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On פרשת בהר בחקתי at the beginning we have the דין of שמיטה and
there's lots of significant רמב"ןs on שמיטה but nevertheless I think we're going to
not spend too much time on that because I want to get to some
of the other רמב"ןs in the continuation.
Okay,
the רמב"ן discusses why שמיטה's mentioned at this part of the Torah.
He quotes the אבן עזרא and he himself has a different פשט but I
think it's not totally different that just as he says that there was a
ברית made with the Jewish people in פרשת משפטים,
a ספר הברית which included a bunch of מצוות including them the שמיטה and
then the Jewish people they were מפר that ברית,
there's a need to מחדש that ברית and when you מחדש the ברית,
so their מצוות were many of those מצוות were repeated in פרשת כי תשא
but שמיטה wasn't repeated yet and needs to mention it again and it's mentioned
over here because שמיטה's one of the conditions for being able to live in
ארץ ישראל just as עריות is one of the conditions for not violating עריות
is one of the conditions so also observing שמיטה as well.
Okay,
in any case skipping to פסוק ה,
את ספיח קצירך,
let's give somewhat of an introduction,
maybe we read a little bit inside.
The produce during the שמיטה year in principle is something that it is permissible
to eat.
The Torah says והיתה שבת הארץ לכם לאכלה.
One is not meant to harvest it as his own in the sense of
harvesting all the crops,
it's meant to be מפקיר it and also allow others to harvest as well.
But in principle it is מותר to eat.
So when the Torah says לא תקצור לא תקצור,
that means don't harvest it in the normal fashion,
don't harvest all of it rather meant to also let others do so.
What by the way is the expression וענבי נזיריך?
So רש"י says נזיריך in this context doesn't really mean נזיר but וענבי נזיריך
the ענבים that you prevented other people from harvesting,
you fenced off the ענבים of a vine that you improperly fenced off during
the שמיטה year.
The רמב"ן understands that a כרם which is not attended,
which is not taken care of is referred to as כרם נזיר in the
sense that just as a נזיר doesn't enter his כרם,
so a כרם that's not taken care of is called in וענבי נזיריך.
And after all during the שמיטה year one doesn't take care of his vine
and therefore the Torah says of that vine during the שמיטה year you're not
meant to not meant to harvest it as if it's all your own.
Okay,
in any case there's some מחלוקת in ראשונים which the רמב"ן makes reference to
concerning the following.
Let's say one was not מפקיר his field during the שמיטה year,
does that אוסר the fruits or not אוסר the fruits?
רמב"ן takes the position that not.
There's what's called משומר ונעבד.
Nowadays there's a מחלוקת between מנהג ירושלים and מנהג בני ברק about that,
about משומר ונעבד,
a field that was guarded,
that wasn't הופקר,
or a field that was worked during the שמיטה year,
does that אוסר the fruits or not אוסר the fruits?
רמב"ן says that it does not.
Okay,
another point that's here in the רמב"ן is the following.
There is an איסור ספיחים.
Let's point out the הלכה distinguishes between fruits on one hand and vegetables and
grain on the other.
Fruits,
if one plants fruits this year,
plants a tree this year,
you're only going to have fruits sometime down the road,
and you plant a tree in year X and a number of years later
you have fruit.
Grain and vegetables something that needs to be planted again every year.
So with respect to fruits there's no חשש that if we allow you to
eat the fruits during the שמיטה year,
allow you to eat apples,
oranges,
grapes during the שמיטה year,
there's no חשש that a person will plant during the שמיטה year and say,
'Ah I didn't plant during the שמיטה year,
I planted last year,' because If you planted during the שמיטה year,
then it's not gonna,
you're not gonna have fruits from your,
you're only gonna have fruits in another number of years,
but grain,
vegetables there's a חשש.
One theoretical חשש that if we allow a person to eat grain and vegetables
that grow on their own,
a person might claim that these,
that this stuff grew on its own and really he planted.
And therefore there is an איסור ספיחים which does exist.
Okay.
Is this איסור ספיחים a דין דאורייתא or a דין דרבנן?
So we פסקן it's a דין דרבנן,
not a דין דאורייתא.
Rabbi Akiva understands it's דין דאורייתא based on the פסוק את ספיח קצירך לא
תקצור.
