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Speaking of halachos learned out from Balak, I remember from my brief stint in Rav Schacther’s shiur an interesting little halachik tidbit.
גמרא in נדה 55b says that based on the posuk that “דם חללים ישתה” (found in this week’s sedra) we learn that bruised blood is able to be מכשיר לקבל טומאה.
But how can there be a limud halacha from a praise of Bilaam? Indeed, as Dani mentioned, the גמרא in בבא בתרא 14a says that משה wrote the “Parshas Bilaam.” של"ה asks that once we know that משה wrote the whole חומש, it is obvious that he also wrote the Parshas Bilaam, so why does the Gemara make a special point to say he wrote this parsha? Brisker Rav explains, based on the following Sifre which says that although “לא קם נביא כמשה” still there will be a נביא like משה who will arise in the אומות העולם. As such, says the Brisker Rav, there’s a hava amina that Bilaam actually WROTE the parsha and those particular “praises” to כלל ישראל, but קמ"ל from the aforementioned גמרא that even משה was dictated by Hashem to write those particular type of praises. Once something has been written in this way, that section of the חומש becomes a חפצא של תורה and can be used to learn הלכות from.
I took it has a given that Moshe wrote parshas Balak - I mean more from the perspective of your average Jew in the midbar. When/how did they hear about this?
- Ezra
I haven't heard Effie's articulation of that Gemara/Tosafos lamdus, but in Rabbi Aryeh Lebowitz's shiur on hechi kedusha he quotes from the sefer Eretz Tzvi that applies that same second answer of Tosafos to show that if one starts mincha before shkiyah, even he would finish it after shkiyah, its considered "bezman" thus one doesn't need to finish before zman of shkiya.
Also, effie, the gemara and Tosafos are on Brachos 6b. Go nuts.
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So, I just saw the teshuvas chasam sofer and he quite clearly says that Moshe Rabbenu was told, at some later date, about those events and "rak mipeh HKBH Yisborach nichtavu hadevarim."
Perhaps that's really the purpose of the Gemara's emphasis of saying Moshe wrote parshas Bilaam, besides for the aforementioned analysis addressing the validity of halachik limudim from the parsha. I would think that THIS understanding is the more straightforward one...
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It's in Mishna Berura 233:14. It's worth noting that Aruch HaShulchan (and as Yosef mentioned, Rav Ovadia Yosef) are fans of the "just get your foot in the door" Mincha.
1. רש"י in שבת 128b says that from the דין of פריקה for a בהמה.
a. This is also seen in בספר המצות מצוה רב' רמב"ם.
2. שיטה מקובצת in ב"מ quotes the ראב"ד who says that this איסור comes from “לא תחסום.”
3. א:ז שאלת יעבץ quotes the גמרא in ברכות 40a from the fact that a person needs to feed animals before eating shows that צער בעלי חיים is דאורייתא.
4. R'Sacks says, based on a myriad of other מראי מקומות that this particular איסור is based on "רצון התורה"
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For those interested its found in Sichos Mussar ma'amer 79 on page 344.
Its important to distinguish this source, in my opinion. It seems that R'Chaim Shmulevitz is merely trying to emphasize the importance of good middos rather than a bright line law, like the 4 mentioned before.
There he explains that keeping the ason alive, and not killing it would have publicized a tremendous kvod shamayim as it WAS a tremendous creation, created during bein hashmashos of the days of creation. Yet, keeping the ason alive would've extremely embarrassed Bilaam. Indeed, the Gemara says that when a person engages in beastiality, both the person and the animal die. The reason is so people do not identify the particular animal as the one who caused the deviant's death. So, keeping the ason alive would've raised the same concern. As such, R'Shmuelvitz explains that there is a tremendous lesson that even for someone who is a great rasha, he still has a "shem ADAM" and it is worthwhile to forgo kvod shamayim in order to spare extreme embarrassment.
I stress this point: in classic form, R'Shmuelvitz is not inferring black letter law, nor is he quoting any particular source doing such, its a mussar-point, and although important to internalize, not within the 4 chalakim of Shulchan Aruch (maybe in the 5th, though). Nevertheless, a good read and thanks for the lead.
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I am not sure if one is precluded from learning halacha from such seforim, but I am going to narrow my previous post to avoid confusion.
Rarely, in my opinion/understanding does R'Shmuelvitz in Sichos Mussar DERIVE laws, halacha lemaaseh, which we can learn. In parshas balak, like other places, he's trying to emphasize and encourage good practice and spiritual growth. Undoubtedly, one could learn from certain sifre mussar. I would certain crown "nefesh hachaim" with that honor (tho, its arguably its not "mussar." Def another debate...)
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ואילו שמענו הבטחות מופלאות כאלו מפי נביא אחד מנביאי ישראל לא היה כבודנו ותפארתנו כל כך כמו עתה ששמענו מפי נביא אומות העולם שהוא קטיגורנו ונאמן בזה יותר מאחר, שהוא מלאך רע ועונה אמן בעל כרחו.