BAVA BASRA DAF 45 - 51 • 14TH CYCLE

R' Eli
Stefansky

Divrei Torah on the Daf, Parsha and more from members of R' Stefansky's Daf Yomi Shiur given in Mercaz Daf Yomi
August 16 • Parshas Vaeschanan • Vol. IV Issue 45 Ov
su er 2
bs ,
cri 500
This weeks issue is dedicated: be
rs
-Lerefuah Sheleima for all those injured, RBS London NY
Liylui Nishmas all who were killed
and l’zechus for all the captured to be returned
- ‫שושנה אהבה בת מינטשע פרידה לרפו״ש‬
6:44 8:04 7:33 Hadlakas Neiros
8:00 9:14 8:34 Ends

8:36 9:30 9:03 Rabeinu Tam

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A TASTE OF CHASSIDUS
Index By Simcha Shmuel Solomon
Boro Park

It says in this week's Parsha: ‫ושמרתם ועשיתם כי‬ (enthusiasm) and ‫( דביקות‬connection with
‫היא חכמתכם ובינתכם לעיני העמים אשר ישמעון את‬ Hashem), then there burns around him a
‫כל החוקים האלה ואמרו רק עם חכם ונבון הגוי הגדול‬ [spiritual] fire, and then he has the power to
A Taste of Chassidus...............1 '‫ כי מי גוי גדול אשר לו אלקים קרובים אליו כה‬:‫הזה‬ see everything - even what's not physically
By Simcha Shmuel Solomon ‫ ומי גוי גדול אשר לו חוקים‬:‫אלקינו בכל קראנו אליו‬ possible. That happened when the Yidden
Parsha Thoughts.....................2 ‫ומשפטים צדיקים ככל התורה הזאת אשר אנכי נותן‬ received the Torah at Har Sinai, which was with
By Elimelech Goldberg ‫לפניכם היום‬: The simple translation of these great ‫ התלהבות‬and ‫דביקות‬, all the seven
A Taste of Chassidus...............2 pesukim is: Observe them faithfully, for that heavens were opened for them. They were
By Avraham Apatow will be proof of your wisdom and discernment able to see everything.
Haftorah Highlights.................3
in the eyes of the nations, who upon hearing of Additionally, such a Yid will merit that his
By Pinchas Birn
all these laws will say, “Surely, that great tefillos will have a big ‫ השפעה‬in heaven and
Short Vort...............................4
nation is a wise and discerning people.” For they will all be answered. So anyone who
By Efraim Levy
which great nation is there that has a God so would ask such a Yid (a tzaddik) to daven for
Kids Corner.............................5
By Mordechai Sapoznick close at hand as is Hashem our God whenever them, the tefilla would be accepted and there
For Kids By Kids.......................5 we call to Him? Or which great nation has laws would be great ‫השפעות‬. Even a non jew who
By Akiva Solway and rules as perfect as all this Torah that I set asks such a Yid to daven for him, and this Yid
Daf Topics...............................6 before you this day? sees that it will be a kiddush Hashem that the
By R’ Yakov Schonberg Asks the ‫מאור ושמש‬, from the pesukim here non jew gets what he wants, then too, his
Daf Insights.............................7 it looks as if the reason why the nations will tefilla would be accepted instantly.
By David Berk say ‫ רק עם חכם ונבון הגוי הגדול הזה‬is because ‫כי‬ Explains the ‫מאור ושמש‬, that when this
Kosher Korner.........................8 ‫מי גוי גדול אשר לו אלקים קרובים אליו כה' אלקינו בכל‬ tzaddik's tefilla for the non-Jew gets answered
By Mutty Grunberg ‫קראנו אליו‬. The question is, how is this a reason instantly, then the Yidden are admired by the
- because Hashem is so close to us every time nations, for they see openly that Hashem is
we call, that's why the nations are going to close to the Yidden to listen to their tefillos.
look up to us and say "What a wise Torah/ And this is all since the tzaddik learned Torah
what a wise nation"? Secondly, asks the ‫מאור‬ with great ‫התלהבות‬. That's why his tefillos
‫ושמש‬, unfortunately, take a look at today's were answered instantly. But if there's no one
days, it seems to not be the way the Torah says learning like that with great ‫התלהבות‬, then
it. Rather we're looked down upon by the their tefilla is not accepted so instantly. Then
nations? the nations do not look up to the Yidden, for
The ‫ מאור ושמש‬answers these questions and they don't see that Hashem is so close to the
says something fascinating. We know, and Yidden, to answer them instantly.
there have been stories that show, that when a Concludes the ‫מאור ושמש‬, that this could be
Yid learns Torah with great ‫התלהבות‬ pshat in the pesukim here.‫ואמרו רק עם חכם ונבון‬

