 |
|
|
The Israel Koschitzky Virtual Beit
Midrash
Gemara Sukka
SHIUR #24: CHATZITZA Rav Ezra
Bick
The Mishna on p. 36b records a dispute regarding the type of material
that may be used to bind the lulav.
The dispute between Rabbi Yehuda and Rabbi Meir is based on the
prohibition of bal tosif.
If lulav requires binding, in which case the binding itself is
regarded as part of the cheftza of the mitzva, then one must not
bind the lulav with a species other than the four species required for
the mitzva, or else he will violate the prohibition of bal
tosif.
In the continuation of
the passage (p. 37a), the Gemara brings several cases that are subject to a
disagreement between Rabba and Rava concerning a chatzitza (intervening
object) between the lulav and the hand of the person holding the
lulav. The tie itself
may constitute such a chatzitza, if the person holds the lulav by
that portion that contains the tie (this is the common situation today, when the
prevalent custom is to bind the lulav with the Y-shaped holder woven out
of lulav leaves). The
problem of chatzitza depends on the halakhic status of the tie. If a lulav requires binding, then
it stands to reason that the tie should not be regarded as a chatzitza
according to all opinions, because the lulav and the tie together
constitute the cheftza of the mitzva. This is explicitly stated by Rashi (s.v.
sheyarei). Only a tie that
is external to the cheftza of the mitzva, i.e., according to the
authority who says that lulav does not require binding, or some other
object might constitute a chatzitza. Rabba presents a list of cases which he
regards as a chatzitza, all of which are rejected by
Rava. The Gemara discusses
three cases: 1.) The
tie itself: Rabba requires that a person hold the lulav at some point
other than at the tie, because the tie itself would be regarded as a
chatzitza. Rava responds:
"Anything for the enhancement of [the lulav's] beauty is not a
chatzitza." 2)
Kerchief: Rabba warns against holding the lulav by way of a
kerchief. Rava answers: "Taking
something by way of something else is regarded as taking
it." 3)
Rabba warns about a case where leaves that had become detached from the
lulav or the hadas are caught inside the tie, for in such a case
they are regarded as a chatzitza.
Rava answers: "Anything of the same species is not a
chatzitza." In the first and the
third cases, Rabba bases the disqualification on chatzitza and Rava
relates to the disqualification by limiting the applicability of the law of
chatzitza - anything added to enhance the lulav's beauty is not a
chatzitza and anything of the same species is not a chatzitza. In the second case, that of the
kerchief, Rabba formulates the disqualification differently "One must not take
the hoshana with a kerchief, for we need 'whole taking' (lekicha
tama) and this is missing." Rava answers using the same language: "Taking
something by way of something else is regarded as taking it." This linguistic
difference suggests that the case of the kerchief does not involve the problem
of a chatzitza, but rather a different disqualification, learned from the
word "ve-lakachtem," "and you shall take." The question arises: Why not
also see the kerchief as a kind of chatzitza, and what is the basis for
the linguistic difference between the cases? I.
THE POSITION OF THE TOSAFOT The Tosafot (s.v.
debe'ina) assume that the problem of chatzitza applies to
lulav. The term
ve-lakachtem, "and you shall take," requires that the hand of the taker
must come into direct contact with the lulav. Whatever constitutes a chatzitza
disqualifies the taking.
Accordingly, argue the Tosafot, if a person wraps a kerchief
around his hand, and then takes hold of the lulav through the kerchief,
the taking is disqualified because of chatzitza, and not because of
"whole taking." Rava would not disagree in such a case, and taking the lulav
with such a chatzitza (which comes not to enhance the beauty of the
lulav and is not of the same species) would be disqualified even
according to Rava (and thus also according to the final law). But this is not the case of the kerchief
discussed by the Gemara. The Gemara
relates to a case where a person fashions a holder out of the kerchief (as
formulated by the Tosafot, Pesachim 57a "like pliers"), and
holds only this holder.
In such a case, argue the Tosafot, there is no problem of
chatzitza, "because the entire lulav is out of his hand." Rabba,
however, comes up with another disqualification taking something by way of
something else is not regarded as taking.
