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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bechoros 30



(a) Our Mishnah rules that someone who is suspect ...
1. ... on Shevi'is - is not suspect on Ma'asros (i.e. Ma'aser Sheini), and vice-versa.
2. ... on both Shevi'is and Ma'asros - is not suspect on Taharos.
(b) The ramifications of the first ruling are - that whatever the purchaser buys from the Chashud al ha'Shevi'is is not Tevel (though it does have the Din of D'mai [which is more lenient in various respects than Tevel]).

(c) Our Mishnah teaches that someone who is suspected of transgressing a specific Mitzvah - is not permitted to judge or to testify in any case involving it.

(a) Despite the fact that Shevi'is and Ma'aser are both Isurim d'Oraysa, someone who is suspect on ...
1. ... Shevi'is is not automatically suspect on Ma'aser - because it has the additional Chumra that it can only be eaten within the walls of Yerushalayim (which Shevi'is does not)
2. ... Ma'aser is not automatically suspect on Shevi'is - because it has the additional Chumra that it cannot be redeemed (whereas Ma'aser can).
(b) Someone who is suspect on ...
1. ... Shevi'is and Ma'aser is not automatically suspect on Taharos - because it is only mi'de'Rabbanan.
2. ... Taharos is automatically suspect on Shevi'is and Ma'aser - because they are mi'd'Oraysa.
(a) We can extrapolate from the Beraisa 'Ne'eman al ha'Taharos, Ne'eman al ha'Shevi'is' - that if he is suspect on the one, he is also suspect on the other.

(b) Rebbi Ila'i reconciles our Mishnah, which holds 'Chashud al ha'Taharos Eino Chashud Lo al Zeh ve'Lo al Zeh' with the Beraisa - we establish it where the suspect on Taharos nevertheless observes Shevi'is and Ma'aser at home (eliminating any reason to suspect that his observance in public is a sham). See Tzon Kodshim

(c) To reconcile the Beraisa with our Mishnah, Rebbi Yanai b'Rebbi Yishmael establishes it - where the Chashud was originally suspected both on Taharos and on Shevi'is, and after undertaking before Beis-Din to observe both of them, he was found to be still suspect on Taharos. That is where we assume that since he is suspect on Taharos, he remains suspect on Shevi'is, too.

(a) Rabah bar bar Chanah Amar Rebbi Yochanan establishes our Mishnah like Rebbi Akiva S'timta'ah, which cannot mean that most S'tam Mishnahs and S'tam Beraisos were learned by Rebbi Akiva's Talmidim, and therefore follow his opinion - because the same expression is used in other places with regard to Rebbi Menachem and Rebbi Shimon.

(b) It must therefore mean - that he is the author of many S'tam Mishnahs.

(c) The Chachamim (alias Rebbi Yehudah) however, hold that someone who is suspect on Shevi'is, is automatically suspect on Ma'aser - because in Rebbi Yehudah's town they were very stringent regarding Shevi'is (so someone from there who is suspect on Shevi'is, will certainly be suspect on Ma'aser.

(d) The source for this is an episode that took place in Rebbi Yehudah's town. When 'Reuven' called 'Shimon' a Ger, the son of a Giyores - 'Shimon' replied he would be richly rewarded for not eating the fruits of Shevi'is (or that he should be cursed if he did), unlike 'Reuven', who did.

(a) In the second Lashon, Rabah bar bar Chanah Amar Rebbi Yochanan quoted the Chachamim as saying 'Chashud al ha'Ma'aser Chashud al ha'Shevi'is', and established it like Rebbi Meir - who holds 'Chashud le'Davar Echad, Chashud le'Chol ha'Torah Kulah'.

(b) And he issued the ruling 'Chashud al ha'Ma'aser Chashud al ha'Shevi'is' (not to preclude the case of 'Chashud al ha'Shevi'is', but) - because it is obvious that it is Asur from a 'Kal-va'Chomer'.

