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Yoma 69
YOMA 59-88 have been dedicated to the memory of the late Dr. Simcha
Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife
and daughters. Well known in the community for his Chesed and Tzedakah, he
will long be remembered.
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1) "KIL'AYIM" IN THE "BIGDEI KEHUNAH"
QUESTION: The Gemara discusses whether it is permitted for a Kohen to
derive benefit from the Bigdei Kehunah while he is not performing an
Avodah. Does deriving benefit from the Bigdei Kehunah constitute Me'ilah or
not? The Gemara provides various proofs to permit deriving benefit from the
Bigdei Kehunah. The first proof is from our Mishnah, which states that the
Kohen Gadol may wear the Bigdei Kehunah when he reads from the Torah (which
is not an Avodah). Second, the Gemara quotes a Beraisa which says that the
Kohanim are permitted to sleep in and to walk around while wearing the
Bigdei Kehunah. Finally, the Gemara cites a Beraisa which says that the
Kohanim are permitted to place the Bigdei Kehunah beneath their heads when
going to sleep.
The Gemara rejects the last proof and says that the Beraisa does not mean
that it is permitted to place the Bigdei Kehunah *underneath* their heads,
but rather *beside* their heads. The Gemara lends support to this
interpretation by pointing out that if it actually meant under their heads,
there would be a problem of deriving benefit from Kil'ayim (for the Avnet
was made of wool and linen).
Why is the Gemara addressing the problem of Kil'ayim only at this point? If
there is a problem wearing the Bigdei Kehunah because of Kil'ayim, then why
did the Gemara suggest at the beginning of the Sugya that it is permitted
to wear the Bigdei Kehunah even when the Kohen is not doing an Avodah? Even
if there is no Isur of Me'ilah, there is still an Isur of Kil'ayim! Why
does the Gemara only address the problem of Kil'ayim now, when discussing
placing the Bigdei Kehunah underneath one's head?
ANSWERS:
(a) TOSFOS (Menachos 40b-41a, DH Techeles) and TOSFOS YESHANIM here point
out that there is strong proof from this Sugya for the opinion of RABEINU
TAM. Rabeinu Tam asserts that since it is permitted to wear a garment with
Kil'ayim in order to fulfill the Mitzvah of Tzitzis, one may wear that
garment even at a time when no Mitzvah is being fulfilled (such as at
night). (That is, Rabeinu Tam maintains that the reason it is permitted to
wear a garment with Kil'ayim in order to fulfill the Mitzvah of Tzitzis is
not merely because of "Aseh Docheh Lo Ta'aseh," but because the Torah
completely permitted -- Hitirah -- the Isur of Kil'ayim on a garment with
Tzitzis.) A similar principle may be applied to Kil'ayim in the Bigdei
Kehunah. Since the Kohen is permitted to wear Kil'ayim while he is
performing the Avodah, he may also wear the Bigdei Kehunah with Kil'ayim
while he is not performing the Avodah. The Isur of benefiting from Kil'ayim
will apply only when the Kohen is *not* wearing the Bigdei Kehunah, but is
warming hiself with them in another manner. The Torah permits Kil'ayim only
when the Kohen is *wearing* the Bigdei Kehunah, but not when he is sitting
on top of the Bigdei Kehunah or resting his head on them.
(See also RA'AVAD, Hil. Kilayim end of 10 and Hil. Klei ha'Mikdash 8:10,
who rules like Rabeinu Tam and argues with the Rambam on this point..)
(b) The MEFARESH in Tamid (27a) says that the question of Kil'ayim *does*
refer back to the beginning of the Sugya, and the Gemara indeed could have
asked it there. The Gemara, though, knew that the answer to the question
would apply to the entire Sugya, to all the cases of wearing the Bigdei
Kehunah with Kil'ayim. The Gemara answers that the garment with Kil'ayim is
made of a very hard material, to which the Isur of Kil'ayim does not apply.
The Mefaresh learns that not only is it permitted to lie on Kil'ayim when
the garment is made of a hard material, but there is no problem of even
*wearing* Kil'ayim when the garment is made of a hard material, because it
does not warm a person while he wears it, and if it does not serve to warm
it is not Kil'ayim. (See below, Insight #3.)
