Mitzvos that are prohibited on Shabbos and Yomtov - Parshas Shelach

Even though this Shabbos Parshas Mishpatim is also Parshas Shkalim there's a lot to speak about. Over the years, we covered a lot of topics. It's available on the show's website at poor anytime. But as Hashem today, I would like to focus this year and we were holding in Maseches Beitzah Daf Lamed Vav Amud Beis. The Mishnah lists out many different things that is assur to do with derabanan on Shabbos and Yom Tov. Now, we know these the Lamed Tes Melachos that are assur mid'oraisa. Yom Tov, we spoke about it. Yom Tov, even though there's the issur like Shabbos, there's a heter of ochel nefesh and therefore not all Lamed Tes Melachos are assur. These issurei derabanan, for an example, of muktzah. Here, the Mishnah lists out a lot of different things you're not allowed to do on Shabbos and Yom Tov. Some things are mitzvois the etzem to do them. Mitzvois to do, but you're not allowed to do on Shabbos and Yom Tov. And some things are reshus. The Gemara explains why it's mitzvah, why it's reshus, but it's assur. And as the Gemara explains that they're assur because we're choshesh you're going to come to write. I would like to try to go through a few a few of these issurei derabanan and clarify when is it assur. We'll begin with the one of dinim. The issur dinim. Beis Din is not allowed to pasken dinei Torah on Shabbos and Yom Tov. And the reason for that is pretty clear, pretty obvious. They have to record what happens by a din Torah. Shema Yisrael licht of they're going to come to write. Really, we have to back up. It's a Isur Deoraisa. If you take a look at the Chinuch on Parshas Vayakhel, the Chinuch says one of the lam tismalachos mitzvah kuf yud daled that is an Isur Deoraisa ladun b'Shabbos. Sh'lo ya'asu hadayanin dinin b'Shabbos. Which would seem lochere that it's an Isur Deoraisa. So why the Mishnah doesn't say that it's an Isur Deoraisa? The answer is, I mean you continue right in the Chinuch. This that it's assur mid'oraisa is the Isur b'makom not the dinin. The Isur is to execute a din Torah. D'hainu if the Torah was Thursday cuz you're not allowed to sit on Shabbos and it came out that the person has to get killed he was m'challel Shabbos he did a he did something that is chayev misah. That you're not allowed to do on Shabbos d'hainu to kill the person, to execute a din Torah you're not allowed to do. As the Chinuch says, the reason m'shoresh hamitzvah cuz the Aibershter created Shabbos Kodesh, a day of menucha of rest. And this is not menucha when a person gets killed. I believe it's not only for the person himself but it's b'chlall the matzav d'avirah. Somebody getting killed that's not called that's menucha. M'shoresh hamitzvah she'ratzah Hashem Yisbaruch l'chaved hayom hazeh she'yimtzu bo menucha hakol gam hachayavim. True it says it's for the chayavim but for everybody should be menucha. Mamila that's why it's assur mid'oraisa to kill somebody on Shabbos who's chayev misah. So that's assur mid'oraisa. Dinin dinin d'hainu go through a din Torah and as post game explain let's even say clearly for Dina mommies somebody's high if somebody's Potter that's also on Shabbos with their opponent that's our mission of Dina. Agav when we're speaking about the issue of Risa is the Risa of of Dina and the high new to kill somebody like the says even though it's learned from the possible issue it's not only straight for all dollar of misses and if you take a look in the Rambam the Rambam extends that it's also Malkus. So Malkus also is also past this middle of Risa and the Mogul of Ram explains would you extend it so far even to Malkus? So he says this probably the reason why Malkus is also because it's also that's the issue of the Risa. So we have so far clearly just to understand what the first thing that we're speaking about in the mission of the issue of Dina and the Shabbos is the issue of not executing a Dina Misa or Malkus but the issue is the issue of past getting going through with the entire. The Rama extends this Dina and the mission that says that it's also Dina and the Shabbos extends it not only is it also for and Dina and but also you're not allowed to put a person in jail. Shina says in Dina and two words in the says the Rama have gone with the also voice of the mission of the mission of the issue of the mission. You want to lock the person up? >> They used to give they used to give that as a punishment but they used to do that until they killed him. >> Ah ah ah very good. We're going to get to this. The Ramas spells out the base of so ya mission is high of A O in this condition of a year right. >> [clears throat] >> You're asking good but what what let's see. Very good. You'll see what in a second