MENACHOS 46 (20 Nisan) - Dedicated by Mr. Martin Fogel of Carlsbad, California, in memory of his father, Yaakov ben Shlomo Fogel, on the day of his Yahrzeit.

46b----------------------------------------46b

1)

GIVING TO THE TZIBUR

(a)

Gemara

1.

(Mishnah - R. Yehudah citing Ben Buchri): If a Kohen is Shokel (gives a half-Shekel along with Benei Yisrael, to buy Korbanos Tzibur), he does not transgress.

2.

21b Question: If Kohanim are exempt, a Kohen who is Shokel transgresses, for the Tzibur will (improperly) buy Korbanos using his half-Shekel. They are Chulin b'Azarah!

3.

Answer: The Kohen gives his half-Shekel to the Tzibur, and then it is given to Hekdesh.

4.

Zevachim 116b (Beraisa): When David bought Arnon's Goren (threshing floor) to build the Beis ha'Mikdash there, he collected from each Shevet 50 gold Shekalim.

5.

Bava Basra 10b (Beraisa - R. Gamliel) "Tzedakah Teromem Goy v'Chesed l'Umim Chatas" - Tzedakah elevates Yisrael, but it is a sin for Nochrim, for they give only to be haughty;

i.

Every haughty person falls to Gehinom - "Zed Yahir... b'Evras Zadon" ("Evras" refers to Gehinom).

6.

133b (Beraisa): Yosef ben Yo'ezer was Makdish a Keli full of coins. His son found a pearl inside a fish. Hekdesh appraised it for 13 Kelim of coins, and told him that Hekdesh has only seven. The son took seven; the other six was a gift to Hekdesh.

i.

Version #1: They wrote down 'Yosef ben Yo'ezer brought one Keli of coins to Hekdesh, and his son gave six.

ii.

Version #2: They wrote down 'Yosef ben Yo'ezer brought one Keli of coins to Hekdesh, and his son took seven from Hekdesh.' (end of Version #2)

(b)

Rishonim

1.

Rashba (1:581): Reuven had a house next to the Heichal (Aron) of the Beis ha'Keneses. He built a beautiful building and wanted to annex it to the Beis ha'Keneses. The congregation agreed only to make it the Heichal. Reuven wants to write his name on it that he donated it. The Tzibur cannot protest. It is proper for him to do so. This is the custom in many congregations. This is the Midah of Chachamim and an ancient practice to reward those who do Mitzvos. The Torah writes and publicizes those who do Mitzvos, e.g. Reuven saving Yosef, Bo'az giving to Rus, and Aharon going to greet Moshe with Simchah (for Moshe's greatness). We must follow its ways! In the past, the Navi wrote people's good deeds. Nowadays, Eliyahu writes them, and Mashi'ach and Hash-m sign - "va'Yakshev Hash-m va'Yishma va'Yichasev b'Sefer Zikaron Lefanav l'Yir'ei Hash-m." In Bava Basra we say that they wrote 'Yosef ben Yo'ezer brought one Keli of coins to Hekdesh, and his son gave six.' This shows that they would write the names of those who donated, for a good remembrance for them, and to encourage others to do so.

i.

Beis Hillel (YD 249:2): One can reject all these proofs. The Torah wrote them, and these great people did the Mitzvos, in order that others learn from them, but one cannot force the Tzibur to do so, and also his intent is not l'Shem Shamayim in order that others learn from him. However, he can force holds that Tzibur to write his name and they cannot refuse, for he can say that through Lo Lishmah, he will come to Lishmah. This will open the door for him to do a Mitzvah, like one who learns in order to be called Rebbi. Tosfos (Ta'anis 7a DH v'Chol) says that this is Lo Lishmah. The same applies here.

(c)

Poskim

1.

Rema (YD 249:13): One should not aggrandize himself for the Tzedakah that he gives. If he does, not only will he not be rewarded for it, rather, he will be punished. In any case, one who is Makdish something for Tzedakah may write his name on it so it will be a remembrance of him. It is proper to do so.

i.

Taz (4): It is proper to do so in order that the congregation cannot change the matter donated, like the Rema says (259:3).

ii.

Rebuttal (Nekudas ha'Kesef): The Taz made up this reason because he did not see the source in the Rashba. The Rashba connotes that even if initially he did not write his name on it, he may do so later.

iii.