(c) Rebbi Yonah and Rebbi Yirmiyah, Talmidim of Rebbi Ze'eira (or Rebbi Yonah and Rebbi Ze'eira, Talmidim of Rebbi Yochanan) made one statement each. Both establish our Mishnah like Rebbi Akiva. However, according to one of them - the Chachamim hold 'Chashud al Shevi'is, Chashud al ha'Ma'aser' (like Rebbi Yehudah), whilst according to the other one, they hold 'Chashud al ha'Ma'ser Chashud al ha'Shevi'is' (like Rebbi Meir).

(d) Our source for this is a Beraisa, where Rebbi Meir holds that an Am ha'Aretz who undertakes to be a Chaver, and who is suspected of transgressing one thing, is suspected on the entire Torah. The Rabbanan however hold - that he is only suspect on the one thing but not on the entire Torah (see Tosfos DH 'va'Chachamim Omrim').




(a) The Beraisa rules that a Ger who later becomes suspect on transgressing ...
1. ... one Mitzvah - is considered a Mumar le'Davar Echad (like a Yisrael under the same circumstances), and not Nochri, and the same applies to a Ger who becomes suspect on transgressing ...
2. ... the entire Torah.
(b) The practical significance of this ruling is - that in the event that he betroths a Yisre'eilis, the Kidushin is effective.

(c) The Beraisa talks about the acceptance of Chaveirus, Geirus, Leviyah and Kehunah. Their Kabalah is valid - on condition that they accept every major aspect connected with whichever one they undertaking.

(d) Rebbi Yossi b'Rebbi Yehudah adds to this - even the Chumros de'Rabbanan.

(a) To become a Chaver, besides declining to give one's Terumos and Ma'asros to an Am ha'Aretz, work in Taharos by an Am ha'Aretz and eat one's Chulin be'Taharah - one needs to Ma'aser everything that one eats, sells and purchases.

(b) The advantages of being a Chaver are - that one is believed in all matters (e.g. regarding Ma'asros [in that his fruit is not considered D'mai], and Taharos).

(c) The ramifications of ...

1. ... a Levi accepting the Leviyah - are that he accepts the Avodah of singing, to serve (the Kohanim) and to guard the gates (in order to be accepted).
2. ... a Kohen accepting the Kehunah - are that he accepts everything that concerns the B'nei Aharon.
(d) We learn from the Pasuk "ha'Makriv es Dam ha'Shelamim ... mi'B'nei Aharon Lo Sih'yeh Shok ha'Yamin le'Manah" - that only a Kohen who accepts all the Dinim that pertain to the sons of Aharon is given a portion of Matnos Kehunah.
(a) The Tana Kama of a Beraisa draws a distinction between someone who already practices Divrei Chavrus at home when he comes to Beis-Din to accept Chavrus - whom one accepts first and teaches afterwards, and someone who doesn't - whom one teaches first and accepts afterwards.

(b) According to Rebbi Shimon - one always accepts him first and teaches him afterwards.

(c) The procedure begins with Kenafayim, which means - washing one's hands before eating and before touching Terumah.

(d) If the potential Chaver is only willing to accept Chavrus ...

1. ... for Kenafayim (but not for Taharos) - we accept him. Presumably, this means that he will accept Taharos at a later stage (see Yosef Da'as).
2. ... for Taharos (but not for Kenafayim) - we do not (because if he is not willing to undertake the easy part of Chavrus, how can he be trusted to observe the more difficult part.
(e) In spite of what we learned earlier (that even someone who fails to accept one detail, cannot be accepted), we accept a Chaver who undertakes to observe Kenafayim only - because eating one's Chulin be'Taharah is the main part of Chaverus, in which case, it is not considered as if one has omitted a complete issue (see Yosef Da'as).
(a) According to Beis Shamai, one has to practice Chaverus for thirty days to be believed regarding Tum'as Mashkin - twelve months to be believed with regard to his clothes (not being considered Medras in the eyes of Perushim [other Chaverim]) ...

