Shavuos: The Shaagos Aryeh on Birchas Hatorah D'Oiraisa or D'rabbanan

Top rest. Okay, friends. We have an amazing timely topic today in preparation for the Yom Tov of Shavuot. And a gishmaka maracha in the Shagas Ariye. And it also, don't tell anyone, happens to be the Bar Mitzvah of Shetel of Naftali Aaron Goldstein. So, I pulled that from my notes. It's a very very uh timely, relevant, and literally on the page of our Gemara. The Gemara says on Nedarim Perek Aleph, U'mibnei Ma'in metzuyin talmidei chachamim letzei's talmidei chachamim mibneihem. Why are Torah sages Do why do they not frequently produce talmidei chachamim? Amar Rav Yosef, "Shelo yomru Torah yerusha hi lahem." So, that people don't say they have ownership over it. And that they inherited it. Rav Sheishta said Rav Idi omer, "Kedei shelo yisgagu ala tzibbur." So, they don't come to dominate, domineer. Mar Zutra omer, "Mibnei shehein misgabrin ala tzibbur." As a punishment for domineering the tzibbur. Rav Ashi omer, "Mishum dikaru le'inshei chamarei." They called people donkeys. Ravina omer, "She'ein mevarhin betorah techila." Ravina says because they don't make birchas haTorah. Da amar Rav Yehuda amar Rav, "Mai disiv, 'Mi ha'ish hahacham veyavineihu zos?'" Davar zeh nishal lechachamim velanevi'im. This matter was asked to the sages and the prophets. Velo peirshu, they didn't explain it. Ach peirshu Hakadosh Baruchu ba'atzmo, dichsiv, "Vayomer Hashem el Ozam es Torasi." Hainu lo sham'u bekoli, hainu lo halchu ba. Amar Rav Yehuda amar Rav, "She'ein mevarhin betorah techila." Now, I want you to take notice of the Why talmidei chachamim don't frequently produce talmidei chachamim? Rav Yosef, Rav Sheishes, Mar Zutra, Rav Ashi, Ravina. Now, we know Rav Ashi >> [clears throat] >> was one of the redactors of the Gemara. We spoke about that in the last Eyon Share, remember? This past week, we spoke how Rav Ashi put together the Gemara, but he also put it together together with Ravina. There was more than one Ravina. There was an earlier Ravina and a later Ravina, Ravina Basra. Seemingly, this is Ravina Basra, because he's mentioned after Rav Ashi. Okay? Just take note of that. The topic we're going to speak about today is the status of Birkhas haTorah. It's a um amazing topic. And b'siyata d'Shmaya, I hope to um I hope this is very kashmak. Okay? We're going to learn the shtikel of the Shagas Aryeh in siman chof daled. Says the Shagas Aryeh, the Shagas Aryeh begins by dealing with the shaila if somebody is masupak if they made Birkhas haTorah, do you need to repeat the bracha mi'safek? Or is it like all other brachos d'Rabbanan that safek d'Rabbanan l'kula? Says the Shagas Aryeh, >> [clears throat] >> the Ramban in the sefer HaMitzvos, at the end of chelek asim mitzvas lav writes, "Mitzva she'netzavinu l'hodos l'Shem Yisbarach. There's a mitzva we're commanded to thank Hashem b'chol eish she'nikra baTorah, whenever we read the Torah, al haTova ha'gedola she'asa lanu, for the great benefit that he did for us, b'si'to Torah se'yenu, by giving us the Torah, ha'ma'asim ha'retzuyim, and he let us know the actions that are desired by him. That through them we will inherit the world the world to come. The same way we are commanded to make a blessing after we eat, we're commanded to thank Hashem before we learn. Says the Rambam says the Ramban says the Shaagas Aryeh that means the Ramban holds it's a mitzvah de'oraisa to make a bracha before one learns Torah. If so, if so safek Well, I got to say safek emes veyatziv. The Ramban clearly holds Birkas HaTorah is de'oraisa. Fine. >> [clears throat] >> The Rambam however, friends does not list Birkas HaTorah as one of the mitzvos de'oraisa. And the Shaagas Aryeh is troubled why? If you look in the next page where Rambam says for now The any of the llama Okay, I don't know why. The Rambam does not list it and the and the Shaagas