will notice – but GOD knows!

My favorite ending for a Torah commandment is when God throws in “I am Adonai your God.” That happens when God is explicitly telling us how to treat other people, in particular those who have little protection in society (the poor, the orphan, the widow, the stranger). It’s like saying, “they might not have powerful relatives who will hold you accountable, but I, God, will hold you accountable!”

So, watch what you’re doing, because God is.

Bava Metzia 60

No false advertising! That’s today’s gem.

The mishna taught: One may neither adorn a person, nor an animal, nor vessels. The Sages taught: One may neither stiffen the hair of an animal to create the impression that it is more voluminous than it is, nor inflate innards sold as meat to create the impression that it is a more substantial piece of meat, nor soak meat in water in order to change its color and create the impression that it is a choice cut. The Gemara asks: What is the meaning of: One may not stiffen the hair of an animal? Here, in Babylonia, they explained that it means to feed the animal bran water, which inflates its intestines and causes its hair to stand on end. Ze’eiri said in the name of Rav Kahana: It means scrubbing the hair clean to increase its volume.

This makes me think of salmon. . . and how 70% of salmon is not pink, but dyed! (You can read more here.) But it’s not just salmon, I make challah (exempting Pesach) and have to make sure to buy non-bleached wheat (because, you know, bleach is a poison). There are lots of other examples, but we should just be weary that the FDA apparently does not have the same standards as the Talmud.

Bava Metzia 59

One of the most famous stories from the Talmud happens to be on our dad today. it’s a story of two famous and powerful rabbis disagreeing over if an oven is kosher or not miracles happen proving a point a voice comes from heaven, and even that is not enough to overrule the Rabbis

On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him. After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree. Rabbi Eliezer then said to them: If the halakha is in accordance with myopinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leanedinward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, Heaven will prove it. A Divine Voice emerged from Heaven and said: Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion? Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

The story reminds us that we are one community, and that we have to work together to decide what’s best for society. But the story doesn’t end here… they ostracize Rabbi Eliezer. Even though God in heaven said he was right they kick him out. And what does he do?  

Rabbi Eliezer too, rent his garments and removed his shoes, as is the custom of an ostracized person, and he droppedfrom his seat and sat upon the ground. The Gemara relates: His eyes shed tears, and as a result the entire world was afflicted: One-third of its olives were afflicted, and one-third of its wheat, and one-third of its barley. And some saythat even dough kneaded in a woman’s hands spoiled. The Sages taught: There was great anger on that day, as any place that Rabbi Eliezer fixed his gaze was burned. And even Rabban Gamliel, the Nasi of the Sanhedrin at Yavne, the head of the Sages who were responsible for the decision to ostracize Rabbi Eliezer, was coming on a boat at the time, and a large wave swelled over him and threatened to drown him. Rabban Gamliel said: It seems to me that this is only for the sake of Rabbi Eliezer ben Hyrcanus, as God punishes those who mistreat others. Rabban Gamliel stood on his feet and said: Master of the Universe, it is revealed and known before You that neither was it for my honor that I acted when ostracizing him, nor was it for the honor of the house of my father that I acted; rather, it was for Your honor, so that disputes will not proliferate in Israel. In response, the sea calmed from its raging.

What a beautiful story. Magic, miracle, pain, empowerment… all to teach us that 1) it’s up to us to make this world a better place and no one else; and 2) the danger of humiliating someone.

Bava Metzia 58

So many wonderful lines on todays daf, but this is my gem:

If torments are afflicting a person, if illnesses are afflicting him, or if he is burying his children, one may not speak to him in the manner that the friends of Job spoke to him: “Is not your fear of God your confidence, and your hope the integrity of your ways? Remember, I beseech you, whoever perished, being innocent?” (Job 4:6–7). Certainly you sinned, as otherwise you would not have suffered misfortune.

I was just visiting a woman at the hospital who has cancer. She asked me how I thought about cancer when I was diagnosed (10 years clear!!) in terms of God and why it happened to me.

