From the Ravs Desk: Shaalos & Teshuvos on Bar Metzra & other matters

Is the Mitzvah of Bitachon part of the Taryag Mitzvos?

Some Poskim[1] include the Mitzvah of Bitachon as one of the 613 commands.[2]

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[1] Chareidim ibid; Shaareiy Teshuvah of Rabbeinu Yona 3:17; Bahag 144; Rash Ibin Gabriel Azharos 31; Ramban Shichichas Hasei Mitzvah 8; Semak 10

Other opinions: Most Moneiy Hamitzvos, including Rambam and Chinuch, do not list Bitachon as one of the commands.

[2] The scriptural source: Some learn this Mitzvah from the verse Devarim 20:1 “Ki Seitzei…Lo Sira Meihem.” [Rabbeinu Yona ibid] Others learn it from the verse Devarim 10:20 “Ubo Sidbak. ” [Meshech Chochma on Devarim ibid]

Does the mitzvah of Bar Metzra require a seller to turn to his Bar Metzra neighbor prior to putting the house on the market, or is the mitzvah upon the buyer to speak with the Bar Metzra neighbor prior to purchasing the house and to sell the home to the Bar Metzra neighbor in the event that he already purchased it?

The mitzvah of Bar Metzra is upon the buyer and not the seller. Nonetheless, we advise the seller to consult with the Bar Metzra neighbor in order so he can find a buyer, as who will want to buy a property that has a lien by a Bar Metzra who can usurp the property from him.

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See Smeh C.M. 175:7 “The law of Bar Metzra was not established upon the seller but rather on the buyer, that he should abstain from buying the property and hence, this consequently forces the seller to sell to the abutter.”; Smeh 175:38 “the institution of Hatov Vehayashar was not intrinsically instituted on behalf of the seller, as he can say that he does not want to sell the property at all”; Smeh 175:63 “although we already explained that the law of Bar Metzra was not instituted upon the seller, nonetheless, he should offer the property to the Bar Metzra for his own benefit, as his chances of success in selling the property is diminished until he asks the Bar Metzra, as people on the outside will fear buying is perhaps the Bar Metzra will afterwards usurp the property from them.”; Rashi Bava Metzia 108b; Pischeiy Choshen 11:49

Does the law of Bar Metzra apply when selling the property to a Gentile? In other words, must the seller offer the property to his Bar Metzra prior to selling it to a Gentile buyer?

No, the law of Bar Metzra does not apply towards a Gentile buyer. Accordingly, there is no need for the seller to consult with his Bar Metzra neighbor prior to selling the property to a Gentile. Nonetheless, there are other halachic issues at play when selling a property to a Gentile, which may restrict the seller from doing so.

Sources: See Michaber C.M. 175:39-40; Bava Metzia 108b; Pischeiy Choshen 11:4 and 47

Does the law of Bar Metzra apply when selling the property to a woman? Must the seller consult with the Bar Metzra neighbor prior to selling the property to a woman?

No, if the woman is single. The law of Bar Metzra does not apply towards a single woman buyer. Accordingly, there is no need for the seller to consult with his Bar Metzra neighbor prior to selling the property to a single woman, whether she was never married, or is a divorcee, or is a widow. When selling to a married woman, the law of Bar Metzra applies unless the woman is known to have her own assets and not that of her husbands.

Sources: See Michaber and Rama C.M. 175:47; Rambam 12:14; Bava Metzia 108b; Rashba 3:170 in name of Rif; Nimukei Yosef on Rif ibid; Pischeiy Choshen 11:4 and 47; Encyclopedia Talmudit Erech Bar Metzra p. 185 footnotes 206-212

Does the law of Bar Metzra apply when selling a car? Must one offer it first to his neighbor?

There is no Law of Bal Metezer applicable by moveable items such as a car. Thus, you may sell it to whomever you want for the best price.

Source: See Michaber C.M. 175:63

From what age must one begin educating his child to recite blessings prior to eating?[1]

Once the child is old enough to understand the concept of a blessing, that he is blessing God, then one is obligated to educate him to say the blessing prior to eating.[2] This is approximately from age 6 or seven.[3] Or, age 4 or 5.[4] Nonetheless, some are accustomed to begin educating the child as soon as he knows how to say the correct blessings[5], and some are accustomed to educating the child the moment he begins speaking.[6]

[1] See Otzer Hbarachos 3:35; Piskeiy Teshuvos 202 footnote 9; See regarding Birchas Hamazon: Admur 343:2 regarding all positive commands; 186:3 and 187:4 regarding Birchas Hamazon; Michaber 186:2 “A child is Rabbinically obligate din Birchas Hamazon in order to educate him”; M”A 187; Bach 192; Mishneh Brachos 20a “Women, children, and slaves are obligated in the Mitzvah of …Birchas Hamazon.”

