ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Shekalim 19
Questions
1)
(a) If money that was found between the box of Shekalim and that of Nedavah
was ...
1. ... closer to the box of Shekalim - it went to Shekalim, because we learn
from the Parshah of Eglah Arufah that one must contend with that which is
nearest.
2. ... closer to the box of Nedavah - it went to Nedavah, for the same
reason.
(b) If the money was found exactly half way between the box of Eitzim and
that of Levonah, it went to Levonah - because Levonah is itself a Korban,
whereas Eitzim is no more than Machshirei Korban.
(c) Our Tana speaks about money that was found between Shekalim and Nedavah
(even though they are listed as being the furthest apart) - because the
boxes were actually placed in a circle, in which case Shekalim and Nedavah
would be next to each other, full circle apart.
2)
(a) We would have thought that if the money was found half way between
Shekalim and Nedavah, that it should rather go to Shekalim - from which the
*regular* Korbanos are bought, rather than to Nedavah, which is only used to
buy *irregular* Korbanos for Kayitz ha'Mizbe'ach.
(b) In the second reason, the Gemara explains that in fact, it goes to
Nedavah because Mechtzah le'Mechtzah, Ke'mi She'Mes' - and a half Shekel
whose owner died, goes to Nedavah anyway.
(c) The first reason is due to the likelihood of the money ending up in the
Sheyarei ha'Lishkah, which went towards the rebuilding of the walls of
Yerushalayim. Consequently, Nedavah, which was used for the Korbanos
themselves, took precedence.
(d) The Tana does not tell us what was done with money that was found
between Ketores and Eitzim, and between Levonah and Zahav le'Kapores -
because it is self-understood from the cases already mentioned in the
Mishnah.
3)
(a) According to Rebbi Elazar, if the Kohen Gadol died, the Asiris ha'Eifah
(like the half-Shekel) went to Nedavah. According to Rebbi Yochanan, it was
thrown into the Yam ha'Melach.
(b) If the money was found between the Kinin (incorporating money for
Chata'os) and the Gozlei Olah, it went to Gozlei Olah, even if it was half-
way - because of a T'nai Beis-Din (an automatic stipulation of Beis-Din)?
(c) The precedent for this is the Mosar Chatas that is brought as an Olah -
because of T'nai Beis-Din.
(d) Assuming it was a woman (e.g. a Yoledes) who placed the money in the
box, how she would fulfill her obligation of bringing a Chatas ha'Of -
because of a second T'nai Beis-Din, which obligated whoever supplied the
birds etc. to make up for all the Sefeikos (such as the Chata'os in our
Sugya). Note: Safek Chata'os ha'Of were brought, but not eaten.
Halachah 2
4)
(a) Money that one found in Yerushalayim in front of the animal merchants,
was always Ma'ser-Sheni - because most of the money found there was Ma'ser
money, since the people who had brought their Ma'ser money on Yom-Tov, could
not possibly finish all of it on Yom-Tov. Consequently, they would leave the
remainder with their relatives in Yerushalayim to purchase Shelamim
throughout the year. Neither would we assume that it was the merchants who
had lost the money (which became Chulin when it reached their hands) -
because the purchasers were in the majority.
(b) If money was found in the streets of Yerushalayim, it would depend upon
whether it was found on Yom-Tov (when it would be Ma'aser) or during the
rest of the year (when it would be Chulin) - because the streets of
Yerushalayim tended to be swept every day; whereas money found on Har
Habayis was always Chulin - because, due to the srtrong winds that prevail
at high altitudes, it did not need to be swept manually.
(c) Limbs of animals that were found in the Azarah, were treated as Olos -
because Olos tended to be cut up into whole limbs, before being placed on to
the Mizbe'ach. Pieces of flesh, on the other hand, were treated as Chata'os,
because it was only Chata'os and Ashamos (which had the same Din as
Chata'os) that were eaten in the Azarah, and which would therefore have been
cut into pieces.
(d) Pieces of flesh that were found in Yerushalayim were considered Shelamim
- because the majority of meat eaten in Yerushalayim was that of Shelamim.
5)
(a) Both the flesh found in the Azarah and that found in Yerushalayim - had
to be left overnight (to become Pasul be'Linah - otherwise known as Ibur
Tzurah), before being burned in their respective Beis-ha'Sereifos.
(b) If one found elsewhere in Eretz Yisrael ...
1. ... whole limbs of animals - they were considered to be Neveilos (which
people would throw into the street for the dogs.