2) THE PROHIBITION OF LYING ON "KIL'AYIM"
QUESTION: The Gemara cites a Beraisa which states that although the Torah
only forbids one from putting Kil'ayim upon his body, the Rabanan
prohibited even lying down or sitting on top of Kil'ayim, out of fear that
perhaps a thread of Kil'ayim will wrap up onto the person. The Gemara asks
that perhaps that Isur d'Rabanan applies only when the Kil'ayim is directly
underneath the person, but if there is an intervening object between him
and the Kil'ayim it is permissible. The Gemara responds with a quote from
the Tana'im that even if there are ten sheets spread one on top of the
other and there is Kil'ayim underneath them, it is forbidden to lie upon
the top sheet.
Why does the Beraisa say that the reason for the prohibition of lying on
Kil'ayim is because perhaps a thread of Kil'ayim will wrap up onto the
person? If it is forbidden to lie even on sheets which are on top of
Kil'ayim, the prohibition s obviously *not* due to the fear that a thread
might wrap up onto one's body, because there are many sheets separating his
body from the Kil'ayim! Rather, it is a Gezeirah to prevent one from taking
the Kil'ayim that is underneath him and wearing it. Why, then, does the
Beraisa give the reason of a hair wrapping up onto his body?
ANSWERS:
(a) The RITVA (Beitzah 14b) says that the Gezeirah prohibiting lying on top
of ten sheets that are on top of Kil'ayim is actually a "Gezeirah
l'Gezeirah," a rabbinical decree made to safeguard another decree. The
original Gezeirah of the Rabanan was to prohibit lying directly on a
garment of Kil'ayim, lest a thread of Kil'ayim wrap up onto his skin. The
Gezeirah prohibited lying on ten sheets which are on top of Kil'ayim was
enacted in order to prevent one from lying directly on Kil'ayim, which
would then be Asur because a thread might wrap onto his skin. (Both
Gezeiros are considered to be one Gezeirah -- "Kula Chada Gezeirah" --
since they were both enacted at one time.)
(b) The RAMBAM (Hilchos Kil'ayim 10:12) appears to have learned that even
if a garment of Kil'ayim is beneath ten sheets, we are still afraid that a
thread from the garment of Kil'ayim might somehow get on top of the sheets
and reach one's skin. It is all the same Gezeirah. This also appears to be
the opinion of TOSFOS (DH Kashim).
The Rambam and Tosfos are consistent with their own opinions. They hold
that even if a garment is very hard, it is prohibited to lie directly on
top of it. It is only permitted if there is something separating between
his skin and the hard garment of Kil'ayim. They consider sitting on
Kil'ayim to be a form of "Ha'ala'ah," placing the garment on one's body,
because what difference does it make if the garment is on top of his body,
or his body is on top of the garment? As long as one's flesh is touching
the garment, it is considered Ha'ala'ah. According to this view, it is not
necessary to have a Gezeirah to prohibit sitting on Kil'ayim because of the
reason that a thread might wrap up onto one's body. Why, then, was such a
Gezeirah made? It must be that the Gezeirah that a thread might wrap up
onto his body was made to prohibit a garment of Kil'ayim underneath several
sheets.
(c) The RAN in Beitzah (14b) infers from RASHI there (DH Shema Tikarev)
that the prohibition against lying on Kil'ayim lest a thread wrap itself up
onto his body is an Isur d'Oraisa and not d'Rabanan. When the Beraisa says
that "the Chachamim said that it is forbidden [to lie on Kil'ayim]," it
means that it is forbidden because it is a Safek of an Isur d'Oraisa. In
the case of the Kil'ayim underneath the ten sheets, there is no Isur
d'Oraisa, but only a Gezeirah so that one not come to sit on the garment of
Kil'ayim itself.
(d) The RAN himself, though, suggests that the Gezeirah of lying on top of
sheets which are on top of a garment of Kil'ayim is a Gezeirah to prevent
Ha'ala'ah -- to ensure that one does not pick up the garment and wear it.
It has nothing to do with the fear that a thread will wrap onto one's body;
we are not afraid of that, since the Kil'ayim is below other sheets.
This Gezeirah that one might wear the Kil'ayim, however, applies only to
the type of garment that is normally worn, but not to sheets. If the
Kil'ayim on bottom is a sheet, it is only prohibited to sit directly on top
of it, because there is no fear that one might pick it up and wear it.
