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Nedarim 35
1) [line 3] KARDUMACH - your hatchet (or axe)
2) [line 10] YESH ME'ILAH B'KONAMOS
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha
Asher Tidor" - "You may not eat in your settlements...and your pledges [to
Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah
1:1-3). The minimum amount for which one transgresses this prohibition is a
Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. it's value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) There is a Machlokes Tana'im as to whether a person who makes a vow not
to eat a certain food and later eats from that food transgresses the
prohibition of Me'ilah or not. Those who rule that one does transgress the
prohibition reason that the Neder was made by declaring that a certain
object should be prohibited "like a Korban" (or like any object that is
Kadosh). As such, violating the Neder constitutes Me'ilah; see Insights to
Nedarim 2:2:a.
35b---------------------------------------35b
3) [line 2] KINEI ZAVIN
(a) A Zav, a man who emits Zov two or three times (see Background to
Pesachim 66:16 for a discussion of the Tum'ah of the Zav), whether it is
emitted in one day or in two or three consecutive days, is an Av ha'Tum'ah.
Zov is a clear discharge with the appearance of the white of a sterile or
spoiled egg, in contrast with semen, which has the consistency of fresh egg
white. Zov can also be a pus-like discharge resembling the liquid from
barley dough or soft barley batter.
(b) In order to become Tahor, a Zav must count seven "clean" days in which
he sees no Zov. On the seventh day or afterwards, he must immerse in a
spring, during the day. The following nightfall he becomes Tahor, if he did
not emit Zov again beforehand (Vayikra 15:13).
(c) If a Zav emits Zov only two times, he need not bring a Korban after he
becomes Tahor. However, if he emitted Zov three or more times, whether it is
emitted in one day or in two or three consecutive days, he has to bring a
Korban after he becomes Tahor in order to enter the Beis ha'Mikdash and to
eat Kodshim and Terumah. The Korban is two Torim (turtledoves) or two Benei
Yonah (common doves), one offered as an Olah and one as a Chatas.
4) [line 2] KINEI ZAVOS
(a) The eleven days that follow the seven days of Nidah are "days of Zivah."
If a woman experiences bleeding during these days for one or two consecutive
days, she becomes a Zavah Ketanah and is Teme'ah.
(b) If she does not experience bleeding the following night and day, she may
immerse in a Mikvah during the day to become Tehorah. She may even immerse
on the morning immediately following the day on which she saw blood, but her
Tum'ah and Taharah are contingent upon whether or not she sees blood
afterwards on that day. She is called a Shomeres Yom k'Neged Yom, because
she must *watch* the following day to confirm whether or not she sees blood.
(c) If a woman has a show of blood for three consecutive days during her 11
days of Zivah, she becomes a Zavah Gedolah. In order for her to become
Tehorah, she must count seven "clean days" during which she verifies that
she has no other show of blood. On the morning of the seventh clean day she
immerses in a Mikvah. If she does not experience bleeding during the rest of
the day she is Tehorah and no longer a Zavah. A Zavah Gedolah must bring a
Korban Zavah to permit her to enter the Beis ha'Mikdash or to eat Kodshim.
The Korban is two Torim (turtledoves) or two Benei Yonah (common doves), one
offered as an Olah and one as a Chatas.
5) [line 2] KINEI YOLDOS
(a) In Vayikra 12:1-8 the Torah discusses the laws of Tum'ah and Taharah
after childbirth. After a woman gives birth, she must wait for a certain
amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That
time period is divided into two stages: 1. During the initial stage, she has
the status of a Nidah (even if she had not seen any blood). If she gave
birth to a male, this lasts for seven days. If a female was born, this stage
lasts for two weeks. At the end of this period, she may go to the Mikvah
after nightfall. After she has gone to the Mikvah, she is permitted to eat
Terumah, if she is the wife of a Kohen. 2. During the second stage, any
blood that she sees does not give her the status of a Nidah as it normally
would. The blood that she sees during this period is called Dam Tohar.
