12TH CYCLE DEDICATION

BECHOROS BECHOROS 30 - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants.

1)

ONE WHO IS SUSPECTED

(a)

A certain butcher was suspected of selling forbidden Chelev of the kidney and saying that it is permitted Chelev. Rava fined him, and forbade him to sell even nuts.

(b)

Rav Papa: Your fine is according to R. Yehudah. If so, you should forbid even water and salt!

(c)

Rava: No, it is according to R. Shimon. the fine applies only to the Isur;

1.

Children crave nuts. Reuven gives nuts to butchers' children, in exchange for which they bring to him forbidden Chelev (which their fathers had little use for anyway), and he would sell it.

(d)

(Mishnah): One who is suspected about Shemitah is not suspected about Ma'aser (Sheni) (Tosfos - to sell it and say that it is Chulin; Rashi - to sell Tevel without separating Ma'aser).

(e)

One who is suspected about Ma'aser is not suspected about Shemitah;

(f)

One who is suspected about either of these is suspected about Taharos (not to eat Chulin b'Taharah);

(g)

Someone can be suspected about Taharos but not about either of these.

(h)

The general rule is, one who is suspected about a matter cannot judge it nor testify about it.

(i)

(Gemara) Question: Why is someone suspected about Shemitah not suspected about Ma'aser?

(j)

Answer: Shemitah need not be eaten within the wall of Yerushalayim, but Ma'aser must. Perhaps he considers Ma'aser to be more stringent.

(k)

(Mishnah): One who is suspected about Ma'aser...

(l)

Question: Why is someone suspected about Ma'aser not suspected about Shemitah?

(m)

Answer: Ma'aser can be redeemed. Shemitah cannot be redeemed once it becomes forbidden (e.g. after Bi'ur). Perhaps he considers Shemitah to be more stringent.

2)

EXTRAPOLATION OF SUSPICION

(a)

(Mishnah): One who is suspected about either of these (is suspected about Taharos).

(b)

Since he is suspected to transgress a mid'Oraisa law, all the more so he is suspected about mid'Rabanan laws.

(c)

(Mishnah): One can be suspected about Taharos (but not about either of these).

(d)

Question: What is the reason?

(e)

Answer: Granted, he is suspected about a mid'Rabanan law, but he is not suspected about mid'Oraisa laws.

(f)

Contradiction (Beraisa): One who is trusted about Taharos is trusted about Shemitah.

1.

Inference: One who is suspected about Taharos is suspected about Shemitah! (Tosfos - the law itself is obvious. Surely it was taught for the inference.)

(g)

Answer #1 (R. Ilai): The Mishnah discusses one who was seen to observe Shemitah properly in private, in his house. (Surely, he was not trying to create a false impression!)

(h)

Answer #2 (R. Yanai, son of R. Yishmael): The Beraisa discusses one who was suspected about Taharos and Shemitah, then accepted in front of Chachamim to be careful about them;

1.

Later, he was suspected about one of them, therefore he is also suspected about the other.

(i)

Version #1 (Rabah bar bar Chanah): Our Stam Mishnah is like R. Akiva, but Chachamim say that one who is suspected about Shemitah is suspected about Ma'aser.

(j)

Question: Who are these Chachamim?

(k)

Answer: They hold like R. Yehudah. In his area, Shemitah was severe to people;

1.

There, someone once called someone "convert, son of a convert" (to insult him). The latter responded "I don't eat Shemitah produce like you do!"

(l)

Version #2 (Rabah bar bar Chanah): Our Stam Mishnah is like R. Akiva, but Chachamim say that one who is suspected about Ma'aser is suspected about Shemitah.

(m)

Question: Who are these Chachamim?

(n)

Answer: They hold like R. Meir, who says that one who is suspected about one matter is suspected about every Mitzvah.

(o)

R. Yonah or R. Yirmeyah explained like Version #1, and the other explained like Version #2.

30b----------------------------------------30b

3)

CHAVERUS

(a)

(A Chaver may not give tithes to an Am ha'Aretz (a non-Chaver), nor deal with Taharos with an Am ha'Aretz. He eats Chulin in Taharah, and he tithes what he eats, and what he sells to and buys from an Am ha'Aretz.)

(b)

(Beraisa): If an ignoramus accepted Chaverus, and he is suspected of one matter, he is suspected about everything

(c)

Chachamim say, he is suspected only about that matter.

(d)

If a Nochri converted and accepted the entire Torah, and he is suspected of one matter, he is suspected about everything. He is like a Yisrael Mumar.

1.

Question: What do we learn from this?

2.

Answer: If he was Mekadesh a woman, she is Mekudeshes.

(e)

(Beraisa): If one wants to be a Chaver, and he accepts Chaverus except for one matter, we do not accept him. (In every case, "acceptance" means that we trust him.)