Aryeh says I don't know why. The Shaagas Aryeh now marshals the Gemara in Brachois to prove that Birchas HaTorah is d'oraisa. The divrei HaRamban mevu'arim bahegya baGemara d'amin an hasam amar Rabbi Yehuda minayin Birchas HaMazon achal u'manach Torah shenemar v'achalta v'savata u'verachta. The Gemara Brachois says how do you know you have to bench biblically? It cites the pasuk v'achalta v'savata u'verachta. Says the Says the Ramban Says the Gemara and how do you know Birchas HaTorah before you learn it's mid'oraisa? Shenemar ki shem Hashem ekra havu gadol. >> [clears throat] >> So it says Birchas HaTorah lifanav dumya d'Birchas HaMazon. Right? Think about it. The Gemara says how do you know Birchas HaMazon? V'achalta v'savata. How do you know Birchas HaTorah? Ki shem Hashem ekra. That means the Gemara is comparing Birchas HaTorah to Birchas HaMazon. The Gemara is comparing Birchas HaTorah before to Birchas HaMazon after. So just like Birchas HaMazon after is d'oraisa, Birchas HaTorah before should also be d'oraisa. In other words, says the Shagasari in the very same Gemara that the Gemara says how do you know that benching How do you know benching afterwards? That very Gemara says how do you know Birchas HaTorah before? So presumably, just like benching afterwards is d'oraisa, Birchas HaMazon Birchas HaTorah before is also d'oraisa. V'oid. The Gemara says the opinion of Rabbi Yochanan. Says the Gemara that we learn out Birchas HaMazon lifanav mi'Birchas HaTorah from a kal v'chomer. The Gemara wants to make a kal v'chomer that Brachois are d'oraisa from a kal v'chomer. Madach Torah you don't make a bracha after You make a bracha before. M' zayin that you make a bracha after, certainly you need a bracha before. Right? You hear the kav v'chomer of Rebbe Yochanan? Rebbe Yochanan says, "In my opinion, brachas are d'oraisa." And we learn that from Birkas HaTorah. Because of Birkas HaTorah, you don't make a bracha after, you make a bracha before. Ha m'zayin that you make a bracha after, certainly you should do it before. Question. If you're learning out a Birkas HaM'zayin before food from Birkas HaTorah, obviously Birkas HaTorah has to be d'oraisa. And it's learned out from Ki Shem Hashem Ekra, and it must be a drasha, not a s'machta. Because if Birkas HaTorah before was only a d'rabbanan, then you'd only be able to learn out that brachas on food are d'rabbanan. But we already know they're d'rabbanan. The Gemara already said that assur l'adam l'ihanos b'olam hazeh b'lo bracha. So, obviously Rebbe Yochanan is trying to learn out that brachas are d'oraisa. But he's learning it out from Birkas HaTorah. So, Birkas HaTorah d'rabbanan, how in the world is Rebbe Yochanan trying to derive that brachas on food are d'oraisa? It must be what what Rebbe Yochanan is saying is that Birkas HaM'za Birkas HaTorah is d'oraisa. And yet you don't make a bracha after, so on food that you make a bracha after, certainly you have to make a bracha before. But it's all predicated on Birkas HaTorah being d'oraisa. He says, ahem, >> [clears throat] >> u'medi al Birkas HaM'zayin l'fanei Birkas HaTorah m'kav v'chomer, sh'ma minah d'Birkas HaTorah l'faneha hava d'oraisa m'krov d'Ki Shem Hashem Ekra, b'drasha g'murah. It's an outright drasha, v'lo s'machta b'alma. D'im kein, hai kav v'chomer d'Rebbe Yochanan, burgers are Muslims a fun of the Torah in Allah Amazon. Why would you have to learn that out from the we all know that? Like it says also lay on us by a blow car. I mean stomach a show there's no brocha after you learn because there's in sheer. Okay, you can make a brocha when you're about to go to sleep. But Right, it is stomach a show but what would you like to learn seemingly is trying to do is trying to learn out brocha a brocha before eating is the right show. And that would only make sense if because that Torah before was the right show otherwise you