בס"ד
On 8 Elul I completed the book (tractate, Mesechta) “Bava Kama” in the Babylonian Talmud. The title basically means “First Part” because it is from a three part series. The theme of the trilogy is property damages. Because of its large volume, it is divided into three parts. The other two are Bava Metzia (center part) and Baba Basra (final gate). Baba Kama deals with robbery and restitution for damages. It is considered a very prestigious Mesechta and those that study it are often treated with honor.
I started learning it as a result of a visit about two years ago to my old Talmud teacher, Rabbi Moshe Pindrus, from Yeshiva Ohr Somayach. I hadn't seen him in quite some time and during the course of our conversation he asked if I was studying Gemara. When I sheepishly admitted that I was not, a look of great sadness crossed his face. With that I resolved to resume my Talmud studies.
As an expression of my happiness, I phoned my old Gemara havrusa (study partner) Avraham Ehrblich. I discussed the mesechta with him commenting that my understanding and appreciation of the Talmud had advanced considerably over the years. He gave me a heartfelt congratulations and wishes for further success.
We chatted some and I could see that he was interested in hearing of the insights I had obtained. I focused on the section of the Gemara which deals with the topic that is about returning a stolen item to a deceased convert who has no heirs. It is typically called גֶזֶל הַגִר. It’s based on Numbers 5:8, which states, “If a man has no savior (גֹּאֵל) to return his guilt (הָאָשָׁם) to, his guilt will be returned to Hashem to the priest, besides the ram of atonement that through which he will be atoned”. The Gemara takes the position that a convert is a totally new creation, therefore prior blood relations no longer exist. Also all Jews are related through Jacob, our patriarch. As a result this verse can only refer to robbery from a convert. There are many aspects to this verse that can be explored especially in view of its analysis in Bava Kama.
The aspect that captured my attention at the moment was the question posed by the Gemara as to whether the item returned to the priests should be viewed as an inheritance or a gift. My own point of view is that an inheritance involves more than property, rather it includes the idea of keeping the memory of the deceased alive. Traditional applications of this concept include saying Kaddish for the deceased, lighting a memorial candle on the yahrzeit, and periodically visiting the grave. For myself I look at photographs of them and upload them onto Facebook, phone members of my family, and bring refreshments to shul.
Extending the concept that a convert is a new creation to the extent that the immediate family is not to be reckoned in all cases as inheritors, seems to me to be excessive. In addition saying that a very distant relative is an inheritor also seems to be excessive. More problematic the net result of these positions is to basically annul this verse in the Torah.
I also received congratulations from others, among them my good friend from Brachfeld Baruch Rosenfeld, Rabbi Viener of the Biala synagogue, where I often sit and learn, as well as my brother Danny. In addition I made donations to the websites Sefaria and Chabad. To celebrate I made myself a festive meal of a salami sandwich and a beer.
The next day I went to the Western Wall to give thanks to G-d for bringing me to this achievement. It took me about two years to finish the mesechta. As a result I was happy and proud and this seemed to be a good way to express my joy. My old magid shiur in Gemara was on the way and I was lucky enough to find him at home. In fact this was the high point of the Jerusalem visit.
I was happy to go to the Wall and there I gave tsedaka and said a number of Psalms among the 45, 103 and 148. Psalm 45 describes a talmid chacham as a humble, righteous warrior, married to a beautiful woman. Psalm 103 main theme is penitence and God’s love and mercy. It’s often said as a prayer for the sick. I particularly like verse 5, “He satitiates your body with good, and renews like an eagle my youth”. Psalm 148 is an exhortation for all aspects of the creation to praise Hashem. Its beauty comes through its diversity and increasing intensity.
There is a halachic opinion that it is a mitzvah to spend money in Jerusalem. It’s an aspect of the second tithe. As such I had a half a pita of falafel and a french fries at one of my favorite shops. Inside the old city I ate a slice of pizza. And in the central bus station I bought some ice cream.
Even so, seeing Rabbi Pindrus is what really warmed my heart. Of all my teachers he’s one that I’d use the word beloved. He welcomed me warmly and cheerfully. I’m 72 and he may be around 80 and I could see the years had taken their toll. His apartment was in the neighborhood across the street from Yeshiva Or Somayach where he had spent his career. I’d say that he had dedicated his life to the yeshiva world and that the Gemara was central to his life.
We chatted for about an hour about Talmud study and I said that for a long time I did not really understand the document. Specifically it was not case law but rather pilpulei talmidei chachamim (פילפולי תלמודי חכמים), literally the discussions of wise students. To really understand the Gemara it helps to function on a colell. There you will find people as wise and saintly as Rabbi Shimon bar Yochai, teachers as learned as Rabbi Meir, and students as dedicated as Rabbi Yehuda. There are also havrusas like Rav and Shmuel, Rabbi Yochanan and Reish Lakish, and Beit Hillel and Beit Shamai. It may be cringe worthy but at times their discussions more resemble those of sports fans than those of jurists, but that really is the way to understand it. At the cost of misunderstandings of the law one gains a love of those that study Torah.
This caused many heated discussions between Rabbi Pindrus and myself, especially because my focus was the Torah of Moses and the prophets. I expressed the sentiment that at times studying the Gemara was like searching for pearls in the sand. The result at times was that the opinion that I felt was true may be rejected.
I then expounded on the verse concerning an ox that has been witnessed to be dangerous must be carefully guarded by its owner. The Chumash states that if the owner fails to do so, he should die. Rabbi Pindrus quickly added at the hands of heaven meaning that it was not a capital offense to be executed by a human court, which is the accepted explanation. I voiced the objection that according to the Gemara for the ox to be adjudicated to be dangerous it must kill three times. This was inconsistent with the verse that an ox that kills one person must be stoned to death. The rabbi with understanding and some exasperation gave one of the explanations in the Gemara that perhaps the ox hid out in a swamp, thereby evading judgment. I said that there is an opinion in the Gemara, briefly stated and quickly rejected, that a judge can rule that the animal is dangerous even if it has not killed a man, which was my point of view. Also this seems to be the intent of the Torah. Rabbi Pindrus was all smiles when I took a selfie with him and I continued on my way.
The following Shabbos I made a formal siyum at the Biala beis midrash, where I sponsored a kiddush. It was not elaborate; Yerushalmi kugel, herring, and a bottle of Arak. I said the special kaddish for a siyum after which Rabbi Weiner started dancing with me and other congregants promptly joined in. While we enjoyed the refreshments the rabbi gave a talk on the weekly Torah reading during which he praised those that study the Torah. I also started the next mesechta in the Gemara Bava Metzia and received many good wishes that just as I finished this project so too I should start and finish other sacred texts.
לע"נ
האבא פייוול בן אהרן זצ"ל ב אדר תשפ"ג
האמא מלכה בת חיים ז"ל נלב"ע טו ניסן תשנ"ח
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