May the words of Torah serve as a merit le’iluy nishmat Menachem Mendel Ben Harav Yoel David Balk, a”h.
Bava Metzia 66: Getting drunk with beer on Purim
On Purim I am obligated to get drunk to the point of not knowing the difference between “cursed is Haman and blessed is Mordechai” (Megillah 7b). Emek Bracha explained this law as an expression of the miracle of Purim. On Purim we were in danger of annihilation. Hashem saved us. Our joy, therefore, should be unlimited. In scripture (Tehillim 104) we read, “And wine shall gladden the heart of man.” Since on Purim I am to have unlimited joy, halacha requires that I drink until I cannot tell the difference between “blessed is Mordechai and cursed is Haman.” At that point, I am unable to drink any more. My drinking is therefore a proper expression of an attempt to display unending joy. This analysis would seem to indicate that it is only proper to drink wine on Purim. Presumably, I should not drink whiskey, liquor or beer on Purim. No verse ever said that beer creates joy. It is written, “V’yayin yesamach, And wine shall gladden.” Gilyonei Hashas (Pesachim 107a) argued that our Gemara, as interpreted by Rashi, teaches that I could fulfill my obligations of joy with alcoholic beverages other than wine.
The Gemara discusses a man who had promised to his lender, “If I do not repay the loan in three years’ time, you may take my field, even though it is worth more than the loan, and keep it because of the money of the loan that you had given to me.” The Gemara suggested that this transaction was an asmachta deal. The borrower had been confident that he would be able to repay the debt over the three years. He had never truly meant to say that his field could be taken from him. There is a dispute about whether asmachta deals are effective or they are null and void. Some feel that no asmachta deals take effect. The person who made the condition assumed he would succeed in avoiding the cost. He never truly agreed to the cost.
The Gemara suggested that if on the last day of the three years, the borrower was found drinking beer, that should indicate that he intended wholeheartedly to transfer ownership on his field to the lender. Had he truly believed that he could hold on to his field, he would be running about trying to get the money together to repay the debt. The Gemara rejects this suggestion. Rav Acha from Difti taught: perhaps the man was very stressed and worried that he might lose the field. He was drinking to give himself some joy. Rashi explains, the verse stated “v’yayin yesamach,” he was drinking the beer to feel joy as he was stressed in trying to put the funds together to repay his debt. Gilyon Hashas noticed that Rashi applied “v’yayin yesamach” to a man drinking beer. He therefore ruled that all alcoholic beverages create joy. On Purim we are obligated to feel joy; we can fulfill the mandate by getting drunk on beer or whiskey.
Rambam writes (Hilchot Megillah 2:15), “How do you fulfill your obligation of a meal on Purim? You are to eat meat…and drink wine until you are drunk and fall asleep in drunkenness.” Rambam specified wine. He seems to be of the opinion that with beer I would not fulfill my obligation.
Da’at Kedoshim (Butshash Chelek Bet, Toldotav 88) records that the Gaon of Butshash would have a lengthy Purim meal. It would stretch deep into the night—past midnight. At that point he would send his attendant out to see if the people in the hamlet were asleep. Once assured that all were sleeping and no one would come to ask halachic questions, he would be ready to drink. A sage who is drunk may not issue a halachic ruling. Prior to midnight he would not drink so as to be able to answer all the questions that might arise. Once satisfied that all was quiet, he would drink honey liquor to fulfill the mitzvah of “Chayav inish levesumei bePuraya ad d’lo yada, A person is obligated to drink on Purim until he does not know the difference…” The Rav of Butshash was very careful with Jewish law and yet he felt that honey liquor could be used to fulfill the obligations of Purim (Mesivta).
Bava Metzia 67: Are there still talmidei chachamim?
A Torah scholar, a talmid chacham, must hold himself to a higher standard. He is to watch his actions. Behaviors that are technically permitted—yet might be interpreted negatively—are forbidden to the scholar. Our Gemara taught that if a lender received a field as collateral for the loan and he had established that each year he held the field an amount would be reduced from the principal of the loan, he would be allowed to eat from the produce of the field. Such a transaction would not look like interest. Since the principal owed would be reduced regardless of whether the field produced fruit or not, there was a possibility of loss to the lender and it would not look like interest. Nevertheless, this arrangement, nachyasa, was not one that a Torah scholar should take advantage of. The Gemara relates that Ravina would eat from the collateral field that he had lent against when he arranged that each year an amount would be reduced from the principal. Tosfot was bothered by this. Did not our Gemara teach that such an arrangement was inappropriate for a scholar?
Tosfot answers that Ravina did not consider himself to be a talmid chacham. The Gra argued that if Ravina did not consider himself to be a talmid chacham, certainly, in our day, no sage would be considered a talmid chacham.
Moznaim L’Mishpat dealt with a man who had insulted all of the Torah authorities of his time. The man had publicly attacked the sages. He had publicly said, “All our rabbis are illegitimate individuals, mamzeirim.” Moznaim L’Mishpat was asked what punishment the man deserved.
Rambam (Hilchot Chovel Umazik 3:5, Talmud Torah 6:2) rules that the punishment for a man who shames a Torah scholar is worse than the penalty for one who embarrasses another man. One who shames another man with words would not be made to pay. One who shames a scholar with words would be fined a monetary amount. Furthermore, when a person shames his friend, the penalty is set in accordance with the one being embarrassed and the one doing the embarrassing. The more lowly the embarrasser and the more honorable the embarrassed the greater the amount that must be paid. However, when embarrassing a talmid chacham, the shamer must pay a litra (60 shekels) of gold coins. In addition, one who mocks a talmid chacham deserves to be excommunicated.
By Rabbi Zev Reichman
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.