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‫ הגוי הגדול הזה‬- the nations will admire the Yidden and honor He explains beautifully that Chazal teach us that when the Jews
them. Why? Because they'll see ‫כי מי גוי גדול אשר לו אלקים קרובים‬ cried on the 9th of Av at the return of the Meraglim, it was
‫ אליו כה' אלקינו בכל קראנו אליו‬- that Hashem is close to us and decreed that they shall cry on that day for future generations
listens instantly to our tefillos. Therefore they will honor the over the destruction of the Temple. Furthermore, had Moshe
Yidden. been allowed entry and built the Temple, it would be of such
Next, the pasuk explains, through what is it that Hashem force that it would never be able to be destroyed and as a result
takkeh listens to our tefillos instantly? Says the pasuk: ‫ומי גוי גדול‬ Tehillim says “Mizmor Le’osof Elokim Bo’u Goyim
‫אשר לו חוקים ומשפטים צדיקים ככל התורה הזאת‬... - through them Nachalosecho…” on which the Gemoro asks how can we describe
learning the Torah with ‫ התלהבות‬and then there's the spiritual the destruction of the Temple as a ‘Mizmor’ a song? And the
fire around them. That's how their tefillos gets answered answer is, that we are singing and praising that he spilled his
instantly, and through seeing that, the nations honor the Yidden. anger on woods and stones but allowed Am Yisroel to survive.
But, the next pasuk adds on, ‫רק השמר לך ושמר נפשך מאד פן תשכח‬ Had Moshe been allowed to enter and build the Beis Hamikdosh,
‫את הדברים אשר ראו עיניך‬.... - that be careful not to forget the His anger would be spilled on Klal Yisroel which could have led to
Torah/ learn it without ‫ התלהבות‬because then the tefillos won't our obliteration G-d forbid.
be accepted so instantly and then you won't be honored by the Therefore, says the Ohr Hachayim, once they sinned at the
nations chas v'shalom. This answers the second question, Meraglim Hashem put in place a security feature so to speak,
because it depends on if the Yidden learn the Torah with great preventing Moshe from Being able to enter Eretz Yisroel, thereby
‫התלהבות‬. ensuring and insuring the survival of the Jewish people for
May we be zoche to learn the Torah with great ‫ התלהבות‬and eternity. If so, he asks why do we know that it was the hitting of
our tefillos should be answered instantly and the nations should the stone which is clearly stated as being the reason for his
admire us and say ‫רק עם חכם ונבון הגוי הגדול הזה‬. punishment? He answers so beautifully, that by hitting the stone
Have a wonderful Shabbos! Moshe missed out on the opportunity to restore Am Yisroel to
their original level of purity prior to the sin of the Meraglim. Had
PARSHA THOUGHTS he caused the Kiddush Hashem intended, by speaking rather than
By Elimelech Goldberg hitting the stone, the decree of the future destructions would
Ramat Bet Shemesh have been annulled and Moshe would indeed be allowed to enter
Eretz Yisroel and build Hashem’s eternal House.
This week’s Parsha famously begins with the word Voeschanan, May I add, we see in the beginning of Devorim, that Moshe
the Gematrio of which is 515, corresponding to the amount of rebuked Bnei Yisroel using hints and riddles, Rashi explains so as
times Moshe Rabbenu davened to Hashem that he be allowed to not to shame them. If you think about it, he has been with them
enter Eretz Yisroel. through thick and thin, they complained about him and he
The first thing we must get out of the way is that there’s only complained to Hashem about them, and of course there’s the
one solitary reason why Moshe wanted to enter Eretz Yisroel. As saga of Korach who was eradicated leaving Moshe the
the Gemoro teaches us in Sotah 14a; In order to keep the undisputed leader! None of this went to his head, and 37 days
Mitzvos that one can only fulfil in the Land. Not for the reasons before his passing, he is still focused on their feelings and
that Ben Gurion (‫ )שר"י‬waved the Bible claiming it to be our embarrassment and talks to them in codes.
mandate over the Land or because we have any entitlement to But even more than that, had he Prayed one more time, he
it, on the contrary, our only entitlement is based on keeping would have been granted permission to enter Eretz Yisroel, but as
Torah and doing Mitzvos. Without that we have no claim we see from the Ohr Hachayim, it would be detrimental to the
whatsoever over Eretz Yisroel and God forbid we can be expelled eternal future of Am Yisroel, and he therefore made the ultimate
and banished as clearly warned in the Tochochoh. sacrifice for the sake of them, and stopped short of praying this
Further on in the parsha (4:21) Moshe tells Benei Yisroel that last prayer.
it is because of YOU that Hashem got angry with me and denied
me entry to the chosen land. This is even more stark in last A TASTE OF CHASSIDUS
week’s Parsha (1:37), Moshe was reprimanding Bnei Yisroel over By Avraham Apatow
the Meraglim and then says “because of you Hashem got angry Ra’anana
with me and denied me from entering EY…” from the sequence
of the Psukim he makes it sound like it was the sin of the spies The most challenging times are equally the greatest
for which he was punished. This begs the question; we all know opportunities. We the people of Israel must seize this opportunity
that the reason Moshe was punished was because he hit the to pray and express our longings for Hashem’s strength, His
stone. Furthermore, how is that Am Yisroel’s fault? protection, and for yeshuot gedolot. We must seize this
Ohr Hachayim says that if Moshe had just been rebuking them opportunity to strengthen our avodat Hashem and our desire for
about the Meraglim then he most certainly was also telling them the genuine Geulah Shleimah.
that the very same sin of Meraglim caused him to be punished The great rabbi and kabbalist Eleazar of Worms revealed long
“because of them”. How so? ago that the key to our redemption is found in Sefer Devarim. He

