ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Nidah 47
Questions
1)
(a) We would have thought that the dough (made from a mixture of a Sa'ah of
Terumah which fell into less than a hundred Sa'ah of Chulin) is Patur from
Chalah (we are speaking specifically about the part that will be separated
as Terumah), since Terumah is not Chayeves be'Chalah. The reason that it
*is*, in fact, Chayeves be'Chalah, is because min ha'Torah, the Terumah is
Bateil (one in two), and it is the Rabbanan who obligated the separation of
Terumos from it. So how can Terumah mi'de'Rabbanan remove the Chiyuv of
Chalah - which, in the opinion of Rebbi Meir and Rebbi Yehudah, is d'Oraysa?
(b) According to Rebbi Yossi and Rebbi Shimon, the mixture is Peturah from
Chalah, because, the Gemara believes, they hold that Chalah nowadays, is
de'Rabbanan, and therefore, Terumah de'Rabbanan, can aptly come and exempt
Chalah de'Rabbanan (because, the Rabbanan maintains, at this stage, that if
Terumah is mi'de'Rabbanan, so is Chalah). The Gemara is trying to prove the
statement made above; namely, that although Rebbi Yossi quotes an opinion in
Seider ha'Doros, which holds that Terumah nowadays, is min ha'Torah, he
himself holds that it is mi'de'Rabbanan.
(c) Even according to those who
hold that Terumah is d'Oraysa, Chalah could well be de'Rabbanan, because the
Torah writes by Chalah "be'Vo'achem", implying that only when *all of you*
come to the land will the Chiyuv Chalah apply, but not before. In that case,
Rebbi Yossi could well subscribe to the opinion that he quoted in Seider
ha'Doros.
(d) The Rabbanan of Bei Rav thought the very opposite. According
to them, the Torah writes with regard to Terumos "Tevu'as Zar'echa" - only
when each and every one of you brings his crops; whereas by Chalah,
"be'Vo'achem" implies, that as soon 'as you come to the land' (when you will
have crossed the Yarden), you will be Chayav to separate Chalah.
2)
(a) 'Pagah' refers to the earliest stage of the fruit, when its shape is not
yet recognizable; similarly, it refers in a girl, to the earliest stage of
womanhood, before any signs are recognizable. 'Bochel' refers to the stage
when the fruit is first recognizable; likewise by a girl, it refers to the
Simnei Na'arus, when the first signs of womanhood appear - when her breasts
begin to grow. 'Tzemel' refers to the fruit when it is fully grown (an
acronym of 'Yatz'sah Melei'ah'); and by a woman too, it refers to a Bogeres,
whose Simanim have developed.
(b) A father has the right to claim his
daughter's found objects until she becomes a Bogeres.
(c) According to Ben
Azai, it is when the areola darkens; whereas Rebbi Yossi holds that it is
when the suppressed nipple does not immediately return, but remains briefly
suppressed.
(d) The fold under the breasts referred to by Rebbi Yossi
ha'Gelili is when she places her hands behind her back and a fold appears.
3)
(a) Shmuel derives from the Pasuk "le'Olam Bahem Ta'avodu" that slaves are
yours to work with, but not to embarrass (even though they may not
necessarily feel the embarrassment. Therefore, he gave her four Zuz, even
though, there was no monetary obligation to compensate her, since the Gemara
in Bava Kama explains that slaves have no shame, and even if they did, the
payment would belong to their master.
(b) Shmuel, in keeping with his
reasoning in the previous question, would designate one slave for his
slave-girl to sleep with (in order to minimize her embarrassment). Rav
Nachman was not concerned with embarrassment, so he would change the mates
of his slave-girls, one day this slave, and one day that one. Rav Sheishes
would allow his slave-girls to mate freely with Arabs, and warn them not to
leave the Jewish men alone.
4)
(a) Rebbi Yossi's Shiur is when the nipple becomes large and is fully
surrounded by the areola (which corresponds to the Shiur given by Rebbi
Yossi himself in our Mishnah).
(b) When the breasts have not yet grown
(Pagah), then the hair has not grown either, and she is still a Ketanah;
when they have begun to grow (Bochel), then the hair has grown too, and she
is a Na'arah; And when they have grown large (Tzemel), then the lower
stomach (the Kaf) has become soft, and she is a Bogeres.
47b---------------------------------------47b
Questions
5)
Rebbi rules like all the opinions le'Chumra. Practically, this means that,
from six months after she turns twelve, the moment any of the Simanim
appear, her father may no longer annul her vows. Others say that if one of
these Simanim appear, she is a Safek Bogeres, and that if her father
accepted Kidushin on her behalf, after which, she too, accepted Kidushin on
her own behalf, she will require a Get from both, since we do not know
whether her father's Kidushin is effective or not. In any event, this has
nothing to do with Chalitzah and Yibum, which are determined by Na'arus, not
Bagrus.