(b) ... because Tum'as Mashkin is purely mi'de'Rabbanan. So the Rabbanan were more lenient regarding it.

(c) Alternatively, the thirty days and the twelve months waiting periods refer to - the amount of time that the potential Chaver must have observed Chaverus at home, in order to be accepted by Beis-Din immediately.

(d) We reject the suggestion that according to Beis Hillel, we give him a year either way - because then this Machlokes should have been listed in Iduyos together with the rare cases that Beis Shamai is le'Kula and Beis Hillel le'Chumra (yet it does not appear there).

(e) Beis Hillel must therefore hold - that either way, we give him thirty days.

(a) One must undertake Chaverus in front of three people ...

(b) ... though with regard to one's family, according to the Tana Kama, this is not necessary.

(c) Raban Shimon ben Gamliel holds that his family require three people too - because otherwise, they have no reason to observe it (since they did not personally undertake Chaverus).

(d) Alternatively, 'L'fi she'Eino Domeh Chaver she'Kibel le'Ben Chaver she'Kibel' refers to the Tana Kama, in which case it means - that the Chaver's family are less suspect than the Chaver himself of contravening the Chaverus.

(a) According to the Tana Kama, even a Talmid-Chacham requires an undertaking in front of Beis-Din - though a Zakein ve'Yoshev bi'Yeshivah (a Rosh Yeshivah) does not, because he already undertook Chaverus when he was appointed.

(b) Aba Shaul maintains - that a Talmid-Chacham does not require an undertaking in front of a Beis-Din either.

(c) And what's more, he says - he can sit on the Beis-Din that accepts others.

(d) When Rebbi Yochanan said that the current Beraisa was learned in the days of Rebbi Chanina ben Antignos, he was referring - to the Tana Kama's ruling that a Talmid-Chacham must undertake Chaverus in front of a Beis-Din.

(a) Rebbi Yehudah and Rebbi Yossi sent a pair of Rabbanan with a She'eilah concerning a Safek that they had regarding Taharos - to Rebbi Chanina ben Antignos.

(b) Before going to look into the She'eilah, Rebbi Chanina ben Antignos, who was busy with Taharos when they arrived - sent some Talmidei-Chachamim (Chaverim) to 'keep an eye on them'.

(c) When the Rabbanan reported what had happened, Rebbi Yehudah commented - that Rebbi Chanina ben Antignos, like his father before him (see Tosfos DH 'Aviv'), had denigrated Talmidei-Chachamim (by treating them like Amei-ha'Aretz).

(d) In defense of Rebbi Chanina ben Antignos (who was a Kohen), Rebbi Yossi responded - that from the time of the Churban Beis-Hamikdash, the Kohanim took upon themselves not to entrust anyone (even Talmidei-Chachamim) with Taharos.

(a) The Beraisa rules that ...
1. ... the wife of a Chaver - has the Din of a Chaver (and must be treated with the same respect).
2. ... the wife and children of a Chaver - retains her Chazakah after his death.
3. ... a courtyard where Techeiles is sold - retains its Chazakah (of selling real Techeiles and not a fake known as Kala Ilan) until such time as it is declared Pasul.
(b) The Tana Kama of another Beraisa rules that ...
1. ... the wife or daughter of an Am ha'Aretz who marries a Chaver, and the Eved of an Am ha'Aretz who is sold to a Chaver - must undertake Chaverus independently.
2. ... the wife or daughter of a Chaver who marries an Am ha'Aretz and the Eved of a Chaver who is sold to an Am ha'Aretz - retain their Chazakah (and do need to undertake Chaverus afresh).
(c) Rebbi Shimon ben Elazar maintains that even the latter cases - need to undertake Chaverus in front of a Beis-Din a second time.

(d) To demonstrate his point, he quoted a story in the name of Rebbi Meir about the wife of a Chaver who used to tie her husband's Tefilin on his arm. Then when he died, she married an Am ha'Aretz, on whose arm she began tying tax discs (and tax collecting was generally considered a dishonest profession).

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