Page 2 • August 16 • Parshas Vaeschanan

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explains that the 955 verses that Moshe Rabbeinu wrote simultaneously we are also reading Sefer Devarim. Recently
correspond to 955 gates of heaven separating the earthly world coinciding with our reading of Parsha Pinchas we saw the death of
from the heavenly throne of Hashem. These are the gates of the contemporary sons of Bilam. Now with our study of Sefer
prayer. Devarim, ‫ בע”ה‬may we see the fall of Sichon and Og.
What is this long history of galut? It is simply the consequence Flatbush
Shabbat Shalom!
of Moshe Rabbeinu not entering the land of Israel. Moshe
implored Hashem to allow him to enter the land and bring HAFTORAH HIGHLIGHTS
geulah.
The great Chasidim emphasized that Moshe is the neshama
By Pinchas Birn
Skokie, Illinois
klali of the people of Israel. Without Moshe Rabbeinu we are not
complete, but with Moshe Rabbeinu there is Geulah Shleimah. The Haftorah for Parshat Va’etchanan, Shabbat Nachamu and the
Hashem however desired a different plan that included the 1st Shabbat of the 7 Haftarot of Consolation is from the Navi
Jewish people sent to the four corners of the earth to elevate Yeshayahu, Perek 40 Pasuk 1 through Pasuk 26.
sparks of kedusha. He therefore did not let Moshe to continue to The Gemarah at the end of Makot relates that once Raban
pray and change His will. Gamliel, R’ Eliezer Ben Azariah, R’ Yehoshua and R’ Akiva were
Moshe Rabbeinu is the midah of netzach, eternity. Chazal walking near Har Ha’Bayit after its destruction and they saw a fox
teach us that there is a leader in every generation that is an come out from the Kodesh HaKodashim. While his companions
expression of this soul of Moshe Rabbeinu. Rebbe Nachman cried at the thought of a fox entering the holiest place on earth,
taught that there are five neshamot that are the most important Rabbi Akiva laughed. When the others didn't understand his
expressions of this neshama klali. Moshe Rabbeinu himself, reaction and asked for an explanation, Rabbi Akiva explained that
Rabbi Shimon bar Yochai, the Arizal, the Baal Shem Tov, and as this was clearly a fulfillment of the Nevuah of Uriah HaKohen and
he implies very strongly, himself Rebbe Nachman. therefore, a clear indication that Zacharia’s Nevuah about the
The Baal Shem Tov taught that everyone has a spark of the final Geulah would also be fulfilled. The Gemarah concludes that
Moshiach within their soul. This is our individual connection to the three turned to R’ Akiva and told him explicitly, Akiva you
this great neshama klali that we share. have consoled us, Akiva you have consoled us. The Maharsha
Therefore the aish of the Torah of Moshe Rabbeinu that notes the repetition and explains that every Nechama is
comes through the chain of all the Tzaddikim, ignites and expressed by a repetition and he cites our Haftorah of ‫ַֽנֲח ֥מ ּו ַֽנֲח ֖מ ּו‬
enlivens us all because each of us is the spark of this one great ‫ ַע ִּ֑מ י‬as an example. This needs further explanation.
soul of our eternal leader and prophet. This is the essence of the The Navi in our Haftorah goes on to say ‫ַּד ְּב ֞ר ּו ַע ל־ֵ֚ל ב ְיֽר ּוָׁש ִַ֙ל ֙ם‬
teaching of Rebbe Nachman who encouraged us to cultivate our speak on the heart of Yerushalayim. Generally, people don't
unique individuality and personal connection to Hashem. speak on anyone's heart, yet there is one other place where a
So what does the geulah depend upon? It depends upon the similar expression is used. After Yaakov Avinu died, the Torah tells
soul of Moshe Rabbeinu entering the land. This will be the us that Yosef spoke on his brother's heart. The midrash there
Moshiach himself. Moshiach will awaken each of us to be true to questions this expression and explains that by doing so, Yosef was
the spark of Moshe Moshiach within, this greatness and holiness able to comfort them, and if this was true of Yosef, then certainly
we each possess as children of Avraham, Itzach and Yaakov and Hashem will speak to our hearts and comfort us, as the Pasuk
as souls of Israel. says: ‫ַֽנֲח ֥מ ּו ַֽנֲח ֖מ ּו ַע ִּ֑מ י‬. Sefer Ateres Tzvi by Rabbi Tzvi Hirsh
So how can we seize the opportunity right now at this critical Eichenstein of Zidichov explains that the Shevatim were
time to bring the Moshiach, to bring the Geulah Shleimah? Let apprehensive because they thought Yosef wanted to take revenge
us open up the 955 gates of Sefer Devarim, connect to the very for selling him into slavery, however Yosef reassured them that it
words and teachings that are the essence of the Torah and the was all for the good so that he would be in a position to sustain
essence of the Soul of Moshe Moshiach, and the essence of you them throughout the famine. Certainly then, when Hashem
and the spark of your individual greatness. reveals His reasons for our Galut and suffering, his explanation
Rabbi Yoshiyahu Pinto began a campaign several years ago to will settle into our hearts.
spread the importance of reading Sefer Devarim each day and Moses Ben Joseph di Trani, also known on his business card as
especially on Shabbat. Over 100,000 people have committed to the MABIT, notes that most people think that we daven to solve
reading Sefer Devarim each week. This campaign is supported our problems and get our needs met. The truth is, however, that
and blessed by the great gedolim of our generation and by Rabbi the opposite is true: Hashem sends us problems and creates
Kanievsky zt.l. Rabbi Yoshiyahu Pinto, the grandson of the Baba needs and wants in order to bring us to express ourselves in
Sali, who was raised in a family of known miracle workers, said a Tefillah. R’ Yeruchem Levovitz ZT”L explains that we tend to
most amazing thing. Many people are seeking out the best misunderstand the concept of Yeshuot from Tzarot in a very
segulot. The truth is that reading Sefer Devarim is the only similar way. We think that we have problems and we need a
segulah you need. Yeshuah from them. However, the truth is that the Tzara is there
As we find ourselves in one of the most intense and critical to enable the Yeshuah. He likens it to the decomposition of seeds
times in our history, it is certainly great hashgacha that