This Talmudic teaching reminds us that we can’t understand why things happen, but that telling someone (even ourselves) that tragedy has befallen us because of something we did is wrong, unhelpful and also hurtful.

Bava Metzia 57

I remember my mom getting a birthday card one year and laughing so hard she was crying. I asked what was so funny and she said that the card was for a 30 year old and she was laughing because her friend said “I know you’re not 30 but it’s what the store had and what’s a few years between friends?”

I didn’t get why it was so funny, but my mom was always generous with her laughter.

We have been learning that a little overpaying or underpaying, as long as it’s not more than 1/6 the worth, is forgiven and no one sues or counts as being exploited. What’s a few dollars between friends?

On today’s daf though, we learn that any amount or overcharge or underpayment, no matter how small, is acceptable when it comes to the Temple.

According to the Rosh, in regard to property owned by the Temple, there is no one in a position to “forgive” a small overcharge, so even a small amount would be considered exploitation.

If you’ve even gotten a tax bill, or hospital bill, for a few dollars because your calculations were only slightly off, then you get it. A few dollars between friends is nothing. But between you and the government? Expect to be reminded and maybe even threatened until it’s paid.

Bava Metzia 56

I am not a big fan of wrapping paper. It’s beautiful and makes gifts seem very special – that I admit. But it’s wasteful, bad for the planet and a pain. So, when I do wrap gifts, I like to use old newspapers. Now that we don’t have so many newspapers as the news is on line, I try to reuse other things. That’s why I liked hearing this on the daf.

Documents are excluded, as they are not sold themselves and they are not acquired themselves. They have no intrinsic value, and they exist only for the proof therein.

Papers have no value, it’s the ideas in them that are valuable. And…

From here the Sages said: In the case of one who sells his documents that are no longer in use to a perfumer for use in packaging his wares, they are subject to the halakhot of exploitation because he is selling the paper itself.

Yes!! The papers are reused to wrap goods!!! My reusing is from the Talmud!

So, besides feeling vindicated for using old newspaper and paper to wrap gifts, I do think that there’s a beautiful message in the idea that the real value of a piece of paper is what is written on it, and the ideas contained within it. Maybe that’s true for us as well. 

Bava Metzia 55

Today’s gem:

Rava says: Rabbi Elazar found the halakha in the mishna with regard to teruma of the tithe of demai to be difficult. He asked: And since the obligation to tithe demai is by rabbinic law, did the Sages reinforce their pronouncements and render them parallel to Torah law by requiring the addition of one-fifth when paying restitution?

I love this!! The Talmud takes a lot of time making distinctions between laws that are from the Torah and laws from the rabbis. Supposedly, this is to show different weights with laws from the Torah having more gravity. But in practice the rabbis often give their laws as much or, on occasion, even more weight than Torah law!

It’s Passover as I write this. The Torah has many rules about how to observe this holiday, but the rabbis give us so many more! One notable difference is how they expand the food limitations. As a kid growing up in Ft Wayne Indiana, eating during the week of Passover was a struggle because we followed the Ashkenazi rabbinic rules and didn’t eat rice, corn, legumes or any derivatives of these items. In comparison, Sephardi Jews who followed more closely to what the Torah proscribed could eat all those foods. Now that the rabbis in Israel and in the conservative movements have said rice, corn, and legumes are fine- my Passover is truly a joy.

Bava Metzia 54

We just had an “Under the Sea” themed Shabbat for little kids. A grandfather there said he was going to wear a lobster cow but thought it wasn’t kosher. I pointed out that kosher means we can’t eat lobster, not that we can’t dress up like one. On today’s daf, we get rules about paying a 1/5th tax on terumah. Within this we get the following definition of what it means to consume an item.

One who partakes of teruma unwittingly pays the principal and an additional one-fifth. This is the halakha whether it concerns one who partakes of terumaor one who drinks it, or one who applies oil to himself; or whether it is ritually pure teruma or ritually impure teruma. He pays its one-fifth payment, and if he partook of that one-fifth, he pays one-fifth of its one-fifth.