Rather, there is only a fear that since he is sitting directly on the
Kil'ayim, a thread might wrap up onto him. An item of clothing, on the
other hand, is prohibited even if it is under ten sheets, because then the
Gezeirah that he might wear it applies.
This explanation is supported by the text of the Beraisa which says, "Even
ten sheets, one on top of the other, and Kil'ayim *beneath them* [is
prohibited]." This implies the prohibited item itself is not a sheet, but
is a different garment made of Kil'ayim.
3) "KIL'AYIM" MADE FROM A HARD MATERIAL
OPINIONS: The Gemara says that since the Avnet is made of a hard material,
there is no prohibition of Kil'ayim when the Kohen lies on it. When exactly
is it Mutar to use Kil'ayim made from a hard material?
(a) The RA'AVAD (on the Rif, Beitzah 15a) explains that mid'Oraisa, there
is no prohibition of Kil'ayim from a hard material, and mid'Oraisa it is
permissible even to wear such Kil'ayim. The Rabanan, though, made a
Gezeirah not to wear it, but they permitted sitting or lying on it. A soft
material of Kil'ayim, of course, is prohibited to wear mid'Oraisa, and is
prohibited to sit on or lie on mid'Rabanan. If the material is somewhat
soft and somewhat hard, then it is prohibited to *wear* mid'Oraisa, but it
remains completely permissible to *sit on*. The Rabanan did not enact the
Gezeirah for such material because it is not common ("Lo Shachi'ach").
(b) RASHI (DH Shari) in our Sugya says that placing Kil'ayim of a hard
material on one's body ("Ha'ala'ah") is permitted even though it is
normally Asur mid'Oraisa to place Kil'ayim on one's body. The reason is
because Ha'ala'ah is only forbidden if it is done in a manner similar to
*wearing* it. It must give a person "Hana'ah" benefit [e.g. through
providing warmth], like wearing it always does.
We can infer from Rashi that *wearing* Kil'ayim ("Levishah") is *always*
forbidden, even when the material is hard, because (as the TOSFOS RID in
Beitzah says) when one wears an item, he derives benefit not only from the
warmth that it provides, but from the protection that it affords or from
the Kavod that it brings him. That is no so when it comes to Ha'ala'ah, in
which case the only benefit that one derives from the cloth is the warmth.
(c) TOSFOS (Beitzah) and TOSFOS YESHANIM here explain in the name of
RABEINU TAM that whenever there is an Isur *d'Rabanan* of Kil'ayim (such as
lying down on a normal garment of Kil'ayim), the Rabanan permitted using
that Kil'ayim if it is from a hard material. However, any form of Kil'ayim
which is Asur mid'Oraisa remains Asur mid'Oraisa even when it is a hard
material. Therefore, as far as sitting on Kil'ayim which is Asur
mid'Rabanan, or wearing Kil'ayim the threads of which were pressed and not
woven (which is Asur mid'Rabanan), the Rabanan permitted it if it is a hard
material.
The RA'AVAD in Tamid (27b) permits Kil'ayim of a hard material only when
one is sitting or lying on top of it. That is, only "Hatza'ah" is permitted
when the material is hard. Any other Isur d'Rabanan remains Asur even if
the material is hard (such as wearing a garment of pressed threads which
were not woven). He says in the name of Rabeinu Efraim that the threads of
a hard cloth do not have a tendency to wrap up around the person, and
therefore the Gezeirah against lying on Kil'ayim does not apply to hard
material.
(d) The RAMBAM (Hilchos Kil'ayim 10:13) rules that there is an Isur
d'Oraisa for wearing Kil'ayim of a hard material. It is only permitted to
sit or lie on hard Kil'ayim (Hatza'ah), but not to wear it (Levishah) or to
place it on top of one's body (Ha'ala'ah), like the Ra'avad in Tamid.
Furthermore, the Heter to sit or lie on hard Kil'ayim applies only when the
material is not touching the person's skin. If one is sitting directly on
top of the Kil'ayim, then according to the Rambam it is forbidden. (The
Ra'avad in Tamid suggests that the reason for this is because the Rambam
maintains that Ha'ala'ah applies whenever the Kil'ayim is in direct contact
with the person's skin, whether the garment is on the person or the person
is on the garment. Ha'ala'ah is Asur mid'Oraisa, and therefore it remains
Asur even when the Kil'ayim is a hard material.)
69b
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