Page 3 • August 16 • Parshas Vaeschanan

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that are planted which allow for its development into vegetation
and magnificent trees. While we don't understand why or how,
REFUAH SHLEIMAH
our troubles are an integral part of the process of the
development of our Yeshuot. Indeed, the Ben Yehoyada explains ‫צופיה בת יעל‬
Flatbush
that the destruction of the Beit HaMikdash enabled the ‫עדינה בת רבקה‬
possibility of a final redemption for otherwise, Hashem would ‫דוד צבי בן מלכה‬
have had to destroy the land itself. ‫הענדל בת פרומיט‬
Harav Yitzchok Sorotzkin Shlita, explains that when Moshiach ‫לאה עליענה בת פרומית ביילה‬
comes, we will understand how and why the destruction was ‫אהרון ידידיה בן צפורה חוה‬
part of the process and we will be doubly comforted, both for ‫ארי בנימין בן שרה לאה‬
understanding history and the glorious future Bimheira Aharon Yitzchak ben Masha Chaya Rochel
B’yameinu and thus, the double expression of nechama. Masha Chaya Rochel bas Kaila
Clair bat Simi
The holy books explain that the double expression of
Asher ben Tamar
nechama also alludes to two separate Yeshuot, both from the
Raffel Avrohom Meir ben Zalda Bayla
general Geulah of the entire nation, as well as our own personal
Mordechai Tzvi ben Fradel
salvations from our own specific situations. May we be Zocheh Avraham Yitzchak ben Tziporah Gittel Faiga
to hear Hashem speak to our hearts and comfort us on every Chaim Shmuel Zev ben Shanidel
level, both each of us, personally and for K’lal Yisroel as a whole. Chaya Malka bas Basheva
Shabbat Shalom! Refael Yaakov Tzvi ben Devorah Leah
Moshe ben Miriam Shaindel
SHORT VORT Freda Bella bat Raisel
By Efraim Levy Menachem Mendel ben Perl Dina
Queens Yisroel Alter ben Chava Chana
Bunim Tzemach Aharon ben Leiba
Vaeschanan: Two (2) Pieces of Advice Dedicated Yeruchem Shmuel ben Dena
Liluy Nishamas Avi Mori, Naftali ben Yitzchak Isaac Amir Mechaeli Ben Raya
https://youtu.be/Crm-WNTkjjo Shalom ben Nino
Adapted from R' E. Shapiro on Allparsha 5783, and Talellei Oros Dovid Menachem Mendel ben Esther
Sora Gittle bas Devorah
on Devarim (Vol. 1)
1) R' Shapiro shares what interferes with one's relationship with
G-d and with people, based on Devarim 5:5 ‫ָֽא ֹנִ֠כ י ֹעֵ֨מ ד ֵּֽב ין־ה' ּוֵֽב יֵניֶכ ֙ם‬ Shiduchim
2) The Alshich Hakodosh, R' Moshe Alshich (1508-1593), shares Esther Faiga bas Adina
the critical ingredient to successfully teach your child Torah, Efraim ben Gitel
based on Devarim 6:6-7 ‫ ְוִׁש ַּנְנ ָּ֣ת ם‬...‫ַע ל־ְל ָב ֶֽב ָך‬...‫ְוָה ֞י ּו ַה ְּד ָב ִ֣ר ים ָה ֵ֗א ֶּלה‬ Adinah bas Rivkah
‫ְל ָב ֶ֔נ יך‬ Yosef ben Ruth Rachel

