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Sanhedrin 87
SANHEDRIN 87 - has been dedicated to the memory of Max (Meir Menachem ben
Shlomo ha'Levi) Turkel, as his Yahrzeit (5 Teves) approaches, by his
children Eddie and Lawrence, and his wife Jean Turkel/Rafalowicz.
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1) [line 1] MUFLA SHEB'VEIS DIN - a renowned Torah sage who is an expert
judge (According to the RAMBAM Hilchos Mamrim 3:8 he must have Semichah
(Halachic ordination). However, it appears that RASHI has no such
requirement; as long as he is fit to be a judge ("Ra'uy l'Hora'ah") and has
reached the age of forty, he can become a Zaken Mamrei -- YOSEF DA'AS.)
2) [line 2] YO'ETZ - adding an extra (thirteenth) month to the year, one of
the categories of Halachah to which the law of Zaken Mamrei applies; that
is, if he argues with a ruling of the Sanhedrin in this category of
Halachah, he can be punished as a Zaken Mamrei (IBUR SHANIM)
(a) A Shanah Me'uberes (a leap year) is one in which an extra month is
added. The only month that is ever added is Adar, such that in a Shanah
Me'uberes there are two months of Adar. The reason for adding the extra
month is in order to be certain that Pesach falls in the season of Aviv
(spring), as it states in the verse, "Shamor Es Chodesh ha'Aviv, v'Asisa
Pesach..." - "Observe the month of Aviv, and do the Pesach Sacrifice..."
(Devarim 16:1).
(b) A Beis Din of the Chachamim decides whether there is a need for a Shanah
Me'uberes based upon three signs: the spring equinox; the spring season in
the districts of Yehudah, Ever ha'Yarden and Galil; the ripening of fruits.
1. If, according to the calculation of the Chachamim, the spring equinox
will fall on the 16th of Nisan or later, the extra month is added. The month
that would have been Nisan is called Adar Sheni. 2., 3. These two signs are
interrelated. If the Chachamim decide that the spring season has not come,
i.e. the days are still short and dark and the fruits that are normally ripe
at the time of Pesach will not have ripened, the extra month is added, even
if the equinox falls before the 16th of Nisan. If spring arrived in two out
of three of the districts mentioned above, the extra month was not added.
(c) Besides the principal signs mentioned above, the Chachamim list four
more reasons to add an extra month, based upon necessity. 1. If the roads
are impassable and will prevent the Diaspora Jews from getting to the Beis
ha'Mikdash in time for the Pesach sacrifice. 2. If bridges are washed out
and the journey is impossible or dangerous for the Diaspora Jews. 3. If the
Diaspora Jews have started their journey, but will not arrive in
Yerushalayim on time. 4. If the ovens that were meant to be used for
roasting the Pesach sacrifices in Yerushalayim were destroyed during the
rainy season, and there are no substitutes for them (RAMBAM Hilchos Kidush
ha'Chodesh 4:1-5).
3) [line 2] "MIMECH YATZA CHOSHEV AL HASH-M RA'AH, YO'ETZ BELIYA'AL." -
"From you came out one who plotted evil against HaSh-m, and counseled
villainy." (Nachum 1:11) - In this verse the word "Mimech" (similar to
"Mimecha") is used together with "Yo'etz."
4) [line 3] HALACHAH - the laws passed orally to Moshe Rabeinu at Mount
Sinai (Halachah l'Moshe mi'Sinai. If a Torah sage argues with a ruling of
the Sanhedrin regarding a Halachah l'Moshe mi'Sinai, he can be punished as a
Zaken Mamrei.
5) [line 4] HA'DIN - (lit. the law) this word actually refers to the
exegetical method known as "Gezeirah Shavah." If a Torah sage argues with a
ruling of the Sanhedrin regarding a Halachah learned from a Gezeirah Shavah,
he can be punished as a Zaken Mamrei (GEZEIRAH SHAVAH)
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. One of them is Gezeirah Shavah, which
is a Halachic device by which two similar words in the Torah from different
subjects teach that laws from one subject apply to the other.
(b) A sage is only permitted to use the method of Gezeirah Shavah if he
received a tradition from his teachers that a Gezeirah Shavah exists between
the two words. However, the comparison that he makes regarding *which* laws
are applied from one subject to the other may be his own, if he did not
learn it directly from his teachers.
(c) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free
of any Derashah, they may be used unconditionally for the inference of a
Gezeirah Shavah between the two topics.