Nevertheless, during this period, she may not eat Kodshim or enter the Beis
ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days
for a female. Thus, the total waiting period for a male is forty days and
for a female, eighty days.
(b) At the end of the above two stages, the woman may eat Kodshim and enter
the Beis ha'Mikdash after she brings a Korban Yoledes. The Korban includes a
male sheep as an Olah and a turtledove or a common dove as a Chatas. If she
could not afford a sheep, she brings 2 turtledoves or 2 common doves, one as
an Olah and one as a Chatas. (The current practice is to consider a woman a
Nidah even during the period of Dam Tohar -- see Insights to Nidah 25a.)
6) [line 3] CHATA'OS
If a person commits a sin b'Shogeg (unintentionally) for which he would be
Chayav Kares if he would have committed it b'Mezid (intentionally), he must
bring a Korban Chatas. He brings a female goat or female sheep as his Korban
Chatas.
7) [line 3] ASHAMOS
[I] ASHAM VADAI
The Torah specifies five cases where the Korban Asham Vadai is brought. The
animal offered is usually a ram that costs at least two Sela'im. The first
three involve transgressions:
1. ASHAM ME'ILOS: a person who has benefit from Hekdesh b'Shogeg must bring
a Korban Asham, besides paying the amount he benefited plus a fine of
Chomesh (Vayikra 5:14-16).
2. ASHAM GEZEILOS: a person who steals money from a fellow Jew, swears in
Beis Din that he holds no such money and later admits his sin, must return
what he stole, pay a fine of Chomesh, and bring a Korban Asham to receive
atonement (Vayikra 5:20-26).
3. ASHAM SHIFCHAH CHARUFAH: a person who has relations with a Shifchah
Charufah (e.g. a slave who was owned by two partners, and freed by one of
them, who is betrothed to a Jewish slave) must bring a Korban Asham, whether
he did the sin b'Mezid or b'Shogeg (Vayikra 19:20-22).
4. ASHAM NAZIR: this Korban (a sheep within its first year) is brought by a
Nazir who becomes Tamei during his period of Nezirus (Bamidbar 6:12).
5. ASHAM METZORA: this Korban (a sheep within its first year) is brought by
a Metzora upon the completion of his Taharah process (Vayikra 14:12).
[II] ASHAM TALUY
If a person is in doubt whether or not he committed a transgression for
which one must bring a Korban Chatas, he temporarily brings a Korban Asham
Taluy, which is a ram worth two Sela'im. 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.
8) [line 7] SHELUCHEI DI'SHEMAYA - agents of Heaven; they are not considered
to be working for those who bring the Korbanos
9) [line 12] MECHUSAREI KAPARAH
(a) There are three stages in the Taharah (purification) process of a Zav,
Zavah, Yoledes, and Metzora: 1. Tevilah (immersing in a Mikvah or Ma'ayan);
2. He'erev Shemesh (nightfall after the Tevilah); 3. a Korban.
(b) The above Teme'im may not eat Terumah until nightfall after the Tevilah.
They may not eat Kodshim until they have brought their Korbanos. A Tamei who
has only immersed is called a Tevul Yom until nightfall. After nightfall he
is called a *Mechusar Kaparah* until he brings his Korban.
10) [line 19] MESHAMSHOS B'MOCH - are permitted to have relations using
cloths to prevent them from becoming pregnant
11) [line 25] SHE'KACH KOSEV LAH - (a) for this is what he writes to her in
the Kesuvah (at the time of their marriage) (TOSFOS DH Mevi Adam, 1st
explanation); (b) According to the Girsa SHE'KACH *KOSEVES LO* - for this is
what she writes to him in the receipt for the Kesuvah (after their divorce)
(RAN, TOSFOS, 2nd explanation)
12a) [last line] V'ACHRAYUS D'IS LICH ALAI - and the obligation that I have
to you to bring your Korbanos
b) [last line] MIN KADMAS DANA - [in which you were obligated] from before
this time
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