2. ... cut pieces of flesh - they could be eaten, since one only tended to
cut them into small pieces either to sell or to place in the pot (and could
therefore be assumed to be Kasher).
(c) If one found even whole limbs on Yom-Tov, they would be permitted,
because on Yom-Tov, when one eats far more meat, one tends to cook even
whole limbs. Consequently, even the majority of whole limbs were Kasher, and
were permitted.
19b---------------------------------------19b
Questions
6)
We learnt in our Mishnah that money that was found on Har ha'Bayis was
Chulin. We do not assume it to have been money that fell from the Terumas
ha'Lishkah and was therefore Kodesh - because of the Chazakah that the Kohen
who took the money from the Terumas ha'Lishkah would buy the animals (for
the Korbanos) immediately, transferring the Kedushah from the money on to
the animals.
7)
(a) There is no proof from our Mishnah (which rules that flesh found in the
Azarah required Ibur Tzurah) for Rebbi Elazar quoting Rebbi Hoshaya, who
says that Kodshim which became Pasul through Hesech ha'Da'as required Ibur
Tzurah - because as long as the animal remained in the Azarah, there was no
Hesech ha'Da'as (but where there *was* Hesech ha'Da'as, it may well not
require Ibur Tzurah). The reason that the flesh was Pasul in our Mishnah is
because of the Safek that it was left overnight - in which case, had they
discovered that it was *not*, it would be Tahor (like any other Safek), and
woulds therefore be considered a regular Pesul Tum'ah.
(b) Our Mishnah, which says 'Evrei, Neveilos, va'Chatichos Mutaros' - is
comparing the limbs to the pieces: just as the latter were completely Mutar,
so were the former, completely Neveilos (and one would receive Malkos for
eating them) - a proof for Rebbi Yossi bar Chanina, who is quoted as saying
that someone who ate whole limbs that he found outside Yerushalayim,
received Malkos for eating Neveilah.
(c) He permits however, limbs of meat that one found tied together - because
they were definitely Kasher limbs that someone dropped inadvertently (since
people did not tend to throw limbs that were tied together, to the dogs).
8)
(a) If someone purchased a piece of meat that he bought from one of ten
shops, nine that sold Neveilah and one, Shechutah, but he cannot remember
from which one he bought it, he may not eat the meat. However, he will not
receive Malkos for doing so, because then it is a case of 'Kol Kavua
ke'Mechtzah al Mechtzah' (whenever the Safek began in its original location,
it is considered like fifty-fifty - a regular Safek), for which there is no
Malkos.
(b) If he found the meat on the street - it becomes a case of 'Kol
de'Parish, me'Ruba Parish (when the Safek originates elsewhere, then we go
after the majority) - and he will receive Malkos.
(c) In the reverse case, when *nine* shops sell Kasher meat, and *one* sells
Neveilah - then if the Safek originated in the shop (as in a.), he too will
be forbidden to eat it, but will not receive Malkos; whereas if it
originated elsewhere (as in b.) - then he will be permitted to eat it.
(d) If he found the meat in the hands of a gentile - it is as if he found it
in the street, and provided the majority of shops in that town sell Kasher
meat, he is permitted to eat it.
9)
(a) The Gemara asks on the previous case from the episode where they saw a
gentile leaving a non-Kasher shop with a piece of horse-meat which he had
himself cut off from a dead horse - and answers that we only permit meat in
the hands of a gentile when we saw him coming out of a Kasher butcher shop.
(b) When the butcher in Tzipori refused to sell a certain man meat - he sent
a gentile to purchase meat from there on his behalf.
(c) When the man boasted that the butcher could not stop him from purchasing
from his shop, the butcher replied that he had supplied the gentile Sheliach
with Neveilah.
(d) When they asked Rebbi whether the meat from that butcher's shop had
become prohibited - he replied that, since there had been no announcement
that day that there was non-Kasher meat in the shop, all the meat was
assumed to be Kasher, and the butcher was not believed to render the meat of
Tzipori, Tereifah.
10)
(a) When Rav arrived in Bavel and saw how careless they were in leaving
their meat with gentiles to look after - he issued a decree forbidding all
meat that was left even momentarily out of sight and to which non-Jews had
access ('Basar she'Nis'alem min ha'Ayin').
(b) When the piece of meat that the man was washing in the river, fell into
the water, and he left, intending to return later to fish it out - Rebbi
told him that his meat was forbidden, because of the possibility that the
river would sweep it away and replace it with a piece of Neveilah (Note: Our
Gemara does not discuss a case where the actual piece was clearly
recognizable, but a similar Halachah will be discused in the next Sugya.)
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