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Menachos 109
MENACHOS 109-110 - Two weeks of study material have been dedicated by Mrs.
Estanne Abraham Fawer to honor the fourth Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner), who passed away 18 Teves 5760. May the
merit of supporting and advancing Talmud study during the week of his
Yahrzeit serve as an Iluy for his Neshamah.
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1) [line 1] LICHZEI (HEIDAN) [HAI] NAFAL; (HEIDAN) [HAI] MES - we should
investigate to find out which one (i.e. which room) collapsed; which one
(i.e. which slave) died (If we are to be consistent with the ruling of the
previous Amud, that "Bayis b'Veisi" means "Me'uleh sheb'Batim," "the choice
room of his house," then the seller can only show the buyer that the room
that belongs to him collapsed if the choice room of the house collapsed.
Similarly, the most valuable slave should belong to the buyer when the
seller specified "Eved sheb'Avadai," and our investigation to determine
which slave died should dictate whether the buyer lost his money or not.)
2) [line 1] LOKE'ACH KA AMART? - Are you asking about a buyer?
3) [line 2] SHANI LOKE'ACH, D'YAD BA'AL HA'SHTAR AL HA'TACHTONAH - [the case
of] a buyer is different, since the bearer of a document has the lower hand
(and we rule that the seller has sold the object with the lesser value of
the two possibilities) (YAD BA'AL HA'SHTAR AL HA'TACHTONAH)
Yad Ba'al ha'Shtar Al ha'Tachtonah means that the bearer of the Shtar has
the lower hand (and may collect only the smaller amount). This is because of
the principle, "ha'Motzi me'Chaveiro Alav ha'Re'ayah" - the general rule in
monetary claims is that the burden of proof rests with the one who wishes to
extract payment or other items of value from the other person. Hence, in the
case of the seller and buyer, the buyer -- who is the one holding the Shtar
Mecher (deed of sale) -- gets the object of less valuable, even though the
seller specified "Bayis b'Veisi" or "Eved sheb'Avadai," until he can prove
that the seller meant to sell him the more valuable object.
4) [line 3] HASHTA D'ASIS L'HACHI - now that you have come to this,
5) [line 6] BEIS CHONYO
(a) Beis Chonyo is the Temple of Chonyo in Alexandria, built by Chonyo, the
son of Shimon ha'Tzadik. The Gemara (Menachos 109b) brings two versions of
the story. According to Rebbi Meir, even though Chonyo was chosen by Shimon
ha'Tzadik to be the next Kohen Gadol, his older brother, Shimi, engineered a
plot of defamation against him that so insulted the Kohanim that they wanted
to kill Chonyo. He escaped to Alexandria, where he built a replica of the
Beis ha'Mikdash, offering Korbanos to Avodah Zarah.
(b) According to Rebbi Yehudah, it was Chonyo who at first did not want to
accept the position of Kohen Gadol, since Shimi was his older brother.
However, he engineered a plan to defame Shimi that so insulted the Kohanim
that they wanted to kill Shimi. When Chonyo informed them of the plan, they
wanted to kill Chonyo. He escaped to Alexandria, where he built a replica of
the Beis ha'Mikdash, offering Korbanos to HaSh-m.
6) [line 6] LO YATZA (SHECHUTEI CHUTZ)
(a) The Torah obligates a person to bring all Kodshim that are fit to be
offered as sacrifices to the Beis ha'Mikdash, as it states in Vayikra
17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting slaughtering
them outside of the Azarah ("Shechutei Chutz") and burning them or parts of
them outside of the Azarah ("Ha'ala'as Chutz"). In addition, the Tana'im
learn (Sanhedrin 34b) that casting the blood of a sacrifice outside of the
Azarah is also prohibited. The punishment for transgressing these
prohibitions is Kares (ibid. 17:9; SEFER HA'CHINUCH Mitzvah #186), and the
animal remains Asur b'Hana'ah (i.e. it is prohibited to derive any benefit
from it).
(b) The Mishnah follows the opinion that Beis Chonyo was not Avodah Zarah,
and one who offers a Korban there only transgresses the prohibitions of
Shechutei Chutz and Ha'alas Chutz.