(d) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a
Machlokes whether they may be used unconditionally for the inference of a
Gezeirah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a
Gezeirah Shavah if we have no logical argument against learning the Gezeirah
Shavah (Lemedin u'Meshivin).
(e) EINO MUFNEH KOL IKAR - If both words are used for another Derashah,
there is a Machlokes whether they can only be used for a Gezeirah Shavah if
we have no logical argument not to learn the Gezeirah Shavah, or if they
cannot be used at all for a Gezeirah Shavah.
6a) [line 4] DAM NIDAH
By Torah Law, a woman who has her period is a Nidah for seven days. It makes
no difference whether she saw blood only one time or for the entire seven
days. At the end of seven days, after nightfall, she immerses in a Mikvah to
become Tehorah.
(The current practice is to consider all women who have a show of blood to
be a Zavah and therefore they must have seven clean days before they go to
the Mikvah.
b) [line 4] DAM LEIDAH (YOLEDES)
(a) In Vayikra 12:1-8 the Torah discusses the laws of Tum'ah and Taharah
after childbirth. After a woman gives birth, she must wait for a certain
amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That
time period is divided into two stages: 1. During the initial stage, she has
the status of a Nidah (even if she had not seen any blood). If she gave
birth to a male, this lasts for seven days. If a female was born, this stage
lasts for two weeks. At the end of this period, she may go to the Mikvah
after nightfall. After she has gone to the Mikvah, she is permitted to eat
Terumah, if she is the wife of a Kohen. 2. During the second stage, any
blood that she sees does not give her the status of a Nidah as it normally
would. The blood that she sees during this period is called Dam Tohar.
Nevertheless, during this period, she may not eat Kodshim or enter the Beis
ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days
for a female. Thus, the total waiting period for a male is forty days and
for a female, eighty days.
(b) At the end of the above two stages, the woman may eat Kodshim and enter
the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes.
Until then she is a Mechuseres Kaparah (see Background to Sanhedrin 83:14).
Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben
Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings
two Torim or two Benei Yonah, one as an Olah and one as a Chatas. (The
current practice is to consider a woman a Nidah even during the period of
Dam Tohar -- see Insights to Nidah 25a.)
c) [line 4] DAM ZIVAH (ZAVAH)
(a) The eleven days that follow the seven days of Nidah (see above, entry
#6a) are "days of Zivah." If a woman experiences bleeding during these days
for one or two consecutive days, whether the bleeding is b'Ones (due to an
external cause, see Background to Bava Kama 24:5:b) or not, she becomes a
Zavah Ketanah and is Teme'ah.
(b) If she does not experience bleeding the following night and day, she may
immerse in a Mikvah during the day to become Tehorah. She may even immerse
on the morning immediately following the day on which she saw blood, but her
Tum'ah and Taharah are contingent upon whether or not she sees blood
afterwards on that day. She is called a Shomeres Yom k'Neged Yom, because
she must *watch* the following day to confirm whether or not she sees blood.
(c) If a woman has a show of blood for three consecutive days during her 11
days of Zivah, she becomes a Zavah Gedolah. In order for her to become
Tehorah, she must count seven "clean days" during which she verifies that
she has no other show of blood. On the morning of the seventh clean day she
immerses in a Mikvah. If she does not experience bleeding during the rest of
the day she is Tehorah and no longer a Zavah. A Zavah Gedolah must bring a
Korban Zavah to permit her to enter the Beis ha'Mikdash or to eat Kodshim.
The Korban is two Torim or two Benei Yonah, one offered as an Olah and one
as a Chatas (Vayikra 15:25-30).
7a) [line 6] NIG'EI ADAM
(a) When a Jew develops a mark on his body the size of a Gris (a Cilician
bean, approximately the size of a dime) that looks like the skin disease of
Tzara'as, a Kohen must be summoned to ascertain whether or not it is a Nega
Tzara'as. (Depending on the type of mark, this is determined by different
factors -- see below, (b).) The Kohen inspects the mark during the day, but
not in bright sunshine and not under conditions that obstruct the sunlight,
such as a cloudy day or a darkened room. If it is indeed a Nega Tzara'as,
the Kohen pronounces him Tamei, initiating a one or two-week period of
quarantine or "Hesger" (depending on the type of blemish). During this
period, he is known as a Metzora Musgar. If no "Simanei Tum'ah" (signs of
Tum'ah - see below, (b)) appear in the mark during that time, the Kohen
pronounces the Metzora Musgar to have become Tahor. If Simanei Tum'ah do
appear in the mark at the end of the first or second week of Hesger - or
even when the Kohen first sees the Nega or after the Metzora has become
Tahor - the Kohen pronounces him a Metzora Muchlat. A Metzora Muchlat
remains Tamei until his Simanei Tum'ah go away, after which the Kohen
pronounces him to have become Tahor.
