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


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Makos 21

MAKOS 21-24 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) "SERITAH" WITH AN INSTRUMENT

(a) (Shmuel): Seritah with an instrument is liable.
(b) Question (Beraisa): Seritah and Gedidah are the same, just Seritah is by hand, Gedidah is with an instrument.
(c) Answer: Shmuel's law is according to R. Yosi.
(d) A reciter of Beraisos: One is liable on account of a Mes whether he scratched by hand or with an instrument;
1. One who scratches for the sake of idolatry is liable only by hand.
(e) Objection: The verse says just the contrary - Va'Yisgodedu k'Mishpatam ba'Charavos uva'Rmachim"!
(f) Correction: One who scratches for the sake of idolatry is liable only with an instrument.
2) "PE'AS HA'ROSH" AND "PE'AS HA'ZAKAN
(a) (Mishnah): He is lashed for each Pe'as ha'Rosh.
(b) Rav Sheshes pointed to the sideburns
(c) (Mishnah): He is lashed for each Pe'as ha'Zakan - two on each side and one below.
(d) Rav Sheshes pointed to the five corners.
(e) (Mishnah - R. Eliezer): If he cut them at once (at the same moment; alternatively, with one warning, without stopping), he is liable only once.
(f) He holds that one Lav forbids all the corners.
(g) (Mishnah): He is liable only if he shaved (the beard; some say, or the sideburns) with a razor.
(h) (Beraisa) Suggestion: "U'F'as Zekanam Lo Yegalechu" - perhaps one is liable for shaving with scissors!
1. Rejection "V'Lo Sashchis" - he is liable only if the entire hair is removed.
2. Suggestion: Perhaps one is liable for removing the hair with a planing tool (or tweezers)!
3. Rejection "Lo Yegalechu".
i. He is liable only for shaving that removes the entire hair, i.e. with a razor.
(i) (Mishnah - R. Eliezer): He is liable even if he cut them with a planing tool (or tweezers).
(j) Question: Either way you say, this is difficult!
1. If R. Eliezer learns the Gezerah Shavah "Pe'as-Pe'as" (to teach that "Lo Yegalechu" written regarding Kohanim applies to "V'Lo Sashchis" written regarding Yisraelim), he should obligate only for a razor;
2. If he does not learn the Gezerah Shavah, he should obligate also for scissors!
(k) Answer: He learns the Gezerah Shavah; he holds that a planing tool (and tweezers) also shave.
3) TATOOING
(a) (Mishnah): Tatooing (is done by making incisions in the skin and writing with dye which gets absorbed):
1. He is liable only if he wrote *and* made incisions;
2. He is liable for writing with dye, mascara or anything that makes a lasting impression.
(b) R. Shimon says, he is liable only if he writes Hash-m's name - "U'Chsoves Ka'a'kah Lo Sitnu Bachem Ani Hash-m"
(c) (Gemara - Rav Acha brei d'Rava) Question: Must he write 'Ani Hash-m'?
(d) Answer (Rav Ashi): R. Shimon does not refer to Hash-m's name;
1. (Bar Kapara): He is liable only if he writes the name of idolatry - "...Ani Hash-m" - not another (god).
(e) (Rav Malkiya): It is forbidden to put ashes on a wound, because it looks like a tattoo.
(f) Version #1 (Rav Chanina brei d'Rav Ika): The following teachings are of Rav Malkiyo - spit, slaves, and hair follicles;
1. The following teachings are of Rav Malkiya - Bluris (hair that is grown long and shaved off for the sake of idolatry), ashes, and cheese.
(g) Version #2 (Rav Papa): The teachings that explain Mishnayos and Beraisos are of Rav Malkiya; the teachings that have no source in the Tana'im are of Rav Malkiyo.
(h) The versions argue regarding slaves (Rav Papa attributes it to Rav Malkiya; some say, they also argue about ashes, Rav Papa attributes it to Rav Malkiyo).
(i) Rav Bivi bar Abaye was careful not to put ashes even on a bloodletting wound.
(j) (Rav Ashi): Wherever there is a wound, it is permitted (all recognize that this is for healing).
4) MULTIPLE LASHES FOR REPEATED TRANSGRESSIONS
(a) (Mishnah): If a Nazir was drinking wine (or exposing himself to Tum'as Mes, or shaving his hair) all day, he is lashed only once; if he was warned repeatedly, he is lashed for each warning he transgressed.
(b) If a man was wearing Sha'atnez all day, he is lashed only once; if he was warned repeatedly, and he removed the garment and put it on again, he is lashed for each time.
21b---------------------------------------21b

(c) A person can be lashed eight times for plowing one furrow:
1. He plows with a Hekdesh ox and donkey;
2. He plows where Kil'ayim was planted in a vineyard, in Shemitah, on Yom Tov;
3. He is a Kohen and a Nazir plowing over Tum'as Mes.
(d) Chananya ben Chakinai says, he can also be lashed for wearing Kil'ayim;
1. Chachamim: That is not on account of plowing.
2. Chananya: Also Tum'ah of a Nazir is not on account of plowing!
(e) (Gemara - Rav Bivi): He need not remove the garment and put it on again, rather, even if he remove his arm from the sleeve and puts it in again, he is liable for each time.
(f) Rav Acha brei d'Rav Ika demonstrated this ('Rashi' on the Rif; Rivan - he gestured that he must remove and put back on the entire garment).
(g) (Rav Ashi): Even if he wears it long enough to remove it and put it on again, he is lashed (for each warning).
5) LASHES FOR "KIL'AYIM"
(a) (Mishnah): For plowing one furrow...
(b) (R. Yanai): Rabanan concluded, one who covers seeds of Kil'ayim is lashed.
(c) R. Yochanan: Our Mishnah teaches this - one of the eight sets of lashes is for Kil'ayim!
1. Surely, the case is, he covers seeds of Kil'ayim!
(d) R. Yanai: You found the support because I told you the law!
(e) Reish Lakish: Had R. Yanai not agreed with you, I would have said that the Mishnah is like R. Akiva, who says that one who is Mekayem Kil'ayim (Aruch - he leaves it in his field; Tosfos (4B) - he makes a fence to protect it) is lashed!
(f) Question: Where do we find that R. Akiva says so?
(g) Answer (Beraisa): One who weeds, or covers Kil'ayim is lashed;
1. R. Akiva says, even one who is Mekayem.
(h) Question: What is his reason?
(i) Answer (Beraisa) Question: "Sadcha Lo Sizra Kil'ayim" only teaches seeding - what is the source to forbid Mekayem?
1. Answer: "Kil'ayim Sadcha Lo".
6) OTHER POSSIBLE LASHES FOR PLOWING ONE FURROW
(a) Question (Ula): He should also be lashed for planting on Yom Tov (because the plowing helps the Kil'ayim grow, as we established)!
(b) Answer #1 (Rav Nachman): Indeed, he is; the Tana omitted this.
(c) Objection (Ula): The Tana said that one can be lashed eight times, you cannot say that he omitted something!
(d) Answer #2 (Rava): The Melachos of Yom Tov are not separated (one is only lashed once even if he does several Melachos at the same time).
(e) Ula: That is a good answer.
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