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Avodah Zarah 64
AVODAH ZARAH 64 (14 Iyar) - this Daf has been dedicated by Hagaon Rav Yosef
Pearlman of London, England, l'Iluy Nishmas ha'Rabbani Reb Rephael David ben
Yosef Yitzchak Pearlman, whose passed away on Pesach Sheni (14 Iyar) 5758.
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1) [line 2] HA'MEKAYEIM B'CHIL'AYIM LOKEH - one who maintains Kil'ayim (see
Background to Avodah Zarah 63:22) in his field receives lashes.
"Maintaining" is explained as: (a) building a fence or planting a hedge
around them to protect them (RASHI here DH Afilu l'Rebbi Akiva); (b) not
uprooting them (RASHI to Moed Katan 2b, ARUCH cited by TOSFOS here); (c)
working the land and causing the plants of Kil'ayim to grow better (RABEINU
CHANANEL to Moed Katan 2b)
2) [line 3] HA'MENAKESH - one who removes weeds from between plants
3) [line 3] HA'MECHAPEH - one who covers [the seeds of different species]
4) [line 5] "[ES CHUKOSAI TISHMORU, BEHEMTECHA LO SARBI'A KIL'AYIM,] SADCHA
LO SIZRA KIL'AYIM; [U'VEGED KIL'AYIM SHA'ATNEZ LO YA'ALEH ALECHA.]" - "[You
shall keep my statutes. You shall not let your cattle breed with a different
species;] you shall not sow your field with mixed seed; [nor shall a garment
mixed of linen and woolen come upon you.]" (Vayikra 19:19)
5) [line 6] TALMUD LOMAR "LO KIL'AYIM" - that is, the Gemara learns that
Mekayem is prohibited from the words "Kil'ayim Sadcha Lo" of the verse,
using the word Kil'ayim of Kil'ei Vehemah for the extra prohibition of
Kil'ei Zera'im
6) [line 10] LITEN LAHEM MATNAS CHINAM ASUR - to give them a present is
prohibited (LO SECHANEM)
It is forbidden to have mercy on idolaters, as the verse states, "[...
Hacharem Tacharim Osam, Lo Sichros Lahem Beris] v'Lo Sechanem." - "[And when
HaSh-m, your Elokim, shall deliver them (the intractable idolaters) before
you; you shall strike them, and completely destroy them; you shall make no
covenant with them,] nor show mercy to them." (Devarim 7:2). The Torah warns
the Jews to distance themselves from idolaters so that they do not learn
from their wicked ways. The Gemara (Avodah Zarah 20b) learns from this verse
many ways in which we must distance ourselves from idolaters.
7) [line 16] V'SU LO MIDI - and there is nothing more to be said; the
challenge of the Gemara, that the Beraisa of "Ein Odrin" follows only the
opinion of the Rabanan and not also that of Rebbi Akiva, is refuted
8) [line 25] YISRAEL SHE'HAYAH NOSHEH B'OVED KOCHAVIM MANEH - a Jew who
demands repayment of a loan of a Maneh (100 Zuz) from a Nochri
9) [line 26] U'MACHAR AVODAS KOCHAVIM V'HEVI LO; YAYIN NESECH V'HEVI LO -
and he (the Nochri) sold an idol and brought him (the Yisrael) [the money;
or he sold] Yayin Nesech and he brought him [the money]
10) [line 28] HAMTEN LI - wait for me
11) [line 38] HA'MISCHALEKES LEFI SHEVAREHA - that can be apportioned
according to its shards, i.e. even if the idol is breaks into pieces, they
can divide the pieces of metal between them. As such, the Ger is not Rotzeh
b'Kiyumo.
12) [line 39] B'CHERES HADREYANI - a vessel made of "Hadrian's earthenware"
(see Daf 29b, 32a), which is so saturated with wine that we considered it
wine (and this is the case of Yayin Nesech to which the Mishnah refers). It
is useful even if it breaks (and breaking it is actually its manner of use),
and as such, the Ger is not Rotzeh b'Kiyumo.