what I mean. Let's see what exactly we're talking about locking the person up. Are we putting him into jail for jail or we're just holding him? The question that is asked on this dinner of the Rama is from a possible in the Hamish. In Parshas Shalach by the Mikoshesh Etzem. Moshe Rabbeinu didn't know what to do. So the possible says one second one second. Let's just say the child and we'll hear there are a few to roots him. The possible says by any also by any of Mishmar cuz they didn't know they put him into jail. The Mishmar they locked him up. So the Torah says clearly that it's muter. >> I think the Mishmar just means they're watching you. >> Ah, ah, we're going to get to that carrots. That's what I wanted to bring about to your point. The Rama also says about what that it says even watching. We'll get to that in a minute. So the partial is when when the Achronim asked this question the partial is they say I may be who said it was Shabbos. Of course the story happened he was Mikoshesh Etzem Etzem was Mechalel Shabbos. But who said that it was Shabbos? Maybe they did it Sunday. So first of all the Mashma is that they put him right away. Right away he was Mikoshesh Etzem right away they locked him up. So one one second one second. So you're asking Piskei Dinim also. >> The question is what do you mean? >> So first of all, who said that it was on Shabbos? The possuk says the possuk could have happened right away. Vayoel had a chiyuv to speak out. Why did they lock him up? They locked him up that he shouldn't run away. So if they waited till after Shabbos and he didn't run away, so what does it So what did they have to lock him up then after Shabbos? And if the chiyuv is that if he's going to run away, lock him up right away. So you have multiple tirutzim over there. Now that's a shaila. We're saying over here in our mission that dinim is ossur. We're extending it doctor Ram who had din to lock a person up. Could be this is an extension to the din de Oraysa cuz it's a yom menucha, but if you can't lock somebody up, how did they lock somebody up in the midbar the mikoshesh eitzim? So the Emes is that MaHaRiL the Shvus Yaakov in Shvus argues on the Ram. Well, he asked this question and he's chiyulik. He's chiyulik and he says takke you see that it was done it's muttar. It's chiyulik. The Rishonim, the Even Ezra right here as well as Rabbeinu Bachya both say when the possuk says that they put him by a nicho ossur b'mishmar, they say b'motzei Shabbos, the Rishonim. So even though we mentioned before the possuk says right away, the Rishonim clearly say b'motzei Shabbos, clearly right there for all to see, the Even Ezra and Rabbeinu Bachya. >> Even if Even if it is ossur, but they would That story was before it was mid'oraysa. >> Oh, very good. That was lined up here perfect. That's the The in the safer The wrote many many In the says What do you mean? This was the ban. Then was the time of the time they were They were So this ban. >> The wouldn't make a zero in the first against a and that was >> That's interesting surely you find such a concept if the Torah says you find that I'm forgetting now or find weird but you clearly find if the Torah says foolish it's mother maybe in certain things nefish even though they be a but the to be not to do it but if the Torah says mother you can't say it's us it's this clear such examples. A good point what you're saying I just wondered that could be over here Is this considered the Torah says before it's that it's mother I guess so you see that it happened sometimes the Torah says it's mother that you're allowed to do it or nefish the Torah is mother. I mean I the mice is the mother that it's mother the Torah says that they put him on jail on that's it's mother. Yeah, good point definitely a good point Torah says that it's mother I that would be another it's only the ban. In safer big day yes it's another a that even though it's a ban to lock a person up there are exceptions. Because it was a ban after of ban the governor it was it's mother means taco you're not supposed to lock a person up when it comes to ban and he says another but it could be it's extension to this he says also it's down so sometimes you have to got to stop it exactly exactly so I'm not sure if it's worth in or the worth is was somewhat it was right after you know that you have to show that he's on shame. Even if it wouldn't be Shabbos, but one thing is that the home of Shabbos was right away. And lastly, what you say? Yeah. Saying what up? Just like the home of Shabbos you adding also in Ami the home of shame. And lastly the Yankel like you mentioned before even before you even asked the kasha, which really he differentiates and he says there's a between holding a person and