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Yevamos 104
YEVAMOS 104 & 105 (6 & 7 Adar II) - have been dedicated by Harav Avi Feldman
& family in memory of his father, the Tzadik Harav Yisrael Azriel ben Harav
Chaim (Feldman) of Milwaukee (Yahrzeit: 6 Adar)
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1) [line 1] IR HA'NIDACHAS
A city that was led astray (Nidach) to the extent that its inhabitants
willfully committed idolatry, must be destroyed. All of those who were led
astray must be killed and the city burned, along with all of the possessions
of its inhabitants, as stated in Devarim 13:13-19. The righteous people who
were not led astray are not killed, but their possessions are burned.
2) [line 1] SHEL ZAKEN, HE'ASUY LI'CHVODO - (lit. belonging to an old man,
made for his honor) a sandal that is used as part of the shrouds of a dead
man
3) [line 5] MASGI BEI - walks in it
4) [line 10] RIVIM - court cases
5) [line 13] GEMAR DIN - announcement of the verdict
6) [line 16] MOK - (O.F. chalcon) sock, light shoe; made of hard felt
(RASHI)
7) [line 17] RAV GUVREI - (sarcastically) how great is his strength!
8) [line 32] METZORA
(a) THE PROCESS BY WHICH A METZORA BECOMES TAMEI - When a person develops a
mark that looks like Tzara'as, a Kohen must ascertain whether or not it is a
Nega Tzara'as. If it is indeed a Nega Tzara'as, the Kohen tentatively
pronounces him Tamei for one week, making him a Metzora Musgar (Hesger
Rishon). The Kohen returns after a week to see what changes, if any,
occurred to the mark. If there are no changes, the person remains a Metzora
Musgar (Hesger Sheni) and the Kohen returns after the second week. If there
are still no changes the Kohen pronounces the person to be Tahor. If the
Kohen *confirms* the Tum'ah of the Metzora due to the appearance of Simanei
Tum'ah in the mark, the Kohen pronounces him a Metzora Muchlat. A Metzora
Muchlat remains Tamei until his Simanei Tum'ah go away.
(b) The names and colors of four types of marks that make a person a Metzora
are 1. Baheres, which is the color of snow; 2. Se'es, which is the color of
clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color
of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es,
which is the color of the white membrane found on the inside of an egg.
(c) The Simanei Tum'ah for marks that appear on the skin (Nig'ei Basar) are:
1. the mark spreads (Pisyon); 2. at least two white hairs (Se'ar Lavan) grow
inside the mark; or 3. a patch of healthy skin (Michyah) appears in the
middle of the Nega.
(d) 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.
(e) The Metzora next shaves 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 waits seven days, 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 Yevamos 74:7).
(f) On the eighth day, the Metzora must bring 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 these
animals, he is called a poor Metzora. The poor Metzora brings two
turtledoves or two common doves as the Olah and the Chatas; however, a sheep
is still brought as his Asham.
(g) 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 awning of the gate.
(h) 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 Kodashim). (RAMBAM Hilchos Mechusarei Kaparah 4:2-3)
9) [line 33] RETZI'AH (EVED IVRI NIRTZA - a Jewish slave whose ear has been
pierced who works for his master until the Yovel year)
(a) There are two ways that a Jew can be bought as a slave. Either he may
sell himself because he is destitute, or he may be sold by Beis Din to pay
back a theft. In either case he is obligated to work for his master for only
six years (Shemos 21:6) or until the Shemitah or Yovel years, whichever of
the three comes first (ibid. 21:2-4).
(b) If at the termination of six years he expresses his desire to continue
life as a slave, the master makes the slave stand near a doorpost and
pierces his right ear and the door with an awl. The slave then continues to
serve his master until the Yovel year (ibid. 21:6). This Halachah only
applies to slaves who were sold by Beis Din and not to slaves who sell
themselves (RAMBAM Hilchos Avadim 3:6).
