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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Sanhedrin 12

1) WHERE AND WHEN WE ME'ABER THE YEAR

(a) (Beraisa): We do not Me'aber the year in famine years (because people need to eat the new grain as soon as possible).
(b) (Beraisa - Rebbi): "V'Ish Ba mi'Ba'al Shalishah va'Yavei...Lechem Bikurim...Se'orim" - the first part of Eretz Yisrael in which the fruits ripen is Ba'al Shalishah, and even so, only one species ripened.
1. Suggestion: Perhaps it was wheat!
2. Rejection: "Se'orim".
3. Suggestion: Perhaps this was before the Omer!
4. Rejection: "Ten la'Am va'Yochelu" (and fresh grain is forbidden until after the Omer).
5. Conclusion: It was fitting to Me'aber the year - Elisha did not Me'aber it because it was a famine year, everyone needed the new grain immediately.
(c) (Beraisa): We only Me'aber the year after Rosh Hashanah; if it was made Me'aber before Rosh Hashanah, it is not Me'uberes;
1. In forced circumstances, we Me'aber it right after Rosh Hashanah; still, the only month we add is a second Adar.
(d) Question: Two Chachamim came from Tiverya; the Persians (some say - rain) detained them, but Hash-m enabled them to pass. They came to inform Rava that the Nasi wanted to add a Netziv (i.e. Me'aber the year), but the Romans did not allow him; Chachamim gathered in the month in which Aharon died (Av) to Me'aber the following year. (The message was said in a disguised way, so news of the Ibur would not reach the authorities.)
(e) Answer: They may decide whether or not to Me'aber before Rosh Hashanah, they do not reveal the decision before Rosh Hashanah.
(f) Question: How do we know that 'Netziv' refers to a month?
(g) Answer: "Veli'Shlomo Shneim Asar Nitzavim...Chodesh ba'Shanah".
(h) Question: But it says "U'Netziz Echad Asher ba'Aretz"!
(i) Answer #1 (Rav Yehudah or Rav Nachman): One of them was appointed over all of them.
(j) Answer #2 (The other of Rav Yehudah and Rav Nachman): The extra one was for Chodesh ha'Ibur.
(k) (Beraisa): We do not Me'aber from one year to another (Rashi - to Me'aber this year on account of next year, which should be Me'uberes; Tosfos - we do not consider now if next year should be Me'uberes);
1. We do not Me'aber three years at once (consecutively; alternatively, we do not decide at once to Me'aber three (non-consecutive) years).
2. R. Shimon says, a case occurred, R. Akiva was in prison, he was Me'aber three years at once.
3. Chachamim: No, Beis Din was Me'aber each year in its proper time.
(l) (Beraisa): We do not Me'aber a Shemitah year (for this prolongs the prohibition to work the land), nor the year after Shemitah (for people need the new grain quickly);
1. It is customary to Me'aber the year before Shemitah (to allow another month of working the land);
2. R. Gamliel's house would Me'aber the year after Shemitah (because people can import produce).
(m) These Tana'im argue about whether or not we may import produce, as the following Tana'im argue.
1. (Beraisa): We may not import vegetables from Chutz la'Aretz;
2. Raboseinu permit this.
(n) Question: About what do they argue?
(o) Answer (R. Yirmeyah): The first forbids because we are concerned that (Tamei) dirt will come with the vegetables, Raboseinu are not concerned.
2) IBUR ON ACCOUNT OF TUM'AH
(a) (Beraisa): We do not Me'aber a year on account of Tum'ah (to enable Yisrael to bring Korban Pesach in Taharah);
(b) R. Yehudah says, we Me'aber the year on account of Tum'ah.
1. R. Yehudah: A case occurred, Chizkiyah ha'Melech was Me'aber the year on account of Tum'ah, and prayed that Hash-m should forgive him - "Ha'Am...Lo Hiteharu Ki Achelu Es ha'Pesach b'Lo cha'Kasuv Ki Hispalel...Yechaper b'Ad".
12b---------------------------------------12b

