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by Rabbi Ephraim Becker Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Shekalim 19
*****Perek Ma'os Shenimtzeu*****
1) HALACHAH 1: DEALING WITH FOUND MONEY BETWEEN THE KUPOS
(a) The Mishnah instructs how to deal with money found between
the Kupos of Shekalim-Nedavah, Eitzim-Levonah, Kinin-Gozelei
Olah.
(b) We assume that the funds originated in the closer place,
even to be lenient.
(c) When neither source is closer, we attribute the funds to the
more stringent place of origin.
2) ANALYZING DOUBTS
(a) Question: But only the Shekalim-Kinim Kupos were next to
one-another (creating the doubt), not Shekalim-Nedavah!?
(b) Answer: The Kupos were not in line, they were in a circle.
(c) Question: Why do the equidistant funds go to Nedavah (since
Shekalim are more stringent)?
(d) Answer #1: The money may end up as Shirayim.
(e) Answer #2: Fifty-fifty doubt is likened to a Korban whose
owners died (and as Shekalim they would also go to Nedavah).
1. R. Yasa reported having heard (in Bavel) R. Yehudah ask
this question of Shmuel.
2. Shmuel had taught that Shekalim (in the case where the
owner designated the funds and then died) should go to
Nedavah.
3) LEFTOVER FUNDS FROM THE MINCHAS KOHEN
(a) (R. Yochanan) The leftover funds must be destroyed.
(b) (R. Eliezer) They go to Nedavah (as leftover Chatas).
4) KININ-GOZELOS EQUIDISTANT GOES TO GOZELOS
(a) Question: How can a Chatas be brought as an Olah?
(b) Answer: It is a T'nai Beis Din.
(c) Question: How are this woman's Korban needs addressed?
(d) Answer: This, too, is a T'nai Beis Din (with the supplier).
(e) Question: Why weren't other combinations mentioned in the
Mishnah?
(f) Answer: These were addressed by the general principle at the
end of the Mishnah.
5) HALACHAH 2: DEALING WITH OTHER FINDS
(a) The Mishnah deals with money found in various parts of
Yerushalayim and beyond regarding their Ma'aser status.
(b) The Mishnah deals with found meat regarding the question of
it being Neveilah or Pasul.
(c) Even when the meat of Korbanos might be valid, it cannot be
eaten, but it must be retained until it is certainly
invalid, and then burnt.
(d) The manner in which the meat is cut will indicate its
origin.
19b---------------------------------------19b
6) MONEY ON HAR HABAYIS IS CHULIN
(a) Question: Could the money not be from Hekdesh (Shekalim)?
(b) Answer: There is a Chazakah that the Kohen would not take
money out of the Lishkah before redeeming it on an animal.
7) THE INVALIDATION OF HESECH HADA'AS
(a) (R. Eliezer citing R. Hoshayah) Meat which became
invalidated through Hesech HaDa'as must develop an
additional invalidation before being burned.
(b) Our Mishnah (which says that it must develop an additional
invalidation and is then burned) is cited as a support for
the above.
(c) (R. Yosi) The Law of the Mishnah is (not because of Hesech
HaDa'as, but rather) because of our doubts if the meat has
already become invalid (Nosar).
(d) [The above step according to the GR"A] (R. Yosi) Such
doubtful meat should be Tahor (as with any doubt in Reshus
HaRabim), but the reason for burning this meat is we cannot
eat it (since it may already be invalid) and we may not burn
it (since it may not be invalid).
8) MEAT WHICH IS FOUND DEPENDS ON ITS CUT
(a) (R. Krispa citing R. Yosi b. Chaninah) Whole limbs are
definitely Neveilah, and one would get Malkos for eating
them.
(b) This seems supported by our Mishnah which speaks in definite
terms (permitted-completely, Neveilah-even with Malkos).
(c) (Same source as a.) Whole limbs which are tied together are
permitted.
9) SITUATIONS OF DOUBT
(a) A person is in doubt regarding the meat he bought in one of
ten stores (nine sell Neveilah and 1 sells Kosher) - it is
presumed not Kosher.
(b) If he found meat in such a town, we follow the majority
(non-Kosher)
(c) Even if (in case a.) the nine stores sell Kosher, it is
presumed non-Kosher.
(d) If he found meat in such a town, we follow the majority
(Kosher).
(e) (R. Yochanan) If the meat were found in the hands of a
Gentile, it is the same as in the markets above.
(f) R. Mana pointed out an incident which, he said, indicated
against R. Yochanan.
(g) R. Yochanan restricted his law to a case where we saw the
Gentile merchant leaving the store of a Jew.
10) MEAT BOUGHT BY A GENTILE FROM A JEW
(a) An incident is recorded where a Jew bought meat through a
Gentile from another Jew and it turned out to be Neveilah.
(b) Rebbi taught that this one case cannot prohibit all of the
butcher shops in town.
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