(f)

R. Yosi b'Rebbi Yehudah says, even if he does not accept one Rabbinic law, we do not accept him.

(g)

Similarly, if a Levi or Kohen accepts all matters of Leviyah or Kehunah except for one matter, we do not accept him - "ha'Makriv Es Dam ha'Shelamim (Lo Sihyeh... l'Manah)";

1.

If a Kohen does not admit to all the Avodos assigned to Bnei Aharon, he has no share in Kehunah.

(h)

(Beraisa): If one wants to be a Chaver:

1.

If we already saw him conduct like a Chaver covertly in his house, we accept him immediately, and then teach him all the laws;

2.

If not, first we teach him all the laws, and then we accept him.

(i)

R. Shimon says, in either case we accept him immediately. He will learn the laws over time.

(j)

(Beraisa): We accept one who agrees to wash his hands (before eating bread or touching Terumah), and later he will accept all laws of Taharah;

1.

If he agrees only to wash his hands, we accept him;

2.

If he agrees to observe all matters of Taharah except for washing his hands, we do not accept him. (Washing is easy. If he cannot keep this, surely he cannot keep all the other laws!)

(k)

Version #1 - (Beraisa) Question: What is the minimal acceptance?

(l)

Version #2 - (Beraisa) Question: How long must one keep the laws covertly in order that we will accept him immediately? (end of Version #2)

(m)

Answer #1: Beis Shamai say, for (trusting him concerning) Tum'ah of liquids (which is only mid'Rabanan) 30 days suffice. For his garments (to assume that they are Tehorim), we require 12 months;

(n)

Answer #2: Beis Hillel say, both of these require 12 months.

(o)

Objection: If so, Beis Hillel are more stringent than Beis Shamai. If so, this should have been taught in Eduyos (with the other places where Beis Hillel are more stringent)!

(p)

Correction: Rather, Beis Hillel say that 30 days suffice for both.

4)

ACCEPTANCE OF CHAVERUS

(a)

(Beraisa): Acceptance of Chaverus must be in front of three Chaverim;

(b)

His children and household (wife and slaves) need not accept in front of three.

(c)

R. Shimon ben Gamliel says, his children and household must accept in front of three;

1.

The acceptance of a Chaver is unlike the acceptance of his son. (Since the son's acceptance is merely due to his father, we must not make it lighter than his father's. Also it requires three. Alternatively, the first Tana taught this clause. A son need not accept at all. Certainly he will conduct like his father!)

(d)

(Beraisa): Acceptance of Chaverus must be in front of three Chaverim;

(e)

Even a Chacham must accept in front of three. A Chacham who learns (full time) in Beis Medrash need not accept in front of three, for he already accepted when he started to learn.

(f)

Aba Sha'ul says, a Chacham need not accept. Further, others can accept in front of a Chacham!

(g)

(R. Yochanan): This Beraisa was taught in the time of the son of R. Chanina ben Antignos:

1.

A case occurred in which R. Yehudah and R. Yosi had a question about Taharos. They sent two Chachamim to ask R. Chanina's son.

2.

They found him engaging in Taharos. They asked him the question. He picked Chaverim among his Talmidim to watch the Taharos, and investigated the question.

3.

R. Yehudah was upset that R. Chanina's son did not trust the Chachamim sent to him. He said "he and his father disgrace Chachamim!" (Tosfos - a similar case had occurred with his father; Rashi - the charge against his father was false. It was added out of anger.)

4.

R. Yosi: Do not be upset. After the Churban, Kohanim are extra strict. They entrust Taharos only to one who accepted Chaverus.

(h)

(Beraisa): If a Chaver died, his children and household retain their Chazakah (of being Chaverim), until we see reason to suspect them;

(i)

If Techeles was sold in a Chatzer and it was Muchzak to be authentic, it retains its Chazakah until we see reason to suspect (that they sell imitation Techeles, e.g. from the indigo plant).

(j)

(Beraisa): If an Am ha'Aretz's wife (who was widowed or divorced) or daughter married a Chaver, or if an Am ha'Aretz's slave was sold to a Chaver, (s)he must accept Chaverus;

(k)

If a Chaver's daughter or wife married an Am ha'Aretz, or if a Chaver's slave was sold to an Am ha'Aretz, (s)he need not accept Chaverus (if (s)he returns to a Chaver);

(l)

R. Meir requires accepting Chaverus.

1.

R. Shimon ben Elazar citing R. Meir: A case occurred in which a woman was married to a Chaver. She bound Tefilin on his hand. Later, she married to an Am ha'Aretz, and tied tax collector's seals on his arm. (Tax collectors are assumed to steal. This shows that if a righteous woman marries a Rasha, she is prone to become evil.)

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