ספיח,
ספיח is something which is added on to,
meaning something which grew on its own,
something which sort of added on to the grain of last year,
i.e.,
if something fell from the grain when you were harvesting,
something like that,
then it grew on its own.
So Rabbi Akiva understands that ספיחין is an איסור דאורייתא,
but the רמב"ן says no.
We פסקן that ספיחין is an איסור דרבנן because of that גזירה that I
mentioned before.
Okay.
Also in connection with that,
let's mention the following.
You learn משניות שביעית and you're bothered by the following problem.
On one hand,
the הלכה says an איסור ספיחים,
on the other hand it speaks of vegetables of which have קדושת שביעית which
one is allowed to eat.
So how do you resolve the איסור ספיחין which says you're not allowed to
have vegetables or grain products that grew on their own with that which the
משניות indicate that there are cases of vegetables that you're allowed to eat that
grew in the,
that have קדושת שביעית that you're allowed to eat?
So the רמב"ן says that the story is the following.
Let's say a person,
we know that what determines קדושת שביעית by vegetables,
let's say,
is the לקיטה.
If it was picked during the שביעית year,
then it has קדושת שביעית.
So let's say now it's right after צום גדליה of the שמיטה year,
and I pick some carrots.
So those carrots,
will they be אסור by איסור ספיחים?
Says רמב"ן,
no.
Why not?
They will have קדושת שביעית because they were picked during the שמיטה year,
but they won't have איסור ספיחים.
Why?
Because the whole איסור ספיחים is a חשש that a person planted it during
the שמיטה year and just claims that it grew on its own.
But hey,
if a person plants something during the שמיטה year,
if I plant something let's say on ראש השנה,
on ראש השנה I come back from שול and I plant something during the
שמיטה year,
so it's not going to give me,
it's not going to grow by צום גדליה.
It's not going to grow so quickly.
So at the beginning of the שמיטה year,
let's say it takes vegetables a month to grow,
whatever,
certain vegetables take a month to grow,
during the first month of the שמיטה year there's no איסור ספיחים.
Why no איסור ספיחים?
Because during the first month there's no חשש that this is something which a
fellow planted during שמיטה year improperly and it grew and just claiming it was
from before the שמיטה year.
But קדושת שביעית it will have,
because what determines קדושת שביעית is the fact that you picked it during the
שמיטה year.
So that's how you could have vegetables that have קדושת שביעית but are not
אסור by איסור ספיחים.
Can you do the same thing working backwards?
At the end of שמיטה year?
Meaning something which,
I think that yes,
but I would need to think about that some more.
Okay.
In the continuation,
the רמב"ן has,
the רמב"ן discusses the concept of harvesting,
that there's an idea of harvesting in an abnormal fashion,
aside from harvesting a lower quantity,
also harvesting in an abnormal fashion,
although I think he says that that's a דין דרבנן.
Okay.
Let's also mention there's a concept of ביעור.
What's ביעור פירות שביעית?
So the story is the following.
פירות שביעית,
as we said,
aside from the איסור דרבנן of ספיחים,
פירות שביעית are permissible to eat,
they have a certain קדושה to them,
and you're not allowed to use them for coloring or for laundry,
whatever it is,
they're meant to be eaten and handled in a particular fashion.
But once there is no longer any fruit of that type that's in the
field,
then then
one needs to take whatever one did gather into the house and be מפקיר
it.
That's ביעור פירות שביעית.
It's learned from the פסוק says ולבהמתך ולחיה אשר בארצך תהיה כל תבואתה לאכול,
that the בהמות and the חיות could eat פירות שביעית.
Now,
a חיה is an undomesticated animal.
So if undomesticated animals are allowed to have them eat פירות שביעית,
so certainly the animals that you're responsible to feed can have פירות שביעית.
So what is the תורה teaching us with this phrase ולבהמתך ולחיה?
So the גמרא understands and רש"י quotes that as long as there's stuff available
for the חיה in the field,
the animals of הפקר,
then you're allowed to feed your animals the fruits which you gathered in,
but once there's no longer any stuff in the field for the חיה,
then you're not allowed to retain what you have,
what you gathered into the house for your בהמות and for yourself for that
matter,
rather you need to do ביעור.
Now,
what is the nature of this ביעור?
So ביעור is normally understood,
the רמב"ן says,
although there are different שיטות,
is to be מפקיר.