13) [line 39] VA'HALO ROTZEH B'KIYUMO SHE'LO YIGNOVU V'SHE'LO YOVDU - but he
is Rotzeh b'Kiyumo with regard to hoping that it does not get stolen or lost
64b---------------------------------------64b
14) [line 1] NISHTATFU - they entered into a partnership
15) [line 2] GER TOSHAV
The Gemara quotes three opinions regarding who is a Ger Toshav. Rebbi Meir
maintains that a Ger Toshav is a Nochri who accepts upon himself, in front
of three "Chaverim" (Talmidei Chachamim), not to worship idols. The
Chachamim say that a Ger Toshav is a Nochri who accepts upon himself to
observe the seven Mitzvos of Benei Noach (see below, entry #20). Acherim
maintain that the above opinions are incorrect, and that a Ger Toshav is a
Nochri who accepts all of the Mitzvos except for not eating Neveilos
(animals that were not slaughtered properly). See Insights to the Daf and
Audio Shi'ur to Avodah Zarah 64: Ger Toshav.
16) [line 4] KOL D'VAR MINEI MAVTIL - everyone who is of his type (i.e. of
the type of a Nochri, who is able to nullify Avodah Zarah -- see Background
to Avodah Zarah 52:6) may nullify [Avodah Zarah]
17) [line 19] PE'OR - the name of an idol of Moav, worshipped by defecation
and highly immoral practices (RAMBAM Hilchos Avodas Kochavim 3:2)
18) [line 19] MARKULIS - the Roman God Mercury, identified with the Norse
god Wodin, worshipped by throwing stones at the Markulis Gadol or removing
stones from in front of it (Rambam ibid.). The Markulis Gadol was a
structure of three stones, two set next to each other and the third on top
of the first two. (But see Audio Shiur to Avodah Zarah 50: Archeology and
Avodah Zarah for differing opinions.)
19) [line 22] CHAVERIM - Torah sages
20) [line 23] SHEVA MITZVOS SHE'KIBLU ALEIHEM BENEI NO'ACH
(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.)
21) [line 26] NEVEILOS (ISUR ACHILAS NEVEILAH)
A Neveilah is a carcass of a Kosher animal that died without a Halachic
slaughtering (or that was slaughtered improperly). The Torah states, "You
shall not eat anything that dies by itself (Neveilah). You shall give it to
the stranger who is in your gates, that he may eat it, or you may sell it to
a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim
14:21). A person who eats a k'Zayis of Neveilah is liable to Malkus (RAMBAM
Hilchos Ma'achalos Asuros 4:1) and a k'Zayis or more of a Neveilah makes a
person or an object Tamei through Maga (contact). It is Metamei a Keli
Cheres (an earthenware utensil) if it enters the utensil's interior and is
Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to
be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos
ha'Tum'ah 1:1).
22a) [line 28] MEYACHADIN - a Jew can leave him (the Ger Toshav) in his
store to watch his wine even if he travels a distance of more than a Mil
before he returns, and even if he lets him know that he will be away for
this time. (A Jew cannot appoint a Nochri to watch his wine in this manner
unless he travels less than a Mil and does not let him know -- see Mishnah
Daf 69a)
b) [line 28] MAFKIDIN - to give him wine to watch in his own house
23) [line 32] YEINO K'SHAMNO (SHEMEN OVED KOCHAVIM)
The Mishnah (Daf 35b) records that it is prohibited for Jews to use the oil
of the Nochrim but it is not prohibited to benefit from it. Rav, cited by
the Gemara (Daf 35b-36a), rules that Daniel is responsible for the
prohibition [of Nochri oil within the cities. Oil sold by Nochrim while
traveling (lit. "in the fields") was only prohibited later, among the "18
Devarim" -- see Mishnah and Gemara Shabbos 13b-17b.] Shmuel (ibid.) rules
that the reason for the prohibition is that the oil of Nochrim was stored in
containers that held prohibited foods that flow into the oil. The Beis Din
of Rebbi Yehudah Nesi'ah (a grandson of Rebbi) lifted the prohibition
against using oil of a Nochri when they found that the prohibition had not
spread among all of the Jews. They employed the ruling of Raban Shimon ben
Gamliel and Rebbi Elazar bar Tzadok, who said, "We do not decree edicts on
the public unless most of the public can uphold them" (Avodah Zarah 36a).
