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1) TUM'AH AROUND A CORPSE

(a) (R. Yitzchak): R. Eliezer ben Yakov said, one who is within 4 Amos of a corpse becomes Tamei.

1. Support (Mishnah - Beis Shamai): One standing in a courtyard next to a cave of coffins is Tahor, provided that the courtyard is 4 Amos (by 4 Amos); Beis Hillel say, if it is 4 Tefachim (handbreadths, by 4 Tefachim);

i. This is only if the entrance to the courtyard is from the top; but if the entrance is from the side, all agree that it must be 4 Amos.
ii. Objection: It should be the opposite! From the side, one can enter and leave without towering over the coffins; if the opening is at the top, one must spread his limbs when climbing down, and will tower over the coffins!
iii. Correction: Rather, Beis Hillel only say 4 Tefachim if the entrance to the courtyard is from the side; but if the entrance is from the top, all agree that it must be 4 Amos.

(a) (Mishnah): Who is the man that engaged a woman ...
(b) (Beraisa): All of the following do not fight: one who engaged a virgin, or a widow, one to whom fell a Shomeres Yavam;

1. Even if 1 of 5 brothers died in war, all the brothers return.

(c) "He did not (yet fully) marry her" - this one who engaged a woman forbidden to him, e.g. a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or vice-versa.
(d) Suggestion: The Beraisa is not as R. Yosi ha'Gelili, who says that the (fearful and) softhearted person that returns is one that is afraid of his sins.

1. R. Yosi ha'Gelili would say that he returns for engaging a woman forbidden to him!

(e) Rejection: He can hold as R. Yosi ha'Gelili - the engagement itself is not forbidden.

1. (Rabah): (A Kohen Gadol that engaged a widow) is not liable (for lashes) until he has relations with her; the Torah said "He will not engage her" in order that he should not come to profane (her and his children, through relations; engagement itself is not forbidden).

(f) (Beraisa): "That built ... that planted ... that engaged" - the Torah teaches proper conduct, that one should first build a house and plant a vineyard, and then engage a woman.

1. We also learn this from Proverbs: "Prepare your work outside, and prepare a field for the future; afterwards, build your house".
2. Explanation #1: "Prepare your work outside" - this is a house; "prepare a field for the future" - this is a vineyard; "afterwards, build your house" - this is a wife.
3. Explanation #2: "Prepare your work outside" - this is (learning) written Torah; "prepare a field for the future" - this is Mishnah; "afterwards, build your house" - this is Gemara.
4. Explanation #3: "Prepare your work outside" - this is written Torah and Mishnah; "prepare a field for the future" - this is Gemara; "afterwards, build your house" - these are good deeds.
5. R. Yosi ha'Gelili says, "Prepare your work outside" - this is written Torah, Mishnah and Gemara; "prepare a field for the future" - these are good deeds; "afterwards, build your house" - expound in Torah and receive reward.

(g) (Mishnah): These do not return: one that built a gatekeeper's quarters ...

1. (Beraisa): (Even R. Yehudah, who said that one who rebuilds his house as it was does not return, admits that) if he added on a row of bricks, he returns.

(h) (Mishnah): R. Eliezer says, even one who built a brick house in Sharon does not return.

1. (Beraisa): This is because the house must be rebuilt twice every 7 years.

(i) (Mishnah): The following do not even go to the border: one who built a new house, and is in the 1st year of inauguration ...
(j) (Beraisa): "A new wife" - one might have thought, only a woman that was not married; "wife" - this includes even a widow or divorcee.
(k) Question: If so, why does it say "A new wife"?
(l) Answer: She must be new to him, to exclude one who remarries his ex-wife.
(m) (Beraisa): "He will not go in the army" - one might have thought, but he does supply water and food and fix the roads - "No (obligation) will divert him".

1. Suggestion: Perhaps this applies even to one who built a house and did not inaugurate it, or planted a vineyard and did not redeem its fruit, or engaged a woman and did not have Nisu'in!
2. Rejection: "Him" - he is not diverted, but others are diverted.

(n) Question: Since it says, "No (obligation) will divert him", why must it say, "He will not go to the army"?
(o) Answer: To forbid serving in the army with a 2nd Lav.

(a) (Mishnah): "The Shotrim will add on ..." - R. Akiva says, "The one who fears, his heart is soft" - this is as the simple meaning, he cannot stand in the thick of combat, to see a drawn sword;

1. R. Yosi ha'Gelili says, this is someone that is afraid of his sins; therefore, the Torah exempted those that built houses, planted vineyards, or engaged a woman, so people should not know who is leaving because he has sinned.
2. R. Yosi says, a man married to a woman forbidden to him, e.g. a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or vice-versa - he is the one that is afraid (of his sins).

(b) When the Shotrim finish speaking, they appoint officers at the front and back of the army;
(c) They appoint valorous men at the front; others are at the back, with iron arrows, and they are allowed to cut the legs of anyone that wants to go back.