Some understand that ביעור is to destroy,
but we understand להלכה that ביעור is to be מפקיר פירות שביעית and if
you did do proper ביעור פירות שביעית,
then הלכה says,
if you מפקיר it and nobody took it,
you're allowed to gather it into your house.
But if one did not do proper ביעור on פירות שביעית,
then the fruits become אסור.
So on wine,
on certain products,
the משניות say when the שעת הביעור is.
On wine of שביעית,
I think חז"ל say the שעת הביעור is פסח of post,
פסח of post שביעית in the eighth year.
פסח,
then there's no longer any grapes that are anywhere to be found and then
the שעת הביעור.
I remember a number of years back,
so רב Zechariah Tubi,
he's the ראש כולל here,
so he had some bottles of wine of קדושת שביעית which he did ביעור
on.
He had a bunch of cartons which he did ביעור on,
which says that he's officially,
officially מפקיר,
and the people weren't aware of the fact that hey,
you don't have to take the stuff,
and people did take the stuff.
I think maybe he still had some bottles left,
but whatever.
Fine.
The רמב"ן in the continuation discusses an institution called אוצר בית דין.
What is אוצר בית דין about?
So unfortunately I don't remember all the details,
but I think אוצר בית דין is the following.
Generally speaking,
a person's not allowed to harvest a large quantity of his fruits,
rather whatever he needs,
but in theory everybody's able to come and take your,
come to your field and harvest,
but that's not a very effective way for the consumer to be able to
get that produce because not everybody could come down to your field and so
there's an institution which says that בית דין appoints people,
and these people could be the farmers themselves,
to harvest the fields and to bring them to the market,
then that's also acceptable.
So בית דין will appoint people,
very often the farmers themselves,
to harvest stuff and to bring it to the market,
and to take money,
but not money the cost of the fruit,
but just the cost of the labor.
They're allowed to take some small amount and this is called אוצר בית דין.
So in some cases where the אוצר בית דין functions in the ideal fashion,
then there's fruit of שמיטה that's available,
you know,
in the cities at a much lower price because after all,
one is not meant to take the full value of the fruit,
but the בית דין is allowed to charge,
as everyone in charge of the אוצר בית דין is allowed to charge for
the labor to pay whoever it is that was appointed by בית דין to
harvest the fruits and to bring them to the city.
So that's an institution which is discussed here in the רמב"ן,
some ראשונים are not a big fan of it,
this is based on some תוספתא,
and some are more of a fan of it.
Okay,
moving right along.
The word יובל,
רש"י says is associated,
the word יובל itself is associated with the animal whose horn is sounded.
The רמב"ן himself says that יובל refers to להוביל is something to move something
around.
So יובל is associated with movement or return,
that the fields return and the עבדים return to their original.
Okay skipping to פסוק י"ד,
י"ד י"ד is an important רמב"ן.
חז"ל say אין אונאה לקרקעות.
The דין of overcharging doesn't apply to קרקע,
which is somewhat strange in light of the fact that the case in which
the תורה discusses אונאה is when selling a field.
So how could חז"ל say אין אונאה לקרקעות?
It's true that the פסוק says או קנה מיד עמיתך and חז"ל דרשן דבר
הנקנה מיד ליד,
but to say there's no אונאה לקרקעות seems to be very much against the
simple reading of the פסוק.
רמב"ן suggests the following:
There are two aspects to אונאה.
One aspect to אונאה is the איסור אונאה.
One is not allowed to overcharge.
It's another דין of אונאה that says that if one did overcharge significantly,
then the guy that was cheated has the right to demand his money back,
to demand that the whole sale be canceled.
So when חז"ל say אין אונאה לקרקעות,
all that means is that the דין of canceling the sale,
that doesn't apply to קרקע,
but certainly also by קרקע there is an איסור of overcharging,
as would be indicated by the simple reading of the פסוק.
Okay,
ווייטער,
פסוק כ"ט,
כ"ט.
We know that if one sells a house in a walled city,
then he has up to a year to redeem it,
meaning if I sell a house in a walled city and after a number
of months I have the money to buy it back,
I could force the fellow to sell it back to me.
Once a year has passed,
that's all over.
I can't demand that he sells it back to me.
So why is this so?
Says the רמב"ן,
well,
says the רמב"ן,
we're in פסוק כ"ט,
בעבור שממכר ביתו של אדם קשה בעיניו מאד,
ובישינו באנשים קראנו.
