5 minute read
Delving into the Daf
What Came First?
By Rabbi Avrohom Sebrow
Boruch: I learned the Daf very well this week, and I can’t really see how it has relevance to practical halacha.
Shimon: The Daf doesn’t have to have any practical relevance. Learning Torah is a mitzvah even if it’s not halacha l’maaseh. Furthermore, the logic behind various scenarios can be applied elsewhere, even if the exact situation discussed in the Gemara doesn’t exist. By the way, I wanted to ask your opinion on an interesting situation. There are two babies having their bris in the same shul with the same mohel. One was born Wednesday morning at 5 am. The other was born at 3 o’clock in the afternoon. Which baby should have his bris milah first?
Boruch: That’s obvious. The baby born in the morning should have his bris first, since he was born first.
Shimon: Actually, from the Daf this week, we learned that there is no preference. The Gemara discusses a goat that was designated for a korban on Yom Kippur. Another goat was designated for the same exact korban. The kohen gadol has to choose which one to bring. The Gemara suggests that even though one was purchased earlier and designated earlier, that itself is not a reason to choose that one. Ultimately, both the original korban and the replacement are not viable until a second lottery is performed. Therefore, they both become viable at the exact same time. (Rashi Yoma 64a D”H B’idna. This logic is the conclusion according to Rav and the Chachomim.) So too, here, although one baby was born earlier, he cannot have his bris until the morning of the eighth day. The baby that was born later can also have his bris performed at the same time on the morning of the eighth day. Since the obligations come at the exact same time, there is no preference to perform the bris on the baby that was born first. However, if this will lead to argument and strife, then the bris should be performed on the baby born first. (Birchas Avrohom OC 14)
Boruch: It’s interesting you brought that up. This Sunday in shul there are two brissim taking place: one where the baby was sick and could not have a bris earlier; the other baby was born during twilight on Friday. They are not sure if the baby was born on Friday or Friday night (Shabbos), so they are making the bris on Sunday.
Friday wasn’t an option because it may be Day 7. Shabbos wasn’t an option because maybe the baby was born on Friday during the day and the bris can’t take place on Shabbos because that would be Day 9. (Only brissim on the eighth day can take place on Shabbos.) So the bris is on Sunday. I guess they can pick which baby goes first.
Shimon: Actually, in that case, the Friday/Shabbos baby should have his bris first. There is no question that the obligation to give him a bris either started on Friday or on Shabbos. Because of doubt, the bris is pushed off until Sunday. There was no obligation to give the baby that recovered from illness a bris until Sunday. Since his obligation started later, his bris should come second. (See Chelkas Yaakov YD 142)
Boruch: But going back to your initial case, you said that when the original korban became temporarily disqualified and now you have two viable korbanos, you can choose either one. (According to the Sages.) That logic is clearly against the Shut Torah Lishma (56). He writes regarding a certain shul that kept their Sifrei Torah in a safe. Before davening, they would take a Sefer Torah out of the safe and put it in the Aron Kodesh. It happened once that they took a Sefer
Torah out from the safe and brought it to the shul. They decided to roll it to the proper place before davening. The gabbai noticed that two letters were attached, rendering the Torah pasul. They put it in the Aron Kodesh meanwhile and took a second Torah out from the safe. They rolled that one as well and put it in the Aron Kodesh. The gabbai mentioned to the Rav that the first Sefer Torah was pasul. He examined it closely and discovered that a combination of shadows and dirt had misled the gabbai. The Sefer Torah was, in fact, kosher. The Torah Lishmah ruled that they must read
from the first Sefer Torah. Since that was taken out of the safe first and was designated for use first, they must use it and not the second replacement Sefer Torah. This clearly contradicts your logic, Shimon. In your case, since one korban was designated first, they should have to use that one.
Shimon: Good point. However, there is a major difference. In my case, the first korban did, in fact, become temporarily disqualified. When it was reinstated, there was already another viable korban as well becoming qualified at the same time. In that case, you are free to choose either korban. Here, the first Sefer Torah was never disqualified. It was erroneously declared pasul. In fact, it was kosher all along! Therefore, since it was chosen first, you must read from it first.
Boruch: So if I set up my Chanukah menorah with wax candles and then find olive oil which is more mehudar, I should still use the wax candles because I chose it first?
Shimon: According to the Shvua Yaakov, you are correct. However, the Chacham Tzvi disagrees and says since the olive oil is more mehudar, you should not use the wax candles even though it was chosen first. (See Shaarei Teshuva OC 683:1)
Boruch: Thanks Shimon, but if I have any halacha l’maaseh questions, I’ll ask my rav and not rely on this article.
Rabbi Avrohom Sebrow is a rebbe at Yeshiva Ateres Shimon in Far Rockaway. In addition, Rabbi Sebrow leads a daf yomi chaburah at Eitz Chayim of Dogwood Park in West Hempstead, NY. He can be contacted at ASebrow@gmail.com.
