Daf HaYomi B'Halacha Daily Email - 28 Kislev/Dec 2

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The Gemorah in Mesechta Shabbos says that the Chachomim established the Yom Tov of Chanukah on account of the nes of the oil rather than the nes of the military victory.  Rav Shmuel Birnbaum asks why the defeat of the enemy on Purim warranted a Yom Tov and not that of Chanukah? Reb Shmuel asserts, that the nes in and of itself was no big deal! Hashem can do anything! Rather, he explains that the simcha of Purim is because Hashem accepted our tefilos and reversed Haman’s decree. Following this line of reasoning, it becomes abundantly clear why the victory over the Yevanim was not sufficient cause to establish a new Yom Tov. When the Yevanim first came to power, no decrees or edicts were issued against Jewish religious observance. Mitzvos were still uncontested and performance of them was not under any duress. However, the Yidden began to follow in the ways of the Greeks and to assimilate the Greek culture into their lives and lifestyle. The Torah became burdensome for them, and they began to abandon the mitzvos. When the Eibershter saw that they had lost interest in Torah observance, He took away their opportunities to perform the mitzvos, by means of the evil decrees of the Yevanim against the Torah. Rav Shmuel illustrates this mehalech. Back in the day when a law was passed to ban shechita, The Mashgiach, Reb Yerucham, declared that a gezairah against shechita can only come into effect if the mitzvah of shechita is neglected. When Hashem detects disregard, He promptly confiscates the opportunity to perform that mitzvah. When goyim decree hardships and bans against performance of mitzvos and limud haTorah it is only when respect for those things is lost. If we cease to lend importance to these gifts, then Hashem takes them back because of the loss of chashivus for them. When the tzadikim, the Chashmonaim, demonstrated mesirus nefesh for the mitzvos, it prompted an automatic annulment of the bitter decrees, since once again they dedicated themselves to the Torah and its’ observance. Once we demonstrate the value of a mitzvah, we earn its return and opportunity to perform it unhindered. In reality, there was no annulment of decrees. There were no decrees to begin with! The extraordinary and miraculous military victory was only to reenable the Yidden to return to fervent mitzvah observance. Their neglect wreaked personal havoc, and their display of mesiras nefesh for the mitzvos earned back their ability to serve Hashem without persecution and distress. This is not to be considered a nes. This is equal to recovering a loss caused by neglect.  When we encounter roadblocks to observing the Torah, we must strengthen our commitment and display our love for the Torah and mitzvos. As soon as Hashem sees our chivuv mitzvos, we are enabled to access mitzvos unchallenged and with ease.

May a resident of Eretz Yisroel eat inside on Shemini Atzeres when he visits Chutz L’Aretz?

A resident of Eretz Yisroel who finds himself in Chutz L’Aretz on Shemini Atzeres should eat in the sukkah. It is forbidden to deviate from the local custom. He should declare in his mind that he is not intending to be yotzei the mitzvah. Some say that if he is not in the proximity of other Jews, he may eat in his home. According to many poskim, a resident of Chutz L’Aretz who is visiting Eretz Yisroel should eat in the sukkah. A minority opinion holds that he should eat inside. [ביאורים ומוספים דרשו תרסח, 7]