2. R. Shimon: Had he been Me'aber on account of Tum'ah, it would have been proper;
i. He prayed for forgiveness because we only add a second Adar, and he added a second Nisan.
3. R. Shimon ben Yehudah says, he prayed for forgiveness because he persuaded Yisrael to bring Korban Pesach on Pesach Sheni (and they should have brought it on Pesach (Rishon)).
(c) (Beraisa - R. Yehudah): We Me'aber the year (on account of Tum'ah).
(d) Inference: He holds that Tum'ah is Dechuyah (Korbanos Tzibur can be brought b'Tum'ah, but we must do as much as possible b'Taharah).
(e) Question (Beraisa - R. Shimon): The Tzitz is Meratzeh (makes acceptable Korbanos brought b'Tum'ah) whether or not the Kohen Gadol is wearing it at the time.
(f) R. Yehudah says, it is Meratzeh only when he is wearing it.
1. R. Shimon: Yom Kipur proves that it is Meratzeh even when he is not wearing it (he does not wear it for the Avodah in the Kodesh ha'Kodoshim, yet if it was done b'Tum'ah, it is acceptable)!
2. R. Yehudah: No, Avodah b'Tum'ah is acceptable because Tum'ah is Hutrah (wholly permitted) b'Tzibur.
(g) Counter-question: In any case, R. Yehudah contradicts himself in the Beraisa!
1. He said that we Me'aber the year (on account of Tum'ah), and that Chizkiyah did so and prayed for forgiveness!
(h) Answer: You must say, the Beraisa is abbreviated, it should say thusly: we do not Me'aber a year on account of Tum'ah, if this was done, it is Me'uberes;
(i) R. Yehudah says, it is not Me'uberes;
1. R. Yehudah: A case occurred...
(j) (According to this, Inference (d) is unfounded, so Question (e) is not a question.)
(k) Question (Beraisa - R. Shimon): Had he been Me'aber on account of Tum'ah, it would have been proper.
1. The way we now explain the Beraisa, this is like the first Tana!
(l) Answer (Rava): No, R. Shimon permits to Me'aber on account of Tum'ah, the first Tana forbids.
(m) Support (Beraisa): L'Chatchilah it is forbidden to Me'aber on account of Tum'ah; R. Shimon permits this.
(n) Question: According to R. Shimon, why did he pray for forgiveness?
(o) Answer: We only add a second Adar, and he added a second Nisan.
(p) Question: Didn't Chizkiyah expound "Ha'Chodesh ha'Zeh Lachem" - there is no other (e.g. a second) Nisan!
(q) Answer: He erred regarding Shmuel's law.
1. (Shmuel): We may not Me'aber the year on Adar 30, for it is fitting to make this day Rosh Chodesh Nisan.
2. Chizkiyah thought, the fact that it is fitting does not matter (as long as it was not made Rosh Chodesh).
(r) A Beraisa teaches exactly like Shmuel.
3) WHEN IS PESACH BROUGHT B'TUMAH?
(a) (Beraisa - R. Shimon ben Yehudah): He prayed for forgiveness because he persuaded Yisrael to bring Korban Pesach on Pesach Sheni.
(b) Question: What was the case?
(c) Answer (Rav Ashi): (Slightly more than) half the men in Yisrael were Teme'im, (almost) half were Tehorim; most of the women were Tehoros, making the majority of Yisraelim Tehorim;
1. At first, he thought that women are obligated to bring Korban Pesach, therefore the majority of Yisraelim (obligated in Pesach) were Tehorim, so the Teme'im must wait until Pesach Sheni;
2. Later, he thought that women are not obligated in Pesach, therefore the majority were Teme'im, they should have brought Pesach (Rishon) b'Tum'ah (therefore, he prayed for forgiveness).
(d) (Shmuel): We may not Me'aber the year on Adar 30, for it is fitting to make this day Rosh Chodesh Nisan.
(e) Question: If it was made Me'uberes on this day, what is the law?
(f) Answer (Ula): We do not Mekadesh the coming Chodesh (i.e. *announce* that it is Adar Sheni; we do Mekadesh (and announce) the Chodesh after this (Nisan)).
(g) Question: If they were Mekadesh the Chodesh, what is the law?
(h) Answer #1 (Rava): The year is not Me'uberes.
(i) Answer #2 (Rav Nachman): The year is Me'uberes, the month is Mekudash.
(j) Question (Rava): There are 30 days from Purim until Pesach, during which we teach the laws of Pesach. (Since an Ibur year was not declared before the 14th of Adar, we treated this day like Purim, and started teaching the laws);
1. (Beraisa): We ask about laws of Pesach 30 days before Pesach (even though normally, one should only ask about what is being taught);
2. R. Shimon ben Gamliel says, we ask two weeks before Pesach.
3. Summation of question: Since we already started teaching laws of Pesach, when people hear that Pesach was delayed, they will treat the prohibition of Chametz lightly!
(k) Answer (Rav Nachman): People know that Ibur Shanah depends on calculations, they will realize that until now, the calculation did not mandate an Ibur Shanah (they will not treat Chametz lightly).
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