And Rava disagrees on this point. On the face of it, this
position is incomprehensible. If
"taking" requires direct contact between the body of the taker and the object
that is taken, and even a piece of material or a detached leaf is regarded as a
chatzitza, then how can one fulfill his obligation when he is not at all
holding the lulav, but only some kind of a handle connected to it? In
such a case he has even less of a hold on the lulav than in the case
where a single detached leaf interposes between his hand and the
lulav. Why in such a case do
both Rabba and Rava agree that there is no problem of chatzitza, and
disagree only on the definition of the act of "taking," whether or not taking
something by way of something else is regarded as taking? Essentially, we must
understand how we learn from the word "ve-lakachtem" that
chatzitza disqualifies.
There is certainly no law regarding the person's hand as a cheftza
that it must touch the lulav.
Rather, the Gemara, according to the Tosafot, maintains that
whenever a person's physical action is required, the gavra performing the
action must relate directly to the cheftza of the action. This does not mean that his flesh must
come into actual contact with the lulav, but rather that his hand as
performer of the action must touch the lulav. Therefore, pliers or a handle, since
they help a person take hold of an object, are considered part of the person's
hand. Obviously, a kerchief will
never become nullified and lose its identity to the person's body when the
latter is seen as a piece of flesh.
For example, if a person would immerse himself in a mikve with
pliers in his hand, the pliers would certainly be regarded as a
chatzitza. Regarding the act
of taking, however, we are interested in the person's hand, not in the sense of
a piece of flesh, but as that which exerts force and performs an action. Whatever becomes integrated into the
action, for example, by improving the person's grip, becomes nullified to the
hand, and is therefore not regarded as a chatzitza. Rabba, however,
maintains that there is a special Scriptural decree that requires not only
taking on the part of a person, but lekicha tama, "whole taking."
According to him, taking something by way of a utensil, even if the utensil
improves and contributes to the taking, is a lower level of taking than taking
that is performed entirely by the person without the help of some other
object. Rava disagrees and says
that taking something by way of something else is indeed lekicha tama,
and in no way inferior to simple taking with the fingers alone. But if a person wraps the lulav
or his hand in a kerchief, in such a manner that the kerchief does not take
hold of the lulav as a utensil that assists in the taking, but on the
contrary, it interferes with the person's direct taking, the kerchief is
regarded as a chatzitza, and therefore Rabba disqualifies such a
taking. Rava agrees that there is a
chatzitza here, namely, that there is an intervening object between the
person's hand and the lulav, but he argues that not every intervening
object disqualifies. Anything added
to enhance the lulav's beauty is not a chatzitza, because it is
nullified to the lulav and is regarded as part of it, even though,
halakhically, it is not essential for the fulfillment of the mitzva. And so too anything of the same
species is not a chatzitza, because it too is regarded as an addition to
the lulav and subordinate to it owing to the commonality of
material. II. THE
POSITION OF RASHI Rashi in Pesachim
57a writes that a glove acts as a chatzitza with respect to sacrifices,
because the verse says "And the priest shall take," implying that we require
taking on the part of the priest himself (as cited by the Tosafot in
Pesachim and by the Tosafot in Sukka). It seems that Rashi understands that
since the verse mentions the body of the priest "and the priest shall take"
we therefore require that the taking be performed by the priest himself. That is to say, if the verse mentions
only an action and an object, as in the verse, "and you shall take
the fruit of
the hadar tree, branches of palm trees," then the lulav is the cheftza
and the taker is the gavra who performs the action. In such a case we require contact
between the lulav itself and the one who performs the action, as an actor
and not as a body. In the case of
the lulav, I am interested in the action of the doer and the body of the
lulav. In the case of the
sacrifice, the Scriptural decree teaches that I also need the body of the holy
vessel and the body of the priest.