10) [line 35] MUCHLEFES HA'SHITAH - (a) the opinions of the Rabanan and
Rebbi Elazar [in the Mishnah] have been mistakenly interchanged and should
be switched (see MITZPEH EISAN); (b) the opinions of the Rabanan and Rebbi
Elazar [in the Beraisa] have been mistakenly interchanged and should be
switched (YERUSHALMI, cited by the MITZPEH EISAN); (c) Rebbi Elazar changed
his opinion from what he held previously (M. Kornfeld, based on RASHI to
Eruvin 99a)
11) [line 36] MUFNEI
(a) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free
of any Derashah, they may be used unconditionally for the inference of a
Gezerah Shavah between the two topics.
(b) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a
Machlokes whether they may be used unconditionally for the inference of a
Gezerah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a
Gezerah Shavah if we have no logical argument against learning the Gezerah
Shavah (Lemedin u'Meshivin).
(c) EINO MUFNEH KOL IKAR - If both words are used for another Derashah,
there is a Machlokes whether they can only be used for a Gezerah Shavah if
we have no logical argument not to learn the Gezerah Shavah, or if they
cannot be used at all for a Gezerah Shavah.
104b---------------------------------------104b
12) [line 7] CHALTZAH BI'SHENAYIM, O BI'SHELOSHAH V'NIMTZA ECHAD MEHEN KAROV
O PASUL - if she performed Chalitzah in the presence of two judges (who were
qualified), or in the presence of three judges - one of whom was later found
to be a relative or disqualified
10) [line 19] PUMAIHU HU D'CHA'IV LEHU - (lit. their mouths hurt them) the
fact that they cannot talk is a side point; it does not show that they do
not posses intelligence
11) [line 26] KOL HA'RA'UY L'VILAH, EIN BILAH ME'AKEVES BO
(a) Regarding a Minchah that is a Nedavah (voluntary meal offering), the
Torah states "v'Chol Minchah Velulah va'Shemen" (Vayikra 7:10), from which
we learn that the oil that is poured onto the Minchah should be mixed
throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is
still Kesheirah.
(b) However, if someone brings so much flour that it is *impossible* for the
oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah
(Menachos 103b) states that if someone brings a Minchah to be offered on the
Mizbe'ach, it may not contain more than sixty Esronim of flour.
(c) Similarly, even if the Yavam and Yevamah do not read the verses
pertaining to Chalitzah, the Chalitzah is nevertheless valid, as long as
they are able to speak.
13) [line 35] SHENEI DEVARIM HA'MATIRIN, EIN MA'ALIN ZEH B'LO ZEH
(a) A Matir is something that must be done in order to permit something
else. For example, the Shechitah and Zerikas ha'Dam of the Kivsei Atzeres
are considered Matirim because they permit the Shtei ha'Lechem (the two
loaves of bread) that are brought with them to be eaten. The Shtei ha'Lechem
are only permitted if both Matirin are carried out properly.
(b) According to Rebbi Elazar, if only one Matir was preformed properly, it
has no effect. Similarly, if only Rekikah was performed, and not Chalitzah,
the Yevamah should not be forbidden to the other brothers. According to
Rebbi, if only one Matir was performed correctly, it has an effect; e.g. if
the Shechitah was done properly but not the Zerikah, the Shtei ha'Lechem are
Kadosh v'Eino Kadosh. That is, the loaves are Kadosh to the extent that they
can no longer be redeemed and if they leave the Azarah they become forbidden
(Yotzei) but they are not permitted to be eaten.
14) [line 36] KIVSEI ATZERES
The Torah commands to bring a Minchah offering on Shavuos called the Shtei
ha'Lechem (Vayikra 23:16-17). Besides Korbenos Olah, two sheep that are
Zivchei Shelamim are to be offered in conjunction with the Shtei ha'Lechem
(ibid. 23:19). (These sheep were the only Shelamim brought by the Tzibur,
and the only Shelamim that were Kodshei Kodshim.)
15) [line 38] LISHMAN (KORBANOS: LISHMAH)
(a) "Lishmah" is one of the Halachos that apply to Korbanos. This Halachah
specifies that all of the actions that are performed on the Korban (the
"Avodos") must be done with the intent of offering it as the specific type
of Korban for which it was designated, and for the sake of the owners who
dedicated it. For example, if Reuven brings a Korban Olah, the Kohen must
perform the Shechitah for the sake of Reuven's Korban Olah.
(b) Four Avodos of the Korban must be performed Lishmah: Shechitah, Kabalas
ha'Dam, Holachah and Zerikas ha'Dam.
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