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Avodah Zarah 7

AVODAH ZARAH 7 (16 Adar II) - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his father, Reb Pinchas ben Reb Avraham Yitzchak, on the day of his Yahrzeit.

1) [line 1] DEMEI TZIMRO - [the dyer must pay to the owner] the value of his wool

2a) [line 2] SHEVACH - the amount that the wool increased in value from the time that it was given to the dyer (see Insights to Bava Kama 100:2 for different opinions of the Rishonim regarding the definition of Shevach)
b) [line 2] YETZI'AH - the expenses that the dyer had to put into dying the wool in order to cause the Shevach, the increase in value (see Insights to Bava Kama 100:2 for different opinions of the Rishonim regarding the definition of Yetzi'ah)

3) [line 4] AHADRINHU RAV YOSEF L'APEI - Rav Yosef turned his face away [from Rav Huna (in anger)]

4) [line 6] YACHID V'RABIM, HALACHAH KA'RABIM - when a single sage argues with a number of sages, the Halachah follows the view of the majority

5) [line 9] MACHLOKES V'ACHAR KACH STAM, HILCHESA KI'STAM
(a) The Chachamim set down various rules to determine the Halachah when there is an argument among the Tana'im.
(b) One of these rules applies where we find a certain Halachah recorded anonymously ("Stam") in one place in the Mishnah and it is recorded with dissenting views in another place. If the Stam Mishnah is the latter of the two, it is meant to resolve the argument and show that the Halachah follows this opinion (RASHI). If the dissenting opinions are recorded after the Stam Mishnah, it does *not* prove that we rule like the Stam Mishnah. This is either because such a Stam Mishnah provides no proof that the Stam is the Halachic opinion, or else because the argument following the Stam is meant to cast doubt on the Stam Mishnah and show that the Halachah does not follow that opinion. (See below, entry #7.)

6a) [line 11] KOL HA'MESHANEH YADO AL HA'TACHTONAH - anyone (a hired worker or craftsman) who changes [from the instructions given to him by the owner of the item] has the lower hand (and the owner needs to pay him only the lesser value -- the worker's expenses, or the increase in value of the item, whichever is less)
b) [line 12] V'CHOL HA'CHOZER BO YADO AL HA'TACHTONAH - and anyone who withdraws [from the deal] has the lower hand (the Gemara in Bava Metzia 77b gives two explanations for this)

7) [line 13] EIN SEDER LA'MISHNAH, D'IKA L'MEIMAR STAM TANA B'REISHA V'ACHAR KACH MACHLOKES
(a) See above, entry #5.
(b) There is no established order in the Mishnayos ("Ein Seder la'Mishnah") with regard to two Mishnayos from different Sedarim of the Mishnah, and as such, these rules do not apply to two Mishnayos from different Sedarim. Similarly, "Ein Seder la'Mishnah" applies from one Masechta to another in the same Seder, and thus these rules do not apply to two Mishnayos from two Masechtos. (However, it appears that RASHI in Yevamos 42b rules that Stam v'Achar Kach Machlokes *does* apply to two Mishnayos from different Masechtos, but not to two Mishnayos from different Sedarim -- see RASHASH there.)

8) [line 18] KULAH NEZIKIN CHADA MASECHTA HI - (a) All of the tractates of "Nezikin" -- i.e. the three tractates of Bava Kama, Bava Metzia, and Bava Basra -- are one tractate (but they were divided into three because of the great length) (RASHI and most Rishonim); (b) All of the tractates of Seder Nezikin are considered to be one tractate (with regard to the rule of "Ein Seder la'Mishnah;" see previous entry). (RI MI'GASH beginning of Shevuos; see RAMBAN there, MAHARSHA beginning of Bava Basra; RASHASH to Yevamos 42b; YAD MALACHI #338 see YOSEF DA'AS to Bava Kama 102a)

9) [line 18] MISHUM DI'KETANI LAH GABEI HILCHESA PESIKTA - [the view of Rebbi Yehudah -- i.e. "Kol ha'Meshaneh Yado Al ha'Tachtonah" -- is accepted as the Halachah] because it is written in the Mishnah together with a Hilchesa Pesikta, a unanimously-accepted Halachah (i.e. "Kol ha'Chozer Yado Al ha'Tachtonah")

10) [line 21] HA'NIR'EH SHE'TA'AMOD IMI LA'EREV? - Do you think that you can meet me this evening (after Shabbos) [to do work for me]?

