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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Makos 4
1) WHAT MIXTURES DISQUALIFY A MIKVAH
(a) Question (Beraisa - R. Chiya): (In Rav's case) the Mikvah
is disqualified.
(b) Answer (Rava): Rav holds like R. Yochanan ben Nuri, R.
Chiya holds like Chachamim.
1. (Mishnah): If a Kortov of wine fell into water; the
volume of the mixture is three Lugim, and it looks
like wine - the mixture does not disqualify a
Mikveh;
2. Similarly, if a Kortov of milk fell into water; the
volume of the mixture is three Lugim, and it looks
like water - the mixture does not disqualify a
Mikveh;
i. R. Yochanan ben Nuri says, it all depends on
the appearance (if it looks like water, it
disqualifies a Mikveh).
(c) Question: Rav Papa was unsure about this!
1. Question (Rav Papa): Did Rav's text of the first
clause of the Mishnah say that the volume of the
*mixture* is three Lugim, but if there were three
Lugim of water alone, Chachamim disqualify the
Mikvah?
i. If so, Rav holds like R. Yochanan ben Nuri.
2. Or, did Rav's text say that the volume of the water
is three Lugim, and R. Yochanan ben Nuri only argues
in the second clause?
i. If so, Rav's law is according to everyone.
(d) Answer: Rav Papa was unsure, Rava was sure (that Rav
holds like R. Yochanan ben Nuri).
(e) Rav Yosef: I (was a Talmid of Rav, I) never hear this
teaching!
(f) Abaye: You yourself taught us, Rav's text says that there
are three Lugim of water, Rav's law is according to
everyone! (Rav Yosef forgot his learning when he fell
sick.)
2) CONCERN THAT A LIQUID DID NOT DISPERSE
(a) Version #1 - Rashi - (Rav Yehudah): If a barrel of water
fell into the Mediterranean, one who immerses there
(Ya'avetz - in the barrel) may not eat or touch Terumah,
we are concerned that three Lugim remain there (of the
original water - if three Lugim of Mayim She'uvim fall on
a person (who immersed today), he is Tamei mid'Rabanan).
(b) Version #2 - Tosfos - (Rav Yehudah): If a barrel of wine
fell into the Mediterranean, immersion there does not
help, we are concerned that the wine did not disperse
(and he immersed in wine, not water). (End of Version #2)
1. This only applies to the Mediterranean, which is
stagnant, but rivers flow.
(c) Support (Beraisa): If a barrel of wine fell into the
Mediterranean, immersion there does not help, we are
concerned that (three Lugim of She'uvim - many delete
this from the text) the wine did not disperse;
1. Similarly, if a Terumah loaf fell in (after a man
immersed), it is Tamei (lest it touched wine that
the man was Metamei).
(d) Question: What does the latter clause teach that we do
not know from the first?
(e) Answer: One might have thought, it does not help to
immerse, because we leave a Tamei person on his Chazakah,
and likewise we leave the loaf on its Chezkas Taharah -
the latter clause teaches, this is not so.
3) ARE EDIM ZOMEMIM LASHED FOR "LO SA'ANEH"?
(a) (Mishnah - R. Meir): If Edim Zomemim testified that
Reuven owes 200 Zuz, they are lashed and pay, for
different verses obligate lashes and payment;
(b) Chachamim say, anyone who pays is not lashed.
(c) R. Meir says, if Edim Zomemim testified that Reuven is
liable to receive 40 lashes, they receive 80 lashes, 40
for "Lo Sa'aneh", and 40 for "Va'Asisem Lo Ka'asher
Zamam";
(d) Chachamim say, he is only lashed 40.
4b---------------------------------------4b
(e) Version #1 (Gemara) Question: We understand Chachamim -
they learn from "Kedei Rish'aso", a person only receives
one punishment for his evil;
1. Why does R. Meir argue?
(f) Answer (Ula): He learns from Motzi Shem Ra (a man who
claims that the wife he just married was not a virgin),
who is lashed and pays (if found to be lying).
(g) Question: We cannot learn from Motzi Shem Ra, that is a
Kenas!
(h) Answer: R. Meir holds like R. Akiva who says that Edim
Zomemim is a Kenas.
(i) Version #2 (Beraisa - R. Yehudah): "Lo
Sosiru...(veha'Nosar...ba'Esh Tisrofu)" - the verse gives
an Ase to fix the Lav, therefore one is not lashed for
it.
1. (R. Yakov): No, one is not lashed because this Lav
is transgressed without an action, one is not lashed
for such Lavim.
i. Inference: R. Yehudah holds that one is lashed
for such Lavim.
(j) Question: What is R. Yehudah's source?
(k) Answer #1 (Ula): He learns from Motzi Shem Ra, who did
not do an action, yet he is lashed.
(l) Question: We cannot learn from Motzi Shem Ra, he is
lashed and pays (which is more stringent than other
transgressions)!
(m) Answer #2 (Reish Lakish): He learns from Edim Zomemim,
who did not do an action, yet they are lashed.
(n) Question: We cannot learn from Edim Zomemim, they are
lashed without warning (which is more stringent than
other transgressions)!
(o) Answer: Motzi Shem Ra proves that this is not the reason
(he did not do an action and is lashed, even though he
must be warned).
1. Each has its own stringency unlike the other; we
learn from the Tzad ha'Shavah (common side) of them
- they did not do an action, yet they are lashed -
likewise, one is lashed for any Lav without an
action.
(p) Question: We cannot learn from the Tzad ha'Shavah, both
the sources (Motzi Shem Ra and Edim Zomemim) are Kenasos!
(q) Answer: R. Yehudah says that Edim Zomemim is not a Kenas,
he argues with R. Akiva.
(r) Question: We cannot learn from the Tzad ha'Shavah, both
the sources have stringencies not found in other
transgressions!
(s) Answer: R. Yehudah does not consider that a refutation of
the Tzad ha'Shavah.
4) HOW CHACHAMIM EXPOUND "LO SA'ANEH"
(a) Question: What do Chachamim expound from "Lo Sa'aneh"?
(b) Answer: It is a warning to Edim Zomemim.(without a
warning, they would not be lashed).
(c) Question: According to R. Meir, what is the warning to
Edim Zomemim?
(d) Answer (R. Yirmeyah): It is "Veha'Nish'arim Yishme'u
v'Yira'u v'Lo Yosifu (La'asos Od ka'Davar ha'Ra ha'Zeh)".
1. Chachamim use this to teach that we announce before
killing Edim Zomemim.
2. R. Meir learns this from "Yishme'u v'Yira'u".
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