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Horayos 3
1) [line 1] "ZOS TORAS HA'OLAH, HI [HA'OLAH...]" - "[Command Aharon and his
sons, saying,] 'This is the Torah of the burnt offering; it is [the burnt
offering, burning on its bonfire upon the Mizbe'ach all night until the
morning, and the fire of the Mizbe'ach shall be burning in it.]'" (Vayikra
6:2) - Rebbi Yehudah rules that the words "Zos," "Hi" and "ha'Olah"
constitute three "Mi'utim" (exclusions) that limit the scope of the verse.
The Korban Olah is disqualified in three specific situations, to the extent
that the limbs must be taken off the Mizbe'ach in the event that they were
taken up there. The Gemara (Zevachim 27b, Nidah 40a) states that these three
Mi'utim exclude the following cases: 1. When the animal was slaughtered at
night; 2. When the blood of the animal spilled from the neck of the animal
to the ground rather than being cast on the Mizbe'ach; 3. When the blood of
the animal was taken outside of the Azarah.
2) [line 1] HAREI ELU SHELOSHAH MI'UTIN - these [three words] constitute
three exclusions (see previous entry)
3) [line 10] V'CHACHAMIM MECHAIVIN - and the Chachamim obligate [the
Sanhedrin to bring a Par He'elem Davar Shel Tzibur]
4) [line 20] BEIS DIN MASHLIM L'ROV TZIBUR - the members of the Sanhedrin
[transgressed the prohibition along with the minority of the people in Eretz
Yisrael. Adding the number of judges who sinned to the number of citizens]
completed a count of the majority of the people
5) [line 36] MERUBIN V'NIS'MA'ATU - a majority of the people (lit. many)
[who sinned, obligating the Sanhedrin to bring the Par He'elem Davar,] and
[before the Korban was offered, the number of sinners] diminished [when some
of the people died, bringing the total down to a minority]
6) [line 37] PELUGSA D'REBBI SHIMON V'RABANAN - this case would fit in to
the argument of Rebbi Shimon and Rabanan (who argue (on Daf 10a) with regard
to a person who is obligated to bring a Korban whose status subsequently
changes before he manages to offer his Korban, to the extent that had he
been obligated at this point, his Korban would be different from the
original Korban. In our Gemara, the Sanhedrin is originally obligated to
bring the Par He'elem Davar because the majority of the people sinned. When
the number of sinners diminished, Rebbi Shimon and the Rabanan would argue
as to whether they are still obligated to bring the Par. According to the
Rabanan, they are still obligated. According to Rebbi Shimon, it depends
upon when they discovered that their ruling was mistaken. If they found out
before the numbers of the people diminished, they are still obligated. If
they only found out after the numbers diminished, they are exempt from
offering the Par.)
7) [line 37] MU'ATIN V'NIS'RABU - a minority of the people (lit. few) [who
sinned, at which point the Sanhedrin was not obligated to bring the Par
He'elem Davar,] and [the relative number of sinners] increased [when some of
the majority of people who had not sinned died, causing the number of
sinners to be the majority]
8) [line 37] REBBI SHIMON, D'AZIL BASAR YEDI'AH - Rebbi Shimon, who rules
that we follow (lit. go after) [the point in time of] knowledge [of the sin]
(see above, entry #6)
9) [line 38] RABANAN D'AZLEI BASAR CHATAS - Rabanan, who rule that we follow
(lit. go after) [the point in time of] the sin
10) [line 38] V'TISBERA? - Is that reasonable?