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Please submit names to
[email protected]

MAZAL TOV!

R’ Yakov Schonberg of Bet Shemesh on the

engagement of his granddaughter

Yaacov Silverstein of Bet Shemesh on the bar

Mitzvah of his son

Please submit names to

[email protected]

Page 4 • August 16 • Parshas Vaeschanan

 DVAR TORAH
KIDS CORNER
FOR KIDS BY KIDS
PARSHA THOUGHTS
By Mordechai Sapoznick Flatbush By Akiva Solway
Ramat Beit Shemesh
L'zecher Nishmas Harav Chaim Leib Halevi Epstein ZT"L

The Megaleh Amukos tells us that In this week’s parsha it says the following:
the gematria of the word ‫ ָוֶא ְת ַח ַּנן‬is "‫ַה ְּׁש ִב יִ֔ע י ַׁש ָּ֖ב ת ַֽל ה' ֱא ֹלקיָך ֹלא־ַֽת ֲעֶׂ֨ש ה ָכ ל־ְמ ָל אָ֜כ ה‬ ‫ְויֹו֙ם‬
515. Moshe davened 515 tefillos to ‫יד‬:‫ְל ַ֗מ ַע ן ָי֛נ ּוַח ַע ְב ְּד ָ֥ך ַֽוֲא ָֽמ ְת ָ֖ך ָּכ ֽמ ֹוָך" ה‬..……‫ְוַע ְב ְּד ָֽך ־ַֽוֲא ָמ ֶ֗ת ָך‬..……‫ַא ָּ֣ת ה‬
Hashem to be allowed to go into “but the seventh day is a Sabbath to the Lord your G-d you
Eretz Yisroel. Although Moshe was shall perform no labor, neither you……your manservant, your
not able to enter, Hashem did maidservant………in order that your manservant and your
allow him to see Eretz Yisroel. maidservant may rest like you.” 5:14
____________ The pasuk above explains that the same way that we don’t
Dvar Torah from ‫ספר פרשה פשעטיל‬ do Melachos (work) and we get a day off on Shabbos so too,
our slaves and our servants also get a day off and they also
don’t have to work.
The takeaway is that theTorah here is teaching us a huge life
lesson that we need to constantly think about others. When
we hire someone for a job and we pay them, we should still
offer them a drink when they arrive or before they leave. We
should strive to treat others the same way we would like to be
treated.

*Dedicating this Dvar Torah to all the soldiers and security

A bochur went to tell his Rosh officials working to protect all of us in Am Yisrael
Yeshiva, Horav Chaim Leib Epstein
‫זצ"ל‬, that his father was very sick. Good Shabbos,
After he told the Rosh Yeshiva, he Akiva
never kept the Rosh Yeshiva [email protected]
updated on how his father was
feeling. The Rosh Yeshiva told the
bochur that he was upset for not
keeping him updated on his father’s
condition. The Rosh Yeshiva wanted
to know how his father was feeling
because he always had him in mind
in all his tefillos.

