THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
Ask A Question about the Daf
Previous daf
Menachos, 103
MENACHOS 103 (23 Teves) - dedicated in memory of Nachum ben Shlomo Dovid
Mosenkis Z"L on his 64th Yahrzeit, by his son, Shlomo Dovid (Sid) ben Nachum
Mosenkis of Queens N.Y.
|
1) A MINCHAH OF LENTILS
QUESTION: The Mishnah states that a person who declares that he will bring a
Minchah offering of barley must bring a Minchah offering of wheat. Since one
cannot bring a Minchah offering of barley, his pledge to bring a Minchah
offering requires him to bring wheat. The Gemara earlier (81b, quoting a
Mishnah in Nazir) discusses a similar case in which a person declares that
he is a Nazir from dried figs and fig cakes. Beis Hillel there says that
such a person is not a Nazir at all. Why is he not a Nazir at all? He should
become a Nazir with all of the laws of Nezirus, just as one must bring a
Minchah of wheat when he pledges to bring a Minchah of barley!
Rebbi Yochanan explains that the Mishnah here and the view of Beis Hillel
are not incompatible. In our Mishnah, the person must bring a Minchah,
because when the person made his pledge, he knew that there is such a thing
as a Minchah being brought from barley. He made a mistake in thinking that a
*voluntary* Minchah offering may be brought from barley. The Mishnah is
saying that when we inquire about his intent, the person tells us that had
he known that one may not bring a voluntary Minchah of barley, he would have
pledged to bring a Minchah of wheat. In contrast, when a person pledges to
become a Nazir from figs, he knows that there is no such thing (see Nazir
9b), and he has no intention to become a real Nazir. A similar case
regarding a Minchah would be when a person pledges to bring a Minchah
offering of lentils. We would know that he is not serious, since everyone
knows that there is no such thing at all as a Minchah consisting of lentils
(see end of RASHI DH Nazir).
In our Gemara, it seems that Rebbi Yochanan holds that we do not even ask
such a person about his intentions, as everyone knows that there is no such
thing as a Nazir from figs, or a Minchah of lentils.
The RAMBAM (Hilchos Ma'aseh ha'Korbanos 17:9) does not learn this way. He
understands that whether someone pledges to bring a Minchah of barley or of
lentils, we ask him for the reasoning behind his remark. If he says that had
known that there is no such thing, he would have pledged to bring a Minchah
of wheat, then he is obligated to bring a Minchah. The Rambam's ruling is
difficult to understands. Rebbi Yochanan clearly says that Beis Hillel holds
that there is a difference between barley -- which people could mistakenly
think can be brought as a voluntary Minchah offering, and lentils -- which
no one would mistakenly think can be brought as a Minchah offering.
According to the Rambam, there seems to be no difference at all, since, in
either case, we ask the person what his intention was!
ANSWERS:
(a) The KESEF MISHNEH answers that the Rambam rules like the opinion of
Ze'iri (103b), who argues with Rebbi Yochanan in this regard. Ze'iri states
that the Halachah of the Mishnah applies when the person says that he wants
to bring a "Minchah from the barley (Minchah Min ha'Se'orim)." We interpret
his statement to mean that he wants to bring a Minchah offering, that
happens to consist of barley. In contrast, if he says that he wants to bring
a "Minchah of barley (Minchas Se'orim)," then we interpret his statement to
mean that he wants to bring specifically a barley-Minchah. Since such a
thing does not exist, he does not have to bring any Minchah at all. The
Rambam understands that Ze'iri is teaching that when one says, "Minchah
Min...," he means that he wants to bring primarily a Minchah, and he is then
merely qualifying what it will consist of. Therefore, even if one says,
"Minchah Min ha'Adashim (Minchah from the lentils)," we must ask him what he
meant. This is why the Rambam writes that the cases involved are "Minchah
Min ha'Se'orim O Min ha'Adashim."
The LECHEM MISHNEH says that this explanation is difficult. Why should the
Rambam learn that Ze'iri is arguing with Rebbi Yochanan? The simple
explanation of Ze'iri's words is that he is merely qualifying further the
Mishnah's case of barley, and explaining the exact language used in the
Mishnah. He may agree with the logic of Rebbi Yochanan that no person would
mistakenly say a "Minchah from lentils!"
(b) The Lechem Mishneh therefore learns that the Rambam's cases of "Minchah
Min ha'Se'orim O Min ha'Adashim" is actually one case. The Rambam rules like
Rebbi Yochanan that we do not even have to ask about the intention from a
person who says that he wants to bring a "Minchah Min ha'Adashim (Minchah
from the lentils)." The only case we must inquire about regarding lentils is
when one says that he wants to bring a Minchah from *either barley or
lentils.* Since the person mentioned barley, which is subject to error, we
must inquire about his intent even though he also mentioned lentils. This is
why the Rambam writes that the case is "Minchah Min ha'Se'orim O Min
ha'Adashim."
(c) The ZEVACH TODAH in fact takes out the word "Adashim (lentils)" from the
Rambam's words and replaces it with the word "Kemach," which a person could
easily think is brought for a Minchah, instead of Soles (see also MAHARI
KURKAS). (Y. Montrose)
103b
2) " SHE'EIN RA'UY L'VILAH" REGARDING AN "ISUR D'RABANAN"
OPINIONS: The Gemara records the statement of Rebbi Zeira that "Kol ha'Ra'uy
l'Vilah, Ein Bilah Me'akeves Bo; ve'she'Ein Ra'uy l'Vilah, Bilah Me'akeves
Bo." This rule teaches that it is possible for an act which is not an
integral part of a Mitzvah to still be an obstacle to the fulfillment of the
Mitzvah. If part of the Mitzvah cannot apply at all in a certain case, then
that component of the Mitzvah prevents the fulfillment of the entire
Mitzvah. If that part can be done but just happens not to have been
fulfilled, then it does not impede the fulfillment of the entire Mitzvah.
