ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kesuvos 25
Questions
1)
(a) According to the alternative explanation, Hatirshasa permitted the
family of Barzilai to continue eating Terumah de'Rabbanan (as they had done
in Bavel, but not Terumah d'Oraysa). Terumah d'Oraysa - is Terumas Eretz
Yisrael, and Terumah de'Rabbanan - Terumas Chutz la'Aretz.
(b) By learning this way - we gain the Kashya that we asked above (Why can
we not prove from Ezra that 'Ein Ma'alin mi'Terumah le'Yuchsin'?) - because
that would only apply if they had eaten Terumah d'Oraysa, but not, Terumah
de'Rabbanan.
(c) When Rebbi Yossi said 'Gedolah Chazakah' - he now meant that the Heter
to eat Terumah de'Rabbanan remained intact due to the Chazakah, in spite of
the fact that we really ought to have decreed Terumah de'Rabbanan on account
of Terumah d'Oaraysa (for fear that they might go on to permit it).
(d) The problem with this explanation from the Pasuk "Asher Lo Yochlu
mi'Kodesh ha'Kodashim" however, is from the implication - 'mi'Kodesh
ha'Kodashim Hu de'Lo Achol, Ha bi'Terumah d'Oraysa, Achol'?
2)
(a) Seeing as Hatirshasa was not coming to permit Terumah d'Oraysa (when he
said "Asher Lo Yochlu mi'Kodesh ha'Kodashim"), when he said ...
1. ... "mi'Kodesh" - he must have meant something that is called Kodesh,
meaning Terumah.
2. ... "ha'Kodashim" - ... something that is called Kodshim ('Moram min
ha'Kodashim' - the chest and the right calf of each Sh'lamim that was given
to the Kohen, and which could be eaten even by their wives, children and
slaves).
(b) The Beraisa states 'Chazakah li'Kehunah Nesi'us Kapayim, be'Bavel,
va'Achilas Chalah be'Surya, ve'Chiluk Matanos bi'K'rachim'. The reason that
...
1. ... Nesi'as Kapayim (Duchening) is more of a Chazakah in Bavel than
eating Terumah is - because whereas the former is d'Oraysa, the latter is
only de'Rabbanan.
2. ... Nesi'as Kapayim considered a better Chazakah in Bavel than in other
places in Chutz la'Aretz - because there was a Yeshivah and a fixed Beis-Din
there who would made certain that only established Kohanim Duchened.
(c) Eating Chalah (or Terumah) ...
1. ... does not constitute a Chazakah in Bavel - because Terumah in Bavel is
not min ha'Torah.
2. ... constitutes a Chazakah in Syria however - because, seeing as this
Tana holds 'Kibush Yachid Sh'mei Kibush' (whatever a King of Yehudah
captures and annexes, even if he does so in a private capacity [before he
has captured the rest of Eretz Yisrael], becomes part of Eretz Yisrael).
Syria therefore, which David ha'Melech captured in this manner, is
considered part of Eretz Yisrael.
(d) Despite the fact that Zarim are permitted to eat Matanos, the fact that
someone ate Matanos in a large city is considered proof that he is a Kohen -
because, since large cities contain many public places, where the person
eating is bound to be seen, a Yisrael would not have the Chutzpah to eat the
Matanos there.
3)
(a) We refute the proof from the above Beraisa that one can attest to a
Kohen's lineage from the fact that he Duchens (Birchas Kohanim) - by
establishing the proof that he is a Kohen to pertain to eating Terumah, but
not to Yuchsin.
(b) Initially, we query this from 'Chazakah li'Kehunah ... va'Achilas Chalah
be'Surya' which we think, must come to attest to Yuchsin - because why
should we need the Kohen to eat Chalah (which is also known as Terumah) to
permit him to eat Terumah?
(c) We conclude that the Chazakah of eating Chalah too, comes to permit the
Kohen to eat Terumah. The reason that ...
1. ... we need Chalah (which is also called Terumah, as we just explained)
to permit Terumah - is because in the opinion of this Tana, Chalah nowadays
is de'Rabbanan, whereas Terumah is d'Oraysa.