24) [line 37] LITEN RESHUS UL'VATEL RESHUS - to give (i.e. transfer) one's
domain (before Shabbos) and to nullify one's domain (on Shabbos) (ERUV
CHATZEIROS: BITUL RESHUS)
(a) THE TORAH LAW - According to Torah law, in a courtyard (Chatzer) that
has in it houses owned by different people, all of the neighbors may
transfer objects from their houses to the courtyard and into other houses on
Shabbos. Even though each house is a separately owned Reshus ha'Yachid and
the Chatzer is a jointly owned Reshus ha'Yachid, it is permissible to move
objects from one Reshus ha'Yachid to another.
(b) ERUV CHATZEIROS AND SHITUFEI MAVO'OS - King Shlomo decreed that
transferring objects from one Reshus ha'Yachid to another is forbidden
unless an *Eruv Chatzeiros* (lit. a "mixing of the courtyard," Rambam
Hilchos Eruvin 1:6; or a "fraternization of the courtyard," Eruvin 49a) is
created on Friday, before Shabbos begins (Shabbos 14b, Eruvin 21b). The
equivalent of an Eruv Chatzeiros for an alley or a city is called a *Shituf
Mavo'os*. This is accomplished by all of the neighbors collectively setting
aside a loaf of bread, in one common container, in one of the houses of the
courtyard (or, in the case of Shituf, in one of the courtyards of the
alleyway). This shows that all neighbors have an equal share in all of the
Reshuyos ha'Yachid, just as they all have a share in that bread. Through
this act, they can be considered one Reshus again. (RAMBAM ibid. 1:4-9)
(c) BITUL RESHUYOS - In the event that the inhabitants of a courtyard did
not set an Eruv Chatzeiros before Shabbos, or the Eruv became invalidated in
some way, carrying may still be permitted if *Bitul Reshuyos* is done. This
is accomplished as follows: If none of the people in the courtyard made an
Eruv, all of the inhabitants of the courtyard may nullify their domains in
favor of one of the inhabitants. All of the houses/courtyards in the area
are considered the private domain of the person chosen. If some of those in
the courtyard made an Eruv together, those who did not may nullify their
domains in favor of the collective domain of those who made an Eruv. A
person who publicly desecrates Shabbos has the status of a Mumar such that
he cannot Mevatel his Reshus without making a legally binding transfer of
property or rental.
(d) Bitul Reshuyos may be done as long as the following conditions are met:
1. The nullification is done in favor of a *single* person or a collective
party that made an Eruv together; 2. Those who nullified their domains do
not transfer objects from their houses to the courtyard or vice versa. Bitul
Reshuyos only permits carrying in the courtyard and from the courtyard to
the house of the person (or people) chosen. (If only one person was chosen,
only he is permitted to carry from his house to the courtyard. If a number
of people who made an Eruv together are chosen, then *all* residents of the
courtyard may carry from the houses of those who were chosen to the
courtyard -- Eruvin 69b.) According to some Tana'im, the ones in whose favor
the Bitul was done may carry from the house/s of the Mevatel to the
courtyard as well (Eruvin 26b). If one of the homeowners who nullified his
domain transfers from his house to the courtyard or vice versa, not only has
he transgressed a prohibition, but he has repealed his nullification. It
becomes once again prohibited to carry in the courtyard. (Eruvin 26a and
RASHI ibid. DH Anshei Chatzer)
25) [line 38] YISRAEL MUMAR - a Jewish apostate, a person who does not keep
the laws of the Torah
26) [line 38] MESHAMER SHABATO BA'SHUK - he keeps the laws of Shabbos in
public (lit. in the marketplace)
27) [last line] EIN TZARICH LIZKOS - he does not need to make a Kinyan, a
formally binding act of acquisition
28) [last line] SHADAR LEI KURBENA / KORBENA - he sent him a tribute
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