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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Avodah Zarah 36
AVODAH ZARAH 36 - Mr. and Mrs. David and Gerti Kornfeld have dedicated this
Daf in honor of the Bat Mitzvah of Eliana Chana Farber of Raanana, Israel --
Mazal Tov to her and to her parents, Steve and Lynn Farber! May Eliana be
blessed with the strength and determination to follow her illustrious
grandmother, Mrs. Esther Farber, in her dedication to Torah and Yiddishkeit.
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1) OIL OF NOCHRIM
(a) (Mishnah): Their oil.
(b) (Rav): Daniel decreed against their oil.
(c) (Shmuel): It was forbidden because it is put in the
Nochri's Tamei vessels.
(d) Objection: People are allowed to eat Tamei food!
(e) Correction: Rather, it was forbidden because it absorbs
forbidden taste from the Nochri's vessels.
(f) Question (Shmuel): R. Simla'i taught that R. Yehudah
(Nesi'ah) and his Beis Din voted and permitted it,
because Nosen Ta'am li'Fgam (if forbidden food or taste
was mixed with permitted food and detracts from the
taste, the mixture) is permitted;
1. We understand according to me, for the prohibition
was on account of forbidden absorption;
2. According to you (Rav), how could Rebbi permit what
Daniel forbade?
i. (Mishnah): A Beis Din cannot nullify the
enactment of another Beis Din, unless it is
bigger in Chachmah and number (Rambam - of
Chachamim that agree to nullify it; Ra'avad (on
Idiyos) - and age).
(g) Answer (Rav): Do not ask questions from R. Simla'i of
Lud, people there do not respect mid'Rabanan laws (Rebbi
did not permit it).
1. Shmuel: We can send to Rebbi to ask!
2. Rav was embarrassed.
(h) Rav: Perhaps Rebbi did not expound the verse, but I will!
"Va'Yasem Daniel Al Libo Asher Lo Yisga'al...uv'Yein
Mishtav (plural)" - this refers to two liquids, wine and
oil.
1. Rav understands, he put the matter to his heart, and
made a ruling for all of Yisrael;
2. Shmuel understands, he put the matter to his heart,
he did not rule for all of Yisrael.
(i) Question: Did Daniel really decree about oil?!
1. (Beili citing Rav): The prohibitions of Nochri
bread, oil, wine and (intermarriage with Nochri)
girls are among the 18 decrees (made on the day of
heated fighting between Beis Shamai and Beis
Hillel).
2. Suggestion: Perhaps Daniel decreed, and it was not
accepted; they (Beis Shamai and Beis Hillel)
decreed, and it was accepted!
3. Rejection: Rav would not say that Daniel decreed
about oil if it was not accepted.
(j) Answer: Rather, Daniel decreed against eating their oil
in the city, they decreed even in the field.
(k) Question #1: How could Rebbi permit what Beis Shamai and
Beis Hillel forbade?
1. (Mishnah): A Beis Din cannot nullify the enactment
of another Beis Din, unless it is bigger in Chachmah
and number.
(l) Question #2 (Rabah bar bar Chanah): A (greater) Beis Din
can always nullify the decree of another Beis Din, except
for the 18 decrees, even Eliyahu and his Beis Din cannot
nullify them.
(m) Version #1 - Answer (to both questions - Rav
Mesharshiya): The stringency of the 18 decrees (and the
requirement for the Beis Din that nullifies to be greater
than the Beis Din that decreed) only applies if the
decree spread through most of Yisrael - the decree
against oil did not spread.
1. Version #2 (Rav Mesharshiya): The 18 decrees are
more stringent because they spread through most of
Yisrael.
(n) Answer (to both questions): The decree against oil did
not spread. (End of Version #2)
1. (R. Shmuel bar Aba): Chachamim checked and found that
the decree against oil did not spread through most
of Yisrael;
2. Chachamim (that permitted oil) relied on R. Shimon
ben Gamliel and R. Eliezer, who say that we only
make a decree if the majority of Yisrael can fulfill
it.
3. (Rav Ada bar Ahavah): "Ba'Me'erah Atem
Ne'arim...ha'Goy Kulo" - if the entire nation can
fulfill the decree, it is a proper decree; if not,
not.
36b---------------------------------------36b
2) THE DECREE AGAINST NOCHRI WOMEN
(a) (Beili citing Rav): The prohibitions of Nochri bread,
oil, wine and girls are among the 18 decrees.
(b) Question: What was the decree about Nochriyos?
(c) Answer #1 (Rav Nachman bar Yitzchak): They decreed that
every Nochris is Tamei (mid'Rabanan) like a Nidah from
the day of her birth.
