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[flv:/sources/soh_18.flv 240 180]
Video of shiur 18
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Sources of Halacha 18
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Source of Halacha 18
Rabbi Triebitz continues with Berachos 12a and the topic of safek berachos lehakel.
If someone thinks they have a cup of wine in their hand, but it turns out to be mead, do they have to make another beracha over it or not.
Tosefos there brings an interesting opinion of the R”I that there are some times when we say safek berachos lehachmir. This also seems to be the view of the Maharsha (on the spot) and perhaps also the opinion of the Avi Ozri (cited by Rabbi Akiva Eiger on the page).
Rabbi Triebitz explains that there are two different kinds of safek, one which of which we act leniently in cases of doubt, and the other stringently.
He brings the gemara in Pesachim 102 and the Maharsha there. Also the sugya in Bava Metzia which talks about the takana of hashavas gezeila.
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[flv:/sources/soh_17.flv 240 180]
Video of shiur 17
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Sources of Halacha 17
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Source of Halacha 17
This shiur is a continuation of the previous one. Rabbi Triebitz goes through Tosefos (Berachos 11b “she-kvar niftar“) carefully, and examines their comparison of the blessings of Torah and the blessings of Sukkah.
It seems that in both cases (and in the case of Tefillin) there was an original, Tannaic, view that the blessing was only required once a day. This was followed by an Amoraic opinion that required a blessing every time a person does the mitzvah. And finally the Rishonim seem to bring the mitzvah back to a modified version of the original mitzvah, limiting it to once (or a few times) a day.
Some of the sources cited in this shiur:
Berachos 11b (and Tosefos there)
Tur Orech Chaim 639
Shulchan Aruch Orech Chaim 639:8
Sukkah 45b
Tosefefta Berachos 6:15
Shulchan Aruch Orech Chaim 25:12
Rambam Hilchos Tefillah 7:10-11
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[flv:/sources/soh_16.flv 240 180]
Video of shiur 16
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Sources of Halacha 16
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Source of Halacha 16
This shiur is on the Gemara Berachos 11b which discusses the obligation to recite blessings before learning Torah. Rashi there explains why the blessing before the Shema exempts a person from saying the blessings, but Tosefos attacks him based on a Yerushalmi (Berachos 9b).
Other sources for the shiur include Rambam Hilchos Kerias Shema 1:2 and Hilchos Tefillah 7:10-11.
Rabbi Triebitz spends a lot of time learning Rabbeinu Yonah’s explanation (p. 5 in the page of the Rif).
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[flv:/sources/soh_15.flv 240 180]
Video of shiur 15
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Sources of Halacha 15
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Source of Halacha 15
In this shiur Rabbi Triebitz discusses the basis for chumros, and when it is permitted to follow a chumrah. He begins with the Gemara’s discussion of Rabbi Tarfon (who was nearly killed because he wanted to be stringent like Beis Shammai – and the other Rabbis told him that he deserved to die because his chumrah was not legitimate) on Berachos 10b-11a.
The main source here is the Beer Sheva (Responsa 21) who is cited by the Magen Avraham in Shulchan Aruch.
The other key source is the Yerushalmi Shabbos 1:2 which states that anyone who follows a chumrah is a ‘hedyot’ (which basically means what it sounds like).
This is a very important shiur for those who want to understand the nature and role of chumros, and when it is permitted to be stringent, and when not.
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[flv:/sources/soh_14.flv 240 180]
Video of shiur 14
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Sources of Halacha 14
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Source of Halacha 14
If a person did not read the morning Shema in time, they may read it later. The question is whether they should recite the berachot or not. The Rosh, based on Rav Hai Gaon, says to read with berachot only up until the 4th hour. Rambam says even the whole day.
The Shulchan Aruch (58:6) paskens like the Rosh and Rav Hai Gaon.
However, the Pri Chadash (Orech Chaim 58:6) says that the halacha is like the Rambam (which is also a possible reading of the biur halacha)
The Chazon Ish (Yoreh Deah 150) discusses when and why it is permitted to argue against the Shulchan Aruch.
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[flv:/sources/soh_13.flv 240 180]
Video of shiur 13
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Sources of Halacha 13
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Source of Halacha 13
If a person did not read the morning Shema in time, they may read it later. The question is whether they should recite the berachot or not. The Rosh, based on Rav Hai Gaon, says to read with berachot only up until the 4th hour. Rambam says even the whole day.
The Shulchan Aruch (58:6) paskens like the Rosh and Rav Hai Gaon.
However, the Pri Chadash (Orech Chaim 58:6) says that the halacha is like the Rambam (which is also a possible reading of the biur halacha)
The Chazon Ish (Yoreh Deah 150) discusses when and why it is permitted to argue against the Shulchan Aruch.
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[flv:/sources/soh_13.flv 240 180]
Video of shiur 13
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Sources of Halacha 13
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Source of Halacha 13
In his introduction to the Beis Yosef Orech Chaim, Rav Yosef Karo states that he will follow the best two out of three of the Rif, Rambam and Rosh. Why does the Shulchan Aruch not follow his rule of following the majority ruling of Rif, Rambam and Rosh? In times of Shema he seems to go with the Rosh and Rabbeinu Yonah, against Rambam and Rif. Why does the Gra say that it only seems as though the position of the Rif is not like that of the Shulchan Aruch? Is it not explicit?
And when is the earliest time for saying Shema after all is said and done?
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[flv:/sources/soh_12.flv 240 180]
Video of shiur 12
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Sources of Halacha 12
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Source of Halacha 12
This shiur is a continuation of last week’s shiur. The Talmud seems to contradict itself in the halachos of Shema in the evening and in the morning. It seems to uphold two opposing opinions.
The Rif explains that one is l’chatchila and the other is b’di-eved, but maintains that both are halacha.
Baal HaMaor challenges the Rif, saying that two contradictory opinions cannot both be halacha. The only thing that the two opinions agree on is that they are mutually exclusive!
Rabbi Triebtiz answers on behalf of the Rif by using the concept of minhag. Since the times of Shema are phenomenological (based on when people get up and go to bed) different minhagim can all be valid. And since the minhag is valid in one place, it is acceptable as a b’di-eved opinion even in another place.
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[flv:/sources/soh_11.flv 240 180]
Video of shiur 11
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Sources of Halacha 11
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Source of Halacha 11
This shiur is a continuation of last week’s shiur. The Talmud seems to contradict itself in the halachos of Shema in the evening and in the morning. It seems to uphold two opposing opinions.
The Rif explains that one is l’chatchila and the other is b’di-eved, but maintains that both are halacha.
Baal HaMaor challenges the Rif, saying that two contradictory opinions cannot both be halacha. The only thing that the two opinions agree on is that they are mutually exclusive!
Rabbi Triebtiz answers on behalf of the Rif by using the concept of minhag. Since the times of Shema are phenomenological (based on when people get up and go to bed) different minhagim can all be valid. And since the minhag is valid in one place, it is acceptable as a b’di-eved opinion even in another place.
You can watch and download the shiurim below. As always please send any comments, thoughts, ideas or criticisms to admin at hashkafacircle.com
[flv:/sources/soh_11.flv 240 180]
Video of shiur 11
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Sources of Halacha 11
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Source of Halacha 11