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Avodah Zarah 46
1) [line 5] "[V'LO SAVI SO'EVAH EL BEISECHA, V'HAYISAH CHEREM KAMOHU;]
SHAKETZ TESHAKTZENU V'SA'EV TESA'AVENU, KI CHEREM HU." - "[You shall not
bring an abomination (an item of Avodah Zarah) into your house, lest you
will become shunned like it, rather,] you shall utterly detest it, and
loathe it; for it is a cursed thing." (Devarim 7:26)
2) [line 7] BEIS GALYA, BEIS KARYA - (a) the *lofty* (lit. revealed) house
[shall be called] the *lowly* house (lit. dugout) (RASHI, ARUCH, 1st
explanation); alt. the outhouse (where a hole for refuse is dug) (RASHI to
Temurah 28b); According to the Girsa *BEIS KALYA*: (b) the house of
*happiness* (from the word "Gil") [shall be called] the house that should be
*destroyed* (ARUCH, 2nd explanation); (c) the *famous* (lit. revealed) house
[should be called] the *prison* (ARUCH, 3rd explanation)
3) [line 7] EIN KOL, EIN KOTZ - the [house that is the] eye for all
[people], [shall be called] the thorn in the eye
4) [line 10] OVDEIHEN B'SAYIF (BENEI NOACH: AVODAH ZARAH: SAYIF)
(a) People other than Jews are often referred to as Benei Noach (since all
of mankind is descended from Noach). Mankind was commanded to keep seven
Mitzvos from the time of Adam ha'Rishon and Noach, before the Jewish nation
existed. Although the Mitzvos of the Torah superceded these Seven Mitzvos
for the Jewish nation, these Mitzvos remain binding to Benei Noach today.
(b) The seven Mitzvos are:
1. Avodah Zarah, not to worship idols.
2. Birkas (i.e. Kilelas) HaSh-m, not to curse HaSh-m.
3. Shefichus Damim, not to murder.
4. Giluy Arayos, not to engage in illicit or incestuous relationships.
(Besides adultery, the Gemara (Sanhedrin 57b-58b) discusses which relatives
a Ben Noach is prohibited to marry.)
5. Gezel, stealing.
6. Ever Min ha'Chai, not to eat a limb that is detached from an animal when
it is alive (see Background to Sanhedrin 56:27).
7. Dinim, enacting courts and appointing judges to keep law and order.
(c) All of these are general commandments with many details. Transgressing
any one of them is considered such a breach in the natural order that the
offender incurs the death penalty. Chazal termed this as, "Ben Noach -
Azharaso Zo Hi Misaso" - "Any act prohibited to a Ben Noach invokes the
death sentence." The death sentence for a Ben Noach is Sayif, death by the
sword (RAMBAM Hilchos Melachim 9:14).
(d) (For a further discussion of the laws of Benei Noach, see Background to
Avodah Zarah 2:43c:d-f.)
5a) [line 11] ZERA'IM - grains
b) [line 11] YERAKOS - vegetables
6) [line 18] NIDALDELU - that became detached
7) [line 18] BENEI REBBI CHIYA - [Yehudah and Chizkiyah,] the sons of Rebbi
Chiya
8) [line 22] BEHEMAH TOCHI'ACH - let the law that applies to an animal that
was worshiped as Avodah Zarah be a proof (since an animal is not Mechubar)
(HA'MISHTACHAVEH LI'VEHEMAH)
Normally, when one makes an object into an idol, that idol becomes Asur
b'Hana'ah (forbidden to derive benefit from it). (One may not derive benefit
from an idol, Devarim 7:26); an animal, however, cannot become Asur
b'Hana'ah as a result of being worshipped (Temurah 29a).)
9) [line 24] CHAZAR HA'DIN; LO RE'I ZEH KI'RE'I ZEH... HA'TZAD HA'SHAVEH
SHE'BAHEN (TZAD HA'SHAVEH)
(a) The method of learning that is being used by our Gemara is called a
comparison, or "Meh Matzinu" - "What we have found [in one subject, applies
to another subject, also.]" Among the rules of this method is the rule of a
"Pirchah" (a question), where even a slight difference between the subjects
causes the comparison to collapse, and no connection may be made.
(b) If a Pirchah is asked, the Gemara will bring a "Yochi'ach" or
"Tochi'ach" (fem.) (a proof), where another subject, which fulfills the
requirements of the Pirchah, is used to rebuild the comparison. A second
Pirchah usually follows, where the Yochi'ach subject is brought into
question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i
Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice
versa), but the Tzad ha'Shaveh (common denominator) may be used to connect
the Halachos of the two subjects, and we may learn a new Halachah from them.
The common denominator may also be brought into question, which inhibits
learning the new Halachah from the two subjects.