So, eating, drinking or applying! That last part, applying is new. So, let’s dig a little bit deeper. Does this mean we can only use kosher lotion? Kosher makeup?

The Tosafot in Yoma 77a cites Rabbeinu Tam who says that a person is allowed to anoint himself with forbidden fats, since the concept of “Sichah k’Shtiyah” applies only to Terumah, Yom Kippur, and certain specific “prohibitions of pleasure.” Ranneinu Tam adds that even in these cases it’s a rabbinic law and not a Torah law.

What’s the take away? Your make up doesn’t have to be kosher unless you’re giving it to a priest. 😉

Bava Metzia 53

To understand today’s daf, you need to understand the differences between the different “donations” (more accurately taxes) that one was charged as a member of the Jewish community. I found this here: https://steinsaltz.org/daf/bavametzia53/ and find it to be very helpful.

  1. Bikkurim – the first fruits of the harvest that are brought to the beit hamikdash (Holy Temple) and given to the kohanim (Priests)
  2. Teruma gedola – a portion of the harvest given to the kohen. He can use it in his home for normal purposes, but it must be treated as kodshim, preserved (when possibly in a state of ritual purity, only consumed by kohanim, etc.)
  3. Ma’aser rishon – a portion of the harvest given to the levi. It has no kedusha (holiness) attached to it and it can be used for any purpose.
  4. Ma’aser sheni – a portion of the harvest that is taken by its owner to Jerusalem, where he can eat it on his own or give it to others, but it must be kept tahor and only eaten within the precincts of the city.

The daf today asks about that additional 1/5 (my gem): Apropos the additional payment of one-fifth, a dilemma was raised before the Sages: Is the payment of one-fifthcalculated from within, i.e., one-fifth of the value of the redeemed item, or is the payment of one-fifth calculated from without, meaning one-quarter of the value of the redeemed item, which is one-fifth of the eventual payment, i.e., the principal plus the additional one-fifth? 

I love this because it’s the question I struggle with when tithing. We tithe 10-20% of our income (up to 1/5!). So, is that pre-or post tax? If post tax, does any percentage of our taxes count towards tithing?

It was certainly more straight forward when all the taxes and the tithing all went to the same place.

Bava Metzia 52

What do we do with money that’s eroded and can no longer be circulated? Here is a picture of a bronze from the second year of the first Jewish revolt against Rome in the year 67 CE. The reverse legend is “The Freedom of Zion” in Hebrew. You can see that there are holes drilled in the coins. Why? Maybe today’s daf can explain.

To what extent can the coin erode and it will still be permitted for one to maintain it as a coin? With regard to a sela, it can be used as a sela until it erodes so that its value reaches one shekel, i.e., half a sela. With regard to a dinar, it can be used as a dinar until it erodes so that its value reaches one-quarter. Once it erodes to the point where its value reaches an issar less than that, it is prohibited to spend it. He may not sell the invalidated coin to a merchant, nor to a violent man, nor to a murderer, because they deceive others with it or force them to take it. Rather, he should perforate it and suspend it as an ornament on the neck of his son or the neck of his daughter.

Wait? Are these coins that turned to jewelry? The hole here can be a sign of no longer being able to use it as currency, or as a sign that it was worn as an outward sign of solidarity in the struggle for Jewish independence. The daf is written later, after the rebellion, and so one may wonder if we can still sport such rebellious jewelry!

The Master said in the baraita: If a coin greatly depreciated he should perforate it, and suspend it as an ornament on the neck of his son or the neck of his daughter. And the Gemara raises a contradiction from a baraita: With regard to an eroded coin, one should not make it a weight among his weights, nor cast it among his metal scraps [gerutotav], nor perforate it and suspend it on the neck of his son or the neck of his daughter, lest he come to use it by mistake. Rather, he should either grind it or melt it, or cut it into pieces, or take it and cast it into the Dead Sea.

Hmmmm . . . so apparently, no, we weren’t supposed to wear coins as jewelry in case we accidentally try and spend it.

By the way, there are jewelers today who make their whole living on coin-jewelry. I wonder how legal that is . . .both under American and Jewish law.

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