(b) There are four types of blemishes that constitute Neg'ei Tzara'as that
affect a Jewish person: Nig'ei Basar; Shechin or Michvah; Nesek; Karachas or
Gabachas.
1. NIG'EI BASAR refers to Tzara'as that affects normal skin. It appears as a
white blotch of one of four bright shades of white, sometimes with some red
mixed in. The period of Hesger for Nig'ei Basar is two weeks. A Kohen
inspects the Nega at the end of each week, and at the end of the two-week
period he declares the Metzora to be either Tahor or Muchlat. The signs of
Tum'ah for Nig'ei Basasar are: 1. the lesion spreads ("Pisyon"); 2. two or
more white hairs ("Se'ar Lavan") grow inside the lesion *after* it appears
on the skin; 3. a patch of normal looking skin ("Michyah"), measuring two by
two hairs or more, appears in middle of the Nega.
2. SHECHIN or MICHVAH refer to the Tzara'as of a boil or a burn. It appears
as a white blotch of one of four bright shades of white, sometimes with red
mixed in, that develops over a partially healed pustule, boil or blister
produced by non-fire heat or by friction (in the case of Shechin), or over a
burn produced by the heat of a fire (in the case of Michvah). The period of
quarantine for Shechin and Michvah is only one week, after which the Kohen
declares the Metzora either Tahor or Muchlat. (The Halachos of Shechin and
Michvah are identical. They are distinct only in that a half-Gris of one of
them does not combine with a half-Gris of the other to make a person Tamei
(Nega'im 9:2). Their signs of Tum'ah are: 1. the mark spreads (Pisyon); 2.
two or more white hairs (Se'ar Lavan) grow inside the mark *after* the Nega
Tzara'as appears.
3. NESEK (pl. Nesakim) refers to Tzara'as that appears beneath the hair of
the scalp or beard. According to most Rishonim, a Nesek appears as normal
skin that is revealed when a cluster of hair (measuring the size of a Gris)
falls out from parts of the scalp or beard that are normally covered with
hair, such that a bald spot without even two normal hairs is created (see
RAMBAN to Vayikra 13:29). The period of Hesger for a Nesek is two weeks. At
the beginning of the Hesger, the Kohen shaves the hair surrounding the
Nesek, only leaving a two-hair-thick ring around the Nesek. A Kohen inspects
the Nesek at the end of each week, and at the end of the two-week period he
declares the Metzora to be either Tahor or Muchlat. The signs of Tum'ah of a
Nesek are: 1. the Nesek spreads ("Pisyon") -- that is, more hair falls out
around the periphery of the original Nesek; 2. two or more thin, golden
hairs ("Se'ar Tzahov Dak") grow inside the Nesek after it appears on the
skin. Nesek, unlike the other Nega'im, also has a Siman Taharah, which can
make it Tahor at any time: If normal, black hairs grow in the Nesek, the
Kohen pronounces the Metzora to be Tahor.
4. KARACHAS or GABACHAS refer to Tzara'as that affects a completely bald
scalp (which became bald through exposure to a balding agent, or through a
normal balding process -- see RASH to Negaim 10:10A and RAMBAN to Vayikra
13:29), either in the fore part of the head (Gabachas) or the back part of
the head (Karachas). Their Halachos are identical to those of Nig'ei Basar
(above, 1) that appear on a normal, non-hairy part of the skin, except that
it lacks the Siman Tum'ah of Se'ar Lavan (since it is on a part of the body
on which hair does not grow). (The Halachos of Karachas and Gabachas are
identical. They are distinct only in that a half-Gris of one of them does
not combine with a half-Gris of the other to make a person Tamei, Negaim
10:10.)
(c) The names and colors of four types of marks that make a person a Metzora
through Nig'ei Basar, Shechin or Michvah and Karachas or Gabachas are 1.
Baheres, which is the color of snow; 2. Se'es, which is the color of clean,
white newborn lamb's wool; 3. Sapachas of Baheres, which is the color of the
plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es, which
is the color of the white membrane found on the inside of an egg. (For a
full discussion of the process by which a Metzora becomes Tahor, see
Background to Kidushin 35:24.)
b) [line 6] NIG'EI BATIM - Tzara'as that infects houses
(a) The marks of Tzara'as for houses consist of intense green or intense red
streaks or spots that are at least the size of two Gerisin (a Gris is a
Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as
is found on the walls of a house, it is put into quarantine by a Kohen for a
week. Before the Kohen puts the house into quarantine, he commands that the
house be emptied of its contents to prevent its utensils from becoming
Tamei.