11a) [line 26] HA'NISH'AL L'CHACHAM V'TIMEI - one who asked a Chacham [a Halachic query regarding Tum'ah v'Taharah] and he answered that it is Tamei
b) [line 27] L'CHACHAM V'ASAR - [one who asked] a Chacham [a Halachic query regarding Isur v'Heter] and he answered that it is prohibited

12a) [line 30] B'CHOCHMAH - in Torah knowledge

b) [line 30] B'MINYAN - (a) in number of years [of age] (RE'AH, RA'AVAD);
(b) in number of years of learning and serving Talmidei Chachamim (RITVA);
(c) in number of students who agree with him in this ruling (RITVA, RAMBAM Hilchos Mamrim 2:2)

13a) [line 32] B'SHEL TORAH - with regard to a Torah law
b) [line 33] B'SHEL SOFRIM - with regard to a Rabbinic law

14) [line 34] V'CHULAN SHE'CHAZRU VAHEN - and in all of the [above] cases, if they returned [to their old ways, then we do not accept them] (CHAVER)
(a) A Chaver is one who is meticulous in his observance of Halachah. A person is called a Chaver if he accepts upon himself four things: 1. never to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.
(b) If an Am ha'Aretz attempted to become a Chaver, but then returned to his old ways, he becomes disqualified from becoming a Chaver forever. (See RASHI, TOSFOS, and RITVA.)

15) [line 36] B'MATMONIYOS - in seclusion
16) [last line] B'FARHESYA - in public

7b---------------------------------------7b

17) [line 3] "SHUVU, BANIM SHOVAVIM, [ERPAH MESHUVOSEICHEM...]" - "Return, O wayward sons, [and I will heal your waywardness...]" (Yirmeyahu 3:22)

18) [line 25] NISHTAKE'A HA'DAVAR V'LO NE'EMAR - the matter is "sunken" (covered, unrevealed) and was never said

19) [line 27] MOCHRIN LAHEN SUS ZACHAR ZAKEN B'MILCHAMAH - it is permitted to sell to them (to Nochrim) an old, male horse during a time of war (MECHIRAS BEHEMAH GASAH L'OVED KOCHAVIM)
(a) The Chachamim decreed not to sell a beast of burden to a Nochri. The reason for this prohibition is that if one could sell his animal to a Nochri, he may be tempted to lend or rent his animal to the Nochri, who would then work with a Jew's animal on Shabbos. This is prohibited, as the verse states, "Lo Sa'aseh Chol Melachah...u'Vehemtecha." - "Do not do any work [on Shabbos]...[nor] your animals" (Shemos 20:10).
(b) Another reason given for this decree is that the Jew might start the sale a few minutes before the start of Shabbos and call to the loaded animal on Shabbos to show the Nochri how well it works. By doing so he would transgress the prohibition of Mechamer on Shabbos (Avodah Zarah 15a).
(c) The Chachamim did not apply this prohibition in the case of selling an old, male horse to a Nochri. Such a sale is not beneficial to the Nochri, and it is very uncommon, and the Chachamim did not enact decrees for unusual situations (RASHI).

20) [line 29] MAFLIG - differentiates
21) [line 30] HA'SHEVES MIS'ASER ZERA V'YEREK V'ZIRIN - one separates Ma'aser (see Background to Sanhedrin 88:22) from dill (O.F. aneid) [whether he let the plant grow until it grew] seeds, [or from] the tender plant [itself] and [from] the seed-pods (O.F. tudels)

22) [line 33] BED'GANUNISA - [that which grows] in a vegetable garden (as opposed to in a field)

23) [line 33] GAVRA RABA ASA ME'ASRIN - a great man has come from our place (from Madai, i.e. Nachum ha'Madi)

24) [line 36] BAR MINAH DEHA'HI D'TALYA B'ASHLEI RAVREVEI - except for that case, for it relies on [the ruling of] great Chachamim (lit. it hangs on strong ropes) great Chachamim said it (that we do not worry about the degradation of Beis Din)

25) [line 37] "TEFILAH L'ANI CHI YA'ATOF V'LIFNEI HASH-M YISHPOCH SICHO." - "A prayer of the poor man, when he enwraps himself, and before HaSh-m he pours forth his speech (prayer)." (Tehilim 102:1)

26) [line 38] "VA'YETZEI YITZCHAK LA'SU'ACH BA'SADEH" - "And Yitzchak went out to pray in the field" (Bereishis 24:63)

27) [line 39] "ESHPOCH L'FANAV SICHI, TZARASI L'FANAV AGID." - "I shall pour out before Him my prayer, my distress before Him I shall relate." (Tehilim 142:3)

28) [line 45] "ATAH HACHILOSA L'HAR'OS ES AVDECHA [ES GADLECHA...]" - "You have begun to show to Your servant [Your greatness...]" (Devarim

3:24)

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