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Yevamos 79
YEVAMOS 79, 80 - The first two of four Dafim dedicated in honor of Dr.
Charles and Rosalind Neustein, whose retirement to Florida allows them to
spend even more time engaging in Torah study!
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1) [line 2] NIKRINHU U'NEFAISINHU - let us call them and appease them
2) [line 7] V'HOKANUM - and we will hang them
3) [line 7] MIFAYEIS V'LO PAISINHU - he tried to appease them but they would
not be appeased
4) [line 18] HA'MECHOLASI - from the town of Mecholah
5) [line 19] KOL SHE'ARON KOLTO, L'MISAH - anyone whom the Aron would hold,
was chosen to die
6) [line 30] "VA'TIKACH RITZPAH VAS AYAH ES HA'SAK..." - "And Rizpah the
daughter of Ayah took a sackcloth, and spread it out for herself upon the
rock, from the beginning of the harvest until the rain dropped upon them from
the sky, and she did not let the birds of the air to rest on them by day, nor
the beasts of the field by night." (Shmuel II 21:10)
7a) [line 33] "[V'CHI YIHEYEH V'ISH...] LO SALIN NIVLASO AL HA'ETZ, [KI KAVOR
TIKBERENU BA'YOM HA'HU] - "[And if a man has committed a sin deserving death,
and he is put to death, you shall hang him on a gallows. However,] his body
shall not remain all night upon the gallows, [but rather you shall bury him
that day...]" (Devarim 21:22-23) - Rebbi Eliezer (Sanhedrin 45b) rules that
this verse refers to all convicts who are stoned. After being executed, their
dead bodies are hanged. The Rabanan argue, claiming that a blasphemer or
idolater are the only capital offenders whose sentence is hanging.
b) [line 33] LO SALIN (HALANAS HA'MES / KEVURAS HA'MES)
(a) The Mitzvas Aseh of Kavor Tikberenu and the Lav of Lo Salin apply not
only to someone who has been hanged, but to all convicts sentenced to the
death penalty. The Mitzvas Aseh is transgressed if one does not bury the body
before sunset. The Lav in only transgressed at dawn.
(b) The SEFER HA'CHINUCH (#536, 537) writes that the Mitzvas Aseh also
dictates that all Jews be buried on the day that they die (this explains why
a person who dies without anyone to bury him is called a Mes Mitzvah).
However, there are those who argue (See Minchas Chinuch ibid.). All opinions
agree that the Lav applies to any Jew who has died (unless burial is delayed
for the honor of the deceased; e.g. so that many people will go the funeral.
8) [line 36] GERIM GERURIM - converts who "pushed themselves in" to the
Jewish people without fully accepting all of the Mitzvos, and without being
properly accepted by a reliable Beis Din
9) [line 41] DUGZAR (Girsa of the ARUCH: RONGAR) - hired laborers
79b---------------------------------------79b
9) [line 9] SERIS ADAM/SERIS CHAMAH
(a) A Seris is a man who cannot have children. The Torah (Devarim 23:2) calls
a Seris either a Petzu'a Daka or a Kerus Shafchah, depending upon the parts
of his body that are flawed.
(b) If a person became a Seris through unnatural means, whether at the hands
of another person or as a result of an injury, he is called a "Seris Adam." A
Seris Adam is prohibited by the Torah to marry a Jewish woman (ibid.).
However he may marry a convert or a freed maidservant (Yevamos 76a). If a
person is born a Seris, he is called a Seris Chamah, and is permitted to
marry into the Jewish people (Yevamos 75b). A Seris Adam usually cannot be
healed, while a Seris Chamah can be healed (as our Mishnah says). If a person
became a Seris through disease, the RAMBAM (Hil. Isurei Bi'ah 16:9) rules
that he is considered a Seris Chamah, and permitted to marry in to the Jewish
people, but the ROSH (Yevamos 8:2, based on the words of RASHI Yevamos 75b DH
b'Yedei Shamayim) considers him a Seris Adam, and prohibits him to marry into
the Jewish people.
(c) A Seris does not develop normal pubic hair, the normal sign of Halachic
puberty ("Gadlus"). He is considered to have reached Halachic puberty upon
reaching the age of twenty, if he displays the various symptoms by which a
Seris may be recognized (which are listed in Yevamos 80b). The Amora'im argue
as to whether just one or all of the symptoms are necessary to pronounce a
man a Seris. At that point, some Amora'im say that he is deemed to have
reached puberty retroactively from the age of 13 (see Yevamos 80a). If he
does not display the symptoms of a Seris, he is not pronounced a Seris, and
not considered to have reached Halachic puberty, until he reaches the age of
35 and one day. (See Yevamos Chart #24.)
10) [line 10] SHE'AS HA'KOSHER - a time when he was permitted (before he
became sterile)
11) [line 17] BEN MEGUSAS - a person who came from the town of Megusas
12) [line 19] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil", a ram, which is a male and does not have a womb
(Kesuvos 11a)
13) [line 28] KEHAL GERIM LO IKRI KAHAL - converts are called [and are
included within] the congregation of HaSh-m, the main body of the Jewish
people
14) [line 47] CHAYAVEI LAVIN D'SHE'ER - relatives that are prohibited by a
Mitzvas Lo Sa'aseh
*15*) [line 49] SHE'LO NA'ASEH BA'ALAH SERIS CHAMAH SHA'AH ACHAS KODEM
L'MISASO - (Rava is proving from this that any Seris who was not *born* a
Seris, but became one later in life, can perform Yibum, like Rebbi Akiva
ruled in the Mishnah.)
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