(b) The Torah states (Vayikra 14:39) "v'*Shav* ha'Kohen," to prescribe that
the Kohen *return* six days later to check the house. If the Tzara'as has
spread, one must remove (Choletz) the stones with Tzara'as from the house,
scrape off the surrounding plaster, insert new stones and re-plaster the
entire house. The house is then put into quarantine for another week. If the
Tzara'as returns to the house during the following week, the owner must
dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the
house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(c) On the other hand, if the Tzara'as did not change after the first week,
the Kohen leaves it as is and returns again six days later. The verse states
(Vayikra 14:44) "u'*Va* Ha'kohen," which means "if, when the Kohen *comes*
back to the house to inspect it a second time, he finds that the spot of
Tzara'as has spread, the house is Tamei." Chazal teach that this verse is
referring to a spot of Tzara'as that does *not* spread during its first
week. The Kohen "comes back to the house" after a second week to see whether
the spot has spread, remains, or has disappeared. If the Tzara'as has
*either* spread *or* remained, one must remove (Choletz) the stones with
Tzara'as from the house, scrape off the surrounding plaster, insert new
stones and re-plaster the entire house. The house is then put into
quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the
house during the following week, the owner must dismantle (Notetz) the
entire house (Vayikra 14:45).
(d) Even though the words "v'Shav" and "u'Va" are not identical, they are
referring to the same action; namely, the Kohen entering the house to
inspect it. This relates the two verses to each other with a Gezerah Shavah.
Just as the house is not dismantled if the Tzara'as spreads during the first
week -- unless the stones are scraped and the Tzara'as returned to the house
after a week of quarantine -- so, too, the house is not dismantled if the
Tzara'as spread during the second week unless it returns to the house after
the quarantine period that follows the scraping.
(e) If during one of the inspections at the end of the first or second week
the Kohen finds that the Tzara'as has disappeared or diminished in intensity
such that it can no longer be classified as a Nega, the location of the spot
alone is scraped and the house is declared Tahor after the owner follows the
procedure for being Metaher houses (see Background to Sukah 13:11:IV).
(RAMBAM Hilchos Tum'as Tzara'as 15:2)
c) [line 7] NIG'EI BEGADIM - Tzara'as that infects clothing
(a) The marks of Tzara'as for clothes consist of intense green or intense
red marks that are at least the size of one Gris (a Cilician bean,
approximately the size of a dime) (Nega'im 11:4).
(b) If Tzara'as is found on a garment, it is put into Hesger (quarantine) by
a Kohen for a week. If the spots remained the same size, the garment is
washed and put into quarantine for yet another week (ibid. 11:5).
(c) If, either when the Kohen first sees them or at the end of one week, the
spots are seen to have increased in size, the garment is termed "Muchlat"
and the entire garment is burned.
(d) If after the second week the Tzara'as has either remained the same or
spread, the garment becomes "Muchlat" and the entire garment is burned. If
the marks of Tzara'as remain but have faded somewhat, then only the part of
the garment that bears the marks of Tzara'as is cut out from the garment and
burned and the rest of the garment is Tahor. A patch is sewn in place of the
parts that were removed. If Tzara'as returns to either the garment or the
patch after the original Tzara'as has been removed, the entire garment is
burned.
(e) Garments that are Muchlat (i.e. that contain Tzara'as that must be
burned) are Asur b'Hana'ah.
8a) [line 7] CHARAMIM
(a) There are two types of Charamim (a type of vow or pledge in which one
pronounces "This object should be a Cherem"):
1. Chermei Kohanim, which are given to the Kohanim for their personal use
and cannot be redeemed from the Kohen;
2. Chermei Gavo'ah, which are given to the Beis ha'Mikdash for the Bedek
ha'Bayis and can be redeemed like any other Hekdesh.
(b) The Tana'im argue (Erchin 28b) as to whether Stan Charamim (Charamim
that are pledged without designating the recipient) are allocated to the
Kohanim or to the Bei ha'Mikdash.
b) [line 7] ARACHIN
(a) Erech (= endowment valuation) refers to a special form of vow. If a
person declares, "Erech Ploni Alay" ("I accept upon myself to give the
endowment value of so-and-so [to Hekdesh]"), he must give the specific value
that the Torah designates for the person's gender and age group as stated in
Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the
person is healthy or sick, strong or weak.
