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Zevachim 3
ZEVACHIM 2-4 - Dedicated to the leaders and participants in the Dafyomi
shiurim at the Young Israel of New Rochelle, by Andy & Nancy Neff
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1) [line 1] V'NIMLACH - and he changed his mind
2) [line 4] D'INTIK LEI - it was designated for...
3) [line 9] LAVLAR - a scribe
4) [line 10] EIN BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah doesn't work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. Example: If a
person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates "if my Rebbi is *presently* staying in
a village towards the East, I would like the Eastern Eruv to work, if not, I
would like the Western Eruv to work." The man making the Eruv may not know
where his Rebbi is, but when he finds out, the Eruv will have taken effect
on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely
on Bereirah.
5) [line 18] TOFSEI GITIN (GITIN: TOFES / TOREF)
(a) See Background to Zevachim 2:18.
(b) The "Tofes" of a Get is the standard text of a Get, as opposed to the
"Toref," the main part of the Get. The Toref includes the names of the
couple, the places where they are to be found at the time of the writing (or
where they live, or where they were born, according to some), the date and
place where the Get is written and the words, "Harei At Muteres l'Chol
Adam."
6) [line 12] MAKOM HA'EDIM - (there are those who are Gores "Makom
*he'Arim*," i.e. the places that need to be written in the Get (YOSEF
DA'AS). TOSFOS (Gitin 80a DH v'Shem Iro) writes that up to seven places
could be mentioned in a Get: where the couple are to be found at the time of
the writing (or where they currently live), where they were born, and where
the Get is written.)
7) [line 18] D'MINAH MACHARIV BAH - its own type destroys it
8) [line 21] DAL - leave out
9) [line 28] TOCHO V'LO TOCH TOCHO - inside of it and not inside of
something that is inside of it (TUM'AS KELEI CHERES)
(a) Klei Cheres are clay and earthenware utensils. They do not receive
Tum'ah when an object of Tum'ah touches their outside. They only become
Tamei when Tum'ah enters them (even if the Tum'ah does not touch them).
Therefore, when they are covered with a Tzamid Pesil (a tight seal) they
cannot become Tamei even if they are in the Ohel of a Mes, as is stated in
Bamidbar 19:15. If they do become Tamei, they make any food or drink items
that enter them Tamei, even if the items did not touch their inside surface.
(b) If the clay and earthenware utensils become Tamei, they remain so until
they are broken beyond use. Immersing them in a Mikvah does not change their
status.
(c) Our Gemara discusses the case of a metal utensil, the closed part of
which is inserted into a Keli Cheres while the mouth of it lies above the
mouth of the Keli Cheres. Any food or drink items that are in the metal
utensil remain Tahor because they are "Toch Tocho." The verse (Vayikra
11:33) states that the items that become Temei'im are "b'Tocho," i.e. only
inside of it, and not in "Toch Tocho," i.e. inside of something that is
inside of the Keli Cheres. (For a further discussion of the principles of
Tum'os and Taharos, see Background to Nazir 54:13.)
10) [line 28] KELEI SHETEF
(a) The term "Kelei Shetef" refers to all vessels that can be immersed in a
Mikvah to make them Tahor. This includes metal and wooden utensils,
clothing, leather goods and sacks. They are called Kelei Shetef based on the
words of the verses, "and if it is cooked in a copper utensil, it must be
emptied and immersed ("v'Shutaf") in a Mikvah" (Vayikra 6:21) and "If it is
a wooden utensil, it must be immersed ("Yishatef") in a Mikvah" (Vayikra
15:12).
(b) For a further discussion of the principles of Tum'os and Taharos, see
Background to Nazir 54:13.
11) [line 28] AFILU KELI SHETEF MATZIL - see above, entry #9:c.
12) [line 29] MECHITZAH ETZEL TANUR - like a partition in an oven (which
does not prevent the spread of Tum'ah)
13) [line 32] SHE'CHATZETZO - that he divided
14a) [line 32] NESARIM - planks
b) [line 32] YERI'OS - curtains
15) [line 33] SHERETZ (TUM'AS SHERETZ)
(a) A Sheretz (a crawling pest -- see Background to Shabbos 107:5), even if
it or a part of it is only the size of an Adashah (lentil bean), is an Av
ha'Tum'ah (Vayikra 11:29-38, Chagigah 11a). It makes a person or object
Tamei through Maga (contact), whether the Sheretz was touched willingly or
unwillingly. The person who becomes Tamei by touching a Sheretz may not eat
Terumah or Kodshim or enter the Azarah of the Beis Ha'Mikdash. However, he
can immediately immerse in a Mikvah. After nightfall he becomes Tahor and
may eat Terumah or Kodshim or enter the Azarah.
(b) In addition to Tum'as Maga, a dead Sheretz that is found in an
earthenware oven makes the oven and all food or drink items that are in it
Temei'im, whether the Sheretz touches them or not.