[2] Maharam Chalva 141

[3] M”B 269:1

[4] Makor Chaim of Chavos Yair 269

[5] Ashrei Ish 1:221; Doleh Umashkeh 385

[6] Yesod Veshoresh HavodaShaar 7:10

I am having difficulty choosing a Yeshiva. Did the Rebbe ever give advice as to how to choose one?[1]

Indeed, the Rebbe wrote the following to a certain student in a similar situation: Even if there are individuals in the Yeshiva who don’t act appropriately, including if such individuals are found amongst the management of the Yeshiva, nonetheless, there is no foundation for this to be a clause to affect and influence one’s level of learning and diligence, as why should one punish himself and be lax in studying the wisdom and fulfilling the will of God because some individual is not acting appropriately. Nonetheless, it is self-understood that when there are less matters of disturbance, then naturally a person is able to learn with greater diligence. Furthermore, the sages state that a person should always study in an environment that his heart desires. Now, there are a number of yeshivas in Lubavitch and although all of them study Torah and Chassidus with fear of heaven etc. nonetheless, the order of the yeshiva is dependent on the rest yeshiva and the Mashpia etc. Now, it is known with the sages state that God created people with different opinions and every individual has their opinion and their path of holiness even though everyone is working towards the same goal so the students reach perfection in study of Torah and fulfillment of Mitzvos. Based on the above, the answer to your letter can be found. My advice is that you should choose one of the Yeshiva’s of Lubavitch in which you feel that it will be easiest for you to study Torah diligently, and furthermore and mainly, you should contemplate and all that was written above and resolve in your mind to learn and perform because this is the wisdom and will of God and His command and then you will see that most of the difficulties are imaginative, and on the contrary, the more you add in diligent study so too the challenges will be diminished until they are completely gone.

[1] Igros Kodesh 33 pp. 334-335

Is it okay for one to call a rabbi and Torah scholar or teacher by his first name? I heard that in Lubavitch we are not particular in this matter and call even great rabbis and Torah scholars by their first name and even a nickname.

From a pure letter of the law halachic perspective, it is only prohibited to call someone by their name without an honorary title, if that individual is one’s main Rebbe in Torah study from which he has learned majority of his Torah knowledge. [By such a person, one who calls the individual by his name without an honorary title, is defined in the Talmud as an Apikores.] Nevertheless, it is proper for one to be stringent to preface the person’s name with an honorary title, such as rabbi, even if one only learned minority of one’s Torah knowledge from him. Furthermore, it is proper to preface an honorary title to the person’s name, even if he is not one’s personal rabbi from who he has learned Torah, but just a general Torah scholar.

Now for the custom in Lubavitch: The Rebbe once stated that the custom in Lubavitch is not to be particular in mentioning honorary titles when discussing an individual, and on the contrary the greater the Chassid was, the less honorary titles he was given. For example, the Radatz, who was one of the greatest Chassidim and rabbis and Torah scholars of the generation [being one of the few that received Semicha from the Rebbe Maharash and a special blessing from the Tzemach Tzedek], I [the Rebbe] recall from my youth that he was referred to without any honorary titles. People didn’t even refer to him as Rav Dovid Tzevi Hirsh, but rather simply as Dovid Hirsh, and at times not even as Dovid Hirsh, but Dovid Hershel. The Rebbe then continues and says: I searched to find the source for this behavior in Jewish law and I found that the matter is explicit in the Talmud regarding the rebellion of Uriah who referred to Yoav as his master in front of Dovid, and so too by Chassidim the image of the Rebbe is always in front of their eyes, and when in front of their Rebbe they cannot call someone else by an honorary title or master or teacher.

However, in my opinion, especially in today’s times, this previous custom in Lubavitch should no longer be practiced, as the above applied in a time that people had deep respect and revere for Rabbanim and Torah scholars, and the use of a nickname or first name was not meant in any way as a form of denigration or belittlement. Everyone remembered who were the scholars and leaders and Chassidim closest to the Rebbe from home they should learn and received tutelage in both Torah knowledge and the ways of Chassidus. However, in today’s times, our generation suffers from a denigration and belittlement of Torah scholars and righteous individuals, to the point, that the young believe they know better than the old, and the opinions of the elderly rabbis and scholars often mean nothing to them. This itself comes from a true belief that there is nothing special about a Torah scholar or vintage Chassid, and Ani Viefsi Od. Accordingly, in order not to strengthen this great decline within the morale of communities towards their rabbis and Torah scholars therefore, specifically today there is no room to act as above. It’s important also to note that despite the above talk of the Rebbe, the Rebbe spoke and acted with utmost respect to other individuals even in the lifetime of the Rebbe Rayatz, as is evident from the many honorary titles which preface the name of an individual throughout the letters of Igros Kodesh. Umaaseh Rav! To note, that a precedence for this concept of changing the custom in order to battle a belittlement of Rabbanim, was publicly done by the Rebbe in 1986 in which he stated that despite the fact that the Chabad custom is not necessarily to give the Aliyah of Aseres Hadibros to the Rav on Shavuos, this year they are to do so due to the belittlement in the position of the Rav.

Sources: See Michaber Y.D. 242:15 and 30; Sanhedrin 80a; Tumim C.M. 15:1; Leket Hakemeach Hilchos Kevod Chachamim; Tzelach Brachos 4a; Tiferes Yisrael Avos 6:50; Ben Ish Chaiy Ki Seitzei 10; Yabia Omer 1 Y.D. 18; Pesakim Uteshuvos 242:41 footnote 312; 243:8 footnote 56