(b) The Erech that the Torah specifies for children between the ages of 1
month and 5 years is 5 Shekalim for males and 3 Shekalim for females
(Vayikra 27:6). For youths and young adults between the ages of 5 years and
20 years, the Erech that the Torah specifies is 20 Shekalim for males and 10
Shekalim for females (Vayikra 27:5). For adults between the ages of 20 years
and 60 years, the Erech that the Torah specifies is 50 Shekalim for males
and 30 Shekalim for females (Vayikra 27:3-4). For adults over 60 years of
age, the Erech that the Torah specifies is 15 Shekalim for males and 10
Shekalim for females (Vayikra 27:7).
c) [line 8] HEKDESHOS (PIDYON HEKDESH)
(a) If a person consecrates (is "Makdish") an object to the Beis ha'Mikdash
and that object is of no benefit to the Mikdash "as is," the object may be
sold by the appointees of Hekdesh (Gizbarim), who determine its selling
price based on the estimate of a group of experts. When a person buys the
object from Hekdesh, the object loses its Kedushah and its value becomes
Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from
Hekdesh.
(b) If the object that is being redeemed from Hekdesh is anything other than
land, three experts must be present to determine its value. If the object is
land, ten experts, one of the them a Kohen, must be present. The same
applies if a person donates his own value to Hekdesh; ten experts, one of
them a Kohen, must determine the amount that he will pay Hekdesh. (Erchin
19b and RASHI, RAMBAM Hilchos Arachim 8:2)
9) [line 8] HASHKA'AS SOTAH
(a) A Sotah is a woman who is suspected of committing adultery because she
was warned by her husband not to seclude herself with a certain man and she
violated the warning. The process of warning her in front of witnesses is
called Kinuy. The witnesses who see her seclude herself with the suspected
adulterer are called Eidei Stirah. The time of seclusion must be at least
for the time that it takes to roast an egg and swallow it. The woman is
forbidden to her husband and the alleged adulterer until she drinks Mei
Sotah (see (d), below).
(b) The husband must bring his wife to the Beis ha'Mikdash to perform the
ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah
scholars to accompany them to make sure that they do not engage in marital
relations, which are forbidden to them. Moreover, if the couple does have
marital relations at this point, the Mei Sotah will not work, since the
husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the
ceremony to work. The Gemara (Sotah 47b) explains that this means that he
did not have relations with his wife from the time that she became
prohibited to him or with any other woman (ever) who was prohibited to him
(RASHI to Sotah ibid.)
(c) The couple brings a sacrifice consisting of 1/10 of an Eifah (approx. 2
quarts) of barley meal as a Minchah offering. In the Azarah of the Beis
ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing
the curses with which a Sotah is cursed, out loud (in any language that the
Sotah understands) and makes the Sotah swear that she has been faithful to
her husband.
(d) An earthenware jug is then filled with half a Lug of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, which causes the ink to
dissolve, erasing the Holy Names. The Sotah afterwards drinks from the
water. If she was unfaithful to her husband and allowed herself to become
defiled, the water would enter her body and poison her, causing her belly to
swell out and her thigh to rupture. If she was faithful to her husband, she
remained unharmed and would be blessed that she would become pregnant
(Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the
present day, she must be divorced and does not receive her Kesuvah.
10) [line 8] ARIFAS EGLAH (EGLAH ARUFAH)
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not
known who the murderer is, the Torah requires that an Eglah Arufah be
brought in order to atone for the blood that was spilled (Devarim 21:1). The
procedure is as follows:
(b) Five elders (according to the opinion of Rebbi Yehudah, which is the
Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court)
measure the distance between the dead body and the cities around it to
determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female
calf that has never been worked (see Background to Bava Metzia 30:12:b) to a
Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a
valley with tough soil - RASHI). They strike it on the back of its neck
(Arifah) with a cleaver, severing its spinal column, gullet and windpipe.
(d) The elders of the closest city then wash their hands there and say, "Our
hands have not spilled this blood, and our eyes did not see [the murder]"
(Devarim 21:7). This includes a proclamation that the dead man was not sent
away from the city without the proper food for his journey or the proper
accompaniment. The Kohanim that are present say, "Atone for Your people
Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for]
innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this
procedure, HaSh-m will grant atonement for the innocent blood that was
spilled (RAMBAM Hilchos Rotze'ach 9:3).