10) [line 28] LO NISHTANU MI'BERIYASAN - they have not changed from their
original forms
11) [line 32] TISTAYEIM - you may correctly conclude as follows
12) [line 39] AVODAS KOCHAVIM SHEL YISRAEL - an idol set up by a Jew with
intention to bow down to it (AVODAH ZARAH)
(a) Avodah Zarah is the term for a Pesel (an idol or graven image) or
anything such as the sun or the moon, or even a person, which people
mistakenly believe is an independent power with G-d-like attributes, which
they worship and to which they pray. It is prohibited to do even the most
minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah
is one of the three cardinal sins about which we are commanded, "Yehareg
v'Al Ya'avor" - "One should be killed rather than transgress." (The other
two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But
see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)
(b) The prohibition against serving Avodah Zarah is one of the Ten
Commandments, "Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha
Fesel v'Chol Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall
not possess any foreign gods, ever (lit. in my presence). You shall neither
make for yourself a graven image nor any likeness of that which is in the
heavens above or on the earth below or in the water beneath the earth. You
shall not prostrate yourself to them nor worship them for I am HaSh-m, your
G-d..." (Shemos 20:3-5).
(c) A person who serves Avodah Zarah b'Mezid (intentionally) is liable to
the Kares punishment. If he received the proper warning and witnesses saw
his action, he is liable to Sekilah (stoning). A person who worships Avodah
Zarah b'Shogeg (unintentionally) is liable to offer a Korban Chatas (RAMBAM
Hilchos Avodas Kochavim 3:1). A person who makes an idol or other Avodah
Zarah, even for a Nochri, is liable to Malkus (lashes) (Rambam ibid. 3:9).
Any adult Nochri can annul an idol made for or served by a Nochri (Avodah
Zarah 43a), while an idol made for or served by a Yisrael can never be
annulled.
(d) Many rites were invented for specific forms of Avodah Zarah. If a person
serves an Avodah Zarah with a rite specific to it, he is Chayav as above,
(c). If one serves an Avodah Zarah with a rite that was intended for another
Avodah Zarah, he is exempt from punishment. However, the verses show that a
person who performs the services of Zibu'ach (sacrificing an animal), Kitur
(burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing
down) is Chayav, whether it is specific to the Avodah Zarah or not
(Sanhedrin 60b, see Rambam ibid. 3:3). The prohibition against Avodah Zarah
is included in the seven Mitzvos Benei Noach, the seven commandments in
which all of humanity is obligated (see above, entry #25).
13) [line 42] SHE'ZAKAF LEVEINAH - who stood up a brick [with intention to
bow down to it]
14) [last line] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9
) quotes and discusses various explanations for the word Teiku:
- It is sealed in its container ("Tik") (ARUCH, Erech Tik).
- Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
- Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
46b---------------------------------------46b
15) [line 1] NE'EVAD - [an object that becomes prohibited for use by being]
worshipped as an idol
16) [line 3] MACHSHIREI KORBAN - items that enable a Korban to be brought
(such as the Mizbe'ach)
17) [line 4] ESNAN (ESNAN ZONAH)
An Esnan is an item given to a harlot for her wage, which may not be brought
as a Korban (sacrifice), as stated in Devarim 23:19. For example, if a
person gives a sheep to a harlot as her wage, she, or anyone else, may not
designate that sheep as a Korban.
18) [line 5] "LO SAVI ESNAN ZONAH U'MECHIR KELEV [BEIS HASH-M EL-KECHA,
L'CHOL NEDER; KI TO'AVAS HASH-M GAM SHENEIHEM.]" - "You shall not bring the
wage of a harlot, or the price of a dog, [into the house of HaSh-m your G-d,
for any vow; for both of these are an abomination to HaSh-m.]" (Devarim
23:19)
19) [line 16] PARAH (PARAH ADUMAH)
(a) The Parah Adumah, an exclusively red-haired female cow, is burned on Har
ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei
Mes. Only a cow that has not had a yoke placed upon it and has had no other
work done with it is fit to be used as a Parah Adumah. A place is prepared
for its slaughter on Har ha'Zeisim (but not in the Beis ha'Mikdash itself,
as the Beraisa here teaches), opposite the gate to the Azarah (the courtyard
of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in
the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov
branches and a piece of crimson wool are thrown into the carcass of the cow
while it is burning (Bamidbar 19:1-22).
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or
being in the same room as a Mes or something that is Metamei b'Ohel, he must
wait seven days to become Tahor. On the third and seventh days he must have
spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled
on him. A person who is Tahor dips three Ezov branches that have been bound
together into the mixture, and sprinkles them on the person who is Tamei. On
the seventh day, he immerses in a Mikvah after the mixture is sprinkled on
him in order to complete his Taharah (Bamidbar 19:17-19).