Let's say the תורה,
people wouldn't move around like nowadays,
they move every number of years,
they move somewhere else.
So generally speaking it was considered to be a difficult,
hard for a person,
uncomfortable for a person to do such a thing,
so the תורה wanted to give the person the opportunity to buy his house
back.
But he indicates that once a year has passed,
so presumably he's found some other arrangement and he can't buy it back.
As respect to fields,
הלכה says that a field goes back at יובל,
יובל.
A house doesn't go back.
Why does a field go back?
So he says that the field,
which is the source of one's פרנסה,
that the תורה wanted a person to get it back,
if not sooner,
at least to get it back at יובל.
Okay,
in פסוק ל"ג it speaks of some concept of גאולה אשר יגאל מן הלוים.
So what's that concept all about?
So the רמב"ן says the following:
We know that let's say a person,
there's a דין of דינא דבר מצרא.
What's דינא דבר מצרא?
If I'm selling a field,
selling a house,
and I said that I'm selling it for a million dollars,
and my next-door neighbor is interested in buying it,
but also somebody else is interested in buying it,
so I'm meant to give high priority to the next-door neighbor.
That's called דינא דבר מצרא or the בר מצרא,
the guy that lives on the border,
because it's more of an advantage for him to get the house than somebody
else.
A house or a field,
after all he could build a bigger house now if he has two houses
together,
has a larger piece of property.
Okay,
along similar lines says the רמב"ן,
there was a דין which says that if a person is selling his field,
then first crack is given to the relatives.
The relative has a first crack at buying the field.
If in fact the relative decides to not buy the field,
then somebody else could buy it.
But the רמב"ן adds that if I decide to sell my field,
then before I sell to somebody else,
then there needs to be a קנין that was done with the close relative
to indicate that he's waiving his right to buy the field,
waiving his right to buy the field.
And this he says is what was going on in מגילת רות.
In מגילת רות,
so נעמי and רות are selling the field that they were entitled to from
their כתובה let's say,
and the closest relative was טוב,
also known as פלוני אלמוני,
and he waived his rights to buy the field because he didn't want what
comes together with the package.
package deal to marry רות,
and therefore בועז does a קנין,
בועז that was also relative but a cousin rather than uncle of the deceased,
so he does a קנין with פלוני אלמוני,
he gives a כלי to פלוני אלמוני,
and פלוני אלמוני picks up that כלי to indicate his seriousness in waiving his
rights to buy the field.
Okay,
skipping to אם בחקתי תלכו.
ונתתי שלום בארץ,
פרק כו פסוק ו.
ונתתי שלום בארץ and the פסוק then says וחרב לא תעבר בארצכם,
so isn't that redundant once there's שלום בארץ?
Says רמב"ן,
שיהיה שלום ביניכם ולא תלחמו איש באחיו.
ונתתי שלום בארץ means that there will be peace,
you're not going to be fighting each other,
but there still might be enemies,
so that's what the פסוק says,
וחרב לא תעבר בארצכם.
Okay,
this has to do with a certain Rabbi Schechter has once gave a talk
about the peace agreements which he began with some story/joke about which is related
to this רמב"ן,
but not for now,
those interested ask me later.
Okay,
והשבתי חיה רעה מן הארץ.
So what does this mean והשבתי חיה רעה מן הארץ?
So a מחלוקת תנאים.
רבי יהודה says that there won't be any חיות רעות in the land,
not that they'll totally be extinct,
but there in the land there won't be חיות רעות because generally speaking when
the place is civilized,
when you have people there,
then the חיות רעות don't come.
Alternatively though,
רבי שמעון says that there will be lions and tigers and bears just they're
not going to be harmful,
they're not going to damage.
Okay,
there will be a zoo.
Right,
right,
but a zoo with tame animals.
Now on one hand that latter פשט of רבי שמעון sounds like a change
בדרך הטבע,
but the רמב"ן does agree with that latter פשט of רבי שמעון and he
says a few lines in כי יהיה ארץ ישראל
בעת קיום המצות כאשר היה העולם מתחלתו קודם חטאו של אדם הראשון.
After all,
all animals were originally herbivores,
the idea of animals eating other animals and eating people is something which came
about as a result of the חטא of אדם הראשון,
then their טבע was lowered as a result of the חטא of a man,
but initially,
initially everybody was eating vegetables,
was eating grain,
and as the פסוק says in the הפטרה of the eighth day of פסח
and also the הפטרה of יום העצמאות,
אריה כבקר יאכל תבן,
אריה כבקר יאכל תבן,
the אריה will eat תבן.