11) [line 9] TAHARAS METZORA
(a) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - On the day that a Metzora
is healed from his Tzara'as, he takes two kosher birds (Tziporei Metzora), a
piece of cedar, some crimson wool and a hyssop branch. One of the birds is
slaughtered over fresh spring water in a clay bowl. A Kohen dips the other
bird, along with the other articles, into the spring water that is mixed
with the blood and sprinkles it seven times on the Metzora. The living bird
is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur
is removed from the living bird after it is sent off to the fields.
(b) The Metzora next shaves with a razor all places on his body that have a
collection of hair and that are exposed, and immerses in a Mikvah. He is now
considered Tahor to the extent that he may enter a settlement, but marital
relations are forbidden (Mo'ed Katan 7b). He counts seven days (*Yemei
Sefiro*), and on the seventh day he once more shaves and immerses. He is now
completely Tahor but is still a Mechusar Kaparah (see Background to
Sanhedrin 83:14). (For a description of the Korbanos that the Metzora brings
on the eighth day, see Background to Bava Kama 110:23:6:c-e.)
12a) [line 9] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently
slipped out of the reaper's hand while he harvested them (by cutting them
underneath with a sickle) or while he uprooted them (if he is not using a
sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem).
Such stalks may not be retrieved by the owner but must be left for the poor,
as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket...le'Ani
vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have
fallen from the harvest...you shall leave them (the gifts of Pe'ah, Leket,
Olelos and Peret) for the poor and the stranger." If three stalks fall
together, they are not considered Leket and may be retrieved by the owner.
b) [line 9] SHICHECHAH
(a) If one or two sheaves of grain were forgotten in the field when the
other sheaves were collected, they must be left for the poor, as described
in Devarim (24:19). From the moment the owner of the field turns away from
the remaining sheaves with the intention of ending the collection, it is
prohibited for him to return for the remaining sheaves (Mishnah Pe'ah 6:4).
(b) If three sheaves of grain were forgotten in the field, then they do not
have the status of Shichechah and a poor person may not take them.
c) [line 10] PE'AH
The corner, or end, of the harvest must be left in the field for the poor,
as it states "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov
Osam." - "Do not completely harvest the corner of your field... you shall
leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and
the stranger" (Vayikra 19:9-10).
13a) [line 10] MELAMED SHE'BEIS HA'MIKDASH GAVO'AH ME'ERETZ YISRAEL - this
teaches that the Beis ha'Mikdash is higher than any point in Eretz Yisrael
(that is, (a) except for Ein Eitam; (b) the *walls* of the Beis ha'Mikdash
are higher than any point in Eretz Yisrael, including Ein Eitam -- TOSFOS DH
she'Beis)
b) [line 11] V'ERETZ YISRAEL GAVO'AH MI'KOL HA'ARATZOS - (lit. and Eretz
Yisrael is higher than all of the lands) that is (a) it is the *center* of
the world (MAHARSHA to Kidushin 68a); (b) it is *spiritually* higher than
all of the lands (MAHARAL); (c) it is higher than all of its *surrounding*
lands, and anyone travelling to it must walk upward (MEROMEI SADEH)
14) [line 12] MELAMED SHEHA'MAKOM GOREM - to teach that the place [of the
Sanhedri Gedolah in the Lishkas ha'Gazis] causes [the sage to be convicted
of being a Zaken Mamrei; if he argues with the Sanhedri Gedolah elsewhere,
he cannot be convicted of being a Zaken Mamrei.]