Page 5 • August 16 • Parshas Vaeschanan

Page | 16
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DAF TOPICS
By R' Yakov Hakohen Schonberg
Ramat Beit Shemesh
CONTRACT ANNULMENT AND VALIDATION
Bava Basra 47b states that if someone is hung from a tree and not let down until he agrees to sell something, the sale is valid. It is
considered a good sale because even though the seller was coerced into agreeing, nevertheless, since he accepted the money, we can
assume he ultimately agreed to the sale. Rashbam explains that the reimbursement received by the forced seller creates enough gemiras
daas to consummate the sale. He adds that when a person sells household items generally, he only does so because he is pressured for
money, yet it is a valid sale, as the Torah makes no distinction between items that he would prefer to keep and items that he does not
need. The combination of physical or mental pressure and the monetary incentive convinced the victim that this sale was in his best
interest. Although he would not have chosen to sell, the torture as well as the cash inflow have made him see things from a different
perspective and now, he has arrived at full consent. The problem is that this leaves the door open for dishonest individuals to intimidate
people into selling assets that they really want to keep. What can be done as a protection against such unscrupulous action?
MESIRAS MODAAH
In order to afford protection against forced sales, Chazal instituted a form of annulment of the sale prior to the event called mesiras
modaah. The gemora (40a) describes the method whereby the victim can invalidate the transaction by pre-emptively declaring that his
forthcoming act is only being done to remove the duress, but he intends to subsequently undo the transaction. The witnesses than write
a shtar modaah, a document stating that the transaction is void, since it was done under duress. The gemora then distinguishes between
a sale and a gift. The promise of remuneration causes the victim to truly submit to the pressure in the case of a sale, but a gift granted
under duress is completely invalid, and he simply tells the witnesses that the gift is being given against his will. With regards to a sale
however, the witnesses must be personally aware of the coercion being claimed
and write that in the modaah declaration. Shulchan Aruch (CM-205:1) rules
accordingly that any modaah that does not say explicitly: ‘we witnesses have
knowledge that this individual is being forced’ is not a valid modaah. This
document is held by the seller until after the sale is completed, because if it was
presented earlier, the coercion would not cease. The seller then calls the buyer to
Beis Din, where he produces the shtaar modaah with his claim to revoke the sale.
THREAT TO GO TO COURT
Any form of duress can invalidate a sale, whether it is by way of non-Jews or
Jews, physical, mental or monetary. Shulchan Aruch (CM-205:7) rules that even a
verbal threat of harm is sufficient. This is based on the sugya of ‘pardeisa’ (40b)
where an orchard was given as collateral to repay a debt for or three years. After Sample shtar modaah to protect against a forced
three years the creditor tells the owner that he must sell the field to him, or else settlement agreement as printed in Nachalas Shivah
he will deny that it is a mashkon and will take ownership for himself based on his three-year chazakah. The gemora says that this would
be considered a forced sale and a modaah will be valid to negate the sale. Thus, we see that a threat is still considered duress. However,
Rema quotes Maharik (185) who asserts that the threat of being taken to a secular court is not sufficient basis to believe that it will be
followed through. Also, even if it was brought to court the harm is not definite, because the court may rule in his favour. R’ Akiva Eger
cites the opinion of R’ Bezalel Ashkenazi that the consensus of the leading poskim is against Maharik’s ruling. Maharsham asserts that
Maharik’s contention that harm is not definite because he may win in court is hardly relevant nowadays, as it is common for litigants to
force their opponents to go to court even if their case is not strong. They do so because they know the court system is very expensive and
time consuming and they intend to wear down their adversary until he accedes to their demands. Be’er Haitev concludes that each case
needs to be evaluated to determine whether the threat was realistic. If the tormentor is not religious, it would be natural for him to go to
court, whereas a religious Jew may threaten to go to court without any intention to carry out that threat. Beis Din would look at
circumstances, such as if he had a history of similar aggressive actions dragging defendants through the court system, and the Dayanim
would decide whether the threat was real.
COMPROMISE AGREEMENTS
Mesiras modaah comes up in Beis Din quite frequently, but not necessarily in the way Chazal intended. Typically, a shtar modaah will be
produced in Beis Din in an attempt to invalidate a settlement agreement. Shulchan Aruch (CM-105:3) rules that peshara (compromise
settlement) is treated like a sale, and mechila (waiver of entitlement) is treated like a gift. We have seen that sale under duress is a valid
sale, but forced gifts are invalidated. It follows that a compromise settlement would be valid even if it was against his will. However,
Shulchan Aruch (CM-12:11) states that if one is threatened to be reported to the authorities to extract money which the recipient was
not legally entitled to, and a compromise agreement was signed, this agreement can be invalidated. This apparent contradiction is
explained by the poskim. Bach answers that where the party being threatened has no legal right to what he is demanding, but forces a
settlement by his aggression, then any monies received are like a gift, and that is voidable under duress. However, where it is unclear