Okay.
At the end the רמב"ן points out that many of the נבואות said in
ישעיהו they were destined originally they were said for the sake of them being
fulfilled at the time of חזקיהו,
because חזקיהו was meant to be משיח.
However there was some something which went wrong so to speak in terms of
the behavior of the Jewish people,
but these פסוקים will be fulfilled in the future at the time of משיח.
Okay,
skipping to פסוק יא.
The פסוק says ונתתי משכני בתוככם ולא תגעל נפשי אתכם,
I won't be disgusted by you,
which is a strange phrase,
that's the ברכה,
the ברכה says I won't be disgusted by you.
Obviously in foreign context I'm not going to be disgusted.
So the רמב"ן has some explanation מדברי but he says that some מדברי קבלה,
some mystical explanation which is beyond the course of beyond our depth.
Okay.
Now the רמב"ן points out that the ברכות set over here are נסים נסתרים
which aren't generally speaking when one sees them they don't look like a נס.
On the other hand he does point out that when these נסים happen to
the Jewish people as a whole when you have everybody involved in תורה ומצות
then it is remarkable they have one land that is just so successful in
all areas that everything is going great,
the economy is great and people are healthy and there's peace and and everybody
has wonderful פרנסה and the rain is falling like it should be.
So in a certain sense that is a when this נסתר happens on a
national level then that does in a certain sense produce something which is very
remarkable and noticeable by the rest of the world and therefore the Torah says
in the parallel פסוקים in פרשת כי תבוא וראו כל עמי הארץ כי שם
ה' נקרא עליך ויראו ממך.
Okay.
In any case to continue the רמב"ן in this section he discusses the fact
that when the Jewish people is on a high spiritual level then הקדוש ברוך
הוא deals with them in a manner that's למעלה מן הטבע and in that
context he has a famous piece where he says that a person who is
on a high spiritual level doesn't need to go to doctors.
Rather when he has עבירות then he does תשובה from the עבירות.
Something like that.
Right.
But in any case when he has an עבירה then he does תשובה and
figures out what he did wrong and that's but he doesn't need to go
to doctors.
He has some famous line ומה חלק לרופאים בבית עושי רצון השם אחר שהבטיח
ובירך לחמך ואת מימך.
Okay.
Needless to say we don't normally assume that this is viewed as a proper
הנהגה for us nowadays we don't assume we are in this מדריגה.
He points out in about eight lines before the end of this section that
חז"ל speak of the פסוק says in משפטים ורפא ירפא.
So says the רמב"ן מכאן שניתנה רשות לרופא לרפאות that permission was given לרופא
לרפאות.
It doesn't say that ניתנה רשות לחולה לרפאות because ideally speaking the חולה doesn't
go to the רופא he goes and he דאוונס.
But the רופא is allowed to be מרפא.
What's the חידוש?
The רופא is allowed to be מרפא?
Well number one you might think that if הקדוש ברוך הוא sent a מכה
then one is not allowed to go to a doctor.
Number two one might think that it's not proper to be מרפא because hey
it's true there's a good chance you're going to make the fellow better but
what if there's also a chance you're going to mess him up so maybe
שב ואל תעשה עדיף.
So no הלכה says ורפא ירפא that one has רשות לרפאות.
Of course it is extremely important for a person that is learning medicine to
try to do his best possible job because after all you know טוב שברופאים
לגיהנם.
If a person doesn't take his job seriously then that could have terrible consequences.
Okay.
פסוק ט"ו אם בחוקותי תמאסו.
So the פסוק says the following אם בחוקותי תמאסו ואת משפטי תגעל נפשכם.
So רמב"ן finds this a strange פסוק.
What's the meaning of ומשפטי תגעל נפשכם?
Which society would be disgusted with not be interested in fulfilling משפטים?
משפטים that's just so logical.
So says רמב"ן the following בעבור היות החוקים מצוות לא נגלה טעמם להמון ימאסו
אותם הכסילים they will say מה חפץ לה' שלובש הבגד הזה המורקם ברקמת שש
ותכלת what does God have against what's the issue with not wearing שעטנז or
פרה אדומה.