Question: Reuven, the Gabai of Tzedakah and of the Beis ha'Keneses, hired a worker to plaster and decorate the Beis ha'Keneses, and write 'this was done on the command of Reuven the Gabai.' Some people wanted to erase it, lest in the future he or his heirs claim that he built the Beis ha'Keneses. Some wanted to erase it, for he should not be glorified improperly, since he did not pay for it. Reuven says that since he toiled to collect the money, it is proper that his name be written on it. The Medrash says that Hash-m's name and Moshe were written on everything for the Mishkan, even though Moshe collected everything from Yisrael. The Rashba says that it is proper to publicize those who do Mitzvos. The Torah publicized Reuven and Aharon for their Mitzvos, even though they did not spend money for them. The Aron was called on Betzalel's name because he was Moser Nefesh for it.

iv.

Answer (Emunas Shmuel 35, cited in Pischei Teshuvah 3): There is no source in Gemara, Rishonim or Acharonim for this, other than Teshuvas ha'Rashba; we cannot add to it. He discussed only cases like Betzalel, who himself built with others, and Reuven, who himself toiled to save Yosef, or Aharon, who was happy in his heart. Here, the Gabai did not toil with his body or money. He merely engaged in hiring workers. There is no source that his name should be written due to this. The Rashba said that they should write the names of people who donate to Shamayim, for a good remembrance for them and to encourage others. This does not apply here. Even without this, people will be Gabayim, for it is known that "they will be radiant like the sky."

v.

Question: In a Beis ha'Keneses, there was a small paper stuck to the inside of the Aron Kodesh with a picture of the Menorah and Tehilim 67 between the parts of the Menorah. An individual thought that it is not so beautiful, so he removed the paper and drew the Menorah on the inside wall itself, and wrote the Tehilim on parchment and put it between the parts of the Menorah. It was beautiful. The leaders and Gabayim of the congregation did not know. When they saw, they were quiet. Afterwards, he signed his name on parchment and stuck it underneath. Some object, and want to pay him what he spent to draw it, but his name will not be on it.

vi.

Answer (Tzemach Tzedek (ha'Kadmon, of R. Menachem Mendel of Krakow) 50): Seemingly, this is like the Rashba's case. However, there the congregation agreed from the beginning that he make a Heichal. If so, why shouldn't he sign his name?! The Rema rules like the Rashba. However, here he acted without the congregation's knowledge. He cannot uproot the Tzibur's right to picture the Menorah on the inside of the Aron. Acharonim say that this protects from punishments. This is considered a great Mitzvah. Surely, all want to have a share in it. When David bought Aronah's Goren, he collected from all the Shevatim, in order that all of Yisrael will have a share in the Mitzvah. This is why all Korbanos Tzibur must come from the Tzibur. Many wanted to do the Mitzvah themselves, e.g. Binyamin wanted that the entire Mizbe'ach would be in his portion (Yoma 12a). Therefore, an individual may not do the Mitzvah without the Tzibur's consent.

vii.

Tzemach Tzedek: R. Yosi (Shekalim 4:1) holds that an individual can volunteer matters of the Tzibur if he gives it to the Tzibur. The first Tana says that in Shemitah, Hekdesh pays people who guard grain for the Omer. R. Yosi permits the Shomer to volunteer his work. Bava Metzi'a 118a says that they argue about whether we rely on him to totally resolve to give to the Tzibur. Surely, here Chachamim would be concerned lest he not totally resolve to give it. In Yoma (35b) we say that a Kohen may serve in a garment that his mother made for him, without concern lest he not totally resolve to give to the Tzibur. However, Tosfos says that this is only because the Kohen Gadol is a Chacham, and he knows that he must totally give it. Also Ben Buchri holds that a Kohen may give a half-Shekel without concern lest he not give it well. This is because Kohanim get all benefit from the Korbanos. Normally, we are concerned lest a commoner not give well. Even R. Yosi would be concerned here, for we see that Reuven is particular that it be called on his name. Even though Acharonim say that it is proper to do so, that is only when he keeps the Mitzvah for himself, even though he totally gave the Kli to the Beis ha'Keneses. Then it is proper to put his name on the Kli. Therefore, the Tzibur can change the Kli for another Mitzvah, even if his name is written on it, for he left himself only the Mitzvah. Also when it is switched, the new Mitzvah will be his. They cannot change it to Reshus as long as it is called on his name. Here, the Tzibur does not want the individual to have the Mitzvah, rather, he should give it to the Tzibur, without keeping more for himself than anyone else has in it. It is as if the Tzibur did the Mitzvah themselves. Surely, his name should not be called on it, for this would show that he did give it properly to the Tzibur! Therefore, they may pay his costs so the Mitzvah will be theirs, even though they were initially silent when they saw it. This is because they assumed that he properly gave it. Now that they see that he did not, they can pay him so the Mitzvah will be theirs. The custom is that people donate and write their names on the Kli, for the Tzibur can make many Kelim and use all of them at once, or at different times. A Menorah on the Aron is different, for there can be only one.

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