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1) "DAYO"

(a) Question: Does R. Tarfon really not agree to Dayo - Dayo is mi'Di'oraisa!

1. (Beraisa): "If (Miryam's) father would spit at her, she should be shut up for 7 days" - all the more so, she should be shut up for 14 days when the Divine Presence is angry at her!

i. However, because of Dayo, she is only shut up for 7 days.

(b) Answer: He agrees to Dayo when it still allows something to be learned from the Kal va'Chomer.

1. No verse teaches that she should be shut up 7 days on account of the Divine Presence - we just have a Kal va'Chomer teaching 14; Dayo says, we may only learn 7.
2. By Keren, the verse that teaches half-damage also applies to the damagee's premises - if we apply Dayo, the Kal va'Chomer will not teach anything!
3. Chachamim say, "She will be shut up 7 days" already teaches 7 days on account of the Divine Presence (and even so, we say Dayo)!
4. R. Tarfon says, that verse teaches Dayo - without it, we would have said she is shut up 14 days!
5. Chachamim: Another verse teaches that - "Miryam was shut up (...7 days)"!
6. R. Tarfon says, that teaches that we generally say Dayo (if there is no other Chidush of the Kal va'Chomer) - one might have thought, Dayo applies only by Miryam, because of Moshe's honor.

(a) Question (Rav Papa): But there is a Tana that argues on Dayo even when it allows nothing to be learned from the Kal va'Chomer!

1. (Beraisa): How do we know that semen of a Zav is Tamei? We learn from a Kal va'Chomer.

i. Emissions (such as spit) which are Tahor in a Tahor person, they are Tamei by a Tamei person (such as a Zav) - emissions (such as semen) which are Tamei in a Tahor person, all the more so they are Tamei by a Tamei person!

2. (Summation of question): He learns both Tum'ah of touching and moving - he should only learn Tum'ah of touching, Dayo should prevent him from learning Tum'ah of moving!!
3. Suggestion: We do not need a Kal va'Chomer for touching - the verse that teaches Tum'ah (by touching) of semen also applies to a Zav!
4. Rejection: That verse says "A chance happening of the night" - one might have thought, this does not apply to a Zav, for his semen is due to something else (his malady) - the Kal va'Chomer teaches, this is not so.

(b) Answer (Abaye): The verse does not say that the semen cannot be caused by another matter (the Kal va'Chomer is not needed for touching).
(c) Question: Which Tana holds that semen of a Zav does not convey Tum'ah to one who moves it - this is unlike both R. Eliezer and R. Yehoshua!

1. (Beraisa - R. Eliezer): The semen of a Zav conveys Tum'ah by touching, not by moving;
2. R. Yehoshua says, even by moving, for it surely has drops of Zivah (different emissions that make a man a Zav).

i. R. Yehoshua only says it has Tum'ah of moving because it has drops of Zivah - semen itself lacks this Tum'ah!

(d) Answer (Mishnah): Stricter Tum'os - the Zivah, spit, semen and urine of a Zav, and the blood of a Nidah - they are Tamei both by touching and moving.

(e) Question: Perhaps the Tana only says so because semen has drops of Zivah in it!
(f) Answer: If so, semen should have been taught next to Zivah; rather, it was taught next to spit, because it is learned from a Kal va'Chomer from his spit.

(a) Question (R. Acha mi'Difti): The Tana of the following Beraisa argues on Dayo even when it allows nothing to be learned from the Kal va'Chomer!

1. (Beraisa): A Kal va'Chomer teaches that a mat can receive Tum'as Mes (i.e. of a corpse): small flasks do not receive Tum'ah from a Zav (the opening is too small to stick his finger inside), they receive Tum'as Mes;

i. A mat receives Tum'ah from a Zav, all the more so it receives Tum'as Mes!

2. (Summation of question): The Tana learns both for 1-day Tum'ah (for which it suffices to immerse it in a Mikvah, and it is fully Tahor at nightfall), and for 7-day Tum'ah (which requires sprinkling from water with ashes of the red heifer)!

i. He should say learn 1-day Tum'ah from the Kal va'Chomer, Dayo should prevent learning 7-day Tum'ah!

(b) Answer (Abaye): Really, the Tana learns that a mat receives Tum'ah of rodents from the Kal va'Chomer:

1. Small flasks do not receive Tum'ah from a Zav, but they receive Tum'ah of rodents (since very small rodents can enter them);

i. A mat receives Tum'ah from a Zav, all the more so it receives Tum'ah of rodents!

(c) Question: From where does he learn Tum'as Mes of a mat?
(d) Answer: It says "A garment or leather" by Tum'ah of rodents and also by Tum'as Mes - just as a mat receives Tum'ah of rodents, it receives Tum'as Mes.
(e) We must say that the words "A garment or leather" are extra, only to teach the Gezeirah Shavah - if not, we could refute the teaching.

1. A lentil's worth of a rodent imparts Tum'ah, but an olive's worth of a Mes is needed to impart Tum'ah (this shows that Tum'ah of rodents is broader - perhaps mats only receive Tum'ah of rodents, not of a Mes).

(f) Correct, the words are extra.

1. Rodents are equated to semen - "A man that will have a seminal emission...a man that will touch a rodent";
2. Question: It says by semen "Any garment and any leather that semen will be on (will be Tamei)" - why did the Torah write "A garment or leather" by rodents (it could have been learned from semen)?
3. Answer: The words "A garment or leather" written by rodents are free for the Gezeirah Shavah.

(g) Question: We have only shown that "A garment or leather" written by rodents is extra - this fits the opinion that that we may not challenge a Gezeirah Shavah if (the word(s) of) 1 side is extra;

1. But according to the opinion that we may challenge it unless both sides are extra, how can we answer?

(h) Answer: The words "A garment or leather" written by Tum'as Mes are also free.

1. Tum'as Mes is equated to semen - "Anyone that will touch someone that is Tamei Mes or a man that will have a seminal emission";
2. Question: It says by semen "Any garment and any leather that semen will be on (will be Tamei)" - why did the Torah write "A garment or leather" by Tum'as Mes?
3. Answer: The words are free for the Gezeirah Shavah.

(i) This fits the opinion that when we learn a law from another topic, the law is governed by rules of its own realm (i.e. when we learn from semen (Rashi, according to Maharsha; Maharshal - from rodents) that Tum'as Mes applies to a mat, we say that it is as all things that receive Tum'as Mes, it can receive 7-day Tumah);

1. Question: According to the opinion that when we learn a law from another topic, the law is governed by rules of the topic from which we learned (i.e. when we learn from semen (Maharshal - rodents) that Tum'as Mes applies to a mat, we only learn 1-day Tum'ah, which applies to rodents) - how do we learn 7-day Tum'ah?
2. Answer (Rava): "You will wash your clothing on the seventh day" - no Tum'ah of Mes is less than 7 days.