7) [line 9] HAREINI NAZIR (NAZIR)
(a) If a person makes a vow to become a Nazir without stipulating a time
period, his or her Nezirus lasts for a period of thirty days. If the person
stipulates a time period (longer than thirty days), his or her Nezirus lasts
for whatever amount of time he stipulated, as long as it is. During this
period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by
touching or being in the same room as a corpse; or 3. consume any products
of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any
one of these prohibitions makes the Nazir liable to Malkus, as long as he
was warned beforehand.
(b) When a Nazir completes his period of Nezirus, he must offer three
sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram
as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of
Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos
(unleavened loaves) and 10 Rekikin (flat Matzos). One Revi'is of olive oil
is used to make the Matzos, half of it for the Chalos and half of it for the
Rekikin. He then shaves off his hair and burns it under the pot in which the
Zero'a (right hind leg) of the Shelamim is cooked (Bamidbar 6:18). (Sefer
ha'Chinuch #377)
8) [line 12] YATZA?! HA MIKTAL KATLAH! - [the Mishnah rules that the person
who states, "Harei Alai Olah she'Akrivenu b'Veis Chonyo," - "I obligate
myself to offer a Korban Olah that I will sacrifice in Beis Chonyo," and he
does offer it in Beis Chonyo, has fulfilled his obligation. At this ruling,
the Gemara challenges,] he has fulfilled his obligation?! [How could that
be? By stating initially, "Harei Alai Olah," he has obligated himself in a
Korban Olah. When he offers it in Beis Chonyo, it is considered Shechutei
Chutz, and it is considered as if] he killed the animal!
9) [line 14] AL MENAS SHE'LO ISCHAYEIV B'ACHRAYUSAH - with the stipulation
that I will not become obligated in Achrayus (insurance, one who accepts
upon himself when he sets aside an animal with which to fulfill his pledge,
that if the animal gets lost or dies, he must bring another in its place).
Saying that he will offer a sacrifice in Beis Chonyo is tantamount to saying
that he plans to kill the animal; he is not obligated to offer any
sacrifice. However, he is still Chayav Kares for Shechitas Chutz if he
sacrifices it in Beis Chonyo, since he called the animal an Olah (RASHI).
10) [line 19] NAZIR, KAMAH D'LO MAISI KORBENOSAV, LO MISKASHER - a Nazir, as
long as he does not offer his sacrifices, will never become fit [to drink
wine and come into contact with dead bodies] (see above, entry #7)
11) [line 20] DORON - a present (and the person does not become obligated to
bring a Korban Olah)
12a) [line 21] IY SAGYA B'VEIS CHONYO, TARACHNA - [the person, who resides
in Chutz la'Aretz closer to Beis Chonyo than to Yerushalayim, states that]
if it is enough to bring my animal as an offering in Beis Chonyo, I will
make the effort
b) [line 21] TEFEI LO MATZINA ITZTA'UREI - more than that I am not able to
tolerate
13) [line 23] L'TZE'UREI NAFSHEI KA MICHAVEIN - only has intentions to
afflict himself (and not to become an actual Nazir)
14) [line 28] V'HIKRIVAH B'ERETZ YISRAEL - and he sacrificed it in Eretz
Yisrael (i.e. and not in the Beis ha'Mikdash in Yerushalayim, since saying
that he will offer a sacrifice in Beis Chonyo does not obligated him to
offer any sacrifice -- RASHI)
15) [line 30] BA'MIDBAR - in the desert (he assumes that the Kedushah of the
Mishkan remains)
16) [line 30] EVER HA'YARDEN - the east bank of the Yarden River
17) [line 31] V'EIN TZARICH LOMAR L'DAVAR ACHER - and it goes without saying
that if the Kohanim served as priests for Avodah Zarah, [that they may no
longer serve in the Beis ha'Mikdash]
18) [line 33] BA'ALEI MUMIN - Kohanim who have blemishes that render them
unfit to serve in the Beis ha'Mikdash
While a Kohen who is a Ba'al Mum (see Background to Menachos 98:20) may not
perform the Avodah and offer the Korbanos, if he is Tahor he may receive a
portion of and eat Kodshim.
