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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bechoros 30
1) ONE WHO IS SUSPECTED
(a) A certain butcher was suspected of selling forbidden
Chelev of the kidney and saying that it is permitted
Chelev; Rava fined him, and forbade him to sell even
nuts.
(b) Rav Papa: Your fine is according to R. Yehudah - if so,
you should forbid even water and salt!
(c) Rava: No, it is according to R. Shimon, the fine applies
only to the Isur;
1. Children crave nuts, Reuven gives nuts to butchers'
children, in exchange for which they bring to him
forbidden Chelev (which their fathers had little use
for anyway), and he would sell it.
(d) (Mishnah): One who is suspected about Shemitah is not
suspected about Ma'aser [Sheni]; (Tosfos - to sell it and
say that it is Chulin; Rashi - to sell Tevel without
separating Ma'aser).
(e) One who is suspected about Ma'aser is not suspected about
Shemitah;
(f) One who is suspected about either of these is suspected
about Taharos (not to eat Chulin b'Taharah);
(g) Someone can be suspected about Taharos but not about
either of these.
(h) The general rule is - one who is suspected about a matter
cannot judge it nor testify about it.
(i) (Gemara) Question: Why is someone suspected about
Shemitah not suspected about Ma'aser?
(j) Answer: Shemitah need not be eaten within the wall of
Yerushalayim, but Ma'aser must - perhaps he considers
Ma'aser to be more stringent.
(k) (Mishnah): One who is suspected about Ma'aser...
(l) Question: Why is someone suspected about Ma'aser not
suspected about Shemitah?
(m) Answer: Ma'aser can be redeemed, Shemitah cannot be
redeemed once it becomes forbidden (e.g. after Bi'ur) -
perhaps he considers Shemitah to be more stringent.
2) EXTRAPOLATION OF SUSPICION
(a) (Mishnah): One who is suspected about either of these (is
suspected about Taharos).
(b) Since he is suspected to transgress a mid'Oraisa law, all
the more so he is suspected about mid'Rabanan laws.
(c) (Mishnah): One can be suspected about Taharos (but not
about either of these).
(d) Question: What is the reason?
(e) Answer: Granted, he is suspected about a mid'Rabanan law,
but he is not suspected about mid'Oraisa laws.
(f) Contradiction (Beraisa): One who is trusted about Taharos
is trusted about Shemitah.
1. Inference: One who is suspected about Taharos is
suspected about Shemitah! (Tosfos -the law itself is
obvious, surely it was taught for the inference.)
(g) Answer #1 (R. Ilai): The Mishnah discusses when he was
seen to observe Shemitah properly in private, in his
house. (Surely, he was not trying to create a false
impression!)
(h) Answer #2 (R. Yanai, son of R. Yishmael): The Beraisa
discusses when he was suspected about Taharos and
Shemitah, then accepted in front of Chachamim to be
careful about them;
1. Later, he was suspected about one of them, therefore
he is also suspected about the other.
(i) Version #1 (Rabah bar bar Chanah): Our unauthored Mishnah
is like R. Akiva, but Chachamim say that one who is
suspected about Shemitah is suspected about Ma'aser.
(j) Question: Who are these Chachamim?
(k) Answer: They hold like R. Yehudah - in his area, Shemitah
was severe to people;
1. There, someone once called someone, "Convert, son of
a convert" (to insult him); the latter responded, "I
don't eat Shemitah produce like you do!"
(l) Version #2 (Rabah bar bar Chanah): Our unauthored Mishnah
is like R. Akiva, but Chachamim say that one who is
suspected about Ma'aser is suspected about Shemitah.
(m) Question: Who are these Chachamim?
(n) Answer: They hold like R. Meir, who says that one who is
suspected about one matter is suspected about every
Mitzvah.
(o) One of R. Yonah and R. Yirmeyah explained like Version
#1, the other explained like Version #2.
30b---------------------------------------30b
2) "CHAVERUS"
(a) (A Chaver may not give tithes to an Am ha'Aretz (a
non-Chaver), nor deal with Taharos with an Am ha'Aretz;
he eats Chulin in Taharah, and he tithes what he eats,
and what he sells to and buys from an Am ha'Aretz.)
(b) (Beraisa): If an ignoramus accepted Chaverus, and he is
suspected of one matter, he is suspected about everything
(c) Chachamim say, he is suspected only about that matter.
(d) If a Nochri converted and accepted the entire Torah, and
he is suspected of one matter, he is suspected about
everything; he is like a Yisrael Mumar.
1. Question: What do we learn from this?
2. Answer: If he was Mekadesh a woman, she is
Mekudeshes.
(e) (Beraisa): If one wants to be a Chaver, and he accepts
Chaverus except for one matter, we do not accept him;
(f) (In every case, "acceptance" means that we trust him.)