15) [line 15] "LACHEN, HINEH YAMIM BA'IM..." - "Therefore, behold days are
coming, says HaSh-m, and they will no longer say, 'By the life of HaSh-m,
Who raised up the children of Yisrael from the land of Egypt,' but rather,
'By the life of HaSh-m, Who raised up and Who brought the seed of the house
of Yisrael from the land of the north and from all of the lands to which I
banished them there;' and they shall dwell in their own land." (Yirmeyahu
23:7-8)
16a) [line 20] ZAKEN MAMREI EINO CHAYAV ELA AL DAVAR SHE'ZEDONO KARES V'SHIG
EGASO CHATAS - a sage does not become a Zaken Mamrei unless he argues with
the Sanhedri Gedolah with regard to a ruling that has an outcome where a
person may transgress a sin for which intentional transgression bring about
the punishment of Kares and unintentional transgression bring about the
obligation to offer a Korban Chatas
b) [line 22] DAVAR SHE'IKARO MI'DIVREI TORAH U'FEIRUSHO MI'DIVREI SOFRIM -
a Mitzvah, the source of which is in the Torah and the precise explanation
of it comes from the tradition handed down by the true Torah sages
c) [line 23] AFILU DIKDUK ECHAD MI'DIKDUKEI SOFRIM - (a) even for one
decree of the Rabanan [that leads to an outcome of a sin she'Zedono Kares
v'Shigegaso Chatas] (RAMBAM Hilchos Mamrim 1:4, Sefer ha'Mitzvos Shoresh
Rishon, p.19 in the Shabse Frankel edition -- see RAMBAN there); (b) a law
of the Torah that is learned from one of the methods that Chazal use for
extracting the Halachah from the verses of the Torah (RAMBAN ibid., RAN)
17) [line 26] "... V'NE'ELAM DAVAR ME'EINEI HA'KAHAL..." - "[And if the
whole congregation of Yisrael sins through ignorance,] and a matter became
obscured from the eyes of the assembly, [and they have transgressed any of
the negative commandments of HaSh-m, and are guilty.]" (Vayikra 4:13)
18) [line 28] "AL PI HA'TORAH ASHER YORUCHA... ASHER YAGIDU LECHA..." -
"According to [the laws of] the Torah that they shall teach you, [and
according to the judgment that they shall tell you, you shall do; you shall
not stray from the law] that they shall declare to you, [to the right or to
the left.]" (Devarim 17:11)
19) [line 29] "ASHER YAGIDU LECHA" - (Devarim 17:11) - see previous entry
20) [line 29] KOL DEHU - anything [that they say to you -- see above, entry
#16c]
21) [line 30] TIRGEMA LI - explain to me [how all of the cases stated
previously (Ibur Shanim, Gezeirah Shavah, Dam Nidah, etc.) can fit into
Rebbi Meir's opinion that a sage does not become a Zaken Mamrei unless he
argues with the Sanhedri Gedolah with regard to a ruling that has an outcome
where a person may transgress a sin she'Zedono Kares v'Shigegaso Chatas]
22) [line 30] PUK - go out
23a) [line 31] L'ABER SHANIM (IBUR SHANIM)
See above, entry #2.
b) [line 32] LIKVO'A CHODASHIM - to determine the beginning of the new
month (according to the MARGOLIYOS HA'YAM) (KEVI'AS CHODASHIM)
See Background to Sanhedrin 2:10.
24) [line 32] HEN HE'IDU - they testified (source: Eduyos 7:7; Rebbi
Yehoshua and Rebbi Papeyas, who are mentioned in the previous Mishnah in
Eduyos, are the Tana'im who testified)
25a) [line 34] HILCHOS ACHAD ASAR (ZAVAH: YOM ACHAD ASAR)
(a) See above, entry #6c.
(b) Rebbi Yochanan and Reish Lakish argue with regard to the status of the
tenth day of the Zivah period. Rebbi Yochanan rules that the tenth day is
like the ninth day, that is, it is exactly like all the rest of the days of
Zivah. A woman who sees blood on one of the days of Zivah must watch the
next days to make sure that there are no three consecutive days of bleeding.
Similarly, a woman who sees blood on the tenth day must watch the eleventh
day for Dam Zivah (even though there is *never* a possibility of three
consecutive days of Dam Zivah, since the twelfth day begins a new cycle of
Dam Nidah). Reish Lakish rules that the tenth day is like the eleventh day.
A woman who sees blood on the eleventh day does not have to watch for Dam
Zivah on the twelfth day (since that blood will be Dam Nidah). So, too, a
woman who sees blood on the tenth day does not have to watch for blood on
the eleventh day, since there is no possibility of three consecutive days of
Dam Zivah. (For the alternate reading of the argument between Rebbi Yochanan
and Reish Lakish to which Rashi alludes, see Nidah 72b and Insights to Nidah
72:1.)
(c) The Halachos of the eleventh day is one of the categories of Halachah to
which the law of Zaken Mamrei applies; that is, if he argues with the
Sanhedrin as Rebbi Yochanan and Reish Lakish did, he can be punished as a
Zaken Mamrei. If a woman sees blood on the tenth day of Zivah and a person
has relations with her on the eleventh day, according to Rebbi Yochanan that
person is Chayav Kares, like anyone who has relations with a Shomeres Yom
k'Neged Yom. According to Reish Lakish he is not Chayav Kares, since she is
not a Shomeres Yom k'Neged Yom.
b) [line 34] HILCHOS ACHAD ASAR - (RASHI DH Hilchos Achad Asar writes that
a woman who sees blood and becomes a Zavah Gedolah needs to offer a Korban
and immerse in *Mayim Chayim*, flowing spring water. See Rashi to Shabbos
65b where he brings this opinion in the name of his Rabosav. However, to
refute this opinion, he brings a Tosefta that rules that only a Zav is
required to immerse in Mayim Chayim, not a Zavah (RAV YITZCHAK ISAAC CHAVER,
RASHASH). The Rashash changes the Girsa to read, "l'Korban *ule'Sefiras
Shiv'ah Neki'im*," - "and to count seven clean days.")