19) [line 37] SHECHITAH LAV SHEIRUS HU - slaughtering is not considered a
Divine rite
(a) The offering of a Korban is comprised of four main actions. These four
"Avodos" are Shechitah (slaughtering), Kabalas ha'Dam (collecting the blood
of the Korban that will be cast on the Mizbe'ach), Holachah (carrying the
blood towards the Mizbe'ach) and Zerikah (casting the blood on the outer
(b) The Kohanim are required to perform the Avodos beginning with the Avodah
of Kabalas ha'Dam. Even a non-Kohen may perform the Shechitah, and as such
it is not considered Sheirus, a Divine rite.
20) [line 44] V'RAV SHESHES AMAR LACH, L'OLAM BI'SHECHITAH; UVE'MEZID LO,
[D']NA'ASEH (MESHARES) [KOMER] LA'AVODAS KOCHAVIM - and Rav Sheshes
maintains that the Beraisa refers to Shechitah [b'Shogeg]; but when he
performs Shechitah b'Mezid, no (he may not offer his own Korban, since he is
invalidated), since he has become a Komer (priest; we must avoid the word
"Meshares," "Divine servant," since Shechitah is not considered "Sheirus")
to Avodah Zarah (the Girsa changes are from the SHITAH MEKUBETZES DH
uve'Mezid)
109b---------------------------------------109b
21) [line 1] MESHARES - (according to the SHITAH MEKUBETZES cited in the
previous entry, this word should also be "Komer" -- YT)
22) [line 7] SHAV ME'IKARO - (lit. he has repented from the beginning) i.e.
he never sinned b'Mezid; his action was *only* Shogeg
23) [line 9] HISHTACHAVAH - to bow down
24) [line 11] HODEH LA'AVODAS KOCHAVIM - he acknowledges Avodah Zarah,
saying, "You are my god"
25) [line 26] LEVANIM - white clothes
26) [line 27] SHECHORIM - black clothes
27) [line 28] L'VARECH B'SHEM (BIRKAS KOHANIM)
The Kohanim are required to bless the people with the three-fold blessing,
as described in Bamidbar 6:22-27. (The Gemara (Menachos 44a) refers to the
three verses as three separate Mitzvos Aseh.) In the Beis ha'Mikdash the
blessing was said with the Shem ha'Meforash (the Tetragrammaton). According
to Tosfos to Sotah 38a DH Harei Hu Omer, this is only true when there is
Giluy Shechinah in the Beis ha'Mikdash. Since there was no Giluy Shechinah
after the passing of Shimon ha'Tzadik, the Kohanim stopping saying Birkas
Kohanim with the Shem ha'Meforash.
28) [line 30] UNKELI - a light leather garment usually worn in the house
29) [line 31] TZILTZUL - (O.F. bendel) a thin belt that is not wider than
three strands of Shesi (warp) threads
30) [line 32] L'OHAVO - (lit. to his beloved) to his wife
31a) [line 35] SHE'LO YARAD LAH - (lit. who did not go down to it) who did
not take the position of Kohen Gadol [and yet he became jealous of his
brother and caused the building of the temple of Beis Chonyo -- RABEINU
GERSHOM]
b) [line 36] HA'YORED LAH AL ACHAS KAMAH V'KAMAH - one who does take a
position of honor, such as the Kehunah Gedolah, [should not be demoted from
that position] for he will all the more so come to be jealous and cause ruin
to Kelal Yisrael (RABEINU GERSHOM)
32) [line 47] KUMKUM SHEL CHAMIN - a pot of boiling water (this term is more
serious than "Kofso v'Nosno Lifnei ha'Ari," "tie him up and place him in
front of a hungry lion," since in this phrase he describes killing directly,
rather than in an indirect fashion)
33) [line 49] BENEI MELACHIM - [Egyptian] princes
34) [last line] SEFAS KENA'AN - the language of [the Jews who live in Eretz]
Kena'an, i.e. Hebrew
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