couldn't learn it out. Cuz if he's trying to learn out that brocha before the right show we we already know that. So you want to know what does this have to do with the Gamara Nedarim? The Shagas Ari offers one last proof. Cuz in Masakh the Brocha is Ravina holds because that Torah is the right show now. But watch this. Matzino in the baby may have the parrot bash with the Nedarim we could bring a Raya from the Gamara Nedarim that because that Torah is the right show look at this. Omar Ravina Shma me know says the Shagas Ari and the if it would be on, then how could the Yirmiyahu be saying that they were punished because they didn't make Torah? If it was there were there was no in the times of Yirmiyahu. Here the the Yirmiyahu says, why was Yushalayim destroyed? Because they didn't make Torah. But there were no in the times of Yirmiyahu Navi. He says the image of ain't no the ancient like technology of the voice. I think that's an active Yirmiyahu who come a Dory over Yamin over Yamin of a nice gun. He says this you could push off. That they were in Torah in the time of Yirmiyahu. But the text wasn't enacted yet. So maybe really because of that is on and in the times of Yirmiyahu it was already enacted. No, says the you ready for the ya? It can't be that Yushalayim would have been destroyed and would have suffered such a terrible punishment if it was only on. The fact that it's a ya the fact that they were punished that Yushalayim was destroyed, it must be Torah is a ya. We come near the issue God will call the old over there of the Yirmiyahu have a minute Torah the image of on lawyer who you ruin the old God will taught us. By the way, the pre-K in our semen mem Zion brings the same Raya. Here the pre-K brings a Raya because that Raya otherwise you won't have been punished so severely. The pre-K the pre-K adds the fact that the tour sites that you shall lie him was destroyed because they didn't make so the pre-K is a Raya because that Raya is a Raya. Well, the higher according to the run that the was that they didn't have doesn't really make a difference whether it was or not. It was the mindset. The mindset is that they weren't learning so it's the breath is only symptomatic of it. So what does it make a difference? If it's a or not. Mhm. Okay. I hear. If it if it would be the rabbinin then perhaps it wouldn't be symptomatic of such an egregious lack of law. But if it's a Raya so maybe it's symptomatic of a more fundamental Yeah, I hear your point. What would the Rambam say to the to this question of the Shagas Arye or the Pri Chadash that the fact that they were punished so severely, doesn't that indicate that Birchas haTorah is d'oraita? And the footnotes on the Shagas Arye that the Rambam himself in his Tshuvas Perach haDor interprets this Gemara completely differently. And it's quoted in the Shita Mekubetzes in Bava Metzia that when the Gemara says shelo berchu baTorah t'chila what it means is that the halacha is a Kohen gets the first aliya only [clears throat] if he's equal or greater than the other talmid chacham in present. But the Kohen does not take precedence over talmid chacham. That's the real halacha. Shelo berchu baTorah t'chila means they did not give the talmid chacham the first aliya instead of the Kohen. And that caused a downgrade to kavod haTorah. Halachically, the talmid chacham gets the aliya over the Kohen. By the way, I've seen in shuls straight out. They're Kohanim there, they call up the rabbi for Kohen. So that's the opinion of the Rambam. And the Rambam says not doing that is so severe that that's why Yerushalayim was destroyed. Now, let's go back to the Shagas Arye for a moment. Says the Shagas Arye, where do I get it from that the fact that we were punished so severely means that it must be a d'oraita. Hashem punishes for d'rabannan also. So he says the Chiga Avna Kasu Tosafos in the seventh perek