The Gemara applies this principle here with regard to the "Belilah of a
Korban Minchah. In general, the process of Belilah, mixing the flour and oil
of a Minchah, does not make the Minchah become Pasul if it was not done.
However, if the Minchah is one that cannot possibly be mixed, as is the case
when there are sixty-one Esronim of flour, then the fact that the Minchah
was prepared in a way which eliminated the possibility of mixing it makes it
Pasul.
This rule is applied throughout the Gemara in many different situations.
Does this rule also apply to a Halachah d'Rabanan, or does it apply only to
a Halachah d'Oraisa?
(a) The ROSH in Ta'anis (4:40) discusses whether or not one should perform
Havdalah (with a cup of wine) after Tish'ah b'Av which falls on Motza'i
Shabbos. The Rosh quotes the RAMBAN who says that one does not recite
Havdalah at all after Tish'ah b'Av. Even though the Halachah is that when a
person did not recite Havdalah on Motza'i Shabbos, he may recite Havdalah on
Sunday night, that applies only when it was possible for him to have made
Havdalah on Motza'i Shabbos. When Tish'ah b'Av falls on Motza'i Shabbos, one
is forbidden from reciting Havdalah, and thus we apply Rebbi Zeira's
principle and say that since Havdalah could not be recited on Motza'i
Shabbos, it cannot be recited at all.
(b) The Rosh quotes the BEHAG who argues with the Ramban and says that we
indeed do recite Havdalah after Tish'ah b'Av that falls on Motza'i Shabbos.
The Rosh cites that the practice follows the view of the Behag. Although the
Rosh does not state so explicitly, we can understand that the Behag argues
with the Ramban and does not apply Rebbi Zeira's principle to a situation
where it is an Isur d'Rabanan that makes the act unfit.
The Behag's position is clarified further by the statement of TOSFOS in
Sukah (38b, DH Shama v'Lo Anah). Tosfos discusses a case in which a person
is in the middle of his silent Shemoneh Esreh when the rest of the
worshippers begin saying Kedushah. What should he do? Tosfos quotes the
Behag and RASHI who say that one should listen to the Shali'ach Tzibur's
recitation of the Kedushah, thereby fulfilling the Mitzvah of Kedushah
through the concept of "Shome'a k'Oneh". If Rebbi Zeira's principle applies
even with regard to Mitzvos d'Rabanan, then how can the Behag say that one
fulfills Kedushah through "Shome'a k'Oneh"? Since the person cannot actually
respond to Kedushah at that point, since he is not allowed to interrupt his
Shemoneh Esreh, he should not be able to fulfill his obligation at all!
(Indeed, we find that there is an opinion in the Rishonim (see SHIBOLEI
HA'LEKET #20 in the name of the RAVASH) that holds that one cannot fulfill
Kedushah in this way because of the principle of Rebbi Zeira.)
(TOSFOS in Berachos (21b, DH Ad she'Lo Yagi'a) quotes the RI and RABEINU TAM
who argue with the Behag's ruling regarding listening to Kedushah. Their
reasoning, though, seems to be that although a person could technically
fulfill Kedushah by listening to the Shali'ach Tzibur, one should not
attempt to fulfill Kedushah by listening because the principle of "Shome'a
k'Oneh" would make it as if one is talking during his Shemoneh Esreh. Their
reason is not appear that they hold that Rebbi Zeira's principle should be
applied in this case. See also Shibulei ha'Leket loc. cit., and the RAN in
Sukah (19b of the pages of the Rif), who clearly differentiate between the
opinion of the Ri and the opinion that applies Rebbi Zeira's principle to an
Isur d'Rabanan.)
There also seems to be a clear proof from the Gemara in Eruvin (38b) that
Rebbi Zeira's principle does not apply in the case of an Isur d'Rabanan. The
Gemara there discusses making an Eruv Techumin with one's feet on the second
day of Yom Tov which falls on Erev Shabbos, in order to enable himself to
walk farther on Shabbos. The Gemara at that point assumes that in order for
such an Eruv Techumin to be effective, the person must declare, "Shevisasi
b'Mekomi" ("my place of resting is in my present location"). The Gemara asks
that making such a declaration on Yom Tov should be prohibited, since it is
prohibited to prepare for Shabbos on Yom Tov. The Gemara answers that since
the person could have said "Shevisasi b'Mekomi" if not for the problem of
preparing for Shabbos on Yom Tov, it is considered as though he said it.
This is despite the fact that he would have transgressed the prohibition of
Hachanah had he made this declaration. The MAHARSHAM and NIMUKEI HA'GRIV in
Eruvin say that this is a clear proof that we do not apply Rebbi Zeira's
rule to an Isur d'Rabanan. (See, however, the explanation of the NACHAL
ARAVIM to the Gemara in Eruvin. According to his explanation, it is possible
to refute this proof and to defend the opinion of the Ramban and Ravash.)
HALACHAH: The SHULCHAN ARUCH (OC 104:7, 556:1) and others rule like the
Behag, both regarding listening to Kedushah and regarding making Havdalah on
Sunday night after Tish'ah b'Av. Thus, the Halachah seems to be that Rebbi
Zeira's principle does not apply to an Isur d'Rabanan. (Y. Montrose)
Next daf
|