26a) [line 35] ASIRI KI'TESHI'I - the tenth [day of Zivah] is like the ninth
[day of Zivah] (see previous entry, (b))
b) [line 35] ASIRI K'ACHAD ASAR - the tenth [day of Zivah] is like the
eleventh [day of Zivah] (see previous entry, (b))
27) [line 36] MAH TESHI'I BA'I SHIMUR - just like [a woman who see blood on]
the ninth day needs to "watch" [the next consecutive days to make sure that
there are not three consecutive days on which she saw Dam Zivah (see above,
entry #25)]
28) [last line] AF ASIRI LO BA'I SHIMUR - so, too, does [a woman who sees
blood on] the tenth day does not need to "watch" [the next day for Dam
Zivah, because there is no possibility of three consecutive days on which
she will see Dam Zivah (see above, entry #25)]
87b---------------------------------------87b
29) [line 5] DAM HA'YAROK - (lit. yellow blood) a flow that has a yellow
color
30a) [line 7] MA'AYAN ECHAD HU - there is a common source for the flow of
Dam Tamei and Dam Tohar
b) [line 9] SHNEI MA'AYANOS HEM - there are two different sources for the
flow of blood; one for Dam Tamei and one for Dam Tohar
31) [line 11] KISHESAH (DAM KISHUY / YOLEDES B'ZOV)
(a) A woman who has labor pains and sees a flow of blood is not a Zavah as
long as she gives birth due to the labor. The blood is known as Dam Kishuy.
If the labor pains stop after she saw blood on three consecutive days, it is
possible that she will be Yoledes b'Zov when she gives birth. The Halachah
understands that since the labor pains stopped, the three days of blood are
considered Dam Zivah, as long as there is a prominent interval between the
end of her flow and the day that she gave birth. The Tana'im argues as to
how long the interval must be when she is not in labor for her to be
considered a Yoledes b'Zov.
(b) By Torah Law, a woman who gives birth may immerse in a Mikvah after her
Yemei Tum'ah (seven days upon the birth of a boy and fourteen days upon the
birth of a girl). Blood that she sees after the Yemei Tum'ah is Dam Tohar
and she is Tehorah, until she sees blood 41 days after the birth of a boy or
81 days after the birth of a girl (see above, entry #6b).
(c) The laws of Yemei Taharah do not apply if she had been a Zavah before
she gave birth. Under such circumstances, she remains Temei'ah after the
birth until she counts seven clean days when she sees no blood. According to
some, a Yoledes b'Zov must begin her count of seven clean days after the
Yemei Tum'ah have ended -- Nidah 29b, 37a. Others say that the count of
clean days may begin during the Yemei Tum'ah, if the blood flow has stopped.
32) [line 12] IM SHAFSAH ME'ES L'ES - if she rested (i.e. the labor pains
stopped) for a twenty-four hour period
33) [line 15] SHE'SHAFSAH MIN HA'TZA'AR V'LO MIN HA'DAM - if the pains
stopped, even though the flow of blood did not stop
35) [line 20] L'DIVREI HA'KOL - according to all opinions
36) [line 30] IM BAHERES KADAM L'SE'AR LAVAN
See above, entry #7a.
37) [line 32] KEHAH, TAHOR - [it is *as if* the mark of Tzara'as became]
dull, [which is a sign that the Metzora is Tahor]
38) [line 33] EIN HA'BAYIS TAMEI
See above, entry #7b.
39) [line 34] KI'SHNEI GERISIN - [marks of Tzara'as the size of] two Cilcian
beans (each are approximately the size of a dime)
40) [line 34] B'KEREN ZAVIS - in a corner
41a) [line 35] KESIV "KIR" - the verse states "u'Mar'eihen Shafal Min
ha'*Kir*" - "and their appearance seems to be set in to the *wall* (lit.
lower than the wall)" (Vayikra 14:37)
b) [line 35] KESIV "KIROS" - the verse states "v'Hinei ha'Nega b'*Kiros*
ha'Bayis" - "and behold, the plague is in the *walls* of the house"
(Vayikra14:37)
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