locking a person up. When you lock a person up, I don't know if it means cuz you lock a person up he's in a cellar and he he's accommodations are terrible as opposed to if you put a person in holding. But I that's the look. There's a between holding a person. Why were we holding him in the mid but they were holding him they didn't know what to do. Maybe there wasn't proper he would be part of it they just didn't know what to do. As opposed to a second as opposed to putting a person into jail as a honest that's also. Even though even though the the would seem to say also the base of lawyer mission of sky of the honest which is really holding unless that's a holding that he's already punished I don't know but the concept is like. That's what I meant to say that could be the speaking about we know for sure. But what without this question is the is what's the difference between being in jail for holding or not? I don't know the why is it unless you'll tell me that you lock a person up for because that's what you're doing. So, now he's in a base of swords. He has the accommodations of a jail as opposed to just holding the person. You're holding a person, let's say, cuz he needs malcus, and you can't give him on Shabbos. So, you put him into a cellar as a regular jail. You just have to hold him. He shouldn't disappear. You knew that he was a honest. So, you're saying this one of you got to be honest. If you know that he knows the honest, the question is what honest? Very good. Yeah, they knew. So, what do we have? This is the first in Dinim. Dinim the mission says it's awesome and the rabbonim say it's awesome to kill a person and even malcus is awesome in the Orisa. Putting into jail on Shabbos The rabbonim says it's awesome, but the shyla is is it with the The possuk says that it's moter. So, why did they put him in He could have just waited and waited the company the company told him that The rabbonim say it's awesome. I'm a staff point. What's the shyla about the locking a person? That's a That's the separate I think I once spoke about it grander that also. It's a separate schmaltz. Putting and closing the door, I think that's only to drop, not putting in. If you just close the door be my name, I think in most cases only to drop on it. Why there? What's about chalitzah? So the mission says before chalitzah also that that's clear. What's about being me Yachad Mokem? The din is it's born in Shulchan Aruch. Hilchos Chalitzah Beis Din is supposed to come a day before and be me Yachad the place where the chalitzah should be. Are you allowed to do that on Shabbos? Here also the Shivas Yaakov says no that will be muttar. It would be muttar to be me Yachad the Mokem cuz the whole issur is issur Shammai Yichud Deiv. What Yichud Deiv is there to be me Yachad the place? So even though it's paskened halacha the inala to be me Yachad the Mokem a place for chalitzah, it's mil be shaila. Why is it a question about me Yachad the place? Cuz lemaisa the reason why it would be assur is nichlal dinim. The reason why it shouldn't be assur is cuz lemaisa dinim is Shammai Yichud Deiv and here there is no Shammai Yichud Deiv. The mission says a person is not allowed to get married on Shabbos, kiddushin. Why not allowed to get married on Shabbos? Shammai Yichud Deiv. You come to write. Friday of course you're allowed to get married. What's about nesuin? So the mission doesn't say nesuin. Lemaissa the Shulchan Aruch says nesuin is also assur. Why is it assur? Nesuin is assur because of kinyan. And why not allowed to make a kinyan on Shabbos? Machshikeh Macha Memkar. And what's the problem Machshikeh Macha Memkar with ksiva? So it's also ksiva. So it's assur side kiddushin on Shabbos and sign the suit on Shabbos. It's also either way. Meaning to say is if a person had Kadushin on Friday, a lot of these to make the weddings on Friday, if there was a Kadushin on Friday, Nisuin, the chuppah is not allowed to be on Shabbos. Or in the olden days when they split it, Kadushin and Nisuin and they the suit on Nisuin came together with the Nisuin, you're not allowed to do it on Shabbos. However, however, Kadushin and Nisuin on Friday, then you're allowed to. And that's what was done and they made the suit on Friday night. The Yom Tov is a separate discussion. It's us. I'll tell you Marvin Simcha but Simcha. But Mitzvah Kinyan Shiva it's mutar Kadushin and Nisuin on Friday, even though you'll make the suit on by night. However, Zocher Shulchan Aruch that Almana is not even allowed to have Kadushin and Nisuin on Friday because the Kinyan for Almana for a second marriage is not the Kinyan of the chuppah. It's later. It's the Yichud the Bi'ah. And the maybe it's us. However, the going says the only reason why a second