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Shevuos 8
SHEVUOS 6-10 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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The numbers that appear next to certain entries represent the number
assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes
Yisrael (e.g. TY #43). This diagram, which will be included in a separate
mailing and can be found on our site, is printed both in the Tiferes Yisrael
Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's
Mishnayos (page 290, at the beginning of Midos). |
1) [line 5] GALUS
(a) A person who murders intentionally after having been previously warned
is liable to the death penalty. A person who murders unintentionally is
exempt from the death penalty, but is punished with Galus (banishment,
exile).
(b) When it is proven that a person killed unintentionally, he is banished
to one of the six Arei Miklat (cities of refuge) or one of the forty-two
cities of the Leviyim. He must stay there and not leave the city or its
Techum for any reason whatsoever until the death of the Kohen Gadol who
served at the time that he was sentenced to banishment.
(c) If the unintentional murderer leaves his city of refuge, the Go'el
ha'Dam (the closest relative of the murdered person) is permitted to avenge
the death of his relative and kill the murderer.
2) [line 6] B'HANACH D'LAV BENEI GALUS NINHU - referring to those people who
do not go to Galus [for the murder that they commmitted]
(a) See previous entry.
(b) The Gemara (Makos 7a-9b) discusses certain cases where an unintentional
murderer does not go to Galus. Some examples follow:
1. A person goes to Galus for killing in a downward fashion, rather than in
an upward fashion. As such, one who is pulling a roofing tool upwards that
subsequently falls on the victim, one who is drawing up a bucket that
subsequently falls on the victim or one who is climbing a ladder who falls
on the victim does not go to Galus.
2. One who is "Omer Mutar" (he mistakenly thinks that it is permitted to
kill, such as a person who is convinced that the person he is killing is a
member of the nation of Amalek) does not go to Galus.
3. A person who intends to kill an animal, whether his blow missed the mark
or whether the "animal" turned out to be a person, does not go to Galus.
4. The enemy of the victim, who kills without malice, still does not go to
Galus.
5. A person who intends to throw a stone in one direction and instead throws
it in another direction and kills the victim is considered closer to an
accidental killer ("Ones") rather than an unintentional killer ("Shogeg")
and does not go to Galus.
6. A person who intends to throw a stone a short distance and instead throws
it a long distance and kills the victim is considered closer to an
intentional killer ("Mezid") and does not go to Galus.
3) [line 12] AVODAH ZARAH... D'MAISI SE'IRAH - idol worship... in which an
individual offers a female goat (AVODAH ZARAH: YACHID HA'OVED AVODAH ZARAH)
(a) Avodah Zarah is the term for a Pesel (an idol or graven image) or
anything such as the sun or the moon, or even a person, which people
mistakenly believe is an independent power with G-d-like attributes, which
they worship and to which they pray. It is prohibited to do even the most
minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah
is one of the three cardinal sins about which we are commanded, "Yehareg
v'Al Ya'avor" - "One should be killed rather than transgress." (The other
two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But
see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)
(b) The prohibition to serve Avodah Zarah is one of the Ten Commandments,
"Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha Fesel v'Chol
Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall not possess
any foreign gods, ever (lit. in my presence). You shall neither make for
yourself a graven image nor any likeness of that which is in the heavens
above or on the earth below or in the water beneath the earth. You shall not
prostrate yourself to them nor worship them for I am HaSh-m, your G-d..."
(Shemos 20:3-5).
(c) A person who serves Avodah Zarah b'Mezid (intentionally) is liable to
the Kares punishment. If he received the proper warning and witnesses saw
his action, he is liable to Sekilah (stoning). Avodah Zarah worshipped
b'Shogeg (unintentionally) creates an obligation to offer a Korban Chatas
(RAMBAM Hilchos Avodas Kochavim 3:1). The Korban Chatas is specifically a
female goat, rather than a choice between a female sheep or goat (RAMBAM
Hilchos Shegagos 1:4). A person who makes an idol or other Avodah Zarah,
even for a Nochri, is liable to Malkus (lashes) (RAMBAM Hilchos Avodas
Kochavim 3:9).
(d) Many rites were invented for specific forms of Avodah Zarah. If a person
serves an Avodah Zarah with a rite specific to it, he is Chayav as above,
(c). If one serves an Avodah Zarah with a rite that was intended for another
Avodah Zarah, he is exempt from punishment. However, the verses show that a
person who performs the services of Zibu'ach (sacrificing an animal), Kitur
(burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing
down) is Chayav, whether it is specific to the Avodah Zarah or not (see
Rambam ibid. 3:3). The prohibition against Avodah Zarah is included in the
seven Mitzvos Benei Noach, the seven commandments in which all of humanity
is obligated (see Background to Sanhedrin 56:25).
