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Yevamos 122
YEVAMOS 122 (Siyum!) - The Siyum of Maseches Yevamos has been dedicated by
Dr. Eli Turkel (of Raanana, Israel) to the memory of his uncle, Wolf
Rosengarten (of Zurich, Switzerland) Ztz'l, at the completion of the Shivah
for his passing. Reb Wolf Rosengarten was a person of "Sheleimus" in every
way, in Torah, in Chessed (b'Gufo and b'Memono) and in Avodas Hashem. Klal
Yisrael has lost a precious gem that cannot be replaced.
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1) [line 1] SHAHISA TELASA RIGLEI - she waited for three festivals (the
times when Abaye came to teach the laws of each festival) [but he did not
answer her]
2) [line 2] D'CHARIF SAKINA - (lit. whose knife is sharp) who has a keen
intellect
3) [line 5] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Yesodei ha'Torah 5:8)
4) [line 5] AZIKAH - (a) fenced in and guarded (RASHI, 1st explanation); (b)
the name of a place in Eretz Yisrael known for its excellent fruits (RASHI,
2nd explanation)
5) [line 5] NETA REVA'I
(a) In the first three years after a tree is planted, its fruits are called
Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of
the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24).
They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively,
the fruits may be redeemed (Pidyon), in which case the money used to redeem
them is brought to Yerushalayim. The food that is bought with this money is
Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.
(b) The Gemara (Berachos 35a) records an argument as to whether the laws of
Neta Reva'i apply to all fruits or only to grapes (Kerem Reva'i). The
Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i
apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).
(c) With regard to fruits that grew outside of Eretz Yisrael, there are
three opinions: 1. RABEINU YONAH to Berachos 35a, quoting RI HA'ZAKEN,
states that they have the same Halachah as fruits in Eretz Yisrael, and
require Pidyon; 2. The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that
they do not require Pidyon; 3. GE'ONIM, TOSFOS Berachos 35a DH u'Leman and
ROSH to Berachos 35a explain that the rule, "the Halachah in Chutz la'Aretz
follows the opinion of those who hold the lenient opinion in Eretz Yisrael"
applies to Neta Reva'i. The lenient opinion is Kerem Reva'i, where the laws
of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year
*grapes* need Pidyon.
(d) The SHACH (Yoreh De'ah 294:17) concludes that *all* fourth-year fruits
of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz.
The Vilna Ga'on (ibid. 294:28) rules like the third opinion, 3., in which
case only grapes need Pidyon in Chutz la'Aretz, and a Berachah is recited on
their Pidyon.
6) [line 6] L'HASHBI'ACH MIKCHO - to impress his clientele by raising their
opinion about his wares
7) [line 7] TZAIDAN - a small city that was situated north of Lake Kineres,
to the east of the Yarden River (not to be confused with Tzidon, Sidon,
located on the southern coast of Lebanon)
8) [line 9] CHAVAL AL YEHUDI... - Alas! Regarding the Jew...
9) [line 11] KOLAR - a group
10) [line 12] ANTOCHIYA - Antioch, the ancient capital of Syria, situated on
the Orontes River
11a) [line 15] KARKOM BEISAR - the siege of Beisar
b) [line 15] BEISAR
(a) Beisar was a large city in Eretz Yisrael that was destroyed by the
Romans during the Jewish revolt (circa 122 C.E.). The blood of the men,
women and children killed is said to have flowed into the Mediterranean Sea,
which was a distance of one Mil away (Gitin 57a; according to Eichah Rabah
2:4 four Mil; alt. 40 Mil). The Gemara (ibid.) records that the non-Jews in
the neighboring towns did not need to fertilize their vineyards for seven
years due to the quantity of blood that flowed into the ground.
(b) At first, the Roman Government did not let the Jews bury the bodies. One
emperor is said to have fenced in his vineyard with the dead bodies (Eichah
Raba ibid.). After quite some time, the next emperor let the bodies be
buried. It was seen as a sign of favor from HaSh-m that the Romans changed
their minds, and that the bodies did not decompose before they were buried.
The Chachamim established the Berachah of ha'Tov veha'Metiv to commemorate
the miracles.