6)
(a) The Din is that, once preduce enters the Chatzer, it has a Din of
Kavua, and it is forbidden to eat from it at all (whereas earlier it was
permitted to eat from it Ara'i [casually]). The Mishnah in Ma'asros teaches
us that it is only a Chatzer ha'Tzuris which fixes the corn for Ma'asros.
(b) In Tzur, it was customary to place a guard at the entrance to the
Chatzer, so that a guarded Chatzer was the name given to a guarded Chatzer.
(c) According to Rebbi Akiva, a Chatzer ha'Tzuris is a Chatzer which has one
designated guard.
(d) According to Rebbi Yehudah, if there are two
courtyards, one within the other, then the inner one is considered a Chatzer
ha'Tzuris, and is Chayeves be'Ma'asros, and the outer one is Peturah.
7)
(a) According to Beis Hillel, once a man or a woman turns twenty, and two
hairs have not grown, he is declared a Saris, and she an Aylonis. And a
Saris and an Aylonis are exempt from Yibum (and therefore from Chalitzah)
because of the Pesukim "ve'Haya ha'Bechor Asher Teiled" - only a woman who
is fit to have children is Chayeves be'Yibum (to exclude an Aylonis); and
"le'Hakim le'Achiv Sheim"- to exclude a Saris, who is unfit to have children
(it is not clear why Rashi mentions Chalitzah in the latter case, rather
than Yibum).
(b) According to Rebbi Eliezer, the age for a woman is eighteen
(like Beis Shamai) and the age for a man is twenty (like Beis Hillel). This
is because a woman matures before a man, as we discussed earlier.
(c) Our
Mishnah speaks in a case when the man or the woman also had the other signs
of a Saris and an Aylonis, as explained in Perek ha'Areil - (e.g. that his
body does not steam when he bathes, his hair is not properly formed and his
skin is smooth). In that case, he becomes a Saris (or an Aylonis) at twenty;
Whereas the Beraisa in Yevamos, which still considers them to be Ketanim,
speaks when they have not shown any other signs of a Saris or an Aylonis.
(d) Everyone agrees that, after thirty-five (when a person has passed the
half-way mark of his life's journey) they become Sarisim and Ailoniyos (See
Rashash, that perhaps a distinction ought to be made between a man and a
woman).
8)
When a man or a woman of twenty, who had not grown hairs, but on whom no
other signs of a Saris or an Aylonis were yet apparent, came before him, he
would encourage the signs to appear by weakening them (through fasting) - if
they came in looking strong, or by making them strong (by eating), if they
came in looking weak. That is because weakness and strength both have the
ability to stimulates the signs of Serisus.
9)
(a) Rav and Ula argue over the twenty years in our Mishnah: According to
Rav, the twenty years in our Mishnah, at which a man becomes a Saris or a
woman an Aylonis, means twenty full years from day to day, just like all the
other cases in the Perek. But according to Ula, our Mishnah is different
than the rest of the Perek, since it does not write 've'Yom Echad'.
Consequently, as soon as one day has passed into the twentieth year
(others say thirty days), we count the Saris and the Aylonis as twenty, and
they are immediately declared a Saris or an Aylonis.
(b) According to Rav,
our Mishnah does not write 've'Yom Echad' because this Tana holds that we do
not require twenty full years, with regard to Saris and Aylonis (like the
opinion of Ula). Rav however, does not follow the opinion of our Mishnah,
but that of the Beraisa, which specifically rules that a full twenty years
are required by 'Ben' and 'Bas', which Rav interprets to mean Saris and
Aylonis (at least, that is what the Gemara believes at this juncture).
(c) The Torah writes by Sedeh Achuzah, "be'Mispar Shenei Tevu'os Yimkor Lach".
"Shenei" means 'two years'; by adding "Tevu'os", the Torah comes to add an
extra produce (true, "Tevu'os" is plural, so we ought to add *two*. However,
it is impossible to obtain two extra produces in two years, so we can only
derive *one*), which is only possible if the purchaser receives the field,
with the produce from last year still standing, waiting to be harvested.
This means *three* produces in *two* years. The Chidush will be that the two
years must be two *full* years from day to day, and not just two years and a
day (or two years and thirty days), because then, it would not be possible
to obtain three produces in two years
(d) And we learn the six full years of
Eved Ivri from the Pasuk "Sheish Shanim Ya'avod - u'va'Shevi'is", to teach
us that, if the servant began to work, let's say, in Nisan, and Tishri of
the seventh year arrived (where we might have said that one day, or thirty
days - part of the seventh year- will suffice, and he goes free already
*then*), he must carry on working until Nisan, making a full six years.
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