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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Kama 82
BAVA KAMA 82 (30 Tishrei) - dedicated by Reb Mordechai Rabin
(London/Yerushalayim) l'Iluy Nishmas his father, ha'Gaon Rav Gedalya
Rabinowitz of Manchester, England (and in his later years, Bnei Brak,
Israel). Hearing a Shiur of his was an unforgettable experience, as his many
Talmidim, both Bnei Yeshiva and Ba'alei Batim, can attest.
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Questions
1)
(a) Ezra too, instituted ten Takanos. He established the Leining at Shabbos
Minchah - as well as on Mondays and Thursdays.
(b) He also established that Beis-Din should convene on Mondays and
Thursdays ...
(c)
1. ... that the family washing should be done on Thursday in honor of
Shabbos ...
2. ... that men should eat garlic on Friday ...
3. ... and that women should bake bread early in the morning, in case a poor
man comes to the door and asks for food.
(d) And he instituted that women should ...
1. ... wear underwear (for reasons of Tzeni'us) ...
2. ... and that they should comb their hair prior to Tevilah.
2)
(a) The ninth Takanah was that peddlers1 should go round the towns - selling
women's spices and ornaments.
(b) And the tenth Takanah was - that a Ba'al Keri (who had an emission) must
Tovel before learning Torah (or Davening).
3)
(a) The Dorshei Reshumos interpreted the Pasuk "Va'yelchu Sheloshes be'Lo
Mayim" to mean that Yisrael went for three days in the desert without Torah
(which is why they were disgruntled).
(b) The Nevi'im of that time therefore instituted - Leining on Shabbos
morning, on Mondays and on Thursdays (so that three days would never pass
without Torah).
(c) The Nevi'im in Moshe's time established that either one or three people
should Lein three Pesukim, Ezra added - that three people should Lein ten
Pesukim.
(d) The three Pesukim that Moshe's generation established corresponded to
the Kohanim, Levi'im and Yisre'elim, the ten Pesukim that Ezra established -
to the ten Batlanim (the ten men from the community who gave up their
worldly occupations, dedicating their lives to communal service, and to
arrive early in Shul to start the Minyan).
4)
(a) Ezra fixed specifically Monday and Thursdays as the days that Beis-Din
should convene - because many people from the surrounding villages were in
town anyway to hear the Leining, sparing them from having to come into town
specially to be judged.
(b) He established eating garlic on Fridays, based on the Pasuk in Tehilim
"Asher Piryo Yiten be'Ito", which Rav Yehudah or ... or Rebbi Yochanan
interprets to mean - that Friday night is the right time to fix the Mitzvah
of Onah (with one's wife), and garlic is good for this Mitzvah, because it
increases the Zera.
(c) Garlic has five physical advantages: It satisfies, heats the body, and
causes one's face to shine. Besides increasing the Zera, as we just
explained - it also kills lice in the stomach.
(d) Others add a sixth (spiritual) property - it brings in love (in the wake
of the happiness that it causes) and drives out hatred.
5)
(a) We learn from the Pasuk ...
1. ... "ve'Rachatz es *Besaro ba'Mayim*" - that nothing may interrupt
between the skin and the water (known as a Chatzitzah) when one Tovels.
2. ... "ve'Rachatz *es* Besaro ba'Mayim" - that the same applies to the hair
(which may neither be knotted nor contain any dirt).
(b) A Chatzitzah in the hair is d'Oraysa, which simply means that one needs
to examine it before Tevilah. What Ezra added - was that a woman is
obligated to comb her hair together with the examination.
82b---------------------------------------82b
Questions
6)
(a) Ezra was concerned about Shalom Bayis. That is why he instituted the
Takanah of Ruchlin (peddlers), to prevent women from looking unattractive in
the eyes of their husbands, a major cause in the breaking up of marriages.
(b) The Torah writes in Shemini "ve'Ish Ki Seitzei Mimenu Shichvas Zara,
ve'Rachatz es Besaro ba'Mayim". Nevertheless, Ezra needed to institute
Tevilah for Ba'alei Keri - because the Torah only requires Tevilah for
eating Terumah and Kodshim, but not for Divrei Torah, which is what Ezra
added.
7)
(a) The Tana says ten things about Yerushalayim. 'Ein ha'Bayis Chalut Bah' -
meaning that the Din of Batei Arei Chomah (the purchase of a house within a
walled city, which, unlike that of a house in an open city, becomes
permanent already after one year).
(b) It neither brings an Eglah Arufah, nor can it be declared an Ir
ha'Nidachas - nor are houses there subject to Tum'ah.
(c) Neither beams nor balconies are pemitted to protrude into the streets of
Yerushalayim.
(d) Neither trash-heaps nor lime-kilns are permitted, nor are gardens or
orchards. The exception to the latter prohibition is - the spice-gardens
from the days of the early prophets (in where they grew the Kipas ha'Yarden
for the Ketores).
8)
(a) We have already learned that chickens may not be kept in Yerushalayim.
The tenth thing bout Yerushalayim concerns corpses - which the Tana forbids
leaving unburied overnight.
(b) The above Halachos concerning a house of Batei Arei Chomah, Eglah
Arufah, Ir ha'Nidachas, and Tumas Nega'im, which the Tana extrapolates from
the four Pesukim "ve'Kam ha'Bayis Asher ba'Ir Asher Lo Chomah li'Tzmisus
*la'Koneh Oso le'Dorosav*", "Ki Yimatzei Chalal ba'Adamah Asher Hashem ...
Nosen Lecha *Nachalah le'Rishtah*", "Arecha" (Re'ei) and ve'Nasati Nega
Tzara'as be'Veis *Eretz Achuzaschem*", respectively, are all based on the
presumption - that Yerushalayim was not divided among the tribes.
(c) Besides the concern for Ohel ha'Meis, beams and balconies may not
protrude into the street - because of the damage they are likely to cause.
(d) The reason for the prohibition of ...
1. ... trash-heaps is - because Sheratzim breed there, and when they die,
they spread Tum'ah.
2. ... lime-kilns is - because of the smoke that causes the walls to turn
black (and it is not becoming for Hashem's city to be uglified in this
manner).
3. ... gardens and orchards is - because of the putrid smell (that is caused
either by the weeds etc. that one tends to throw to the sides of the field,
or by the fertilizer which every field requires).
4. ... leaving a corpse overnight is given as - tradition.
9)
(a) Chazal forbade keeping Chazeirim due to an episode that took place
during the civil war between Hurkanus and Aristobulus. Those besieged in
Yerushalayim (Aristobulus), managed to bring the Korban Tamid each day - by
letting down a basket of money to the attackers, for which they would
receive in exchange, the two required lambs.
(b) That old man who had studied Greek philosophy advised Hurkanus - to
place a Chazir in the basket instead of the lambs, because, he claimed, as
long as the besieged had the merit of sacrifices on their side, they could
never be vanquished.
(c) When the Chazir, on its way up, dug its hoofs into the wall of
Yerushalayim and the entire country shook, that is when Chazal issued a
curse on anyone who rears Chazeirim or who studies Greek philosophy.
(d) The significance of the fact that, that year, the Omer came from Gagos
Tzerifim and the Sh'tei ha'Lechem from the valley of Ein Sochar is - the
barley was not fresh that year. Normally, they brought them from close to
Yerushalayim, in order to bring them to Hashem fresh.
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