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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Horayos 9

HORAYOS 9-10 - One week of study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

1) THOSE EXEMPT FROM "OLEH V'YORED"

(a) Answer #2: Rather, he learns as follows.
1. (Beraisa - R. Yirmeyah): It says "He will not be able to afford" - this applies to someone who can become poor or rich, to exclude a Nasi or a Mashu'ach, who never become poor.
i. A Nasi is never poor - "Hash-m Elokav" -only Hash-m is above him;
ii. A Mashu'ach is never poor - "The Kohen that is greater than his brothers" - in beauty, strength, Chachmah and wealth;
iii. Others say, "that is greater from his brothers" - if he is not wealthiest, the other Kohanim give him money to make him the wealthiest.
(b) Question (Ravina): If a Nasi transgressed (something for which one brings Oleh v'Yored) and became a Metzora, what is the law?
1. Is he exempt only while he is considered Nasi - but now, he is liable?
2. Or - since before he was unable to bring the Korban, he never brings it?
(c) Answer (Rav Nachman bar Yitzchak): He pays from his treasury, not from yours! (Rashi - his treasury never runs out, so he is exempt; Ramah - since he must take from his own wealth, he cannot currently collect taxes, he is liable (as a regular wealthy person, who could wax poor).
(d) (Beraisa - R. Akiva): A Mashu'ach is exempt from all of these.
(e) Question (Rava): What is R. Akiva's reason?
(f) Answer (Rava): "This (Minchah) is the Korban of Aharon and his children" - this is the only obligatory Minchah of a Kohen Gadol.
(g) Question: Perhaps this excludes him only from the Korban of the most destitute, a Minchah, but he brings the Chatas of a (moderately) poor or rich person!
(h) Rejection: "The Kohen will atone for the sin that he sinned, *me'Achas me'Eleh*" - one who gets atonement through (any) one of these (a Minchah, bird or animal), gets atonement through all; one who does atone through (any) one of these, does not atone through any of them.
(i) Question: If so, we should also say "Ki Yesham l'Achas me'Eleh" - one who is liable for (any) one of these (Oleh v'Yored offerings), is liable for all; one who is not liable for (any) one of these, is not liable for any of them!
1. (Mishnah - R. Akiva): A Nasi is liable for all, except for Shevu'as ha'Edus.
(j) Answer (Abaye and Rava): The Tana expounds "l'Achas", he does not expound "me'Achas".
(k) Question: Why does he only expound "l'Achas"?
(l) Answer: The Torah wrote this at the end, regarding the Minchah, to teach that anyone that can bring the cheapest Korban can bring the others;
1. If the Halachah was that one who is exempt from one of these is liable for the others, "l'Achas" should have been written regarding an animal or bird.
2) THE DIFFERENT "CHATA'OS"
(a) (Mishnah): A commoner brings a Se'irah or Kisvah for any Mitzvah punishable by Kares (b'Mezid) and a Chatas (b'Shogeg);
1. The Nasi brings a (male) Sa'ir; a Mashu'ach or Beis Din brings Parim.
2. For idolatry, a commoner, Nasi or Mashu'ach brings a Se'irah; Beis Din brings a Par for an Olah and a (male) Sa'ir for a Chatas.
(b) A commoner or Nasi brings Asham Taluy, a Mashu'ach or Beis Din is exempt. (c) A commoner, Nasi or Mashu'ach brings Asham Vadai, Beis Din is exempt.
(d) R. Shimon says, for Shevu'as ha'Edus, Shevu'as Bituy, or Tum'ah (of the Mikdash and Kodshim), Beis Din is exempt, a commoner or Nasi is liable;
1. A Mashu'ach is liable for either Shevu'ah, he is exempt for Tum'ah;
(e) Whoever is liable brings the standard Oleh v'Yored;
1. R. Eliezer says, a Nasi brings a Sa'ir.
(f) (Gemara - Beraisa - R. Shimon): The general rule is, whenever a commoner brings Asham Taluy, a Nasi does also; a Mashu'ach or Beis Din is exempt;
(g) Whenever a commoner brings Asham Vadai, a Nasi or Mashu'ach does also, Beis Din is exempt;
1. For Shevu'as ha'Edus, Shevu'as Bituy, or Tum'ah of the Mikdash and Kodshim, Beis Din is exempt, a commoner, Nasi or Mashu'ach is liable (for at least some of these);
2. A Nasi is exempt for Shevu'as ha'Edus, a Mashu'ach is exempt for Tum'ah;
(h) A Nasi is like a commoner regarding Oleh v'Yored; a Mashu'ach or Beis Din is exempt.
(i) Question: The Beraisa contradicts itself!
1. It exempts a Mashu'ach for Tum'ah, implying that he is liable for either Shevu'ah;
2. Then it says that a Nasi is like a commoner regarding Oleh v'Yored; a Mashu'ach or Beis Din is exempt;
i. Just as Beis Din is exempt from all of them, also a Mashu'ach!
9b---------------------------------------9b