(d) Answer #2 (Geneiva): All the decrees are on account of
idolatry;
1. (Rav Acha bar Ada): Nochri bread was forbidden on
account of their oil...
2. Interjection: Why is their oil more stringent than
their bread?!
3. Correction: Rather, their bread and oil were
forbidden on account of their wine; their wine was
on account of their daughters; their daughters were
on account of another matter (idolatry); another
matter was on account of another matter (this will
be explained later).
(e) Question: Their daughters are forbidden mid'Oraisa -
"V'Lo Sischaten Bam (Bitecha Lo Siten li'Vno u'Vito Lo
Sikach li'Vnecha)"!
(f) Answer #1: Mid'Oraisa, only the seven Kana'ani Umos are
forbidden; they (Beis Shamai and Beis Hillel) decreed
against all other Nochrim.
(g) Question: According to R. Shimon, "Ki Yasir Es Bincha
me'Acharai" includes all Nochrim (all would sway a
Yisrael away from Hash-m) - how can we answer?
(h) Answer #2: Mid'Oraisa, it is only forbidden to live with
a Nochris as one lives with a wife; they decreed against
extramarital relations.
(i) Question: The Beis Din of Shem already decreed against
extramarital relations between Yisraelim and Nochrim -
"Hotzi'uha v'Sisaref" (Yehudah was about to kill Tamar
for such relations)!
(j) Answer: The Torah addresses (hints at Shem's decree
against) extramarital relations between a Yisraelis and
Nochri, for she will be drawn after him; they decreed
against extramarital relations between a Yisrael and a
Nochris.
(k) Question: A tradition from Moshe from Sinai forbids
relations between a Yisrael and a Nochris!
1. A Yisrael that has relations with a Nochris, zealots
are permitted to kill him during the act.
(l) Answer: That is only if they have relations publicly;
like when Pinchas killed Zimri; they decreed even against
relations in private.
(m) Question: The Beis Din of Chashmona'im already decreed
against such relations in private!
1. (Rav Dimi): Beis Din of Chashmona'im decreed that a
Yisraelim that has relations with a Nochris is
liable on four counts, as if he had relations with a
Nidah, slave, Nochris (in the way of marriage) and a
married woman.
2. (Ravin): They decreed, he is liable as if he had
relations with a Nidah, slave, Nochris (in the way
of marriage) and (if he is a Kohen) Zonah.
(n) Answer: The Beis Din of Chashmona'im decreed against
relations; Beis Shamai and Beis Hillel decreed against
seclusion.
(o) Question: David's Beis Din decreed against seclusion!
1. (Rav Yehudah): After Amnon raped Tamar, they decreed
against seclusion.
(p) Answer: David's Beis Din decreed against seclusion with a
Yisraelis, Beis Shamai and Beis Hillel decreed against
seclusion with a Nochris.
(q) Question: Seclusion is forbidden mid'Oraisa!
1. (R. Yochanan) Question: "Ki Yesisecha Achicha Ven
Imecha" - do maternal brothers entice, but not
paternal brothers?!
2. Answer (R. Yochanan): Rather, this hints that a man
may be secluded with his mother, not with other
Arayos.
(r) Answer: Mid'Oraisa, seclusion with a married woman is
forbidden; David's Beis Din decreed against seclusion
with a single girl, Beis Shamai and Beis Hillel decreed
against seclusion with a Nochris.
3) THE DECREE AGAINST BOYS
(a) Question: What did Beili refer to by 'another matter on
account of another matter'?
(b) Answer (Rav Nachman bar Yitzchak): They decreed that
Nochri boys are Tamei like Zavim, so Yisrael boys will
not regularly be with them, lest they come to
homosexuality.
1. (R. Zeira): I had to ask Rav Asi many times before
he could tell me from what age Nochri boys are
considered Zavim (and he asked R. Yochanan many
times, who asked R. Yanai, who asked R. Noson ben
Amram, who asked Rebbi); he told me, form birth.
2. R. Chiya: They are Tamei after nine years old (i.e.
nine years and one day).
3. Rebbi: R. Chiya is correct, for that is when he is
capable of having relations.
(c) (Ravina): Likewise, a Nochris is considered a Zavah after
three years old, for then she is capable of having
relations (unlike Rav Nachman bar Yitzchak, who said from
birth.)
(d) Objection: This is obvious!
(e) Answer: One might have thought, we decree about a boy of
nine, for he knows to seduce, but a girl of three does
not know to seduce, we need not decree (until she is
older) - Ravina teaches, this is not so.
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