11) [line 38] D'AZIL AF BASAR YEDI'AH - that is, Rebbi Shimon's ruling takes
into account the point in time of the sin *and* the knowledge
12) [line 39] YEDI'AH (D'LO) [B'LO] CHATA'AH - knowledge at a time when
there is no obligation to bring a Korban
13a) [line 42] B'CHELEV SHE'AL GABEI (HA'KEIVAH) [HA'KEREV] - forbidden fat
from the layer of fat covering the Kerev (which refers to the Keres, the
first, largest stomach of ruminants) (Vayikra 3:3; See Background to Horayos
2:8a)
b) [line 42] B'CHELEV SHE'AL GABEI DAKIN - forbidden fat attached to the
intestines (Vayikra 3:3 identifies two types of forbidden fats, Chelev
*ha'Mechaseh Es* ha'Kerev and Kol ha'Chelev *Asher Al* ha'Kerev. The first
phrase refers to the Chelev from the layer of fat covering the Kerev (see
previous entry). The Tana'im argue (Chulin 49a-b) as to whether the second
phrase includes forbidden fat attached to the Keivah (the last stomach
before the intestines) or forbidden fat attached to the Dakin (the
intestines))
14) [line 44] (V')KEIVAN D'EIN ISURAN SHAVEH - since their prohibitions are
not similar (all blood of warm-blooded animals is prohibited while the only
the Chelev of Kosher Behemos (domesticated farm animals) is prohibited; the
Chelev of Kosher Chayos (non-domesticated animals) is permitted)
15) [line 45] U'MI'UT B'AVODAS KOCHAVIM (AVODAS KOCHAVIM)
(a) Avodah Zarah is the term for a Pesel (an idol or graven image) or
anything such as the sun or the moon, or even a person, which people
mistakenly believe is an independent power with G-d-like attributes, which
they worship and to which they pray. It is prohibited to do even the most
minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah
is one of the three cardinal sins about which we are commanded, "Yehareg
v'Al Ya'avor" - "One should be killed rather than transgress." (The other
two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But
see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)
(b) The prohibition to serve Avodah Zarah is one of the Ten Commandments,
"Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha Fesel v'Chol
Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall not possess
any foreign gods, ever (lit. in my presence). You shall neither make for
yourself a graven image nor any likeness of that which is in the heavens
above or on the earth below or in the water beneath the earth. You shall not
prostrate yourself to them nor worship them for I am HaSh-m, your G-d..."
(Shemos 20:3-5).
(c) A person who serves Avodah Zarah b'Mezid (intentionally) is liable to
the Kares punishment. If he received the proper warning and witnesses saw
his action, he is liable to Sekilah (stoning). A person who worships Avodah
Zarah b'Shogeg (unintentionally) is liable to offer a Korban Chatas (RAMBAM
Hilchos Avodas Kochavim 3:1). A person who makes an idol or other Avodah
Zarah, even for a Nochri, is liable to Malkus (lashes) (Rambam ibid. 3:9).
(d) Many rites were invented for specific forms of Avodah Zarah. If a person
serves an Avodah Zarah with a rite specific to it, he is Chayav as above,
(c). If one serves an Avodah Zarah with a rite that was intended for another
Avodah Zarah, he is exempt from punishment. However, the verses show that a
person who performs the services of Zibu'ach (sacrificing an animal), Kitur
(burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing
down) is Chayav, whether it is specific to the Avodah Zarah or not
(Sanhedrin 60b, see Rambam ibid. 3:3). The prohibition against Avodah Zarah
is included in the seven Mitzvos Benei Noach, the seven commandments in
which all of humanity is obligated (see Background to Avodah Zarah 64:20).
3b---------------------------------------3b
16) [line 4] AD SHE'TIFSHOT HORA'AH B'CHOL ADAS YISRAEL - until the ruling
spreads to all of the congregation of Yisrael
17) [line 7] RUBO K'CHULO
Most of the time, when an action is required to be performed or a time
period to pass, Chazal rule that "Rubo k'Chulo" - "the majority is like the
entirety (Nazir 42a, Chulin 70a, Nidah 29a).
18) [line 15] SHE'HIRKIN HA'HU ECHAD MEHEM B'ROSHO - that one nodded his
head
19) [line 19] V'GAMAR LAH HORA'AH - and the judgment was finished
20) [line 25] "B'ME'ERAH ATEM NE'ARIM V'OSI ATEM KOV'IM, HA'GOI KULO" - "You
are cursed with a curse; yet you still rob from Me, this whole nation."
(Malachi 3:9)
21) [line 28] IY IKA KULAM HAVYA HORA'AH - if all of the Sanhedrin sit in
judgment, [even if they do not all cast a ruling,] it is considered a
judgment (a contradiction to Rebbi Yonasan's statement)
22) [line 30] KOLAR TALUY V'TZAVAR KULAN - (lit. the collar, a Roman
prisoner's band or chain, hangs on the necks of all of them) the burden of
guilt for judging incorrectly rests upon all of them
23) [line 33] TANA'EI D'VEI RAV - those who learn in the Beis Midrash;
Talmidei Chachamim who are able to sit in judgment
24) [line 33] KI HEICHI D'NIMTEYAN SHIVA MI'KESHURA - so that what is
destined for me (my share of the punishment should we judge incorrectly) be
[as insignificant] as sawdust compared to a beam
25) [line 34] TERIFTA - an animal about which a question has arisen as to
whether it is a Tereifah (see Background to Avodah Zarah 51:16)
26) [line 34] TAVCHEI - butchers
27) [line 34] MASA MECHASYA - the city of Mechasya (probably a suburb of
Sura in Bavel), the town of Rav Ashi
28) [line 34] U'MOSIV KAMEI - and he sat them before him
29) [line 35] HEVI'U KAPARASAN - they brought their sacrifices (lit. their
atonement), i.e. the Par He'elem Davar Shel Tzibur and/or the Se'irei Avodah
Zarah
30) [line 36] SAFEK - his situation is defined as a Halachic doubt as to
whether he relied on Beis Din or on himself, in which case he is required to
offer an Asham Taluy (ASHAM TALUY)
If a person is in doubt whether or not he committed a transgression for
which he must bring a Korban Chatas, he temporarily brings a Korban Asham
Taluy, which is a ram worth two Sela'im (Vayikra 5:17-19). If he later
discovers that he did indeed sin, he must offer a Korban Chatas; the Asham
Taluy only provides temporary atonement during the period of doubt.