Page 6 • August 16 • Parshas Vaeschanan

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who is in the right, it is as if any benefit arising from the compromise is being sold to each other, and that is a sale which is not voidable
without a modaah. However, if a settlement agreement can be overturned by a modaah, what can Beis Din advise to make a
compromise agreement foolproof?
BITUL MODAAH
Bitul modaah is where the parties declare that even if a modaah was issued, they now agree to a settlement that cancels all such
declarations. Problems associated with bitul modaah occupy a major part of divorce proceedings to ensure that the husband has not
previously nullified the Get. There is a machlokes Rishonim whether a final bitul
modaah will negate any modaos made previously, or if the previous modaos, which
were meant to invalidate any future settlements, will invalidate the final bitul
modaah as well. Tosafos (Gittin 34a) says that even if the modaah states that it
meant to be mevatel a bitul modaah, the bitul modaah is mevatel that too. Rosh
agrees, but notes that Rambam says that it is not mevatel. Rambam’s solution is to
declare: ‘anything that I previously said that could be mevatel the get, is now batul’.
In order to avoid any doubt, Rashba suggests that the best protection to guard
against modaos is to include a declaration that he regards any witness on any
modaah as pasul from giving testimony. Shulchan Aruch (EH-134:2) paskens like
Rashba, and Rema writes that invalidating ‘all modaos and modaos of modaos ad
infinitum’ is sufficient but it is better to comply with Rashba’s suggestion as well.
Another possible solution for a financial case would be ‘hodoas baal din’, meaning
that the claimant declares in the settlement agreement that he never made a
modaah. His own admission is powerful enough to invalidate any modaah.
AGREEMENT VALIDATION CLAUSE
Beis Din will draft a robust settlement agreement matching the stated intent of the parties, which Beis Din will evaluate in accordance
with their understanding of the situation. They will try and prevent it being undermined by including Rashba’s suggestion of the parties
invalidating contrary witnesses, and kabbolas daas yochid, acceptance of a minority opinion, which allows one to override halachic
obstacles, as long as there is a minority opinion that would uphold the intent. Any dispute regarding this agreement is subject to
adjudication in this same Beis Din. These conditions are incorporated in an agreement validation clause within the peshara settlement
agreement, which supersedes any disclaimers by way of a modaah.

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DAF INSIGHTS
By David Berk
Petach Tikva
The Sugya B"B47b-48b mentions the phenomenon of ‫סיקריקון‬ During the first and second stages Jews victimized by a Sikrikon
(SikRiKon ) which plagued Am Yisroel for decades and and managed to escape intact were left with NO recourse to
endangered the viability of Jewish communities in Eretz Yisroel. reverse the travesty. . After relinquishing his property, extorted
The Rashbam BB47b explains the historical events and the by viable death threats, the victims COMPLETELY accepted their
Rabbinic Takanos issued in response to the persecutions fates. There was unadulterated ‫ יאוש‬that was even effective on
endured after Bar Kochba. real estate and subsequent sales transactions were binding. As a
There were three stages of persecution: result a different Jew could eventually buy the property from the
Stage1: The Roman equated Judiasm with treason. Any Sikrikon and Jewish life could regenerate.
soldier not killing an encountered Jew was considered The third stage was different. Although Jews continued to
treasonous and liable to execution. succumb to extortion because of post trauma fears there was
Stage2: Though no longer treasonous to NOT summarily nevertheless a ray of hope of appealing to the Roman provincial
execute Jews, killing a Jew was rewarded with cash bounty. courts who at least payed lip service to Jewish rights. This "Ray of
Stage3: Killing Jews was considered capital murder but the hope" was Halachicly significant because the incomplete ‫ יאוש‬was
"spooked" Jewish population was still wary of Roman not Halachicly effective, the real estate transactions were no
strongman and were readily extorted by local thugs. However, longer binding, the rule ‫ קרקע אינה נגזלת‬applied and the victim
the fact that Roman government recognized Jews' rights left a remained the Halachic owner of the property despite the physical
smattering of hope that property illegally seized could seizure of the Sikrikon. As a result, if a Jew bought the property,
eventually be recovered by legal action. the victim who remained the Halachic owner could go to Beis Din
"Sikrikon" was a local, murderous thug that could be bribed to and remove the buyer from the property without compensation.
spare the life of a Jewish victim in lieu of the Jew's relinquishing As a result no Jewish investor would buy property from the
his property. Sikrikon and Jewish life in Eretz Yisroel could not regenerate.