It turns out then and the wording of our Gemara is precise that
something that is tied around or connected to the lulav is regarded as a
chatzitza, but on the part of the doer there is no need for the absence
of a chatzitza, but only an action taking. Rabba and Rava disagree whether or not
taking, as an action, by way of some other object, is considered
taking. See Tosafot,
Yoma 58a, s.v. min be-sofo, in the name of the Ritzba, who
distinguishes between the law applying to a sacrifice and the law applying to a
lulav. The Ritzba
understands, as do the Tosafot, the case of the kerchief as a sort of
pliers. And he understands that in
the case of a lulav, something similar to pliers is fit, whereas in the
case of a sacrifice, we require the body of the priest. This distinction corresponds to our
understanding of Rashi, but it is applied to the case of the
Tosafot. Our Tosafot
understand Rashi in a different manner.
The Tosafot distinguish between something that is wrapped around a
person's hand in an honorable manner and something that is found there in a
shameful manner. There in
Pesachim Yissachar from Kefar Barkai wrapped a kerchief around his hand
in order to protect himself from becoming dirty from the blood of a sacrifice,
and therefore the kerchief acts as a chatzitza. This is not the case involving the
lulav. This distinction is
not found in Rashi itself, but rather it is the resolution of the Tosafot
according to Rashi. We prefer our
understanding of Rashi that the verse regarding a sacrifice requires the body of
the priest, as opposed to the case of the lulav, where there is no need
for the body of the taker, but only that the person perform an act of
taking. III. THE
POSITION OF THE RITVA AND THE RAN According to Rashi, a
kerchief tied around the person's hand does not constitute a chatzitza,
because there is no need for the body of the hand. According to the Tosafot, a
kerchief tied around a person's hand does not constitute a chatzitza,
because we are dealing with a kerchief used as pliers, in which case it is
nullified to his hand in its capacity as doer of an action, since it improves
the action. The Ritva and the Ran
understand that the law of chatzitza does not apply to a lulav, in
the true sense of a chatzitza, as it applies to a sacrifice or to ritual
immersion. All three laws in our
passage are based on lekicha tama, even though this expression appears
only in the second case. If there
is some additional object between the lulav and the person's hand, it is
not lekicha tama. Rava
argues that if that object is found there to enhance the beauty of the
lulav, it is as regarded as one cheftza together with the
lulav, and thus the taking is regarded as lekicha tama. So too in the case of taking the
lulav by way of something else, that object is nullified to his hand (as
long as it is there in a respectful manner). Thus it is the person's hand, in the
wide sense that takes the lulav in a manner of lekicha tama. The two formulations in the Gemara
chatzitza and lekicha tama relate to the same
disqualification. Chatzitza
does not mean an actual chatziza, but rather it describes the
action. The Ritva does not
explain what is regarded as nullified (batel; or tafel in his
terms) to a person's hand.
Regarding the etrog, the criteria are explained in the Gemara
either to enhance the beauty or the same species. But why the kerchief should be nullified
toward his hand and subordinate to it, is not explained. It seems that with respect to a person's
hand, the subordination relates to the action, rather than to the nature of the
cheftza. For example, it is
not clear that identical species do not constitute a chatzitza regarding
the hand. But something that is
operated by the hand and uses the force of the hand is regarded as subordinate
to the hand. One possible practical
ramification between the various views relates to the wearing of gloves. According to the Tosafot, gloves
are a chatzitza, but according to the Ritva, this is taking by way of
something else, and fit according to Rava. For further
study: 1)
See Shulchan Arukh 2)
The position of the Rambam.
See the Rambam's wording.
According to the Rambam, is there one disqualification or
two? 3)
"Anything of the same species is not a chatzitza." Some
talmudic passages imply that all agree that anything of the same species is not
a chatzitza (for example, regarding ritual immersion, about which the
Gemara in Yevamot says that if a woman converted while she was pregnant,
her child does not require immersion, because anything of the same species the
mother's body with respect to the fetus's body is not a chatzitza. And so too in Yoma regarding
a bowl within a bowl. Other
passages imply that there is uncertainty regarding the matter (a firstborn,
Chullin 70a). The Tosafot
conclude that the "cases cannot be compared." What is the rationale behind
saying that with regard to a firstborn, even the same species should constitute
a chatzitza? (Translated by David
Strauss) |