2. ... we permit the 'Kohen' to eat Terumah d'Oraysa on the basis of the
fact that he eats Chalah de'Rabbanan is - because, had we even suspected
that he is not really a Kohen, we would have issued a decree forbidding him
to eat Terumah de'Rabbanan on account of Terumah d'Oraysa.
4)
(a) Another Beraisa states 'Chazakah li'Kehunah Nesi'as Kapayim ve'Chiluk
G'ranos (Terumah) ... '. Both of these attest to a Kohen's lineage in Eretz
Yisrael. The two locations in which the Tana considers Nesi'as Kapayim a
Chazakah, but not Chiluk G'ranos - are Syria and up to the point that the
Sh'luchei Beis-Din are able to reach before Pesach (presumably on
horseback), because he holds that a. Terumah there is only mi'de'Rabbanan,
and b. 'Kibush Yachid Lo Sh'mei Kibush'.
(b) 'Makom she'Sh'luchei Rosh Chodesh Magi'in' constitutes a journey of
fifteen days.
(c) This Beraisa holds 'Ma'alin mi'Chalah li'Terumah' (as well as Yuchsin).
According to the Rabbanan of Rav Huna Brei de'Rav Yehoshua, even those who
hold that Terumah nowadays is de'Rabbanan, will agree that Chalah is
d'Oraysa - because during the seven years of conquest (of Eretz Yisrael) and
the seven years that they distributed it, they were Chayav Chalah but not
Terumah.
(d) The Rabbanan learn from the ...
1. ... Pasuk "be'Vo'achem el ha'Aretz" (mentioned in connection with
Chalah) - that the obligation to separate Chalah came into effect from the
moment they entered Eretz Yisrael, .
2. ... Torah's connecting the Din of Ma'aser to that of Sh'mitah - that the
obligation to separate Ma'asros did not come into effect until Sh'mitah did,
after the fourteen years of conquest and distribution.
5)
(a) The Tana Kama of the Beraisa says 'u'Bavel ke'Surya'. Raban Shimon ben
Gamliel - also includes Alexandria of Egypt (in the time of the first Beis
Hamikdash), because Beis-Din was fixed there.
(b) The basis of the Machlokes between this latter Beraisa (which does not
consider 'Chiluk G'ranos' a Chazakah in Syria, and the previous one, which
considers eating Chalah a Chazakah is - whether 'Kibush Yachid Sh'mei Kibush
(the first Beraisa), or not (the second Beraisa).
(c) Rav Huna Brei de'Rav Yehoshua disagrees with the Rabbanan with regard to
the corollary between Chalah and Terumah. According to him - even those who
hold that Terumah nowadays is d'Oraysa, will agree that Chalah is only
mi'de'Rabbanan.
6)
(a) The Tana of the Beraisa learns from the Lashon "be'Vo'achem" (in the
plural) - that the Chiyuv Chalah comes into effect only after the whole of
Yisrael have captured Eretz Yisrael and are living in it.
(b) We might otherwise have learned from the fact that the Torah changes
from the usual "Ki Savo'u el ha'Aretz" - that it should have come into
effect as soon as even two or three spies entered it (*before* the Chiyuv
Terumah became effective).
25b---------------------------------------25b
Questions
7)
(a) Yet another Beraisa states 'Chazakah li'Kehunah Nesi'as Kapayim
ve'Chiluk G'ranos ve'Eidus'. 'Eidus' is not a Chazakah, so we try to
interpret the Beraisa (to resolves our She'eilah [whether 'Ma'alin
mi'Nesi'as Kapayim le'Yuchsin' or not]) - 'Nesi'as Kapayim ki Eidus', just
like testimony ascertains the Kohen's Yichus, so does Nesi'as Kapayim.