31) [line 37] AMAR REBBI AKIVA, MODEH ANI BA'ZEH, SHE'HU KAROV LI'FETUR MIN
HA'CHOVAH - Rebbi Akiva said, "I agree with this ruling, since he is closer
to acquital than to guilt" (i.e. since he went overseas, he did not know
about the retraction of Beis Din; as such, his actions were a result of
their ruling)
32) [line 39] LA'AKOR ES KOL HA'GUF - to uproot the entire body [of a
certain Halachah, and not just one of the particulars of that Halachah.]
(For example, if Beis Din rules that Avodah Zarah is permitted, that
constitutes Kol ha'Guf, and there is no liability on Beis Din to offer the
Par He'elem Davar Shel Tzibur. If however, they rule that burning incense to
Avodah Zarah is permitted, they are liable to a Par He'elem Davar Shel
Tzibur, since this is only one particular prohibition of Avodah Zarah.)
33) [line 39] NIDAH
By Torah Law, a woman who has her period is a Nidah for seven days. It makes
no difference whether she saw blood only one time or for the entire seven
days. At the end of seven days, after nightfall, she immerses in a Mikvah to
become Tehorah.
(The current practice is to consider all women who have a show of blood to
be a Zavah and therefore they must have seven clean days before they go to
the Mikvah. (For a discussion of the laws of the Tum'ah of a Nidah, see
Background to Avodah Zarah 47:29.)
34) [line 40] SHOMERES YOM K'NEGED YOM (ZAVAH)
(a) The eleven days that follow the seven days of Nidah (see previous entry)
are "days of Zivah." If a woman experiences bleeding during these days for
one or two consecutive days, whether the bleeding is b'Ones (due to an
external cause, see Background to Bava Kama 24:5:b) or not, she becomes a
Zavah Ketanah and is Teme'ah.
(b) If she does not experience bleeding the following night and day, she may
immerse in a Mikvah during the day to become Tehorah. She may even immerse
on the morning immediately following the day on which she saw blood, but her
Tum'ah and Taharah are contingent upon whether or not she sees blood
afterwards on that day. She is called a *Shomeres Yom k'Neged Yom*, because
she must *watch* the following day to confirm whether or not she sees blood.
(c) If a woman has a show of blood for three consecutive days during her 11
days of Zivah, she becomes a Zavah Gedolah. In order for her to become
Tehorah, she must count seven "clean days" during which she verifies that
she has no other show of blood. On the morning of the seventh clean day she
immerses in a Mikvah. If she does not experience bleeding during the rest of
the day she is Tehorah and no longer a Zavah. A Zavah Gedolah must bring a
Korban Zavah to permit her to enter the Beis ha'Mikdash or to eat Kodshim.
The Korban is two Torim or two Benei Yonah, one offered as an Olah and one
as a Chatas (Vayikra 15:25-30).
35) [line 41] HA'MOTZI ME'RESHUS HA'YACHID LI'RESHUS HA'RABIM (HOTZA'AH)
(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine
Avos Melachos of Shabbos. It involves either: 1. Hotza'ah, transferring
objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim
(public domain); 2. Hachnasah, transferring objects from a Reshus ha'Rabim
to a Reshus ha'Yachid; 3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, carrying an
object from one place in Reshus ha'Rabim to another over a distance of at
least four Amos; 4. Moshit, *passing* an object from one Reshus ha'Yachid to
another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a,
see Background to Shabbos 96:3). These are all biblical prohibitions. (The
Tana of our Mishnah uses the term "Yetzi'os" for both Hotza'os and
Hachnasos.)
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of
Hotza'ah, certain conditions must be met. The sinner must perform both an
Akirah (initiation of movement) and a Hanachah (setting down the object to
rest). If one person does the Akirah and another does the Hanachah, only a
Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.