So that's אם בחוקותי תמאסו.
But משפטים says רמב"ן that's difficult to understand at first glance.
ומשפטי הכל חפצים בהם והכל צריכים אותם.
אין יישוב לעם ומדינה בלא משפט.
לא תגעל נפש שום אדם with the exception of some judges in Jerusalem and
a corrupt judicial system.
לא תגעל נפש שום אדם משפט מכה איש ומת.
Who would be נגעל מכה?
The רמב"ן was primitive.
He wasn't as wise as the judges we have nowadays that feel that we
need to give terrorists quality food and hey to give them franks that's good
for them you need to give them whatever I'm sorry that was רמב"ן that
was we can erase that from the ולא תגעל נפש שום אדם משפט מכה
איש ומת וכן הדין לדיני השור והבור והשומרים והיוצא בהם.
And that which the פסוק says ומשפטי תגעל נפשכם המשפט אשר ייעשה בעוברי המצוות
כאשר כאיש אשר יבוא אל העריות או יחלל שבת ייעשה בו כדינו יקוצו במצוות
שאין עול כבד על רשעיהם.
Meaning the ומשפטי תגעל נפשכם means the punishment of the wicked that violate עריות
and violate שבת that people you know might be disgusted by and the Torah
says that if in fact that's the case that we're disgusted by that and
we don't fulfill them then that will bring And the רמב"ן *Ramban* in the
next piece points out the following famous piece.
We know that there's a תוכחה *Tochachah* in פרשת בחוקותי *Parshas Bechukosai* and תוכחה
*Tochachah* in פרשת כי תבוא *Parshas Ki Savo*.
The רמב"ן *Ramban* points out that the פרשת בחוקותי *Parshas Bechukosai* is parallel to
חורבן בית ראשון *Churban Bayis Rishon* and כי תבוא *Ki Savo* parallel to בית
שני *Bayis Sheini*.
And just to cite some of the things he mentions,
he says that in בחוקותי *Bechukosai* he mentions being מפר הברית *mefer habris*,
which is associated with עבודה זרה *avodah zarah*.
The פסוק *pasuk* mentions עבודה זרה *avodah zarah*.
That was true in בית ראשון *Bayis Rishon*.
In בית שני *Bayis Sheini* they weren't worshipping עבודה זרה *avodah zarah*.
The גמרא *Gemara* tells us it was שנאת חנם *sinas chinam* and other problems
but not עבודה זרה *avodah zarah*.
So when it mentions עבודה זרה *avodah zarah*,
that is something which indicates we're talking about בית ראשון *Bayis Rishon*.
And it says that the length of the גלות *galus* will parallel to the
number of שמטות *shmitos* which weren't kept,
which רש"י *Rashi* I believe makes the חשבון *cheshbon* that was true of בית
ראשון *Bayis Rishon*.
Also it doesn't when it speaks in בחוקותי *Bechukosai* of the redemption,
so it says הקדוש ברוך הוא *Hakadosh Baruch Hu* remembered the ברית *bris*,
remembered the ארץ *aretz*,
but doesn't mention complete forgiving their sins and returning to the original state of
closeness and doesn't speak about קיבוץ גלויות *kibbus goliyos*.
And this in fact was characteristic of בית ראשון *Bayis Rishon*.
You know,
after גלות בבל *Galus Bavel*,
so it wasn't a full ingathering of exiles.
But the ברית *bris* in משנה תורה *Mishneh Torah*,
there he says,
and this is a very interesting line,
he says that there it doesn't say when the end will come,
rather it's dependent,
when the redemption will come,
rather it's something which is dependent on תשובה *teshuvah*.
Now that's a very interesting line because although there's פסוקים *psukim* in ניצבים *Nitzavim*
that do mention תשובה *teshuvah*,
in האזינו *Ha'azinu* it doesn't,
and the רמב"ן *Ramban* over there plays up the fact that there's some sort
of redemption that takes place even without תשובה *teshuvah*,
על כרחן של מינים *al korchan shel minim*.
Not like the מינים *minim* said,
the Jewish people will forever be in גלות *galus*.
Okay.
There,
I think there's some way of resolving that but not going into that now.
Also he points out that in כי תבוא *Ki Savo* it doesn't mention עבודה
זרה *avodah zarah*,
because as we said that's כנגד *keneged* בית שני *Bayis Sheini*.