(g) R. Yosi b'Rebbi Yehudah says, even if he does not accept
one Rabbinic law, we do not accept him.
(h) Similarly, if a Levi or Kohen accepts all matters of
Leviyah or Kehunah except for one matter, we do not
accept him - "Hamakriv Es Dam ha'Shelamim [Lo Sihyeh...
l'Manah]";
1. If a Kohen does not admit to all the Avodos assigned
to Benei Aharon, he has no share in Kehunah.
(i) (Beraisa): If one wants to be a Chaver:
1. If we already saw him conduct like a Chaver covertly
in his house, we accept him immediately, and then
teach him all the laws;
2. If not, first we teach him all the laws, then we
accept him.
(j) R. Shimon says, in either case we accept him immediately;
he will learn the laws over time.
(k) (Beraisa): We accept one who agrees to wash his hands
(before eating bread or touching Terumah), and later will
accept all laws of Taharah;
1. If he only agrees to wash his hands, we accept him;
2. If he agrees to observe all matters of Taharah
except for washing his hands, we do not accept him.
(Washing is easy - if he cannot keep this, surely he
cannot keep all the other laws)!
(l) Version #1 - (Beraisa) Question: What is the minimal
acceptance?
(m) Version #2 - (Beraisa) Question: How long must one keep
the laws covertly in order that we will accept him
immediately? (End of Version #2)
(n) Answer #1: Beis Shamai say, for [trusting him concerning]
Tum'ah of liquids (which is only mid'Rabanan) 30 days
suffice; for his garments (to assume that they are
Tehorim), 12 months are required;
(o) Answer #2: Beis Hillel say, both of these require 12
months.
(p) Objection: If so, Beis Hillel are more stringent than
Beis Shamai - if so, this should be taught in Idiyos
(with the other places where Beis Hillel are more
stringent)!
(q) Correction: Rather, Beis Hillel say that 30 days suffice
for both.
3) ACCEPTANCE OF "CHAVERUS"
(a) (Beraisa): Acceptance of Chaverus must be in front of
three Chaverim;
(b) His children and household (wife and slaves) need not
accept in front of three.
(c) R. Shimon ben Gamliel says, his children and household
must accept in front of three;
1. The acceptance of a Chaver is different than the
acceptance of his son. (Since the son's acceptance
is merely on account of his father, we must not make
it lighter than his father's, it also requires
three. Alternatively, the first Tana taught this
clause - a son need not accept at all, certainly he
will conduct like his father.)
(d) (Beraisa): Acceptance of Chaverus must be in front of
three Chaverim;
(e) Even a Chacham must accept in front of three; a Chacham
who learns (full time) in Beis Medrash need not accept in
front of three, for he already accepted when he started
to learn.
(f) Aba Sha'ul says, a Chacham need not accept - moreover,
others can accept in front of a Chacham!
(g) (R. Yochanan): This Beraisa was taught in the time of the
son of R. Chanina ben Antignos:
1. A case occurred, R. Yehudah and R. Yosi had a
question regarding Taharos; they sent two Chachamim
to ask R. Chanina's son.
2. They found him engaging in Taharos; they asked him
the question. He picked Chaverim among his Talmidim
to watch the Taharos, and investigated the question.
3. R. Yehudah was upset that R. Chanina' son did not
trust the Chachamim sent to him - "He and his father
disgrace Chachamim!" (Tosfos - a similar case had
occurred with his father; Rashi - the charge against
his father was false, it was added out of anger).
4. R. Yosi: Do not be upset - after the Churban,
Kohanim are extra strict, they only entrust Taharos
to one who accepted Chaverus.
(h) (Beraisa): If a Chaver died, his children and household
retain their Chazakah (of being Chaverim), until we see
reason to suspect them;
(i) If Techeiles was sold in a Chatzer and it was Muchzak to
be authentic, it retains its Chazakah until we see reason
to suspect (that they sell imitation Techeiles, e.g. from
the indigo plant).
(j) (Beraisa): If an Am ha'Aretz's wife (who was widowed or
divorced) or daughter married a Chaver, or if an Am
ha'Aretz's slave was sold to a Chaver, (s)he must accept
Chaverus;
(k) If a Chaver's daughter or wife married an Am ha'Aretz, or
if a Chaver's slave was sold to an Am ha'Aretz, (s)he
need not accept Chaverus (if (s)he returns to a Chaver);
(l) R. Meir requires accepting Chaverus.
(m) R. Shimon ben Elazar says in the name of R. Meir, a case
occurred, a woman was married to a Chaver. She bound
Tefilin on his hand; she later was married to an Am
ha'Aretz, and tied tax collector's seals on his arm. (Tax
collectors are assumed to steal - this shows that if a
righteous woman marries a Rasha, she is prone to become
evil.)
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