20) [line 16] SHE'EINAH BA'AH LA'BAYIS - which is not brought into the Beis
ha'Mikdash (and, therefore, an Esnan is permitted to be used for a Parah
Adumah)
21) [line 18] RIKU'IM - flattened sheets of gold that were used to cover the
walls and floor of the Kodesh ha'Kodashim
22) [line 19] KULA V'CHUMRA, L'CHUMRA PARCHINAN (KAL VA'CHOMER)
(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 called a Kal va'Chomer
(an argument a fortiori, also known as "Din" in the language of the Gemara),
by which a Halachic inference is made from a Halachah of lesser consequence
to a Halachah of greater consequence, or vice versa.
(b) Unlike a Gezeirah Shavah (see Background to Sanhedrin 87:5), the Kal
va'Chomer inference need not be received as a tradition from one's teacher,
since it is based upon logic. And unlike a Hekesh (see Background to Shevuos
10:5), it can be refuted based on logical grounds.
(c) When a Kal va'Chomer argument can be used to teach either a leniency or
a stringency, we use the Kal va'Chomer to teach a stringency (see Rashi for
the use of the term "Parchinan" (lit. "we ask") in the context of the
application of a Kal v'Chomer).
23) [line 21] HAZA'AH D'PESACH - Haza'ah for the sake of becoming Tahor in
order to fulfill the Mitzvah of offering and eating the Korban Pesach.
(a) If a person became Tamei (see above, entry #19:b), he must wait seven
days to become Tahor. On the third and seventh days he must have spring
water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on
him. A person who is Tahor dips three Ezov branches that have been bound
together into the mixture, and sprinkles them on the person who is Tamei. On
the seventh day, he immerses in a Mikvah after the mixture is sprinkled on
him in order to complete his Taharah.
(b) The process of Haza'ah, under normal circumstances, is not performed on
Shabbos; the Rabanan prohibited it because it is a form of Tikun (see
Beitzah 17b). However, when the seventh day of a person's Taharah occurs on
Shabbos Erev Pesach (Shabbos which is also the day before Pesach), if
Haza'ah is not done to him he will not be able to fulfill the Mitzvah of
Korban Pesach. Rebbi Eliezer and Rebbi Akiva argue whether or not it is
permitted to perform Haza'ah on Shabbos in such a situation (see Insights to
Pesachim 66:1).
24a) [line 22] REBBI ELIEZER SAVAR L'CHUMRA - Rebbi Eliezer applies the Kal
va'Chomer to teach a stringency
b) [line 23] V'KA MECHAYEIV LEI L'GAVRA - and he obligates the person [to
perform the procedure of Haza'ah on Shabbos in order to be obligated to
bring the Korban Pesach]
25a) [line 25] SHE'HI MISHUM SHEVUS - which is [prohibited on Shabbos]
because of Shevus
Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah
states, "uva'Yom ha'Shevi'i Tishbos" ("and you shall rest on the seventh
day") (Shemos 23:12). The Rabanan learn that this applies even to actions
that are not Melachos, and as a result they prohibited actions that were
permitted mid'Oraisa (see Shabbos 114b).
b) [line 26] EINAH DOCHAH HA'SHABBOS - it (Haza'ah) does not override the
Shabbos (when the person's seventh day of Taharah occurs on Shabbos which is
also Erev Pesach, as described above in entry #23:b)
26) [line 27] REBBI ELIEZER GAMREI - Rebbi Eliezer had initially learned it
(that Haza'ah is *not* done on Shabbos, even on Erev Pesach)
27) [line 28] V'AYAKAR LEI TALMUDEI - but he forgot his learning
28) [line 28] V'ASA REBBI AKIVA L'ADKUREI - and Rebbi Akiva came to help him
remember it
29) [line 29] REBBI! AL TACHPIRENI BI'SHE'AS HA'DIN - My teacher! Do not
deny [what you originally taught] me at the time that we are debating the
Halachah! (Rather, remember what you originally taught me.)
30) [line 32] KAMAS CHITIM - standing grain of wheat
31) [line 32] MENACHOS - flour offerings (see Background to Shevuos 11:5)
32) [line 33] YESH SHINUY B'NE'EVAD - is there a concept of "Shinuy" with
regard to an object that was worshipped as an idol?
A "Shinuy" refers to a significant transformation effected in an object that
alters its original form (such as transforming wheat into flour). Such a
change effects the Halachah of the object in certain cases (see Background
to Bava Basra 44:1).
33) [line 35] KOL HA'ASURIN L'GABEI MIZBE'ACH, VELADOSEIHEN MUTARIM - any
animal that is forbidden to be offered as a Korban upon the Mizbe'ach (for
example, an animal that was worshipped as an Avodah Zarah), its offspring is
permitted
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