of Sota. The Gemara says that Klal Yisrael said to Agrippas Hamelach, "You're our brother." So, the Gemara says at that moment Klal Yisrael was chayav to be destroyed cuz they flattered Agrippas. Says Tosefos, "It must be that Agrippas was not fit to be king mid'Oraisa, even though his mother was Jewish." Right, we always say, uh, "Does it apply to everyone?" No, only if your mother is Jewish. Not necessarily true by a king. A king, it's not enough for his mother to be Jewish. His father has to be Jewish. Is that d'Oraisa or d'Rabbanan? Tosefos says it must be d'Oraisa because if it would only be d'Rabbanan, we would not have been punished so severely. Now, says the Shaagas Aryeh, "This is all fine and great, but this is only the opinion of Ravina." This is Ravina's opinion. Look at this. "Amar Ravina Shuba Sura mimeni Mayan mitziltani min hamavet mimeni mishum shem Hashem baruch hu tamid chila." And then the Gemara brings up "V'eeda amar Rav" that proves because of Tosefos d'Oraisa, that means Ravina holds because of Tosefos d'Oraisa. And this is Ravina Sura and Abaya Sura cuz the Gemara brings Ravina after Rav Ashi. So, Ravina d'Abaya Sura holds because of Tosefos mid'Oraisa, we pasken like Ravina. Even though Ravina in Brachos holds it's d'Rabbanan. And it's not a stira because that's Ravina Kamai. Ravina in Brachos holds it's d'Rabbanan, it's the first Ravina. Ravina in Nedarim on daf peh aleph is Ravina Basra. How do I know? Cuz we bring him after Rav Ashi. And even the other Amaram here in Argaman Nedarim don't argue on Ravina. They just give a different reason why Talmidei Chachamim don't frequently produce Talmidei Chachamim. But regarding Birchas HaTorah, they don't argue. Bottom line is, says the Shaagas Aryeh, we pasken Birchas HaTorah d'Oraisa. I will tell you, I have in my notes that the Dvar Avraham, the Kovno Rav in Siman 17, Siman 27, wrote a letter to Rav Chanan and he said, "No, the Shaagas Aryeh didn't mean to bring this Gemara in Nedarim as a primary proof Birchas HaTorah is d'Oraisa. It's just an Asmachta. We already know it from the Gemara in Brachos, but you can't prove that Birchas HaTorah is d'Oraisa from this Aggadata, otherwise you wouldn't have been punished so severely." But I want to show you a great revelation. Look in the Mishnah Berurah. Mishnah Mishnah Berurah in Siman 27 brings Iyun b'Shaagas Aryeh Siman 24 d'Maseches Shevuos d'Oraisa u'Minan d'Oraisa and therefore if you're masupak, if you made Birchas HaTorah, you make it again. Now by the way, if you're masupak, you don't make all the Birchas HaTorah again, just Asher Bachar Banu, which is Ma'ulah She'b'Brachos. Now watch this. Iyun Shaarei Teshuvah who brings some Acharonim that holds no mi'safek, don't make a Bracha again. By the way, who are these Acharonim who hold Birchas HaTorah is mi'd'Rabbanan? The Chida. Says the Chafetz Chaim, "U'v'Emes Kasheh Ma'od Lismoch Aleihem." It's very difficult to rely on these Acharonim and the Chida that Birchas HaTorah is d'Rabbanan cuz many Rishonim, the Ramban, the Chinuch, the Rashba, hold Berachot Torah Deoraita. And therefore, if you're masupik, if you made Berachot Torah, you must do it again. Now, you ready for this? Says the Mishna Berurah, it's known that the punishment of someone who makes who doesn't make Berachot Torah is very great. Could somebody tell me what in the world is the Chofetz Chaim doing by saying that line? He's in the middle of a halachic discussion, is Berachot Torah Deoraita Derabbanan? He brings the Sha'agat Aryeh that it's Deoraita. He brings the Sha'arei Teshuvah who quotes the Chida who says, "Not so fast. If you're masupik, if you made Berachot Torah, maybe you shouldn't make it again." And then the Mishna Berurah says, "Very hard to rely on that opinion. So many Rishonim, Ramban, Chinuch, Rashba, hold Berachot Torah Deoraita." Of what relevance is it that we know