12) [line 19] ME'IDIN L'OR HA'NER - it is permitted to give testimony [about
the identity of a dead man so that his wife can remarry, even if the
witnesses only saw his body] with the dim light of a candle
13) [line 20] AL PI BAS KOL - (a) based upon the report of a voice (the
origin of which is unknown, as opposed to the common usage of Bas Kol, a
Heavenly voice) (TOSFOS YOM TOV); (b) even if the witnesses only heard the
echo of the report of his death (TIFERES YISRAEL)
14) [line 23] TZALMON - a town in Eretz Yisrael, that was located in the
hills of the lower Galil
15) [line 29] SHED - a demon
16) [line 30] DAMU - make themselves similar to the form of a person
17) [line 30] BAVU'AH - the reflected image
18) [line 30] BAVU'AH D'BAVU'AH - their image reflected twice
19) [line 31] YONASAN SHEIDA - (a) Yonasan the Demon; (b) Yonasan, the
expert on demons
20) [line 32] V'DILMA TZARAH HAVAI - but perhaps it was her co-wife (trying
to force her to become prohibited to their husband
21) [line 35] ISH BEIS DLI - a [former] resident of a place called Beis Dli
in Eretz Yisrael, identified by some as the modern-day village Dli in the
district of Chavran. This village lies 14 km northeast of Naveh, which was
the home of many scholars during the end of the Second Temple period and the
times of the Mishnah and Gemara (RAV B. Z. SEGAL, ha'Ge'ografiyah
ba'Mishnah, Yerushalayim 5739)
22) [line 36] NUMEISI LO - and I said to him
23) [line 37] MESHUBESHES B'GAYASOS - [this country] is in confusion because
of ravaging troops
24) [line 38] HIRTZESI HA'DEVARIM - when I discussed the matter
25) [line 40] TEL ARZA - the name of a place that was located in Eretz
Yisrael, in the district of Yehudah, possibly the home of the family of Ben
Arza (Tamid 7:3). It was the scene of Roman massacres of the Jews during the
Bar Kochva revolt.
26) [line 49] TZO'AR, IR HA'TEMARIM - a city located in the Jordan Plain,
probably on the southern bank of what is now the Dead Sea, mentioned in
Bereishis 13:10, 19:22, and Devarim 34:3
27) [line 49] PUNDAK - an inn
28) [line 50] PUNDAKIS - a woman innkeeper
29) [line 50] NUMEIS LAHEM - she said to them
30) [line 51] V'LO SEHEI KOHENES K'FUNDAKIS? - And should a woman of
impeccable lineage not be as trustworthy as an [undignified] innkeeper?
(i.e. why does Rebbi Akiva not accept the testimony of a woman in the
previous Mishnah while he accepts the words of the innkeeper of this
Mishnah?)
31) [last line] TARMILO - (O.F. boteile) a small leather pouch
122b---------------------------------------122b
32) [line 2] U'MESICHAH LEFI TUMAH - speaking innocently
33) [line 8] KEIVAN D'CHAZITINHU BACHYA - since they saw her crying
34) [line 13] GAYAS - marauding troops
35) [line 13] V'NITLEH B'YICHUR SHEL ZAYIS - and he grabbed the branch of an
olive tree
36) [line 13] U'PASHCHO - and he broke it off
37) [line 14] ARYEH, YEYASHER KOCHAHCHA - "Lion! Well done!"
38) [line 15] KEFAR SHICHIYA - Kefar Shichin, the village of Shichin
(probably near Shichin, which was near Tzipori, in the Galil)
39) [line 16] DERISHAH V'CHAKIRAH (EDUS - Court Testimony)
(a) When witnesses testify in Beis Din about a specific event in order to
convict the perpetrator, the judges interrogate each witness separately to
determine whether their testimony is reliable.
(b) Chazal learn from the verses of the Torah (Devarim 13:15; 17:4; 19:18)
that two types of questions are employed to ascertain the truth of their
testimonies: Chakiros and Derishos. There is no limit to the amount and type
of Derishos that are used. Chakiros, however, are limited to seven specific
questions (Sanhedrin 32a).
(c) The Torah requires that the following seven Chakiros be asked (even
though the answers to some of the more specific questions already answer the
more general ones). These Chakiros, which are meant to ascertain the time
and place of the event, are 1. During which seven-year Shemitah cycle of the
Yovel did the event occur? 2. During which year of the Shemitah? 3. During
which month? 4. On which day of the month? 5. On which day of the week? 6.
During which hour of the day? 7. Where did the event take place?
(d) If a witness cannot answer even one of the Chakiros, his testimony is
invalid. The reason for this is that when the witness makes it impossible to
testify against him that he was *not* in the place in question at the time
in question, we suspect that he is lying (RASHI to Pesachim 12a, and to Bava
Kama 75b DH Aval Hacha).
40) [line 22] KIVEN ES DEVARAV - and he firmly established his words
*41*) [line 22] TANA'EI HI - whether or not we interrogate witnesses that
testify to a person's death (in order to allow a woman to remarry) is
debated by the Tana'im. (It is true that the contradictory Beraisos cited
earlier *both* were quoting the ruling of Rebbi Tarfon, and in the Beraisa
the Gemara is about to bring Rebbi Tarfon himself clearly rules that we *do*
interrogate the witnesses. Nevetheless, the Gemara means to say that since
we find a Machlokes Tana'im as to whether we interrogate the witnesses or
not, it is possible that the Tana'im also argued as to what Rebbi Tarfon's
opinion was on this matter -- RITVA; see also CHESHEK SHLOMO in back of the
Vilna Shas.)
42) [line 25] SHE'LO TIN'OL DELES BIFNEI LOVIN - so as not to lock the door
to future borrowers (not to discourage creditors who may fear that they will
not get back their money on account of the excessive interrogation of
witnesses, which may lead to the disqualification of their testimony)
HADRAN ALACH HA'ISHAH BASRA U'SLIKA LAH MASECHES YEVAMOS
********TAM V'NISHLAM SHEVACH LA'KEL BOREI OLAM******
On to Kesuvos
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