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Yevamos 34
YEVAMOS 33 & 34 - sponsored by Hagaon Rav Yosef Pearlman of London, a living
demonstration of love for and adoration of the Torah.
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1) [line 2] ISUR BAS ACHAS - two Isurim may take effect at the same instant
to prohibit the same object
2) [line 4] V'ASHAM ECHAD (ASHAM ME'ILOS)
A person who has benefit from Hekdesh b'Shogeg must bring a ram as a Korban
Asham, besides paying the amount he benefited plus a fine of Chomesh
(Vayikra 5:14-16).
3) [line 5] CHELEV
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated
animal), but it may be used for any other purpose. The Chelev of a Chayah (a
Kosher wild animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats Chelev b'Mezid, he is Chayav Kares; b'Shogeg he must
bring a Korban Chatas. If a person is in doubt whether the fat he ate was
Chelev or Shuman, he must bring a Korban Asham Taluy.
4) [line 5] NOSAR
(a) If any meat of a Korban remains after the time that was allotted for it
to be eaten, it must be burned, as the Torah states, "b'Yom Zivchachem
Ye'achel umi'Macharas, *veha'Nosar* Ad Yom ha'Shelishi ba'Esh Yisaref." -
"It shall be eaten the same day that you slaughter it and on the next day,
and anything that *remains* until the third day shall be burned in fire."
(Vayikra 19:6).
(b) If someone eats Nosar intentionally he is Chayav Kares. If he eats it
unintentionally, he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah
215).
5) [line 8] TA'AH BI'DEVAR MITZVAH PATUR
(a) A person must bring a Korban Chatas if he transgresses a prohibition
b'Shogeg (unintentionally) for which the Kares punishment applies for
intentional transgression. A person must bring a Korban Asham for Me'ilah
b'Shogeg, unintentionally benefiting from Kodshim.
(b) If a person does an Aveirah that makes him liable to bring a Korban
Chatas or Asham, but he thought that he was actually performing a Mitzvah of
the Torah through his action, the Tana'im argue as to whether he is liable
to bring a Korban or not.
(c) Even if To'eh b'Devar Mitzvah is Patur, there are various opinions among
the Tana'im and Amora'im with regard to exactly when this Petur applies and
when it does not:
1. Some say a person is Patur only if he actually performs a Mitzvah but not
if he does not end up performing a Mitzvah through his actions. This is the
subject of an argument between the Tana Kama and Rebbi Meir in Pesachim 72a.
2. Others say that the Petur of To'eh b'Devar Mitzvah only applies when the
person is in a rush because his time is limited ("Zemano Bahul"). If he has
the option of doing the Mitzvah on the next day, he is liable to bring a
Korban Chatas. (This is the reasoning of the Gemara Pesachim 72b, as opposed
to the opinion of Rebbi Yochanan there.)
3. Still others rule that we only exempt *ha'To'eh* (one who makes a
mistake) b'Devar Mitzvah, and not someone who was *Shogeg* b'Devar Mitzvah
(where he transgresses the Isur accidentally due to a lack of care) -- RASHI
to Pesachim 73b DH Im Yesh Shehus, and to Sukah 42a DH mi'Lishkah.
(These are just some of the numerous details of this Halachah. More details
are discussed in Pesachim 72b.)
6) [line 12] ZEMANO BAHUL - [he is in a rush since] his time is limited
7) [line 15] BEN GERUSHAH
A child born from the marriage of a Kohen to a woman who is prohibited to
the priesthood is not fit to be a Kohen. This is learned from the Pasuk, "Lo
Yechalel Zar'o b'Amav," - "He shall not invalidate his seed among his
people." (Vayikra 21:15). A Kohen is forbidden to marry a divorcee by Torah
Law. The Chachamim decreed that a Kohen may not marry a Chalutzah.
8) [line 16] KEREN V'CHOMESH (TASHLUMEI TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, the
owner must separate Terumah from the crop, which he gives to a Kohen.
Kohanim and members of their households are allowed to eat Terumah, as long
as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must
replace what he ate in the form of a food that becomes Terumah (Tashlumei
Terumah). He returns the Keren, the amount of Terumah that he ate, to the
Kohen who owned the Terumah (see Insights to the Daf, Pesachim 32). In
addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a
quarter of the value of what he ate). This Chomesh may be paid to any Kohen
(Terumos 6:2), and is not necessarily given to the Kohen who owned the
Terumah that was eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking
olive oil, he only pays the value of the Terumah that was destroyed (i.e.
the normal Halachah of damages applies to him, and not the laws of Tashlumei
Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally)
pays the value of the Terumah destroyed (i.e. the normal Halachah of damages
applies to him, and not Tashlumei Terumah), and incurs the punishment of
Misah b'Yedei Shamayim (Sanhedrin 83a).
9) [line 23] SHOF'OS - continually issuing blood
34b---------------------------------------34b
10) [line 2] B'ETZBA MA'ACHAH - she broke her Besulim with her finger
11) [line 16] V'YAKCHISH YAFYAH - and it will cause her to become less
beautiful
12) [line 17] KALAH - a newlywed bride
13) [line 20] HA'TORAH CHASAH AL TACHSHITEI CHALAH - the Torah has pity on
the cosmetics of a bride (that are washed off when she immerses in a Mikvah)
14) [line 30] KA MERANENEI RABANAN A'BASRICH - the scholars are murmuring,
speaking slanderous talk about you (because you became pregnant after not
being married for ten years)
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