the punishment for not making Berachot Torah is very severe? How does that come into this halachic machlokes? I would humbly assert that the Mishna Berurah is iterating the point of the Sha'agat Aryeh, that if it's such a severe punishment for not making Berachot Torah, it must be Berachot Torah is Deoraita. Otherwise, why is the Mishna Berurah Berurah bringing in in the conversation of whether Berachot Torah is Deoraita or Derabbanan? By the way, if you don't do it, there's a big punishment. Okay. Shkoyach. What what the Mishna Berurah is trying to scare us? How is this relevant to this halachic discussion? I It seems like contrary to the Kovno Rav who said, "No, it's not really so conclusive that the fact that there's a severe punishment that it's a Deoraita." I think the Mishna Berurah is citing the severity of the punishment as a proof that Berachot Torah is Deoraita. Okay? And therefore, bottom line is we hold, if you're a if you made birkas haTorah, you make it again. The Mishnah Berurah does throw in that if you already said ahava rabbah, you could be lenient because you could be yotzei birkas haTorah through ahava rabbah. Obviously, it's better to be mechaven b'feirus during ahava rabbah to be yotzei birkas haTorah. Now, here's the s'eira, here is where Shavuos comes in. What's the halacha if somebody's up all night? Do they make birkas haTorah in the morning? So, the Mishnah Berurah says later on in this siman, um [clears throat] he says v'im haya in sifkatin chof chesam haya ne'or kol ha'layla, if you're up all night, yeish omdim d'ein tzorech l'varech baboker. There are some say you don't have to make a bracha in the morning, the Chayei Adam in the name of the Pri Chadash. V'yeish omdim d'tzorech l'varech. And some say you do have to make the bracha. Ki kav'u chachamim bracha zu b'chol yom, the Rabbis enacted this bracha every day, domya d'shaar birkas ha'shachar. U'safek bracha l'hakel. So, if you're up all night, it's a masupik whether you make birkas haTorah in the morning. And safek bracha l'hakel. Safek bracha l'hakel? I thought the Mishnah Berurah said that birkas haTorah is a is a bracha d'oraisa. So, safek d'oraisa l'chumra. This question is raised by Reb Simcha Bunim Cohen in his footnotes to the book, Laws of Daily Living. It's a steer in the Mishna Berurah. Mishna Berurah began the siman by quoting the Sha'agas Aryeh that birchos haTorah d'Oraisa and therefore if you're masupak, you have to make it again. And here regarding if somebody's up all night, it's a safek whether you make it in the morning and safek brachos l'vatala. The answer should be very simple. By the way, if you look at the opinion who holds ein tzorech l'varech ba'bayis that you don't make it again in the morning, it's the Pri Chadash. The Pri Chadash who holds birchos haTorah d'Oraisa. He holds that if you're up all night, you don't make another birchos haTorah. You know why? Because you were never mafsik from the previous day. So the safek here is not a safek under d'Oraisa. Mid'Oraisa, you don't even if you say birchos haTorah d'Oraisa, it's d'Oraisa, but if you're up all night, so then yesterday's birchos haTorah is still going to work for you. The shaila is did the rabbis enact you need to say it daily even if you're up all night? That's a safek in a d'Rabbanan. Of course birchos haTorah is a d'Oraisa. But the need to say it again on a new calendar date, that would only be d'Rabbanan. So now it's a safek, a safek d'Rabbanan l'kula. Okay? That is the sugia of Nedarim pay aleph. Have a wonderful day. Um this schedule this week. The Wednesday night shiur is Tuesday night. The parsha the regular shiur. So, think I'm going to do but tomorrow I have to I'm speaking Monsey. So I might do I might do earlier tomorrow. Is like 5:45 too early for tomorrow? That's what I'm thinking. Okay, we'll be in touch. Have a good day everyone. >> [cough]