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Nazir 23
1) [line 9] MAKAS MARDUS
Beis Din has the power to inflict lashes upon a person when lashes
mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit.
lashes for rebelliousness) and may be unlimited in number. (See Insights to
Chulin 141:3 and Nazir 23:1, for a discussion of the various opinions
regarding how Makas Mardus is administered)
2a) [line 18] "...V'LO YADA V'ASHEM V'NASA AVONO." - "[And if a person sins,
and commits any of these things which are forbidden to be done by the
commandments of HaSh-m;] though he knew it not, yet he is guilty, and shall
bear his iniquity." (Vayikra 5:17)
b) [line 18] V'LO YADA V'ASHEM V'NASA AVONO (ASHAM TALUY)
(a) If a person is in doubt whether or not he committed a transgression for
which he must bring a Korban Chatas, he temporarily brings a Korban Asham
Taluy, which is a ram worth two Sela'im (Vayikra 5:17). If he later
discovers that he did indeed sin, he must offer a Korban Chatas; the Asham
Taluy only provides temporary atonement during the period of doubt.
(b) Certain Tana'im, including Isi ben Yehudah, rule that a person is only
obligated to bring an Asham Taluy if there are "two pieces, one of which was
eaten" (Chatichah mi'Shtei Chatichos). For example, if a person ate one out
of two pieces of fat, where one was Shuman (permitted fat) and the other was
Chelev (forbidden fat -- see next entry), and he later found out that he may
have eaten the forbidden piece, he has to bring an Asham Taluy. If he has a
doubt whether one piece of fat that he ate was Shuman or Chelev, he does not
bring an Asham Taluy. Other Tana'im, including Rebbi Akiva, rule that even
in the latter case he brings an Asham Taluy.
3) [line 21] CHELEV
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4). "Shuman" refers to all the other fat of an animal that is
permitted.
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated
animal), but it may be used for any other purpose. The Chelev of a Chayah (a
Kosher wild animal), however, may even be eaten.
(c) If a person eats Chelev b'Mezid (intentionally), he is Chayav Kares;
b'Shogeg (unintentionally) he must bring a Korban Chatas, as in the Shogeg
of all other sins that one is liable to Kares b'Mezid. The Korban Chatas is
a female goat or sheep. If a person is in doubt whether the fat he ate was
Chelev or Shuman, he must bring a Korban Asham Taluy.
4) [line 29] AL DAVAR ZEH YIDVU HA'DEVEI'IM - for this thing all those who
mourn should grieve (the implication is that Isi ben Yehudah is claiming
that only for *this* thing should one grieve, i.e. Chatichah Achas mi'Shtei
Chatichos (lit. One out of two pieces -- see above, entry 2b:b) and not
Chatichah Achas like Rebbi Akiva -- ETZ YOSEF)
5) [line 38] LO IKBA ISURA - it was never established that there was a
definite prohibition from which to refrain
6) [line 41] ACHALO L'SHEM ACHILAH GASAH - ate it for the sake of gluttony,
i.e. (a) with a craving for tasty food (MEFARESH); (b) without any appetite
for eating (TOSFOS)
7) [line 49] "...ELCHAH ACHAREI ME'AHAVAI, NOSNEI LACHMI U'MEMAI, TZAMRI
U'FISHTI, SHAMNI V'SHIKUYAI." - "[For their mother has played the harlot;
she who conceived them has done shamefully; for she said,] I will go after
my lovers, who give me my bread and my water, my wool and my flax, my oil
and my drinks." (Hoshea 2:7)
8) [last line] DEL'FANYA ACHARINA - that on the following night
9) [last line] "ACH NIFSHA MI'KIRYAS OZ, U'MIDYANIM KI'VERI'ACH ARMON." - "A
brother offended is harder to be won than a fortified city; and their
quarrels are like the bars of a castle." (Mishlei 18:19) - The Gemara
interprets the first part of this verse to mean, "A brother (Lot, based on
Bereishis 13:8) rebelled against [and forsook] a fortified city (Avraham,
based on Yeshayah 51:1-2)..."
23b---------------------------------------23b
10) [line 3] SHE'HITIL MIDYANIM KI'VERICHIN V'ARMON - who caused arguments
that separated them like the bolts and [the doors that prevent outsiders
from entering] a fortress
11) [line 5] "L'SA'AVAH YEVAKESH NIFRAD; B'CHOL TUSHIYAH YISGALA'" - "One
who removes himself [from HaSh-m and his Mitzvos] to fulfill his desires
will be exposed in every Torah gathering." (Mishlei 18:1)
12) [line 18] YA'EL ESHES CHEVER HA'KENI (The Battle of Nachal Kishon /
Milchemes Sisra)
(a) After the death of the Shofet Ehud ben Geira, Benei Yisrael became lax
in their observance of Torah and Mitzvos. In order to prompt them to do
Teshuvah, HaSh-m caused King Yavin of Chatzor to attack and subjugate them.
After twenty years of subjugation under the cruel general Sisra, Benei
Yisrael finally repented and cried out to HaSh-m to save them.
(b) Since they were now worthy of redemption, HaSh-m told Devorah the
prophetess that if Benei Yisrael wage war against Sisra, they will be
successful. She and Barak ben Avino'am led Benei Yisrael to victory, with
the help of HaSh-m, who caused a flash flood in Nachal Kishon that wiped out
much of Sisra's army and all of his 900 iron chariots. Sisra escaped the
battlefield, only to be killed by Ya'el, the wife of Chever ha'Keini. The
account of this battle and the glorious Song of Devorah that it inspired are
recorded in Shoftim 4-5.
13) [line 22] BEIN RAGLEHA KARA, NAFAL, SHACHAV; [BEIN RAGLEHA KARA NAFAL,
BA'ASHER KARA SHAM NAFAL SHADUD]." - "At her feet he bent, he fell, he lay
down; [at her feet he bent, he fell; where he bowed, there he fell down,
shattered]." (Shoftim 5:27) - The Gemara refers to the seven times that the
words Kara, Nafal and Shachav appear in this verse.
14) [line 23] V'HA KA MIS'HANYA ...? - [Why does the verse (Shoftim 5:24)
praise her so much?] Did she not derive pleasure from the sin? (TOSFOS DH
v'Ha)
15) [line 7] EINAH ELA RA'AH - it is only bad (because as the Gemara
explains in Yevamos 103b, Ka Shadi Bah Zuhama, he injected filth into her)
16) [line 35] MEKAPE'ACH - withhold
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