marriage can't rely on the chuppah for the Kinyan Nisuin, the Kinyan of the Nigale Yosher Kedaima, is only because they used to make the chuppah of a second marriage not a proper chuppah. So, the maybe it wasn't Kinyan of the chuppah. You didn't have the Kinyan of Kinyan of chuppah. But the Etzem, even you could always have even a second um chuppah, chuppah of a second marriage also would be the same din. >> But what is the din with Almana? >> The same thing. Even though we see that it's us to get married on Shabbos, there are more. This is my first the Mishnah Gapas Kinyan Alacha that these dinim are us. There are more says the Makam Soirach Gadol covered up reus its moter. That's the Rama. It's very interesting. The mission says that it's also what the Rama writing over here? These are tchuvas of Rama. Very long tchuva. And the Rama brings a story that happened in his days. They could of course they were going to get married Friday the kidushin and the nisuin. And lemaisa there was a disagreement in the dinim dunya. The money they couldn't they couldn't come out how much money they were going to give not going to give. There was a whole argument. And it schlepped all the way till Friday night. So the Rama writes a tchuva goes through a lot of things I didn't even go through the whole tchuva but he brings a lot of different parts in the in the makem leha'ako. And he says that you could they he let them get married late Friday night. But makem soirech godol covered up reus. Imagine how embarrassing it is. You have to push off the wedding till after shabbos and maybe you could get married. What's about a get on shabbos? So this is also d'ach nafka min the mishna. What did you say? >> You say mazel tov. >> You say mazel tov why lemaisa shulchan aruch says it's ossur. The etzem the reason why it wouldn't be ossur midina d'mishna is because of chashash is a chashash ksiva. Who writes a get? You have a sofer. You have someone yochid that writes a get. So lemeila just like we find when it's something for the yochid we're not choshesh ksiva. They know d'halachas. So meila the etzem would be moter. By the way that's the heter of the Rama on kidushin also one of the heterim he says is takana chashash ksiva. But of course the siddik could do the rav takes it, or the shliach, or the the shamas, he says. So, maybe they know the halachas, it's not that every person writes it. Even though the maaseh, the din is that it's assur. >> No, they buy it already pre-written. They're just filling in the blanks. It's not the same thing. >> You talk about a gett you're talking about? The maaseh, even anyone, even Kiddushin, kesubah, everything, even to pre-fill, you really have to know what you're doing. We learned in the night kol Kiddushin assurin. There's a lot of even writing, if you better make sure you know the siddur mesader Kiddushin brings a couple of kesubas cuz it's very likely there should be a mistake the first time, the aidim, the signing, the writing. >> name length is different? Isn't there a bigger issue you have to rip it up afterwards? That's mutika. That's the minag too. >> Okay. >> I hear I didn't see, but it could be that's a reason also that they're noya you're ripping out to be mighty Elijah, right? Another one. One more din that I would like to speak about. Of course, the Mishnah is a list of a lot of dinim to get it into half hour, and this I'm going to speak. The kitzer, there's a lot to speak about, but this is an exciting topic, and I at least want to open up the topic. The Mishnah says that you're not allowed to dance on Shabbos, and you're not allowed to clap on Shabbos. There's a as I said there the Mishnah. It's assur. The pasken halacha in Shulchan Aruch. So, before asking any questions what's done, what's not done, clearly the Shulchan Aruch says it's a issur derabbanan. If you do a shinui, it's mutar on clapping. On dancing, I don't know so much if there's a shinui, the metzius. You dance the other way, I don't know, but at least for clapping, the Shulchan Aruch says a shinui is mutar. Means instead of clapping like this, let's say you clap Some people that don't clap, they clap like this, it's a shinui, would be mutar. Why is it assur to dance and to clap? Is ot to cliche, which is ought to you going to make ought to that you're going to show me a second cliche. You're going to come to make a cliche. L'maaseh L'maaseh even though the Shulchan Aruch paskins the din of the Mishnah Berurah it's assur to dance and it's assur to clap. You look around these many different times, places, minhagim that people do dance and people do clap. So let's try to go through a little bit. Obviously this and whatever I say is not l'halacha l'maaseh. Everything I say I try to have clear