4) [line 13] SIMAN AVODAH ZARAH YOLEDES METZORA NAZIR - these words stand
for the topics that the Gemara brings to question the assumption that the
Sa'ir ha'Na'aseh Bifnim is Toleh sins of Tum'as Mikdash v'Kodashav where
there is Yedi'ah bi'Techilah but not ba'Sof (see Background to Shavuos 2:7),
as follows. (Like Tum'as Mikash v'Kodashav, each topic has distinctive
Halachos with regard to the Korbanos that are brought.)
1. *Avodah Zarah* - idol worship (line 12) (see previous entry). The Korban
Chatas is specifically a female goat, rather than a choice between a female
sheep or goat.
2. *Yoledes* - a woman after childbirth (line 16) (see next entry). Her
Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben
Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings
two Torim or two Benei Yonah, one as an Olah and one as a Chatas.
3. *Metzora* - a person who is cured from the skin disease of Tzara'as (line
20) (see Background to Shavuos 2:4 and below, entry #6). The Metzora brings
Korbanos to complete his Taharah. The animals Korbanos are two male sheep
and one female sheep. One of the male sheep is offered as an Olah, the other
as an Asham. The female sheep is offered as a Chatas. If he could not afford
to buy all of these animals, he is called a poor Metzora. The poor Metzora
brings two Torim (turtledoves) or two Benei Yonah (common doves) as the Olah
and the Chatas; however, a sheep is still brought as his Asham.
4. *Nazir* Tamei - a person who accepted upon himself the vow of Nezirus and
subsequently became Tamei (line 25) (see below, entry #9). The sacrifices he
brings are two Torim (turtledoves) or two Benei Yonah (young common doves),
one as a Chatas and one as an Olah. He must also bring a yearling sheep as
an Asham.
5) [line 16] YOLEDES... D'MAISA OLEH V'YORED - a woman after childbirth...
who brings a Korban that varies based upon the means of the penitent
(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 Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes.
Until then she is a Mechuseres Kaparah (see Background to Sanhedrin 83:14).
Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben
Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings
two Torim or two Benei Yonah, 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 20] METZORA (KORBAN METZORA)
(a) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - On the day that a Metzora
is healed from his Tzara'as, he takes two kosher birds (Tziporei Metzora), a
piece of cedar, some crimson wool and a hyssop branch. One of the birds is
slaughtered over fresh spring water in a clay bowl. A Kohen dips the other
bird, along with the other articles, into the spring water that is mixed
with the blood and sprinkles it seven times on the Metzora. The living bird
is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur
is removed from the living bird after it is sent off to the fields.
(b) The Metzora next shaves with a razor all places on his body that have a
collection of hair and that are exposed, and immerses in a Mikvah. He is now
considered Tahor to the extent that he may enter a settlement, but marital
relations are forbidden (Mo'ed Katan 7b). He counts seven days ("Yemei
Sefiro"), and on the seventh day he once more shaves and immerses. He is now
completely Tahor but is still a Mechusar Kaparah (see Background to
Sanhedrin 83:14).
(c) On the eighth day, the Metzora must bring Korbanos to complete his
Taharah. The animal Korbanos are two male sheep and one female sheep. One of
the male sheep is offered as an Olah, the other as an Asham. The female
sheep is offered as a Chatas. If he could not afford to buy all these
animals, he is called a poor Metzora. The poor Metzora brings two Torim
(turtledoves) or two Benei Yonah (common doves) as the Olah and the Chatas;
however, a sheep is still brought as his Asham. An ordinary Metzora or a
poor Metzora brings Nesachim with all of his animal Korbanos (Menachos 91a).
(d) The Metzora also brings a Log of olive oil to the Beis ha'Mikdash as
part of his purification process. A Kohen lifts up and waves (Tenufah) the
live Korban Asham with the Log of oil resting upon it. After the Asham is
slaughtered, some of the blood is placed on the body of the Metzora: on the
middle section of cartilage of the Metzora's right ear, on his right thumb
and on his right big toe. These parts of his body must be in the Azarah at
the time that the Kohen applies the blood. For this purpose he stands in the
gate of Nikanor (TY #18; the eastern gate of the Azarah, named for the man
who donated the brass doors of the gate (see Yoma 38). Although all of the
other gates of the Azarah had the Kedushah of the Azarah, Sha'ar Nikanor
only had the Kedushah of Har ha'Bayis. The Chachamim arranged this so that
the Metzora could stick his head, right hand and right foot into the Azarah
while standing under the archway of the gate.