(b) We refute this proof however, by explaining the Beraisa to mean 'Eidus
ha'Ba'ah Mi'Ko'ach Chazakah', and we illustrate this with a case of a man
who came before Rebbi Ami - telling him that he knew a certain person to be
a Kohen, because he was called-up first to the Torah. Rebbi Ami accepted his
testimony and pronounced him a Kohen.
(c) Rebbi Ami knew that he was not an Adam Gadol who is sometimes called-up
first even when there is a Kohen (though nowadays, this is not done) -
because a Levi was called-up after him.
(d) This is based on the Gemara in Gitin, which says that when there is no
Kohen, 'Nispardah ha'Chavilah', which simply means that, when there is no
Kohen, one does not call-up a Levi at all - or it might mean that they may
then call-up a Yisrael before the Levi (though if there is a Kohen present,
as there was in this case, one would call-up the Levi after the Adam Gadol
either way).
8)
(a) In a similar incident, based on the testimony of a witness, Rebbi
Yehoshua ben Levi ruled that a certain man who was called-up for Sheini, was
a Levi. He knew that this was not because he was an Adam Gadol - because a
Kohen was called-up before him.
(b) When there is no Levi - one calls-up two Kohanim (or, as we do, the same
Kohen twice).
(c) One then calls-up an Adam Gadol - for Sh'lishi.
9)
(a) Resh Lakish asked that man who testified that someone must be a Kohen
because he had seen him called-up to the Torah first - whether he had seen
him receiving Terumah in the granary or not.
(b) Rebbi Elazar queried Resh Lakish - Did it mean, he asked him, that
wherever there were no granaries, the Din of Kehunah would fall away.
(c) When, on another occasion, Rebbi Yochanan made the same comment as Rebbi
Elazar - Resh Lakish gave Rebbi Elazar a dirty look, because he understood
that Rebbi Elazar must have heard it from Rebbi Yochanan his Rebbe, but said
it S'tam, as if it was his own concept.
(d) When Resh Lakish spoke of bar Nafcha - he was referring to Rebbi
Yochanan, who was called by that name either because his father was a
blacksmith or because he was extremely good-looking (and it is a 'Lashon
Sagi Nahor', because 'bar Nafcha' has connotations of ugliness, either
because a blacksmith is black and grimy, or from the Lashon 'Nafach' -
swollen).
10)
(a) Rebbi rules in a Beraisa, in a case where a man testified 'B'ni Hu
ve'Kohen Hu' - that he is believed to feed him Terumah but not to permit him
to marry (see Tosfos DH 'Harei').
(b) When Rebbi Chiya objected that if a man's father is believed to feed his
son Terumah, then he should also be believed with regard to marriage - that
he is believed to feed him Terumah because it lies within his power to feed
him Terumah, but not with regard to marriage, because he does have the power
to marry him off (according to Rashi, we suspect that he is a Mamzer or a
Nasin. See however, Tosfos 24a. DH 'Aval Eino Ne'eman').
(c) We prove from this Beraisa - that it is Rebbi who believed a man to
instate his son as a Kohen.
(d) If Rebbi believed a father to feed his son Terumah, Rebbi Chiya believed
a man to instate his brother as a Levi. Rebbi Chiya does not agree with
Rebbi. In his opinion, a father is not believed with regard to his son. The
problem with this is - why should we believe a brother more than we believe
a father (seeing as the one is as much a relative as the other).
11)
(a) To answer the above Kashya - we establish Rebbi Chiya by 'Masi'ach Lefi
Tumo' (meaning that in the case of a brother, he is not testifying, but just
relating without any intention of giving evidence) as in the forthcoming
case.
(b) Rav Yehudah Amar told about a certain man who recalled how - when he
was a child, his father fetched him from school, and took him on his
shoulders down to the river. There, he removed his shirt, Toveled him and
fed him Terumah that night - because Terumah requires 'Ha'arev-Shemesh'.
(c) Rebbi Chiya concluded the story - that his friends kept away from him
(because he was eating Terumah - and they were not Kohanim) and called him
'Yochanan Ochel Chalos'.
(d) Rebbi accepted Rebbi Chiya's testimony - and instated that man as a
Kohen.
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