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Opinion & Comment
Derech Sicha

Excerpts from the sefer of that name selected by R' A. Chefetz — a book of stories and conversations of HaRav Eliahu Mann with HaRav Chaim Kanievsky arranged according to the parshas hashovu'a.

Derech Sicha is a very different kind of work from what we are used to. It is not a halachic work. Rather, it is based on divrei Torah uttered by HaRav Chaim Kanievsky, mostly in "conversations," that is, verbal responsa to the questions brought before him, flashes of brilliance uttered by him or remarks and insights produced in the perennial give- and-take of Torah discussion.

Derech Sicha is a veritable treasure trove, culled from the notebooks of his beloved disciple HaRav Eliyahu Mann, who recorded for himself what he heard over many years and upon various occasions. These notes are replete with good advice and mussar to teach and prove that there is nothing that cannot be found alluded to in the Torah, when the sages of Torah who guide us verbally or by their personal example serve as our very eyes.

This prodigious work embodies a special pleasantness and imparts a love and respect for Torah, since it is filled from cover to cover with the fiery holiness of the Torah, fine- point precision in halocho, insights in the traditions transmitted from generation to generation in all aspects of life, hashkofoh and general conduct to be learned and taught.

The benefits of this work are so great that Maran HaGaon R' Yosef Sholom Eliashiv shlita expressed his feelings that it is vital for it to be printed for the good of the public. Thus, even though its preparation was not easy, the publishers of the Ohr HaChaim works undertook to ask HaRav Mann to give us a generous glimpse from his notes, and thanks to them, the impressions and insights were compiled and presented in printed form through the capable editorial efforts of R' Tzvi Yabrov, who toiled devotedly and indefatigably, as is very evident throughout every line in this marvelous work.

Theft of Sleep

QUESTION: A student who sat in the study room in yeshiva was inadvertently locked up. When it was discovered, it also became known that the student who had the key was taking his usual afternoon nap bein hasedorim. Was it permissible to wake him up, or was this considered gezel sheina — theft of sleep (which can never be returned)?

ANSWER: The idea of theft-of-sleep is an innovation from the beis medrash of the baalei mussar. It is only a matter of kindness, of an exalted level of loving one's neighbor. And since in this case, the one who is sleeping is also obligated to perform a kindness and release the one who is locked up — he must be wakened.

The Robbery by the Chazon Ish

The Rov told of a robbery that took place by the Chazon Ish. R' Yaakov Shechter z'l had given him a gold watch and Maran had accepted it, even though he generally refused to accept presents. Sometimes, however, he felt that the donor would be honored by his taking the gift, in which case he accepted it. The watch was stolen and Maran was greatly distressed by the fact of the theft, much more than by the loss of the watch itself.

He considered the actual loss of the watch as a kaporoh. What hurt him more was the fact that he had been taken advantage of. He maintained an open house; anyone could come and go as they pleased. Why then, had someone misused that privilege?

"No good will come of that thief," he declared. Indeed, it was later discovered who the thief was, and he was found dead in some open courtyard.

He Did What Was Right According to the Halocho

I told the Rov what I had heard about a certain deceased Torah scholar who once went to visit a rich man. In the waiting room hung an immodest picture and he ripped it up immediately. When he entered the rich man's study, the latter said, "You should have asked me first."

"And when you hung up that picture, did you ask me?"

The Rov commented that he probably acted within the parameters of the halochoh, since one must not put a stumbling block before a blind person (figuratively speaking). If the rich man were a non-Jew, however, he should first have asked permission, since the latter is not commanded to prevent another person from sinning.

The Prohibition of Yichud

I heard from the Rov: HaGaon R' Yechiel Mordechai Gordon zt'l told me that his father-in-law, R' Eliezer from Telz who studied under R' Yisroel Salanter, said in his master's name that whenever he traveled by public transportation, in a carriage, he was constantly preoccupied with being cautious not to transgress the prohibition of yichud. Had he devoted his thoughts to pure Torah during these times, he could have printed an entire work of Torah. He also noted that he was convinced that if such a situation had arisen en route, he would have not hesitated a moment but jumped off the coach immediately!

Regarding the Laws of Lying Prone

The Rov told that in the Lederman shul in Bnei Brak there was an old man from Romania who had heard from his grandfather, who had heard from his grandfather who had lived in the times of the false messiah, Shabsai Tzvi, that when the latter had come to his community for the Yomim Noraim, he had been accorded great honor from all the congregants. His great-great-grandfather was, however, the only exception. He `smelled a rat,' so to speak.

This grandfather was supposed to lead the musaf prayers, when suddenly he lost his voice and his family was stricken with fever. People murmured that this happened because he had not honored Shabsai Tzvi. Nonetheless, immediately before musaf, he found the strength to go up to the bimah and he announced, with effort: "Even though you are all insinuating things about me, I will not retract my position."

And thereupon, his voice was miraculously restored to him and he was able to lead the service.

The Taz sent his son and son-in-law to determine what kind a person Shabsai Tzvi was. They returned full of wonder. "How did you find him?" the Taz asked them.

"He was lying asleep on his back," they replied. "

If that is the case, he cannot be Moshiach who would not transgress a law of rabbonon."

Here arises the QUESTION: Is someone suffering from kidney trouble allowed to lie on his back?