Page 7 • August 16 • Parshas Vaeschanan

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Chazal acted and made the following multi part Takonos labeled a single egg can be considered a davar she’biminyan even though
"Din Sikrikon" (DinSkRiKn): it is a relatively inexpensive item.
Din SkRiKn1: The original owner has first right to buy out the The Mechaber lists sealed barrels as being a “davar chashuv”
seized property. that is not batel. The Shach (110:4) writes that this refers
Din SkRiKn2: If the original owner is broke or declined to Flatbush
specifically to large barrels. However, small barrels of wine even
redeem the property any Jew with the necessary capital can if they are sealed, or large barrels of wine if they are not sealed
redeem the property from the Sikrikon. would not qualify. The Rema however writes that we are
Din SkRiKn3: If the original owner did not succeed to redeem machmir that also a davar she’biminyan is not batel. Seemingly,
the property over 12 months, any Jew can redeem the property this should mean that even a small bottle of inexpensive wine,
despite the original owner's claiming he wants to redeem the should not be batel. Moreover, even bottles of milk (for example
property. a bottle of chalav akum mixed with 1000 bottles of chalav Yisroel)
Din SkRiKn4: It is assumed that the Sikrikon will discount the should likewise not be batel. Indeed, the Minchas Yitzchok (5:60)
property by 25%. Therfore, it is assumed that the amount paid writes that a bottle of milk is a davar she’biminyan and is not
was 75% of the property's value. batel even in 1000. However, this ruling of the Minchas Yitzchok
Chazal required that any purchaser pay the value of the is difficult. The Rema elsewhere (YD 134:2) writes explicitly that
discount to the original owner. This payment can be made in only large barrels of wine which are important (expensive) will
cash in the amount of one third of the sum paid to the Sikrikon not be batel. However, if they are small and not important, they
or the can handing over 25% of the property purchased from are batel. Certainly, a bottle of milk which is small and
the Sikrikon. inexpensive, should be batel even according to the Rema. The
Rashi in Gitten stresses that Chazal legislated the Din Sirikon Yad Yehuda (katzar 110:5) as well discusses expensive glass
only when: bottles of wine and concludes that they should be considered a
(1) there is 99% ‫ יאוש‬when succumbing to extortion of the davar she’biminyan. The implication being that only expensive
local strongman. Based on this near complete ‫ יאוש‬Chazal bottles of wine, since they are used to honor people would not
allowed any Jew to purchase the property after a year despite be batel, but a bottle of milk or juice or general canned items
possible objections of the original owner. would never qualify as a davar she’biminyan. However, this
(2) In respect for the 1% "ray of hope" Chazal: needs an explanation. We explained above that a davar
1. Gave priority to the original owner for one year she’biminyan does not need to be expensive, and even an egg
2. Did not allow other purchasers to benefit from the assumed can qualify. How do we resolve these seemingly contradictory
discount. rulings?
The Sugya in B"B47B continues with a discussion of ‫תלויהו וזבין‬ Rav Shalom Weiss (Kol Torah 5768), the son of the Minchas
(sales facilitated by physical extortion are binding). Yitzchok, points out that that there is teshuva from Rav Shlomo
Rashi ( Note: Rambam differs) Gitten58b learns that sales Kluger (Tuv Taam V’Daas [Tlisai 2:29]) which disagrees with his
made by a thug ( ‫ )אנפרות‬who CANNOT get away with murder father’s ruling. Rav Shlomo Kluger also discusses the status of
but squats and forcibily removes the owner are not valid. Only bottles of wine and suggests that they should be batel b’rov
real estate transactions extorted by viable death threats are based on the Rema mentioned above. What about the concern
valid due to unadulterated ‫ יאוש‬caused by Holocaust type that it is a davar she’biminyan? Rav Shlomo Kluger explains that a
persecutions. "Everyday thugs" do not create such ‫יאוש‬. The bottle of wine is not a davar she’biminyan, since it is the bottles
Rashba adds that these thugs (labeled ‫ )אנפרות‬did not pay that are being counted, not the wine; and the bottles themselves
anything to the displaced owner thus the rule ‫תליוהו ויהיב‬ are not issur. The only time the wine will not be batel is if there is
(extorted gift is not binding) applies. However, if the thug paid a a significant quantity of wine, such as barrel’s worth. Then it
below value amount there is a possibility that the rule ‫תליוהו וזבין‬ would qualify as a davar chashuv. Even then, it would only be a
applies and extorted "sale" is binding. davar chashuv so long as it is in a sealed barrel; otherwise, it
loses its chashivus. Even regarding a bottle of expensive wine,
KOSHER KORNER Rav Kluger posits that it is not chashuv enough, but concludes
By OU User/Mutty Grunberg that one should not be maikel unless it is a case of hefsed
Har Nof mirubah. However, regarding a bottle of milk, it would seem
quite clear that this would not be a davar she’biminyan.
Cont.
What Types of Items are Considered a Davar She’biminyan? Reprinted from OU Daf HaKashrus
The Pri Megadim (Sifsei Daas 101:7) writes that it is not Mutty Grunberg/OU User
necessary for a davar she’biminyan to be an important item; all [email protected]
that is necessary is that it is not miyus (disgusting). For example,
although unplucked chickens are counted individually, they
would not be considered a davar she’biminyan, because an
unplucked chicken is considered grotesque. On the other hand,

Page 8 • August 16 • Parshas Vaeschanan

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