POINT BY POINT SUMMARY
prepared by Rabbi Yisrael Shaw of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Chagigah 10
CHAGIGAH 9 & 10 - anonymously dedicated by an Ohev Torah and Marbitz Torah
in Ramat Beit Shemesh, Israel.
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(e) Third answer: Both the Mishnah and Beraisa are referring to a
married woman and a case of rape.
1. The Mishnah is referring to the wife of a Yisrael (where
the woman remains permitted to her husband, and a lasting
sign of the sin is only if a Mazmer is born of the union).
2. The Beraisa is referring to the wife of a Kohen (who
becomes forbidden to her husband even when she is raped).
1) THE ONE WHO HAS NO PEACE
(a) (Rav) "To the one who leaves and the one who comes, there is
no peace" (Zecharyah 8:10) -- this refers to one who leaves
Halachic discourse and goes to [learn] Scriptures, who has no
more peace (for no Halachic ruling can be derived from the
Scriptures alone).
(b) (Shmuel) This refers to one who leaves Talmud in order to
learn Mishnah (for no Halachic ruling can be derived from the
Mishnah alone).
(c) (R. Yochanan) This refers to one who even leaves the Talmud
Yerushalmi to learn Talmud Bavli (which is much more difficult).
2) MISHNAH: THE ROOTS OF THE ORAL LAW IN THE WRITTEN TORAH
(a) Heter Nedarim -- these laws "float in the air" and have no
explicit verse to rely upon.
(b) Hilchos Shabbos, Chagigos, Me'ilos -- these are like mountains
hanging from a hair, for they have very few verses and many
detailed laws.
(c) The laws of Dinim (legal judgments), Avodos, Taharos and Tum'os,
and Arayos have what to rely upon.
(d) These are the body (essential part) of the Torah.
3) THE SOURCE FOR "HETER NEDARIM" IN THE TORAH
(a) (Beraisa) Heter Nedarim does have a verse to rely upon.
(b) (R. Eliezer) Heter Nedarim is learned from the repetition of "Ki
Yafli" (Vayikra 27:2 and Bamidbar 6:2).
(c) (R. Yehoshua) Heter Nedarim is learned from "Asher Nishbati
b'Api" (Tehilim 95:11).
(d) (R. Yitzchak) Heter Nedarim is learned from "Kol Nediv Libo"
(Shemos 35:5).
(e) (Chananyah) Heter Nedarim is learned from "Nishbati v'Akaymah"
(Tehilim 119:106).
(f) (Shmuel) Had I been there, I would have given a source better
than all of theirs.
1. "Lo Yachel Devaro" ("he may not annul his word"; Bamidbar
30:3) -- he may not annul it, but others may annul it for
him.
(g) (Rava) All of the sources, except for Shmuel's, have questions
on them.
1. This is what people mean when they say, "More effective is
a single sharp pepper than a basket full of gourds."
4) THE SOURCE FOR HILCHOS SHABBOS IN THE TORAH
(a) Question: Why does the Mishnah say that Hilchos Shabbos have
"very few verses" -- there are many verses commanding us to
observe Shabbos!?
10b---------------------------------------10b
(b) Answer: The Mishnah is referring to the principle that only a
Meleches Machsheves is Asur mid'Oraisa, yet it is not written
anywhere explicitly.
5) THE SOURCE FOR HILCHOS CHAGIGOS IN THE TORAH
(a) Question: Why does the Mishnah say that Hilchos Chagigos have
"very few verses" -- there is an explicit source for Chagigos!?
(b) Answer: We might have thought that the verse, "v'Chagosem Oso
Chag la'Hashem" (Vayikra 23:41) means that they celebrated a
party, and not that they brought Korbanos Chagigah.
(c) Question: But there is a Gezeirah Shavah of "Midbar" (from Amos
5:25 to Shemos 5:1) which teaches clearly that they brought a
Korban Chagigah!
(d) Answer: Hilchos Chagigos are still "like mountains hanging from
a hair," because a Gezeirah Shavah from Nevi'im to the Chumash
cannot teach a Halachah d'Oraisa (it is only a Remez).
6) THE SOURCE FOR HILCHOS ME'ILOS IN THE TORAH
(a) Question: Why does the Mishnah say that Hilchos Me'ilos have
"very few verses" -- there is an explicit source for Me'ilah!?
(b) Answer (Rava): The Mishnah is referring to a case when the
owner remembers that the money is Hekdesh and rescinds his
Shelichus, while the Shali'ach goes and uses the money of
Hekdesh, inadvertently, to buy something for the owner -- the
Shali'ach is Chayav for Me'ilah.
1. Question: (R. Ashi) But that case is the same as every
other case of Me'ilah, whereby a person inadvertently
uses money of Hekdesh!
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