It doesn't mention ולא אריח בריח ניחוחכם *v'lo ariach b'reiach nichochachem*.
Here in כי תבוא *Ki Savo* it says I won't smell the ריח ניחוח
*reiach nichoach*,
but in בית שני *Bayis Sheini* there was no ריח ניחוח *reiach nichoach* altogether
because there they didn't have the same level of השראת שכינה *hashra'as shechinah*.
You didn't have the fire coming down.
Also over there it speaks of a nation coming from a great distance.
Rome is a great distance,
further than further than בבל *Bavel*.
It speaks of a nation that speaks a totally different language and the language
in בבל *Bavel* was not so different.
Okay,
he has other indications of that.
He does point out,
he discusses the there's some פסוק *pasuk* that these at the time of the
final redemption,
and this is towards the end of this piece on פסוק ט"ז *pasuk tes
zayin*,
that this says that the terrible things that came upon the Jewish people come
on אויביך ושונאיך *oyvecha v'son'echa*.
אויביך ושונאיך *oyvecha v'son'echa*,
so who's אויביך ושונאיך *oyvecha v'son'echa*?
He says this is רמז לשתי האומות אשר ירדפו תמיד אחרינו *remez l'shtei ha'umos
asher yirdefu tamid achareinu*.
Obviously referring to Islam and Christianity.
Okay.
He also points out,
he discusses the idea that רש"י *Rashi* makes reference to,
that during the time of the גלות *galus*,
ושממו עליה אויביכם *v'shammu aleha oyveichem*,
then the גויים *goyim* will not find any נחת רוח *nachas ruach*,
find נחת רוח *nachas ruach* in ארץ ישראל *Eretz Yisrael*.
וגם זו שבחן מה שאמר בכאן ושממו עליה אויביכם *v'gam zu shevachan mah she'amar
b'kan v'shammu aleha oyveichem*.
In my printing it's on page קכ"ד *kuf chaf daled*,
about eight lines from the end of the page.
היא בשורה טובה מבשרת בכל הגליות שאין ארצנו מקבלת את אויבינו וגם זו ראיה
גדולה והבטחה לנו כי לא תמצא בכל הישוב ארץ אשר היתה טובה ורחבה *hi
besorah tovah mevaseres bechol hagaluyos she'ein artzeinu mekabeles es oyveinu v'gam zu re'ayah gedolah
v'havtachah lanu ki lo timtza bechol hayishuv eretz asher haysah tovah u'rechavah*.
A nation that was so productive,
so bountiful,
אשר היתה נושבת *asher haysah nosheves*,
it was dwelled,
מעולם ותחרב כמוה *me'olam v'secharav kamocha*.
A nation that had so many people and then so desolate.
כי מאז יצאנו ממנה לא קבלה אומה ולשון *ki me'az yatzanu mimena lo kiblah
uma v'lashon*.
כולם משתדלים להושיבה ואין לאל ידם *kulam mishtadlim l'hoshivah v'ein l'el yadam*.
They're not successful.
Okay.
Isn't this a ברכה *bracha*?
Why is this in the תוכחה *Tochachah* here?
The point is that the land will be desolate.
That's in the context of land being the desolate.
You're right that that aspect is a silver lining to the cloud.
And it's the fact that our land,
such a beautiful land,
is desolate,
that's something you know which does have a bad side to it in the
sense that our such a beautiful place turned into a desert.
Okay.
פסוק מ"א *Pasuk mem aleph*.
So I won't read this inside,
the רמב"ן *Ramban* indicates there are two possible scenarios for how the גלות *galus*
will be terminated.
One scenario is This is with תשובה,
another scenario is with there being a great amount of suffering which will serve
as a כפרה.
This is very important because the גמרא when it talks about in סנהדרין in
פרק חלק,
מחלוקת whether the final redemption will come about with תשובה or not,
so רבי יהושע has some line that even perhaps without תשובה some stage of
the redemption will take place,
the full redemption might require תשובה,
but some important stage of the redemption might take place without תשובה and the
גמרא has the expression דיו לאבל שיעמוד באבלו that דיו it's enough of the
אבל שיעמוד באבלו.
Some רש"י has a couple of explanations,
one explanation what this means is that the suffering of the Jewish people that
the Jewish people are like אבלים,
the suffering,
that suffering itself is מכפר and certainly if that's according to that approach,
then obviously the Holocaust and the various persecutions throughout history certainly must have attained
a very great high level of כפרה.