(j) Answer (Rav Huna brei d'Rav Yehoshua): A Mashu'ach is exempt from the cheapest Korban (a Minchah), but not from a bird or animal (if he is moderately poor or rich).
1. R. Shimon agrees with R. Akiva (who totally exempts a Mashu'ach) in one respect, and argues in another:
2. He agrees that he is exempt from bringing a Minchah, but not from a bird or animal.
(k) (Mishnah - R. Shimon): However, a Mashu'ach is exempt for Tum'ah...
(l) Question (Chizkiyah): What is R. Shimon's reason?
(m) Answer #1 (Chizkiyah): He learns from "That soul will be cut off from the Tzibur" - this refers to someone whose Korban is like that of the Tzibur;
1. This excludes a Mashu'ach, who brings a different Korban.
2. Question: Also a Nasi brings a different Korban!
3. Answer: A Nasi gets atonement with the Tzibur (through the Sa'ir) on Yom Kipur.
4. Question: If so, all Kohanim should be exempt, for their atonement on Yom Kipur is through the Par!
5. Answer: Regular Kohanim get atonement with the Tzibur (when Parim for mistaken Hora'ah are brought).
6. Objection: A Mashu'ach also gets atonement with the Tzibur!
(n) Answer #2 (Rava): The verse discusses one who is liable for sin like (a minority of) the Tzibur (i.e. for Shegagah alone - this excludes a Mashu'ach).
3) R. ELIEZER'S OPINION
(a) (Mishnah): R. Eliezer says, a Nasi brings a Sa'ir...
(b) (R. Yochanan): R. Eliezer says this only regarding Tum'ah of the Mikdash and Kodshim, which are Chayavei Kerisus, just like sins punishable by a fixed Chatas.
(c) Support (Rav Papa): Surely R. Eliezer does not say this regarding every Oleh v'Yored!
1. The Sa'ir of a Nasi and the Par of a Mashu'ach are in place of the Chatas of a commoner; if R. Eliezer held that a Nasi brings a Sa'ir for every Oleh v'Yored, he should also say that a Mashu'ach brings a Par for (every one, including) Tum'ah!
2. Since he did not say this, he must hold that a Nasi only brings for Tum'ah, for which a Mashu'ach is exempt.
(d) Question (Rav Huna brei d'Rav Noson): Perhaps R. Eliezer said this for every Oleh v'Yored; he did not mention a Mashu'ach, because he holds like R. Akiva, that a Mashu'ach is exempt for all of them!
(e) Answer (Rav Papa): R. Akiva only said that he does not bring Oleh v'Yored, but he brings a Par.
(f) (R. Yochanan): R. Eliezer admits that a Nasi does not bring an Asham (Taluy).
(g) (A reciter of Beraisos): An Asham Taluy is brought for Tum'ah of the Mikdash and Kodshim.
(h) Question (Rav Sheshes): Do you think that because they are Chayavei Kerisus and a Nasi brings a Sa'ir, an Asham Taluy is also brought for them?!
1. R. Yochanan taught, R. Eliezer admits that a Nasi does not bring an Asham Taluy!
2. This is left difficult.
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