1. This is because falling is the beginning of fleeing - "Yisrael fled form the Philistines, and there was a great plague among the nation";

i. Also - "Yisrael fled form the Philistines, and their corpses fell".

(d) All this applies to an optional war; but in a war which is a Mitzvah, everyone goes to fight, even a Chasan from his room and a Kalah from the bridal canopy;
(e) R. Yehudah says, all this applies to a war that is a Mitzvah; but in an obligatory war, everyone goes to fight, even a Chasan and a Kalah.
(f) (Gemara) Question: On what do R. Yosi ha'Gelili and R. Yosi argue?
(g) Answer: R. Yosi ha'Gelili says that even one that transgressed a Mitzvah mid'Rabanan does not fight; R. Yosi says, only one that transgressed a Mitzvah mid'Oraisa.
(h) Question: As whom is the following Beraisa?

1. (Beraisa): One that talked in between putting on the head Tefilin and the hand Tefilin - this is a sin, and it disqualifies him from fighting.

(i) Answer: It is as R. Yosi ha'Gelili.
(j) Question: As whom is the following Beraisa?

1. (Beraisa): One that is shaken when he hears horns sounding, and shields clashing; he wets his pants when swords are brandished - he returns from the army.
2. Suggestion: This is as R. Akiva, not as R. Yosi ha'Gelili.

(k) Answer: No, it is even as R. Yosi ha'Gelili - "He will not soften the heart of his brothers as his own heart".
(l) (Mishnah): When the Shotrim finish ...
(m) Objection: Falling is not the beginning of fleeing - rather, fleeing is the beginning of falling!
(n) Correction: That is the correct text of the Mishnah.
(o) (Mishnah): All this applies to an optional war ...
(p) (R. Yochanan): What Chachamim call an optional war, R. Yehudah calls a Mitzvah; what Chachamim call a war of Mitzvah, R. Yehudah calls an obligatory war.

1. (Rava): All agree, Yehoshua's war to conquer (the 7 nations of Eretz Yisrael) was obligatory; all agree, David's war for additional territory was optional;
2. They argue regarding a war against Nochrim so they should not attack us later - Chachamim call this optional, R. Yehudah calls it a Mitzvah.

i. According to R. Yehudah, one engaged in such a war is exempt form performing other Mitzvos which arise; according to Chachamim, he is obligated to do the other Mitzvos.

4) THE BEHEADING OF THE CALF

(a) (Mishnah): The Parsha of the beheaded calf is said in Hebrew - "When you will find a corpse on the ground, your elders and judges will go out".
(b) 3 judges of the great Sanhedrin in Yerushalayim go out; R. Yehudah says, 5.

1. "Your elders" - this is 2; And judges" - another 2; and since we do not make a Beis Din with an even number of judges, we add a 5th.

(c) If the corpse is found covered in a mound, or hanging from a tree, or floating on the water, a calf is not beheaded - "On the ground", not hidden; "That fell", not hanging from a tree; "In the field", not floating on the water.
(d) If it is found near the border (of Eretz Yisrael), or near a city that is mostly Nochrim, or near a city without a Beis Din (Sanhedrin), they do not behead a calf; they only measure to a city that has a Beis Din.
(e) (Gemara) Question: How does the verse show that the Parsha is said in Hebrew?
(f) Answer (R. Avahu): Since it says "They will answer and say" - which is also said by the blessings and curses on Har Gerizim and Har Eival.

1. Just as those were in Hebrew, also the Parsha of the beheaded calf.
2. The continuation of the Mishnah (they will go out...) merely details the procedure of beheading the calf.

(g) (Mishnah): R. Yehudah says 5 ...
(h) (Beraisa - R. Yehudah): "Your elders and your judges will go out" - 'Your elders' teaches 2 judges; 'and your judges' teaches 2 judges; we do not make a Beis Din with an even number of judges, so we add a 5th;

1. R. Shimon says, 'Your elders' teaches 2 judges; we do not make a Beis Din with an even number of judges, so we add a 3rd.

(i) Question: Why doesn't R. Shimon add 2 for 'And your judges'?
(j) Answer: He uses that to teach that the most special of the judges go (i.e. from the great Sanhedrin).
(k) Question: How does R. Yehudah learn this?
(l) Answer #1: From the fact that it says "Your elders", as opposed to 'Elders'.

1. Question: Why doesn't R. Shimon learn this way?
2. Answer: R. Shimon says, had the Torah said 'Elders', it would mean any aged people; if it only said "Your elders", it would mean members of any Sanhedrin; it had to say also "And your judges", to teach that members of the great Sanhedrin must go. (This refutes the answer given for R. Yehudah!)

(m) Answer #2: R. Yehudah learns a Gezeirah Shavah "Elders-elders" from the judges that lean on the sacrifice brought for a mistake of the great Sanhedrin.
(n) Objection: If so, he should learn 5 judges directly (5 judges lean there) - what would he learn from "Your elders", and "And your judges"?!
(o) Answer #3: Really, he learns as R. Shimon; however, he expounds "And (your judges)" to teach another 2. 1. R. Shimon does not expound "And".