36) [line 42] "V'NE'ELAM DAVAR" - "[And if the whole congregation of Yisrael
sins through ignorance,] and a matter became obscured [from the eyes of the
assembly, and they have transgressed any of the negative commandments of
HaSh-m, and are guilty.]" (Vayikra 4:13) - This verse shows that only "a
matter" becomes obscured, and not the entire body of a certain Halachah.
37) [line 44] PAR HE'ELEM DAVAR SHEL TZIBUR
See Background to Horayos 2:1.
38) [line 45] SE'IREI AVODAS KOCHAVIM
(a) The Sanhedrin (the Jewish Supreme Court) must bring a Korban if they
issued a mistaken ruling permitting an act of idolatry that carries a Chiyuv
Kares and the Jewish people in Eretz Yisrael (the majority of the people or
the majority of the tribes) conducted themselves based on this ruling. The
sages bring a young bull as an Olah and a male goat as a Chatas on behalf of
each of the tribes. The people are exempt, since they relied on the Beis Din
ha'Gadol. The goats are called Se'irei Avodas Kochavim (RAMBAM Hilchos
Shegagos 12:1).
(b) The blood of the goats was sprinkled in the Heichal on the Paroches and
the Mizbach ha'Zahav. The Sheyarei ha'Dam (the remainder of the blood) was
poured on the Western Yesod (foundation) of the Mizbe'ach. The remains of
the goats were burned outside of the city of Yerushalayim (Bamidbar
15:22-26).
39) [line 45] BI'TECHILAH GOVIN ALEIHEN - a separate collection is made to
provide the funds for these Korbanos (and they are not brought using the
funds from the Terumas ha'Lishkah - see next entry)
40) [line 45] TERUMAS HA'LISHKAH
(a) Every year, one half Shekel was collected from every Jew to fund the
Korbenos Tzibur that were offered in the Beis ha'Mikdash. Beis Din placed
the money that was collected in a room in the Mikdash reserved for that
purpose (see Background to Bava Metzia 57:16).
(b) The half Shekalim were collected before Rosh Chodesh Nisan so that the
Korbanos of the new year (which starts with the month of Nisan) would be
offered from the money that was collected for the new year. On the first of
Adar, Beis Din announced that the Shekalim should be collected, in order to
ensure that all of the Shekalim would be collected before Rosh Chodesh Nisan
(see Insights to Shekalim 2a). Some commentaries contend that a portion of
the Shekalim would not arrive until after Rosh Chodesh Nisan, while others
claim that all of the Shekalim arrived by Rosh Chodesh Nisan, since the
Shekalim were collected from the regions further from Yerushalayim earlier
in the year. (This latter opinion appears to be the conclusion of the
Yerushalmi, Shekalim 2a - see Mishnas Eliyahu ibid. 2b.)
(c) The amount that was collected from each Jew was not fixed at half a
Shekel. Rather, the amount given was always half of the "Matbe'a ha'Yotzei"
(the primary coin in use at the time), provided that it was not *less* than
the value of half a Shekel.
(d) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers
to the Shekel that was in use at the time of Moshe Rabeinu, which was
equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is
half of a Sela, or two Dinarim. People became accustomed to calling the coin
that was valued at half of a Sela, "Shekel," since it was "paid out"
("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each
year (RAMBAN to Shemos 30:13).
(e) At three times during the year (before each of the three festivals),
Beis Din filled three boxes, each of which held three Se'in (approximately
21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions)
with Shekalim from that room. The portion that was set aside in the boxes
was called the "Terumas ha'Lishkah," while the remainder of the Shekalim
were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to
Shekalim 9:2)
(f) There is a difference of opinion as to why the Terumas ha'Lishkah was
done three times a year rather than just once. One opinion states that the
reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see
Insights there). According to others, Beis Din was concerned that the
Terumas ha'Lishkah should also be collected from the Shekalim that arrived
later in the year (this opinion is also mentioned in the Yerushalmi, ibid.).
(g) The Shekalim from the Terumas ha'Lishkah were used to purchase the
animals needed for public sacrifices and for the wages of certain laborers
and appointees of Hekdesh (as described in our Gemara). The Shekalim from
the Sheyarei ha'Lishkah were used to buy other goods necessary for the
upkeep of the Mikdash and the entire city of Yerushalayim (Shekalim 4a-b).
41) [line 46] HAVEI LEI HODA - [since Rebbi Shimon rules that bi'Techilah
Govin Aleihen,] it will be known [to the individual that Beis Din issued a
mistaken ruling. If so, how can Rebbi Shimon exempt the individual from a
Korban, claiming that he was only following the ruling of Beis Din]?
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