ANSWER: If he leans towards the side, it is permissible, though it is not clear what angle is considered permissible. We can be lenient if he leans to the side even if there is a possibility that he might fall asleep.

QUESTION: If a person suffers from back trouble and is in great pain unless he sleeps on his back, is he allowed to do so?

ANSWER: We find in Niddah (13a) that if there is a suffering involved, it is permissible. So this seems similar.

QUESTION: The Rov wrote in his work, Shoneh Halochos (239:3) in the name of the Chazon Ish that it is forbidden to sleep prone, and this applies to lying down while one is awake as well. What is the source to this?

ANSWER: In Brochos (13b). We find that R' Yehoshua ben Levi cursed those who recited Krias Shema while lying down, and they are surely not sleeping. Even though Rashi there says that it refers to sleeping, the basis for the issur is about doing so while sleeping but the prohibition itself applies in any condition.

The term gani does not mean only sleeping, and it means lying down as well. This can be shown from the Targum Sheini of Megillas Esther, end of Chapter Four, where it is not talking about sleeping but leaning. HaRav Gedaliah Nadel said this in the name of the Chazon Ish. (See also Oruch LaNer, Niddah, 14a.)

I underwent surgery and had to lie on my back during surgery. I asked Maran what to do and he said that according to the gemora in Niddah (13a) that if one is in fear it is all right and it does not apply. Similarly, one who lies on the operating table in fear.

How Deep is Gehennom?

The Rov said: I heard from HaGaon R' Eliyohu Dushnitzer zt'l in a vaad he held in Petach Tikva: Come and see how terrible is the depth of Gehennom. We find in Talmud Yerushalmi (Sanhedrin 10:4): "Korach and his congregation kept on sinking lower and lower into Gehennom until Channah (a descendant many generations later) came along and prayed for them.

There was an interim of many centuries, and still they kept on descending, deep, deep into the bowels of the earth, where it grew hotter and hotter. And had she not prayed on their behalf, they would have continued to sink deeper. We see how terribly deep it must be. This is something awesome to reflect upon!

Loshon Hora at a Funeral

QUESTION: I heard that HaRav Chaim Ozer ztvk'l once stated at the funeral of a certain wicked person that now was the chance to speak evil of him, for he was no longer alive but neither was he buried, and the prohibition of speaking ill of a dead person only applies to one who is buried. Does this mean that without the ban, it is permissible?

ANSWER: He maintained that it was permitted to speak about him in general. If the cheirem had applied however, it would have been forbidden. In this case, since he was not buried it was not yet in force.

A Person Should Be Aware of His Great Latent Talents

"And we were in our eyes as grasshoppers, and so were we in their eyes . . . "

I spoke at the aufruf of the Rov's grandson, praising him lavishly. Later, when I accompanied the Rov to his home, I asked him why it was a custom to praise the chosson. This is not such a modest thing, after all. I offered an explanation in the name of my father, HaRav Mordechai Mann zt'l, that a person cannot reach his full potential if he does not acknowledge his own strengths.

This is what R' Akiva said to his disciples, "Yours [your Torah knowledge] and mine — is hers" (Kesuvos 63a). How had R' Akiva been able to attain such greatness when he only started at the age of forty? The answer involves his wife, Rochel. She was twenty and from a fine, wealthy family. She could have married anyone of high station. Yet she left behind everything and even chose to sever herself from her father's home, because she was absolutely certain that Akiva would become a great man. She imbued him with the confidence that he could achieve greatness and that is why he accomplished what he did.

That is what my father had said. I added that I had heard an interpretation of the verse, "And we were in our eyes as grasshoppers, and so were we in their eyes . . . " that first asks how the spies knew that they were thus in the eyes of the Canaanites. The answer is: because that is how `we saw ourselves'! It was a reflection of their own self-image.

The Rov replied, "That is true. I can vouch for it from experience. If a person does not hold of himself at all, then he will not amount to anything. He will be a nothing.

"In Gittin 56a we find, `The humility of R' Zecharya ben Avkulas destroyed our Beis Hamikdosh.' How does this connect to humility? They explain it in the name of the Rebbe R' Heshel ztvk'l that the Sages held differently than R' Zecharya and thought that it was a matter of life-and- death, but since he expressed his opinion first, they did not want to say anything afterwards. R' Zecharya held himself as the lowliest of the sages, and thought that his opinion was being asked first as the law is that we go in ascending order. But in truth he was the greatest among them, and so, after he had had his say, they could not say anything against him.

In Tosefta Shabbos, perek 17:4 we find that Beis Hillel taught that one may remove the bones and peels from the Shabbos table. Beis Shammai said differently but Zecharya ben Avkulas did not practice either way. He was machmir and would throw the bones and peels directly behind his chair. Said R' Yossi: The modesty of R' Zecharya ben Avkulas caused the burning of the Heichal.

We must examine both of these teachings in order to understand them. [He was stringent in the case of Bar Kamtza and ruled not to kill him, but Bar Kamtza went and informed on the sages and this brought about the churban.] It seems that one must not always be stringent. Sometimes, a person is machmir because of misplaced weakness. We do not say this, G-d forbid, of R' Zecharya, but this is a corollary that can be derived therefrom in general.


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