16) [line 33] KAVERES - a usually-round container that resembles a bee hive
17) [line 34] PECHUSAH - damaged [to the point where it is no longer
considered a complete utensil with regard to the laws of Tum'ah and
Taharah -- see Shabbos 95b]
18) [line 34] PEKUKAH B'KASH - plugged up with straw
19) [line 34] MESHULSHELES L'AVIR HA'TANUR - lowered into the airspace of an
oven
20) [line 37] IM HITZIL B'MES HE'CHAMUR - if it saves [objects from becoming
Temei'im] with regard to a corpse, which is [a] stringent [case of Tum'ah]
(TUM'AS OHEL)
(a) A k'Zayis of the flesh of a Mes (corpse) is an "Avi Avos ha'Tumah" and
is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the
same room (lit. tent). An Ohel is defined as a covered space that is at
least one Tefach in length, width and height. If a person becomes Tamei with
Tum'as Mes, he must wait seven days to go to the Mikvah. Furthermore, on the
third and seventh days he must have Mei Chatas (water mixed with ashes of
the Parah Adumah -- see Background to Avodah Zarah 46:19) sprinkled on him.
(b) In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is
passing through it and does not stop moving. A person who enters an Ohel
ha'Mes becomes Tamei even if only a bit of his body enters, even when
entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents
the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)
(c) The bones of a Mes are only Metamei through Ohel under one of three
conditions: 1. They constitute a quarter of a Kav (Rova Ha'kav); 2. They are
the majority of the human body (whether they are the majority of the *build*
(Rov Binyano) of the body or the majority of the *number* (Rov Minyano) of
248 bones; 3. The bone is a complete skull or a complete spinal column. In
order to be Metamei through Maga and Masa, it is enough for the bone to be
the size of a Se'orah (a grain of barley).
(d) When an object that can be Metamei b'Ohel is located in an Ohel, the
Ohel makes everything in it Tamei and protects anything that is above it
from becoming Tamei. That is, an Ohel is *Mevi* Tum'ah (spreads Tum'ah
inside of it) and is *Chotzetz* from Tum'ah (intervenes between the Tum'ah
and the space above the Ohel, preventing Tum'ah from spreading above it). If
the object of Tum'ah in our Sugya is located below the tree, the branches
above it create an Ohel over the Tum'ah.
(e) However, not all objects that cover Tum'ah are Mevi and Chotzetz. There
are objects that are Mevi and not Chotzetz and other objects that are
Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz
(Ohalos 8:5). An object that is flying through the air, such as a bird or a
Talis that is carried or caught up by the wind, is not an Ohel and is not
Mevi or Chotzetz, even if it is one Tefach wide.
21) [last line] KELI CHERES
See above, entry #9.
3b---------------------------------------3b
22) [line 1] (CHALUKAH B'OHALIN) [CHOLKIN OHALIM] - they (Mechitzos)
partition rooms (lit. tents [of a Mes]) (see above, entry #19)
23) [line 8] "V'LO YECHALELU ES KODSHEI BENEI YISRAEL" - "And they shall not
profane the holy things of the people of Yisrael" (Vayikra 22:15)
24) [line 12] OCHLIN SHE'GIVLAN B'TIT - food that was kneaded with mortar
(such that the mortar entirely covers the food)
25a) [line 13] HO'IL UVI'NEGI'AH LO MITAMEI - since they cannot receive
Tum'ah from touching [a Sheretz] (because they are completely covered)
b) [line 14] B'AVIRO NAMI LO MITAMU - [we would have thought that] they
would also not receive Tum'ah from the airspace [of a Keli Cheres]
26a) [line 16] SHINUY KODESH - changing the type (lit. sanctity) of Korban,
e.g. slaughtering a Korban Olah as a Korban Shelamim
b) [line 16] SHINUY BE'ALIM - changing the owner of a Korban e.g. casting
the blood of Reuven's Korban for the sake of Shimon
27) [line 17] CHATAS SHE'SHACHATAH L'SHEM CHATAS - a Korban Chatas [that was
to be brought to atone for a specific sin, e.g. for unintentionally eating
Chelev] that was slaughtered for the sake of a [different] Korban Chatas
[e.g. to atone for eating blood] (RASHI)
28) [line 23] "V'SHACHAT OSAH L'CHATAS" - "[And he shall lay his hand upon
the head of the sin offering,] and slaughter it as a sin offering [in the
place where they slaughter the burnt offering.]" (Vayikra 4:33)
29) [line 25] "V'CHIPER ALAV" - "[And he shall take away all of the Chelev
[from the Korban Chatas], as the Chelev of the lamb is taken away from the
Korbenos Shelamim; and the Kohen shall burn them upon the altar, on the
fires of HaSh-m;] and the Kohen shall make an atonement for him [for his sin
that he has committed, and he shall be forgiven.]" (Vayikra 4:35)
30) [line 33] TOCH TOCHO TOCH TOCHO - the two words "Tocho" (Vayikra 11:33)
could have been written "Toch" each time. As such, four teachings can be
derived from these words
31a) [line 34] CHAD L'GUFEI - one for its simple meaning (that food and
drinks become Teme'im in the airspace of Kelei Cheres)
b) [line 34] CHAD LI'GEZEIRAH SHAVAH - one for the Gezeirah Shavah (Chulin
24b) that teaches that a Sheretz can cause the earthenware utensil, the
airspace of which it enters, to become Tamei
c) [line 35] CHAD TOCHO SHEL ZEH V'LO TOCHO SHEL ACHER - one to teach that
the principle of Tum'ah that applies to the airspace of utensils only
applies to Kelei Cheres and not to any other utensils (e.g. metal utensils
do not receive Tum'ah when a Sheretz enters their airspace, unless it
actually touches the sides of the utensil)
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