mar'eh makom. This and then the Chachamim will use of lekach. You learn more, you be me'ayen more, but at least to educate ourselves to open up the topic. So first of all like this. Simchas Torah it's muttar across the board. Everybody dances Simchas Torah. Even though I'm saying everybody, somebody told me that could be by the Yekkes is a different way they dance and we'll get to that soon if that's considered dancing. We'll get to that Reb Zalman. We'll get to that in a minute. But al kol panim it's muttar to dance in Simchas Torah mishum kavod haTorah. So that let's just move on the side. This that we all dance in Simchas Torah it's muttar al kavod haTorah. What's about other mitzvos? In this sugya when a person gets married Friday kiddushin sugya is Friday it's muttar. Now it's the sheva it's the seudos on a sugya you're allowed to dance. Sheva brachos, Shabbos sheva brachos oyfruf Interesting. Good shaila about siyum. We'll speak about it after cuz some say could a lot of make a seam on Yom Tov because it's like like some history. Are you allowed to do mitzvah Are you allowed to dance for a mitzvah? So there's a shaila there's a machlokes. There's a machlokes. The Mishnah Berurah says that it's assur. I'm talking first with din The Mishnah Berurah There are poskim that say that it's assur to dance. Let's say by a sheva brachos chasan v'kallah. They bring There is cholkin that say that it's muttar. So to know clearly there is a machlokes clearly if it's muttar or not or assur. They bring that somebody asked the Chazon Ish. What I mean they bring I have it. And he says k'ma duma I asked the Chazon Ish. I think I asked the Chazon Ish about dancing by a aufruf and he said it's muttar. It's a machlokes. The Ish Al Rom says This is what we're talking about dancing. The Ish Al Rom says clapping by davening Sometimes a person gets fired up by davening and he claps. Doing so on Shabbos would be b'duma it's not gora that void of Hashem if it helps you b'duma with the mitzvos. But akiva on a mitzvos is a machlokes. It's a machlokes. Even the oisrim Even the oisrim says Rav Zalman And this is a little bit what you mentioned before. Rav Zalman says that what we do Friday night Shabbos sheva brachos dancing around the table or some people say also the pasuk by the seder dancing That's not where the issur is shmiyas sakan k'lei shir. Usually when you do proper dancing then you're going to bring k'lei shir and play with k'lei shir and be m'saken k'lei shir. But that dancing asher bara sason v'simcha around the table two three four times That's not the dancing that shmiyas sakan m'saken k'lei shir and it's muttar. You are being m'sameach the chasan v'kallah but this is not the dancing this is like walking around makes a good vibe makes a good vibe but it's not enough of the dancing tell me >> [snorts] >> cliche. Very good but it's actually by us over here we're learning we'll get to that in a minute. That's the ma. One more pointer in the that says that it's some say that it's motor Friday night sometimes you go to regularly or certain by shabbos by they dance or they clap so some of over here and they say because you want to shabbos yet. That's a separate discussion when is shabbos or but up until you want to shabbos and then if you want to SHABBOS IT'S MOTOR. I It's but then I'm sure shabbos but shabbos they won't go so that's another in there to to dance clap by shabbos before being shabbos even though it's shabbos. And finally with this I'll conclude I did leave out that the ma says that this day you see people do it which really means that it's but then the ma says like mentioned before the ma says that it's motor ma says it's motor. Say the inside. We learned even with the racket on this mission is pure semi semi second cliche. Who knew that he don't sorry it's butter. Why is the butter taste we learned this is because the whole semi second cliche is my name I believe it don't. We don't have a clue. You have a ton you have a little issue with the strings you have to already take it in for somebody to fix it. We don't know how to make a cliche. Though they ask on this mission that even though it's bottle you do not say bottle zero. We find this many places. The reason why the acid is bottle but bottle but says that it's bottle and it says there are more you could rely this up here this up here this says there are more. The the the says there are more than normal the bottle Meaning to say he's always even out of the so just to sum up we spoke about different this about dancing and clapping some of us butter shall other is and even when it's not a even when it's not a says there are more these room if somebody does it these water rely on this says that it's butter. Have a wonderful this.