(e) After all of the Korbanos were offered, a Kohen pours some of the oil in
his left hand and sprinkles it seven times towards the Kodesh ha'Kodashim.
He must dip his right finger in the oil each time. Oil is also put on the
body of the Metzora, on the places where the blood of the Asham was placed.
The remainder of the oil in the Kohen's hand is placed on the Metzora's
head. The rest of the Log which was not poured into the Kohen's hand was
given to the Kohanim, and must be consumed by male Kohanim in the Azarah (it
is one of the Kodshei ha'Kodashim). (RAMBAM Hilchos Mechusarei Kaparah
4:2-3)
7) [line 22] AL SHIV'AH DEVARIM NEGA'IM BA'IN
Rebbi Shmuel bar Nachmani quotes Rebbi Yonasan who states that a person is
afflicted with Nega'im for seven specific sins. He brings sources for each
sin from the verses (see Erchin 16a and MAHARSHA there). The sins are:
- Lashon ha'Ra - making derogatory statements about people (see Background to Bava Basra 164:46)
- Shefichus Damim - murder
- Shevu'as Shav - swearing falsely (see Background to Shavuos 2:1 and 3:5)
- Giluy Arayos - illicit marital relation
- Gasus ha'Ru'ach - haughtiness
- Gezel - robbery
- Tzaras Ayin - stinginess
8a) [line 24] NIG'EI D'ACHPAR LEI - the Metzora receives atonement for his
sin from the suffering and embarrassment through which he goes
b) [line 24] V'KORBAN L'ISHTARUYEI BA'KAHAL - and his Korbanos are brought
to permit him to return to the congregation (i.e. a settlement)
See above, entry #6.
9) [line 25] NAZIR TAMEI... D'MAISI TORIM U'VENEI YONAH - a person who
accepted upon himself the vow of Nezirus and subsequently became Tamei...
brings [two] Torim or [two] Benei Yonah (NEZIRUS / KORBAN NAZIR TAMEI)
(a) If a person makes a vow to become a Nazir without stipulating a time
period, his or her Nezirus lasts for a period of thirty days. If the person
stipulates a time period, his or her Nezirus lasts for whatever amount of
time he stipulated. During this period, the Nazir is not allowed to 1. cut
his hair; 2. become Tamei by touching or being in the same room as a corpse;
or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER
HA'CHINUCH #377). Transgressing any one of these prohibitions makes the
Nazir liable to Malkus, as long as he was warned beforehand.
(b) If an ordinary Nazir becomes Tamei through contact with or being in the
same room as a corpse, on the third and seventh days he must be sprinkled
with water that has the ashes of the Parah Adumah in it (see Background to
Sanhedrin 77:34) to become Tahor. On the seventh day of his purification he
shaves off the hair of his head. On the eighth day, he brings the sacrifices
of a Nazir who becomes Tamei and begins counting anew the days of Nezirus
that he accepted upon himself. The sacrifices he brings are two Torim
(turtledoves) or two Benei Yonah (young common doves), one as a Chatas and
one as an Olah. He must also bring a yearling sheep as an Asham. (These
Korbanos and this shaving are in addition to the Korbanos and shaving that
he, and every Nazir, brings upon the completion of his Nezirus.)
(c) When a Nazir completes his period of Nezirus, he must offer three
sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram
as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of
Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos
(unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves
off the hair of his head and burns it under the cauldron in which the Zero'a
of the Shelamim is cooked (Bamidbar 6:18).
8b---------------------------------------8b
10) [line 21] MISAH MEMAREKES - (lit. death cleanses [the sinner]) the
sinner's death completes his atonement [even without the Sa'ir ha'Penimi]
11) [line 26] "[V'CHIPER AHARON AL KARNOSAV] ACHAS [BA'SHANAH; MI'DAM CHATAS
HA'KIPURIM, ACHAS BA'SHANAH YECHAPER ALAV L'DOROSEICHEM, KODESH KODASHIM HU
L'SH-M]" - "[And Aharon shall make an atonement upon its horns] once [a
year; with the blood of the Chatas of atonements, once a year shall he make
atonement upon it throughout your generations; it is most holy to HaSh-m.]"
(Shemos
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