Okay,
skipping to כל חרם אשר יחרם,
the רמב"ן has this idea,
it says כל חרם אשר יחרם מן האדם לא יפדה מות יומת.
So חז"ל in a sense refers to a person that's יוצא להורג and somebody
says ערכו עלי that that's of no meaning.
רמב"ן says aside from the פשט,
this also has an additional explanation and that is he has some idea which
is not clear to me what the parameters of this are,
but if there is a מלך ישראל or סנהדרין with all the Jewish people
together that places some that decides that a certain city is to be they
declare a certain איסור on something then under certain situations those that violate that
איסור are meant to be killed.
He says this is why the people from יבש גלעד that didn't go to
war against who was it,
בנימין,
בנימין and someone else.
They didn't show up when they were meant to wage war against or when
they gathered together in that assembly against בנימין so they were חייב מיתה and
he says that יפתח thought that this is true,
יפתח that thought that this is true of any חרם made by a leader
and therefore when he said that whatever comes out my house should be an
עולה and his daughter comes out of his house then he thought that she
was חייבת מיתה and therefore he killed her,
says רמב"ן.
In reality he was 100% wrong because this is only true of someone that
violated something,
then a leader has the ability to be מחרים,
but someone didn't violate,
the daughter didn't violate anything then no reason for it to be חייב מיתה.
רמב"ן does indicate that there is an interpretation that the daughter of יפתח was
not killed,
he didn't sacrifice her,
rather she was just she lived in seclusion the rest of her life.
רמב"ן doesn't think that that's correct for whatever reasons.
Okay,
רבותי,
to review some things which we've seen,
the רמבמ"ן has so many discussions as to why שמיטה's mentioned over here,
says one of the מצוות very much very critical for us to be able
to dwell in ארץ ישראל.
The איסור ספיחין we פוסק is דרבנן not דאורייתא,
in principle one's allowed to have פירות שביעית just need to be harvested in
particular fashion and in particular limited quantity.
Okay,
the רמב"ן discusses how it could happen on one hand איסור ספיחין דרבנן,
on the other hand being the פירות שביעית that are permissible to eat.
Okay,
the רמב"ן had discussion of ביעור,
we talked about what ביעור is,
we talked a little bit about אוצר בית דין,
talked about what the word יובל means.
The רמב"ן with respect to another topic,
with respect to אונאה,
אין אונאה לקרקעות.
רמב"ן says all that means is that the דין of having to return the
אונאה that doesn't apply to קרקע,
but the איסור אונאה perhaps applies to קרקע as well.
Okay,
he talked about the concept of גאולה,
גאולה involves when a person is selling his field,
then first crack is given to the close relative.
He's not interested that person or that close relative then some sort of קנין
חליפין to indicate his willingness to relinquish his right.
Okay,
ונתתי שלום בארץ,
רמב"ן says first and foremost it means שלום amongst Jews.
Then when the פסוק says והשבתי חיה רעה מן הארץ,
according to רבי שמעון whose opinion the רמב"ן feels is correct,
that means there will be חיות רעות but they won't cause damage.
Hey,
isn't that wild?
So says רמב"ן,
well,
not so,
whatever,
it's not the right word,
so not so wild because that That was the original state of mankind beforehand.
The רמב"ן points out many of the promises that were said in ספר ישעיהו
with respect to redemption,
although they were meant to be fulfilled in time of Hezekiah,
but when the Jewish people weren't,
didn't act in the proper fashion that they would,
then these promises were put on ice till the time of the final redemption.
Okay,
he talked about the fact that when all the Jewish people are keeping the
מצוות,
then it's so amazing and the whole world sees how holy we are when
they see all everything working out exactly in the fashion that it should work
out for us.
רמב"ן has somewhat of a discussion going to doctors.
רמב"ן has a discussion of what that phrase means משפטי תגעל נפשכם,
that it can't be referring to basic דיני of justice,
of people that are being punished for terrible things they're doing,
for רציחה and the like.
Okay,
the רמב"ן points out that the תוכחה over here is כנגד חורבן בית ראשון,
תוכחה in כי תבוא כנגד חורבן בית שני,
and he has some discussion of the concept of חרם.
Have a wonderful שבת.
What's going to be next week,
I don't know,
what's going to be the week after.